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HomeMy WebLinkAboutS03-Parks and Rec . City OF SAN BERNARDOO - REQUOT FOR ~ Ad)ON REC'O. - ADMIN . From: Anni e F. Ramos, Di rj'i:,.<;.tor ' . aFF. ~:I JUN 2Q 'II 1f1: I Dept: Parks, Recreation & Community ~~rvlc~ Date: June 28, 1989 Subj~: RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO SENIOR HOME AND HEALTH CARE PROGRAM FOR PROVIDING SENIOR COMPANION SERVICE BY THE CITY SENIOR COMPANION PROGRAM. Synopsis of Previous Council action: None. Recommended motion: Adopt the Resolution. ~ )- t?~ Signat re Contact person: Tom Boggs Phone: 5032 Supporting data attached: Staff Report, Resolution & Agreement Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) No cost to City - City will ~e reimbursed for serVlces. (Acct, Description) Finance: Council Notes: .6.ng,nrt~ It"m Nn s-~ CI'O OF SAN BERNARDCO - REQUIQT FOR COUNCIL AC'Q)N RESOLUTION AUTHORIZING AN AGREEMENT ~IITHSTAFF REPORT THE COUNTY OF SAN BERNARDINO SENIOR HOME AND HEALTH CARE PROGRAM FOR PROVIDING SENIOR COMPANION SERVICE BY THE CITY SENIOR COMPANION PROGRAM. The City of San Bernardino has the only SCP Program in this region; consequently, other.governmenta1 agencies seek assistance through our program to provide com- panions for their areas. The County of San Bernardino Senior Home and Health Care is one such organization which has requested services of companions for which they totally reimburse the City. There is no additional cost to the City for recruiting and assigning the companion to serve the Senior Home and Health Care clients. Recommend adoption of the Resolution. JUSTIFICATION FOR PLACEMENT ON THE SUPPLEMENTAL AGENDA This document establishes an agreement for providing services which begin on July I, 1989. The documents required review by City Attorney, Council and Risk Management Offices in both City and County. This processing has delayed completion until now. Therefore, in order to have the document ready for the new fiscal year it is requested that the Resolution and Agreement be placed on the Supplemental Agenda for July 3, 1989. June 28, 1989 75-0264 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 o RESOLUTION o o BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Director of Parks, Recreation and Community Services Department of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of said City an Agreement with the Office on Aging, Senior Home and Health Care, San Bernardino County for the purpose of providing companionship and personal services to clients enrolted"'~~~', '_ ~;r?"':!'-~ California Multipurpose Senior Services Program by the City of ~ B~4ino Senior Companion Program; a copy of said Agreement is attachedlieretot,c" Exhibit "A" and incorporated herein by reference as though full:' set~tb,if>: . .:',~~,- ,';'. ':. 1 ength. 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 by the following vote, to wit: day of , 1989, AYES: Council Members tfAVS: ,.....ILT..., . "'.' . '. .,~ . --~ ; ,< ' ,.,:';~ City Clerk June 6, 1989 . _.__'C',:_,,-- 0 Ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o .:) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM AND THE OFFICE ON AGING SENIOR HDMt. AND HEALTH CARE, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF P$Ov1~ €OM.PAKIONSHIP AND PERSONAL SERVICES TO CLIENTS ENROLLED IN THE tkLIFoRM1A MU~TIPURPOSE SENIOR SERVICES PROGRAM. .-- ,"'. The foregoing resolution ;s hereby aporoved this , 1989. day of l~. R. HOLCOMB Mayor, City of San Bernardino Approved as to form and legal content: /1~ June 6, 1989 -2- ~ :;- ''';.c: o COVER PAGE SECTION I. SECTION II. SECTION III. SECTION IV. SECTION V. SECTION VI. SECTION VII. SECTION VIII. o o INDEX TO SECTIONS OF AGREEMENT SERVICES TO BE PROVIDED A. Contractor Responsibilities B. Vendor Responsibiliitis PAYMENT FOR SERVICES A. Payment Schedule and Method B. Conditions of Payment C. Accounting Records TERMS OF AGREEMENT A. Effective Date B. Termination of Agreement for Cause C. Termination for Convenience D. Termination for Reduction, Suspen- sion or Termination to County ADMINISTRATIVE CONDITIONS OF AGREEMENT A. Selection of Vendors B. Changes C. Client Confidentiality D. Findings Confidential E. Ownership, Publication, Reproduct- tion and use of Material F. Evaluation of Performance INSURANCE A. Indemnification and Coverage B. Certificates COMPLIANCE REGULATIONS A. Legal Status of Vendor B. Vendors' Employees and Equipment C. Subcontracts D. Assignability E. Conflict of Interest F. Federal, State and Local Laws and Regulations G. Fiscal and Performance Audits and Inspection of Records H. Affirmative Action and Fair Employment I. Vendor Subcontracts of $10,000 or More NOTICE ATTORNEY'S FEES AND COSTS i.II,. Ii "Att o PAGE 2 2 3 3-4 4 4 4-5 5 5 6 6 6-7 7 7 7 8 9 9 9 9-10 10 10 10 10-11 11-12 12-15 15 15 o . o o o INDEX TO SECTIONS OF AGREEMENT Page 2 COVER PAGE PAGE SECTION IX. INTEGRATED DOCUMENT SIGNATURE PAGE SCOPE OF SERVICES DEFINITION OF SERVICES 15 16 17-18 19-21 EXHIBIT "A" EXHIBIT "B" ~ o o o o AGREEMENT FOR THE PURCHASE OF SERVICES OFFICE ON AGING, SENIOR HOME AND HEALTH C~E THIS AGREEMENT is made and entered into the day of , 19__, by and between the Office on Aging (OoA), Senior Home and Health Care (SHAHC), San Bernardino County (hereinafter called "Contractor") and City of San Bernardino Senior Comoanion Program (hereinafter called 'Vendor"), for the purpose of providing services to clients enrolled in the California MULTIPURPOSE SENIOR SERVICES PROGRAM (MSSP). WITNESSETH: WHEREAS, OoA has entered into a contract with the California Multipurpose Senior Services Program which has received funding from the U.S. Department of Health And Human Services using existing Social Security Act Title XIX and Title XX monies 1 new Social Security Act Title XIX monies granted from Federal Health Care Financing Administration 1 and State of California's General Fund moniesl and WHEREAS, commitment and the Multipurpose Senior Services Program (MSSP) has the to provide alternatives for the integration of these servicesl WHEREAS, most of these services already exist in California communitiesl and WHEREAS, the Multipurpose Senior Services Program (MSSP) enabling local programs to provide services to the effective, yet humanly sensitive environmentl and is the vehicle elderly in an WHEREAS, the U.S. Department of Health and Human Services has approved waivers of compliance with some regulations under Title XIX of the Social Security Actl and o o o o WHEREAS, it is both desirable and necessary to employ independent contractors to assist the OoA in implementing said contract; and WHEREAS, the OoA has authority pursuant to Government Code 31000, County of San Bernardino to contract for services under said contract; NOW THEREFORE, in consideration of the recitals and the mutual obligations of the parties as herein expressed, the OoA and the vendor agree as follows: SECTION I. SERVICES TO BE PROVIDED A. Contractor Responsibilities 1. The Contractor staff is responsible for the SHAHC client enrollment, assessment, and case planning; arranging with contractors to provide services; sharing client information where necessary or appropriate; specifying authorized services and time frames of services requested via a Service Authorization Form; monitoring service delivery; notifying the contractor regarding any modification of services, or the termination of services; and processing claims from Vendor for payment for services. -. 2. It will be the responsibility of the Contractor to keep the Vendor informed of any changes in the program which affect the delivery of services by the Vendor, and to resolve any problems or conflicts between Vendor, SHAHC clients, and/or Contractor staff. B. Vendor Responsibilities 1. Vendor shall provide, in a satisfactory and proper manner, as determined by the Contractor's representatives, services defined and set forth in Exhibit "B" (Service Definitionsl and Exhibit "A" (Scope of Servicesl attached hereto and incorporated by this reference into this Agreement to clients enrolled in the SHAHC program, based upon the type and levels of services ordered by Contractor staff. 2. Vendor shall provide all necessary qualified personnel for performance of services under this Agreement. 3. Vendor shall record services and submit reports as requ~red by the State of California and County, enumerating all serV1ces authorized and delivered to SHAHC clients. Vendor shall make available to the Contractor all records as necessary to conduct thorough and comprehensive contract monitoring and auditing, and to conduct evaluation concerning the Vendor and program as appropriate under terms of this Agreement. 4. Vendor is expected to maintain an ongoing cooperation between other service provider personnel and the Contractor staff; PAGE 2 OF 15 =,'-- c o o o and to supply information to and to utilize information received from the Contractor staff regarding referred SHAHC clients. SECTION II. PAYMENT FOR SERVICES A. Payment Schedule and Method 1. Upon receipt of an approved invoice, the Contractor shall pay the Vendor for services authorized the previous month. Under normal conditions, payments should be released by Contractor approximately twenty-one (21) days after receipt of a correctly prepared invoice. -0 2. The Contractor shall provide the Vendor, by the 15th working day of each month, a Service Authorization Form showing the authorized services requested for each SHAHC client for the previous month and the total cost of those services. If the Vendor's records do not agree wi th the monthly Service Authorization Form, they shall contact the SHAHC Fiscal Officer to reconcile the differences. The Vendor shall submit the completed Service Authorization Form each month to the Contractor which agrees with the amount, or the reconciled amount Form. No payments will be authorized for the month which exceed" the amount, .or reconciled amount shown on the Service Authorization Form. The completed Service Authorization Form is due at the Contractor Office by the last day of the month following the month services where provided." B. Conditions of Payment 1. Contractor shall reimburse Vendor only for services ordered by authorized SHAHC staff. The Vendor agrees that reimbursement for each service furnished under this agreement made in accordance with the rates stipulated herein, represents payment in full for said service. The Vendor shall not seek reimbursement from the Contractor for any service reimbursed in whole or in part by any other payor. Whenever Vendor is not in compliance with any provision of the Agreement, Contractor may withhold payment of any invoice submitted to County by Vendor until such time as suitable documentation is submitted to the County. 2. Vendor is to provide the ordered services in accordance with the timelines set forth in the Service Authorization. Where the Vendor does not provide a definite date to commence providing the ordered services within five (5) working days of service start-up as specified in the Service Authorization, the Service Authorization becomes automatically void and the Contractor will have no obligation to pay for any services provided under such void Service Authorization. 3. If Vendor cannot provide authorized services to a specific client, or feels the authorized services are not appropriate, PAGE 3 of 15 c o o c> Vendor shall notify Contractor staff wi thin three (3! working days of receipt of Services Authorization. 4. Vendor shall be compensated on in Exhibi t "A II (Scope of incorporated by this reference, a unit cost basis as established Services! attached hereto and into this Agreement. 5. . The Vendor agrees that reimbursement for each service furnished under this Agreement made in accordance with the rates stipulated herein, represents payment in full for said service. The Vendor shall not seek reimbursement from the Contractor for any service reimbursed in whole or in part by any other payor. 6. No request for payment of funds shall Contractor's representative until reports Agreement have been filed by Vendor. be approved by the required under this C. Accountinq Records 1. Vendor agrees to maintain and preserve, until three years after termination of Contractor's Agreement wi th the State of California, and to permit the State or any of its duly authorized representatives, including the Comptroller General of the United States, to have access to and to examine and audit any pertinent books, documents, papers, and records of Vendors related to this Agreement. 2. The State, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder. The Vendor shall provide all reasonable facilities and assistance for the safety and convenience of the State representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the Vendor's work. SECTION III. TERMS OF AGREEMENT A. Effective Date And Contract Amount When signed by Contractor and approved Board of Supervisors this Agreement July 1, 1989 through June 30, 1990. by San Bernardino County shall be effective from B. Termination of Aqeement for Cause Upon breach of this Agreement, Contractor shall have the right to terminate this Agreement, by giving written notice to Vendor of such termination and specifying the effective date thereof, at least five (5! working days before the effective date of such termination. In that event, all finished or unfinished documents, and other materials prepared by Vendor shall become the sole and PAGE 4 OF 15 000 0 exclusive property of Contractor, the Vendor shall be entitled to receive reasonable compensation for any satisfactory work completed to date of termination, not to exceed the amounts payable to date of termination reduced by the amount of damages sustained by Contractor by reason of such breach. Notwithstanding the above, Vendor shall not be relieved of liability to Contractor for damages sustained by Contractor by virtue of any breach of the Agreement by. Vendor, and Contractor may withhold any payment to Vendor for the purpose of set-off until such time as the exact amount of damages due Contractor from Vendor is agreed upon or otherwise determined. C. Termination for Convenience Either Contractor or Vendor may terminate this Agreement upon thirty (30) days written notice to the other party. In that event, all finished or unfinished documents, and other materials prepared by Vendor shall become the sole and exclusive property of Contractor, and Vendor shall be entitled to receive reasonable compensation for any satisfactory work completed to date of termination, not to exceed the amounts payable to date of termination reduced by the amount of damages sustained by Contractor by reason of breach, if any. Notwi thstanding the above, Vendor shall not be relieved of liability to Contractor for damages sustained by Contractor by virtue of breach, if any, of the Agreement by Vendor, and Contractor may withhold any reimbursement to Vendor for the purpose of set-off until such time as the exact amount of damages due Contractor from Vendor is agreed upon or otherwise determined. D. Termination for Reduction, Suspension or Termination to County This contract may be terminated with twenty-four (24) hours notice in the event that the receipt by Contractor of CDA-MSSP funds is reduced, suspended or terminated for any reason. Vendor hereby expressly waives any and all claims against Contractor for damages arising from the termination, suspension, or reduction of the funds provided by CDA-MSSP to Contractor under which this Agreement is made, or of the portion thereof delegated by the Agreement. Upon termination, all finished or unfinished documents, and other materials prepared by Vendor shall become the sole and exclusive property of Contractor, and Vendor shall be entitled to receive resonable compensation for any satisfactory work completed on such documents, or other such materials to date of termination, not to exceed the amounts payable to date of termination reduced by the amount of damages sustained by Contractor by reason of breach, if any. Notwithstanding the above, Vendor shall not be relieved of liability to Contractor for damages sustained by Contractor by virtue of breach, if any, of the Agreement by Vendor, and Contractor may withhold any reimbursement to Vendor for the purpose of set-off until such time as the exact amount of damages due Contractor from Vendor is agreed upon or otherwise determined. PAGE 5 OF 15 o SECTION IV. o ADMINISTRATIVE CONDITIONS o OF AGREEMENT o A. Selection of Vendors This Agreement does not guarantee the Vendor that their services will be requested by authorized Contractor staff. This Agreement does authorized Contractor staff to purchase services from the Vendor when the services are needed by a client. There will be more than one Vendor, unless only one applies, in each of the State MSSP Service Categories. Selection of the Vendor to provide specific services for a client will be based on the following criteria: 1. Lowest unit rate for the specific services needed. 2. Vendor services available where client resides. 3. Ability of Vendor to perform the services at the time(s) requested by Contractor staff. 4. Quality of the services provided by the Vendor to previous Contractor clients. As SHAHC clients are frail and have diminished physical and social capabilities, they are dependent upon staff to arrange for services which they themselves would choose if they were more independent. Thus, the quality of service provided includes not only factors related to the performance of work tasks but also the manner in which the Vendor relates to the SHAHC client. B. Chanqes Once the Agreements with all Vendors are signed and approved, a complete list of all Vendors, services, geographic areas served, and unit/rates per service will be compiled and made available for review at the MSSP Office. During the course of the year current Vendors may request to amend their existing Agreement. A request to amend an existing Agreement must be made in writing to the Contractor. Contractor may from time to time request changes in the scope of services of Vendor to be performed hereunder. Such changes, . including any increase or decrease in the amount of Vendor's compensation, which are mutually agreed upon by and between Contractor and Vendor shall be effective when incorporated in written amendments to the Agreement. No oral understanding or agreement, not inporporated herein, shall be binding on the parties hereto. C. Client Confidentiality The Vendor shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this agreement, except for statistical information not identifying any client. The Vendor shall promptly transmit PAGE 6 OF 15 . o o o o to the Contractor all requests for disclosure of such information not emanating from the client. The Vendor shall not disclose, except as otherwise specifically permitted by this Agreement or authorized by the client, any such information to anyone other than the Contractor. For purposes of this paragraph, identity shall limited to, name, identifying number, symbol, or particular assigned to the individual, such as print or a photograph. D. Findinqs Confidential include, but not other identifying finger or voice Any reports, information, data, statistics, forms, procedures, systems, studies and any other communication or form of knowledge given to or prepared or assembled by Vendor under this Agreement which Contractor requests to be kept as confidential shall not be made available to any individual or organization by Vendor without the prior written approval of the Contractor. Contractor shall have the right to examine such records to the extent necessary to assure compliance with this Agreement. E. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the- sole and exclusive property of Contractor. No such materials or properties produced under this Agreement shall be the sole and exclusive property of Contractor. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright or patent right by Vendor in the United States or in any other country without the express written consent of Contractor. Contractor shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement, including research articles and publications based on activities receiving support from the County of San Bernardino Office on Aging. F. Evaluation of Performance The CQunty or State, through any authorized representatives, has the right to all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder. The Vendor shall provide all reasonable facilities and assistance for the safety and convenience of the State or County representatives in the performance in such a manner as will not unduly delay the Vendor's work. PAGE 7 OF 15 .~ o o o o SECTION V. INSURANCE A. Indemnification and Coveraqe The Vendor agrees to indemnify, defend and save harmless the State, its officers, agents, volunteers, employees, and the Contractor, its officers, agents and employees, from any and all claims and losses accruing or resulting to any and all contractors, 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 Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured .or damaged by the Vendor in the performance of this Agreement. The Vendor agrees to indemnify, defend and hold harmless the Department, the County and their authorized agents, officers, volunteers and employees against any and all claims arising from Vendor's acts or omissions and for any costs or expenses incurred by the Department, County or Vendor on account of any plans therefore. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Vendor shall secure and maintain throughout the terms of the contract the following types of insurance with limits as shown: Workers' Compensation A program of Workers' Compensation Insurance or a State-approved Self Insurance Program in an amount and 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 the Vendor and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-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). Professional Liability (if applicable) - Professional Liability Insurance with limits of at least $1,000,000 per claim. In lieu of naming the County as an additional insured, the policy may be endorsed as follows: "Insurance coverage afforded by this policy shall also apply to the liability assumed by the Insured under the Agreement with the County of San Bernardino for Vendor's services provided such liability results from an error, omission, or negligent act of the insured, its officers, employees, agents or subcontractors. All other provisions of this policy are to remain unchanged." PAGE B OF 15 j;Qi>O<' o o o .:> B. Certificates Vendor shall furnish certificates of insurance and certified copies of all policies and endorsements to the Department evidencing the insurance coverage above required 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 Department, and shall maintain such insurance from the time Vendor commences performance of services hereunder until the completion of such services. All policies, with respect to the insurance coverage above required, except for the worker I s Compensation insurance coverage and Professional Liability coverage, if applicable, shall obtain additional endorsements naming the Department and the County, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of the services hereunder. All policies required above are to be primary and noncontributing with any insurance or self-insurance programs carried or administered by the County. SECTION VI. COMPLIANCE REGULATIONS -. A. Leqal Status of Vendor It is agreed that Contractor and State is interested only in the results obtained and that vendor shall perform as an independent Vendor with sole control of the manner and means of performing the services required under this Agreement. Vendor shall complete this Agreement according to Vendor's own means and methods of work which shall be in the exclusive charge and control of Vendor and which shall not be subject to control or supervision by Contractor or the State except as to verification of compliance with this Agreement and as to the results of the work. Vendor is, for all purposes arising out of this Agreement, an independent Vendor. B. Vendor's Employees and Equipment Vendor agrees that Vendor has secured or will secure at Vendor 's own expense all persons, employees and equipment required to perform the services required under this Agreement. C. Subcontracts In the event any subcontractor is utilized by Vendor for any portion of the program, Vendor retains the prime responsibility for carrying out all terms of this Agreement, including the responsibility for insuring the availability and retention of records of subcontractors. No subcontract utilizing funds from this Agreement shall be entered PAGE 9 OF 15 ~' o o o o into which has a term extending beyond the ending date of this Agreement as set forth in Section III hereto. Any subcontracts under this Agreement other than standard commercial supplies, office space or printing services shall be approved in writing by the Contractor's representative, shall have no force or effect until so approved, and shall be subject to the provisions of this Agreement. A copy of any executed subcontract must be forwarded to . Contractor wi thin thirty ( 30) days before the beginning da te of the subcontract. D. Assignability The Vendor shall not assign any interest in this Agreement, and shall not transfer any interest in the same, whether by assignment or novation, without the prior written consent of the Contractor thereto: provided, however, that claims for money due or to become due to Vendor from Contractor under this Agreement may be assigned without such approval. Notice of any such assignment or transfer shall be furnished promptly to County. E. Conflict of Interest Vendor covenants that Vendor, its officers or employees or their immediate family, presently has no interest, including, but 'not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Vendor further convenants that in the performance of this Agreement no person having any such interest shall be employed or retained by Vendor under this Agreement. Vendor shall not hire Contractor's employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of Contractor. Performance of services under this Agreement by associates or employees of Vendor shall not relieve Vendor from any responsibility under this Agreement. F. Federal, State and Local Laws and Regulations Vendor shall comply with all Federal, State and local laws and regulations and requirements, including the Contractor's regulations and directives pertinents to its operation. Vendor shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances which are necessary for the provision of contracted services. Vendor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. G. Fiscal and Performance Audits and Inspection of Records Authorized the right Federal, State or to monitor, assess, County representatives or evaluate Vendor's shall have performance PAGE 10 OF l5 -," o o o ,0 pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspections of premises, reports, and interviews of project staff and participants. At any time during normal business hours and as often as Contractor may deem necessary, Vendor shall make available to County, State and/or Federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit County, State and/or Federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement. Records must document provision of services stated in this Agreement. Vendor shall maintain and keep available all such records within the County of San Bernardino for a minimum of four (4) years from the ending date of this contract if a County, State or Federal audit has occurred, and five (5) years from said date if audit has not occurred, and in the case of audit exception by Federal, State or County, until every exception has been satisfactorily cleared. Records for nonexpendable property, which was acquired with Federal funds, shall be retained for three (3) years after its final disposi tion. Vendor shall submit such reports of its acti vi ties and expenditures as may be required by the Federal, State or County governments. H. Affirmative Action and Fair Employment The Vendor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical or mental handicap, or age. The Vendor will take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical or mental handicap, or age. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and career development opportunities and selection for training, including apprenticeship. The Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or the State, setting forth the provisions of the Equal Opportuni ty paragraph and the Rehabilitation Act of 1973. Such notices shall state the Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified applicants without discrimination based on their race, color, religion, sex, national origin, physical or mental handicap, or age, and the right of applicants and employees. The Vendor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, state that all qualified applicants will receive consideration for employment without regard PAGE 11 OF 15 o o o o to race, color, religion, sex, national origin, physical or mental handicap, or age. The Vendor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding a notice, to be provided by the Federal Governemnt or the State, advising the labor union or worker's representative of the Vendor's commitments under this paragraph and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Vendor will comply with all provisions of the Rehabilitation Act of 1973 and of the Federal Executive Order No. 11246 as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Vendor will furnish all information and reports required by Federal Executive Order No. 11246 as amended and the Rehabilitation Act of 1973, and by the rules, regulations, and orders 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 of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Vendor's noncompliance with the requirements of this Equal Opportunity paragraph or with any Federal rules, regulations, or orders, which are referred in this paragraph, this Agreement may be conceled, terminated, or suspended in whole or in part and the Vendor may be declared ineligible for further federal or state contracts in accordance with procedures authorized in Federal Executive Order No. 11246 as amended and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 as amended, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. . I. Vendor Subcontracts of $10,000 or More The provisions of this paragraph apply to Vendor subcontracts of $10,000 or more. The Vendor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: Employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. PAGE 12 OF 15 -, o o o o The Vendor agrees that all suitable employment openings of the Vendor which exist at the time of the execution of this Agreement and those which occur during the performance of this Agreement, including those not generated by this Agreement and including those occurring at an establishment of the Vendor other than the one where in the Agreement is being performed but excluding those of independently operated corporate affiliates, shall be listed at an. appropriate local office of the state employment service system wherein the opening occurs. The Vendor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. Listing of employment openings with the employment service system pursuant to this paragraph shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Vendor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. Whenever the Vendor becomes contractually bound to the listing provisions of this paragraph, it shall advise the employment service system in each state where it has establishments of the name and location of each hiring location in the state. As long as the Vendor is contractually bound to these provisions and has so advised the state system, there is no need to advise the state system of subsequent contracts. The Vendor may advise the state system when it is no longer bound by this contract clause. . This paragraph does not apply to the listing of employment openings which occur and are filled outside the 50 states, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. . The provisions of this paragraph do not apply to openings which the Vendor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exculsion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. As used in this paragraph: "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction: plant and office: laborers and mechanics: supervisory and nonsupervisory: and technical, executive, administrative, and professional openings that are compensated on a salary basis of less than $25,000 per year. PAGE 13 OF 15 ,"'-,-,,' , . o o o o This term includes full-time employment, temporary employment of more than three days' duration, and part-time employment. It does not include openings which the Vendor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances, an employment opening may Dot be suitable for listing, including such situations where the needs of the Federal Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Federal Government. "Appropriate office of the state employment service system" means the local office of the federal/state national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. "Openings which the Vendor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Vendor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Vendor proposes to fill from regularly established "recall" lists. -. "Openings which the Vendor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" means employment openings which the Vendor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Vendor and representatives of his employees. The Vendor agrees to comply with the rules, regulations, and relevant orders of the Federal Secretary of Labor issued pursuant to the Act. In the event of the Vendor's noncompliance with the requirements of this paragraph, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Federal Secretary of Labor issued pursuant to the Act. The Vendor agrees to post in conspicuous places available to employees and applicants for employment notices in a form to be prescribed by the Director of the Office of Federal Contract Compliance Programs, provided by or through the Contracting Officers or State. Such notices shall state the Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees. PAGE 14 OF 15 "', -" o o o o The Vendor will notify each labor union or representative or workers with which it has a collective bargaining agreement or other contract understanding that the Vendor is bound by terms of the Vietnam Era Veteran's Readjustment Assistance Act and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era. SECTION VII. NOTICE Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: CONTRACTOR VENDOR: Office on Aging Senior Home and Health Care 686 East Mill Street San Bernardino, CA 92415-0640 City of San Bernardino Senior Companion Program 600 W. 5th Street San Bernardino, CA 92410 SECTION VIII. ATTORNEY'S FEES AND COSTS -. In a legal action to enforce any of the terms and conditions of this Agreement in which the Contractor prevails, the Vendor promises to pay, 1n addition to other amounts found due, such reasonable costs and attorney's fees that the Contractor incurs. The vendor shall pay all of its attorney's fees and costs and such costs and fees are not recoverable from contractor. SECTION IX. INTEGRATED DOCUMENT This Agreement and attachments hereto embody the total Agreement between the Contractor and Vendor for the provision of Services. No verbal agreements or conversation with any officer, agent, or employee of the Contractor concerning the terms or conditions of this Agreement shall affect or modify any of the terms or obligations contained in any document comprising this Agreement. Any such verbal agreement shall be considered as unofficial information, and in no way binding upon the Contractor. PAGE 15 OF 15 ~..,-""~~~"=:-'- o o o o IN WITNESS THEREOF Contractor and Vendor have signed this Agreement as of the date first written above. VENDOR CONTRACTOR By: Director of Parks. Recreation and Communi tv Services Title Director Date Date APPROVED AS TO FORM AND LEGAL CONTEN.T. James F. Penman. ~ t>lt..t:1<! 1':;' o o o o EXHIBIT "A" - SCOPE OF SERVICES AGREEMENT FOR PURCHASE OF SERVICES OFFICE ON AGING, SENIOR HOME AND HEALTH CARE AGENCY City of San Bernardino PHONE 384-5030 MAILING ADDRESS 600 West Fifth Street, San Bernardino, CA 92410 CONTACT PERSON Annie Ramos SERVICE SITE Senior Companion Program PHONE 384-5100 ADDRESS 600 West Fifth Street, San Bernardino, CA 92410 CONTACT PERSON Betty Lewison HOURS OF OPERATION 7:30AM - 4:30PM Vendor shall perform the following services as defined by the Contractor in Exhibit "B" of this Agreement for clients of the Senior Home and Health Care Program. It is understood that the implementation of services is dependent upon care plans developed by Senior Bome and Health Care staff for Senior Home and Health Care clients, and ordered from Contractor. The Contractor is under no obligation to make any referrals for the purpose of services during the lifetime of this Agreement. Vendor shall be reimbursed on a unit cost basis as established here, only for services authorized by Contractor and satisfactorily delivered by Vendor. The total amount of reimbursement for this service shall not exceed $16.250 Contractor shall allow reimbursement at the stipulated rate of 2 hour fee as a One-Time-Only payment concerning an individual client under the following circumstances. a. Should client become institutionalized or deceased without the Contractor or the Vendor's knowledge. b. Should client become institutionalized or deceased with the Contractor's knowledge at least 48 hours in advance of regularly scheduled service by Vendor and Contractor fails to notify Vendor in order to cancel services. Such One-Time-Only payments concerning an individual client are not authorized and shall not be made under the following circumstances. Should client become institutionalized or deceased with the Contractor's knowledge at least 48 hours in advance of regularly scheduled service by Vendor and Contractor communicates such information to Vendor who fails to cancel service. 0 0 0 EXHIBIT A (con't. ) 0 SERVICE COST UNIT SERVICE NUMBER PER UNIT TYPE Social Reassurance 8.3 3.38 per hour Mile~ge .29 per mile Meals 1.50 Der meal ATTACHED ADDITIONAL INFORMATION DATE: May 18, 1989 Over 8 hours is l~ time hourly rate with case manager authorization only. l~ hourly rate on the following holidays only: New Year's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas. o o o o EXHIBIT "B" - DEFINITION OF SERVICES AGREEMENT FOR PURCHASE OF SERVICES OFFICE ON AGING, SENIOR HOME AND HEALTH CARE 002,2 - Housinq Assistance Minor home repairs (not involving major structural changes or repairs). Maintenance necessary for accessibility (ramps, grab bars, handrails), safety (electrical wiring), or security (locks). 003.1 - Home Chore Household Support Services activities may include, but are not limited to, household cleaning, laundry, shopping, food preparation and other household maintenance. Client instruction in performing household tasks and meal preparation may also be provided. 003.2 - Personal Care Personal Care assistance in maintaining bodily hygiene, personal safety, and activities of daily living. Tasks are limited to nonmedical personal services such as feeding, bathing, oral hygiene, grooming, dressing, care of and assistance with prosthetic devices, rubbing skin to promote circulation, turning in bed and other types of reposition, and assisting with walking and moving the client from place to place. Client instruction in self care may also be provided. 003.3 - Health Care Health Care addresses care of health problems by appropriately licensed or certified persons when such care is not available through the existing Medi-Ca1 Program and cannot legally be provided by unauthorized individuals and when such ca~e is prescribed or approved by a physician. Other persons providing such health care may include occupational, physical, speech, recreational, respiration and vision therapists and audiologists. MSSP health care may include but is not limited to: insulin injections, catheter care, dressings, use of respiration equipment, medication, range of motion and use of prosthetic devices. In addition to the provision of care, these professional and paraprofessionals may train, demonstrate and supervise clients in techniques which will enable them (or their caretakers) to carry out their own care for the above health problems wherever possible.