HomeMy WebLinkAbout38-Parks and Recreation
~~ OF SAN BERNAR-"O - REQ~T FOR COUNCIL ~ION
From: ANNIE F, RAMOS, DIRECTOR OF~~~13olution authorizing an agreement
RECREATION & COMMUNITY SERVICES ~~ San Bernardino County for the
Dept: PARKS, RECREATION & COMMUNIi!l5s1lvU:E,M IIS~ol' ll\llrit ion program [or I"Y Bo;/Bfi
in the amount of $170,229
Date: JULY 15. 1985
Synopsis of Previous Council action:
Original agreement authorized by Resolution #84-585, 7-20-84
Amendment #1 authorized by Resolution 84-585 A-1, 11-13-84
Amendment #2 authorized by Resolution 84-585 A-2, 6-3-85
Recommended motion:
Adopt the Resolution,
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Contact person: Anne Rhodes
Phone: 5037
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount: -0-
Sou ree:
Finance:
Council Notes:
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CIR OF SAN 8ERNARDI~ - REQU8T FOR COUNCIL ACifON
STAFF REPORT
Approval of the agreement will enable the operation of the senior
nutrition program for FY 85/86,
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO ACTING
AS THE AREA AGENCY ON AGING FOR THE SENIOR NUTRITION PROGRAM FOR
THE PERIOD JULY 1, 1985 THROUGH JUNE 30, 1986, TOGETHER WITH
ASSURANCE OF COMPLIANCE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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 County of San Bernardino acting as the Area
Agency on Aging for the Senior Nutrition Program for the period
July 1, 1985 through June 30, 1986, together with an Assurance of
Compliance, 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
meeting thereof, held on
the
day of
, 1985, by the following vote,
to wi t :
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
day
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, 1985.
Mayor of the City of San Bernardino
Approved as to fOrm:
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'ty ~y
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NOTIFICATION OF CONTRACT AWARD
CONTRACT NUMBER
TO
City of San Bernardino
BY
SAN BERNARDINO COUNTY
OFFICE ON AGING
THIS AGREEMENT, is made on the day of
19....!!2., by and between the County of San Bernardino acting as
the Area Agency on Aging, hereinafter called the Office on Aging
or "OoA" and the City of San Bernardino
direct service provider, hereinafter called "Contractor,"
The Older Americans Act of 1965, as Amended, provides
for assistance to state and local agencies to develop nutrition
and social supportive services to meet the needs of olde~ 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 act; and for the purpose
of planning and service programs and activities for older persons,
WHEREAS, the OoA desires to use California Department of
Aging monies to fund, the Contractor desires to operate and execute
a
Program. This Contract is executed to reduce to ""writing, the
specific terms and conditions covering the funding, execution
and operation of the program provided by this contract,
THEREFORE, in consideration of the mutual promises and
coyenants contained herein, the OoA and the Contractor agree
as follows:
1. DEFINITIONS: CDA, PM means' "Title 'Ill Program Manual for
Area Agencies on Aging. This manual is based on Fed,eral
regulations for Title III publ~shed March 31, 1980 (CFR, Chapter
8, Subchapter C, Part 1321), Pertinent parts'of 45 CFR, Sub-title
A, Part 74, published June 3, 1980, have also been used,
2, WORK TO BE PERFORMED: The Contractor shall, in a
satisfactory manner as determined by the OoA, conduct, administe~,
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and perform the activities as outlined in the attached WORK PROG~
(Exhibit A), and PROGRAM BUDGET (Exhibit B). The aforementioned
and all other exhibits are, by this reference, made a part of
this contract as if fully set forth herein. Further, the
contractor agrees to meet the quarterly contracted level of service
and the specified performance standards unless there are
circumstances beyond the contractor'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
of the causes of the problem and any necessary actions to be
taken to correct the problem, If the problem continues, the
OoA will meet with the contractor to explore the problem and
develop an appropriate written corrective plan with time frames
for completion, If the contractor does not carry out the required
corrective action within the prescribed time frame, sanctions
will be applied as described in the OoA sanction policy. Continued
lack of corrective action will be cause for termination of the
contract, If after all appropriate actions are taken, service
level still ' falls below 90% of the contracted level, the OoA
may renegotiate the contracted level of service and the budget
as appropriate,
3, CONTRACTOR LIAB!LITY: The Contractor shall be liable for
all labor and other direct expenses incurred in providing the
above listed services and shall assume any and all responsibilities
for loss or damage resulting from negligence or acts of omission.
4, COMPLIANCE WITH LAWS, RULES AND REGULATIONS: The Contractor
sha~l be subject to all applicable provisions of the Older
~~ericans Act and the regulations and guidelines pertaining
thereto; to all other applicable Federal .laws and regulations;
to all policies of the Department of Health and, Human Services;
to all applicable State of Cal;ifornia laws; 'and to policies' and
procedures set forth by the OoA. (CPA PM Part A, Section 5),
Contractor will comply with all CAL/OSHA regulations and safety
codes and regulations as applicable,
5. CONTRACT PERIOD: Contractor is to commence performance
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this agreement upo~ the 1st day of July
and the Contractor shall complete performance as contained in
Exhibit A to the satisfaction of the OoA no later than the3~
day of June , 19~, subject; however, to early
termination as herein provided. This agreement may be renewed
wi th the Contractor for up to three years at the discretion of
the OoA. Renewal is subject to renegotiation and the availability
of funds,
6, SCHEDULE, OF PAYMENTS: The maximum amount of California
Department' of Aging funds awarded under this contract shall be
$ 170,229 , and shall be subject to receipt of funds
from the California Department of Aging,
Contractor shall provide assurance that all funds received
by the Contractor from the OoA shall be accounted for separately
in the Contractor I s accounting system and segregated from all
other funds under the Contractor I s control. Any funds received
by the Contractor from OoA which have not been obligated prior
to the termination of this agreement shall be returned to OoA
immediately thereafter,
The initial payment to the contractor shall be $14,186 ,
after which payments shall be based upon the units of service
delivered during the previous month, cash requirements and cash
balance on hand, and shall not exceed $ 14,186 per month
unless approved in writing by the OoA Director,
The initial payment to the' Contractor shall be made wi thin
one month of the commencement of service and thereafter payment
for each month's services will be made no later than the 30th
day of the following month provided, however, if Offic~ on Aging
does not receive its funds from the California Department of
Aging for initial or monthly payments at: least 30 days prior
to their due date, Office on Aging may delay payment until 30
days after it receives such state funding,
7. ~1ATCHING SHARE: The ~ontractor will contribute a cash
or inkind match of $ 13.4 'iR of which $ -0-
shall be cash and $ 13,458 shall be inkind for a match
of 10 percent of all expended OoA and matching funds, Allowable
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3 8. FISCAL RESPONSIBILITY: The Contractor agrees to strictly
4 I adhere to the approved budget. Contractor will ensure that all
5 lexpenditures are supported by properly executed payroll, time
6 records, invoices, contracts, vouchers, orders, and any other
7 accounting documents pertaining in whole or in part to this
8 contract. Such documents shall be clearly identified and readily
accessible, and shall be maintained in accordance with the Account
/;(
Program
Manua 1,
Part 0
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Manual Section contained in the Office on Aging Contractor's Manual
and the CDA PM, Part G, Section 93.41, In the event of conflict
between the provisions of this contract and the Accounting Manual,
the provisions of this contract shall prevail. Contractor shall
maintain and keep available all such documents for period not
less than three years from the termination of this agreement if
an OoA State or Federal audit has occurred, and for a period of
not less than five years from said date if such audit has not
occurred. In the event of audit exception, such documents shall
be maintained until every exception has been cleared to the
satisfaction of the OoA,
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21 9, AUDIT: Within 90 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 B, FISCAL
27 RESPONSIBILITY, shall be maintained and kept available until every
28 rexception has been cleared to the satisfaction of OoA,
29 0.' INSURANCE: The Contractor shall, prior to program
30 I 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:
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I a) Worker's
I, of the State of
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! b) A State
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Compensation Insurance as prescribed by the laws
California. For insurance see Exhibit "E".
qualified self-insured program of at least $500,000
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limit per occurence for~OdilY injury and property damage liabil~y
combined. For insurance see Exhibit "E".
c) Certificates of insurance to demonstrate that it has procured
the required insurance, and naming the OoA and the County of San
Bernardino as additionally named insured.
d) A surety bond conditioned on the Contractor's faithful
performance of this agreement.
1. LICENSURE: Where the State or local public jurisdiction
within the State requires licensure for the provision of services,
the Contractor will, in performing the services stipulated in
this contract, obtain all necessary licenses or meet the
requirements for licensure. (CDA PM, Part H, Section 105),
2. REPORTS: Contractor, at such times and in such forms as
OoA may require, shall furnish OoA statements, records, reports,
data and information as OoA may request pertaining to Contractor
performance of services hereunder and other matters covered by
this agreement, Reports include, but are not limited to the
following:
a) Monthly Program Report - due no later than the fifth (5th)
working day following the month reported.
b) Monthly Expenditure Report - due no later than the fifth
(5th) working day following the month reported.
c) Monthly Request for Funds and Cash Flow Report - due no
later than the fifth (5th) working day following the month reported,
d) Closeout Report - due no later than thirty (30) calendar
days after contract termination.
3. INSPECTIONS: Contractor shall make available to OoA, State
or Federal officials, its records and data wi th resp~ct to all
matters covered by this agreement for inspection and audit. Said
inspection and audit,may be made at any time .during normal business
hours after reasonable notice (CDA PM, Part G, Section 93,(1),
14. MONITORING AND ASSESSMENT: Contractor shall permit OoA,
State or Federal officials to monitor, ,assess or evaluate
Contractor's performance under this agreement on at, least a
quarterly basis, Said monitoring, assessment or evaluation to
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include, but not be li~ted to, project site visits and intervi~
with Contractor's employees and agents providing the service
under this agreement and recipients thereof. Contractor will
ensure cooperation and shall attend all meetings mandated by
the OoA,
15, PROPERTY MANAGEMENT SYSTEM: All equipment, materials,
supplies or personal property of any kind purchased with OoA
funds provided herein shall be in accordance with CDA PM, Part
G, Section 93,19, and if not fully expended or consumed prior
to termination of this contract shall be the property of the
OoA, unless otherwise directed by the OoA Director, The Contractor
shall be held liable for all losses of non-expendable equipment
or material resulting from negligence or improper implementation
of safeguards, The disposal, loss and/or destruction of property/
equipment shall be fully documented by the Contractor with copies
thereof provided to the OoA with the monthly report for the month
in which it occurred, Loss by vandalism or theft must be immed-
iately reported to the police, The OoA Director shall be notified
of the loss wi thin seventy-two ( 72) hour s of discovery of the
loss, Equipment that is worn beyond economical repair may be
turned in to the DoA for accountability purposes, Replacement
of the item shall require OoA authorization, Any equipment
purchased will be subject 1:0 review over the life of the equipment,
and if not used, under-used or misused, may be claimed by the
OoA for redistribution to other OoA projects,
16, AMENDMENTS TO THE CONTRACT: The OoA may request changes
in the scope of services of the Contractor including, but not
limited to changes in the amount of the Contractor~s project
funding level, match requirements, and project period. Any
increase in the project funding level or ,substantial change in
the attached Work Program must be incorporated in written bilateral
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amendments to this contract. Line item budget changes, decreased
project funding level, and minor changes in the attached Work
Program are permissible when requested in writing by the Contractor
and approved in writing by the Director of the OoA,
17, CONDITIONS AND GROUNDS FOR SUSPENSION OR TERMINATION:
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a) If the ContraQr fails to c'2PlY with part or all' o?the
provisions of this contractual agreement or such other statutes,
executive order, OoA and California Department of Aging, and
other directives as may become generally applicable at any time,
the OoA shall thereupon have the right to suspend or terminate
the contract by giving written notice to the Contractor specifying
the effective date thereof. Contents of the written notice shall
be as specified in the OoA Contractor I s Manual, A determination
as to non-compliance on the part of the Contractor shall include
but is not limited to: (1) failure to fulfill in a timely and
proper manner, its work program requirements; (2) submission
of incorrect or incomplete reports; (3) improper or ineffective
use of the funds provided or derived under this contract, as
determined by OoA; (4) failure to comply with California Department
of Aging rules a~d regulations, '~.s ')
b) If the Contractor is unable or unwilling to comply with
such additional conditions or directions as may be lawfully imposed
by OoA on this contract, the Contractor shall have the right
to:
(1) Insti tute the OoA Grievance Procedure as outlined in the
OoA Contractor' s 'Manual, Contract Administration Procedures,
or (2) terminate the contract by providing at least sixty (60)
days written notice to the OoA Director.
(c) If the grant or other funding under which this contract
is made is terminated, the OoA shall have cause to immediate~y
terminate this contract, Notice of the termination shall be
in writing to the Contractor,
d) ~eclarnation 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.
e) The Contractor
allowable
expenses,
shall be entitled compensation for any
necessarily incurred in satisfactory
performance.
f) The County may terminate this contract upon Thirty (30)
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days written notice to,the Contractor.
18, TRAINING AND MANPOWER DEVELOPMENT: The Contractor agrees
to participate in ,appropriate staff training and development
provided by the OoA, the California Department of Aging and the
Administration on Aging.
19. TRAVEL REIMBURSEMENT: Contractor agrees to adhere to OoA
Travel Reimbursement policies as outlined in the OoA Contractor's
Manual, Accounting Section,
20. 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 179.8,24 will be used solely for
the purpose of ~roviding social services, and only with the in-
formed consent of each individual on such list (CDA PM, Part
B, Section 19,1),
21. DISCRIMINATION PROHIBITED: The Contractor shall comply with
all Department of Health and Human Services regulations promulgated
pursuant to Title VI of the Civil Rights Act of 1964, As
indication of his intent to comply, the Contractor shall complete
and sign an assurance of compliance with such regulations (AoA
Form 441), which fcrm, when completed and signed by the Contractor
shall be attached hereto and incorporated herein as Exhibit C,
22. COVENANT AGAINST CONTINGENT FEES: The Contractor warrants
that no person or selling agency or other organization has been'
employed or retained to solicit to secure this contract upon
an ,agreement or understanding for a commission, percentage,
brokerage or contingent fee, For breach or violation of this
warrant, the OoA shall have the right to annul this contract
without liability, or, at OoA discretion, to deduct from the
contract, or otherwise recover the full amount of such commission,
percentage, brokerage, or contingent fee, or to seek other remedies
as legally may be available.
23. PUBLICATIONS: Any books,
articles based on activities
reports, pamphlets, papers, or
supported by this contract
must
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cor.tain an aCknOwledg~ent of that s~port,
24. COPYRIGHTS: If the contract results in a book or other
copy=ightable materials, the author is free to copyright the
work, but the OoA reserves a royalty-free, non-exclusive and
irrevocable license to reproduce, publish, or otherwise use,
anc to authorize others to use, all copyrighted material and
all material which can be copyrighted resulting from the contract
CCDA PM, Part G, Section 93,19).
25. CONTRACTOR INDEPENDENCE: The Contractor and the agents
anc 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, or the OoA,
26. UNAUTHORIZED ACTIVITIES: All activities not expressly
authorized by this agreement shall be prohibited without the
express written permission of the OoA Director or his authorized
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agent.
27. CONTRACT NOT ASSIGNABLE: This contract shall be binding
upon both the parties hereto and their respective executor,
a~nistrator, successor and/or assigns but shall not be assignable
without the express written consent of the OoA.
28, 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,
29, PLANNING EFFORT, The Contractor agrees to cooperate with
the OoA in its efforts toward developing a comprehensive and
coordinated system of services for the elderly by participating
in joint planning efforts and other activities mutually agreed
u~on to,meet this goal CCDA-PM, Part H, Section 107,5),
30. CONTRIBUTION FOR SOCIAL SERVICES: The Contractor will
provide older persons Teceiving such services the opportunity
to contribute to all or part of the costs of the social services
provided. Each individual recipient will determine what he is
able to contribute toward the cost of the, social service. No
older person will be.denied a social service because of his failure
to contribute, No fee shall be required by the recipient. Methods
of receiving contributions from recipients shall be handled in
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such a manner so as, not to differentiate among individual's
contributions publicly (CDA PM" Part H, Section 111.1),
31. POLITICAL ACTIVITY PROHIBITED: None of the funds, materials
contractor
property, or services contributed by the, OoA to the
under this contract shall be used for any partisan
acti vi ty, or to further the election or defeat of any
for public office,
32. GREATEST ECONOMIC OR SOCIAL NEED:
political
candidate
The Contractor understands
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that one of its responsibilities under this contract is to insure
that "preference will be given to providing services to older
individuals with the greatest economic or social needs, with
particular attention to low-income minority individuals (Older
Americans Act of 1965 as Amended, Amendments of 1984, Public
Law 98-459, 306 (5) (A) )," "The term 'greatest economic need'
means the need resulting from an income level at or below the
poverty threshold established by the' Bureau of the Census, and
the term ' greatest social need' mean 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, 1~endments 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 minority elderly over 60 within the geographic
area served by the Contractor,
33, RELIGIOUS ACTIVITY PROHIBITED: There shall be no religious
worship, instruction, or proselytization as part of, or in
connection with, the performance of this contract,
34, STATEMENT OF NON-LIABILITY: It is understood' and agreed .
that the OoA shall not be liable in any legal action or tort,
contract or otherwise for any action of the prov;der arising
of this agreement,
HOLD HARMLESS: The contractor agrees to indemnify, defend,
hold harmless the County of San Bernardino, its officers,
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361 and
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agents, and employees from any and all claims, actions at law
or equity, and losses accruing or 'resulting from any and all
actions 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,
Contractor agrees to fully comply with the laws and programs
(including regulations issued pursuant thereto) which are listed
following this paragraph, Such compliance is required to the
extent that such laws, programs and their regulations are, by
their own terms, applicable to this contract. Contractor warrants
that he will make himself thoroughly familiar with the applicable
provisions of said laws, programs and regulations prior to
commencing performance of the contract. Copies of said laws,
programs, and regulations are available upon request from the
San Bernardino County Contract Compliance Officer, 686 East Mill
Street, San Bernardino, California 92415, To the extent applicable
the provisions of said laws, programs and regulations are deemed
to be a part of this contract as if fully set forth herein,
1, The San Bernardino County Affirmative Action Compliance
Program.
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
amended by Executive Order l137~ and as supplemented in Department
of Labor regulations (41 CFR, Part 60),
6, Provisions against lobbying, are set forth in Exhibit "D",
In addition, during the performance of this contract, the
Contractor agrees as follows:
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(1) The Contractor, will not discriminate against any employee
or applicant for employment because' of race, color, religion,
sex, age or national origin, The Contractor will take affirmative
action to ensure that hiring will be without regard to race,
color, religion, sex, age or national origin. Such action shall
include, but not be limited to the following: employment, up-
grading, demotion, or transfer; recruitment or recruitment adver-
,
tising; layoff or termination; rates of payor other forms of
compensation; and selection of training, including apprenticeship,
The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided
by the contracting officer setting forth the provisions of this
non-discrimination clause,
(2) The Contractor will, in all solicitations or advertisements
for employees p~aced by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, age
or national origin,
(3) The Contractor wi 11 send to each labor union or
representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor
union of worker's represer:tative of the Contractor's commitments
under Section 202 of Executive Order No 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive
Order No. 11246 of September 24, 1965, and of the rules,
regulations, and order of the Secretary of Labor, or pursuant
thereto, and will permit access to his books,' records, and accounts
by the contracting agency and the Secretary o~ Labor
of investigation to ascertain compliance with
re~ulations and orders.
(5) In the event of the Contractor I s non-compliance with the
non-discrimination clauses of this contract or ~dth any of such
rules, regulations, or orders, this contract. may be cancelled,
for purp<;lses
such rules,
Page 12
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2
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8
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30
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0'0 0
terminated, or suspended in whole or in part and the Contractor
may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246
of September 24, 1965, or by rule, regulations, or order of the
Secretary of Labor, or as otherwise provided by law,
(6) The Contractor will include the provisions of Paragraphs
(1) through (6) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 240 of Executive Order 11246,
of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor, The Contractor will take
such action with respect to any subcontract or purchase order
as the contracting agency may direct as a means of enforcing
such provisions including sanctions for non-compliance 1 provided,
however, that in the event the Contractor becomes involved in,
or is threatened with li ti gation with a subcontractor or vendor
as a result of such direction by the Contracting agency, the
Contractor may request the United States to enter into such
litigation, to protect the interest of the United States, In
addition to the above, Contractor will furnish all information
and reports required by Executive Order 11246 of September 24,
1965, to the San Bernardino County Contract Compliance Officer,
3S
36 I
II
I
Page 13
o
o
o
1 This Agreement constitutes the entire agreement between the
2 Contractor and the OoA with respect to the subject matter of
3 this agreement . There are no other or further written or oral
4 understandings or agreements with respect to this agreement,
S No variation or modification of this agreement and no waivers
6 of its provisions shall be valid unless in writing and signed
7 by authorized officer of the OoA and the Contractor,
8
9
10
11
12
13
14
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33
34
35
36
APPROVED AS TO FORM BY
COUNTY COUNSEL:
Deputy County Counsel
DATE
FOR THE OFFICE ON AGING:
Robert 0, Townsend, Chairman
San Bernardino County
Board of Supervisors
Pa ge 14'
FOR THE CONTRACTOR:
Evlyn Wilcox, Mayor
City of San Bernardino
~.
DATE
DATE
~
City Att rney .
DATE
~ \
) I
4
5
6
7
8
9
'10
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13
14
15
16
17
18
.
19
20
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23
24
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29
30
31
32
33
34
3S
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.
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This Agreement constitutes the entire agreement between
Contractor and the OoA with respect to the subject matter of
this agreement. There are no other or further written or oral
understandings or agreements with respect to this agreement,
No variation or modification of this agreement and no waivers
of its provisions shall be valid unless in writing and signed
by authorized officer of the OoA and the Contractor.
APPROVED AS TO FORM BY
COUNTY COUNSEL:
FOR THE CONTRACTOR:
Deputy County Counsel
Evlyn Wilcox, Mayor
City of San Bernardino
:;.
DATE
DATE
FOR THE OFFICE ON AGING:
DATE
Robert 0, Townsend, Chairman
San Bernardino County
Board of Supervisors
v::~~,~
City Atto ney .
DATE
Page 14
. ~.
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32
33
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36
o '0
This Agreement constitutes the entire agreement between ~
Contractor and the OoA with respect to the subject matter of
this agreement, Ther,e are no other or further written or oral
understandings or agreements with respect to this agreement.
No variation or modification of this agreement and no waivers
, .
of its provisions shall be valid unless in writing and signed
by authorized officer of the OoA and the Contractor,
APPROVED AS TO FORM BY
COUNTY COUNSEL:,
FOR THE CONTRACTOR:
Deputy County Counsel
Evlyn Wilcox, Mayor
City of San Bernardino
.... ~
-
.
DATE
DATE
FOR THE OFFICE ON AGING:
DATE
Robert 0, Townsend, Chairman
San Bernardino County
Board of Supervisors
~//~
CJ.ty Attorney
,
DATE
pa ge 14'
. \
~ \
3 I
4
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, 18
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28
29
30
31
32
33
3'
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36
..
o "0
This Agreement constitutes the entire agreement between the
Contractor and the OoA with respect to the subject matter of
this agreement, There are no other or further written or oral
understandings or agreements with respect to this agreement.
No variation or modification of this agreement and no waivers
of its provisions shall be valid unless in writing and signed
by authorized officer of the OoA and the Contractor.
APPROVED AS TO FORM BY
COUNTY COUNSEL:
FOR THE CONTRACTOR:
Deputy County Counsel
Evlyn Wilcox, Mayor
City of San Bernardino
DATE
DATE
FOR THE OFFICE ON AGING:
Robert 0, Townsend, Chairman
San Bernardino County
Board of Supervisors
DATE
~~
DATE
pa ge 14'
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9XHIBIT "B"
BUDGET SUMMARY
FY 1985-86
TITLE III
Congregate Meals
Home Delivered Meals
U.S. DEPARTMENT OF AGRICULTURE
Congregate Meals
Home Delivered Meals
r
,
I
I
I
o
$121,123
-0-
$ 49,106
-0-
$121,123
49,106
TOTAL $170,229
o
i
I
:
o
o EXHIBIT1IB-O
TITLE III-C .
BUDGETARY INFORMATION
FOR
C-l [LI C-2 0 0
PROJECT City of San Bernardino
iNITIAL BUDGET I~
BUDGET REVISION I~
CONTRll.CT NO.
7/85 TO
Mo/Yr
6/86
Mo/Yr
EFFECTIVE DATE: Julv 1. 1985
GRANT MATCH
EXPENDITURES FUNDS CASH IN-KIND TOTAL
I. Salaries and Wages (Attach Itemized List) 76,870 6 200 83,070
2. Fringe Benefits 12,877 12,877
3. Conferences/Training
4. Local Staff Travel 50 550 600
5. Equipment - Expendable (Under $300) 2,625 2,625
6. Equipment - Non-Expendable ($300 and over)
Raw Food _7.700 ,
7. 86.516 meals 1. 20 q/;,llq 10,SllQ
8. Accounting/A~dit ,
4,600 4./;00
9. Cons"mable S'upplies 8,250 8.2';0
10. Insurance 1,000 ' , 1 .000
II. Repair and Maintenance 3,834 3834 ,
12. Rent/Building Space 4,592 2,153 6 745
13. Telephone 885 885
14. Utili ties 8,625 4,055 12,680
i i 15. Vehlc1e Operations 2,113 2,113
i 16. Office supplies & postaqe 200 200
i
17. Printing & copy machine 300 300
, 18, Purchasing 7,500 7,500
19. R & M space Medowbrook 1,653 1,653
,
20. Lic. & taxes (countv) 180 M"adowbrork 428 428
TOTAL EXPENDITURES 232,521 20,658 253,179
FUNDING SOURCES
Less": Project Income 86,516 X .72 62,292 62,292
Less: Non-Match. USDA 86,516 X .5676 49,106 7,200 56,306
Less: lion-Match, Other
FEDERAL SHARE 121,123 13,458 134,581 I
DATE
APPROVED, OFFICE ON AGING
DATE
IAUTHORIZED SIGNATURE FOR
ICONTRACT AGENCY
iSAN BERNARDINO COUNTY
Coli. - ~orm - 312
4/1/84
c
o 0
ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF
HEALTH, EDUCATION AND WELFARE REGULATIONS UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
'0.
City of San Bernardino
(Name of Grantee or Contractor)
: hereinafter called the "Recipient of Award"), 'HEREBY AGREES that it will
com;:>ly ,with Title VI of the Civil Rights Act of 1964 (P. L. 33-352) and all
::equirements imposed by or pursuant to the Regulations of the Department
of Health, Education and Welfare (45 CFR Part 80) issued pursuant to that
ti tle, to the end that, in accordance with Title VI of that Act and the
reg-.llation, no person in the United States shall, on the ground of race,
color, sex, age, or national origin, be excluded from partiCipation in, be
denied the benefits of or be otherwise subjected to discrimination under
any program or activity for which the Recipient of Award receives federal
financial assistance from the San Bernardino County Office on Aging: a
recipient of federal financial assistance from the Department; and HEREBY
GIVES 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 is..;. used for a purpose for which
the 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 date. 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 tljis
assurance. This assurance is binding on the Recipient of Award, its
successors, transferees and assignees, and the person or persons whose
sig;lature appear below are authorized to sign this assurance on behalf of
the Recipient of Award.
By:
City of San Bernardinn
(Recipient of Award)
Title:
Mayor
300 North "D" Street
Address
Dated:
San Bernardino, CA 92418
.,......'" =___ AA1
R"hihit C
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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 of certain costs to
Older Americans Act (OM) grants including the matching share.
Nothing in this notice is intended ~,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 OM grant.
Exhibit D
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INSURANCE AND TAXES:
Contractor shall maintain statutory Workers' Compensation Insurance
to fully protect Contractor and County from any and all claims
under any workers I compensation act or employer's liability laws.
Contractor shall also maintain a comprehensive general and
automobile liability insurance policy or state approved self-insured
?rogram with combined single limits of $500,000 for bodily injury
or property damage. Before the commencement of their contract
the contractor shall provide the County with evidence of this
insurance, including a Certificate of Insurance naming the County
of San Bernardino and OoA as an additional named insured.
Contractor shall indemnify, defend and hold harmless County and
OoA from and against 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, with respect to Contractor and Contractor's
employees engaged in performance of this agreement.
I
Exhibit "E"