HomeMy WebLinkAbout1985-302 i
1 RESOLUTION NO. 85-302
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
: EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ACTING
3 AS THE AREA AGENCY ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR
THE PERIOD JULY 1 , 1985 THROUGH JUNE 30 , 1986 , TOGETHER WITH
4 ASSURANCE OF COMPLIANCE.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby
8 ' authorized and directed to execute on behalf of said City an
9 Agreement with the County of San Bernardino acting as the Area
10 Agency on Aging for the Senior Nutrition Program for the period
11 July 1, 1985 through June 30 , 1986 , together with an Assurance of
12 Compliance, a copy of which is attached hereto , marked Exhibit "A"
13 and incorporated herein by reference as fully as though set forth
14 j at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 ::! Bernardino at a reaular _ meeting thereof, held on
1985 , b the following vote ,
18 � the 5th day of E�Llaust . Y 9
19 11 to wit:
20 AYES: Council Members Estrada Re?L,T, F-J�-rnan P
21 Quiel Frazier Stri--);Ier
22 NAYS: None
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23 ABSENT: Co.,ncil Member Marks
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25 City Clerk
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1 f The foregoing resolution is hereby approved this 7th day
2 '!of August , 1985.
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mayor of the Ci bf San B6rnardino
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5 j�Approved as to form:
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7Cty At or ey
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MINUTES OF THE BOARD OF SUPERVISORS _
OF SAN BERNARDINO COUNTY, CALIFORNIA
September 9 , 1985
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 1985-86
(OoA)
RECOMMENDATION:
Approve a contract between the Office on Aging and the City
of San Bernardino in the amount of $170, 229 for the operation
of a Senior Nutrition Program to begin July 1, 1985 , and end
June 30, 1986 .
BACKGROUND:
On August 13, 1984, 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 1984-85 . ,
Approval of the above recommendation will continue this program
and provide for the serving of over 150, 000 nutritious meals
to senior citizens in FY 1985-86 at the following sites : San
Bernardino Senior Center, Meadowbrook, Beautiful Light Inn,
Healthways , and Mental Health Day Care Center.
REVIEW BY ADVISORY GROUP :
The Senior Affairs Commission approved of the Fiscal Year 1985-86
contract with the City of San Bernardino on June 13 , 1985.
Page 1 of 2
Action of the Board of Supervisors
cc: Office on Aging w/agreement AGREEMENT NO. 85-711
Cit of San Bernardino w/a e.
SIP-0-0-A-1— APPROVED BOARD OF SUPERVISORS
Auditor w/agreement COUNTY OF SAN BERNARDINO
BRA.
File w/agreement MOTION X Absent Second X Motion
1 2 3 4 5
MART EKERAK, C RK OF THE BO RD
BY S 0 9 1985
14-9507-000 DATED: ITEM 75
Rev. 10/81
Page 2 of 2
RE: SENIOR NUTRITION CONTRACT BETWEEN THE OFFICE ON AGING
AND THE CITY OF SAN BERNARDINO FOR FISCAL YEAR 1985-86
(OoA)
REVIEW BY OTHER DEPARTMENTS:
The Senior Nutrition Contract with the City of San
Bernardino has been reviewed and approved by Contract
Compliance and County Counsel.
FINANCIAL DATA:
The amount of the contract has been included in the
Department' s FY 1985-86 budget appropriations .
FY 1985-86
Expenditures : $ 170 , 229
Revenue :
Title III Older Americans Act,
as amended
C-1 - $121 , 123 .
C-2 -0-
121, 123
U. S. Dept. of Agriculture
C-1 $ 49 , 106
C-2 -0-
49 , 106
TOTAL FUNDING $ 170 , 229
Local Cost: -0
PRESENTER:
James Fare, Administrator, Human Resouces Agency.
JF:DHJ:sl
SEPTEMBER 9 , 1985 ITEM 75
FOR COUNTY USE ONLY
Contract Number
County Department 9s— 7//
office on A in
Contractor's License Number:
County Department Contract Representative
Dennis H. Jackson
�•. COUNTY OF SAN BERNARDINO Director Ph. Ext. 3861
Budget Unit No. Sub-Object No. Fund No. Job No. Amount of Contract
/ 170 229
's, - CONTRACT TRANSMITTAL 010 2189 156
If contract has more than one payment or receipt,
Project Name: complete the following: Varies
City of San Bernardino Payments Estimate:
Senior Nutrition Pro ra Varies
q Approximate Amount Each:
Contractor: Citv of San Bernardino
Birth Date Federal ID No. or Social Security No.
Contractor's Representative: Evel n Wilcox Ma or
Address:
Cit Hall 300 North D St. , 6th Floor Phone: (714 ) 383-5037
San Bernardino, CA 92418
Nature of Contract: (Briefly describe the genera(terms of the contract.)
On August 13 , 1984 , the Board of Supervisors approved
a contract for $206 , 403 between the Office on Aging and
the City of San Ber-nardino for the operation of a Senior
Nutrition Program in the City of San Bernardino. Amendment
No. 1 , approved by the Board on December 3, 1984 , increased
the amount of the contract by $16 ,780 . On July 1, 1985,
the Board of Supervisors approved Amendment No. 2 , which
decreased the amount of the contract by $20 , 118 to $203 , 065
and relieved the City of responsibility for home-delivered
meals .
Approval of the above recommendation will provide ongoing
service at the following sites : San Bernardino Senior
Center, Meadowbrook, Beautiful Light Inn, Healthways,
and Mental Health Day Care Center.
(Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) Reviewed for Processing
Approved as to Legai F rm Reviewed as to Affirmative Action
�jf ►
t Agency Administrator/CAO
Count Counsel C�
Date• Date
Date
f
1 I NOTIFICATION OF CONTRACT AWARD
2
CONTRACT NUMBER F3-- 7//
TO
4 of San Bernardino
�I BY
5 Il SAN BERNARDINO COUNTY
61
III OFFICE ON AGING
8
of THIS AGREEMENT, is made on the 9th day of September
10 19 85 ► by and between the County of San Bernardino acting as
11 the Area Agency on Aging, hereinafter called the Office on Aging
12 or "OoA" and the City of San Bernardino '
131 direct service provider , hereinafter called "Contractor . "
14
The Older Americans Act of 1965 , as Amended, provides
15 for assistance to state and local agencies to develop nutrition
16and social supportive services to meet the needs of older persons.
17 The California Department of Aging has allotted funds to
18 the Office on Aging for the purpose of administering a certain
19 portion of said funds pursuant to said act; and for the purpose
20I of planning and service programs and activities for older persons.
21 WHEREAS , the OoA desires to use California Department of
i!
22 monies to fund, the Contractor desires to operate and execute
23 a Senior Nutrition
24 Program. This Contract is executed to reduce to writing, the
25 specific terms and conditions covering the funding, execution
26 and operation of the program provided by this contract.
27
1, THEREFORE, in consideration of the mutual promises and
2811 covenants contained herein, the OoA and the Contractor agree
L9 as follows :
30 , 1 . DEFINITIONS: CDA . PM means "Title I-11 Program Manual for
Area Agencies on Aging. This manual is based on Federal
31
F 1980 ( CFR, Chapter
32 •' recalations for Title III published A.arch 31 ,
33 8 , Subchapter C, Part 1321 ) . Pertinent parts - of 45 CFR, Sub-title
-44 Part 74 , published June 3 , 1980 , have also been used.
3s
2 , WORK TO BE PERFORMED: The Contractor shall, in a
36 satisfactory manner as determined by the OoA, conduct, administer ,
I I
1
_ ! and perform the activities as outlined in the attached WORK PROGRAM
2 1�
(Exhibit A) , and PROGRAM BUDGET (Exhibit B) . The aforementioned
I and all other exhibits are , by this reference, made a part of
3 �� this contract as if fully set forth herein. Further, the
4
�41
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contractor agrees to meet the c-4arterly contracted level of service
5
61 d the specified performance standards unless there are
7
circumstances beyond the cone-actor ' s control such as natural
disasters, fire, theft, shortages of necessary supplies due to
labor disputes. For each quarter that service falls below 90%
of the contracted level, the contractor will submit an analysis
10 1
�1 i of the causes of the problem and any necessary actions to be
taken to correct the problem. If the problem continues, the
12
12 OoA will meet with the cone-actor to explore the problem and
13 develop an appropriate written corrective plan with time frames
,3 for completion. If the contractor does not carry out the required
Within the prescribed time frame, sanctions
6 corrective action `
17 will be applied as described in the OoA sanction policy. Continued
` 18 lack of corrective action will be cause for termination of the
}g
contract. If after all app-opriate actions are taken, service
20 level still falls below co% of the contracted level , the OoA
21 may renegotiate the contracted level of service and the budget
22 as appropriate.
23 3. CONTRACTOR LIABILITY: The Contractor shall be liable for
24 all labor and other direct expenses incurred in providing the
25 above listed services and shall assume any and all responsibilities
26 for Loss or damage resulting from negligence or acts of omission.
4. COMPLIANCE WITH LAWS, RULES AND REGULATIONS: The Contractor
27
to all applicable provisions of the Older
28 shall be subject
29 1
Americans Act and the regu ations and guidelines pertaining
30
thereto; to all other applicable Federal .laws and regulations ;
to X11 policie
3i i s of the Department of Health and. Human Services;
32
tc all applicable State of California laws ; 'and to policies and
+� �A, Section
procedures set forth by the OoA. ( CDA PM Part 5 ) .
's3 t�
34 Contractor will comply with all CAL/OSHA regulations and safety
; � codes and regulations as applicable.
�!
36 �; 5' CONTRACT PERIOD: Contractor is to commence performance
. .Pace 2
� 19 85
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of this agreement upon the lst day of July —
ii
and the -Contractor shall complete performance as contained in
2 �,
3 �: Exhibit A to the saest.action Of the OoA no later than the 30th
day of June , 19 86 subject; however , to early
5
termination as herein provided. This agreement may be renewed.
5 .
With the Contractor for up to three years at the discretion of
7 ;i the OoA. Renewal is subject to renegotiation and the availability
8 !J of funds .
il 6 . SGHEDULE OF pAv*:ENTS • The maximum amount of California
9 Ij -
�0 !; Department- of P.ging funds awarded under this contract shall be
$ 170, 229 , and shall be subject to receipt of funds
11
from the California Department of Aging.
12
12 Contractor shall provide assurance that all funds received
13 by the Contractor from the OoA shall be accounted for separately
14 in the Contractor ' s accounting system and segregated from all
� L received
�6 other funds under the Contracto:,. s control. Any funds
16 by the Contractor from OoA which have not been obligated prior
18 to the termination of this agreement shall be returned to OoA
t _
19 iMmediately thereafter.
The initial pa .�ert to t
2J he contractor shall be $14 ,186_ ,
21 after which payments shall be based upon the units of service
22 delivered during the previous month, cash requirements and cash
1 balance on hand, and shall not exceed $ 14 ,186 per month
23 -
24 unless approved in writing by the OoA Director. -
The initial payment to the Contractor shall be made within
25 1 L f service and thereafter payment
25- 1 one month of the commencement o
27 for each month' s services will be made no later than the 30th
L r provided, however , if Office on Aging
28 �i day o� the following month pro
_
29 does n f
ot receive its funds rom the California Department of
Aging for initial or monthly payments at least 30 days prior
�C) payment until 30
3i to their due date, office on Aging may delay
days after it receives such state funding.
32 ;= y
33 i{ 7" MATCHUNG SHARE' The -Conntractor will contribu-e - a cash
I of which $ 0
an
34 or i nkind match of 4 S 3 �8
35 ;i shall be cash and $ 13, 458 shall be inkind for a match
_6
+: cf 10 percet of all expended OOP. d hatching fund
J s. Allowable
n
'� ?ace 3 '
1 ; match shall be in accordance with CDA Program Manual, Part I,
2 4Section 200, Non-Federal Resources .
3 i8 . FISCAL RESPONSIBILITY: The Contractor agrees to strictly
4
adhere to the approved budget. Contractor will ensure that all
5 iexpenditures are supported by properly executed payroll, time
i
6 records , invoices , contracts , vouchers , orders, and any other
7l! accounting documents pertaining in whole or in part to this
8 � contract. Such documents shall be clearly identified and readily
5
accessible, and shall be maintained in accordance with the Account
10 Manual Section contained in the Office on Aging Contractor' s Manual
11 and the CDA PM, Part G, Section 93. 41 . In the event of conflict
12 between the provisions of this contract and the Accounting Manual,
13 the provisions of this contract shall prevail. Contractor shall
14 maintain and keep available all such documents for period not
15 less than three years from the termination of this agreement if
16 an OoA State or Federal audit has occurred, and for a period of
17 not less than five years from said date if such audit has not
18 occurred. In the event of audit exception, such documents shall
! 19 be maintained until every exception has been cleared to the
20 satisfaction of the OoA.
21 9 . AUDIT: Within .00 days after the termination of this
22 contract, Contractor shall perform an audit and submit information
23 as required in the OoA Final Program Report. Requirements of
24 the Final Program Report will be in accordance with .-instructions
25 found in the OoA Contractor' s Manual. In the event of an audit
26 exception, all documents referred to in Paragraph 8, FISCAL -
27 RESPONSIBILITY, shall be maintained and kept available until every
28H exception has been cleared to the satisfaction of OoA.
29I INSURANCE: The Contractor shall, prior to program
30 implementation and to the satisfaction of the OoA show proof that
31 � adequate amounts of insurance have been obtained by the Contractor
32 for the purpose of all phases of programming to . include but not
33 be limited to
34 ;� a ) Worker ' s Compensation Insurance as prescribed by the laws
35 i of the State of California. For insurance see Exhibit
b) A State qualified self-insured program of at least $500,000
36 I�
I! Pa_ ge 4
1 I
2. per occ
urence for bodily injury and property damage liability
y „^„ rate that it has procured
2 !ff combined. For insurance see Exhibit. E
3 ! c) Certificates of insurance to demonstrate
1 the required insurance, and na-m-' na the OoA and the County of San
5 CBernardino as additionally named insured.
61 d ) A surety bond conditicned on the Contractor' s faithful
7 pe_f ormance of this agreement.
� i LICENSURE• Where the Sate or local public jurisdiction
8 'yyam_• '
9ili within the State requires licensure for the provision of services,
io the Contractor will, in perk=m ng the services stipulated in
this contract, obtain all necessary licenses or meet the
i2 recuirements for licensure. (CDA PM, Part H, Section 105 ) .
:3 .� 2_ REPORTS: Contractor, at such times and in such forms as
furnish OoA statements , records, reports,
, 4 OoA may require, shall
15 data and information as OoA maV request pertaining to Contractor
?5 verformance of services hereunder and other matters covered by
this agreement. Reports include, but are not limited to the
ze following:
2.9 a) Monthly Program Report - due no later than the fifth (5th)
� working day f ollowing the month reported.
2
2 b) Monthly Expenditure Report - due no later than the fifth
L_
22 (5th) working day following the nonth reported.
23 c) Monthly Request for Funds and Cash Flow Report - due no
24 later than the fifth (5th) working day following the month reported.
25 d) Closeout Report - due no later than thirty (30) calendar
26 says after contract termination.
27 3_ INSPECTIONS: Contractor shall make available to OoA, State
2e
IF =e8era 1 officials , its records and data with respect to all
29 ` matters covered by this agreement
for inspection and audit. Said
30 inspection and audit may be made at any time .during normal business
Part G, Section 93 .41 ) .
31 hours after reasonable notice (CDA PM, ,
;2 ;� c . MON?TORING AND ASSESS?r�NT: Contractor shall permit OoA,
�3 s, State or Federal officials to
monitor, assess or evaluate
ii l least a
34 ,! Cc.!tractor' s performance under this agreement on at..
351 Cua,-terly basis. Said monitoring, assessment or evaluation to
ji "
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include, but not be limited to, project site visits and interviews
2 with Contractor ` s employees and agents providing the service
3 under this agreement and recipients thereof . Contractor will
4 ensure cooperation and shall attend all meetings mandated by
5 i the OoA.
6 ,
15 . PROPERTY MANAGEMENT SYSTEM: All equipment, materials,
7 supplies or personal property of any kind purchased with OoA
funds provided herein shall be in accordance with CDA PM, Part
8 I .
9 G, Section 93. 19 , and if not fully expended or consumed prior
,0 to termination of this contract shall be the property of the
, 1 OcA, unless otherwise directed by the OoA Director. The Contractor
12 shall be held liable for all losses of non-expendable equipment
13 or material resulting from negligence or improper implementation
14 of safeguards. The disposal, loss and/or destruction of property/
15 equipment shall be fully documented by the Contractor with copies
16 thereof provided to the OoA with the monthly report for the month
27 in which it occurred. Loss by vandalism or theft must be immed-
ig iately reported to the police. The OoA Director shall be notified
E
,o of the loss within seventy-two (72 ) hours of discovery of the
20 loss. Equipment that is wore beyond economical repair may be
21 turned in to the OoA for accountability purposes. Replacement
22 of the item shall require OoA authorization. Any equipment
23 purchased will be subject to review over the life of the erruipment,
24 and if not used, under-used or misused, may be claimed by the
25 OoA for redistribution to other OoA projects.
26 16. AMENDMENTS TO THE CONTRACT: The OoA may request changes
27 in the scope of services of the Contractor including, but not
28 limited to changes in the amount of the Contractor '_s project
20 funding level, match requirements , and project period . Any
30 increase in the project funding level or substantial change in
31 the attached Work Program must be incorporated in written bilateral
32 amendments to this contract. Line item budget changes, decreased
j 7
33 project funding level, and n inor changes in the attached Work
I P-
34 i Program are permissible when requested in writing by the Contractor
35 j and approved in writing by the Director of the OoA.
36 117 • CONDITIONS AND GROUNDS FOR SUSPENSION OR TERMINATION:
! Pace 6 '.
„
a ) If the Contractor fails to comply with part or all of the
.
2 `` provisions of this contractual agreement or such other statutes,
3 executive order , OoA and California Department of Aging, and
other directives as may become generally applicable at any time,
51' the OoA shall thereupon have the right to suspend or terminate
6 ! the contract by giving written notice to the Contractor specifying
the effective date thereof . Contents of the written notice shall
be as specified in the OoA Contractor ' s Manual. A determination
9l as to non-compliance on the part of the Contractor shall include
10 � but is not limited to: ( 1) failure to fulfill in a timely and
11 Proper manner, its work program requirements ; (2 ) submission
12 of incorrect or incomplete reports ; ( 3 ) improper or ineffective
13 j use of the funds provided or derived under this contract, as
14 �i determined by OoA; ( 4 ) failure to comply with California Department
15 of Aging rules and regulations.
--
16 b) If the Contractor is unable or unwilling to comply with
77 such additional conditions or directions as may lawfully imposed
18 by OoA on this contract, the Contractor shall have the right
t -
14 to:
20
( 1) Institute the OoA Grievance Procedure 'as outlined in the
21 OOP. Contractor ' s Manual, Contract Administration Procedures,
22 cr ( 2 ) terminate the contract by providing at least sixty ( 60)
23 days written notice to the OoA Director.
24 (c) If the grant or other funding under which this contract
25 is made is terminated, the OoA shall have cause to immediately
-ice of the termination shall be
26 terminate this contract. No
27 in writing to the Contractor.
28 d) Reclamation and Closure: In the event of termination,
29i=} all
funds, property, finished or unfinished documents, data,
30ij supplies, and reports obtained or prepared by the Contractor
31 under this contract shall , at the option of the OoA become • OoA
32 pr cperty.
33t e ) The Contractor shall be entitled compensation for any
34 allowable expenses - necessarily incurred in satisfactory
35 ± performance.
36s f ) The County may terminate this contract upon Thirty ( 30)
Face 7
f
.� days written notice to - the Contractor.
24 18 . TRAINING AND MANPOWER DEVELOPMENT: The Contractor agrees
; to participate in appropriate staff training and development
3 111
4 provided by the OoA, the California Department of Aging and the
M�
i Administration on Aging.
6El lo . TRAVEL REIMBURSEMENT: Contractor agrees to adhere to OoA
Travel Reimbursement policies as outlined in the OoA Contractor 's
8 �I Manual, Accounting Section.
geed 20. CONFIDENTIALITY: The Contractor will take steps to ensure
lo � that no information . about, or obtained from an individual, and
in the possession of the Contractor, will be discussed in a form
12 � identifiable with the individual, without the individual ' s informed
'
ed
23 consent. Lists of older persons comp p ursuant to California
el
14 Civil Code, Title 1-8, Section 179.8 . 24 will be used solely for
16 the purpose of providing social services, and only with the in-
,6 formed consent of each individual on such list (CDA PM, Part
17 B, Section 19. 1) .
is 21. DISCRIMI14ATION PROHIBITED: The Contractor shall comply -with
19 all Department of Health and Human Services regulations promulgated
20 pursuant to Title VI of the Civil Rights Act of 1964 . As
21 indication of his intent to comply, the Contractor shall complete
22 and sign an assurance of compliance with such regulations (AoA
23 Form 441 ) , which form, when completed and signed by the Contractor
24 shall be attached hereto and incorporated herein as Exhibit C. '
25 22. COVENANT AGAINST CONTINGENT FEES: The Contractor warrants
26 that no person or selling agency or other organization has been-
-27 employed or retained to solicit to secure this contract upon
28 an agreement or understanding for a commission, percentage,
- 25 ,� brokerage or contingent fee. For breach or violation of this
30
warrant, the OoA shall have the right to annul this contract
31 without liability, or, at OoA discretion, to deduct from the
32 � contract, or otherwise recover tae full amount of- such commission,
33 � percentage, brokerage , or contingent fee, or to- seek other remedies
34 ;i as legally may be available.
3523. PUBLICATIONS : Any books, reports, pamphlets, papers, or
36 � articles based on activities s=upported by this contract must
• ( -
�C Page 8 .
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i` contain an acknowledgement of that support.
2 24 . COPyRIG:;TS : If the contract results in a book or other
ccpy:ightable materials , the author is free to copyright the
ii
wcrf, but the OoA reserves a royalty-free, non-exclusive an
irrevocable license to reproduce, publish, or otherwise use,
6 and to authorize others to use, all copyrighted material and
�! all :material which can be copyrighted resulting from the contract
5
( C-,-A FY., Part G, Section 93 . 19 )
25. COA^ :C'=0F INTDE?=�` ENCE: The Contractor and the agents
_0 { and ernplovees of the Contractor in the performance of this
,Z j acreemnent shall act in an independent capacity and not as officers,
California, or the OoA.
121 or employees or agents of the State of
1_131 26 . UNAUTHORIZED ACTIVITIES: All activities not expressly
_4 authorized by this agreement shall be prohibited without the
i5 ex_ress written permission of the OoA Director or his authorized
ifi agent. -
E: This contract shall be binding
1.7 27 . CONTRACT NOT ASSIGNABL
lg i upon both the parties hereto and their respective executor,
ac- 3strator, successor and/or assigns but shall not be assignable
20 S,-i�hb11t the express w�it ten consent Of the OoA.,
21 25 . BINDING CONTRA': In the event any portion of the contract
22 is -ound to be invalid, the remaining portions shall continue
2� to constitute a valid and binding contract.
24 29 - PLANNING EFFORT. The Contractor agrees to cooperate with
com rehensive and
the OoA in its efforts toward developing a p
25 artici -atin
26 coordinated system of services for the elderly by p p g•
2i in joint planning efforts and other activities mutually agreed
2E
uoor. to meet this goal (CDA-PM-, Part H, Section 107. 0
2� 3 - CONTRIBUTION FOR SOCIAL S-ERVICES: The Contractor will
3� l provide older persons receiving such services the opportunity
f the
to contribute to all or part o costs of the social services
j' o=evided, Each individual recipient will determine what he is
-
1' service. No
?'s ale to contribute toward the cost of the . so lof his failure
34 cl�er person w-i11 be .denied a social service because
�5 tc eo:.tribui-e. No fee shall be required by the recipient. Methods
utions fro:rn recipients shall be handled in
of receiving con-rib
Page 9
{
{ such a manner so as. not to differentiate among individual' s
2I! contributions publicly ( CDA PM, Part H', Section III.1) .
3 i 31. POLITICAL ACTIVITY PROHIBITED: None of the funds , materials
4 property, or services contributed by the - OcA to the contractor
f
5 { under this contract shall be used for any partisan political
l;
6 ;, activity, or to further the election or defeat of any candidate
7 for public office.
gj� 32. GREATEST ECONOMIC OR SOC3F.L NEED: The Contractor understands
g that one of its responsibilities under this. contract is to insure
10 that "preference will be given to providing services to older
��
individuals with the greatest economic or social needs , with
11
1 particular attention to low-income minority individuals (Older
13 Americans Act of 1965 as Amended, Amendments of 1984 , Public
14 Law 98-459 , 306 ( 5 ) (A) ) . " "The . term ' greatest economic need'
,5 :means the need resulting from an income level at or below the
16 poverty threshold established by the .Bureau of the Census, and
17 the term ' greatest social need ' mean the need caused by
r
18 non-economic factors which include physical and mental
,g disabilities, language barriers , and cultural or social isolation
inciuding that caused by racial or ethnic sta tus which restricts
21 an individual' s ability to perform normal daily tasks or which
22 threatens his or her capacity to live independently. (Older
23 Americans Act of 1.065 as Amended, Amendments of 1984 , Public
24 Law 98-459 , 306. ( 6 ) ) . " Minimum program goals relating to
26 _minorities within this contract have been established by computing
25 the percentage of minority elderly over 60 within the geographic
27 area served by the Contractor.
28 33. RELIGIOUS ACTIVITY PROHIBITED: There shall be no religious
29 .1 worship, instruction, or proselytization as part of, or in
30
connection with, the performance of this contract.
31I 34. STATEMENT OF NON-LIABILITY: It is understood and agreed
12 ' that the OoA shall not be liable in any legal - action or tort,
33 contract or otherwise for any action of the provider arising
34 out of this agreement.
�,
j 35. HOLD HARMLESS: The contractor agrees to indemnify, defend,
,5 i
36 ''' and hold harmless the County cf San Bernardino, its officers,
�j Page 10
1 agents , and employees from any and all claims, actions at law
2 or equity, and losses accruing or resulting from any and all
3 actions of the contractor , his subcontractors , materialmen, �
4 and any other person, firm or corporation furnishing
I
5 ! or supplying work, services, materials or supplies in connection
6 �: with the performance of this contract.
7I Contractor agrees to fully comply with the laws and programs
8 � ( including regulations issued pursuant thereto) which are listed
9 following this paragraph. Such compliance is required to the
to extent that su-ch laws, programs and their regulations are, by
11 their own terms , applicable to this contract. Contractor warrants
12 that he will make himself thoroughly familiar with the applicable
13 provisions of said laws, programs and regulations prior to
14 commencing performance of the contract. Copies of said laws,
15 programs, and regulations are available upon request from the
_ 16 San Bernardino County Contract Compliance Officer, 686- East Mill .
17 Street] San Bernardino, California 92415. To the extent applicable
18 the provisions of said laws, programs and regulations are deemed
19 to be a part of this contract as if fully set forth herein.
20 1. The San Bernardino County Affirmative Action Compliance
21 Program.
22 2. Vietnam Era Veterans ' Readjustment Assistance Acts of 1972
23 and 1974 , as amended. Pub. L. 92-540, Title V, Section 503 (a) ,
24 Pub. L-93-508, Title IV, as amended, Section 402. (38 USCA
25 -2011-2013 )
26• 3. Rehabilitation Act of 1973 , as amended (handicapped) Pub.
27 L. 93-112, as amended.
28 4 . _ California Fair Employment Practice Act, Labor Code Section
29 1410 et. seq.
30 5 . Civil Rights Act of 1964 , as amended ( 42 USCA 2000a to
31 2000h-6 ) and Executive Order No. 11246 , September 24, 1965,• as
32 by Executive Order 11375 and as supplemented in Department
33 I` of Labor regulations ( 41 CFR, Part 60 ) .
34 s 6 . Provisions against lobbying, are set forth in Exhibit "D" . .
35 �i In addition, during the performance of this contract, the
36 Contractor agrees as follows :
i
�� Page 11
( 1) The Contractor will not discriminate against any el•
2 or applicant for employment because of race, color, reli gion,
ogee
I
3 sex, age or national origin. The Contractor will take affirmative
action to ensure that hiring will be without regard to race,
ational origin. Such action shall
5 color, religion, sex, age or n
the following: employm
6 include, but not be ent, up-
limited to
7
grading, demotion, or transfer ; recruitment or recruitment adver-
g tising; layoff or termination; rates of pay or other forms of
, including apprenticeship.
training,o compensation; and selection of g
10 The Contractor agrees to post in conspicuous places, available
11 to employees and applicants for employment, notices to be provided
12 by the contracting officer setting forth the provisions of this
13 non-discrimination clause.
14 (2) The Contractor will, in all solicitations or advertisements
15 for employees placed by or on behalf of the Contractor, state
16 that- all qualified applicants will receive consideration for
17 employment without regard to race, color, religion, sex, age
18 or national origin.
19 (3 ) The Contractor will send to each labor union or
tive of workers with which he has a collective bargaining
20 representa
21 1 agreement or other contract or understanding, a notice, to be.
22 provided by the agency contracting officer, advising the labor
23 union of worker' s representative of the Contractor' s commitments
24 under Section 202 of Executive Order No 11246 of September 24,
25 1965, and shall post copies of the notice in conspicuous places
26 available to employees and applicants for employment.
27 ( 4 ) The Contractor will comply with all provisions of Executive
28 � order No. 11246 of September 24 , 1965 , and of the rules,
i�29 { regulations , and order of the Secretary of Labor, or pursuant
3 thereto, and will permit access to his books ,- records, and accounts
30 II
31 by the contracting agency and the Secretary of Labor for purposes
r
32 � of 2nvestigat- on to ascertain compliance with such Lles,
33 j regulations and orders.
�i
34 ;) ; 5 ) In the event of the Contractor ' s non-compliance with the
3i
!i ;:on-discrimination clauses of this contract or with any of such
35 i
36 f! rules, reculati ons , or orders , this contract may
be cancelled,
i�
:! ?ace 12
t
ter^inated , or suspended in whole or in part and the Contractor
2 ; ;;ay be declared ineligible for further Government contracts in
3 accordance with proced.:res authorized in Executive Order 11246
o= September 24 , 196 , or by rule, regulations , or order of the
i'
+' Secretary of Labor , or as otherwise provided by law.
�f ( 6 ) The Contractor will include the provisions of Paragraphs
1 ( l) through (6 ) in every subcontract or purchase order unless
ex_npted by rules , regulations, or orders of the Secretary of
8 ° �
is
9 Labor issued pursuant to Sec-ion 240 of Executive Order 11246,
,0 ; of September 24 , 1965, so that such provisions will be binding
take
ilk upon each subcontractor or vendor. The Contractor will
1 such action with . respect to any subcontract or purchase order
12
13 91 as the contracting agency may direct as a means of enforcing
14
such provisions including sanctions for non-compliance; provided,
15 however , that in the event the Contractor becomes involved in,
threatened with litigation with a subcontractor or vendor
6 o_ _s��
as a result of such direction by the Contracting agency, the
28 �� Contractor may request
the United States to enter into such
t
19 ;� litigation to protect the interest of the United States. n
20 addition to the above, Contractor , will furnish all information
21" 13 and deports required by Executive Order 11246 of September 24,
22 1 2965 , to the San Bernardino County Contract Compliance Officer.
23 _
24
25
26'
27
28
29 ± _
30
3' i'
32 �!
33
34
;1
36
s4
Pace 13
1 This Agreement constitutes the entire agreement between the
2 i Contractor and the OoA with respect to the subject matter of
this agreement. There are no other or further written or oral
3
4 understandings or agreements with respect to this agreement.
5 No variation or modification of this agreement and no waivers
611 of its provisions shall be valid unless in writing and signed
7 � by authorized officer of the OoA and the Contractor.
8
APPROVED AS TO FORM BY FOR THE CONTRACTOR:
9
COUNTY COUNSEL:
10
12 Deputy County Cou, sel Evlyn Wilcox, Mayor
13 City of San Bernardino
14
15
16 �: AugList 7 , 1985
DATE DATE
18
r
19
20 FOR THE OFFICE ON AGING:
21
22
23
24 4obt 10 Townsend , Chairman DATE
25 San Bernardino County
Board of Supervisors
26
27 SEP 0 9 1985
DATE
28 City Atto ney
29
30
31
DATE
32
33
34
35
36
Page 14
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EXHIBIT "B"
BUDGET SUMMARY
FY 1985-86
TITLE III
Congregate Meals $121,123
Home Delivered Meals -0-
$121,123
U. S. DEPARTMENT OF AGRICULTURE
Congregate Meals $ 49, 106
Home Delivered Meals -0-
49 , 106
TOTAL $170,229
EXHIBIT c-1 C1 c-2
TITL3 III-C .
PROJECT City of San Bernardino
BUDGETARY INFORMATION
3ITIAL BUDGET FOR CONTRACT NO_
JDGET REVISION �� 7/85 TO 6/86 EFFECTIVE DATE: July 1 , 1985
Mo/Yr Mo/Yr
GRANT MATCH
'XPENDITURES FUNDS CASH IN-KIND TOTAL
•1. Salaries and Wages (Attach Itemized List) 76, 870 6 , 200 83 , 070
2. Fringe Benefits 12 , 877 12 , 877
3. Conferences/Training
50 550 600
4. Local Staff Travel
5. Equipment - Expendable (Under $300) 2,625 2 , 625
6. Ecuip7lent - Non-Expendable ($300 and over)
7. Raw Food 86 516 meals 1 . 20 9 U-9 7 ,7QO 10
8. Accounting/A1dit 4 ,600
9. Consumable S'"-pplies 8 , 250
L0. Insurance 1 000 1 1 000
L1. Repair and Maintenance 3, 834 3 834
L2. Rent/Building space 4 ,592 2 153 6 745
L3. Telep'sione I 885 885
14. Utilities 8 , 625 4 , 055 12 . 680
15. Vehicle Operations 2 ,113 2 , 113
L6. Office supplies & postage 200 200
L7. Printing & copy machine 300 300
L9. Purchasing 7 ,500 7 ,500
19. R & M space Medowbrook 1,653 1, 653
20. 428 428
Lic. & taxes (count 180 Meadowbrork r
TOTAL EXPENDITURES 232,521 20 ,658 253 ,179
FUNDING SOURCES
Less-: Project Income 86, 516 x .72 62,292 62, 292
Less: Yon-2•Iatch, USDA 86, 516 x . 5676 49,106 7 , 200 56 , 306
Less: Non-*latch, Other
FEDERAL SHARE 121, 12 3 13 , 4 5 8 13 4 , 581
UTHORIZED SIGNATURE FOR
DATE APPROVED, OFFICE ON AGING DATE
ONTRACT AGENCY
AN BERNARDINO COUNTY
oA - -Form - 312
/1/84 '
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF'
HEALTH, EDUCATION AND WEL- rR REGULATIONS UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
CitV of San Bernardino
(Name �f Grantee or Contractor )
'HEREBY AGREES that it will
.ze_eina_-n. called the "Recipient oL sward ) , L, 33-352 ) and all
o.:.oly wi= ` Title VI of the Civil Rights Act of 1964 (P
;Imposed by or pursuant to the Regulations of the Department
I ..eai-h, Education and Welfare ( .75 C_R Part 80 ) issued pursuant to that
'-h Title VI of that Act and the
itle, to the end that, in accordance wi..
s shall, on the gr ound of race,
e---,ration , no person in the United State
olc= , sex, ag° or national origin, be excluded from participation in, be
'e*+ied -,�e benef-is of or be otherwise subjected ft Award discrimination
federal
Iry o,-o -am or activity for which the Recipe
:; nancial assistance from the San d from County
Department ;
and 1nHEREBY
:ecipien, cf federal financial assistance o take an measures necessary to
;IVES ASSURANCE that it will immedia t_�ly Y
.ffectuate this agreement.
err or structure thereon is provided or improved with the
Lf any real property to the Recipient of Award by
yid or f ederal financial assistance exueniidate he Recipient of Award or
`he Area Agency, this assurance shall obligate
in the case of any transfer of such property, any transferee, for the period
5urin which the real property or structure is�used for a purpose for which
g purpose involved
-he federal financial assistance is extended benefits.or If oanyrpersonal property
in the provision of similar services or or
is so provided, this assurance shall , ob obligate
assistance is text extended tofit
the period during which the federal L_na
py the Area Agency.
,PHIS ASSU RANCy is given in consideration of and for the purpose of obtaining
and all f ederal grants ► loans , contracts , property, discounts or other federal
financial assistance .extended after the dame hereof
Recipient
on account
by he Area Agency, including ^ins�allment paym
of . applications for federal financial assistance which were approved before
t such federal
such date . The Recipient of Award recogn1zes an cea one the arepresentations
financial assistance will be extendec -n udical enforcement of this
and agreements made in this assurance seek, and j its
assurance. This assurance is binding on the Recipient ofersonsd� whose
successors , transferees and assignees , and the person or p
si c
successors '
appear below are authorized to sign this assurance on behalf of
the_ Rec=pient of Award.
City of San Bernardi Q
3y: (Recipient of Award)
t -
300 North "D" Street
Title : Mayor Address
/j � � San Bernardino CA 92418
Dated :
Exhibit C
AOA Form 441
pROVISIONS AGAINST LOBBYING
we direct the attention of potential grantees to the fact
that 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 that such a provision 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 as 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
certain costs
share
Older Americans Act (OAA) grants g
Nothing in this notice is intended in . any way to inhibit or
discourage 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.
Exhibit D
S u.f NCE AND TAXES :
Contractor shall maintain statutory workers ' Compensation Insurance
t c fully protect Contractor and County from any and all claims
under any workers ' compensation act or employer ' s liability laws .
Ccntractcr shall also maintain a comprehensive general and
automobile liability insurance policy or state approved self-insured
program with combined single limits of $500, 000 for bodily injury
Or property damage. Before the comatencement of their contract
the contractor shall provide the County with evidence of this
insurance, including a Certificate of Insurance naming the County
0 San Bernardino and OoA as an additional named insured.
Contractor shall indemnify, defend and hold harmless County and
OcA frcm and against and shall assume full responsibility for
payment of , all federal, state and local taxes or contributions
i=posed or required under employment insurance, social security%
ana income tax laws, with respec- to Contractor and Contractor' s
e-:ployees engaged in performance of this agreement.
i
Exhibit "E"