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HomeMy WebLinkAboutAging & Long Term Care (ALTC) Footcare 2017ALTCCOG 20/7-23 PERFORMANCE AGREEMENT NO. 2017 COP (FOOTCARE3 ADMINISTRATION OF AGREEMENT THIS AGREEMENT is entered into by and between Southeast Washington Aging and Long Term Care Council of Governments hereinafter denominated "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, Washington 99301, hereinafter denominated the "Contractor", whose duly authorized representatives are named in documents on file at the Southeast Washington Aging and Long Term Care Council of Governments Administrative office. The parties agree that this contract agreement becomes effective at the time of execution by the Southeast Washington Aging and Long Term Care Council of Governments Director and/or Governing Board. THE PURPOSE of this Agreement is to provide for the delivery of Footcare services in accordance with the terms and conditions set forth in the provisions as listed below: ADDITIONAL TERMS of this Agreement are set out in and governed by ALTC Basic Agreement January 2016 (QasicAgreementNo. 20167ansaslc-IXOP). In the event the Basic Agreement is revised, this Agreement shall conform to the revisions. PROGRAM AMOUNTS Title III B Foot Care - Pasco $16,440 Foot Care - Burbank 2 052 TOTAL FU1VDINGALL0C47701V PERIOD OFAGREEMENT January 1, 2017 - December 31, 2017 �ave3abell, City Manager City of Pasco Date: / &2 Appro As To L al Form: D iel Clark, A #359 Yakima County Senior Deputy Prosecuting Attorney and Civil Legal Counsel for SE WA ALTC COG Brow Director SE Washington Aging and Long Term Care Council of Governments Date:�L2g�� =1 ALTCCOG 20/7-13 STANDARD TERMS AND PAYMENT PROVISIONS CITYOFPASW 2017 FOOTCARE SPECIPICPROVISIONS APPLICABLE LAWS AND REGULATIONS The Contractor agrees that services contemplated or delivered within the terms of this Agreement and funds administered in the delivery of the specified services shall be provided in accordance with all applicable Federal, State, and local laws and regulations, in particular the following: A. CFR Title 45, Subtitle A, Part 74, (Administration of Grants) B. 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 American Act (PL 109-365) E. WAC 246-840-700, 710; RCW 18.79 (Standards of Nursing Conduct) 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, 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. Target population for geriatric preventative foot care services are the individuals age 60 and over who: 1. Need one or more of the program services to avoid additional health problems or assist with activities of daily living, thereby reducing the need for other services; AND 2. Are not eligible for or have exhausted other sources of payment for similar services (Medicare, Medicaid, insurance) or similar services are not available. As stated in the Geriatric Preventative Foot Care Program Standards, a copy of which has been provided to the Contractor all persons served should be members of the target population. To the degree feasible, persons served should meet the vulnerability criteria. 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 SE WA ALTC COG 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 ALTCCOG 2017-23 IV V. SE WA ALTC COG funding should encourage the effective targeting of services to the vulnerable elderly by the Contractor. Specific goals to be attained for 2016 are as follows: Target Group Percentage Racial or ethnicminori8es 22% Low-income 9L7% 75 years of age or older 5040 Limited or non-English speaking 9% Living alone 90% 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. Ginics 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. 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 the in the City of Burbank in 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. Home visits or home delivery of services (if applicable); 3. Multicultural, bilingual persons to assist multicultural, bilingual clients in receiving services; 4. Publicity of program through public service announcements, brochures, etc. 5. Meeting with other service providers/agencies to explain services the Contractor provides and how referral can be made; 6. Ability to serve individuals with disabilities. B. Services shall be delivered in accordance with the State of Washington Aging and Disabilities 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. ANTICIPATED SERVICE LEVELS AND EXPENDrWRE RATES The Contractor agrees that: ALTCCOG 2017-23 A. The levels of service to be provided shall be as described in the Payment Provisions: Section IV — Units of Service of this Agreement. Failure to meet the service levels as defined in the Payment Provisions: Section IV — Units of Service 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 a 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. 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. B. Records and Reports: The Contractor agrees to: 1. Maintain program records and reports, including statistical information, and to make such records available for inspection by SE WA ALTC COG in order for SE WA ALTO 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 Administrative 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 quarterly service reports to SE WA ALTC COG by the end of the month following the end of each quarter; 3. Submit an agreed upon monthly service unit report by the tenth day of each month. Contract payment requests will not be processed until service unit reporting is complete. Contractor shall attach the report to the invoice submission to verify service recording is complete. a. The following information shall be collected. In the event that information cannot be obtained, Contractor shall notify SE WA ALTC COG. i. Full name including first, middle initial and last ii. Street and mailing address (if different) iii. Home telephone number including the area code iv. Units of Service for Current Month v. Gender vi. Date of Birth vii. Urban/rural viii. Race and Ethnicity ix. Primary language spoken x. Household composition (lives alone) A. Yes or No — is household income at or below 100% Federal Poverty Level 4. Submit the Quarterly financial report upon request to SE WA ALTC COG by the end of the month following the end of each quarter; ALTCCOG 2017-23 5. 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. C. Contractors Meeting: The Contractor agrees to have a representative attend meetings of the SE WA ALTC COG Contractor's meeting and the Long Term Care Planning Committees. D. Program Publication: The Contractor agrees that: 1. The program shall be publicized on a regular basis, with all publicity and printed material identifying the SE WA ATLC COG 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: The 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 disability. 3. Materials publicizing the program must be printed in other appropriate languages in counties that have a specific minority 60+ population of three (3%) percent or more of the general 60+ population. E. 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. F. Private Pay: The Contractor, who offers to the general public on a private pay basis a service comparable to the service described in this Agreement, must assure that 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. G. 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. H. 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; ALTCCOG 2017-23 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 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. I. 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 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. J. 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. ALTCCOG 2017-23 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). 3. The Contractor shall ensure disks and/or documents generated in printed form from the electronic file are properly returned, destroyed or shredded when no longer needed. Unauthorized individuals cannot have access to client information. Data destroyed shall include all copies of any data sets in possession after the data has been used for the purpose specified herein or within 30 days of the date of termination, and certify such destruction to SE WA ALTC COG. SE WA ALTC COG shall be responsible for destroying the returned documents to ensure confidentiality is maintained. The Data provided by SE WA ALTC COG will remain the property of SE WA ALTCCOG 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. K. Emerged 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. ALTCCOG 10/7-23 L. 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 SE WA ALTC COG 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. MANDATED REPORTING: All employees of the contractor are mandatory reporters of abuse and neglect of vulnerable adults and children as required under RCW 74.34.035 and RCW 26.44.030. The contractor must immediately report all suspected incidents to the appropriate protective services and shall not impede or interfere with any DSHS or law enforcement investigation. Employees shall not be discouraged from reporting suspected incidents by any other contractor or employee. Suspected incidents that must be reported are defined in RCW 26.44.020 and 74.34.035 and include: 1. Physical abuse 2. Sexual abuse 3. Mental/emotional abuse 4. Neglect by others 5. Self-neglect 6. Exploitation including financial 7. Abandonment M. CRIMINAL HISTORY[BACKGROUND CHECKS The Contractor agrees to undergo a criminal history background check conducted by SE WA ALTC COG every two years, and as required by RCW 43.20A.710. RCW 43.43.830 through 43.43.842, and WAC 388-06. If the Contractor has employees or volunteers who will have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor must conduct and maintain documentation of criminal history background checks being completed every two years on those employees or volunteers. ALTCCOG 2017-23 PAYMENT PROVISIONS Payment shall be based on claims for reimbursement as reported on the SE WA ALTC COG 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. The 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; 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 3. Claims for reimbursement are inconsistent with the terms and conditions of this Agreement. 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. ALTCCOG 1017-13 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. III BILLING PROCEDURES A. The Contractor shall submit written claims for reimbursement of contracted activities provided on the appropriate forms. All payments will be based on contracted activities provided unless otherwise approved in writing by SE WA ALTC COG. B. SE WA ALTC COG agrees to make payment for contracted activities provided as approved by SE WA ALTC COG with warrants within thirty (30) working days. This is contingent upon the availability of funds and receipt of the Contractor's claims for reimbursement 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. IV. UNITS OF SERVICE A. Definition: A unit of Geriatric Preventative Foot Care service shall consist of one (1) foot care treatment. B. Minimum Anticipated Service Level by Contract: County Units Franklin County 643 Burbank, Walla Walla County 80 V. PAYMENT CONSIDERATIONS As consideration for services, as described in the Specific Provisions of this Agreement, SE WA ALTO COG agrees to pay the Contractor a sum not to exceed $18,492 from available funds. Of this total sum, $2,052 is for footcare services in Burbank, Walla Walla County. This total sum shall be available during the period January 1, 2017 through December 31, 2017. These funds shall be used to provide Geriatric Preventive Foot Care services. Payment to the Contractor for this unit rate price Agreement shall be based on the unit rate of $25.57 per unit of footcare services less client donations. 10