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RESOLUTION NO. / ~~d7
2 RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH, CONCERNING
3 THE ADMINISTRATION AND OPERATION OF A SENIOR COMPANION PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an agreement
with the State of California, Oepartment of Health, concerning the adminis-
tration and operation of a Senior Companion Program, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a ~"t-/
meeting thereof, held on the 7 Y-/J day of a~,-L, ,
1976, by the following vote, to wit: V
AYES: councilmen~/,~', . . ~ <d~~
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NAYS: '7~'
ABSENT: LfuL-/.-c'L1..7U~;V' /i4t" hk.! '- J _rLor7U~./
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'J City Clerk/
is hereby approved this ~day of
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The foregoing resolution
9-U.~- ,1976.
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Appro
FILED
JCiN 11 \07"
'v u
I,UCILLE GOFORTH, Cit}' Clerk
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D!O:""-. 0>= ::F:.;. S;:: ;-,
nM!D!\RD AGREEMENT -
s'r An,' (J;~ ~~ A ~.' F ~J fn, I A
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"i"',",RO-'~ THE
.e.'TOR~o.JERAL
C:ON,RI',,::,:;R'
-
STA1'E" AG.EN':'Y
CONTRO....L E:""
l'fll" '<'<P"L"lE"T . d d ' h' 15t!, , .',me 1976
_ :.'l/\.,.Ld-:'L..lY'l1...matlean entere intot lS___.__"':"-_.c1&~ nl_____ J __I
in [he Sw<::e of California, by and between Stale of Caliru!i'lld, t:.i.;oL:igh i:s 'Jul)' elected or appoi.nted,
qualified and acting
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"_:':-'""-fC ;;F-;,,"F-:Ci.ijr~Irfr.T'NG ,COR 5TtA'TE ~GENCY .. - n_ ~::;:;,::'::" -,--" --- , '< --
';le ( r1nanCh.l I',:lanagemen -
tlranch, < _125'P."!t;nen!.QU:te."-'th
~'f~rH(!fte; :;iJ1ed the Stille, una
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City of San BernS'-':~ino
:_~ereflfter C(Jilerllhe Con1wctor.
t,'ITNESSETH: That ti-le Cantractor for and in COilsideratlo;'. of the covenants, cunditions, agreements, and st3puloftolis of ~he S:a:e
hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows:
'Set fordl servic" t.J he rendered b~' Con true lor, (!motlnt to bo paid Cvn!ructor, time for J;wJomlO[U::e or GfJ1J1pletion. and nuaell plans and specificQd()~s. if liT.y.)
The contractor agrees to:
a. initiate, adminisl'er and operate a Senior Companion Program in accordance with federa!
reqCJire,nents as reflected in Publ ic Low 93-113, Title II, Domestic Volunteer Services Act
oftS'73 and the Senior Companion OPNotjOros Handbook for Sponsors.
b. recralt, train and assign senior companions to the program, giving priority to serving odu:t!
with developmental disabilities; and
c. operate the program to serve adult developmentally disabl rOfl1-~h~.oJ;\tario-
San Bernardino-Riverside area.
~
Developmentally disabled is defined as "0 disability attributable tornentgi _L<;tto.rdo.t"'*'~
cerebra I palsy, ep; lepsy, autism, or a neurolog; cally handicapping conditioif' fc"rd to be
closely'related to mental retardation or to require treatment similar to that re'1uirec: f:x
Th ' , tmentallv retar1ded I'ndivitluals. ThefdJsabilitv originates before the age of 18, is eXr.'''lcted
.e proVisIOns on ne t~verst~ sld~ lereo constTIute a part 0 tillS agrE'&ment. .
IN WITNESS WHEREOF, this agreerr.ent has b("e~1 t.:'xe
,
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Adult refers to individuals ovo::r age 18.
2.
"GEN~'(
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1. The Contractor agrees to indemnify, defend ilHd save harmless the State, its officers, agents
and employees from any and aU claims ~llld losses accruing or resulting tO~l.ny and all contracto~_
subcontractors, materialmen. laborers and any other peTson, firm or corporation .ftlrllishin~ or
supplying \vork, serv:ccs, matt.rials or supplies ill connection with the performance of this contract,
and from any and all claim.'; and IOS!il'S accruing or resulting to any pel"son, Rrm or corporation
who may be injured or darr.aged hy tbe Contractor in the performance of this eontraet.
2. The Contractor. and the agents and employees of Contraeior. in the performance of this
agreement, shall act in all independent capacity and not as officers or employees or agents of
State of California.
3. The State may termin,~te this agrl'ement and be Telieved of the payment of any consideration
to Contractor should Contractor fail t\l ~)('rfr;nn the coq'nanb lwrein '.::ontained at the time and
in the manner herein provided In the event of such tenYlination the State may proceed with the
work in any manner deemed propN hy the State. The cost to the State shall he dedncted from
any Slim due the Contractor uuder this "~reement. and the halanc~. if any, shall be paid. the
. Cont~actor upon demand. -
4. Without the written consent of the State, this agreement is not ,,"ssignahle by Contractor
either in ,whole or in part.
5. Time is the essence of this agreement.
6. No alteration or variation af the terms of this cOlltmct ~h3.11 he valid unh."ss made io writing
,and signed by the parties hereto, and no oral nnderstanding or agreement not ineorporat<:d her~in,
shall he binding on any of the parties hereto.
7. The consideration to he paid Contractor, as provided herein, shall be in compensation for
aU of Contractor's cxpeBse~~ incuned in the performance hereof, including travel and per diem,
UVkss otherwise expressly so provided.
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City of San Bernardino
Page 2
Contract Number 75-54349
to continue indefinitely, and constitutes a substantial handicap to the
individual. "
3. "Substantially handicapped describes a developmentally disabled individual
whose needs cannot be met adequately from participating in and benefiting
from those social, educotion, vocational, recreational, medical, and other
resources which generally are expected to be available to non-handicapped
individuals in the community."
2. Contractor agrees to accept as first priority clients, those referred by regional centers stoff
serving clients in the above defined geographical area.
3. Contractor agrees to recruit and assign project staff within three months of the execution of this
contract .
4. Contractor agrees to recruit, train and assign at least 30 senior companions within six months
of execution of this contract unless otherwise agreed upon in writing by the Stote of California.
5. Contractor agrees to negotiate, enter into and abide by a memorandum of agreement relative
to the program between ACTION, and the city of San Bernardino.
a. Such agreement will address details of compliance with the ACTION Senior C<>mpanion
-Operations Handbook for Sponsors, ACTION policies and procedures for business
management of domestic project grants No. 2650.2 and State of California requirements
in relotion to services to adult clients wi~h developmental disabilities.
b. The agreement shall include, but not be limited to, such matters os training of staff
and companions, administration and evaluation of the progrom, and fiscal and program
reporting requirements.
6. Contractor agrees to complete its part of negotiations and execution of said meMorandum of
agreement with ACTION within three months of execution of this contract, or such later dete
os is established with and agreed upon by the State of California.
7. Budget: (See attached Exhibit B)
8. Contractor agrees to explore with other cities participating the possibility of in-kind support,
not to exceed 10% of the toto I budget.
9. Contractor agrees not to charge or invoice the regional centers for services provided to clients
under this project without express prior approval by the Deportment of Health.
10. The total amount of this contract is not to exceed $196,POl.
(,)
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City of San Bernordino
Contract Number 75-54349
II . Method of poyment to contractor:
a. In consideration of the above services performed in the manner acceptable
to the State, the State shall reimburse to contractor monthly, in arrears, upon
submission of an invoice in triplicate stating the time covered and stating the
contract number for actual expenditures in accordance with the budget (attached
hereto); provided, however, that the contractor shall not exceed 25%, or $1,000,
whichever is less, any individual item in the budget; and that the"contractor
submit an explanation of the need for such excess with the claim for reimbursement
to: Deportment of Health, Developmental Services Program, 744 P. Street,
Sacramento, CA 95814.
.
b. Notwithstanding any provisions of Paragraph 11 (a) of this agreement, exceptions
to this monthly reimbursement will be made during the initial six months of the
project. During these months, reimbursement may be made in advance if in
accordance with Section I 0053.8 of the Welfare and Institutions Code. No
advance poyment made pursuant to this section shall exceed 25% of the total
annua I contract amount.
12. The attached Exhibit A (S) entitled, Additional Provisions and A I entitled Expendable and
Non-expendable equipment are rrode a port hereof by this reference.
13. The pedodofthis contract shall be June 15, 1976 through March 31,1978.
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Exhibit A (S)
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STATE OF CALIFORNIA
DEPARTMENT OF HEALTH
ADDITIONAL PROVISIONS
(1) The attached Fair Employment Practices Addendum (Standard Form 3) by
reference hereto is incorporated as part of this contract.
(2) Any reimbursement for necessary traveling expenses and per diem shaH be at rates
not to exceed those applicable to regular State employees under State Board of Control rules. No
travel outside. the State of California shall be reimbursed unless prior written authorization is
obtained from the State.
(3) AU equipment, material, supplies, or property of any kind purchased from funds
advanced or reimbursed under the terms of this agreement and not fully consumed in the work
described herein shall be the property of the State. At the time of purchase of equipment under the
terms hereof the Contractor shall submit a list of such equipment in accordance with the
instructions and format contained in the attached Exhibit A-I. Contractor shall, at the request of
the State, submit an inventory of equipment purchased under the terms of this contract or any
predecessor contract for the same purpose. Such inventory will be required not more frequently
than annually. At the close of the project covered by this agreement the Contractor shall provide a
[mal inventory to the State and shall at that time query the State as to the disposition of said
equipment. Final disposition of such equipment shall be in accordance with instructions from the
State to be issued immediately after receipt of the final inventory and request for disposition
instructions.
(4) Prior authorization in writing by the State will be required before the Contractor
will be reimbursed for any purchase order or subcontract exceeding $1,000 for any articles,
supplies, equipment or services or for any fee, or other payment, for consultation of one hundred
fifty dollars ($150) or more per day. The Contractor must provide in his request for authorization
all particulars necessary for evaluation of the necessity or desirability of incurring such cost, and as
to the reasonableness of the price or cost. For purchase of any item exceeding such minimum dollar
amount, three competitive quotations must be submitted with the request, or the absence of
bidding must be adequately justified. The Contractor must include in a written agreement with the
vendor, or the subcontractor the following clause:
("Name of Vendor or Subcontractor) agrees to maintain and preserve, until three years
after termination of (Contractor's name)'s agreement with the State of California, and to
permit the State of California or any of its duly authorized representatives to have access
to and to examine and audit any pertinent books, documents, papers and records of
(Name of Vendor or Subcontractor) related to this (purcbase order) or (subcontract). "
The terms "purchase order" and "subcontract" as used in this paragraph (4) only,
excludes: (a) purchase orders not exceeding $1,000; and (b) subcontracts or purchase orders for
public utility services at rates established for uniform applicability to the general public.
HAS 1198 14/76)
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(5) All personnel employed by the Contractor under this contract shall meet the
standards of training and experience required for comparable positions in State employment, as
determined by the State. If the Contractor maintains a local merit or civil service system, then the
personnel employed under the budget shall be subject thereto, providing such local system is
generally comparable to standards with the State civil service system as determined by the State.
(6) Examination of Records
(a) The Contractor agrees to maintain books, records, documents, and other
evidence pertaining to the costs and expenses of this contract (hereinafter collectively called the
"records") to the extent and in such detail as will properly reflect all net costs, direct and indirect,
of labor, materials, equipment, supplies and services and other costs and expenses of whatever
nature for which reimbursement is claimed under the provisions of this contract.
(b) The Contractor agrees to make available at the office of the Contractor at
all reasonable times during the period set forth in subparagraph (c) below any of the records for
inspection, audit or reproduction by an authorized representative of the Stare.
(c) The Contractor shall preserve and make available his records (i) for a
period of four years from the date of final payment under this contract, and (ii) for such longer
period, if any, as is required by applicable statute, by any other clause of this contract, or
by subparagraphs 1 or 2 below.
1. If this contract is completely or partially terminated, the
records relating to the work terminated shall be preserved and made available for a period of four
years from the date of any resulting fmal settlement.
2. Records which relate to (i) litigation or the settlement of claims
arising out of the performance of this contract, or (ii) costs and expenses of this contract as to
which exception has been taken by the State or any of its duly authorized representatives, shall be
retained by the Contractor until disposition of such appeals, litigation, claims, or exceptions.
(d) Except for the records described in subparagraph (c) 2 above, the
Contractor may in fulfillment of his obligation to retain the records as required by this clause
substitute photographs, microphotographs, or other authentic reproductions of such records, after
the expiration of two years following the last day of the month of reimbursement to the Contractor
of the invoice or voucher to which such records relate, unless a shorter period is authorized by the
State or its duly authorized representative.
(7) A fmal invoice and, if required by this contract, a final report shall be submitted by
the Contractor within 45 days after the termination date hereof except as may be otherwise
specified herein. If a fmal report is required by this contract final payment hereon shall be withheld
until after receipt by the State of an acceptable repott.
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Exhibit A (S)
(8) Any inventions made in the course of or under this contract shall be promptly and
fully reported to the Chief Deputy Director, California State Department of Health. Patent
applications shall not be fIled on such inventions without the prior wrirten consent of the
aforementioned individual.
(9) Officials Not to Benefit
No member of or delegate to Congress or the State Legislature shall be admitted to
any share or part of this contract, or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this contract if made with a corporation for its general benefit.
(10) Covenant Against Contingent Fees
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Contractor for the purpose of securing business.
For breach or violation of this warranty the State shall have the right to annul this contract without
liability or in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such commission, percentage, brokerage, or contingent fee.
(11) Inspection
The State, through its authorized representatives, has the right at all reasonable
times to inspect or otherwise evaluate the work performed or being performed hereunder and the
premises in which it is being performed.
(12) Nondiscrimination in Services, Benefits, and Facilities
The Contractor will not discriminate in the provision of services because of race,
color, creed, national origin, sex, age, or physical or mental handicap in accordance with Title VI of
the Civil Rights Act of 1964, 42 U.S.C. Section 2000d, rules and regulations promulgated pursuant
thereto, or as otherwise provided by state and federal law. For the purpose of this contract,
distinctions on the grounds of race, color, creed, or national origin include but are not limited to
the following: denying a participant any service or benefit or availability of a facility; providing any
service or benefit to a participant which is different, or is provided in a different manner or at a
different time from that provided to other participants under this contract; subjecting a participant
to segregation or separate treatment in any matter related to his receipt of any service; restricting a
participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving
any service or benefit; treating a participant differently from others in determining whether he
satisfied any admission, enrollment quota, eligibility, membership, or other requirement or
condition which individuals must meet in order to be provided any service or benefit; the
assignment of times or places for the provision of services on the basis of the race, color, creed, or
national origin of the participants to be served. The Contractor will take affirmative action to
ensure that intended beneficiaries are provided services without regard to race, color, creed, national
origin, sex, age, or physical or mental handicap.
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(13) Procedure for Complaint Process
The Contractor agrees that complaints aIleging discrimination in the delivery of
services by the contractor or his or her subcontractor because of race, color, national origin, creed,
sex, age, or physical or mental handicap, will be resolved by the State through the Department of
Health's Affirmative Action Complaint Process.
(14) Notice of Complaint Procedure
The Contractor shall, subject to the approval of the Department of Health, establish
procedures under which recipients of service are informed of their rights to me a complaint aIleging
discrimination or a violation of their civil rights with the Department of Health.
(15) Only Applicable to Hospitals
The Contractor will not discriminate against the intended beneficiaries of funds
monitored by the State because of race, color, creed, national origin or sex, in accordance with
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Ii 2000d, rules and regulations promulgated
pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to
ensure that intended beneficiaries are provided services without regard to race, color, religion, sex,
or national origin. Such action shaIl include, but not be limited to the following: advertisement
conspicuously displayed advising the public that emergency health services are available without
regard to race, color, religion, sex, or national origin and without regard to ability to pay.
(16) Only Applicable to Hospitals Accepting Medi-Cal Patients
The Contractor will not discriminate against the intended beneficiaries of funds
monitored by the State because of race, color, religion, sex, or national origin in accordance with
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Ii 200Od, rules and regulations promulgated
pursuant thereto, or as otherwise provided by law. The Contractor will take affirmative action to
ensure that intended beneficiaries are provided services without regard to race, color, religion, sex,
or national origin. Such action shall include, but not be limited to the following: advertisement
conspicuously displayed advising the public that Medi-Cal services are available to the public
without regard to race, color, religion, sex, or national origin.
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PAm EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, ancestry, sex*, age*, national
origin. or physical handicap*. The Contractor will take affirmative action to ensure that appli-
cants are employed, and that employees are treated during employment, without regard to their
race, color, religion. ancestry. sex*, age*. national origin, or physical handicap*. Such action
shall include. but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of payor other forms of com-
pensation; and selection for training, including apprenticeship. The Contractor shall post in
conspicuous places. available to employees and applicants for employment, notices to be pro-
vided by the State setting forth the provisions of this Fair Employment Practices section.
2. The Contractor will permit access to his records of employment, employment advertisements,
application forms. and other pertinent data and records by the State Fair Employment Practices
Commission, or any other agency of the State of California designated by the awarding authority,
for the purposes of investigation to ascertain compliance with the Fair Employment Practices
section of this contract.
3. Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment Practices pro-
vision to have occurred upon receipt of a final judgment having that effect from a
court in an action to which Contractor was a party, or upon receipt of a written notice
from the Fair Employment Practices Commission that it has investigated and deter-
mined that the Contractor has violated the Fair Employment Practices Act and has
issued an order, under Labor Code Section 1426, which has become final, or obtained
an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices prOVISIOn. the State shall
have the right to terminate this contract either in whole or in part, and any loss or
damage sustained by the State in securing the goods or services hereunder shall be
borne and paid for by the Contractor and by his surety under the performance bond, if
any, and the State may deduct from any moneys due or that thereafter may become due
to the Contractor, the difference between the price named in the contract and the
actual cost thereof to the State.
*See Labor Code Sections 1411 -1432.5 for further details.
3012'_7BO 12_7. 100M D OSP
STD. 3 (Rev. 11/74)
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INSTRUCTIONS
Please complete this report in duplicate, return the original to the
Department of Health, Business Services Section, 714 P Street, Sacramento,
California 95814, Attention: Property Control Element. The duplicate should
be retained by you for your records. For information - Tele: (916) 445-3107.
Upon receipt of the report listing non-expendable equipment that has
been acquired, the Department of Health will forward to you identification
decals which are to be affixed to the equipment by you or your staff.
IDENTIFICATION OF NON-EXPENDABLE EQUIPMENT
Within practical limits all equipment to be identified will be tagged
as follows:
Tables, desks, and
similar articles
Chairs
Place tag on upper left-hand
corner of the front of the
left leg or pedestal just
under the top.
Place tag at center of the
rear edge of the seat.
Place tag on the upper left-
hand corner of the front of
the frame.
One piece files
or cabinets
Upholstered furniture
Place tag on the side of an
exposed leg.
All items will have tags so placed as to be in plain sight and easily
read. Manufacturer's marks will be left intact.
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Contract No. 75.54349
EXHIBIT B
BUDGET . 18 ~
City of San Bernardino - Senior Companion Pilot Program
June 15, 1976 - March 31, 1978
PERSONAL SERVICES
Program Manager
Field Supervisor
Monthly
Salary
$1,359
774
100
100
$ 24,457
13,931
$ 38,388
% Time
To Project
Funding
This Contract Other
$ 83
$ 250
234
430
3,219
831
800
840
$ 4,964 $ 1,723
$196,801 $28,275
Subtotal
Senior Companion Volunteer Services:
Stipends (76,560 hrs @ $1.60/hr)
Meal Reimbursement (20,440 meals
@ $1. 25)
Travel Allowance
Insurance ($3.30 pr volunteer pr year)
Physical Examination (60 volunteers)
Recognition Ceremonies
$122,496
15,621
14,434
298
600
$153,449
Subtotal
SUPPLIES AND EQUIPMENT
Equipment (Use allowance)
Supplies
Postage
Xerox and Printing
Travel (Staff)
Telephone
Space Allowance.
Training
Subtotal
TOTAL BUDGET
$
$.9,929
9,623
7,000
$26,552
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STATE OF CALlFORNIA-HEALTH AND WELFARE AGENCY
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EDMUND G. BROWN JR.. Governor
Cit,. of San Bernardino
Ci t,. Ball
San Beraarcl1no, CA 92401
.
DEPARTMENT OF HEALTH
71~7," P STREET
W~~6'i"l~ORNIA 9581'
July 13, 1976
Re: Contract Number 75-54349
OearSirl
The enclosed contract has been approved by the State and should be retained as your record of this
agreement.
For program matters and for submission of invoices, please contaC\ hpUtaeDt of Health, Coatinuill8
Care Senic.. Section, 916 445-6067, 764 PSt. Ra. 527, Sacr._to, CA, 95814.
t!relY, !J~)
I~ Pittell
Contract Aaal,..t
Inclo.ure.
CCI Coatinuill8 Care Senice. Section
ESPI_
HAS 1209 (ens)
o
o
STATE OF CALIfORNIA-HEALTH AND WELFARE AGENCY
EDMUND G. BROWN JR., Governor
DEPARTMENT OF HEAlTH
.
714 P STREET
SACRAMENTO, CALIFORNIA 95814
(916)445-6067
Jillle 2, 1976
Mr. Bill Myers, Assistant. Director
Human Services Department
City of San Bernardino
498 W. Court Street
San Bernardino, California
Dear Mr. Myers:
Enclosed are four copies of the proposed contract which we would appreciate
your arranging to have Mayor Holcomb sign. The four copies should be re-
turned at your earliest convenience and should be accoq:>anied by four
certified copies of your City Council's approval.
Please be sure that each copy of the contract has an original signature.
The signed copies should be mailed to the Department of Health, Contract
Coordination Unit, 714 ''P'' Street, Room 1351, SacramElnto, California 95814.
A ;fifth copy of the contract is enclosed for your convenience as a temporary
record. Signature of the Assistant Chief, Financial Management Branch, will
be added upon receipt of the four copies signed by Mayor HOlcomb.
This agreement cannot be considered binding on either party unless and illltil
it is approved by the appropriate authorized State officials. Any filllds ex-
pended on the attached agreement before approval by the State and for which
payment is expected illlder the contract, may not be reimbursable in the event
the State should subsequently disapprove the agreement.
After app~ova1, the original copy of the contract will be returned to you.
~lY'
William
Conimmity source Developer
Treatment Services Division
WI..:jll,
cc: Contract Coordination Unit