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HomeMy WebLinkAbout23-Parks & Recreation , . . .. ~ ~~~ ~, ., ., -,~~- -~'''~ ~" - ~-- .~ ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 1 FOR TITLE III-B CONTRACT THROUGH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF ADULT AND AGING SERVICES (DAAS) FOR ASSISTED TRANSPORTATION FOR A PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006. MICC Meeting Date: July 18, 2005 Dept: Parks, Recreation & Community Services Dept. Date: June 22, 2005 Synopsis of Previous Council Action: May 3, 2004 - Mayor and Council approved Resolution No. 2004-122 authorizing the execution of a contract with the County of San Bernardino to administer an outreach program for seniors. Recommended Motion: Adopt resolution. Contact person: Aaliyah Harkley Phone: 5231 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: $20,320 Source: (Acct. No.) 123-xxx-xxxx (Acct {"'IE-scription) GJoallt Finance: Council Notes: ~.JJDD> -~7 Agenda Item No. ~ 11If/DS' ~ ~ ""~".,.,",~,,,,,.,,..., ,,~~'~.. ',..= ~"" , ';[ "'7:~;;:.., . J CITY OF SAN BERNARDINO - "QUEST FOR COUNCIL ACTION Staff Report .' Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 1 for Title ill-B Contract through the County of San Bernardino Department of Adult and Aging Services (DAAS) for Assisted Transportation for a period of July 1, 2005 through June 30, 2006. Background: The Senior Companion Program (SCP) has existed since 1974. The SCP has received Title ill-B funds for over 13 years. The funds assist the companions in providing services to low-income, frail elderly clients in areas that are rural and sparsely populated. The Companions assist the clients with grocery shopping, meal preparation, transportation to medical appointments, pharmacies, banks, post offices, etc. These clients have no means of transportation and are at risk of early institutionalization without this assistance. On June 6, 2005, Mayor and Common Council approved Resolution 2005-148 authorizing the department to apply for and adtn4llster a grant for SCP through the Corporation of National and Community Services in the amount of $295,983. This SCP grant covers the stipends and meal reimbursement costs of companions, but only pays mileage to and from the client's home. These Title ill-B grant funds will cover the Companion's transportation costs of taking their clients to medical appointments, pharmacies, grocery stores, banks, etc. The Title ill-B grant funds will supplement transportation costs for all of our clients. The City operates the only SCP in the San Bernardino County; therefore, we are required to serve outlying areas to receive the federal grant. Clients living in the Morongo Basin and Victor Valley areas will benefit the most from this grant because their travel cost are higher. This grant is in the amount of $20,320 and will fund the transportation costs of 15 Companions who serve 55 clients per week. The attached Amendment No.1 was received from the County on June 21, 2005; therefore, there was not sufficient time to complete a Request for Council Action before the start date of July 1, 2005. Upon approval of this Request for Council Action Amendment No.1 will be retroactive to July 1, 2005. The county PO that supports this request is attached as "Attachment C" listed after page 5 of Exhibit "A". Financial Impact: The in-kind service listed on the Budget Display sheet in the amount of $2,257 pays a portion of the SCP Manager's salary. This position would exist with or without this contract; therefore, there is no financial impact to the City. Recommendation: Adopt Resolution. ~ #013 1'. /f'/J~ o CD o " 9 1011 11 .::,1 :: I ~<J "14,1 15 " "i 1') II .' I 1~. , i 26 27 " 28 181 III 19 I III 20 211 III 22/ 23 !II , ! 24 25 ". .~ 1 2 3 4 RESOLUTION NO. t l6>> IPY 5 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 1 FOR TITLE III-B CONTRACT THROUGH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF ADULT AND AGING SERVICES (DAAS) FOR ASSISTED TRANSPORTATION FOR A PERIOD OF JULY 1,2005 THROUGH JUNE 30, 2006. 6 I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE i I CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby authorizes the execution of Amendment No. 1 for the Title III-B Contract by the Director of Parks, Recreation and Community Services Department through the Department of Adult and Aging Services (DAAS) in the amount $20,320 for assisted transportation for the Senior Companion Program, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is resci!lded if the parties to the agreement fail to execute it within 120 days 'of the passage of this resolution. III III III /1/ III X> J:b tJo$' I (l~/f)~ -,-,~""'''' """,,~'"," , o o o . . 10 20 I 21 22 231 24 25 26 27 28 _o'._n',,,,,,,",p''''''''''''''''''''_ , , ",..,c" ~'__"_~"'..,_ 1 I , I I , I I ! RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY I OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO ! i EXECUTE AMENDMENT NO.1 FOR TITLE III-B CONTRACT THROUGH THE I COUNTY OF SAN BERNARDINO DEPARTMENT OF ADULT AND AGING I SERVICES (DAAS) FOR ASSISTED TRANSPORT A nON FOR A PERIOD OF JULY ! 1,2005 THROUGH JUNE 30, 2006. i i I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor , 2 3 4 5 G and Common Council of the City of San Bernardino at a 7 8 9 10, 111 12/1 'I 1" I ,) I I ~4i ~ I 151 16 I , 2005, by the following day of meeting thereof, held on the vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON 17 () I MCCAMMACK Jo Rachel G, Clark, City Clerk The foregoing resolution is hereby approved this day of 2005. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney 1\ ., By: tW-~ '1 ' o i:/t 'J~ ~_,..c mc~_~~ . , . Exhibit "A" Attachment A-1 Additional Terms and Conditions to Title IIIB Programs Purchase Order Amendment 1 - Effective July 1, 2005 '- THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name City of San Bernardino, Senior Companion Program Address . hereinafter called "Contractor" 600 West Fifth Street San Bernardino, CA 92410 Phone (909) 384-5413 Federal 10 Noc or Social Security No. 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO.1 It is hereby agreed to amend this Contract as follows: Section VIII. TERM (A) is amended to read: This Contract is effective as of July 1, 2005 and expires June 30, 2006, but may be terminated earlier in accordance with provisions of Article IX of the Contract. All other terms and conditions of this Contract shall remain the same and are incorporated herein by this reference. This amendment shall become effective upon execution by both parties. COUNTY OF SAN BERNARDINO PURCHASING DEPARTMENT CONTRACTOR By: By: LEO GOMEZ Deputy Purchasing Agent Dated: Dated: Page 1 of 1 - -, " "~-=p-=--'= Attachment B City of San Bernardino (Senior Companion Program) WORK PLAN ',- FY 2005 - 2006 This work plan contains the measurableobj~ctives mandated by OMS of the service provider. The work plan specifies and establishes time frames either on an annual basis or, where required by state regulations, on a quarterly basis. The work plan constitutes the primary document for ongoing monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure the provider's efforts toward providing quality Assisted Transportation. I. Scope of Work A. Geographic Area/Clientele and Eligibility Criteria 1. The geographic area served by this provider covers the Morongo Basin and Victor Valley regions, including Joshua Tree, Twentynine Palms, Yucca Valley; Adelanto, Apple Valley, Hesperia, and Victorville. 2. The clientele served by this agreement consists of seniors 60 and over. B. Program Description 1. Purpose: Assisted Transportation is provided to improve the socialization and increase independence for people who cannot drive or use regular vehicular transportation. 2. Definition: Provide assistance, including escort to a person who has difficulties (physical or cognitive) using, regular vehicular transportation. C. Intended Outcomes 1. Assisted Transportation a. Provide 3,251 one-way trips annually for seniors who are not eligible for this program from any other resource and who cannot pay for this program. b. Staff and/or volunteers providing Assisted Transportation services must be trained and qualified in the safe provision _ of Assisted Transportation services. Assisted Transportation must be provided to at least 55 unduplicated seniors of which 5 are to be minority low- income seniors. 2. Develop and have on hand, for review by OMS, a cost allocation plan which explains the methods used to allocate costs between programs with funds received from OMS. L:\Aging\ProgramslScopcs of Work and Provider Budgets\05-06 WPs & Budgets 1 "' "~"',-~'''' " 3. Conduct a ,client or participant satisfaction survey at least once ,a ,year, The survey form must be approved by designated OMS staff prior to its use and all findings from the survey must be used to improve services. The returned surveys and tabulated results must be kept on file for review by DAAS staff. II. Service Delivery Activities A. Staffing Sufficient personnel shall be available to carry out the needs of the program, This includes a Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and agreement. B. Volunteer Staff 1. Volunteers are individuals who work without pay in the perfonnance of essential duties to conduct the program. In some cases, the Director may be a volunteer. 2. ,Volunteers shall not replace paid personnel. C. Clients will be given priority for services who are socially and/or economically needy and who are not eligible for services from any other source. Further, individuals referred by DAAS staff shall be given first priority for services under this agreement. Definitions: Economically Needy: Seniors whose income is at or below the SSIISSP level. , . Socially Needy: Seniors who have at least two of the following characteristics: Disabled, Language/Communication Barrier, Lives Alone, Age 75+. D. Training Activities 1. Provide training both on the job and in formal training sessions, as appropriate, to improve the understanding of paid staff about the service(s) being provided. Wherever required by law and/or ordinance, licensed staff must be trained to carry out assigned duties. In addition, annually evaluate paid staff performance to determine his/her effectiveness, skill development and understanding of tasks they are assigned. Documentation of training shall be kept on tile at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by OMS. 2. Volunteers should be provided on-the-job training and opportunities for formal training to improve skills and understanding of the service being provided. Wherever required by law or ordinance volunteers must be trained and/or licensed to carry out assigned duties, Documentation of training shall be kept on L:lAginglProgramslScopes of Work and Provider Budgets\05-06 WPs & Budgets 2 ~ ~, ~T file at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by OAAS staff. . III. Other Service Requirements A. Physical Set-Up 1. Where services are provided in a care center, office or any setting outside the client's home, the environment must be attractive, clean and free from obstacles which could cause injury. 2. Post floor plans identifying emergency exits, assembly areas, etc. and conduct - evacuation drills at least twice a year. Proof of evacuation drills will be kept on file duly signed by the Fire . Marshal or other authorized agency within the community where the service site is located. B. Donations and Confidentiality 1. Encourage seniors to donate by notifying them verbally that donations are accepted and are important to maintaining the service(s) provided. Post signs where appropriate stating that donations are accepted. The provider shall not in any way employ tactics which could be viewed as coercion, embarrassing, and/or obligatory to the service being provided. 2. All contributions shall be used to increase the amount of service being provided in the program(s) funded byDAAS. C. Coordination Activities 1. Provider shall participate within appropriate coordination bodies established by state law and/or county ordinance. 2. Provider shall include the following statement on all advertising, posters and brochures, etc.: "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging." 3. Provider shall coordinate service with other County departments and local agencies by providing time within the facility during participant meetings, staff meetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for elderly clients. All coordination activities must be documented and kept on file for review by DAAS. 4. Provider shall coordinate service with other County departments and local agencies by. providing time for presentations or special activities that promote a Community Based System of. Care for the elderly participants attending their sites. All such activities must be documented and kept on file for review by DAAS. L:\Aging\PrQgramslScopes of Work and Provider Budgets\o5-06 WPs & Budgets 3 ~ , '>u,' '<'" "'~' , '",," '~' '- '"- " D. Reporting Requirements Contractor, at such times and in such forms as OMS may require, shall furnish statements, records, reports, data and information requested by DAAS pertaining to Contractor's performance of services hereunder and other matte-rs covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control. a. Contractor shall meet the following standard for its financial management systems, as provided in the CDA PM Title III Program Manual: I. Financial Reporting (COA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of the Supportive Services Program shall be made in accordance with the financial reporting requirements of this Contract. The following reports are to be submitted to OAAS when indicated: 1) Monthly (Due by 5th working day of each month) a. Monthly Expenditure Report/Request for Reimbursement 2) Semi-Annually a. Budget Revision #1 (Due November 1) b. Budget Revision # 2 (Due May 15) 3) Annually , a. Financial Close-Out Report (Due August 1) b. Periodic Inventory (DUe August 1 with Close-out) c. Audit Report (Due October 31) d. Revised Financial Close-out Report (Due October 31 ) with Audit Report. II. Program Reporting The following reports are to be submitted to DAAS when indicated: 1) Monthly (Due by the 5th working day of each month) a. IIIB Monthly Service Unit Report 2) Quarterly a. Program modification request in writing to OAAS, Contractor shall describe, in detail, necessary program changes and the reasons for the requested modification. L:\AgingIProgramslScopes of Work and Provider Budgets\05-06 WPs & Budgets 4 ~'"'"'''''' , , . 3) Upon request a. Completion of Client Intake Sheets provided by OAAS. 4) OAAS may require financial reports more frequently than indicated above or with more d~tail (or both), upon written notice to the Contractor, until such time as OAAS determines that the financial management standards are met. III. Report service and client data by the 5th working day of the month on OAAS Monthly Service Report which will be verified by OAAS during the annual program audit. Additionally, establish audit files which include but are not limited to a copy of the Monthly Service Report IV. Report monthly expenditures to OAAS by the 5th working day of the month. Maintain support files including but not limited to invoices, payroll, and other supporting documents, all of which will be attached to a copy of the expenditures report and kept on file by month for review during the Annual Audit. V. Maintain records, by month, that support claimed in-kind expenditures. In the event additional funds become available, the provider will use the funds to increase their Assisted Transportation services provided to elderly clients by either increasing the number of individuals served or by increasing the units of service provided or both. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions being imposed. L:\AgingIProgramslScopes of Work and Provider Budgets\OS-06 WPs & Budgets 5 .~~ :s~ 82 ",0 fIl 1tI ~ 11 1tI fIl <U t n .g tl o .... ~ a. !; '" ~. '" !l III 5- 'Ii ~ '" ~ ~ .. ill> III c '" 1 ..,~ ~~ (') (j 0 0 . ij a ~ ~;j (") .. '< 0 > 0 ~t:l ! i ..., I tI.l "" ~ ~ n ~. '< ., Z tl:l ~ g:' ~ 3 0 i. (') a ~. .... . 8 ::I 0 0 . ...., I 0 en t::l \0 'II: ~ tD .g ~""en i ~ Ul (t~l a Ul 8' ~(t:;J '"D en 0 0 (t ..., a. e. :> I 0 o.s. a:: ... = Ul (') ::I 00"" S' ~ 6 (JQ S ~B (t 8- a. (t . ~ :to ~ ~ (t e. '" 0 :> ~Y' ~ =' ~ go '"d ~ to.) c. ... - ,<Ul g ~ = - - JQ[ tI.l :i.~ ~ a tI.l ~ "5l (t n' fit '"l:l .... (t ~ 0 tD C1l = ~ en ",," . ~ &'0 1IQ to.) ~ ~ 0 w == 8' to.) ... 0 - :;1 0 f 0 '" n e. 0< (t !!l ~ 1- to.> 0 ~ 0 (t Ul n , .. to.) 0 0 t:ll 0'1 a (') lJQ (t 0 .. ~ (") ~ m. ~ i ~ ~ ::to 9 . g Z &'0 9 R to.) ...... 5.' Ul ~ -.J t:l~ ~;e 8 ~ ~ < 1IQ- (t .. E:i" ~ .. '" (t . ~ e.[ &'0 i:' g to.) <" to.) i - v. - (j -.J -.J to.) ~ :5 o~ 0 ><: Ul ~~ ~ c::: ~t:l (') ~~ (') 0 ~ t""CIl '" 0< CountY, Department 0' '\ VENDOR C Attachment 0 arellno ,I dult Services AINT FORM Date: Program: Name of person completing form: Phone # Address: Phone # Staff name (if it applies) Phone # Office Location ContractorNendor: Has issue been brought to the attention of vendor? (Circle one) Do you wish to remain anonymous? (Circle one) YES YES NO NO Issue: . . . FACTS: . Resolution: Admin Staff Assigned Date Assigned Date Resolved OAAS VEND 1 (11/02) .-< - .-<.' Attachment E INFORMATION SHEET CONTRACTOR SHALL COMPLETE SECTION I OF THIS FORM AND RETURN TO: SAN BERNARDINO COUNTY Department of Aging and Adult Services Attn: CONTRACTS "I( II()'\ I (()'\IH\( IURI'\IOR\I\IIO'\ Phone: 7 North Sierra Wa , San Bernardino, CA 92410-4816 Web Site: Email: (909) 384-5233 Fax: w .ci.san-bemardino.ca. US Site Name for Services(lf DiJftrtm from Con/Mc/or): (909) 384-5160 Ib Street Senior Center and Perris Hill Senior Center Address (inc/JJJ;/jng City. Slale and Zip Code): Phone: West 51b Street, San Bernardino, CA 92410 and 780 East 21' Street Web Sile: Email: (909) 384-5430 Fax: (909) 384-5160 Senior Recreation Su rvisor Name: Title: Signature: Claim Si Phone #: Name: San Bernardino County Department of Aging and Adult Services , Contracts Unit 686 E. Mill Street San Bernardino, CA 92415-0920 Contracts Unit: Leslie Dunn. Contracts Management 909-891-3930 E-Mail: Ldunn@hss.sbcounty.~ov Unit Fax #: 909-891-3919 Page 1 of 1 .....""~r VED Z-f8~ JUi. 3 D 2U{J4 . OAAS AOMIN Additional Terms and Conditions to Titl~ 1118 Programs Purchase OfmHn. '~".. t--y (Y-I! ():; Attachment A rHIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, )epartment of Aging and Adult Services, hereinafter called the County, and lame ~ity of San Bemardino, Senior Companion Program . .ddress hereinafter called "Contractor" iOO West Fifth Street ;an Bemardino, CA 92410 ~~~\OJ~ hone 909) 384-5413 .derallO No. or Social Security No. '5-6000772 r IS HEREBY AGREED AS FOllOWS: IfHEREAS, The County, acting as the Area Agency on Aging, through its representative, the Department of Aging nd Adult Services, desires to provide services to seniors to improve or maintain choice, independence, and quality f life: and l IfHEREAS, County has been allocated state and/or federal funds by the California Department of Aging to provide ervices to seniors; and IHEREAS, County finds Contractor qualified to provide services to seniors; and IHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these 3rvices as set forth below; OW THEREFORE, County and Contractor mutually agree to the following terms and conditions: CONTRACTOR SERVICE RESPONSIBILITIES A. Contractor shall provide, in a satisfactory and proper manner, as determined by the County, the services defined and set forth in Attachment B attached hereto and incorporated by these , references into this Contract, based upon the services ordered by County staff. B. Contractor shall provide all necessary qualified personnel for performance of services under this Contract. C. Contractor shall record services and submit reports as required by the State of California and County, enumerating all services authorized and delivered to clients. Contractor shall make available to the County all records as necessary to conduct thorough i'lnd comprehensive contract monitoring and auditing, and to conduct evaluation concerning the Contractor and program as appropriate under terms of this Contract. D. Contractor is expected to maintain an ongoing cooperation between a client's other service providers, if any, and the County staff; and to supply information to and utilize information received from the County staff regarding referred clients. E. Contractor agrees to participate in appropriate employee and vendor training and development provided by the Department of Aging and Adult Services ("DAAS") and the California Department of Aging ("CDA"). Page 1 of 11 Attachment A I. CONTRACTOR GENERAL RESPONSIBILITIES A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bemardino. B. Contractor agrees to provide or has already provided information on former County of San Bemardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of form~r County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includ~s the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officers staff, County department or group head, assistant department or group head, or any employee in the ~xempt Group, Management Unit or Safety Management Unit. C. If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially.inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. D. Without the prior written consent of County, this Contract is not assignable by Contractor either in whole or in part. E. Contractor agrees to obtain the written approval from the Director of DAAS prior to entering into any subcontract for work contemplated under this Contract. Contractor shall be fully responsible for the performance of any subcontractor, including but not limited to insuring the availability and retention of records, alid subcontractor shall be subject to the provisions of this Contract. A copy of any executed subcontract must be forwarded to DAAS within thirty (30) days before the start date of the subcontract. F. Contractor will maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. County, or its designee, shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. Records, should include, but are not limited to monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy. G. ,All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract. H. All budget changes within major categories, such as Salaries and Benefits, Equipment, Modes of Service or Other Costs exceeding 10% of the approved budget, for that major category, represents a departure from the approved project plans and require DAAS' approval. Budget modification requests will be made to DAAS in the form of a written justification outlining specific shifts of funds that will be made. I. Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor will apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible.. Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems. Page 2 of 11 >. ,. '. Attachment A J. Contractor shall protect from unauthorized use or disclosure names and other identifying information conceming persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract. This provision will remain in force even after the termination of the Contract. . K. Contractor shall obtain from the Department of Justice records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers,for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105.3. This includes licensed personnel who are not able to provide documentation ,.of prior Department of Justice clearance. A copy of a license from the State of California is sufficient proof. , L. Contractor shall notify County of any staff member, paid, intern, or volunteer, who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify the County. At the County's discretion, the County may instruct Contractor to take action to either deny/terminate employment or deny/terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services. Contractor shall immediately notify Human Services System (HSS) concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent, consultant, intern or volunteer staff, when Contractor knows such information. M. Contractor shall make every reasonable effort to prevent employees, consultants or members of its governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, County may disallow any increase in costs associated with the conflict of interest and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis. N. Contractor agrees to and shall comply with the following indemnification and insurance requirements: , 1. Indemnification - The Contractor agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. 2. Insurance - Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the term of the Contract the following types of insurance with minimum limits as shown: a. Worker's Compensation - A program of Workers' Compensation insurance or a State- approved Self Insurance Program in amount or form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of Contractor and all risks to such persons under this Contract. b. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage of owned, hired and non- to Page 3 of 11 " Attachment A owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). If Contractor provides transportation to one or more client at any time, the automobile liability . insurance policy shall have combined single limits for bodily injury and property - damage of not less than two million dollars ($2,000,000.00). c. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for bodily injury and property damage and $3,000,000 in the aggregate or d. Professional Liability - Professional liability insurance with limits of at least $1,000,000 per claim or occurrence. 3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, . shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional mimed insured with respect to liabilities arising out of the performance of services hereunder. 4. Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional Liability, Contractor shall require the carriers of the above-required coverage to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 5. Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. 6. Proof of Coverage - Contractor shall immediately fumish certificates of insurance evidencing the insurance coverage, including endorsements to: County of San Bemardino clo Insurance Compliance 686 East Mill Street San Bemardino, CA 92415-0640 prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the County, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, the Contractor shall fumish certified copies of the policies and all endorsements. O. Contractor agrees to and shall comply with the Elder and Dependent Adult Abuse Reporting laws: 1. Contractor will ensure that all known or 'suspected instances of elder or dependent adult abuse are reported to DAAS Adult Protective Services. 2. In accordance with W &1 Code section 15630, employees of the Contractor and its subcontractors may be mandated reporters of elder and dependent adult abuse. Contractor assures all employees, agents, consultants or volunteers whb perform 'services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement, upon the. commencement of their employment, acknowledging their reporting requirements and their compliance with them. 3. Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults by telephone immediately or as soon as practically possible, under the following circumstances: a. When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, financial abuse, or neglect; or Page 4 of 11 '~-""~'Cb"""_-.o._""" Attachment A b. When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, financial abuse, or neglect; c. A written "Reportef Suspected Dependent Adult/Elder Abuse" (SeC 341) must be submitted within two (2) working days of making' the telephone report to the responsible agency, as defined below in paragraph 4. 4. Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: a. If the abuse has occurred in a long term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long term Care Ombudsman or local law enforcement; . b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental services or to the local law enforcement; c. If the abuse occurred anywhere other than a long-term care facility or state mental hospital or state developmental center, the report shall be made to Adult Protective Services or local law enforcement. 5. Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations. P. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations ana performance under the terms of the Contract and shall procure all licenses and pay ~II fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. Q. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. R. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance requirements: 1. Equal Employment Opportunity Program: The Contractor agrees to Gomply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the California Department of Social Services Manual of Polices and Procedures and California Welfare and Institutions Code,Section 10000), the California Fair Employment and Housing Act, and other applicable Federal, State, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted. The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from County HSS Contract Administration. 2. Civil Rights Compliance: The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with County HSS Contract Administration within 30 days of awarding of the contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, HSS shall supply a sample of the Plan Page 5 of 11 =.,,, ~ .' Attachment A format. The Contractor shall be monitOred by HSS for compliance with provisions of its Civil Rights Plan. S. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the "provision of travel or entertainment,or any items of value to any office, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. r- The County, by written notice, may immediately terminate any contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any agreement, extension or evaluation process once a Contract has been awarded. Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination of the Contract under this provision, the County is entitled to pursue any available legal remedies. T. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA). u. Contractor will observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 20, Chapter 4, Califomia Code of Regulations). Contractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of this Contract. Recycled printed products shall include a symbol identifying the recycled material. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cos~ under this Contract. In the event of any contract dispute hereunder, each party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. PAYMENT SCHEDULE AND METHOD v. w. (. IV. A. The maximum amount of payment under this Contract shall not exceed the total contract -amount set forth on the attached Purchase Order as authorized by the County's Purchasing Department, and shall be subject to the availability of funds to the County. The County is under no obligation to make any referrals for the purpose of services during the lifetime of this Contract. B. Upon receipt of an approved invoice, the County shall pay the Contractor for services authorized the previous month. The completed invoice is to be received by the 5th working day of the month. Under normal conditions, Contractor should expect payment approximately twenty-one (21) days after submission of a correctly prepared invoice. Monthly invoices shall not be greater than one-twelfth (1/12) of the total annual contract amount. C. DMS representative shall not approve any request for payment of funds until Contractor has filed properly completed reports required under this Contract. Contractor shall ensure that all expenditures are supported by properly executed payroll time records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in part to this Contract. Such documents shall be clearly identified and readily accessible to DMS staff, as may be required. D. Contractor must return any unspent funds with submittal of revised year-end Financial Closeout Report, or based on the results of an independent audit. E. DMS reserves the right to refuse payment to Contractor or later disallow costs for any expenditure determined by OMS to be non-compliant with any provision of this Contract, or inappropriate to Page 6 of 11 . . Attachment A such activities, or for which there is inadequat~ supporting documentation presented, or for which prior approval is required by not granted F. OAAS shall pay Contractor only for services ordered by authorized OMS staff. The Contractor agrees that reimbursement for each service furnished under this Contract made irl>.accordance with the rates stipulated herein, represents payment in full for said service. The Contractor shall not seek reimbursement from OAAS for any services reimbursed in whole or in part by any other payor. Whenever Contractor is not in compliance with any provision of this Contract, OMS may withhold payment of any invoice submitted to OMS by Contractor until such time as suitable documentation is submitted to OAAS. G. Contractor is to provide the requested services in accordance with the timelines set by OAAS. Where the Contractor does not provide a definite date to commence providing the ordered services within five (5) working days of service start-up as specified by OMS, the request for service becomes automatically void and OMS will have no obligation to pay for any services provided under such request for services. H. If Contractor cannot provide authorized services to a specific client, or feels the authorized services are not appropriate, Contractor shall notify OMS staff within three (3) working days of receipt of request for services. I. When Contractor fails to provide an authorized service to a client and the client incurs costs (e.g. fees for a doctor appointment) Contractor will be responsible for said costs. J. Costs for services under the terms of this Contract will be incurred during the term of the Contract except as approved by County. County "will not use current year funds to pay prior or future year obligations. . K. Upon written demonstration of need by Contractor and at the option of the County, 10% of the total annual Contract funds may be advanced to Contractor by County upon approval of the Director of the Department of Aging & Adult Services. Any such advance will cause the amounts payable to Contractor to be reduced to the amount determined by dividing the balance left by the number of months remaining in the Contract term. The amount of the advance is limited to one-twelfth of the maximum amount of payment under this Contract. L. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. M. For any Contract where OAAS is the case manager, it is understood that the implementation of services is dependent upon care plans developed by OAAS for DMS clients, and ordered from the Contractor. N. In the event the Contract utilizes Community Oevelopment Block Grants ("COBG") funds: "Cash Match" refers to cash, other than program income, contributed to the project from local or state . funds. With the exception of COBG, federal funds cannot be used as cash match. O. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, .Ievied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. P. The Contractor, by signing this Contract, hereby certifies to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid. or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of Page 7 of 11 c-~_ '. Attachment A any agency, a Member of Congress, an Officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2, If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. II. RIGHT TO MONITOR AND AUDIT A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. B. County or any subdivision or appointee thereof, and the State of Califomia or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation in any auditing or monitoring conducted. C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by County, Federal and State representatives for a period of three years after final payment under the Contract or until all pending County, State and Federal audits are completed, whichever is. later. Records of the Contractor, which do not pertain to the services under this Contract, shall not be subject to review or audit unless provided in this or another Contract. Technical. program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and be deducted from the following month's claim for reimbursement. E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representative in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor. 'II. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES A. Correction of Performance Deficiencies 1. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. 2. In the event of a non-cured breach, County may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or Page 8 of 11 , . fill. ~ 'F~ B. Attachment A d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "2" of this paragraph; and/or e. Impose liquidated damages that will reduce the total reimbursable amount of the Contract by the amount(s) levied and not claimable by Contractor. This remedy shall only be used when reasonable efforts to correct a performance or violation deficiency have failed to correct the problem, or in circumstances of unacceptable or negligent performance of Contractor as determined by County. There is no limit to the number of adjustments County may levy per each instance. f. Terminate this Contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the Contractor upon demand, if any, shall pay the balance. Appeal Procedures If Contractor disagrees with any decision or action taken by the County or DAAS related to this Contract, Contractor may choose to file a formal grievance by following the procedures below: 1. The Contractor shall file a formal written grievance with the Director of DMS within fifteen (15) business days after the Contractor is aware of the factors or conditions precipitating the contract dispute. The written grievance shall set forth the subject of the grievance, identify the specific clause in dispute and shall provide a detailed statement of the grievance, including dates, names, places, and the specific remedy or action requested. The filing address is 686 East Mill Street, San Bernardino, Califomia, 92415-0640. The Director of DAAS shall provide a written response to Contractor within fifteen (15) business days of receipt of the grievance. 2. If Contractor is not satisfied with the Director of DAAS' response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the Director of DMS' response is not satisfactory, to the Assistant County Administrator of the Human Services System ("Assistant County Administrator") within fifteen (15)business days of receipt of the Director of DMS' response. The filing address is 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, California, 92415-0128. The Assistant County Administrator shall provide a written response to Contractor within fifteen (15) business days. The Assistant County Administrator shall have final authority for the decision on the grievance except as provided in the paragraph below. 3. For those appeals that involve CDA programmatic policies and directives issued to the County and contained within this Contract, this paragraph shall apply. If Contractor is not satisfied with the Assistant County Administrator's decision, the written grievance may be registered in writing with the CDA, Case Management Branch, 1600 "K" Street, Sacramento, California, 95814, within fifteen (15) business days following receipt of the Assistant County Administrator's decision. Contractor shall submit to CDA the original written grievance along with a copy of the Director of DMS' written response, the Contractor's appeal to the Assistant County Administrator, and the Assistant County Administrators' decision. CDA shall have final authority for the decision on the grievance. TERM A. This Contract is effective as of July 1, 2004 and expires June 30, 2005, but may be terminated earlier in accordance with provisions of Article IX of the Contract. This Contract is of no force or effect until signed by both parties hereto. The Contractor shall not commence performance until such approval has been obtained; failure to obtain such approval may result in non-payment for the performance of those services. B. Page 9 of 11 ,,-- --,-,... ...~ ._~.. --~~~ , r Attachment A x. EARLY TERMINATION A. The County may terminate the Contract immediately under the provisions of Section VII of the Contract. In addition, the County may terminate the Contract without cause by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant County Administrator - Human Services System is authorized to exercise the County's rights with respect to any termination of this Contract. B. Contractor will only be reimbursed forcosts and uncancelable obligations incurred prior to the date of termination. Contractor will not be reimbursed for costs incurred after the date of termination. <. GENERAL PROVISIONS A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. Contractor: City of San Bemardino . Senior Companion Program 600 West Fifth Street San Befnardino, CA 92410 County: County of San Bemardino - Human Services System Attn: Mary L. Sawicki 686 East Mill Street San Bernardino, CA 92415-0515 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the party hereto. C. County shall have Power of Attorney to pay delinquent debts and unpaid wages. for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. . D. No waiver of any of the provisions of the Contract shall be effective unless it is made in writing, and refers to' the provisions so waived and is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. E. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. F. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the parties) and the remaining provisions of the Contract shall not be affected. G. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The parties agree to the exclusive jurisdiction of the federal and state courts located in the County of San Bemardino. for' any and all disputes arising under this Contract, to the exclusion of all other federal and state courts. Page 10 of 11 -"~"'=~"'~"" ,,"'''''~~'' " -' '~ ,,<~""""?" ,,~ ~ c' ,,_' "n_'~"-~--_~'_,"'" '" "__"_"""~"~"_'_ Attachment A KI. Conclusion A. This Contract, consisting of 11 pages, which includes the Purchase Order, Attachment A _ Additional Terms and Conditions to f?urchase Order, Attachment B - Scope of Work, Attachment C - BudgetDisplay, Attachment D - Vendor Complaint Form and Attachment E - Information Sheet, is the full and complete document describing services to be rendered by Contractor to County . including all covenants, conditions and benefits. B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and c~nditions set forth in this document. C. This Contract shall become effective upon execution by both parties. D. This Contract may be executed in counterparts. When executed, each counterpart shall be deemed an original irrespective of date of execution. Said counterparts shall together constitute one and the same Contract. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year writte.n below by the County of San Bernardino Purchasing Department. ;OUNTY OF SAN BERNARDINO )URCHASING DEPARTMENT CONTRACTOR kg " ~y' ~ '~,.., By' . MIO'lAE:L LOLLER rl I V\.. V . Deputy Purchasing Agent )ated: --.J/~ ~()4'- Dated: 6/2faiy Page 11 of 11 ~,,-,~-~,,~,-~,-~-,...~.. ~. .=-=-~,,~,~~.'< "'"""""'T'--",-~-'-- ~-- ORIGI^A~ Attachment A-1 o Additional Terms and Conditions to Title IIIB Programs Purchase Order Amendment 1 - Effective July 1. 2005 TH IS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name City of San Bernardino, Senior Companion Program Address hereinafter called "Contractor" 600 West Fifth Street San Bernardino, CA 92410 Phone (909) 384-5413 Federal 10 No. or Social Security No 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO.1 It is hereby agreed to amend this Contract as follows: Section VIII. TERM (A) is amended to read: This Contract is effective as of July 1, 2005 and expires June 30, 2006, but may be terminated earlier in o accordance with provisions of Article IX of the Contract. All other terms and conditions of this Contract shall remain the same and are incorporated herein by this reference. This amendment shall become effective upon execution by both parties. COUNTY OF SAN BERNARDINO PURCHASING DEPARTMENT CONTRACTOR By: By: LEO GOMEZ Deputy Purchasing Agent Dated: Dated: Approved as to Form and Legal Content: JAMES F. PENMAN, Cl:) ~ttorney (} ./~ Page 1 of 1 C~". ,.."~,,.. - .- ---~_. .', Attachment B City of San Bernardino (Senior Companion Program) o. WORK PLAN FY 2005 - 2006 This work plan contains the measurable objectives mandated by DAAS of the service provider. The work plan specifies and establishes time frames either on an annual basis or, where required by state regulations, on a quarterly basis. The work plan constitutes the primary document for ongoing monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure the provider's efforts toward providing quality Assisted Transportation. I. Scope of Work A. Geographic Area/Clientele and Eligibility Criteria 1. The geographic area served by this provider covers the Morongo Basin and Victor Valley regions, including Joshua Tree, Twentynine Palms, Yucca Valley, Adelanto, Apple Valley, Hesperia, and Victorville. 2. The clientele served by this agreement consists of seniors 60 and over. B. Program Description o 1. Purpose: Assisted Transportation is provided to improve the socialization and increase independence for people who cannot drive or use regular vehicular transportation. 2. Definition: Provide assistance, including escort to a person who has difficulties (physical or cognitive) using regular vehicular transportation. C. Intended Outcomes 1. Assisted Transportation a. Provide 3,251 one-way trips annually for seniors who are not eligible for this program from any other resource and who cannot pay for this program. b. Staff and/or volunteers providing Assisted Transportation services must be trained and qualified in the safe provision of Assisted Transportation services. Assisted Transportation must be provided to at least 55 unduplicated seniors of which 5 are to be minority low- income seniors. 2. Develop and have on hand, for review by DAAS, a cost allocation plan which explains the methods used to allocate costs between programs with funds received from DAAS. o UAgmgIProgramslScopes of Work and Provider Budgets\05-06 WPs & Budgets o o o .~ .- "'",..=~~.....,~..n ....~~.... .... H'~.~__~__~," , 3. Conduct a client or participant satisfaction survey at least once a year. The survey form must be approved by designated DAAS staff prior to its use and all findings from the survey must be used to improve services. The returned surveys and tabulated results must be kept on file for review by DMS staff. II. Service Deliver'yActivities A. Staffing Sufficient personnel shall be available to carry out the needs of the program. This includes a Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and agreement. B. Volunteer Staff 1. Volunteers are individuals who work without pay in the performance of essential duties to conduct the program. In some cases, the Director may be a volunteer. 2. Volunteers shall not replace paid personnel. C. Clients will be given priority for services who are socially and/or economically needy and who are not eligible for services from any other source. Further, individuals referred by DAAS staff shall be'given first priority for services under this agreement. Definitions: Economically Needy: Seniors whose income is at or below the SSI/SSP level. Socially Needy: Seniors who have at least two of the following characteristics: Disabled, Language/Communication Barrier, Lives Alone, Age 75+. D. Training Activities 1. Provide training both on the job and in formal training sessions, as appropriate, to improve the understanding of paid staff about the service(s) being provided. Wherever required by law and/or ordinance, licensed staff must be trained to carry out assigned duties. In addition, annually evaluate paid staff performance to determine his/her effectiveness, skill development and understanding of tasks they are assigned. Documentation of training shall be kept on file at the provider's main office for review by DMS during program monitoring to be scheduled and conducted by DAAS. 2. Volunteers should be provided on-the-job training and opportunities for formal training to improve skills and understanding of the service being provided. Wherever required by law or ordinance volunteers must be trained and/or licensed to carry out assigned duties. Documentation of training shall be kept on LAging\I'rograms\Scopes of Work and Provider Budgels\05-06 WI's & Budgets 2 ,,-~~"'"- ~.. file at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by DAAS staff. O. Other Service Requirements A. Physical Set-Up 1. Where services are provided in a care center, office or any setting outside the client's home, the environment must be attractive, clean and free from obstacles which could cause injury. 2. Post floor plans identifying emergency exits, assembly areas, etc. and conduct evacuation drills at least twice a year. Proof of evacuation drills will be kept on file duly signed by the Fire Marshal or other authorized agency within the community where the service site is located. B. Donations and Confidentiality 1. Encourage seniors to donate by notifying them verbally that donations are accepted and are important to maintaining the service(s) provided. Post signs where appropriate stating that donations are accepted. The provider shall not in any way employ tactics which could be viewed as coercion, embarrassing, and/or obligatory to the service being provided. o 2. All contributions shall be used to increase the amount of service being provided in the program(s) funded by DAAS. C. Coordination Activities 1 . Provider shall participate within appropriate coordination bodies established by state law and/or county ordinance. 2. Provider shall include the following statement on all advertising, posters and brochures, etc.: "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging." 3. Provider shall coordinate service with other County departments and local agencies by providing time within the facility during participant meetings, staff meetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for elderly clients. All coordination activities must be documented and kept on file for review by DAAS. 4. Provider shall coordinate service with other County departments and local agencies by providing time for presentations or special activities that promote a Community Based System of Care for the elderly participants attending their sites. All such activities must be documented and kept on file for review by DAAS. o Vc"gingIPrograms'Scopes of Work and Provider Budgets\OS-06 WPs & Budgets 3 -.....".-"tf:O'-_.,..-. . . ." <. . '-.- .- -..,.--.-.'''...'' D. Reporting Requirements o Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data and information requested by DAAS pertainiflg to Contractor's performance of services hereUnder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control. a. Contractor shall meet the following standard for its financial management systems, as provided in the CDA PM Title III Program Manual: I. Financial Reporting (CDA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of the Supportive Services Program shall be made in accordance with the financial reporting requirements of this Contract. The following reports are to be submitted to OMS when indicated: o 1) Monthly (Due by 5th working day of each month) a. Monthly Expenditure Report/Request for Reimbursement 2) Semi-Annually a. Budget Revision #1 (Due November 1 ) b. Budget Revision # 2 (Due May 15) 3) Annually a. Financial Close-Out Report (Due August 1) b. Periodic Inventory (Due August 1 with Close-out) c. Audit Report (Due October 31) d. Revised Financial Close-out Report (Due October 31 ) with Audit Report. II. Program Reporting The following reports are to be submitted to OMS when indicated: 1) Monthly (Due by the 5th working day of each month) a. IIIB Monthly Service Unit Report o 2) Quarterly a. Program modification request in writing to OMS. Contractor shall describe, in detail, necessary program changes and the reasons for the requested modification. L Aging"Programs'Scopes of Work and Provider Budgets\05-06 WPs & Budgets 4 , .. o V. ~'-'---~'c""""".'T'-~_.,-,.__... .- '.HL .".~. ~-~ 3) Upon request a. Completion of Client Intake Sheets provided by DAAS. 4) DAAS may require financial reports more frequently than indicated"above or with more detail (or both), upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met. III. Report service and client data by the 5th working day of the month on DAAS Monthly Service Report which will be verified by DAAS during the annual program audit. Additionally, establish audit files which include but are not limited to a copy of the Monthly Service Report Report monthly expenditures to DAAS by the 5th working day of the month. Maintain support files including but not limited to invoices, payroll, and other supporting documents, all of which will be attached to a copy of the expenditures report and kept on file by month for review during the Annual Audit. IV. Maintain records, by month, that support claimed in-kind expenditures. .'n the event additional funds become available, the provider will use the funds to increase their ssisted Transportation services provided to elderly clients by either increasing the number of individuals served or by increasing the units of service provided or both. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions being imposed. o L\Aging\Programs\Scopes of Work and Provider Budgets\OS.06 wp, & Budgets 5 ~ o -~ g;:..:.. "'> ~o 8z ",0 '" m d ~ 3 ~ n o "" n '" 2., ~ o ;;- .. " "- "to a s. "- ~ t:l o "- .. ~ 6 U> 6 '" ~ '" R> ;;:; ~ DO n v; o o ~... . ..~". -l> S;~ z17. Cf.l-l 6:Tl ",0 -l ::: (5 z :;:.w '" N '< U\ -l- ::1.0 '1:l ::l '" '" .~.,".. r..""-"_1EJl'n.~~ ." ... ~ ... '" S o \0 'II: U\ U\ Cf.l-lCf.l '" 0 '" ;! - e, '" "'" 0 C.RUI U\ Wo'~ ;! txl Q 2. n e: '" '" WoC::: ;! ...., e, nO ~ '" "" N o W N o o o 2- 1i' - - - ;p ::l l:l. '" [ o ~ ("') '" '" ::l" "" N tv U\ -..I o o a::: > -l ("') ;' ::I: ~ 5' l:l. "" N N ~.J1 -..I -..I 8 0' g, Cl c::: '" Cf.l.... g ~> o z~ ~ t"" '" -<: ." ... .g, '" ~ .ll>"",8T">;P"'''''' (') o ::l ::r '" n o ... 5' 0' ~ :::, o ::l tJ o ;:1. ... co ~ > <JQ g n '< Z '" S ~ ." '" 8> ~ ::l n '" 5' 0' ~ :::, o ::l I i::l itxl '" 3 '" ... l:l. 5' 0 Cf.l '" ::l 0' ... ("') = 0 ~ ~ ~ '" ~ ::l 0' ~ ::l ." io-3 ... @ ~ ... ... co 3 rJJ ""e txl ~ c > l:l. OQ 0< ~ 0' ... 'Tl en' n !:?. -<: '" '" :-! IN 0 0 U\ N 0 0 c:r- tll c: Co (JQ !!. 5' 0' ~ 0' ::l ("') o ::J ::r '" ~ :-0 9 z ~ 0'" 0 '>-. s>>C'D ..,'" ""'" < _.- ~ Vi' CI.9. S' I '" ::l n _Q.!:?.3" c (11 <" a N o~ ~ o U\ n.^,,","~_ ,...,l ~' :; -< o -, er- e: ... c:; (11 :3 III a- S' o o (11 "0 III ::l 3 (11 ::l ... o -, ;l> (JQ :;' (JQ I>> ::l c.. ;l> c.. c - ... tI) (11 :;! (=)' (11 CIl (j x ~ ~ .,. o o o "', r ..+'''l''''''''''''''''' ---- ~'-~- .a ~.....-~n_~"Ih~!".'!fP""'"~I"ili"1l"'__'~"_'___"H~_ .. Attachment D County of,San'Bernardino Department of As;jing& Adult Services VENDOR COMPLAINT FORM Date: Program: Name of person completing form: Phone # Address: Phone # Staff name (if it applies) Phone # Office Location ContractorNendor: Has issue been brought to the attention of vendor? (Circle one) Do you wish to remain anonymous? (Circle one) YES YES NO NO Issue: FACTS: Resolution: Admin Staff Assigned Date Assigned Date Resolved DAAS VEND 1 (11/02) . ., o o o " ",~ '~c. 'c-. -.. ."n~.~..~__ 1=_",_c_",-,,~tJ<"!n'''''' .;,.="""'~r'-'."~_W'_"""~ Attachment E INFORMATION SHEET CONTRACTOR SHALL COMPLETE SECTION I OF THIS FORM AND RETURN TO: SAN BERNARDINO COUNTY Department of Aging and Adult Services Attn: CONTRACTS Sf ( 110', I: (,O\TJ{ \("1 OJ{ I\H>R\I \ no" Contractor Name: it . of San Bernardino Parks, Recreation & Communit Address (IIlrlUdlllg CIty, 5lau and ZIp Code) Phone: 47 North Sierra Wa , San Bernardino, CA 9241O~4816 Web Site: Em~il: (909) 384-5233 Fax: VWW. ci. san-bernardino .ca. US Sile Name for Services(1f Different from Contractor): (909) 384-5160 Pbone: 00 West 51h Street, San Bernardino, CA 92410 Web SIle: (909) 384-5413 EmaJl: Fax: Randol h le@shcitv.or Tille: (909) 889-9801 ~ame. Name Lemuel P. Randol h Title: Director SlgnalUre: Tille Pholle #: E-~lail' ( 909) 384-5030 andol h le@sbcitv.or Claim Si nature Authorit Phone #: E-Mail: Name: J\jame" mue1 P. Randol h Tille: Director Bettv Deal Tille: Signature: Phone #; San Bernardino County Department of Aging and Adult Services Contracts Unit 686 E. Mill Street San Bernardino, CA 92415-0920 Contracts Unit: Leslie Dunn, Contracts Management 909-891-3930 E-Mail: Ldunn@hss.sbcounty.l!;ov Unit Fax #: 909-891-3919 Pal!:e 1 of 1