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HomeMy WebLinkAbout21-Parks and Rec CITY OF SAN BERtaRDINO - REQUEST ~R COUNCIL ACTION Fr.om: ANNIE F. RAMOS, DIRECTOR RESOLUTION AUTHORIZING AN AGREEMENT Subject: WITH THE EAST VALLEY REGIONAL COUNCIL ON AGING FOR PROVIDING COMPANIONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. Dept: Parks, Recreation and Community Services Department Date: October 22, 1991 Synopsis of Previous Council action: January 23, 1991 - Adopted Resolution 91-14 authorizing Companion Se~vices. for the East Valley Area for the period January 1 - June 30, 1991. Recommended motion: Adopt Resolution tfL, 1~ Contact person: Tom B09gs Phone: 5032 Supporting data attached: Staff Report, Resolution & Agreement Ward: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.l No cos~ to Ci ty- City wi 11 be reimbursed for servlces. (Acct. DescriPtion) Finance: Council Notes: :JI - CITY OF SAN BERNQRDINO - REQUEST F()t COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING AN AGREEMENT WITH THE EAST VALLEY REGIONAL COUNCIL ON AGING FOR PROVIDING COMPAN- IONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. The city of San Bernardino has the only SCP Program in this region; consequently, other governmental agencies seek assistance through our program to provide companions for their areas. The East Valley Regional Council on Aging 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. October 22, 1991 75.0264 """-'?-' 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 NO. 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 AND THE EAST VALLEY REGIONAL COUNCIL ON AGING, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY SERVICE AREA BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. 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 East Valley Regional Council on Aging, San Bernardino county for the purpose of providing companionship and personal services to clients in the East Valley Service Area by the city of San Bernardino senior Companion Program; a copy of said agreement is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the day of , 1991, by the following vote, to wit: ",.~;;"...,,' . 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 AND THE EAST VALLEY REGIONAL COUNCIL ON AGING, SAN BERNARDINO COUNTY, FOR THE PURPOSE OF PROVIDING COMPANIONSHIP AND PERSONAL SERVICES TO CLIENTS IN THE EAST VALLEY SERVICE AREA BY THE CITY OF SAN BERNARDINO SENIOR COMPANION PROGRAM. COUNCIL MEMBERS: ESTRADA NAYS ABSTAIN ABSENT AYES REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1991. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney ~~~,7 II II 10/22/91 P~1-~ 1 1 2 3 .. 5 6 7 8 , 10 11 12 13 U 15 l' 17 18 U 20 21 22 23 24 25 26 27 28 2!t '10 31 32 33 34 35 36 .........-...,., .d!l o o NOTIFICATION OF CONTRACT AWARD CONTRACT NUMBER TO: SENIOR COMPANION PROGRAM BY: EAST VALLEY .:';",. JULY REGIONAL COUNCIL ON AGING THIS AGREEMENT, is made on the 1st day of , 19~, by and between the Regional hereinafter called the RCA and Council on Aging, SENIOR COMPANION PROGRAM , direct service provider, hereinafter called "Contractor." The Older Americans Act of 1965, as Amended, provides for assistance to state and local agencies to develop social supportive services to meet the needs of older persons. The California Department of Aging has allotted funds to the County of San Bernardino Office on Aging acting as the Area Agency on Aging, hereinafter called the Office on Aging or "OoA", for the purpose of administering a certain portion of said funds pursuant to said act i and for the purpose of planning service programs and activities for older persons. WHEREAS, the RCA desires to use Office on Aging monies to fund, and the Contractor desires to operate and execute a Regional Program, this contract is executed to reduce to writing, the specific terms and conditions covering the funding, execution and operation of the program provided by this contract. THEREFORE, in consideration of the mutual promises and covenants contained herein, the RCA and the Contractor agree as follows: 1. DEFINITIONS: CDA PM means "Title III Program Manual for Area Agencies on Aging." This manual is based on Federal regulations for Title III published March 31, 1980 (CFR, Chapter 8, Subchapter C, Par. 1321). Pertinent parts of 45 CFR, Sub-title A, Part 74, Page 1 of 14 _..:..;~"~~~ 1 2 J . 5 6 '7 8 , 10 11 12 13 U 15 16 1'7 18 11 20 21 22 23 2~ 25 26 2'7 28 2' 30 31 32 3J ,~ 35 36 . I 1!l - . o o 2. published June 3, 1980, have also been used. A copy of the manual is available at the San Bernardino County Office on Aging during regular office hours. WORK TO BE PERFORMED: The Contractor shall, in a satisfactory manner as determined by the RCA and OoA, conduct, administer and provide Regional services for the elderly as defined in the attached WORK PROGRAM (Exhibits A and A-l) and PROGRAM BUDGET (Exhibit B). The aforementioned and all other exhibits are, by this reference, made a part of this contract as if fully set forth herein. .r:..,'. 3. PERFORMANCE STANDARDS AND REMEDIES: If for any reason the Contractor's service falls below 5% or exceeds 25% of the contracted level during any calendar quarter, the Contractor will submit to the RCA within thirty (30) calendar days an analysis of the problem and the actions being taken to -correct the problem. If the problem persists, the RCA, and the Contractor will jointly prepare a written corrective plan with time lines for completion. If the Contractor fails to carry out the corrective action in the required time frame, sanctions will be invoked as described in the OoA Sanction Policy. Continued lack of corrective action will be cause for termination of contract. If, after all appropriate actions have been taken, the service level still falls below 5% or exceeds 25% of the contracted level, the RCA may in its sole discretion revise the contracted level of service and the budget, as appropriate. TERM: The term of this Agreement will begin on the 1st day of JULY , 1991 ,and terminate on the 19 92 ,subject, herein provided. COMPENSATION/SCHEDULE OF PAYMENTS: The maximum amount of funds awarded under this 4. 30th day of JUNE however, to early termination as , 5. contract shall be Page 2 of 14 '1 1 2 3 4 5 , 1 I , 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 2' 21 21 2' 30 31 32 33 34 35 31 -1""".177 _ .lII o o , and shall be subject to receipt from the California Department of Aging and $ 2,000.00 of funds the OoA. Contractor shall provide assurance that all funds received' by the Contractor from the RCA shall be accounted for separat~~y in the Contractor's accounting " system and segregated from all other funds under the Contractor's control. Any funds received by the Contractor from the RCA which have not been obligated prior to the termination of this Agreement shall be returned to the RCA immediately thereafter. The initial advance payment to the Contractor shall be $ 333.33 after which payments shall be based upon the units of service delivered during the previous sixty (60) day period and cash balance on hand and shall not exceed $ 333.33 per sixty (60) day period unless approved in writing by the RCA and the OoA Director. Contractor must be bonded 6. in order to receive an advance. The initial payment to the Contractor shall be made wi thin sixty (60) days of the commencement of service and thereafter payment for each sixty (60) day period of services will be made no later than the 30th day of the following month subject to the availability of funds from the OoA. MATCHING SHARE: The Contractor will contribute a cash match of $ -0- and/or an in-kind match of $ 222.00 for a total match of ten (10) percent of all expended RCA/OoA and matching funds. Allowable match shall be in accordance with CDA Program Manual, Part I, Section 200, Non-Federal resources. FISCAL RESPONSIBILITY: The Contractor agrees to strictly adhere to the approved budget, listed in Exhibit B. Contractor will ensure that all expenditures are supported by properly executed payroll, time records, invoices, contracts, vouchers, orders, and any other Page 3 of 14 7. o o 1 accounting documents pertaining in whole or in part 2 to this contract. Such documents shall be clearly 3 identified and readily accessible to the RCA Board and 4 the OoA staff, as may be required. 5 8. AUDIT: Within 90 days after the termination of this 6 contract, Contractor shall perform an audit and submit :.: , information as required'in the OoA Final Program Report. . Requirements of the Final Program Report will be in , accordance with instructions found in the OoA 10 Contractor's Manual. In the event of an audit exception! 11 all documents referred to in Paragraph 7, FISCAL 12 RESPONSIBILITY, shall be maintained and kept available 13 until every exception has been cleared to the 1. satisfaction of RCA and OoA. 15 9. INDEMNIFICATION: The Contractor agrees to indemnify, 16 defend and hold harmless the County and its authorized 11 agents, officers, volunteers and employees against any 18 and all claims or actions arising from Contractor's 19 acts, errors or omissions in performing services pursuant 20 to this contract and for any costs or expenses incurred 21 by the County on account of any claim therefore. 22 10. INSURANCE: In order to accomplish the indemnification 23 herein provided for, but without limiting the 24 indemnification, the Contractor shall secure and maintain 25 throughout the term of the contract the following types 26 of insurance issued by companies acceptable to the Risk 2' Manager with limits as shown: 28 - Workers' Compensation A program of Workers' 29 Compensation insurance or a state-approved 30 Self-Insurance Program in an amount and form to meet 31 all applicable requirements of the Labor Code of the 32 State of California, including Employer's Liability 33 with $250,000 limits, covering all persons providing 34 services on behalf of the Contractor and all risks 35 to such persons under this Agreement. 36 - Comprehensive General and Automobile Liability Page 4 of 14 1....'..1'"" ,o;,c.;,;;".'- o o 1 2 1 .. 5 6 , 8 . 10 11 12 11 1. 15 16 11 18 11 20 21 22 23 2. 25 26 2' 28 2. 3D 31 32 33 34 35 36 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 ($1,000,0001. - Errors and Omissions Liabilitv Insurance single limits of $1,000,000 for bodily property damage or Professional Liabilitv Professional insurance with limits of at least $1,000,000 and in the aggregate. ADDITIONAL NAMED INSURED - All policies, except for the Workers' Compensation coverage and Errors and Omissions or Professional Liabili ty, shall contain additional endorsements naming the County employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage the County shall be named as a designated person referencing this agreement' s Contract No. on the policy. WAIVER OF SUBROGATIONS RIGHTS - Contractor shall require the carriers of the above required coverages to waive all rights of subrogation against the County, its officers, volunteers, employees, contractors and subcontractors. - Combined injury and liabili ty per claim POLICIES PRIMARY AND NON-CONTRIBUTORY - All policies required above are to be primary and non-contributory wi th any insurance or self-insurance programs carried or administered by the County. PROOF OF COVERAGE - Contractor shall immediately furnish certificates of insurance to the Department evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificate~ shall provide that such insurance Page 5 of 14 .1...'...." - ^~~,......." o o 1 shall not be terminated or expire without thirty (30) 2 days written notice to the County. Wi thin sixty (60) 1 days of the commencement of this Agreement the Contractor 4 shall furnish certified copies of the policies and 5 endorsements. 6 INSURANCE REVIEW The above insurance requirements .... 1 are subject to periodic review by the County. The . County's Risk Manager is authorized, but not required, , to reduce or waive any of the above insurance 10 requirements whenever the Risk Manager determines that 11 any of the above insurance is not available, is 12 unreasonably priced, or is not needed to protect the 13 interests of the County. In addition, if the Risk 14 Manager determines that heretofore unreasonably priced 15 or unavailable types of insurance coverage or coverage 16 limits become reasonably priced or available, the Risk 11 Managaer is authorized, but not required, to change 18 the above insurance requirements to require additional 1t types of insurance coverage or higher coverage limits, 20 provided that any such change is reasonable in light 21 of past claims against the County, inflation, or any 22 other item reasonably related to the County's risk. 23 Any such reduction or waiver for the entire term of 24 the Agreement and any change requiring additional types 25 of insurance coverage or higher coverage limits must 26 be made by amendment to this Agreement. Contractor 27 agrees to execute any such amendment within thirty (30) 28 days of receipt. 2. 11. LICENSURE: Where the State or local public jurisdiction 30 wi thin the State requires licensure for the provision 31 of services, the Contractor will, in performing the 32 services stipulated in this contract, obtain all 33 necessary licenses, and maintain such licenses throughout 34 the term of this contract. 35 12. REPORTS: Contractor, at such times and in such forms 36 as the RCA and OoA may require, shall furnish RCA and Page 6 of 14 ."....., a.."" o o 1 OoA statements, records, reports, data and information 2 as RCA and OoA may request pertaining to Contractor 3 performance of services hereunder and other matters . covered by this Agreement. S 13. INSPECTIONS: Contractor shall make available to RCA, 6 OoA, State or Federal.. officials, its records and data ". 1 with respect to all matters covered by this Agreement I for inspection and audit. Said inspection and audit , may be made at any time during normal business hours 10 after reasonable notice (CDA PM, Part G, Section 93.21 11 N 8). 12 14. MONITORING AND ASSESSMENT: Contractor shall permit 13 RCA, OoA, State or Federal officials to monitor, assess 14 or evaluate Contractor's performance under this 15 agreement. Said monitoring, assessment or evaluation 16 shall include, but not be limited to, project site visits 17 and interviews with Contractor's employees and agents 18 providing the service under this Agreement and recipients l' thereof. Contractor will ensure cooperation and shall 20 attend all meetings mandated by the RCA and OoA. 21 15. PROPERTY MANAGEMENT SYSTEM: All equipment, materials, 22 supplies or property of any kind purchased with OoA 23 funds provided herein shall be in accordance with CDA 24 PM, Part G, Section 93.19, and if not fully expended 25 or consumed prior to termination of this contract shall 26 be the property of the RCA, unless otherwise directed 27 by the OoA Director. The Contractor shall be held liable 28 for all losses of or damage to non-expendable equipment 2' or material resulting from negligence or improper 10 implementation of safeguards. The disposal, loss and/or 31 destruction of property or equipment shall be fully 12 documented by the Contractor with copies thereof provided 33 to the OoA with the monthly report for the month in 34 which it occurred. Loss by vandalism or theft must 35 be immediately reported to the police. The OoA Director 36 shall be notified of the loss wi thin seventy-two (72) Page 7 of 14 mO _ 1 2 3 4 5 6 ., 8 , 10 11 12 13 14 15 16 11 18 11 20 21 22 23 24 25 26 27 28 2' 30 31 32 33 34 )5 36 o 0 hours of discovery of the loss. Equipment that is worn beyond economical repair may be turned in to the OoA for accountability purposes. Replacement of the item shall require OoA authorization. Any equipment purchased will be subject to review over the life of the equipment, and if not used, unde;rused or misused, may be claimed by the OoA for redistribution to other OoA projects. 16. AMENDMENTS TO THE CONTRACT: This Agreement constitutes the entire Agreement between the Contractor and the RCA with respect to the subject matter of this Agreement. There are no other or further written or oral understandings or agreements with respect to this Agreement. No variation or modification of this Agreement and no waivers of its provisions shall be valid unless in writing and signed by the parties. 17. CONDITIONS FOR TERMINATION: a) The RCA may terminate this Agreement 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 the event of such termination, the RCA and the OoA may proceed with the work in any manner deemed proper by the RCA and/or the OoA. The cost to the RCA and the OoA shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand. b) Without the prior written consent of the RCA and the OoA, this Agreement is not assignable by the Contractor either in whole or in part. c) The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor I s services and expenses incurred in the performance hereof. d) If the grant or other funding under which this contract is made is terminated, the RCA and the Page 8 of 14 ...., .... 1 2 1 .. 5 6 '7 8 . 10 11 12 13 14 15 16 1'7 18 11 20 21 22 23 24 25 26 2'7 28 2. 30 31 J2 33 34 J5 J6 o o OoA shall have cause to immediately terminate this contract. Notice of the termination shall be in writing to the Contractor. e) Reclamation and Closure: In the event of termination, all funds, property, finished or unfinished docume~ts, data, supplies, and reports '. obtained or prepared by the Contractor under this contract shall remain the property of the RCA unless otherwise directed by the OoA Director. f) The Contractor shall be entitled compensation for satisfactory performance or allowable expenses necessarily incurred under this contract. g) RCA and/or OoA and/or Contractor may terminate this contract upon thirty (30) days written notice to the other party. 18. TRAINING AND MANPOWER DEVELOPMENT: The Contractor agrees to participate in appropriate staff training and development provided by the RCA, OoA, the California Department of Aging and the Administration on Aging. 19. CONFIDENTIALITY: The Contractor will take steps to ensure that no information about, or obtained from an individual, and in the possession of the Contractor, will be discussed in a form identifiable with the individual, without the individual's informed consent. 20. PUBLICATIONS: Any books, reports, pamphlets, papers or articles based on activities funded by this contract must be approved by OoA prior to publication and must contain an acknowledgement of funding by the San Bernardino County Office on Aging, and the Regional Council on Aging. 21. COPYRIGHTS: If the contract results in a book or other copyrightable materials, the author is free to copyright the work, but the RCA and the OoA reserve a royalty- free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which Page 9 of 14 . . ..' o o 1 can be copyrighted resulting from the contract ICDA 2 PM, Part G, Section 93.19 X. 1. and 2.). 3 22. CONTRACT INDEPENDENCE: The Contractor and the agents 4 and employees of the Contractor in the performance of 5 this Agreement shall act in an independent capacity 6 and not as officers, or. . employees or agents of the State ' 7 of California, County of San Bernardino, the OoA or 1 the RCA. . 23. UNAUTHORIZED ACTIVITIES: All activities not expressly 10 authorized by this Agreement shall be prohibited without 11 the express written permission of the RCA and the OoA 12 Director or his authorized agent. 13 24. BINDING CONTRACT: In the event any portion of the 14 contract is found to be invalid, the remaining portions 15 shall continue to constitute a valid and binding 16 contract. 11 25. PLANNING EFFORT: The Contractor agrees to cooperate 11 with the RCA and the OoA in their efforts toward 1. developing a comprehensive and coordinated system of 20 services for the elderly by participating in joint 21 planning efforts and other activities mutually agreed 22 upon to meet this goal ICDA PM, Part H, Section 107.5). 23 26. CONTRIBUTION FOR SOCIAL SERVICES: The Contractor will 24 provide older persons rece1v1ng such services the 25 opportunity to contribute to all or part of the social 26 services . provided. Each individual recipient will 21 determine what he is able to contribute toward the cost 21 of the social service. No older person will be denied 2. a social service because of his failure to contribute. 3D No fee shall be required of the recipient. Methods 31 of rece1v1ng contributions from recipients shall be 32 handled in such a manner so as not to differentiate 33 among the individuals contributions publicly. .34 I California Department of Aging, Program Manual, Part 35 H., Section III.l). 36 27. GREATEST ECONOMIC. OR SOCIAL NEED: The Contractor Page 10 of 14 o o 1 understands that one of its responsibilities under this 2 contract is to insure that "preference will be given ] to providing services to older individuals with the .. greatest economic or social needs (Older Americans Act 5 of 1965 as Amended, Amendments of 1988, Public Law 98- 6 459, 306(a)(5) (A) (ii.l (I) (II))." "The term 'greatest :: 1 economic need' means the need resulting from an income 8 level at or below the poverty threshold established 9 by the Bureau of the Census, and the term 'greatest 10 social need' means the need caused by non-economic 11 factors which include physical and mental disabi li ties, 12 language barriers, and cultural or social isolation 13 including that caused by racial or ethnic status which 14 restricts an individual's ability to perform normal 15 daily tasks or which threatens his or her capacity to 16 live independently." (Older Americans Act of 1965 as 11 Amended, Amendments of 1988, Public Law 98-459, 306 18 (a) (5) (B) . ) Minimum program goals relating to 11 minori ties is determined for the census tracts served 20 by this contract by computing the percentage of minority 21 individuals sixty (60) years of age and older within 22 the total population sixty (60) years of age and older. 23 28. RELIGIOUS ACTIVITY PROHIBITED: There shall be no 24 religious worship, instruction, or proselytization as 25 part of, or in connection with, the performance of this 26 contract. 21 29. OTHER STATUTORY PROVISIONS: Contractor agrees to fully 28 comply with the laws and programs (including regulations 29 issued pursuant thereto) which are listed following 30 this paragraph. Such compliance is required to the 31 extent that such laws, programs and their regulation J2 are, by their own terms, applicable to this contract. 33 Contractor warrants that he will make himself thoroughly 34 familiar with the applicable provisions of said laws, 35 programs and regulations prior to commencing performance J6 of the contract. Copies of said laws, programs, and Page 11 of 14 o o 1 2 3 4 5 6 '7 1 , 10 11 12 13 14 lS 16 1'7 18 19 20 21 22 23 24 2S 26 2'7 21 2' 3D 31 32 33 34 35 36 regulations are available upon request from the San Bernardino County Contract Compliance Officer, 686 East Mill Street, San Bernardino, California 92415-0640. To the extent applicable the provisions of said laws i programs and regulations are deemed to be a part of this contract as if fully set forth herein. :'.: A. The San Bernardino County Affirmative Action Compliance Program (See Exhibit C). B. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92540, Title V Section 503 (a), Pub. L-93508, Title IV, as amended, Section 402. (38 USCA 2011-2013). C. Rehabilitation Act of 1973, as amended (handicapped) Pub. L. 93-112, amended. D. California Fair Employment Practice Act, Labor Code Section 1410 et. seq. E. Civil Rights Act of 1964, as amended (42 USCA 2000a to 2000h-6) and Executive Order No. 11246, September 24, 1965, as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60). (See Exhibit C.) F. Clean Air Act of 1970 (42 USC 1858 Section 306(h), et. seq.) and the Federal Water Pollution Control Act, (33 USC Section 508, et. seq.) as amended, and Executive Orders 1368, 11738, and U.S. Environment Protection Agency regulations (40 CFR Part 15). G. Provisions against lobbying are as follows: The following statutory provision (part of Sec. 407 of Pub. L. 95-480, 92 Stat. 1589) has applied to all Health and Human (HHS) appropriations beginning with those for Fiscal Year 1979 and is likely to continue to apply to any future appropriations. "No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant ,or contract or contract recipient or Page 12 of 14 .'I..........~., . 1 2 3 4 5 , '7 1 , 10 11 12 13 14 15 16 17 18 It 20 21 22 23 24 25 26 27 21 2' 30 31. 32 33 14 35 36 ........a....,., .IL - J o o agent acting for such recipient to engage in any activity designed to influence legislation or appropriation pending before Congress." This means that the costs of attempting to influence legislation pending before Congress may not be charged either as...direct or indirect costs to any <:.' HHS grant awarded from funds subject to the provision. Attempting to influence legislation is commonly called lobbying. This notice concerns only the charging of certain costs to Older Americans Act grants including the matching share. Nothing in this notice is intended in any way to inhibitor discourage any party from exercising its lawful rights to attempt to influence legislation pending before Congress as long as the costs are not charged to the grant. 30. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the Contractor and the RCA with respect to the subject matter of this Agreement. There are no other or further written or oral understandings or agreements with respect to this Agreement. No variation or modification of this Agreement and no waivers of its provisions shall be valid unless in writing and signed by the parties. FOR THE REGIONAL COUNCIL ON AGING FOR THE CONTRACTOR ~~. ~:1ouj Ie - -1 J DATE DATE ,APPROVeD AS TO FORM Ai'~'Ci ~,_:3'!-..~. CG1..:rENT. .'::'1:,<<:::. :;',,;"i1lili:::.n, Page 13 of 14 . 1 2 3 . S 6 1 . . 10 11 12 13 U 15 16 11 18 1. 20 21 22 23 2. 2S 26 21 28 2. 30 31 J2 33 3. 35 .36 - h. _ L o o CERTIFICATION SHEET Individual 11 ~ be a member of the governing board, identified as such.. Two separate individuals are to be involved. One individual..: is to sign the contract itself, :.,' and a second individual is to sign this certificate. I, certify that (Individual 11) I am of the (Position/Office) Corporation named as Contractor in the foregoing Contract i that who signed (Individual 12) said Contract on behalf of the Contractor was/were then of said Corporationi (Position/Office) said Contract was signed for Corporation by authority of within the scope of its of this Contract is contained meeting held on and in behalf of said its governing body and is corporate powers. Approval in the minutes of the Board Page 14 of 14 o o SENIOR COMPANION PROGRAM EXHIBIT A WORK PROGRAM FY 1991-92 In order to assist functionally impaired older persons to remain in their homes, the Senior Companion Program shall expend funds to provide services in the home to maintain independent living or provide respite for the primary caregiver. - ftLI!'OIlNIA D!:PARTMEN'l' OF A~ '1'I~II MANAGEMEN'l' INFOBMA'1'IoN-,ySTEMS DIVJ:SION (000 -- UNIT OF SDVJ:CE MEASUREMENTS , PROGRAM NO.. 8 - IN-HOME SDVICES (Rev. 10/89) ((08 Goal: '1'0 assist functionally-impaired older persons to remain in their homes. Definition: In-Home Services. consist of those services provided in the home whiCh assist 014er persons to maintain independent living or p;ovide respite for the primary caretaker. '1'hese services are: - heavy household tasks; cooking, shopping or light housekeeping: bathing, dressing, feeding and personal hygiene: - telephone reassurance; and .. - friendly visiting. Units of Service: REQUIRED (at least one) (OS) Chore . fl() Housekeeping/Homemaking (20) Personal Care (28) Telephoning (31) Visiting ((1) In-Home Services Registry O'1'HD(SI ( 19) OUtreach (SO). Shopping assistance ----------------------------------------------------------------- (MIS Unit No.) Definition (OS) Chore: '1'0 provide periodic maintenance for a household such as heavi cleaning, washing windows, trimming trees, and mowing awns. . UNIT: one hour Hous.kee~inalHomemak1na1 '1'0 provide light routine maintenance ot a houiiJiOld, including such support as dusting, vacuuming, laundry, meal preparation, or shopping. UNI'1': one hour (l() ----------------------------------------------------------------- '1'L ~S . 13 Division (000 Page 18 ISSUED: Pebruary 1991 ----------------------------------------------------------------- .. ; ,- i' :~,,- ,. ~ -= ~ -= o en .... ~ C,) a o t.) '; c= o .... 'QI) ~ ....................1... )~@}}~:t :: ..........,....... . : :;:~g{~::}::{: :; :.:.:.:.~;::.;.::,.:..... '. ;;.;......J' \1..' .., N ... N . N ... N N N o III o o o . N .. .. " o = .. .. " o = .... CXl .... .... CXl .... .... '" '" .... 0 '" III tl' tl' C C ... ... .... c. ... c. .. 0 ... .c > III CXl .. .. .. E tl 0... = ~ I .. C .. ....1Il g ... c os c. ~ u .. o ... c .. III ,<"'-'~.--17 - EXHIBIT C ASSURANCE 11 COMPL:IUCE WITH THE DBPAR~ OF REALTH ARD Il1JMAR SERVICES RBGOLPoTI01IIS mmER '!r:ITLE VI: OF THE C:IV:IL lUGBTS ACT OF 1964 City of San Bernardino Senior Companion Program (Name of Grantee or Contractor) (herein after called the -Recipient of Award-), IIBRBBY AGREES that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 33-352) and all requirements impose4 by or pursuant to the RegulationsJ of the Department of Health and Human Services (45CPR, Part 80) issued. pursuant to that title, to the end that, in accordance with Title VI of that Act and the regulation, no person in the United states shall, on the ground of race, color, sex, age, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination ul\der any program or activity for which the Recipient of Award received federal financial assistance from the San Bernardino CoQDty Office on AQinlll: a recipient of federal financial assistance from the Department 1 and IIBRBBY GIVES ASSURANCE that it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Recipient of Award by the Area Agency on Aging, this assurance shall obligate the Recipient of Award or in the case of any transfer of such property, any transferree, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involved in the provision of similar services or benefits. If any personal property is so proyided, this assurance shall obligate the Recipient of Award for the period during which the federal financial assistance is extended to it by the Area Agency on Aging. '1'HIS ASSURANCE is given in consideration of and for the purpose of obtaining all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Recipient of Award by the Area Agency on Aging, including installment payments after such data on account of applications for federal financial assistance which were approved before such date. The Recipient of Award recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the Recipient of Award, its successors, transferrees and assignees, and the person or persons whose signature appear below are authorized .to sign this assurance on behalf of the Recipient of Award. City of san Bernardino Senior Companion Program (Recipient of Avard'- 600 West Fifth Street Maress San Bernardino, CA 92410 BY: ~ITLE: DIRECTOR, Parks, Recreation and Community Services Department DATED: San Bernardino County OoA - Form 09 6/88