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Home My WebLink About1989-132 27 28 1 RESOLUTION NO. 89-132 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD DISTRIBUTION SECTION FOR COMMODITIES DONATED BY THE AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD JULY 3, 1989 THROUGH AUGUST 31, 1989. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 4 5 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City an agreement with California State Department of Education, Food Distribution Section for Commodities donated by the Agriculture Marketing Service for use with the Summer Food Service Program for Children during the period July 3, 1989 thru August 31, 1989 9 10 11 12 a copy of which is attached hereto, marked Exhibit "A" and incorporated herein 13 by reference as fully as though set forth at length. 14 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 60 days following effective 15 16 17 date of the resolution. 18 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 19 ~1ayor and Common Council of the City of San Bernardino at a regular 20 meeting thereof, held on the 15th the following vote, to wit: day of May 1989, by 21 22 AYES: Council Members Estrada. Flores, Maudsley, Minor, 23 Pope-Ludlam 24 NAYS: None 25 ABSENT: Council Members Reilly, Miller 26 ~/4d~ ' City erk . (Continued) ----^. " 1- ,[ 1 1: RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN :1 AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF EDUCATION, FOOD DISTRIBUTION 2 . SECTION FOR COMMODITIES DONATED BY THE AGRICULTURE MARKETING SERVICE FOR USE WITH THE CITY'S SUMMER FOOD SERVICE PROGRAM FOR CHILDREN DURING THE PERIOD iJULY 3,1989 THROUGH AUGUST 31, 1989. I 3 4 The foregoing resolution is hereby approved this IflL day of 5 May , 1989. 6 II ,I I' /It 7 Ii II I' 8 II Ii ;; " 9 :] !i Ii II 10 II Approved as to form and legal content: 11 I I 12 C;'~) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 age 2 x, Mayor n Bernardino . cA.._'" ....4a DI....'NDIT fl' I~- GMII.D MI,,,rtlDH _ POCO ..,,,~ Cw.'" , AGREEMENT FOR DISTRIBUTION OF DONATED FOOD - INSTITUTION Ol'D. lOll (1ItI) - h, ! '. J~. ..' : ......n "': CALIfORNIA ITATe Dl!'ARTMENT OF EDUCATlOll Fool:! 1lI."- s.non p.o. lIoI M4272 'r ~. CA ..244-1720 _~IO The .Pf'li"nI ~enc;y idenla~ below. ".,.in.I\., "lItd the reo/pl,ml elleM1Y. hereby m..... Ucallcln fOl aommodillt donllled by Ih. Ao'eullu'. M.,k.ling h'VIi;.. U.S. Deparlmonllll Avric:uhlllo. III !he Canto' . 1\.11. Deparllll.nt !d.....lon. heloln.ller GllIItd Iho .,e,. A~y. 10' u.o .nd dispelshilln in .acord./ICIl w.h IN! Tenn. and Condil~ ~'1n8 on Ih. rev.r.. .id. he,eof. whiGII by ,.I_"".re Incorpo,.led he,oin. I ! I Services Deoartment CIIII' San Bernardino P\AI. _I 0' NCIO""'-- ,on R"....nardino Parks Recreation .nd Communit - _511 ..-_...._ ~47 North Sierra Way .: CDIN1Y J 942 1 San Berna_1dino f',...._- --"'-"--4--- _.,\'.... .........._ ....0&/ D A prMII. nonprol,.gencr _I. _~.1IDfIIll lit 1eedinlI.....- Cl y" ~ No t. Ha. ....pienlllgotnO)' appl;ed lor _lid lood ""de, .noh, n_' 2a. IlocIpleIll agency II: 1\1 A .....uppo~ ogellClJ a. TrPI '" Ina~"'_ _"1inV .. _roft. -.g P"lll''''; (0M0Il ~ ~ptia. ..-..) 141 T". /~I ",. /~I ",. 41 (2) ....II".'"~.. .""'~--I P) MulI....__ ---, . a.w_. ...... "*' ~ T".. 11011__110 ...... lit -........~ ,.., -... ~_, I C1l1 _IIIr..PIlI' . ._!lOI, - (12) (II,. /lilIacitI ('1 HalPla' (S) All'" "-_'_lOll II) _IIIrIPll~ao- le,tr~jIII (7) __lortha """"W II) II_or ._llIr -.. ~ .....- - . -- (') ~_I"'on ..... . Pr_1I _"'" X -,,- II) s.._ FCIIlll..... Pror'" .... "'''I.... - AOIlEEMeNT Q~llnI'IOAnOH - ...... I,rhe.Ifl''''_edtly".fIl'~_rlo/rhe~",~ rot by ,.. r;IW( .dlnifli,rr.d.. .me.< of . ,..;pionl .~1lt:Y _ "., no ~,board} II> .n,.,.." rltiJllIg""""". -'ily "",... ..""_lion ".,."iH /, _,. MIII'grHI .. 1M T."", .."d COIItMOfI. 0/ W. ..-~ """Y'" "...,.W 0""" ,..,.,.. .ide of /IIi. lbrm. I _ ST"'" AGE CY APPROV.... - 711;' _'o.-iOfl _" _tIfItI "y ~ sz.eo AfMt:y.... -~~ ... -ore""'''''' which .h.. rem.iII ill iu AlIa MIll dea Uttj/ lOIiI 1M .... ., /1M _".,,;, gi..",. pro,.;$ .. ,..,~, 01... ,.... MIl CottdiiOfl' OfI Ill. .........,;$ 01 ~ ""'" I __.,,,,,lllil.r _ClI'MC"""AGE_ '_011 ,.,.PEIlNAMI aI AUIWDlIlZlD_ AGENCY _"U5NTATlVi ANNIE F. RM10S .....'~ Ut' N,J1MUMlia:D IIItQPt.NT Mll:.NCT .,....."'.T1VI AP'ROVIP - The Reciipilrll ____c... provacllo ordar COIlllllOClim !at .... IlIlioWiiie me.l. per ... .. ......1UtOI 0< A11ftC>_D"'~TIf_lIII: ...........,.''''' Il1011 '"" DIRECTOR OF PARKS. RECREATION & COMMUNITY SRVS. T&L&_ NO. 1IIoT& - - .- - ( 714 ) . 384-5231 it -.j -- .. - , .1 . j .. LVUTDTT llAlI ... ..-... ., - - -------.... -~-,. ..-t , ~___I ~ ... ... . .. r Terms and Condition. ,. Comnun!.lttl Win be rec:p.HI'~~d o1"'Cf1eClCe.1IKf only in IUcfl CI-,Ukl a. GUll a",1 .~I ....IuI' u....cll..'.IlOU' .a.'O. fin, agency ........,. in, and "~_pbn, ~.li'l fft ..... o""l'Ilil..' ~I _"""t .. oonsumod in ... rnonlh period ",.y be hltld fil'\&ftclo1.::' ...,~. '" an, .pu~.,.., .,..",inabUn ..,tpch ',"ula In She fOOCl. Mine "nftt for ""man C)nwmt*un. Undur l.-dlll Cln:;l,,;~IW~' "" .ix '"Oft" llOra.,_ lellrldlOntftlj'l ...1On,loJd .10'1 p'tOt a;:p,oYIIIlrorn" lca. a~nc, 1I0"f oomrnocl.... OIU u" hanll .h."', ....'nol. "'~~nllp ....li.M!. a ..port will '" ~ .. ... ..-:. .lI"""1. 1lIql.e1.... dilpalillOn IM"""ioM. 2. COrnmtlcll.... _Ivell under ,hi. 811-..-1 wiu lie uled _., - "'" _hi of Il1010 ,.IIQIII ...MOll or all;s.el II)' ... ,."...nl 11",""-7 wld wilt not .. CltI.~'IlJU WlpoMd or ,,'i~out prior written ""p,,,v;': .1 UllOl.... a;encr IInll.,. no ~lffNm,un_, ""', &/IOA oolt1nJouiti".. .. .oIt1Of I'lIlt/.,J. figrl,..1 f~ wlf'v.,dl""lft .ill nul bet ,..6,::I;d bKaus. of ~ IE::p:r-t.,t com,.,oc tC'. r\:t comrnodiol ..'1 ba plOC;CtlleCl ClOIlllMlC;~") "il/lOlIllllo pnor Wf,,-On consenlo' 11\0 l"'lt avon"1. 3. ",-"apcfll iI;lol'dlK ....aIf .ntu'. Ch81 scorav_ '8ci;i~.5 compl)' wl".1 req...llre13 foe",,:ral. 5ta. anCl .~, lOCal rUta::h in'~KtOt\' ancIItW . pru'"'atll .a'hJ Ih..11 ,UGh tnsplfCHm t'~Fra\la:1 ar, Gum","'. 'acilih. tor 1."10 pt('pr..r hG:'l~n;. ACOhn; Qr'd preparatio"l of commodiEi.. ,. qwa.tw und IKOQI'pWd Wit! tL' ~'''Y;ch1d. The sta:.. a;vnq ... the UnihrdS~tt:" Ovparm.nt"l J.;:I::l.:iW"-.... .u:hOlI:ud1Qinaptc:I"'. commOd:',.' in l!grago and lhe .apbDeI or warenO"I.S UMd in 11. handling 0' 1IO'.~ 01 commoo.:...s a. any roasonabl. tine. 4. CommCMtIioI rvceivad WID to scMld In . CO"'!IIOII dning room WllcleVllr possIble. and "ore ..,:1 bo no dlstneL"" or "'lI'agalion whahlver t.otwNtlpaying .~d no,,~,ingperlOnl ,n Ih. type oIll'tal. ..MId .ncllllo man_ ofleNing. 5. Con..,n"'l w,1h """,,,,,,nial IC''':O value ....i..d w'th 1M 0ClllIm0ClI. riel don.~td by !he Unlhld 51.'~!." Dop.nmo', 01 ...~ncuIIUl1l "n1 ... "'''''''by If'\: "",-.".nt.gel"";' wl"',,-,""." ~I"'(';,^,'~'''' 'h.:~u.it"tgll.. accounl 01 '.144 ftttd"'lJ P'OV'.'" 11'1'" .noOt' ttMtt 1"llJrance iIIart ",modlll'(l 'QuoI.ordam.QOIO.l;Ommod':18s 01 s.~.rodtromltles. cau50S. a ,:..im tor.... full taJr ~I~.et yQIUO 01 such llJ:nlitl will lID Iilod ancl.conl~"lc"",non raporln,adJ 10 It>elllllll.~oncy. A1lpl1~nll ..caiWKllcr such 10".1 wijll>. d"pCSCII 01.. ins~u..od bf lht IlalO .gollC)'. Upon'" happOfl;~g .: n,y ovonl c:rea~n2' cl.im in I.vor 01 Iho ,oop.cnl.gollC)' .gainS! a w:.r<loou... or o~.o, porion. ..,... implOPor di~tl'lbu&ioft or los, of. or dilmage to. A cornmodi\'. lie roe:plonl.~anCt wil taM aU "",;on nocolIDry to obl:1ln "'I~tudon. A - --.pIOI...porI will_ ....cIa · .. avoncr and 'f IDr ..._...po..-.,..... .r - dWlll__ in.... hm'" _ ..._. . llooka .ntl-,," pon.ining tie "';111 and _ 01 tin .~I'" loop' lor a,.Mcl 01 no'. ....throo 13),...~....... .,..... _a1I-' re... '" . ..., ,.....n and~~__ .. ... ..... "lI8""P al . ~ . minimum. ..... MCI "'..".. wol .....!llin .. 101.... a' a .-d of AI ....._. .....4.'" ......... ; " an-.-., dOna..II.......... _NtCI ilIoIIIdMdl.... III aM\llll phyalClll_.", .... ....... .. ..... ._j...." ..... '" ..... . .. ....,. t.ciilfa- lIHy ....rdI and ..., .. i1i_ ....n '" ..... .., .. .ge,"'I' what _.n<;IlId w," IMinlli.-d.. ...... ,.,.__. -.pi" .... fIlaWaI~ ~. inlolmll_ .. *::, 0hrW;f .., lie __ .. .. "'''"~i''''egIflOp=.1m f:r ..- anti........ .. I antl ... pellM a .... IUlP8ntiotl. '0 Ei"'r~_\en!llIlI" . _........I..,givlolg~(3OJ. notiolf in wriWlll '" .hulho' . 'lba .... ................ avreemertl ImmllCl'.... ""'" ." ......_ ... the ~ and CDnclt1iol1l......ha...ttDl_ 1IlIr.......... ".ouch noloOa 01 tormlllallon ar _ 110ft 01... aor-Il. ~1I11,l'1 II agener .gIN11O llOIlIPIt willi ~ ..... ...lIIIftCIr. .ilhor (., II dillibu. ai' Ie"'" ing........... 01... ~.... 0.,..,.....", ol.~ .. in n ' --=1......... .;0,.. uI lltilllll.........lt. (1)) _ouch .._....iM ...... .gener '" IellOftIIMI iii. 01 audI ....--. I The ~.. 111_ ...-. ..,.. '" till-*"- Inr'r" . ~ luI1he. shipmenll 01 UtirllIICI . 0."-101 """"*',...... loodllO IIllI leClllHnl..,enop . taill '" -.pi, 1IlIh......... ....n'. and p...,o... ... ...... iii .-_ arllllY _Utdona '.....d putlUlIIl ........ Ii... IIID 1110"" Dr the u..I~"'" o.pllrtmtnlo'~. or 1\,.... _.. ..ajM fIIther acti04' "roueh ..dabIe Il1O.... oonaitIaretf -..".~ ing prosae.llion undar;lIIlP~ .... and t.dnI....... ... ~N......,. of ..~'*u.~ :All" COUNTY OF SAN BERNARDINO ~!t STANDARD CONTRACT FOR COUNTY USE ONLY {> - County o-p.rt!l'..nt Contrect Number Office on Aging County Dep8rtment Contract A.p.....nt.tive Connector', Lice". Number: Kathryn H. pichette 387- Director Ph ExY- 2400 Bud.. UnIt No. I Sub~bjllct No. I Fund No. Job No. I Amount of Contrect 010 2189 156 $177 ,190 "'-' Name, If connect n. more "'an Onl peyment or receipt. complete the fOllowi",V . Nutrition for Seniors ar~es "..menu Estimate: ApproxlrNte AmcMlnt ElICh: Varies /"1 15 J..-..-- THIS CONTRACT II entered into in the State of California by and between the County of San Bernardino, hereafter called the County, and - -- City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 BIrth Date 714-384-5231 hereafter celled City of San Bernardino ......... Feder.' 10 No. or Socl.. SecuritY No. IT IS HEREBY AGREED AS FOllOWS: (UN tpBCIJ below and additional bond $heelS. Sat forth .rvice to be "lndeffJd, //mOunt to be paid, manner of pqment, time for performance or completion, determination of Il8tisfllCtory performance and cause for termination, other terms and conditions, and attllCh plans, specifications, and addenda, if any.) THIS AGREEMENT, is entered into on the day of 1989, by and between the County of San Bernardino acting as the Area Agency on Aging, hereinafter called the Office on Aging or "OoA" and the City of San Bernardino, direct service provider, hereinafter called "Contractor". WHEREAS, the Older Americans Act of 1965, as Amended, provides for assistance to state and local agencies to develop nutrition and social supportive services to meet the needs of older persons; and WHEREAS, the California Department of Aging has allocated funds to the Office on Aging for the purpose of administering a certain portion of said funds pursuant to said act; and for the purpose of planning service programs and activities for older persons; and WHEREAS, the OoA desires to use California Department of Aging monies to fund, the Contractor desires to operate and execute a Senior Nutrition Program. This contract is executed to reduce to writing, the specific terms and conditions covering the funding, execution and operation of the program provided by this contract. THEREFORE, in consideration of the mutual promises and covenants contained herein, the OoA and the Contractor agree as follows: D...._~ ftf _ 11 1. DEFINITIONS: CDA PM means "Title III Program Manual for Area Agencies on Aging". This manual is based on Federal regulations for Title III published March 31, 1980 (CFR, Chapter 8, Subchapter C, Par 1321). Pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980, have also been used. A copy of the manual is available for review at the Office on Aging during regular office hours. 2. WORK TO BE PERFORMED: The Contractor shall, in a satisfactory manner as determined by the OoA, conduct, administer and provide nutrition services for the elderly as defined in the attached WORK PROGRAM (Exhibit A-I) and PROGRAM BUDGET (Exhibit B; B-1) which is attached hereto and incorporated therein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this contract as fully set fourth here. 3. PERFORMANCE STANDARDS AND REMEDIES: If for any reason the Contractor's service falls below 90% of the contracted level during any calendar quarter, the Contractor will submit to the Office on Aging within 30 calendar days an analysis of the problem and the actions being taken to correct the problem. If the problem persists, the Office on Aging and the Contractor will jointly prepare a written corrective plan with time lines for completion. If the Contractor fails to carry out the corrective action and does not meet a 100% contract level within the required time frame, sanctions will be invoked as described in the OoA Sanction Policy. Continued lack of corrective action will be cause for termination of contract. If, after all appropriate actions have been taken, the service level still falls below 90% of the contracted level, the OoA may in its sole discretion reduce the contracted level of service and the budget, as appropriate. 4. TERMS: Terms of this agreement will begin on 1st day of July, 19 89 , and terminate on the 30th day of June , 19~, subject, however to early termination as herein provided. 5. COMPENSATION/SCHEDULE OF PAYMENTS: The maximum amount of funds awarded under this contract shall be $ 177.190 and shall be subject to availability of funds from the California Department on Aging. Contractor will be provided a payment advance equal to 10% of the Title III portion of the total contract amount under this agreement for start-up purposes. Said advance shall be -2- liquidated by applying the May and June reimbursements to contractor toward the outstanding balance. Payment advances made by the OoA are subject to availability of funding. Contractor shall be compensated monthly in arrears based upon the Federal Share of Cost incurred and the performance level for the month. Performance levels below 100% will result in an equivalent reduction in the Federal Share of Cost reimbursement with the withheld funds being applied toward advance liquidation. Performance levels at or above 100% will result in 100% reimbursement. In addition, USDA funds will be paid at the prevailing rate for each reimbursable meal served. 6. PROJECT INCOME: Project or grant related income should be equal to 40% of the total expenditures shown in Exhibits Band B-1. 7. MATCHING CONTRIBUTIONS: The Contractor will provide a cash matching contribution of $ -0- and/or in-kind matching contributions of $12,663. The determination method shall be the Title III portion of the contract multiplied by 0.1 and divided by 0.9 which is equal to a contribution rate of approximately 11.11%. Allowable match shall be in compliance with CDA Program Manual, Part I, Section 200, Non-Federal resources. 8. FISCAL RESPONSIBILITY: The Contractor agrees to strictly adhere to the approved budget, listed in Exhibit Contractor will 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 OoA staff, as may be required. 9. AUDIT: Within 90 days after the termination of this contract, Contractor shall perform a financial and compliance audit and submit information as required in the OoA Final Program Report. Requirements of the Final Program Report will be in accordance with instructions found in the OoA Contractor's Manual. In the event of an audit exception, all documents referred to in Paragraph 8, FISCAL RESPONSIBILITY, shall be maintained and kept available until every exception has been cleared to the satisfaction of OoA. -3- 10. INSURANCE: The Contractor agrees to indemnify, defend and hold harmless the Department, the County and their authorized agents, officers, volunteers and employees against any and all claims arising from the Contractor's negligent acts or ommissions and for any costs or expenses incurred by the Department, County or Contractor on account of any claim therefore. In order to accomplish the indemnification herein provided for, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance with limits as shown: a) Workers · Compensation - A program of workers' compensation Insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. .. The Contractor shall require the carriers of this coverage to waive all rights of subrogation against the Department and the County, their officers, volunteers, employees, contractors and subcontractors. b) Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). c) Blanket Fidelity Bond - Prior to entering upon performance of this contract, the Contractor agrees to submit to the County proof of a blanket fidelity bond in the amount equal to one month of contract payroll of the contract period, covering all officials, employees and agents handling or having access to funds received or disbursed by the Contractor under this contract, or who are authorized to sign, or countersign checks. Said bonding company shall provide at least thirty (30) days prior written notice to the County of cancellation or material change. -4- Contractor shall furnish certificates of insurance. Certified copies of all policies and endorsements to the Department evidencing the insurance coverage above are required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without (30) days written notice to the Department, and shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the Workers' Compensation insurance coverage and professional liability coverage, if applicable, shall obtain additional endorsements naming the Department and the County, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by the County. 11. LICENSURE: Where the State or local public jurisdiction within the State requires licensure for the provision of services, the Contractor will, in performing the services required under this contract, obtain all necessary licenses and/or permits, and maintain such licenses and permits for the full term of the contract. 12. REPORTS: Contractor, at such times and in such forms as OoA may require, shall furnish OoA statements, records, reports, data and information as OoA may request pertaining to Contractor performance of services hereunder and other matters covered by this agreement. 13. INSPECTIONS: Contractor shall make available to OoA, State or Federal officials, its records and data with respect to all matters covered by this agreement for inspection and audit. Said inspection and audit may be made at any time, during normal business hours after reasonable notice has been given to the Contractor (CDA PM, Part G, Section 93.21 N 8). -5- 14. MONITORING AND ASSESSMENT: Contractor shall permit OoA, State or Federal officials to monitor, assess or evaluate Contractor's performance under this agreement. Said monitoring, assessment or evaluation shall include, but shall not be limited to project site visits and interviews with Contractor's employees and agents providing the service under this agreement and recipients thereof. Contractor will ensure cooperation and shall attend all meetings mandated by the OoA. 15. PROPERTY MANAGEMENT SYSTEM: All equipment, materials, supplies or property of any kind purchased with OoA funds provided herein shall be in accordance with CDA PM, Part G, Section 93.19, and if not fully expended or consumed prior to the termination of this contract shall be the property of the OoA, unless otherwise directed by the OoA Director. The Contractor shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. The disposal,' loss and/or destruction of property or equipment shall be fully documented by the Contractor with copies thereof provided to the OoA with the monthly report for the month in which it occurred. Loss by vandalism or theft must be immediately reported to the police. The OoA Director shall be notified of the loss within seventy-two (72) hours of discovery of the loss. Equipment that is worn beyond economical repair may be turned in to the OoA for accountability purposes. It shall also be the Contractors responsibility when disposing of worn vehicles to' insure that all identifying lettering, signs, etc. are removed prior to disposal. Replacement of all items shall require OoA authorization. Any equipment purchased with OoA funds will be subject to review over the life of the equipment, and if not used, under-used or misused, may be claimed by the OoA for redistribution to other OoA projects. Vehicles purchased with OoA funds shall also have the following language painted or affixed by other means: Vehicle purchased with "Older Americans Act funds." 16. AMENDMENTS TO THE CONTRACT: Any contract change requires ini tiation of an amendment to the contract in writing and signed by both parties. 17. CONDITIONS AND GROUNDS FOR SUSPENSION OR TERMINATION: a) If the Contractor fails to comply with part or all of the provisions of this agreement or such other statutes, executive order, -6- OoA and California Department of Aging, and other directives as may become generally applicable at any time, the OoA shall thereupon have the right to suspend or terminate the contract by giving written notice to the Contractor specifying the effective date thereof. Contents of the written notice shall be specified in the OoA Contractor's Manual. A determination as to noncompliance on the part of the Contractor shall include but is not limited to: (1) failure to fulfill in a timely and proper manner, its work program requirements; (2) submission of incorrect or incomplete reports or late submission; (3) improper or ineffective use of the funds provided or derived under this contract, as determined by the OoA: (4) failure to comply with California Department of Aging rules and regulations. b) Without the prior written consent agreement is not assignable by the Contractor whole. c) If the grant or other funding under which this contract is made is te~inated, the OoA shall have cause to of the County, ei ther in part this or in this contract. Notice of the termination shall Contractor. d) Reclamation and Closure: In the event of termination, all funds, property, finished or unfinished documents, data, supplies, and reports obtained or prepared by the Contractor under this contract shall, at the option of the OoA be returned to OoA. e) The Contractor shall be entitled to satisfactory compensation for performance or allowable expenses necessarily incurred under this contract. immediately terminate be in writing to the f) Ei ther party may terminate this contract without cause upon thirty (30) days written notice to the other party. 18. TRAINING AND MANPOWER DEVELOPMENT: The Contractor agrees to participate in appropriate staff training and development provided by the OoA, the California Department of Aging and the Administration on Aging. 19. CONFIDENTIALITY: The Contractor will take steps to ensure that no information about, or obtained from an individual, and in the possession of the Contractor, will be discussed in a form identifiable with the individual, without the individual's informed consent. -7- Lists of older persons compiled pursuant to California Information Practices Act (CA Civil Code, Title 1-8, Section 1798) will be used solely for the purpose of providing nutrition services, and only with the informed consent of each individual on such list (CDA PM, Part B, Section 19.1). 20. PUBLICATIONS: Any books, reports, pamphlets, papers, or articles, including newspaper reports, based on activities funded by this contract must contain an acknowledgment of funding by the San Bernardino County Office on Aging. The following language should be used: "These services are due, in part or in whole, to funds provided by the OoA through the Older American Act, Title III, 1965 as amended." 21. COPYRIGHTS: If the contract results in a book or other copyrightable materials, the author is free to copyright the work, but the OoA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all 'Copyrighted material which can be copyrighted resulting from the contract (CDA PM, Part G, Section 93.19 X.2.). 22. CONTRACTOR INDEPENDENCE: The Contractor and the agents and employees of the Contractor in the performance of this agreement shall act in an independent capacity and not as officers, or employees or agents of the State of California, County of San Bernardino or the OoA. 23. UNAUTHORIZED ACTIVITIES: All activities not expressly authorized by this agreement shall be prohibited without the express written permission of the OoA Director or his authorized agent. 24. BINDING CONTRACT: In the event any portion of this contract is found to be invalid, the remaining portions shall continue to constitute a valid and binding contract. 25. PLANNING EFFORT: The Contractor agrees to cooperate with the OoA in its efforts toward developing a comprehensive and coordinated system of services for the elderly by participating in joint planning efforts and other activities mutually agreed upon to meet this goal (CDA PM, Part H, Section 107.5). 26. CONTRIBUTIONS: The Contractor will provide mechanisms for older persons receiving services to contribute to help defray costs of all services provided. No older person will be denied service because of hiS/her failure to contribute. No fee shall ever be required -8- of recipients. Methods of receiving contributions from recipients shall be handled in such a manner so as not to differentiate among individual's contributions publicly (CDA PM, Part H, Section 111.1). Contractor will periodically encourage participants to increase their donations if they can afford it. 27. GREATEST ECONOMIC OR SOCIAL NEED: The Contractor understands that one of its responsibilities under this contract is to insure that "preference will be given to providing services to older individuals with greatest economic or social needs (Older Americans Act of 1965 as Amended, Amendments of 1987, Public Law 98-459, 306 (5) (A) )." "The term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term I greatest social need I means the need caused by non-economic factors which include physical and mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an ~individual' s ability to perform normal daily tasks or which threatens his or her capacity to live independently. (Older Americans Act of 1965 as Amended, Amendments of 1987, Public Law 98-459, 306 (6))." Minimum program goals relating to minorities within this contract have been established by computing the percentage of minority elderly over 60 within the geographic area served by the Contractor. 28. RELIGIOUS ACTIVITY PROHIBITED: There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of this contract. 29. OTHER STATUTORY REQUIREMENTS: The Contractor agrees to fully comply with the laws and programs (including regulations issued pursuant thereto) which are listed following this paragraph. Such compliance is required to the extent that such laws, programs and their regulations are by their own terms, applicable to this contract. Contractor warrants that he will make himself thoroughly familiar with the applicable provisions of said laws, programs and regulations prior to commencing performance of the contract. Copies of said laws, programs, and regulations are available upon request from San Bernardino County Contract Compliance Officer, 686 E. Mill Street, San Bernardino, California 92415-0640. To the extent applicable the provisions of -9- said laws, programs and regulations are deemed to be a part of this contract as if fully set forth herein. A. The San Bernardino County Affirmative Action Compliance Program (See Exhibit C). B. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, Title V, Section 503 (a), Pub. L-93-508, Title IV, as amended, Section 402. (38 USCA 2011-2013). C. Rehabilitation act of 1973, as amended (handicapped) Pub. L. 93-112, a~ amended. D. California Fair Employment and Housing Act, Government Code Section 12900 et. seq. E. Civil Rights Act of 1964, as amended (42 USCA 2000a to 2000h-6) and Executive Order No. 11246, September 24, 1965, as amended by Executive Order 11375 and as supplemented in Department of Labor regulation. F. Clean Air Act of 1970, Section 306, (USC l858(h) et. seq and the Federal Water Pollution Control Act, Section 508 (33 USC, eq. seq.) as amended, 1368, Executive Order 11738, and U.S. Environment Protection Agency regulations (40 CFR Part 15). G. Provisions against lobbying are as follows: The following statutory provision (part of Sec. 407 of Pub. L. 95-480, 92 Stat. 1589) has applied to all Health and Human Services appropriations beginning with those for Fiscal Year 1979 and is likely to continue to apply to any future appropriations. "No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract or contract recipient or agent acting for such recipient to engage in any activity designed to influence legislation or appropriation pending before the Congress." This means that the costs of attempting to influence legislation pending before Congress may not be charged either a direct or indirect costs to any HHS grant awarded from funds subject to the provision. Attempting to influence legislation is commonly called lobbying. This notice concerns only the charging of certain costs to Older Americans Act (OAA) grants including the matching share. Nothing in this notice is intended in any way to inhibit or discourage -10- any party from exercising its lawful rights to attempt to influence legislation pending before Congress as long as the costs are not charged to an OAA grant. 30. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Contractor and the OoA with respect to the subject matter of this agreement. There are no other or further written or oral understandings or agreements with respect to this agreement. No variation or modification of this agreement and no waivers of its provisions shall be valid unless in writing and signed by the parties. APPROVED AS TO FORMi AND LEGAL CONTENT.. James F. Penman. ~..... B . . .' 1 COUNTY OF SAN BERNARDINO ~ Chairman, Board of Supervisors (State if corporation, company, etc.) Dated By~ (Authorized Signature) Dated ATTESTED: Title ~ Clerk of the Board of Supervisors Address Approved as to Legal Form Reviewed as to Affirmative Action Aevlewed for Procetsing ~ County Counsel ~ ~ Agency Administrat,;r/CAO Date Date Date 02-12311-000 Rev. 11/80 ....-11- 0.-.1-1 · .s..... fIt" . I'" .., - -- :i~rS:ii i.i- lllfa.. &.:: .:: ... r....." !11-i1ff I!I;; ! :111 ~:;.ff ~ ;';-11 ill::a11 1:1 == J -- - II 1._1-1- I ...;. IIIH .ll~== :!;II ill" 1:5- II 'I -- . II ff ilil !I ,.(. I J r~r NNN rill t; II:~ III -. 'i- 11=; ili! 158 .... III I . I . I ~- ... -- . , - ,,~ 'II . 1. , .- ..1 :', " 1 i ;I" ,& -.. 'I .. IJ .. f I. ; - . .. r i .. J . : " ~ - - ..' I./> 5:= :z ""13: OJ .- 3: I./> . ."." ~. co ~, ." '< ." ." - "'.., ~.'g. n CT ~ ... r+ ... '" i ~..., ::T ~ ~ co ~ c.. ~. ... o~ r+_ 0 ~. r+ ." 0 0 - "'CJl ... ~ n n ~, ~ .., .. ... - n:t ~5 CJl ~' ." ...., n CT . 0 '" co .., .., n I .,,~ '< '" r+ ~ ." 0 ." - ~= n~ fii ." .- ." 0 '" ; - .., ,... ,... r+ ." ...'" '" -, ~, ." .., ..,~ 0 -. <D - - .., ~ .,,0 ... \D ::r ... W - ..,- :0- 0 r+ 0 ... - ~ =,., ... ..... ... ... w ! 0 - ::l - - '" ... 0." ~ ::l ... - ~~ - - - I ." ~ W .., ... - .- .. ilSEI~ . ... ~ ~ N 0 ... ~ N N N N .... I '" 0 '" 01 0 01 ..... '" N ~ . - - .. . . I~ UII! III I~ ~ ~ 01 'S 'S N 'S N 'S 'S ~ 0 - I . .11'1.. . ! ~ 'S 'S 'S 'S 'S 'S 'S ~ 'S ~ilil~ I I ... ~ ~ :lIS-" ... 0 ... ~ N N N N (Xl N 0 '" .... 0 .... ..... '" ... ~ - ., = . ~- .. N N N' N N N N N N N .!Ir 01 01 01 01 01 01 01 01 01 01 N N N N N N N N r:-> N =;1- . r !=llr N I II :2- . I ' I ~iF I III IS I - I S i ' I ~ 0' iI . ! I N ! i I; I I iller I ........ III ~ I ,. - ;II..... ~ -I!r . ... I _... . 1'I )( :I: ... III ... .. ':' ... iI . : - CITY OF SAN BERNARDINO EXHIBIT -B- BUDGET SUMMARY FY 1989-90 FY 1989-90 FUNDING .. Expenditures: $ 177,190 Revenues: Title III, Older Americans Act as amended C-1 113,969 C-2 -D- . . U.S. Department of Agriculture C-1 63,221 C-2 -0- 63,221 TOTAL $ 177,190 II[YJSDl UG[T D EXHIBIT B-1 ...-rMY IIIF'llllMTJllI f.r AlfJr 7/89to 6/90 .IYr - '"JutSenior Nutrition progran, Cat...et.. 88-763 . UI'DID Jl1/I[ tun .ltH ."IIW. II[YISED AaS rASH DOID mAl mAl J. Slllrles Ind ~I"S 127.300 1271 f. Frln.' Ben,flts . :b Ill. 3. C.nh...neeslTr.lnln. U .. LOCIl Stiff Trlv,l JUU 5. [Gul_nt - [xOfnd.ble 7 2.000 ,. [oul_nt - lon-(.Ofndlble - - -U- 7. [Gul_nt lentils - - -0- I.. II. Foods 139.977 3.:!uu 143 477 t.. Consl/IlIlble Suoolfu 15~ lli.OOO JO. Oth,r SUDDlfes 600 II. Insurlnee 3~ -0- U. I'Dllrs and ~Int,nlnc' 4~_~ 13. l,nt/BulldlnG SOlee -0- 4R.13? J4. T,ltohon, 700 700 J5. Utllftles 7.~ ?1.1IiO ?1 160 Ii. "hiel, Operltlons 7 000 J7. Adv,rt Is I nG -h~ ?OOO ? 000 JI. Consultlnts/Outsld' Servic,s -0- -0- a. Purehlsino Seryie,s IRI. Food) 2.000 2 000 b. Aeeountin. S,rYle,s -0- -0- e. lutrlt ionlst -0- -0- 0 d. L1n,ns -0- -0- e. Audit -0- -0- f. Oth,r -0- -0- It. LeGIl S,rvlees -0- -O- m. llI!"b,rShip . SubserlDtions -D- . -0- fl. PrintinG 1.000 1.000 22. TI.'s . Lie,ns,s LROO 1. ROO f3. "olunte,r [."ns,s/Tray,l -0- -0- '4. 15. fli. n. 211. ft. Xl. 31. · For ..trftfClll Use ClIllY mAl UJlDI)IlUIl[$ 318.903 74.7 FIIlD I. SllUICES L,n: Proleet Ine_ 111 384 x 1.2723 141.711 141 711 L,ss: "n-~teh USDA 111 384 x .5676 6::l.??1 3.liOO !'iI; 7?1 Less: lon.~teh Other . RIDAl SlIM[ 113.969 71.292 185,261 1M IOlWtDIIIl aum Oral - '... _ III ~"ts.. . '~IU - ""'....-..-------. --. - '--_.- . . If 'f)FFICE ON AGING ~. bit 1IIU1 a_I . a.n IIrNrdlno. CA .2411.0t40 . 1714) .7.2400 TIle """"tH A... Agency "" Af/ttf . June 7, 1989 Mr. Oscar Perrier City of San Bernardino Parks, Recreation' Community Services 300 N. "0" Street San Bernardino, Ca 92418 ~~M,JlII~ ~t... "'':It . ~ ~ ~... "'1f~'II\\\~' COUNTY Of IAN IEIlNAIlDlNO _"".r-.... 6.-,..-.-.... ...,......;.~~N~-.'. _..~,.~~..:;... r_. ,. . . . ~,.. _~--r .~.......... .;._ KATHRYN H. PICHETTE. "'.0. Director Dear Mr. Perrier: In order to meet insurance coverage you must submit contained in your page 4, subsection State and Federal requirements related to for a Title III Older Americans Act contract, proof of insurance. This requirement is FY 1989-90 contract (Insurance Section 10, A, b, cl. This section maintain...the shown" . states n. . . the following types Contract~r shall secure and of insurance with limits as a I Workers' Compensation Insurance as prescribed by the laws of the State of California, including Employer's liability of $250,000 limits. bl General and Automobile of $1,000,000 combined and/or property damage. c) A blanket fidelity bond in an amount equal to one month of the contract payroll of the contract period. liability insurance in the amount single limits for bodily injury Please submit copies of the certificates and surety bond to the attention of Accounting Department, Office on Aging, no later than July 3, 1989. In addition, request that you notify the Office on Aging at 686 E. Mill Street, San Bernardino, California 92415-0640, if any changes and/or cancellations occur in your policy for FY 1989-90. If your project is covered through a self-insurance program a letter from your Risk Management officer or appropriate person indicating compliance with the above coverages will satisfy our request. Questions concerning this request should be directed to me at (714) 387-2400. Sincerely, dt~~ MANUEL ABUERO Deputy Director MA:mlc cc: John Peile Risk Management Officer ~ ~~ ~5!:~J~ IDJ RISK MANAGEMENT June 19, 1989 Mr. Manuel Ahuero, Deputy Director Off ice on Ag ing COUNTY OF SAN BERNARDINO 686 East Mill Street San Bernardino, California 92415 Re: Title III, Older Americans Act Contract Dear Mr. Ahuero: This letter is sent in response to your June 7, 1989, corres- pondence to Mr. Perrier of our Parks, Recreation & Community Services Department requesting proof of insurance. The City program purchase of San Bernardino is covered through an which combines self-insurance, pooling of commercial excess insurance as follows: insurance and the a. Workers' Compensation. Self-insured to $500,000 inCluding employers's liability. Excess coverage purchased through Employers Reinsurance for State of California statutory limits. b. General and $1,000,000. Auto Liability. Self-insured BICEP pooling for excess coverage. to c. Employee Fidelity Bond. Purchased through the Hartford, policy 72PEBCB7826, provides blanket protection for all City employees to $25,000 ($100,000 City Treasurer). Office on Aging June 19, 1989 Page 2 Please do not hesitate to contact me should you require further information. Sincerely, Arthur J. Schubert Director of Risk Management AS/sf eel Annie F. Ramos, Director Parks, Recreation, Community Services