HomeMy WebLinkAboutAging & Long Term Care (ALTC) Footcare 2015ALTCCOG 10-2015
PERFORMANCE AGREEMENT NO. 2015 -City of Pasco
ADMINISTRATION OF AGREEMENT
THIS AGREEMENT is entered into by and between Southeast Washington Aging
and Long Term Care Council of Governments, hereinafter denominated the "SE WA
ALTC COG", whose address is P.O. Box 8349, Yakima, Washington 98908, and the 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-15. 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, 2015 — December 31, 2015
Dave Zabell, Ci er Lori 7. Mrownj irec or
City of Pasco SE Washington ging and Long Term Care
Date:
Date:
q s"G
ALTCCOG 10-2015
STANDARD TERMS AND PAYMENT PROVISIONS
SPECIFIC PROVISIONS
I APPLICABLE LAWS AND REGULATIONS
The Contractor agrees that services contemplated or delivered within the terms of this
Agreement and funds administered in the delivery of the specified services shall be
provided in accordance with all applicable Federal, State, and local laws and regulations.
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 Southeast Washington Aging and Long Term Care
Council of Governments 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
2
ALTCCOG 10-2015
Southeast Washington Aging and Long Term Care funding should encourage the effective
targeting of services to the vulnerable elderly by the Contractor. Specific goals to be
attained for 2015 are as follows:
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.
IV. 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.
3
ALTccoG io-zou
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.
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. SE WA ALTC COG 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. SE WA ALTC COG shall submit
to the Contractor notification of intent to recapture unspent funds and a
modification to the budget reflecting the adjusted changes in the Agreement.
VI. ADMINISTRATIVE AGREEMENTS:
A. Contractor acknowledges that the current sponsoring governmental
entity of Area Agency on Aging region services, Yakima County, shall
cease as the sponsoring governmental entity for Southeast Washington
Aging and Long Term Care effective midnight December 31, 2014. The
parties agree that SE WA ALTC COG (Southeast Washington Aging and
Long Term Care Council of Governments) is intended to be created
under the formation of a stand-alone legal entity made of various
member counties. Any such contract rights and responsibilities is that
of SE WA ALTC COG and not that of Yakima County. The parties agree
that no reliance claims of previous course of dealings, course of conduct,
or any other past practices in dealing with the previous governmental
sponsoring entity shall be applicable to SE WA ALTC COG in
interpretation or performance of this agreement.
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 SE WA ALTC COG: The Contractor shall provide access at all reasonable
times for SE WA ALTC COG to monitor and/or evaluate the provisions of services
under this Agreement. SE WA ALTC COG may, with prior permission from the
participant and knowledge of the Contractor, interview a certain percentage of
participants to ascertain their experiences with the program.
4
ALTCCOG 10-2015
D. Records and Reports: The Contractor agrees to:
1. Maintain program records and reports, including statistical information, and
to make such records available for inspection by SE WA ALTC COG in order
for SE WA ALTC COG to be assured that contracted activities remain
consistent with the terms of this Agreement and the currently approved SE
WA ALTC COG Area Plan which shall be kept on file at the SE WA ALTC COG
office. The Contractor further agrees to provide such information as
requested by SE WA ALTC COG within the time limitations established by SE
WA ALTC COG.
2. Submit 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 SE WA ALTC COG by the end of the
month following the end of each quarter.
3. Complete and submit such additional reports as are required by SE WA ALTC
COG within the specified time frames, providing the Contractor is given a
written request for the reports thirty (30) days prior to the due date.
E. Inventory: The Contractor agrees to:
1. Submit to SE WA ALTC COG vendor invoice(s) at the same time with the
monthly billing before SE WA ALTC COG 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 SE
WA ALTC COG, of all equipment purchased under this Agreement.
F. Contractors Meeting: The Contractor agrees to have a representative attend the
Southeast Washington Aging and Long Term Care Council of Governments
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 Southeast Washington Aging and Long Term
Care Council of Governments 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.
5
ALTCCOG 10-2015
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.
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, SE WA ALTC COG shall have the right to assert a claim against
the Contractor on its own behalf and/or on behalf of the client.
I. Private Pav: 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
SE WA ALTC COG 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. SE WA ALTC COG funds are not used to replace funds from any other
existing program funding;
2. It will continue or initiate efforts to obtain support from private sources and
other public organizations for this service;
3. It will utilize new funding sources for this service if they become available
through SE WA ALTC COG and it will make any changes necessary to meet
the requirements of the new funding sources.
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.
6
ALTCCOG 10-2015
The state requires that rates charged to others cannot be less than the
program charges the state for the same services (usual and customary fee).
The unit rate charged to SE WA ALTC COG must equal or exceed the rate
billed the state for the same service or the state must be charged the lower
rate.
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 SE WA ALTC COG will monitor and assess the activities and
progress of all programs covered under this Agreement on an ongoing basis.
Said monitoring and assessment will be accomplished through, but not
limited to, review of program and financial reports, on-site visits (service
delivery and administrative sites), conference with program administrators
and staff, and visits by members of the Southeast Washington Aging and
Long Term Care (SE WA ALTC COG) staff and SE WA ALTC COG 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 SE WA ALTC COG or DSHS. Prior notice will be provided as
well as final reports of evaluations or studies.
5. Conduct a self-evaluation of the program annually. The self-evaluation shall
include a survey of at least 10% of clients utilizing the service. The
Contractor shall take steps to correct deficiencies found during the internal
monitoring. Monitoring reports shall be made available to SE WA ALTC COG
upon request.
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"), 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.
ALICCOG 10-2015
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 SE WA ALTC COG'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 SE WA ALTC COG 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.
K
ALTCCOG 10-2015
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 3rd 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 and Long Term Care Council of Governments
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.
0. SECURITY OF DATA
1. The Contractor shall take reasonable precautions to secure against
unauthorized physical and electronic access to data, which shall be
protected in a manner that prevents unauthorized persons, including the
general public, from retrieving data by means of computer, remote
terminal, or other means. The Contractor shall take due care to protect
said Data from unauthorized physical and electronic access. The data will
be stored on computers with security systems that require individual user
IDs and hardened passwords. Only persons who have signed the
Washington State Notice of Nondisclosure confidentiality form covering this
data share agreement will be able to access the data that SE WA ALTC COG
shares with the Contractor under this agreement.
2. The Contractor shall remove data received under this agreement from
computer equipment after it's been used for its stated purposes by using a
"WIPE" utility for purging the Data from electronic storage media,
degaussing the media, or physically destroying the media in such a way
that Data cannot be recovered. Media includes, but is not limited to, the
following:
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;
9
ALTCCOG 10-2015
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).
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 SE WA ALTC COG 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 SE WA ALTC COG's oral health program to promote
health and disease prevention. This may include dissemination of educational
materials or Southeast Washington Aging and Long Term Care presentations on oral
health.
Ti,
ALTCCOG 10-2015
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.
S. EMERGENCY PREPAREDNESS
Contractor will develop an emergency plan that includes the administrative office,
local offices and clients that defines what procedures should be followed when a
disaster occurs. The plan will outline what process is to be followed to provide the
necessary services for a client when normal services may be disrupted. The plan
must include a list of those who are at most risk and updated frequently. This
plan must be submitted to SE WA ALTC COG for review.
The plan should include the following:
a. Contractor must designate a staff person to oversee planning tasks
and determine how emergency management is carried out in the
local jurisdiction(s);
b. Contractor must communicate and establish working relationships
with local emergency operations leadership such as county
emergency management, fire department, law enforcement, etc.;
C. Participate in plan development, drills, exercises and other
preparedness activities. Request of local emergency operations
leadership to notify your agency to be included in ongoing exercises
and other preparedness activities;
d. Identify other partners such as the American Red Cross, Salvation
Army who are active in disaster situations
e. Contractor must have a plan for serving currently authorized clients
during periods when normal services may be disrupted. This may
include earthquakes, floods, snowstorms, etc. Reasonable efforts to
contact all clients beginning with those who have been determined
to be most at risk must be made.
f. Through the duration of the disaster the contractor shall continue to
contact clients at least weekly who have declined services to offer
services and identify significant changes in condition.
Once the emergency policy has been developed, SE WA ALTC COG should be
provided a copy for review and approval.
ALTCCOG 10-2015
PAYMENT PROVISIONS
I CONSIDERATION
Payment shall be based on claims for reimbursement as reported on the Southeast
Washington 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.
SE WA ALTC COG shall not be held responsible for any financial loss suffered by the
Contractor as a result of performance of services as outlined in this Agreement in the
mutually agreed budget, service delivery standards, units of service and payment
standards.
II GENERAL PAYMENTS CONDITIONS
The Contractor agrees to the following standards in satisfactorily performing the terms and
conditions of this Agreement:
A. No payment shall be made for any contracted activity rendered by the Contractor
which is not identified within the terms and conditions of this Agreement and set
forth within a category of the budget.
B. Contractor shall submit to SE WA ALTC COG a written request for approval of
budget revision when:
1. The revision would change the scope or objectives of any contracted activity
category;
2. Additional revenue is received for contracted activities within the terms of
this Agreement;
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 SE WA ALTC COG budgeted amount for administration or service
delivery.
C. Payments shall be based on SE WA ALTC COG's receipt of all fiscal and
programmatic reports required by this Agreement to substantiate claims for
reimbursement. SE WA ALTC COG expressly reserves the right to withhold
payment in whole or in part when:
1. The Contractor fails to submit all required documentation, or
2. In SE WA ALTC COG's judgment, additional information is required to
substantiate the basis upon which claims for reimbursement are made,
provided the request for such additional information is consistent with the
requirements of this Agreement; or
12
ALTCCOG 10-2015
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 SE WA ALTC COG 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.
SE WA ALTC COG agrees to promptly notify the Contractor of any proposed reduction in
funding by State, Federal, or other officials. The Contractor agrees that upon receipt of
such notice it shall take appropriate and reasonable action to reduce its spending in the
affected funding area so that expenditures do not exceed the funding level which would
result if said proposed reduction became effective.
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,
SE WA ALTC COG 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 SE WA
ALTC COG relied upon to establish this Agreement are withdrawn,
reduced or limited, or if additional or modified conditions are
placed on such funding, SE WA ALTC COG 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.
13
.ALTCCOG 10-2015
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 SE WA ALTC COG.
B. SE WA ALTC COG agrees to make payment for contracted activities provided as
approved by the SE WA ALTC COG with 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 SE WA
ALTC COG by the tenth day of each month following the month during which the
services were provided. No payment shall be made in the month services are
rendered unless otherwise approved by SE WA ALTC COG. If the last working day
of a month falls on a Saturday, Sunday or holiday, payment will be made on the
last SE WA ALTC COG working day of the month.
UNITS OF SERVICE
A.
B.
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
Tota/
Burbank, Walla Frank/in Tota/
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
Frank/in
Tota/
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
Tota/
$2,052
$16,440
$18,492
14
ALTCCOG 10-2015
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, SE WA ALTC COG agrees to
pay the Contractor a sum not to exceed $18,492 from available funds as submitted on
the 2015 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,
2015 through December 31, 2015. 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, 2015 to December 31, 2015.
15
BASIC AGREEMENT: SE WA ALTC-2015
between
SOUTHEAST WASHINGTON AGING AND LONG TERM CARE
COUNCIL OF GOVERNMENTS
and
THE CITY OF PASCO
Table of Contents
IPURPOSE
----------------------------------------------------------------
1
II
AUTHORITY OF THE DIRECTOR ----------------------------------
1
III
EXTENT OF AGREEMENT-------------------------------------------
1
IV
PERIOD OF AGREEMENT -------------------------------------------
1
V
COMPLIANCE WITH LAWS-----------------------------------------
1
VI
ORDER OF PRECEDENCE -------------------------------------------1
VII
RELATIONSHIP OF THE PARTIES --------------------------------
2
VIII
DEFINITIONS------------------------------------------------------------
2
IX
SAFEGUARDING OF INFORMATION ----------------------------
2
X
TREATMENT OF ASSETS--------------------------------------------
3
XI
LICENSING AND PROGRAM STANDARDS --------------------
4
XII
STANDARDS FOR FISCAL ACCOUNTABILITY ---------------
4
XIII
INSPECTION -------------------------------------------------------------
4
XIV
HOLD HARMLESS -----------------------------------------------------
5
XV
AUDIT REQUIREMENTS---------------------------------------------
5
XVI
INSURANCE AND BONDING ---------------------------------------
7
XVII
NONDISCRIMINATION -----------------------------------------------
7
XVIII
INCIDENT REPORTING ----------------------------------------------
8
XIX
ASSIGNMENT AND SUBCONTRACTING -----------------------
9
XX
SEVERABILITY ---------------------------------------------------------
9
XXI
MODIFICATION--------------------------------------------------------
9
XXII
SUSPENSION, TERMINATION AND CLOSE-OUT-------------
9
XXIII
INDIVIDUAL RIGHTS AND HIPAA-------------------------------
10
XXIV
GRIEVANCE PROCEDURES ----------------------------------------
10
XXV
DEBARMENT AND EXCLUSION ----------------------------------
11
XXVI
CONFLICT OF INTEREST --------------------------------------------
l I
XXVII
CONVENANT AGAINST CONTINGENT FEES -----------------
1 I
XXVIII
LOBBYING ---------------------------------------------------------------
11
XXIX
PROHIBITION OF POLITICAL ACTIVITES----------------------
12
XXX
DISPUTES----------------------------------------------------------------
12
XXXI
DRUG-FREE WORKPLACE------------------------------------------
12
XXXII
REIMBURSEMENT LIMITS------------------------------------------
12
XXXIIIVENUE
--------------------------------------------------------------------
13
XXXIV
CONDITION PRECEDENT -------------------------------------------
13
CONTRACTAUTHORIZATION-------------------------------------
13
COP
THIS BASIC AGREEMENT is entered into by and between Southeast Washington Aging and Long
Term Care Council of Governments hereinafter called "Southeast Washington Aging and Long
Term Care," whose address is P.O. Box 8349 Yakima, Washington 98908, and The City of Pasco
hereinafter called "the Contractor" whose address is P.O. Box 293, Pasco, Washington, 99301.
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
Southeast Washington Aging & Long Term Care hereby appoints and the Contractor hereby accepts the
Director of Southeast Washington Aging and Long Term Care or a designee, as the Southeast
Washington Aging and Long Term Care's representative for the purpose of administering the provisions
of this Basic Agreement and subsequent Contracts, including Southeast Washington Aging and Long
Term Care'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 Southeast Washington Aging and Long Term
Care. Southeast Washington Aging and Long Term Care reserves the right to terminate this Basic
Agreement or any Contract and to commence civil action for its enforcement.
HI 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 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;
Page 1 of 13
COP
D. Any other provisions incorporated in writing into the Basic Agreement or Contract.
VII RELATIONSHIP OF THE PARTIES
The parties agree that the Contractor is an independent contractor and not an agent or employee of
Southeast Washington Aging and Long Term Care. Agents, employees, or representatives of the
Contractor shall neither claim to be nor present themselves as employees, agents, or representatives of
Southeast Washington Aging and Long Term Care for any purpose. Employees of the Contractor are not
entitled to any benefits Southeast Washington Aging and Long Term Care 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 Southeast Washington Aging and Long Term Care 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 Southeast Washington
Aging and Long Term Care. 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 Washington, or
Page 2 of 13
COP
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 Southeast Washington Aging and Long Term Care with County,
State, or Federal funds shall remain with Southeast Washington Aging and Long Tenn Care, 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 Southeast Washington Aging and Long Term Care 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 Southeast Washington Aging and Long Term Care, 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 Southeast
Washington Aging and Long Term Care, State, or Federal Government.
E. Nonexpendable personal property furnished to or purchased by the Contractor, which is vested in
Southeast Washington Aging and Long Term Care, 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 Southeast Washington Aging and Long Term Care, State, or Federal
Government, the Contractor agrees to execute such security agreements and other documents as
shall be necessary for Southeast Washington Aging and Long Term Care, State, or Federal
Government to protect their respective interests in such property in accordance with the Uniform
Commercial Code -Secured Transactions as codified in Article 9, Title 62A, RCW.
Page 3 of 13
COP
G. The Contractor shall be responsible:
1. For loss or damage to property of Southeast Washington Aging and Long Term Care, 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 Southeast Washington Aging and Long
Term Care, State, or Federal Government in condition as good as when acquired, reasonable
wear and tear expected.
H. Upon the loss or destruction of or damage to Southeast Washington Aging and Long Term Care,
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 Southeast Washington Aging and
Long Term Care, 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
Southeast Washington Aging and Long Term Care, 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 Southeast Washington Aging and Long Term Care, 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.
XIII INSPECTION
A. The Contractor shall give access to its facilities and records to any authorized officer, employee or
agent of Southeast Washington Aging and Long Term Care, the State of Washington or the
Page 4 of 13
COP
Federal Government at all reasonable times. Authorized persons shall have the right to examine
the Contractor's performance, financial records, and HIPAA documentation and perform other
activities to determine the Contractor's compliance with the terms of this Basic Agreement, any
Contract, and HIPAA. The Director shall give the Contractor reasonable notice of monitoring,
auditing, observation and other visits by its officers and employees to the Contractor's place of
business.
B. The Director may require the Contractor to make reasonable changes in the contracted services
and HIPAA practices, as completed or to be completed, if the contracted services fail to conform
to the standards and specifications set forth in the Contract.
C. The Contractor shall notify the Director immediately of inspections, audits, accreditations, or
program reviews related to the delivery of contracted services. The Contractor agrees to provide
the Director copies of written reports of inspections, audits, accreditations or program reviews
within 72 hours.
XIV HOLD HARMLESS
A. Indemnification, Defense, and Hold Harmless: To the fullest extent permitted by law including
RCW 4.24.115, the Contractor shall indemnify, defend, and save harmless Southeast Washington
Aging and Long Term Care and its officers, employees, agents, and volunteers from all claims,
suits, or actions brought for injuries to, or death of, any persons, or damages arising from or
relating to the Contractor's performance of this Agreement or in consequence of any negligence or
breach of contract related to the Contractor's performance of this Agreement caused in whole or in
part by any act or omission by the Contractor or the agents or employees of the Contractor related
to performance of this Agreement.
B. Contractor's Waiver of Employer's Immunity under Title 51 RCW: Contractor intends that
its obligations to indemnify, defend, and hold harmless set forth above in section 15 shall operate
with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's
Industrial Insurance Act. Accordingly, the Contractor specifically assumes all potential liability for
actions brought by employees of the Contractor against Southeast Washington Aging and Long
Term Care and its officers, employees, agents, and volunteers, and, solely for the purpose of
enforcing the Contractor's obligations to indemnify, defend, and hold harmless set forth above in
section 15, the Contractor specifically waives any immunity granted under the state industrial
insurance law, Title 51 RCW. The parties have mutually negotiated this waiver. The Contractor
shall similarly require that any subcontractor it retains in connection with its performance of this
Agreement shall comply with the terms of this paragraph, waive any immunity granted under Title
51 RCW, and assume all liability for actions brought by employees of the subcontractor.
XV AUDIT REQUIREMENTS
A. Definitions
Single Audit means an audit that will encompass the entirety of the financial operations of the
Contractor and shall determine and report whether:
I. 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
Page 5 of 13
COP
3. The Contractor has complied with laws and regulations that may have a material effect upon
each major Federal assistance program. In testing compliance for this section the auditor
must select and test a representative number of transactions from each major Federal
assistance program.
Program-Specific Audit means an audit of one Federal program in accordance with Federal laws,
regulations, or audit guides relative to that particular program. When a Contractor expends
Federal Financial Assistance under only one Federal program and the Federal program's laws,
regulations, or grant agreements do not require a financial statement audit of the Contractor, the
Contractor may elect to have a program-specific audit.
Subrecipient means any person or government department, agency, or establishment that receives
federal financial assistance to carry out or administer a program but not an individual who is a
beneficiary of such a program. Distinguishing characteristics of a subrecipient include such items
as responsibility to meet compliance requirements, performance measured against meeting the
objectives of a program, responsibility for programmatic decision making, and determining
eligibility for assistance.
Vendor means an entity responsible for providing goods or services that are required for the
conduct of a Federal program. Distinguishing characteristics of a vendor include such items as
providing the goods or services within normal business operations, operating for a profit,
providing similar goods or services to many different purchasers, operating in a competitive
environment, and not having responsibility for adherence to program compliance requirements.
Federal Financial Assistance means assistance provided by a Federal agency in the form of
grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies,
insurance, food commodities, direct appropriations, and other assistance. It does not include direct
Federal cash assistance to individuals. It includes awards received directly from Federal agencies
or indirectly through other units of state and local governments.
B. The Contractor, if a subrecipient of Federal Financial Assistance and expends (from all
sources) $750,000 or more a year in Federal Financial Assistance, shall purchase annually a
single or program-specific audit conducted for that year by a government auditor or public
accountant who meets the standards for independence specified in the Government Auditing
Standards. The Contractor agrees to:
I . Adhere to the Office of Management and Budget (OMB) Circular A-133 and other relevant
Federal and State Requirements;
2. Provide access to independent auditors to its financial records; and
3. Maintain accounting records that will enable identification of all federal funds received and
expended by the OMB Catalog of Federal Domestic Assistance number.
C. The Contractor, if a subrecipient of Federal Financial Assistance and expends (from all
sources) less than $750,000 per year in Federal awards is exempt from Federal audit
requirements for that year, but records must be available for review or audit by appropriate
officials of the Federal Agency, pass-through entity and the General Accounting Office (GAO).
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
Page 6 of 13
COP
3. Provide access to its financial records by appropriate officials of Southeast Washington
Aging and Long Tenn Care, State, Federal Government or their authorized representative to
determine program compliance.
E. The Contractor shall ensure that the audit report, with management letter, is submitted to the
Director within nine months after the end of the audit period but no later than 30 -days after its
receipt.
XVI INSURANCE AND BONDING
A. Southeast Washington Aging and Long Tenn Care certifies that it is insured as a member of
Enduris, and can pay for losses for which it is found liable.
B. The Contractor shall maintain occurrence based comprehensive general liability insurance and
automobile liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000
aggregate, as well as Workers Compensation Contingent Employers Liability with minimum limits
of $1,000,000 each accident or disease for each employee. Such insurance shall provide that
Southeast Washington Aging and Long Term Care, its officers, employees, agents and volunteers
are Primary Additional Insured's under such insurance. The coverage provided under such
insurance for such Primary Additional Insured's shall be primary and not contributory to any other
coverage that may be available to such Primary Additional Insured's. Prior to commencement of
any work under this Agreement, the Contractor shall, provide proof of such insurance including all
Certificates of Insurance and endorsements pertaining to such insurance, and if requested, any
policy pertaining to insurance required under this Agreement.
C. The Contractor agrees to maintain, without interruption during the term of a Contract, a Fidelity
Bond in a minimum amount of $50,000, unless specified otherwise in the contract, which covers
all individuals responsible for the administration of funds provided within the terns of a Contract.
Certification of bonding shall be submitted to the Director within thirty days after execution of a
Contract.
D. The Contractor shall notify the Director immediately if either insurance or bonding coverage is
terminated during the term of a Contract or is reduced below contractual requirements.
XVII NONDISCRIMINATION
A. The Contractor shall develop or adopt a nondiscrimination plan consistent with the Washington
State Law Against Discrimination (RCW 49.60).
B. The Contractor agrees that it shall not discriminate against any person on the grounds of race,
creed, color, religion, national origin, sex, sexual orientation, age, marital status, political
affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the
Washington State Law Against Discrimination (RCW Chapter 49.60) or the Americans with
Disabilities Act (42 USC 12101 et seq). In the event the Contractor 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.
Page 7 of 13
COP
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;
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, Southeast Washington Aging and Long Term Care 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:
I. 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 Southeast Washington Aging and Long
Term Care Council of Governments Governing Board may have a need to know; or
Page 8 of 13
COP
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.
XX SEVERABILITY
If any provision of this Basic Agreement shall be held invalid, the invalidity shall not affect the other
provisions of the Agreement. To that end, the provisions of this Basic Agreement are severable.
XXI MODIFICATION
No modification or waiver of any clause or condition of this Basic Agreement is binding upon either
party unless such modification or waiver is in writing and executed by both parties.
XXII SUSPENSION, TERMINATION AND CLOSEOUT
If the Contractor fails to comply with the terms of this Basic Agreement, any Contract or HIPAA, the
Director may pursue such remedies as are legally available including the suspension or termination of
this Basic Agreement or the Contract in whole or in part in the manner specified herein.
A. Suspension - If the Contractor fails to comply or is unable to substantiate full compliance with the
terms of this Basic Agreement or any Contract, the Director may suspend this Basic Agreement or
the Contract in whole or in part pending corrective action or investigation, effective no less than
seven days following written notification to the Contractor. The suspension shall remain in force
until the Contractor complies to the satisfaction of the Director and is able to substantiate its full
compliance with the terms of this Basic Agreement and the Contract. No obligation incurred by
the Contractor during the period of suspension shall be allowable under this Basic Agreement
except:
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
Page 9 of 13
COP
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 Southeast Washington Aging and
Long Term Care.
D. Closeout - Upon expiration or termination of a Contract, in whole or in part, the following
provisions shall apply:
1. Southeast Washington Aging and Long Term Care shall pay to the Contractor all allowable
reimbursable costs not covered by previous payment upon submittal of a final invoice,
subject only to the right reserved to the parties in the event of a dispute as provided in
subparagraph "3" below.
2. The Contractor shall pay to Southeast Washington Aging and Long Term Care moneys
received from Southeast Washington Aging and Long Term Care in excess of allowable
costs, subject only to the right reserved to the parties in the event of a dispute as provided in
subparagraph "3" below.
3. In the event the Director and the Contractor are unable to agree upon amounts due as
provided in subparagraphs "1" or "2" above, either party shall have the right to withhold the
disputed amount from final payment pending a final audit, and then pay such amounts as the
audit determines are payable.
4. The Contractor shall submit all required financial and performance reports and claims for
payment within thirty days after the end of the contract unless a different period is set by
Southeast Washington Aging and Long Term Care.
5. At the option of the Director, the contractor shall return or destroy all PHI created or
received from or on behalf of Southeast Washington Aging and Long Term Care 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 Southeast Washington Aging and Long
Term Care, 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 Southeast Washington Aging and Long Term Care 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
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
Page 10 of 13
COP
delivery of contracted services, the grievance procedures must include the right of the grievant to appeal
to the Director. Applicants and clients shall be advised of the grievance procedures and their right to due
process if they feel they have been wrongfully denied or terminated from services.
XXV DEBARMENT AND EXCLUSION
A. The Contractor shall and does certify it is not debarred, suspended, ineligible or voluntarily
excluded from participation in Federal assistance programs. The Certification will be signed and
submitted to the Director before the execution of this Basic Agreement.
B. The Contractor shall provide immediate written notice to the Director if at any time the Contractor
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
C. The Contractor shall not knowingly assign or subcontract any portion of contracted services to a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation.
XXVI CONFLICT OF INTEREST
The Director may, by written notice to the Contractor, terminate this Basic Agreement in whole or in
part if it is found after due notice and hearing that any of the following laws have been violated in
obtaining or amending this Basic Agreement or any Contract or in making determinations with respect to
this Basic Agreement or any Contract:
A. RCW 42.20, Misconduct of Public Officers;
B. RCW 42.23, Code of Ethics for Municipal Officers -Contract Interests.
C. RCW 42.52, Ethics in Public Service
Southeast Washington Aging and Long Term Care 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.
Page 11 of 13
COP
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.
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.
A. The Contractor shall and does certify it provides a drug-free workplace in compliance with the
Drug -Free Workplace Act (Public Law 100-690 Title V, Subtitle D). The Certification will be
signed and submitted to the Director before the execution of this Basic Agreement.
B. The Contractor shall publish a statement notifying employees of prohibitions against use,
manufacture, distribution or possession of controlled substances in the workplace and specific
actions that will be taken in the event of non-compliance. Employees shall be notified that, as a
condition of employment, they must abide by the terms of the statement and notify the employer in
writing of any conviction for a criminal drug statute occurring in the workplace within five
calendar days after such conviction. This statement shall at a minimum be distributed to all
employees engaged in the delivery of contracted services.
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 Southeast Washington Aging and Long Term Care or deducted
from the next Claim for Payment submitted by the Contractor.
Page 12 of 13
COP
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.
MA.M
PRECEDENT
This Basic Agreement shall not be binding until signature is authorized by Resolution of Southeast
Washington Aging and Long Term Care Council of Government Governing Board.
Contract Authorization
Southeast Washington Aging and
Long Term Care Council of Governments
Lori Brown, Ir
ctor
lQ Il '�r/
Date: [
City of Pasco
ave Zabe , it M ager
v� Zal�e CTS manacQ�
Print Name and Title
VO4
Date
Page 13 of 13
COP
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Signature of this form provides for compliance with certification requirements under the "New Restrictions on Lobbying,"
"Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free
Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance was placed
when this basic agreement was entered into.
1. LOBBYING
As required by Section 1352, Title 31, of the U.S. Code for persons entering into a grant or cooperative agreement (including
subawards) over $100,000, the contractor certifies that:
A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal grant or cooperative agreement;
B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress
or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;
C) The undersigned shall require that the language of this certification be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
As required by the certification requirements under the regulations implementing Executive Order 12549, Debarment and
Suspension, the contractor certifies that it and its principals:
A) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in covered transactions by any Federal department or agency;
B) Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; and
C) Are not presently indicted for or otherwise criminally or civilly charged by a Government entity (Federal, State, or local)
with commission of any offenses enumerated in paragraph (B) of this certification.
Where the contractor is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
this application.
3. DRUG-FREE WORKPLACE
As required by the Drug -Free Workplace Act of 1988 (Pub.L. 100-690, Title V, Subtitle D) and implemented through additions
to the Debarment and Suspension regulations, published 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;
Pagel of 2
COP
2) Establishing an ongoing drug-free awareness program to inform employees about:
a) The dangers of drug abuse in the workplace;
b) The contractor's policy of maintaining a drug-free workplace;
c) Any available drug counseling, rehabilitation, and employee assistance programs; and
d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the
statement required by paragraph (1);
4) Notifying the employee in the statement required by paragraph (1) that, as a condition of employment under the
contract, the employee will:
a) Abide by the terms of the statement; and
b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the
workplace not later than five calendar days after such conviction;
5) Notifying the County, in writing, within ten calendar days after receiving notice under subparagraph (2)(b) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose contract activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected contract;
6) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (4)(b), with
respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with
the requirements of the Rehabilitation Act of 1973, as amended; or
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency;
7) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs
(1),(2),(3),(4),(5), and (6).
B) Insert in the space provided below the site(s) for the performance of work done in connection with the specific contract:
Place of Performance: (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here.
As the duly authorized representative of the Contractor, I hereby certify that the Contractor will comply with the above
Con�t- ctor ` // __ II I
K[ �erwOk �rrec I �' ! 1 7rcte .WAun��j �rUlceS
Printed Narnand Titl thorized Representative /
SignaUVe and Dat
Page 2 of 2
COP
Agin
ALTCLcoanreg'erm
Southeast Washington
January 15, 2015
Dave Zabell, City Manager
City of Pasco
P.O. Box 293
Pasco, WA 99301
Pasco City Hall
RECEIVED
JAN 2 0 2015
City Manager's Office
1) Performance Agreement No. 2015 City of Pasco:
ALTC Agreement: ALTCCOG 10-2015
2) Basic Agreement: SE WA ALTC 2015
Dear Mr. Zabell:
Enclosed for your files is one (1) fully executed original of each above
referenced agreement recently approved by the Director of Southeast
Washington Aging and Long Term Care Council of Governments and/or its
Governing Board. Thank you!
Sincerely,
Kathleen Coffey
Office Specialist
Enclosures
P.O. Box 8349 • Yakima, WA 98908
(509) 965-0105 • Fax (509) 965-0221 • 1-877-965-2582
Web Page: www.altewashiiigton.com
Southeast Washington Counties:
Asotin • Benton • Columbia • Franklin • Garfield • Kittitas • Walla Walla • Yakima