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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: February 14,2005
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
THE COUNTY OF SAN BERNARDINO TO
ADMINISTER A CONTINUATION PROGRAM
FROM THE STATE OF CALIFORNIA
COMMUNITY BASED SERVICES PROGRAM
(CBSP) IN THE AMOUNT OF $24,326.00 FOR
THE PERIOD OF JULY 1, 2004 THROUGH
JUNE 30, 2005.
MICC Meeting Date: March 7, 2005
From: Lemuel P. Randolph, Director
Dept: Parks, Recreation &
Community Services Dept.
Synopsis of Previous Council Action:
February 17,2004 - Mayor and Common Council approved Resolution No. 2004-56 authorizing
the execution of a contract with the County of San Bernardino to administer a program
continuation grant from the State of California Community Based Services Program (CBSP)
funds in the amount of $24,326 for the period of July 1,2003 through June 30, 2004.
The Mayor and Common Council has approved application and administration of State CBSP
funds for the administration of the Senior Companion Program since 1998.
Recommended Motion:
Adopt Resolution
4~
/ Signature
Contact person: Lemuel P. Randolph
Phone: 5030
Supporting data attached: <lBffrepnrt re.n hlld~t & onntrAct Ward: City-wide
FUNDING REQUIREMENTS: Amount: $24,326 (Non-City funds)
Source: (Acct. No.)
(At'ct n""scription)
Finance:
Council Notes: ~ .~~oo5"-S7
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Agenda Item No. -1 S
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution
of an agreement with the County of San Bernardino to administer a continuation program from the State
of California Community Based Services Program (CBSP) in the amount of $24,326.00 for the period of
July 1, 2004 through June 30, 2005.
Background:
The Senior Companion Program is one in which low-income seniors, 60+ years old, serve as
companions for frail elderly, and isolated or disabled adults to assist them to remain in their own homes,
thus preventing or delaying costly institutionalization. They volunteer 20 hours per week, serving 4 to 5
clients each week. Besides companionship, they may serve these adults through grocery shopping,
preparing a light meal, reading, writing, providing transportation to medical appointments and giving
respite to family caregivers.
These volunteers (Senior Companions) who must meet the federal low-income requirements receive a
non-taxable hourly "stipend", plus reimbursement for lunches and some transportation expenses.
This program is currently supported through four (4) funding sources: CNCS Federal Grant, Title III-B
State Grant, service area cities' CDBG funding and in-kind City general fund.
Additional funds, through the California Community Based Services Program funds in the amount of
$24,326 have recently been made available for our program's use. These funds will be used to
supplement the four (4) funding sources of SCPo They will be used specifically to add two (2)
Companions for. the San Bernardino mountain areas, cover some administrative costs, purchase
equipment and fund a volunteer recognition event.
Currently, there are sixteen (16) Companions in the San Bernardino mountain areas including Morongo
Basin and Victor Valley and this agreement will allow our department to provide stipends for two (2)
additional Companions for this service area. These support areas must be served in order for the City of
San Bernardino to receive federal funds for the Senior Companion Program.
The Department of Aging and Adult Services of San Bernardino County did not receive the allocation of
these funds until December of 2004. However, the federal guidelines require these funds to be expended
by June 30, 2005.
It is recommended that this request be approved in order to make maximum use of this $24,326.00.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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to)~Y
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO TO ADMINISTER A
CONTINUATION PROGRAM FROM THE STATE OF CALIFORNIA COMMUNITY
BASED SERVICES PROGRAM (CBSP) IN THE AMOUNT OF $24,326.00 FOR THE
PERIOD OF JULY 1,2004 THROUGH JUNE 30, 2005.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino authorize
the execution of an Agreement with the County of San Bernardino to assist the Senior
Companion Program in providing services to senior citizens with funds in the amount of
$24,436 for the period ofJuly 1,2004 through June 30, 2005. A copy of said agreement is
attached hereto as A TT ACHMENT "A" and incorporated herein by reference in its entirety.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the Agreement is not executed by both parties and returned to the office of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING rHE EXECUTION OF AN AGREEMENT
WITH THE COUNTY OF SAN BERNARDINO TO ADMINISTER A
CONTINUATION PROGRAM FROM THE STATE OF CALIFORNIA COMMUNITY
BASED SERVICES PROGRAM (CBSP) IN tHE AMOUNT OF $24,326.00 FOR THE
PERIOD OF JULY 1, 2004 THROUGH JUNE 30, 2005.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof, held
on the day of , 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
o 15 JOHNSON
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MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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. THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
wrtment of Aging and Adult Services, hereinafter called the County, and
Name
City of San Bernardino
Address
600 W. Fifth Street
San Bernardino, CA 92410
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ATTACHMENT A
P.O.'
hereinafter called
"Contractor"
Phone
909-384-5413
Federal 10 No. or Social Security No.
956000772
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, The County, acting as the Area Agency on Aging, through its representative, the Department of Aging and
Adult Services, desires to provide services to seniors to improve or maintain choice, independence, and quality of life:
and
WHEREAS, County has been allocated state and/or federal funds by the Califomia Department of Aging to provide
services to seniors; and
OREAS, County finds Contractor qualified to provide services to seniors; and
WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these
services as set forth below;
NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions:
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I. CONTRACTOR SERVICE RESPONSIBILITIES
A
Contractor shall provide, in a satisfactory and proper manner, as determined by the County, the
services defined and set forth in Exhibit A attached hereto and incorporated by these references
into this Contract, based upon the services ordered by County staff.
Contractor shall provide all necessary qualified personn~Jor performance, of services under this
Contract.
Contractor shall record services and submit reports as required by the State of California and
County, enumerating all services authorized and delivered to clients. Contractor shall make
available to the County all records as necessary to conduct thorough and comprehensive contract
monitoring and auditing, and to conduct evaluation concerning the Contractor and program as
appropriate under terms of this Contract.
Contractor is expected to maintain an ongoing cooperation between a client's other service
providers, if any, and the County staff; and to supply information to and utilize information received
from the County staff regarding referred clients.
B.
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Contractor agrees to participate in appropriate employee and vendor training and development
provided by the Department of Aging and Adult Services ("OMS") and the Califomia Department
of Aging ("CDA").
For Multipurpose Senior Services Program (MSSP) contracts: Contractor is required to complete.
the CDA vendor application that will be provided to the Contractor by OMS.
CONTRACTOR GENERAL RESPONSIBILITIES
A. In the perlormance of this Contract, Contractor, its agents and employees, shaD act in an independent
capacity and not as officers, employees, or agents of the County of San Bernardino.
Contractor agrees to provide or has already provided information on former County of San Bemardino
administrative offICials (as defined below) who are employed by or represent Contractor. The
information provided includes a list of former County administrative offICials who terminated County
employment within the last five years and who are now Officers, principals, partners, associates or
members of the business. The information also includes the employment with or representation of
Contractor. For purposes of this provision, "County administrative official" is defined as a member of the
Board of SUpervisors or such officer's staff, County Administrative Officer or member of such officer's
staff, County department or group head, assistant department or group head, or any employee in the
Exempt Group, Management Unit or Safety Management Unit.
If during the course of the administration of this Contract, the County determines that the Contractor
has made a material misstatement or misrepresentation or that materially inaccurate information has
been provided to the County, this Contract may be immediately terminated. If this Contract is
terminated according to this provision, the County is entitled to pursue any available legal remedies.
D. . Without the prior written consent of County, this Contract is not assignable by Contractor either in whole
or in part.
Contractor agrees to obtain the written approval from the Director of OMS prior to entering into any
subcontract for work contemplated under this Contract. Contractor shall be fully responsible for the
perlQrmance of any subcontractor, including but not limited to insuring the availability and retention of
records, and subcontractor shall be subject to the provisions of this Contract. A copy of any executed
subcontract must be forwarded to OMS within thirty (30) da~, before the start date of the subcontract.
Contractor will maintain all records and books pertaining to the delivery of services under this Contract
and demonstrate accountability for contract perlormance. County, or its designee, shall have the right
upon reasonable notice and at reasonable hours of business to examine and inspect such records and
books. Records, should include, but are not limited to monthly summary sheets, sign-in sheets, and
other primary source documents. Fiscal records shall be kept in accordance with' Generally Accepted
Accounting Principles and must account for all funds, tangible assets, revenue and expenditures.
Fiscal records must also comply- with the appropriate Office of Management and Budget (OMB)
Circulars, which state the administrative requirements, cost principles and other standards for
accountancy.
G., All records shall be complete and current and comply with all Contract requirements. Failure to maintain
acceptable records per the preceding requirements shall be considered grounds for withholding of
payments for billings submitted and for termination of the Contract.
All budget changes within major categories, such as Salaries and Benefits, Equipment, Modes of
Service or Other Costs exceeding 10% of the approved budget, for that major category, represents a
departure from the approved project plans and require OMS' approval. Budget modification requests
will be made to OMS in the form of a written justification outlining specific shifts of funds that will be
made. .
Contractor shall notify County of any continuing vacancies and any positions that become vacant
during the term of. this Contract that will result in reduction of services to be provided under this
B.
c.
F.
H.
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Contrad. Upon notice of vacancies, the Contractor win apprise County of the steps being taken to
provide the services and to fill the position as expeditiously as possible. Vacancies and associated
problems shall be reported to County on each periodically required report for the duration of said
vacancies and/or problems.
Contractor shall require all persons, induding but not limited to its officers, agents, employees, .
volunteers and any subcontractor directly or indiredly involved in administration of services provided '
under this Contract to comply with the provisions of sections 15633, 15633.5, and 10850 of the Welfare
and Institutions rw & r) Code and Division 19-000 of the Department of Social Services Manual of
Policies and Procedures to assure that:
1. All applications and records concerning any individual made or kept by any public officer, public
agency, or Contractor with the administration of any proviSion of the W & I Code relating to any
forms of public social services provided under this Contract will be confidential and will not be
open to examination for any purpose not directly connected with the administration,
performance, compliance, monitoring or auditing of such services.
2. No person will pubfish. disclose, use permit or cause to be published, disclosed. or used, any
confidential information pertaining to any applicant or recipient of services under this Contract.
Contractor agrees to inform all persons directly or indirectly involved in administration of
services provided under this Contract of the above provisions and that any person deliberately
violating these provisions is guilty of a misdemeanor.
Contractor shall obtain from the Department of Justice records of all convictions involving any sex
crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers,
for all positions in which he or she would have contact with a minor, the aged, the blind, the
disabled or a domestic violence client, as provided for in Penal Code section 11105.3. This
includes licensed personnel who are not able to provide documentation of prior Department of
Justice clearance. A copy of a license from the State of California is sufficient proof.
Contractor shall notify County of any staff member, paid, intern, or volunteer, who is knowingly or
negligently employed who has been convicted of any crime of violence or of any sexual crime.
Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has
been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify
the County. At the County's discretion, the County may instruct Contractor to take action to either
denylterminate employment or denylterminate internship' and/or volunteer services where the
investigation shows that the underlying conduct renders the person unsuitable for employment,
internship, or volunteer services.
Contractor shall immediately notify Human Services System (HSS) concerning the arrest and/or
conviction, for other than minor traffic offenses. of any paid employee, agent, consultant, intern or
volunteer staff, when Contractor knows such information.
Contractor shall make every reasonable effort to prevent employees, consultants or members of
its governing bodies from using their positions for purposes that are, or give the appearance of
being motivated by a desire for private gain for themselves or others, such as those with whom
they have family, business, or other ties. In the event County determines a conflict of interest
exists, County may disallow any increase in costs associated with the conflict of interest and such
conflict may constitute grounds for termination of the Contract. This provision shall not be
construed to prohibit employment of persons with whom Contractor's officers, agents, or
employees have family, business or other ties so long as the employment of such persons does
not result in increased costs over those associated with the employment of any other equally
qualified applicants and such persons have successfully competed for employment with other
applicants on a merit basis.
Contractor agrees to and shall comply with the following indemnification and insurance
requirements:
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IndemnifICation - The Contractor agrees to indemnify, defend, and hold harmless the County -
and its authorized officers, employees, agents and volunteers from any and aU claims, actions,
losses, damages, and/or liability arising out of this Contract from any cause whatsoever,
including the acts, errors or omissions of any person and for any costs or expenses incurred by
the County on account of any claim therefore, except where such indemnification is prohibited .
bylaw.
Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto,
the Contractor shall secure and maintain throughout the term of the Contract the following types
of insurance with minimum limits as shown:
a. Worker's Compensation - A program of Wo/1(ers' Compensation insurance or a State-
approved Self Insurance Program in amount or form to meet aU applicable- requirements
of the labor Code of the State of Califomia, including Employer's Uability with $250,000
limits, covering all persons providing services on behalf of Contractor and all risks to
such persons under this Contract.
b. Comprehensive General and Automobile liability Insurance - This coverage to include
contractual coverage and automobile liability coverage of owned, hired and non-owned
vehicles. The policy shall have combined single Omits for bodily injury and property
damage of not less than one mURon dollars ($1,000,000). If Contractor provides
transportation to one or more client at any time, the automobile liability insurance policy
shall have combined single limits for bodily injury and property damage of not less than
two million dollars ($2,000,000.00).
c. Errors and Omissions Uability Insurance - Combined single limits of $1,000,000 for
bodily injury and property damage and $3,000,000 in the aggregate or
d. Professional Uability - Professional liability insurance with limits of at least $1,000,000
per claim or occurrence.
Additional Named Insured' - All policies, except for Wor1(ers' Compensation, Errors and
Omissions and Professional liability policies, shall contain additional endorsements naming the
County and its officers, employees, agents and volunteers as additional named insured with
respect to liabilities arising out of the performance of services hereunder.
Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional
liability, Contractor shall require the carriers of the above-required coverage to waive all rights
of subrogation against the County, its OffICers, employees, agents, volunteers, contractors and
subcontractors.
Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
County.
Proof of Coverage - Contractor shall immediately furnish certificates of insurance evidencing the
insurance coverage, including endorsements to:
County of San Beniardino
c/o Insurance Compliance
686 East Mill Street
San Bemardino, CA 92415-0640
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3.
4.
5.
6.
prior to the commencement of performance of services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire without thirty (30) days written
notice to the County, and Contractor shall maintain such insurance from the time Contractor
commences performance of services hereunder until the completion of such services. Within
sixty (60) days of the commencement of this Contract, the Contractor shall fumish certified
copies of the policies and all endorsements.
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O. Contractor agrees to and shall comply with the Elder and Dependent Adult Abuse
Reporting laws:
Contractor will ensure that all known or suspected instances of elder or dependent adult
abuse are reported to OMS Adult Protective Services.
In accordance with W & I Code section 15630, employees of the Contractor and its
subcontractors may be mandated reporters of elder and dependent adult abuse.
Contractor assures all employees, agents, consultants or volunteers who perform services
under this Contract and are mandated to report elder and dependent adult abuse will sign
a statement, upon the commencement of their employment, acknowledging their reporting
requirements and their compliance with them.
Mandated reporters are required to report all instances of known or suspected abuse of the
elderly and dependent adults by telephone immediately or as soon as practically possible,
under the following circumstances:
a. When the mandated reporter has observed or has knowledge of an incident that
reasonably appears to be physical abuse, abandonment, isolation, financial abuse,
or neglect; or
b. When the mandated reporter is told by an elder or dependent adult that he or she
has experienced behavior constituting physical abuse, abandonment, isolation,
financial abuse, or neglect;
c. A written "Report of Suspected Dependent Adult/Elder Abuse" (SOC 341) must be
submitted within two (2) working days of making the telephone report to the
responsible agency, as defined below in paragraph 4.
Incidents of elder and dependent adult abuse must be reported to the correct agency as
follows:
a. If the abuse has occurred in a long term care facility, except a state mental hospital
or state developmental center, the report shall be made to the local Long term Care
Ombudsman or local law enfo,rcement;
b. If the abuse has occurred in a state mental hospital or state developmental center,
the report shall be made to the designated investigators of the State Department of
Mental Health or the State Department of Developmental services or to the local law
enforcement;
c. If the abuse occurred anywhere other than a long-term care facility or state mental
hospital or state developmental center, the report shall be made to Adult Protective
Services or local law enforcement.
5. Under the terms of this Contract, as changes in the Elder andJ!ependent Adult. Reporting
Laws are enacted, the Contractor is bound to comply with the most current regulations.
P. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or
regulations relating to its duties, obligations and performance under the terms of the Contract and shall
procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all
required licenses during the term of this Contract. Failure to comply with the provisions of this section
may result in immediate termination of this Contract.
a. Contractor shall comply with all applicable local health and safety clearances, including fire clearances,
for each site where services are provided under the terms of this Contract.
1.
2.
3.
- 4.
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Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program
and Civil Rights Compliance requirements:
1. Equal Employment Opportunity Program: The Contractor agrees to comply with the
provisions of the Equal Employment Opportunity Program of the County of San Bernardino
and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended .
by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of .
1964 (and Division 21 of the Califomia Department of Social Services Manual of Polices
and Procedures and California Welfare and Institutions Code, Section 10000), the
California Fair Employment and Housing Act, and other applicable Federal, State, and
County laws, regulations and policies relating to equal employment or social services to
welfare recipients, including laws and regulations hereafter enacted.
The Contractor shall not unlawfully discriminate against any employee, applicant for
employment, or service recipient on the basis of race, color, national origin or ancestry,
religion, sex, marital status, age, political affiliation or disability. Information on the above
rules and regulations may be obtained from County HSS Contract Administration.
2. Civil Rights Compliance: The Contractor shall develop and maintain internal policies and
procedures to assure compliance with each factor outlined by state regulation. These
policies must be developed into a Civil Rights Plan, which is to be on file with County HSS
Contract Administration within 30 days of awarding of the contract. The Plan must address
prohibition of discriminatory practices, accessibility, language services, staff development
and training, dissemination of information, complaints of discrimination, compliance review,
and duties of the Civil Rights Liaison. Upon request, HSS shall supply a sample of the
Plan format. The Contractor shall be monitored by HSS for compliance with provisions of
its Civil Rights Plan.
Contractor shall not offer (either directly or through an intermediary) any improper consideration
such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any
items of value to any office, employee or agent of the County in an attempt to secure favorable
treatment regarding this Contract.
The County, by written notice, may immedIately terminate any contract if it determines that any
improper consideration as described in .the preceding paragraph was offered to any officer,
employee or agent of the County with respect to the proposal and award process. This prohibition
shall apply to any agreement, extension or evaluation process once a Contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit
(either directly or through an intermediary) improper consideration from Contractor. The report
shall be made to the supervisor or manager charged with supervision of the employee or to the
County Administrative Office. In the event of a termination of the Contract under this provision, the
County is entitled to pursue any available legalremedies.
Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA).
Contractor will observe the mandatory standards and policies relating to energy efficiency in the State
Energy Conservation Plan (Title 20, Chapter 4, California Code of Regulations).
Contractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of
this Contract. Recycled printed products shall include a symbol identifying the recycled material.
Contractor understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the County shall be the Contractor's sole expense and shall not
be charged as a cost under this Contract. In the event of any contract dispute hereunder, each
party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the
outcome of the dispute.
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IV. PAYMENT SCHEDULE AND METHOD
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A.
The maximum amount of payment under this Contract shall not exceed the total contract amount set
forth on the attached Purchase Order as authorized by the County's Purchasing Department. and shall
be subject to the availability of funds to the County. The County is under no obligation to make any.
referrals for the purpose of services during the lifetime of this Contract.
Upon receipt of an approved invoice, the County shaD pay the Contractor for services authorized the
previous month. The completed invoice is to be received by the 5th wor1<ing day of the month. Under
nonnal conditions, Contractor should expect payment approximately twenty-one (21) days after
submission of a correctly prepared invoice. Monthly invoices shall not be greater than one-twelfth
(1/12) of the total annual contract amount.
B.
C.
OMS representative shall not approve any request for payment of funds until Contractor has filed
properly completed reports required under this Contract. Contractor shall ensure that all
expenditures are supported by properly executed payroll time records. invoices, contracts,
vouchers, orders and any other accounting documents pertaining in whole or in part to this
Contract. Such documents shall be clearly identified and readily accessible to OMS staff, as may
be required.
O.
Contractor must return any unspent funds with submittal of revised year-end Financial Closeout
Report. or based on the results of an independent audit.
OMS reserves the right to refuse payment to Contractor or later disallow costs for any
expenditure deteonined by OMS to be non-compliant with any provision of this Contract, or
inappropriate to such activities, or for which there is inadequate supporting documentation
presented. or for which prior approval is required by not granted
OMS shall pay Contractor only for services ordered by authorized OMS staff. The Contractor
agrees that reimbursement for each service furnished under this Contract made in accordance
with the rates stipulated herein. represents payment in full for said service. The Contractor shall
not seek reimbursement from OMS for any services reimbursed in whole or in part by any other
payor. Whenever Contractor is not in compliance with any provision of this Contract, OMS may
withhold payment of any invoice submitted to OMS by 'Contractor until such time as suitable
documentation is submitted to OMS.
Contractor is to provide the requested services in accordance with the time lines set by OMS.
Where the Contractor does not provide a definite date to commence providing the ordered
services within five (5) working days of service start-up as specified by OMS, the request for
service becomes automatically void and OMS will have no obligation to pay for any services
provided under such request for services.
If Contractor cannot provide authorized services to a. specific client, or feels the authorized
services are not appropriate. Contractor shall notify OMS staff within three (3) working days of
receipt of request for services.
When Contractor fails to provide an authorized service to a client and the client incurs costs (e.g.
fees for a doctor appointment) Contractor will be responsible for said costs.
Costs for services under the teons of this Contract will be incurred during the teon of the Contract
except as approved by County. County will not use current year funds to pay prior or future year
obligations.
Upon written demonstration of need by Contractor and at the option of the County. 10% of the
total annual Contract funds may be advanced to Contractor by County upon approval of the
Assistant County Administrator for the Human Services System. Any such advance will cause the
amounts payable to Contractor to be reduced to the amount deteonined by dividing the balance
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left by the number of months remaining In the Contract term. The amount of the advance is
limited to one-twelfth of the maximum amount of payment under this Contract.
O. L. Funds made available under this Contract shall not supplant any federal, state or any
governmental funds intended for services of the same nature ,as this Contract. Contractor shall not
claim reimbursement or payment from County for, or apply sums received from County with
respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or
indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue
source without prior written approval of the County.
M. For any Contract where OMS is the case manager, it is understood that the implementation of
services is dependent upon care plans developed by OMS for OMS clients, and ordered from
the Contractor.
N. In the event the Contract utilizes Community Development Block Grants ("CDBG") funds: 'Cash
Match" refers to cash, other than program income. contributed to the project from local or state
funds. With the exception of CDBG, federal funds cannot be used as cash match.
O. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting
from this Contract however designated, levied or imposed, unless County would otherwise be
liable for the payment of such taxes in the course of its normal business operations.
P. The Contractor, by signing this Contract, hereby certifies to the best of his or her knowledge and
belief, that:
1. No federal appropriated funds have been paid or will 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
O. employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempti..,g 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 contract, grant, loan or cooperative agreement.
the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
VI. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services
provided under this Contract.
B. County or any subdivision or appointee thereof, and the State of Califomia or any subdivision or
appointee thereof, including the Auditor General, shall have absolute right to review and audit all
records, books, papers, documents, corporate minutes, and other pertinent items as requested, and
shall have absolute right to monitor the performance of Contractor in the delivery of services provided
under this Contract. Contractor shall give full cooperation in any auditing or monitoring conducted.
C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this
Contrad and comply with any and all reporting requirements established by this Contract.
O. D. All records pertaining to service delivery and all fiscal, statistical and management books and records
shall be available for examination and audit by County, Federal and State representatives for a period
of three years after final payment under the Contract or until all pending County, State and Federal
audits are completed, whichever is later. Records of the Contractor, which do not pertain to the services
under this Contrad, shall not be subject to review or audit unless provided in this or another Contrad.
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Technical program data shall be retained locally and made available upon the County's reasonable
advance written notice or tumedover to County. If said records are not made available at the
scheduled monitoring visit Contractor may, at County's option, be required to reimburse County for
expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not
exceed $50 per hour (including travel time) and be deducted from the following month's claim for'
reimbursement.
Contractor shall provide all reasonable facilities and assistance for the safety and convenience of
County's representative in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work of the Contractor.
CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES
A. Correction of Performance Deficiencies
1. Failure by Contractor to comply with any of the proVISIOns, covenants. requirements or
conditions of this Contract shall be a material breach of this Contract.
2. In the event of a non-cured breach, County may, at its sole discretion and in addition to
immediate tennination and any other remedies available at law, in equity, or otherwise specified
in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period
shall be established at sole discretion of County; and/or
b. Discontinue reimbursement to Contractor for and during the period in which
Contractor is in breach, which reimbursement shall not be entitled to later recovery;
and/or
c. Withhold funds pending duration of the breach; and/or
d. Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to Item "2" of this paragraph; and/or
e. Impose liquidated damages that will reduce the total reimbursable amount of the
Contract by the amount(s) Ievled and not claimable by Contractor. This remedy shall
only be used when reasonable efforts to correct a perfonnance or violation deficiency
have failed to correct the problem, or in ci~mstances of unacceptable or negligent
perfonnance of Contractor as determined by County. There is no limit to the number of
adjustments County may levy per each instance.
f. Terminate this Contract and be relieved of the payment of any consideration to
Contractor should Contractor fail to perfonn the covenants herein contained at the time
and in the manner herein provided. In event of such tennination, the County may
proceed with the work in any manner deemed proper by the County. The cost to the
County shall be deducted from any sum due to the Contractor under this--€ontract and
the Contractor upon demand, if any, shall pay the balance.
B. Appeal Procedures
If Contractor disagrees with any decision or action taken by the County or OMS related to this
Contract, Contractor may choose to file a fonnal grievance by following the procedures below:
1. The Contractor shall file a fonnal written grievance with the Director of OMS within fifteen (15)
business days after the Contractor is aware of the factors or conditions precipitating the contract
dispute. The written grievance shall set forth the subject of the grievance, identify the specific
clause in dispute and shall provide a detailed statement of the grievance. induding dates.
names, places, and the specific remedy or action requested. The filing address is 686 East Mill
Street, San Bernardino. California, 92415.0040. The Director of OMS shall provide a Written
response to Contractor within fifteen (15) business days of receipt of the grievance.
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If Contractor is not satisfied with the Director of OMS' response, Contractor may file a written
grievance appeal, which shaH include a statement by the Contrador as to why the Director of
OMS' response is not satisfactory, to the Assistant County Administrator of the Human
Services System f'Assistant County Administrator") within fifteen (15) business days of ~
of the Director of OMS' response. The filing address is 385 North Arrowhead Avenue, Fifth.
Floor, San Bernardino, California, 92415-0128. The Assistant County Administrator shat .
provide a written response to Contrador within fifteen (15) business days. The Assistant County
Administrator shaH have final authority for the decision on the grievance except as provided in
the paragraph below.
For those appeals that involve CDA programmatic policies and directives issued to the County
and contained within this Contract, this paragraph shan apply. If Contrador is not satisfied with
the Assistant County Administrator's decision, the written grievance may be registered in writing
with the COA, Case Management Branch, 1600 "K" Street, Sacramento, California, 95814,
within fifteen (15) business days following receipt of the Assistant County Administrator's
decision. Contractor shall submit to CDA the original written grievance along with a copy of the
Diredor of OAAS' written response, the Contractor's appeal to the Assistant County
Administrator, and the Assistant County AdministratolS' decision. COA shaH have final authority
for the decision on the grievance.
3.
TERM
A.
This Contract is effective as of July 1, 2004 and expires June 30, 2005. but may be terminated earlier in
accordance with provisions of Article IX of the Contract.
This Contract is of no force or effect until signed by both parties hereto. The Contractor shall not
commence performance until such approval has been obtained; failure to obtain such approval
, may result in non-payment for the performance of those services.
EARLY TERMINATION
A. The County may terminate the Contract immediately under the provisions of Section VII of the Contract.
In addition, the County may terminate the Contract without cause by serving a written notice to the
Contractor thirty (30) days in advance of termination. The Assistant County Administrator - Human
Services System is authorized to exercise the County's rights with respect to any termination of this
Contract. '.
Contractor will only be reimbursed for costs and uncancelable obligations incurred prior to the date of
termination. Contractor will not be reimbursed for costs incurred after the date of termination.
B.
B,
GENERAL PROVISIONS
A. When notices are required to be given pUlSuant to this Contract, the notices shall be in writing and
mailed to the following res~ive addresses listed below.
Contractor: City of San Bernardino
600 W. 511 Street
San Bernardino, CA 92410
County:
County of San Bernardino - Human Services System
AUn: Mary L. Sawicki
686 East Mill Street
San Bernardino, CA 9241~515
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B.
Nothing contained in this Contract shall be construed as creating a joint venture, partnership or
employment anangement between the parties hereto, nor shaD either party have the right, power or
authority to create an obligation or duty, expressed or implied, on behalf of the party hereto.
County shall have Power of Attomey to pay delinquent debts and unpaid wages for work provided
under this Contract from accounts payable to Contractor in the event debts and wages have not been .
paid on a current basis. '
No waiver of any of the provisions of the Contract shall be effective unless it is made in writing,
and refers to the provisions so waived and is executed by the parties. No course of dealing and no
delay or failure of a party in exercising any right under the Contract shall affect any other or future
exercise of that right or any exercise of any other right. A party shall not be precluded from
exercising a right by its having partially exercised that right or its having previously abandoned or
discontinued steps to enforce that right.
Any alterations, variations, modifications, or waivers of provisions of the Contract, unless
specifically allowed in the Contract, shall be valid only when they have been reduced to writing,
duly signed and approved by the Authorized Representatives of both parties as an amendment to
this Contract. No oral understanding or agreement not incorporated herein shall be binding on any
of the Parties hereto.
If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or
contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable
(giving effect to the intention of the parties) and the remaining provisions of the Contract shall not be
affected.
This Contract shall be governed by and construed in all aspects in accordance with the laws of the
State of Califomia without regard to principles of conflicts of laws. The parties agree to the exdusive
jurisdiction of the federal and state courts located in the County of San Bemardino, for any and all
disputes arising under this Contract, to the exdusion of all other federal and state courts.
C.
D.
E.
F.
G.
XI. Conclusion
COUNTY OF SAN BERNARDINO
"CHASING DEPARTMENT
By:
A. This Contract, consisting of 11 pages and Exhibit A - Scope of Work, Exhibit B - Budget Display,
Exhibit C - Vendor Complaint Form, and Exhibit D- Information Sheet, is the full and complete
document describing services to be rendered by Contractor to County including all covenants,
conditions and benefits.
B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this document.
C. This Contract shatrbecome effective upon execution by both parties.
D. This Contract may be executed in counterparts. When executed, each counterpart shall be
deemed an original irrespective of date of execution. Said counterparts shall together constitute
one and the same Contract.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year
written below by the County of San Bernardino PurChasing Department.
CONTRACTOR
By:
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MICHAEllOllER
Deputy Purchasing Agent
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Exhibit A
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City of Sail Bernardino
Senior Companion Program
WORK PLAN
FY 2004 - 2005
This work plan C()ntains the measurable objectives mandated by OMS of the service provider. The
work plan specifies and establishes time frames either on an annual basis or, where required by state
regulations, on a quarterly basis. The work plan constitutes the primary document for ongoing
monitoring, Annual Program Performance ReviewIFiscal Audit and will be used to measure the
provider's efforts toward providing quality Senior Companion Services.
I. Scope of Work
A. Geographic Area/Clientele and Eligibility Criteria
1. The geographic area served by this provider covers the Morongo Basin,
Victor Valley and San Bernardino Mountain areas.
2. The dients served by this program are the Senior Companion volunteers,
and by this agreement, consist of seniors 60 and over.
B. Program Description
1.
Purpose: To engage low-income persons 60 and older in volunteer
service to meet critical community needs and to provide a high quality
experience that will enrich the lives of the volunteers.
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2. Definition: Senior Companions provide assistance to adults with physical,
emotional, or mental health limitations, most of whom are elderly. These
cUents have difficulties with daily living ,tasks and Senior Companions help
them retain their dignity and independence by assisting with such services
as companionship, meal preparation, paying bills, buying groceries and
finding transportation to medical appointments. Senior Companions serve
an average of twenty hours a week and receive hourly stipends.
3. Policies and Guidelines: The Senior Companion Program is to adhere to
all policies and guidelines set forth by: 1) the Corporation for National anL
Community Service (CNCS), which may be communicated and
transmitted through California . Department of Aging (CDA) Program
Memos and 2) The Senior Companion Program Operations handbook
issued by the National Senior Service Corps.
C. Intended Outcomes
1. Provide 6,624 hours of Senior Companion services annually to seniors
who are not eligible for these programs from any other resource.
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2. Senior Companion services must be provided to at least 40 unduplicated
seniors, of which 4 are to be minority low-income seniors.
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II.
Service Delivery Activities
A. Staffing
1. Sufficient personnel shall be available to carry out the needs of the
program. This includes a Director and additional personnel as determined
by the size of the service area and the method and level of service
provision needed to fully comply with the terms of this work plan and
agreement.
2. Recruitment and staffing of participants in the Senior Companion Program
must be in accordance to the guidelines set forth in the Senior Companion
Program Operations Handbook.
B. Volunteer Staff
1. Volunteers, in this sense, are individuals who work without pay in the
performance of essential duties to conduct the program.
2. Volunteers shall not replace paid personnel.
C. Targeting
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1.
Seniors who are socially and/or economically needy and who are not
eligible for services from any other source will be given priority for
services.
Further, individuals referred by OMS staff shall be given first priority for services
under this agreement. .
Definitions: Economically Needy: Seniors whose income is at or below the
SSIISSP level.
Socially Needy: Seniors who have at least two of the following characteristics:
Disabled, language/Communication Barrier, lives Alone, Age 75+.
D. Training Activities
1.
Training will be provided to Senior Companions Volunteers according to
the Senior Companion Program Operations Handbook, which includes,
but not limited to, not less than 40 hours Of orientation and training to
Senior Companions, of which 20 hours must be pre-service orientation,
and an average of four hours monthly of in-service training. In addition,
annually evaluate paid staff performance to determine hislher
effectiveness, skill development and understanding of tasks they are
assigned. Documentation of training shall be kept on file at the provider's
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main office for review by OMS during program monitoring to be
scheduled and conducted by OMS.
E.
Travel
1. Transportation assistance for Companions may, be considered, as
specified in the Senior Companion Program Operations Handbook, for
travel between individual assignments, which is part of the service
schedule. Travel time between the volunteer's home and place of
assignment may not be considered part of the service schedule and is not
an allowable cost reimbursement, nor is client-related travel, e.g.
shopping, medical appointments, etc.
F. Stipend
1. Senior Companions serve an average of 20 hours per week, usually five
days a week. They receive a stipend payable in regular installments.
The current stipend, effective April 1, 2002, is $2.65 per hour.
G. Meals
1. Within the limits of available local resources and project policy, Senior
Companions receive assistance with the cost of meals taken during their
service schedule.
III:
Other Service Requirements
A. Physical Set-Up
1. Where services are provi.ded in a care center, office or any setting outside
the client's home, the environment must be attractive, clean and free from
obstacles which could cause injury.
2. Post floor plans identifying emergency exits, assembly areas, etc. and
conduct evacuation drills at least twice a year. Proof of evacuation drills
will be kept on file duly signed by the Fire Marshal or other authorized
agency within the community where the service site is located.
B. Donations and Confidentiality
1. Encourage seniors to donate by notifying them verbally that donations are
accepted and are important to maintaining the servic:e(s) provided. Post
signs where appropriate stating that donations are accepted. The provider
shall not in any way employ tactics that could be viewed as coercion,
embarrassing, and/or obligatory to the service being provided.
All contributions shall be used to increase the amount of service being
provided in the program(s) funded by OMS.
2.
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C. Coordination Activities
1.
Provider shall participate within appropriate coordination bodies
established by state law and/or county ordinance.
2. Provider shall include the following statement on all advertising, posters
and brochures, etc.:
"Funding for this service has been provided by the San Bernardino County
Department of Aging and Adult Services through a grant award from the
California Department of Aging."
3. Provider shall coordinate service with other County departments and local
agencies by providing time within the facility during participant meetings,
staff meetings and volunteer meetings, etc., for presentations on special
activities that promote a Community Based System of Care for elder1y
clients. All coordination activities must be documented and kept on file for
review by OMS.
4. Provider shall coordinate service with other County departments and local
agencies by providing time for presentations or special activities that
promote a Community Based System of Care for the elderly participants
attending their sites. All such activities must be documented and kept on
file for review by OMS.
O.
Reporting Requirements
1. Report all known or suspected cases of elder1y or dependent adult abuse
to OMS Adult Protective Services or law enforcement immediately or as
soon as possible by ~elephone, and send a written report within two (2)
working days. Abuse of an elder or dependent adult means physical
abuse, neglect, intimidation, cruel punishment, fiduciary abuse,
abandonment, isolation or other treatment with resulting physical harm or
pain or mental suffering or the deprivation by a care custodian of goods or
services which are necessary to avoid physical harm or mental suffering.
2. Report service and client data by the 5th working day of the month on the
Senior Companion Monthly Report "OMS SCC..
3. Report monthly expenditures to OMS by the Slh working day of the
month. Maintain support files including but not limited to invoices, payroll,
and other supporting documents, all of which will be attached to a copy of
the expenditures report and kept on file by month for review during the
Annual Audit.
4. Maintain records, by month, that support claimed in-kind expenditures.
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In the event additional funds become available, the provider will use the funds to increase the Senior
Companion Program and related services provided to elderly dients in the formula set forth by the
State. Failure to abide by this work plan will constitute just cause for sanctions being imposed.
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Signature
Title
Date
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Director, Parks, Recreation and
Community Services Department
Title
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County of San Bernardino
Department of Aging & Adult Services
Exhibit C
VENDOR COMPLAINT FORM
Date:
Program:
Name of staff completing form:
Phone number:
Client name:
Phone number:
ContractorNendor:
Staff Name:
Issue:
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FACTS:
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Resolution:
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Name of staff resolving issue: Date:
OMS VEND 1 (01102)
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Exhibit D
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ClIy ars. 8;._........... ReI:. a: _. s-. DepI
MR.(.....,CMy. SitM_ Zip CoM):
,..7 N. Sian W.,. s.. ......~ CA 92410-4116
WtIb Site:
w\\w,ci.san-bemardino.ca.us
PIIlIIIe:
(909)314-5233
ElIIIIiI:
fa:
(909)J84-S 160
SilcN.-far~D;//uaIJr-C_):
s.iar r: . '.. .......
MR. (....., Qy, SitM IIIttI Zip Code):
6GOW."Sl.S.IIcIudiIlll.CA 92410
PIIlIIIe:
(909)384-SolI3
Web Site:
Sac
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deal be:1l:sbcitv,org
fax:
(909)189-910 I
Tide:
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Name:
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E-Mail:
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COIItnd
San Bernardino County
Department of Aging and Adult Services
Contracts Unit
686 E. MiD Street
San Bernardino, CA 92415-0920
CoatI.ctt UJllt:
Leslie Dunn, Contracts Management
909-891-3930
E-Mail: LDunniihss,sbcounl'd!OY
, Ulllt Fe #I: 909-191-3919
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adop-ted): 31' 7,0> Item # 15 Resolution # ;)(; () r - ~5 7
Vote: Ayes 1 Nays Abstain Absent
Change to motion to amend original documents 0 Companion Resolutions
Null/Void After: I~
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days /
Resolution # On Attachments: 0
PUBLISH 0 POST 0
Date Sent to Mayor: 3 "'3'" D) ___
Date of Mayor's Signature: ~....())
Date of Clerk/CDC Signature: 7/0]/0 \
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Date Memo/Letter Sent for Signature: jj 'D) Date Returned:
151 Reminder Letter Sent: 2nd Reminder Letter Sent:
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
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Reso. Log Updated:
Seal Impressed:
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Not Returned: 0
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By~
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
.Development Services
0 EDA 0 Information Services g/
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Facilities Parks & Recreation
Finance Police Department 0
0 Fire Department 0 Public Services 0
0 Human Resources 0 Water Department 0
Ready to File: _ Date:
Revised 12/18/03
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE _EeEIVEi'J.CIH CLEHK
Records and Information Management (RIM) Program
115 MAR 11 All :08
DATE:
March 9, 2005
TO:
Lemuel P. Randolph, Parks, Recreation & Community Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-57
At the Mayor and Common Council meeting of March 7, 2005, the City of San Bernardino
adopted Resolution No. 2005-57 - Resolution authorizing the execution of an agreement with the
County of San Bernardino to administer a continuation program from the State of California
Community based services program (CBSP) in the amount of$24,326.00for the period of July 1,
2004 through June 30, 2005.
Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within 60 days, or by February 7, 2005. (! ,1 (J (kt)
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
wledge receipt of the above mentioned documents.
Signed:
Date:
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Please sign and return
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