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HomeMy WebLinkAbout12992 10 11 12 13 14 15 16 17 18 19 20 21 22 21-. 24 25 26 27 28 1 RESOLUTION NO. ~o{5?57~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 3 RELATING TO THE NUTRITION FOR SENIORS PROGRAM. 4 BE IT RESQLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City 8 an Agreement with the County of San Bernardino relating to the 9 Nutrition for Seniors Program, a copy of which is attached hereto, marked Exhibit "An and incorporated herein by reference as fully as though set forth at length. . I HEREBY CERTIFY that the foregoing resolution was duly i adopted by the Mayor and Common Council of the City of San Bernardino at a ion the .;;zd day of vote, to wit: 1/t;;; , 1977, by the following meeting thereof, held AYES: r NAYS: ~ g)L~ ~> Y'-~i,'.thr~'/ resolution is hereby approved /7..&.day ABSENT: n The foregoing ~f ,(~tA&J' , 1977. FILED UCT 2 0 1977 LU~:L_~,G2~~ORTH. City Clerk .....~r, J"../., , '", ,;r,"J" .. ,""'?"" . .,. "..... . .. J " ,I 1 \' 2 3 -' 4 5 6 7 t 8 9 10 11 12 13 14 "- 17 18 19 20 21 22 23 24 25 26 27 28 -...e>V_ ,.y" ~~AiI COMMUNITY SERVICES DEPARTMENT OF SAN BERNARDINO COUNTY 602 South Tippecanoe Avenue San Bernardino, CA 92415 AGREEME!i! For Contracting Activities Under Department of Aging Grant No. 70673041 Contract No. THIS AGREEMENT entered into as of November 4 , 197 , including attached conditions, shall govern certain activities of I Ithe Nutrition for Seniors Program, financed under De;artment of IAging Grant No. 70673041; funding period July 1, 197)rthrough , iJune 30, 1978. 15 I I I I I , I "Contractor", on behalf of the San Bernardino County Community I iservices Department and the Board of Supervisors of San Bernardino! I I ! i Said activities will be carried out by the City of San ,Bernardino, a municipal corporation, hereinafter referred to as 16 County, hereinafter referred to as "Grantee". The Grantee and Contractor agree as follows: 1. Work to be performed. The Contractor shall, in a satisfactory manner as determined by the Grantee, perform all ! . Nutrition and supporting social services activities for the Nutrition for Seniors Program account as approved in the Depart- ment of Aging grant to the Grantee, for a period beginning December 1, 1977 and ending June 30. 1978 2. Compliance with the Program as Approved. The program authorized by this Agreement shall be performed to comply with the approved budget, the grant conditions and the Department of Aging policy requirements and directives. - 1 2 3 4 5 , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- -- 3. Reports, Records, and Evaluations. The Grantee shall supervise, evaluate, and provide guidance and direction to the Contractor in the conduct of activities delegated under this Agree ment. The Contractor agrees to submit to the Grantee such reports as may be required by the Department of Aging directives or by the Grantee. The Contractor shall maintain such records and accounts, including equipment, personnel, and financial records, as are deemed necessary by the Grantee or Program Director to assure a proper accounting for all program funds. All accounting records are to be kept readily available for examination by Grantee, the Department of Aging or personnel authorized to examine Title VII funds and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by both the Grantee and the Department of Aging. The Contractor further agrees that the Grantee may carry out monitoring and evaluation activities in the program and will effectively ensure the cooperation of the Contractor's employees and board members in such efforts. 4. Immovable Equipment. All equipment, fixtures and materials attached or affixed to the Contractor's building in a permanent manner or nature as prescribed in existing codes or regulations, for such subsequent installations, shall become the property of the Contractor upon termination of this Agreement. 5. Movable Equipment. All equipment, fixtures, or other properties which are of a movable nature and which have been purchased from program funds, either by the Grantee or the Con- tractor, shall remain the property of the Grantee. 6. Changes. The Grantee may from time to time, request -2- ...... 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 - :,... I changes in the scope of the services of the Contractor to be per- formed hereunder. Such changes, including any increases or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Grantee and the Contractor must be incorporated in written amendments to this Agreement. 7. Compliance with the Law. The Contractor shall comply with all applicable laws, ordinances and the Codes of the Federal, State and local governments. 8. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency or other organization ha been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For any breach or violation of this warrant, the Grantee shall have the right to annul this Contract without liability or, in its discretion, to deduct from the com- pensation, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee from the Contractor. 9. Payments and Accounting. The Grantee agrees to re- imburse the Contractor for authorized expenditures. An advance for estimated expenditures for one month will be made to the Contractor. The Contractor will submit a monthly Financial Report for expenditures of program funds. The Contractor will maintain statements of such funds that are sufficient to support payments under the Grantee's accounting procedures, established or approved by the Grantee's accountant. After receiving the monthly Financia Report, the Grantee will approve or disapprove the expenditures, and if approved, make additional payments to continue the program. The Contractor will maintain separate accounting records. Meal -'>- - 1 2 3 4 S (; 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 2S 26 27 28 ,." - fees collected will be deposited in Contractor's bank account daily, when feasible. 10. Termination of Contract. If, through any cause, the Contractor fails to fulfill in a timely and proper manner his obligations under this Contract, or if Contractor violates any of the covenants, agreements, or stipulations of this Contract, or if the grant from the financing source under which this Contract is made is terminated, the Grantee shall thereupon have the right to terminate this contract by giving reasonable written notice to the Contractor of such termination; specifying the effective date thereof. If the Contractor is unable or unwilling to comply with such additional conditions as may be lawfully imposed by the Grantee, the Contractor shall have the right to terminate this Contract by giving reasonable 30 days advance written notice to the Grantee, signifying the effective date of termination. In such event, the Grantee may require the Contractor to ensure that adequate arrangements have been made for the transfer of the con- tracted activities to another Contractor or the Grantee. Further, the Grantee may terminate this contract in the event the provision of the Nutrition for Seniors Program to the total community will be further expanded. In the event of termination, all movable property, finished or unfinished documents, data, studies, and reports purchased or prepared by the Contractor under this Con- tract shall, at the option of the Grantee, become its property. The Contractor shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Contract by the Contractor, and the Grantee may withhold any reimbursement to the Contractor for the purpose of setoff until -4- - 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - such time as the exact amount of damages due the Grantee from the Contractor is agreed upon or otherwise determined. 11. Liability Insurance Coverage. The Nutrition for Seniors Program shall be covered by the County of San Bernardino liability insurance policy and under such coverage as has been obtained specifically by the Grantee for the operation of the Nutrition for Seniors Program and Grantee shall hold Contractor, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims br damage, including all claims for personal injury, including death, claims for property damage and any and all other claims or liability which may arise from Contractor's operations under this Agreement, whether such operations b~ by Contractor or by anyone or more persons directly or indirectly employed by, or acting as agent for Contractor. Grantee agrees to, and shall, defend C6n~ra tor and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of my of the aforesaid operations. 12. Non-Federal Share. The Contractor will make certain contributions to the program. Such contributions shall be in cash and/or inkind per Attachment A. 13. Supportive Services. In accordance with the approved grant, the Grantee will provide within its capabilities, the Con- tractor with supportive services in these fields: nutrition, food services, social services, accounting and training. 14. Publication and Publicity. The Contractor may publish results of its functions and participation in the approved program -5- - ,~' 1 2 3 4 5 Ii .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - "Iili.. without prior review by the Grantee, provided that such publica- tions acknowledge that the program is supported by funds granted by the Department of Aging, and that five copies of each such publication are furnished to the Grantee, plus such other addition al copies as the Grantee may reasonably require. 15. COpyrights and Patent Rights. Any discovery or in- vention arising out of, or developed in the course of this program aided by, shall be governed in accordance with the regulations as set down by the state of California, Department of Aging, Title VII Nutrition Programs. 16. Discrimination in Employment Prohibited. The Con- tractor will not discriminate against any employee employed in the performance of this contract, or against any applicant for employ- ment in the performance of this contract beoause of race, creed, color, or national origin. The Contractor shall provide that all persons shall be recruited, hired, assigned, advanced, compensated retained and/or terminated on the basis of qualification and shall be treated equally without regard for race, creed, color, religion national origin, age or sex. In the event that the Contractor signs any contract which would be covered by Executive Order 10925 (March 6,1961) or Executive Order 11114 (June 22,1963), the Contractor shall include the equal-employment opportunity clau e specified in Section 301 of Executive Order 10925, as amended. 17. Discrimination Prohibited. No person in the United States shall, on the ground of race, creed, color or national origin, be excluded from participation in, be denied the proceeds of or be subject to discrimination in the performance of this contract. The Contractor will comply with the regulations promul- -6- ',...,..,. - - 1 gated by the Director of HEW, with the approval of the President, 2 3 pursuant to the Civil Rights Act of 1964 (45 C.F.R. Part 1010). 18. ~ri'ical Activity Prohibited. Funds, materials, 4 property or services contributed by the Grantee or the Contractor 5 under this contract shall not be used for any partisan political 6 activitYi ,or to further the election or defeat of any candidate 7 for public office. 8 19. Religious Activity Prohibited. There shall be no 9 religious worship, instruction, Qr proselytization instigated as 10 part of or in connection with the performance of this contract 11 except as proposed by participants and or site or Project Council, 12 and permitted by Title VII. 13 20. Project Council and,Site COuncil. The Contractor shal 14 ensure that a viable site Council is established and members 15 assume their, guideline responsibilities, including representation 16 on the Project Council. At least 66% of the Site Council member- 17 ship shall be project particip~ts of the Program. 18 IN WITNESS ~REOF, the parties hereto have executed this 19 Agreement on the date first hereinabove written. ATTEST: 20 CITY OF 21 B 22 23 24 ::~W'NO" ATTEST: 25 26 Clerk of the Board 27 28 -7- c o ~ o .. .,. ~", NUTRITION FOR SENIORS PROGRAM CITY OF SAN BERNARDINO B-U-D-G-E-T Paid to the City of San Bernardino ITEM ANNUAL MONTHLY ~ Personnel ~ I Cook III $3.23 @ 6 hrs. Cook II 3.07 @ 6 hrs. , ':' , Cook I 2.99 @ 5 hrs. Fringe Benefits 5,058.00 4,808.00 3,902.00 2,120.00 422.00 401. 00 325.00 177 . 00 Other Costs Office Supplies Vehicle Opperation Linen Supplies & Other Services Central Office Community Services Dept. 360.00 30.00 Disposable, Plates, etc. Central Office Raw Food Purchases 20,000.00 1,667.00 (Central Office) Revenue - Meal Fees MeaL,. F,ees @.ijJ per meal 13,050.00 ,I, 088 ,00 8ohtributions - In-Kind V()lurtteers Spa~e.Do~ation Utilities- 3,600.00 9,000.00 10,000.00 5,224.00 iOO.OO 750.00 833.00 ,519.00 f U.S.D.A. Commodities ") _--:.ti , . DRAFT DRAFT AMENDMENT NO. 1 to AGREEMENT --------- For Contracting Activities Under Department of Aging Grant No. 70673041 SUBJECT AGREEMENT dated November 4, 1977 is amended to include the following'subparagraphs under Paragraph 1, "Work to be Performed" a. The City shall provide in-kind space for a Nutrition "Site" at 600'West 5th Street, San Bernardino, Ca. 92410. b. The City will manage, conduct and otherwise perform all activities required to provide senior citizens with nutritious meals and social services as specified by the Department of Aging's regulations and policies governing grants funded under Title VII, Older Americans Act. c. The City will recruit, hire, and supervise the staff necessary to carry out project activities. d. The City will recruit volunteer staff to assist in project activities. e. The City will maintain full accountability of funds disbursed or advanced to it by the Community Services Department. Record keeping shall include: a separate account on payroll detail and payroll taxes paid to the State and Federal governments1 records on equipment placed at the Site1 and such other records as may be deemed necessary by the Grantee in meeting its obligations to the Department of Aging. f. The City shall maintain accountability of all meal fees collected. Funds thus collected will be deposited in an account designated by the Grantee. A record of deposits will be submitted . . , to the Grantee at least once monthly. g. Provide non-federal matching share in monthly increments and in amounts not less than $2,400 per month of operation and maintain records thereof. h. The Grantee agrees, subject to satisfactory performance by the City and availability of grant funds, to reimburse the City for authorized staffing eXpenditures outlined on the Approved Project Budget. The maximum amount of funds payable to the City during the period of the project shall not exceed $1,350.00 per month of operation. i. Provide reasonable technical assistance and supportive services. j. Disburse funds for expenses incurred against budgeted line items under Other Costs. ..