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HomeMy WebLinkAbout1986-287 1 RESOLUTION NO. 86-287 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING 3 AS THE AREA AGENCY ON AGING RELATING TO FUNDING FOR A SENIOR NUTRITION PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City a 8 contract with the County of San Bernardino acting as the Area 9 Agency on Aging relating to funding for a Senior Nutrition 10 Program, a copy of which is attached hereto, marked Exhibit "A" 11 and incorporated herein by reference as fully as though set forth 12 at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a reglllar 16 the 21st day of ,1111 y 17 to wit: meeting thereof, held on , 1986, by~~he following vote, 18 19 20 21 22 23 Council Members AYES: F.~rrnnn, Rp;lly, Hprnnnop7., Mnrk~, Q11;pl, ~rr;rklpr NAYS: None ABSENT: Councjl Member Frn7.;er "" ~4 ~.&//Il/J//~bJ~l/ ./' City Clerk approved this 2Pt{ day 24 The foregoing resolution is he..reby /' I ~::i> ..~ Co; ,/ ,/ ( . / ,./'~ Y-_L-<.~A..,_,C ,/. Mayor of ",/.....). /,7 " ,/ .' c't""" f , /-:~ I /'j / .. I".. A..' _~...-; / // 1'/ /( C>C,(.,.L he City of San Bernardino 25 of 26 July , 1986. 27 Approved as to form: 8 .: / . ,/) .p 2 (~... , i',4{ 0};.A!/I'r'" ty Attorney rVHr".JUTES OF THE BC\f~RD OF SUPERVISORS OF SAN BERNARD'NO COUNTY, CALIFORt"IA ! F't-;Ar7 August l:", 1986 FROM: James Fare, Administrator Human Resources Agency SUBJECT: SENIOR NUTRITION CONTRACT BETWEEN THE OFFICE ON AGING AND THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 1986-87 (OoA) RECOMMENDA TION: Approve a contract between the Office on Aging and the Ci t.y of San Bernardino in the amount of $180,473 for the operation of a Senior Nutrition Program to begin July 1, 1986 and end June 30, 1987. BACKGROUND: On September 9, 1985, the Board of Supervisors approved a contract between the Office on Aging and the City of San Bernardino for the operation of a Senior Nutrition Program in the City of San Bernardino during FY 1985-86. ( ,- Approval of the above recommendation will continue this program and provide for the serving of about 136,960 nutri tious meals to senior citizens in FY 1986-87 at the following sites: Beautiful Light Inn, Healthways, Highland, Lytle Creek, Meadowbrook, Mill Center, Nickelson Center, San Bernardino Senior Center and Whitney Young Center. REVIEW BY ADVISORY GROUP: The Senior Affairs Commission approved the Fiscal Year 1986-87 contract with the City of San Bernardino on June 12, 1986. . Page 1 of 2 AGREEMENT NO. 86-766 cc: 00A w/agreerrent City of San Bdno w/agreec/o OoA Auditor w/agreerrent HRA Sr 0 Affairs Coninissian c/o HRA File Action of the Board of Supervisors APPROVED BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO MOTION .2_ second motion x x 12345 MARTHA M. SEKERA. K, CLERK O. F THE~BOARD BY 0~~/0- DATED: AU611 ,~ (' -- , August 2.1., 198E Pa.ge L 01' ~ RE: SENIOR NUTRITION CONTRACT BET"v;'EEK THE OFFICE ON AGING AND THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 1986-87 (OoA) "--REVIEW BY OTHER DEPARTMENTS: The Senior Nutrition Contract with the City of San Bernardino has been reviewed and approved by Contract Compliance, Risk Management and County Counsel, Ruth Stringer. FINANCIAL DATA: The amount of the contract has been included in the Department's FY 1986-87 budget appropriations. FY 1986-87 Expenditures: $180,473 Revenue: Title III Older Americans Act, as amended C-l C-2 $108,542 -0- 108,542 u.S. Dept. of Agriculture C-1 C-2 $ 71,931 -0- 71,931 TOTAL FUNDING $180,473 Local Costs: -0- PRESENTER: James Fare, Administrator, Human Resources Agency JF:KHP:s1 " ;::'OR COUNTY USE or\! L Y ~_,Gun:\, Lh';~;i-i~t~~~cn.. Co,rrr-ra:::.7 r\,i,,;li:Dt:: C::Ei::e or. Ag~ns ~I, -7~(, L.ount\- :')e'-~arT~\er:"t- c..onlrcC~ F;evre5iE-'n'~o-;-I\J'= c..ontracTC-": ~!cerst- f\,;'_)rrtr.~e' ;;"";1 COUf\iT\' O~: SAN BERNARDINC ~ Ka~hr~rn H. Piche~te i Direc1:or OiJOpP.1 l.in:t l'~c, ; 5LJi:.-Cj:.llec: f\Jc. 38;- Ph.t:x:.2400 ... ;:.. to.. ""'411.'..,'"- ~:'~~'., ...y~ ~~- CONTRACT TRANSMITTAL Fu..c !\Ie. , ....ob Nc. I ;:'mOlJn~ c:'~ ConTrac ; $180,473 010 2189 156 : F-ro!ect Name: City of San Bernardino Sr. Nutr;tion Program ! i contract nas more than one payment or receiPt complete tne following' Payments estimate: Var i e s .":"poroximate Amount Each: Va ri ~c Contractor: Ci ty of San Bernardino Birth Date Federal 10 No. or Social Security No. Evlyn Wilcox, Mayor Contractor's Representative: Address: City Hall, 300 N. "D" St., San Bernardino, CA 92418Phone: (714) 383-5037 Nature of Contract: (Briefly describe the general terms of the contract.) On September 9, 1985, 'the Board of Supervisors approved a contract between the Office on Aging and the City of San Bernardino for the operation of a Senior Nutrition Program in the City of San Bernardino during FY 1985-86. Approval of the above recommendation will continue this program and provide for the serving of about 136,960 nutritious meals to senior citizens in FY 1986-87 at the following sites: Beautiful Light Inn, Healthways, H~ghland, Lytle Creek, Meadowbrook, Mill Center, Nickelson Center, San Bernardino Senior Center and Whitney Young Center. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing .// (/} /L - ~'_. ~--/ ~K1-12/ 1(("1_- County ounsel / j/ '7 h??j) /# .. .. Agency Administrator/CAD n"tA Date AFFIRMATIVE ACTION COMPLIANCE This is to certify that CITY OF SAN BERNARDINO Name of Contractor I xx r Has an "Approved" Affirmative Action Program and is in compliance with the San Bernardino County Affirmative Action Compliance Program for the NUTRITION FOR THE ELDERLY (Project) . Has an "Approved" Affirmative Action Program and meets the San Bernardino County Affirmative Action requirements for Annual Qualification for period (Dates) . Is exempt from compliance with the San Bernardino County Affirmative Action Compliance Program for (Project) due 'to Contractor does not conform to program's definition of contractor because Has not met the San Bernardino County Affirmative Action Compliance Program to qualify as a'Responsible Bidder. Returned for revision. The San Bernardino County Office on Aging Affirmative Action Compliance-Coordinator will render all possible assistance to the contractor in establishing an Affirmative Action Program: Address: San Bernardino County Office on Aging Contract Compliance Coordinator 686 E. Mill Street San Bernardino, CA 92415 Phone: (7l4) 387-2400 ~~~aM~/1. Bernardino County Contract Compliance Office Coordinator Office on Aging JUNE 19, 1986 Date Note: This form should be attached to the Clerk of the Board's copy and the Auditor's copy only. County of San Bernardino OoA - Form 02 10-21-82 f 1 I I 2 I 3 I 4 I' 5 I_ 6 7 8 9 City of San Bernardino BY SAN BERNARDINO COUNTY OFFICE ON AGING 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TEIS AGREEMENT, is made on the I/~ day of ~~~-~ , 19~, by and between the County of San Bernardino acti as the ~-Iea Agency on Aging, hereinafter called _ the Office on Aging or "OoA~ and City of San Bernardino direct service provider, hereinafter called "Contractor." The Older Americans Act of 1965, as Amended, provides for assistance to state and local agencies to develop nutri tion a~d social supportive services to meet the needs of older persons. The California Department of Aging has allotted funds to the Office on Aging for the purpose of administering a certain portion of said funds pursuant to said ~ct; and for the purpose oI"planning service programs and activities for older persons. WHEREAS, the OoA desires to use California Department OI 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 tbe funding, execution and operation of the program provided by this contract. 27 THEREFORE, in consideration of the mutual promises and 28 coyenants contained herein, the OoA and the Contractor agree as 29 follows: 33 8, Subc~ap~er C, Par CDA PM means "Title III Program Manual Aging. This manual is. based on Federal III published March 31, 1980 (CFR, Chapter 1321). Pertinent parts of 45 CFR, Sub-title 30 1. ~EFIKITIONS: 31 I for Area Agencies on 32 i regulatic:ls for Ti tIe 34 lA, Part i4, published June 3, 1980, have also been used. 2. ^ORK TO BE PERFORMED: The Con~ractor shall, in a :: 'sa::isfac"tory !:',anner as determined by the DoA, conduct, administer I I , I 1 !: Ii 2 3 i- 4 I! 5 ! 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Ii 3411 35 1/ 36 II I 37 ! a::d provide nutrition services for the elderly as defined in the a-ttached \\"ORK PROGRAM (Exhibit A) and PROGRAM BUDGET (Exhibit 3). ~he aforementioned and all other exhibits are, by this "=eference, made a part of this contract as if fully set forth herein. 3. PERFORMANCE STANDARDS AND REMEDIES: If for any reason 'tr:e CO:1tractor' s service falls below 90% of the contracted level du.ring any calendar quarter, the Contractor wi 11 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 in 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 renegotiate the -Contra~ted level of service and the budget, as appropriate. 4. TERMS: Terms of this agreement will begin on 1st day of -Julv '. 19~, and terminate on the 30th day of JtL'"'le , 19 -1!L, subject,. however, to early termination as herein provided. 5. COMPENSATION/SCHEDULE OF PAYMENTS: The maximum amount of funds awarded under this contract shall be $ 180,473 and shall be subject to availability of funds. Contractor may request, in writing, a payment advance totaling 10% of the contract amount under this agreement for start-up purposes~ Said advance shall be repaid the OoA in two equ.al installments from the May and June, 1987 reimbursements to contractor. Payment advances may be approved by the OoA subject to availability of funding. Contractor shall thereafter be cc:npensated monthly in arrears based upon the units of service provided the previous month. The rate per meal will be $0. 792 per co=pleted unit of service as identified in Exhibit B-1 and/or B-2, and as approved by the Office on Aging, subject to the availability of funds from the funding source. , ?aae 2 1 Project income should be approximately ~% of total 2 expenditures shown in Exhibit B-1 and/or B-2. 3 6. MATCHING SHARE: The Contractor will contribute a cash 4 t;nat.ch of $ -0- and/or an inkind match of $ 12,060 for a 5 total match of 10 percent of all expended OoA and matching funds. 6 Allowable match shall be in accordance with CDA Progr~"n Manual, 7 Part I, Section 200, Non-Federal resources. 8 7. FISCAL RESPONSIBILITY: The Contractor agrees to strictly 9 adhere to the approved budget, listed in Exhibit B-1 Contractor 10 will ensure that all expenditures are supported by properly executed 11 payroll, time records, invoices, contracts, vouchers, orders, 12 and any other accounting documents pertaining in whole or in part 13 to this contract. Such documents shall be clearly identified 14 and readily accessible to OoA staff, as may be required. 15 8. AUDIT: Within 90 days after the termination of this 16 contract, Contractor shall perform an audit and submit information 17 as required in the OoA Final Program Report. Requirements of 18 the Final Program Report will be in accordance with instructions 19 f-oundin the OoA Contractor's Manual. In the event of an audit 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. . 9. INSURANCE: The Contractor shall, maintain the - following coverage: a) General and Automobile Liability Insurance Prior to entering upon performance of this contract, the Contractor agrees to submit proof to the County of General and Automobile Liability Insurance in the amount of $1,000,000, combined single limits for bodily injury" and/or property damage, for the -period of the contract. Said policy shall constitute primary insurance protecting the County and Office on Aging and their officers, agents and employees, and shall name such government and persons as additional named insured. Said policy shall provide thirty (30) cays prior written notice to the County of cancellation or material change. b) Workers' Compensation Insurance Contractor agrees, throughout the period of the contract, to maintain in full force Page 3 1 and effect a policy of Workers' compensation program covering 2 all of its employees, and to submi t proof of such insurance to 3 the County, prior to entering upon performance of this contract. 4 'c) Blanket Fidelity Bond - Prior to entering upon performance 5 of this contract, the Contractor agrees to submit to the County 6 proof of a blanket fidelity bond in an amount equal to one month 7 of the contract payroll of the contract period, covering all 8 officials, employees and agents handling or having access to funds 9 received or disbursed by the Contractor under this contract, or 10 who re authorized to sign, or countersign checks. Said bond shall 11 constitute primary protection for the County, and the Office on 12 Aging, 'and their officers, agents, and employees. The bonding 13 company shall provide at least thirty (30) days prior written 14 notice to the County of cancellation or material change. 15 10. LICENSURE: Where the State or local public jurisdiction 16 within the State requires licensure for the provision of services, 17 the Contractor will, in performing the services stipulated in 18 __this c9ntract, obtain all necessary licenses. 19 11. REPORTS: Contractor, at such times and in such forms 20 as OoA may require, shall furnish OoA statements, records, reports, 21 data and information as OoA may request, pertaining to Contractor 22 performance of services hereunder and other matters covered by 23 this agreement. 24 12. INSPECTIONS: Contractor shall make available to OoA, 25 State or Federal officials, its records and data with respect 26 to all matters covered by this agreement for inspection and audit. 27 Said inspection and audit may be made at any time during normal 28 business hours after reasonable. notice (CDA PM, part G, Section 29 93.21 N 8). 30 13. MONITORING AND ASSESSMENT: Contractor shall permit OoA, 31 State or Federal officials to monitor, assess or evaluate 32 Contractor's performance under this agreement. Said monitoring, 33 assessment or evaluation shall include, but not be limi ted to, 34 project site visits and interviews with Contractor's employees 35 and agents providing the service under this agreement ana recipients 36 thereof. Contractor will ensure cooperation and shall attend Page 4 1 all meetings mandated by the OoA. 2 14. PROPERTY Y~NAGEMENT SYSTEM: All equipment, materials, 3 supplies or property of any kind purchased with OoA funds provided 4 I h~r~in shall be in accordance with CDA PM, Part G, Section 93.19, 5 . and if not fully expended or consumed prior to termination of 6 't.his contract shall be the property of the OoA, unless otherwise 7 directed by the OoA Director. The Contractor shall be held liable 8 for all losses of or damage to non-expendable equipment or material 9 resulting from negligence or improper implementation of safeguards. 10 The disposal, loss and/or destruction of property or equipment 11 shall be fully documented by the Contractor with copies thereof 12 provided to the OoA with the monthly report for the month in which 13 it occurred. Loss by vandalism or theft must be immediately 14 reported to the police. The OoA Director shall be notified of 15 the loss wi thin seventy-two (72) hours of discovery of the loss. 16 Equipment that is worn beyond economical repair may be turned 17 in to the OoA for accountability purposes. Replacement of the 18~tem shall require OoA authorization. Any equipment purchased 19 will be subject to review over the life of the equipment, and 20 if not used, under-used or misused, may be claimed by the OoA 21 for redistribution to other OoA projects. 22 15. AMENDMENTS TO THE CONTRACT: Any contract change requires . 23 amendment to the contract in writing and signed by both parties. 24 16. CONDITIONS AND GROUNDS FOR .SUSPENSION OR TERMINATION: 25 a) If the Contractor fails to comply with part or all of 26 the provisions of this contractual agreement or such other statutes, 27 executive order, OoA and California Department of Aging, and other 28 directives as may become gener$ally applicable at any time, the 29 OoA shall thereupon have the right to suspend or terminate the 30 contract by giving written notice to the Contractor specifying 31 't:he effective date thereof. Contents of the wri tten notice shall 32 be as specified in the OoA Contractor's Manual. A determination 33 as to non-compliance on the part of the Contractor shall include 34 but is not limi ted to: (l) failure to fulfill in a timely and 35 p:::-cper manner, i 1:.S work program requirements; (2) submission of 36 incorrect or incomplete reports; (3) improper or ineffective use ?age 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 of the funds provided ~r derived under this contract, as determined by OoA; (4) failure to comply wi th California Department of Aging rules and regulations. 'b j If the grant or other funding under which this contract is made is terminated, the OoA shall have cause to immediately terminate this contract. Notice of the termination shall be in writing to the Contractor. c) 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 become OoA property. d) . The Contractor shall be entitled compensation satisfactory for performance or allowable expenses necessarily incurred under this contract. e) Either party may terminate this contract upon thirty (30) days written notice to the other party. 17 . TRAINING AND MANPOWER DEVELOPMENT: The Contractor agrees to. p~rticipate in appropriate staff training and development provided by the OoA, the California Department of Aging and the Administration on Agi~g. 18. 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. Lists of older persons compiled pursuant to California Civil Code, Title 1-8, Section 1978.24 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). 19. PUBLICATIONS: Any books, reports, pamphlets, papers, or articles based on activities funded by this contract must contain an acknowledgment of funding by the San Bernardino County Office on Aging. 20. 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 Page 6 1 license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted resulting from the contract (CDA PM, Part G, Se'c'tion 93.19). 21. 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. 22. UNAUTHORIZED ACTIVITIES: All activities not expressly authorized by this agreement in Exhibit A shall be prohibited without the express written permission of the OoA Director or his authorized agent. 23. BINDING CONTRACT: In the event any portion of the contract is found to be invalid, the remaining portions shall continue to constitute a valid and binding contract. 24. 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 ag~eed upon to meet this goal (CDA PM, Part H, Section 107.5). 25. 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 of recipients. Methods of receiving contributions from recipients shall be handle~ in such a manner so as not to differentiate among individual's contributions publicly (CDA PM, Part H, Section. III.l) . Contractor will encourage participants to increase their donations if they can afford it. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 The Contractor 26. GREATEST ECONOMIC OR SOCIAL NEED: unde::stands that one of its responsibili t.ies under this contract is to insure that "preference will be given to providing services to older individuals with the greatest economic or social needs (Oloer Americans Act of 1965 as Amended, Amendments of 1984, Public Law 98-459, 306 (5) (A) )." "The term I greatest economic need I 34 I 3511 36 I I I I I. Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term 'greatest social need' 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 1984, Public Law 98-459, 306 (6))." Minimum program goals relating to minorities within this contract have been established by computing the percentage of minori ty elderly over 60 wi thin the geographic area served by the Contractor. 27. RELIGIOUS ACTIVITY PROHIBITED: There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of this contract. 28. HOLD HARMLESS: The Contractor agrees to indemnify, and hold harmless the County of San Bernardino and OoA, its officers, agents, and employees from any and all claims, actions at law or equity, and losses .accruing or resulting from any and all actions or omissions of the Contractor, his subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under employment insurance, social security and income tax laws. 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 'Co commencing performance of 'Che con't.ract. Copies of said laws, programs, and regulations are available upon request from the Page 8 20 I 211 22 23 24 25 26 27 28 29 30 31 32 33 34 I 35 36 1 San Bernardino County Contract Compliance Officer, 686 East Mill 2 Street, San Bernardino,' California 92415-0640. To the extent 3 applicable the prov~s~ons of said laws, programs and regulations " II' a~e · deemed to be a part of this contract as if fully set forth 5 :_ herein. 6 I 1. 7 8 9 10 11 12 13 14 15 16 17 18 19 The San Bernardino County Affirmative Action Compliance Program (See Exhibit C). 2. 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). 3~ . Rehabilitation act of 1973, as amended (handicapped) Pub. L. 93-112, as amended. 4. California Fair Employment Practice Act, Labor Code Section 1410 et. seq. 5. Civil Rights Act of 1964, as amended (42 USCA 2000a to 2000h-6) and Executive Order No. 11246, September 24, 1965, as ~ende~ by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60). 6~ Provisions against lobbying are as follows: The following statutory prov~s~on (part of Sec. 407 of Pub. L. 95-480, 92 Stat. 1589) has applied to all Health ?nd 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 qesigned 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 as direct or indirect costs to any. HHS grant av;arded 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 (OM) grants including the matching share. Page 9 1 2 3 4 any way to inhibit or lawful rights to attempt Congress as long as the Nothing in this notice is .intended in discourage any party from exercising its to influence legislation pending before . . 'costs are not charged to an OAA grant. This Agreement consti tu.:tes 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 8 understandings or agreements with respect to this agreement. 9 No variation or modification. of this agreement and no waivers 10 . of its provisions shall be valid unless in writing and signed 11 by the parties. 5 6 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 FOR THE OFFICE ON AGING: FOR THE CONTRACTOR: ~ ?/~ * ROBERT L. HAMMOCK( San Bernardino County Board of Supervisors g~77~ Evlyn Wilcox, Mayor City of San Bernardino AU6 1t 1986 (l1 . ~ .z-l,/f'/t DATE / DATE APPROVED AS TO FORM: 7/~Y% "- '. ~ ---~ -~-'- DATE ~) 7 //r/Lthhf~ leeputy County/ ounsel B ,?G:WD fiND CERT!FrFf/ TIlAT 1JliCUMFI'.JT [.!\" FW"';"" n A COpy OF THIS -,"\, 'j .,_' .' ,,' If,u ".>ctnl t;t.-,' jl/1:pr-r" 1- - .,' .-\ LiiA!h'iV:.i'u\J t)i: ,...., ,. .cU 0 THl: DATE ? ' /;,1) . !? ~ r/1. Gf t;i2 (;/:.:t,J.~:".! r.~ ,::cf S!;P~ivi:;cr,s ~~ '~' ,ao Er-r(';!..;;"O B- """':"'!".Jlll Y ~ ~~,yb ? epii ty ':44'J- Page 10 1 RESOLUTION NO. 86-287 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO ACTING 3 AS THE AREA AGENCY ON AGING RELATING TO FUNDING FOR A SENIOR.. N~TRITION PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City a 8 contract with the County of San Bernardino acting as the Area 9 Agency on Aging relating to funding for a Senior Nutrition 10 progiam, a copy of which is attached hereto, marked Exhibit "A" 11 and incorporated herein by reference as fully as though set forth 12 at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly " . 14 adopted by the Mayor and Cornmon Council of the City of San 15 Bernardino at a regular 16 the 21~t day of ~lnl y 17 to wit: 18 19 20 21 22 23 24 25 of 26 .:..... meeting thereof, held on , 1986, by the following vote, . /"- AYES: Council Members R~rrn~~, Rp;lly HArn~nnpz-, Mnrk~, Qn;pl. ~rr;~klpr NAYS: None ABSENT: COlln~il Memb~r Fra7.;er SHAUf\lA CLARK City Clerk The foregoing resolution is hereby approved this O<//~ day July , 1986. EVLYN WILCOX Mayor of the City of San Bernardino 27 Approved as to form: 28 (AfLUk g;-/<,) c~Attorney i~ f1 ~ ~: < ;.. .,:. ~" f r _ . n r'"~ ;:~ c -. :1 'S; o :J (.., c.; ...... c,.... ..~ ~C;O ( f l. ,~ f!') ~ - -< . .. C"': _ c r- ~ :r 5 ~~ .., =' ~. ..; 0 o .., V\ c- n r :;, C" '< - '< 0 ""1 "'1 ,.. C ...~ :-r ..::J o C ~ g ~ ;;' ::t ~ .., ~ r:. '''' ., =' CJ ,.. ,- ~.._IO o ,,~ ,.. -s ::r . Co. Q C -_ ::s 3 fi =..g ::J , o ~ 0 -. c- '< Co. n o = -6 c:: .... :2 - r!' :s &:::) "'Q I:> r+ ~ :::r M o 0 ::I "'0 M C> .., n D :s ....,. ~ c.g o 0 -... ::s - 3'< -- :::s o ~ - -s 0 - .... C'" '< 0 - II' :s " c. ... - < < " -~ c. c: c.. ~ c -~ M - ::s &I' c,:) - )< ..,. ~ ::r '<0 ~ ~ -r ... n o =' ..,. ... ~ o n .... c+ ~ "'C' ~~ - 1:1 0 ::J c... c:::. . o - 0... o -os 3- ,..,. :::r - :s r+ :r o n ,., :s "" c: '^ r+ .., c.. n r+ - "" - -. n . . -.:. ..,.# n n ~ - ~ > -: .., :... 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I U') r-i :z o N :z c: -i N :;::) r.l - :c c c: ~ V) > c r- m :r ~ r- ei') I ("') e c; ~ M ~ ~ r:1 -i - o :z -0 :;,::;:) o :;) :;,::;:) > 3: -0 :;,::;:) o e..- m n .-i . t'%j ~ :::T f-J. tr f-J. rt ~ ::0 rr1 - X t:) c: :;::J v. ~ c r- r:1 :r ~ r- t!) . C5 :c n o r:'\ r- <- n :;::J 1 r"1 o " \ TITLE III EXHIBIT "B" BUDGET SUMJ.1ARY FY 1986-87 Congregate ~ieals Home Delivered Meals u.s. DEPARTMENT OF AGRICULTURE . Congregate Meals Home Delivered Meals $108,542 -0- $ 71,931 -0- $108,542 ;. 71,931 TOTAL $180 , 473 ,.- --.. - .-.-.-.~,..~ ,___n..,J ':>""_..:':'~ ~.xxl ~ EXIIT BI T B-1 TITLE III-C BUDGETARY INFORMATION FOR C-l lxx I , C - r) i I ~ . PROJECT City of San Bernardino CONTR1\CT NO. _...,....::... ;..::..~:S:c....; .----, 1---1 07/86 Mo/Yr TO 07/87 Mo/Yr EFFECTIVE DATE: 07/01/86 ...-\.. . . I HATCH GRANT ,X?~-o!'l"ORES FUNDS CASH IN-KIt!~ TOTAL I. Salaries a:;:! ~~=gas (Attach Itemized r..ist) 101..581 6'1700 108..281 2. ==,ir.;:-e 5e~efi~s 18..418 18..418 3. Co~fer~ces/~aining -0- -0- ~. Local Sta~ f T:'"~vel 50 550 600 5. Eq-..1i?~e::t - ~;;er:.dab1e (Under $300) 2'1200 2..200 6. Equipoent -~:On-Expendable ( $300 and ove::-) -0- -0- 7. P.a" Food 136,960 X $1.27 161,763 12,176 173,939 '8. ;"cco~n ting/Aoei t -0- -0- 9. Consu=a~le Supplies 136,960 X . 0832/mea 1 . 11,395 11,395 . :>. !nsu=c?n~e -0- -D- . I. ?e?air anc ~aintenance I 3,000 3,000 ! (Meadowbrook) I 2. Rent/Builc;inq Spa.ca 4,800 1 , 449 6,249 3. ':eleopho:1e 796 796 I Utilities (Meadowbrook) 5,624 . 3,361 8',985 -=. ~?O 1:4gS , . 5. Ve~icle O;>erations . 3..560 3,560 t5. Contract Purchasing 2,054 - ~- 2,054 7. Office Suoolies.& Postaoe 300 300 8. .. 500 500 CODY Machine & Printina 9. Tax & license (Countv) 1,050 . 1 ,050 - o. :~ EXPENDI"I'OR.ES 317,091 24,236 341,327 l:J:iDING SOURCES ess: ?.=-cject Inco:ne 136,960 X $.9975029 ($1.00 136..618 136.618 'ess: l:o:l-%a 't:cn, USDA 136,960 x $.5252 71..931 12'1176 84,107 ~ss: l:o:1-:~a -::ch, other U)~ SE:A..~ 108,542 12,060 120,602 I ~t;,:per.. meal t~b~ OoA $0.792 J/:/~~ J - ~ a1,Ur~ ~-I(-ff~ - ~ E.:::?: Z:SD SIG~:;::t7?~ FOR '" DATE APPROVED, OFFICE ON AGING DATE ~:7?~C7 J..GE1:C:-,! ~; BZR~;,;p..DrNO CO~iTY .::.. - FO!il - 3!2 ':/24 ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE REGULATIONS .UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 City of San Bernardino (Name of Grantee or Contractor) (hereinaft.er" called the "Recipient of Award"), HEREBY AGREES that it will .::c:::?ly wit~ Title VI of the Civil Rights Act of 1964 (P. L. 33-352) and all =equirer.,ents imposed by or pursuant to. the Regulations of the Department ~f Health, Education and Welfare (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the ::egulation, no person in the United States shall,' on the ground of race '" .color, sex, age; or national origin, be excluded ."from participation in, be :.enied the benefits of or be otherwise subjected to discrimination under ,any program or activity for which' the Recipient of Award receives federal ::inancial assistance from the San Bernardino County Office on Aging: a :=ecipient of federal financial assistance from the Department~ and HEREBY GIV~S ASSURANCE that it will immediately take 'any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Recipient of Award by the Area Agency, this assurance shall obligate the Recipient of Award or in the case of any transfer. of such property, any transferee, for the period during which the real property or structure. i5-'. :used for a purpose for which -tbe federal financial assistance is extended o:.f for another purpose involved in the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Recipient of Award for the period during which the federal financial assistance is extended to it by the Area Agency. THIS. ASSURANCE- is given in. consideration of and for the purpose of obtaining and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient of Award by the Area Agency, including installment payments after such data on account of applications for .federal financial' assistance which were ,approved' before such date. The Recipient of Award recognizes and agrees that such federal financial. assistance will be extended in reliance on the representations and agreements made in this assurance, and seek judical enforcement of this ass~rance. This assurance is binding on the Recipient of Award, its successors, transferees' and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Recioi.ent of Award. .: .&~f~ )?~ By: City of San Bernardino (Recipient of Award) 7itle: ~ayor 300 North liD" Street Address Dated: , ."L ,Z;: /qt - -tf f San Bernardino, CA 92418 Exhibi t C