HomeMy WebLinkAbout23-Parks and Recreation
0110 OF SAN BERNARDI~ - REQU~T FOR COUNC~N
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From: ANNIE F. RAMOS, DlREC.mIl *""'''. .ff. Subject: RESOLUTION AUTHORIZING A SENIOR NUTRITION
ft~'1r,- PROGRAM CONTRACT BETWEEN THE CITY OF SAN
Dept: PARKS, RECREATION &_~MMUN\lf "R~~6 BERNARDINO AND THE COUNTY OF SAN
~ ~ BERNARDINO FOR THE BUDGET YEAR OF 1986-87
Date: JULY 3, 1986
Synopsis of PrlIVious Council ection:
1. Res. 12992 - 10/17/77
2. Res. 13082 - 12/12/77
3. Res. 79-53 - 02/07/79
4. Res. 80-80 - 03/03/80
5. Res. 80-303 - 07/21/80
6. Res. 81-316 - 07/20/81
7. Res. 82-219 - 05/17/82
8. Res. 83-202 - 06/20/83
9. Res. 83-221 - 07/05/83
10. Res. 83-294 - 09/06/83
11. Res. 83-443 - 12/05/83
12. Res. 84-135 - 04/09/84
13. Res. 84-266 - 07/09/84
14. Res. 84-453 - 11/13/84
15. Res. 85-711 - 08/07/85
16. Res. 86-33 - 02/03/86
17. Direction to Submit RFP to
County per Minutes of 05/19/86
Recommended motion:
Adopt resolution.
~r2.~'J,~
Sign ture
FUNDING REQUIREMENTS:
Amount: $12.060
Phone: 383 5030
Ward:;t?bM~,'# ;-~,
Source: 001-387. Senior Citizens
Service Center Budget
Finance:
Contact penon: Ann e Rhodes
Supporting date attached: Notification of Contract Award
Council Notes:
75-0262
Agenda Item NO~ -1,
'cl'er OF SAN B.RNARDCO - REQUOT FOR COUNCIL ACQION
STAFF REPORT
The Senior Nutrition Program contract represents a continuance of an existing program
in accotdance with the recommended proposal for 1986-87.
Number of Nutrition Sites
Federal Grant
9
$108,542
$ 12,060
City Match (In-Kind)
For the year 1986/87, the City of San Bernardino Senior Nutrition Program will consist of
the following sites:
Senior Service Center
Meadowbrook
Lytle Creek
Beautiful Light Inn
Healthways
Mill Center
Whi tney Young
Nicholson Center
Highland Senior Center
75.0264
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RESQLUTION NO..
15 Bernardino at a
16 the
17 to wit:
meeting thereof, held on
, 1986, by the following vote,
day of
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Council Members
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
25 of
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, 1986.
27 Approved as to form:
28 tt:~!:!~~~/
Mayor of the City of San Bernardino
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NOTIFICATION OF
CONTRACT NUMBER
TO
CONTRACT AWARD
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9 THIS AGREEMENT, is made on the day of ,
10 19_, by and between the County of San Bernardino acting as the
11 Area Agency on Aging, hereinafter called the Office on Aging or
12 "OoAM and Citv of San Bernardino. ,
13 direct service provider, hereinafter called .Contractor."
14 The Older Americans Act of 1965, as Amended, provides
15 for assistance to state and local agencies to develop nutrition
16 and social supportive services to meet the needs of older persons.
17 The California Department of' Aging has allotted funds
18 to the Office on Aging for the purpose of administering a certain
19 portion of said funds pursuant to said act ~ and for the purpose
20 of planning service programs and activities for older persons.
21 WHEREAS, the OoA desires to use California Department
22 of Aging monies to fund, the .Contractor desires to operate and
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execute a Senior Nutrition 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.
Cit.y nf
San'B@rnardino
.
BY
SAN BERNARDINO COUNTY
OFFICE ON AGING
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in consideration of the mutual promises and
herein, the' OOA and the Contractor agree as
.
THEREFORE,
covenants contained
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, published June 3, 1980, have also been used.
2. WORK TO BE PERFORMED: The Con-cractor shall, in a
satisfactory manner as determined by the OoA, conduct, administer
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and provide nutrition services for the elderly as defined in the
attached WORK PROGRAM (Exhibit A) and PROGRAM BUDGET (Exhibit
B). The aforementioned and all other exhibits are, by this
reference, made a part of this contract as if fully set forth
herein.
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3. PERFORMANCE STANDARDS AND REMEDIES: If for any reason
the Contractor's service falls below 90% of the contracted level
during any calendar quarter, the Contractor will submit to the
Office on Aging within 30 calendar days an analysis of the probl
and the actions being taken to correct the problem. If the probl
persists, the Office on Aging 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' 90%' of the contracted level, the OoA may renegotiate the
contracted level of service and the budget, as appropriate.
4. TERMS: Terms of this agreement will begin on' 1st da
of Julv , 19~, and terminate on the 30th day of
June , 19...aL, subject.. however~. to early termination
as herein provided.
5. COMPENSATION/SCHEDULE OF PAYMENTS:
of funds awarded under this contract shall be $ 180,473
and shall be subject to availability of funds.
Contractor may request: in writing, a payment advance
totaling 10% of the contract amount under this agreement fo
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start-up purposes. Said advance shall be. repaid the OoA. in . tw
equal installments from the May and June, 19~ reimbursements
to contractor. Payment advances may be approved by the OoA subjec
to availability of funding. Contractor shall thereafter be
compensated monthly in arrears based upon the units of servic
provided the previous month. The rate per meal will be $0.792
per completed unit of service as identified in Exhibit B-1 and/or
B-2, and as approved by the Office on Aging, subject to th
availability of funds from the funding source.
The maximum
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Project income should be approximately ~, of total
2 expenditures shown in Exhibit B-1 and/or B-2.
3 6. MATCHING SHARE: The Contractor will contribute a cash
4 match of $ -0- and/or an inkind match of $ 12,060 for a
5 total match of 10 percent of all expended OoA and matching funds.
6 Allowable match shall be in accordance with CDA Program Manual.
7 Part I, Section 200, Non-Federal resources.
8 7. FISCAL RESPONSIBILITY: The Contractor agrees to strictly
9 adhere to the approved budget. listed in Exhibit B-1 Contractor
10 will ensure that all expenditures are supported by properly executed
11 payroll. time records. invoices, contracts. vouchers. orders.
12 and any otner accounting documents pertaining in whole or in part
13 to this contract. Such documents shall be clearly identified
14 and readily accessible to OoA staff. as may be required.
15 8. AUDIT: Within 90 days after the termination of this
16 contract. Contractor shall perform an audit and submit information
17 as required in the OoA Final Program Report. Requirements of
18 the Final Program Report will be in accordance with instructions
19 found in the OoA Contractor's Manual. In the event of an audit
20 exception. all documents referred to in' Paragraph 8. FISCAL
21 RESPONSIBILITY, shall be maintained and kept available until every
22 exception has been cleared to the satisfaction of OoA.
.
9. INSURANCE: The Contractor shall. maintain the' following
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24 coverage:
25 a) General and Automobile Liability Insurance Prior to
26 entering upon performance of this contract, the Contractor agrees
27 to submit proof to the County of General and Automobile Liabilitv
28 Insurance in the amount of $i,OOO,oOO, combined single limits
29 for bodily injury. and/or property damage, _ for the -period of the
30 contract. Said policy shall constitute primary insurance protecting
31 the County and Office on Aging and their officers, agents and
32 employees, and shall name such government and persons as additional
33 named insured. Said policy shall provide thirty (30) days prior
34 written notice to the County of cancellation or material change.
35 bJ Workers' Compensation Insurance Contractor agrees.
36 throughout the period of the contract, to maintain in full force
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and effect a policy of Workers' compensation program covering
all of its employees, and to submit proof of such insurance to
the County, prior to entering upon performance of this contract.
c) Blanket Fidelity Bond - Prior to entering upon performance
of this contract, the Contractor agrees to submit to the County
proof of a blanket fidelity bond in an amount equal to one month
of the contract payroll of the contract period, covering all
officials, employees and agents handling or having access to funds
received or disbursed by the Contractor under this contract, or
who re authorized to sign, or countersign checks. Said bond shall
constitute primary protection for the County, and the Office on
Aging, and their officers, agents, and employees. The bonding
company shall provide at least thirty (30) days prior written
notice to the County of cancellation or material change.
10. LICENSURE: Where the State or local public jurisdiction
within the State requires licensure for the provision of services,
the Contractor will, in performing the services stipulated in
this contract, obtain all necessary licenses.
11. REPORTS: Contractor, at. such times and in such forms
as OoA may require, shall furnish OoA statements, records, reports,
data 'and information as OoA may request pertaining to Contractor
performance of services hereunder and other matters covered by
,
this agreement.
12. INSPECTIONS: Contractor shall make available to OoA,
State or Federal officials, its records and data with respect
to all matters covered by this agreement for inspection and audit.
Said inspection and audit may be made at any time during normal
business hours a~ter reasonable' notice (CDA PM, part G, Section
93.21
13.
State
N 8).
MONITORING AND ASSESSMENT:
or Federal officials to
Contractor shall permit OoA,
monitor, assess or evaluate
Contractor's performance under this agreement. Said monitoring,
assessment or evaluation shall include, but not be limited to,
project site visits and interviews with Contractor's employees
and agents providing the service under tn1s agreement and recipients
thereof. Contractor will ensure cooperation and shall attend
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all meetings mandated ~ the OoA. 0 0
14. PROPERTY MANAGEMENT SYSTEM: All equipment, materials,
supplies or property of any kind purchased with OoA funds provided
herein shall be in accordance with CDA PM, Part G, Section 93.19,
and if not fully expended or consumed prior to termination of
this contract shall be the property of the OoA, unless otherwise
directed by the OoA Director. The Contractor shall be held liable
for all losses of or damage to non-expendable equipment or material
resulting from negligence or improper implementation of safeguards.
The disposal, loss and/or destruction of property or equipment
shall be fully documented by the Contractor with copies thereof
provided to the OoA with the monthly report for the month in which
it occurred. Loss by vandalism or theft must be immediately
reported to the police. The OoA Director shall be notified of
the loss wi thin seventy-two (72) 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, under-used or misused, may be claimed by the OoA
for redistribution to other OoA projects.
15. AMENDMENTS TO THE CONTRACT: Any contract change requires
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amendment to the contract in writing and signed by both parties.
16. CONDITIONS AND GROUNDS FOR SUSPENSION OR TERMINATION:
a) If the Contractor fails to comply with part or all of
the provisions of this contractual agreement or such other statutes,
executive order, OoA and California Department of Aging, and other
directives as may .become generally applicable at any time, the
OoA shall thereupon have the right to suspend or terminate the
contract by giving written notice to the Contractor specifying
the effective date thereof. Contents of the written notice shall
be as ,specified in the OoA Contractor I s Manual. A determination
as to non-compliance on the part of the Contractor shall include
but is not limited to: (1) failure to fulfill in a timely and
proper manner, its work program requirements; (2) submission of
incorrect or incomplete reports; (3) improper or ineffective use
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of the funds provided or derived under this contract, as determined
by OoA. (4) failure to comply with California Department of Aging
rules and regulations.
b) If the grant or other funding under which this contract
is made is terminated, the OoA. shall have cause to immediately
terminate this contract. Notice of the termination shall be in
writing to the Contractor.
c) Reclamation and Closure: In the event of termination,
all funds, property, finished or unfinished documents, data,
supplies, and reports obtained or prepared by the Contractor under
this contract shall, at the option of the OoA become OoA property.
d) The Contractor shall be entitled compensation satisfactory
for performance or allowabl~ expenses necessarily incurred under
this contract.
e) Either party may terminate this contract upon thirty
(30) days written notice to the other party.
17. TRAINING AND MANPOWER DEVELOPMENT: The Contractor agrees
to' participate in appropriate staff training and development
provided by the OoA, the California Department of Aging and the
Administration on Aging.
18. CONFIDENTIALITY: The Contractor will take steps to ensure
that no information about, or obtained from an individual, and
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in the possession of the Contractor, will be' discussed in a form
identifiable with the individual, without the individual's informed
consent. Lists of older persons compiled pursuant to California
Civil Code,. Title 1-8, Section 1978.24 will be used solely for
the purpose of providing nutrition services, and only with the
informed consent. of each individual on such list (CDA PM, Part
B, Section 19.1).
19. PUBLICATIONS: Any books, reports, pamphlets, papers,
or articles based on activities funded by this contract must contain
an acknowledgment of funding by the San Bernardino County Office
on Aging.
20. COPYRIGHTS: If the contract results in a book or other
copyrightable materials, the author is free to copyright the work,
but the OoA reserves a royalty-free, non-exclusive and irrevocable
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l' license to reproduce, ~bliSh' or ot2rwise use, and to autho~ze
2 others to use, all copyrighted material and all material which
3 can be copyrighted resulting f.rom the contract (CDA PM, Part G,
4 Section 93.19).
5 21. CONTRACTOR INDEPENDENC)::: The Contractor and the agents
6 and employees of the Contractor in the performance of this agreement
7 shall act in an independent capacity and not as officers, or
8 employees or agents of the State of California, County of San
9 Bernardino or the OoA.
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ACTIVITIES: All activities not
agreement in Exhibit A shall be
written permission. of the OOA
expressly
prohibited
Director or
22. UNAUTHORIZED
authorized by this
without the express
his authorized agent.
23. BINDING CONTRACT: In the event any portion of the contract
is found to be invalid, the remaining portions shall continue
to constitute a valid and binding contract.
24. PLANNING EFFORT: The Contractor agrees to cooperate
with the OoA in its efforts toward developing a comprehensive
and coordinated system of services for the elderly by participating
in joint 'planning efforts and other activities mutually agreed
upon to meet this goal (CDA PM, fart H, Section 107.5).
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25. CONTRIBUTIONS: The Contractor will prov1de mechanisms
for older persons receiving services to con~ribute to help defray
costs of all services provided. No older person will be denied
service because of his/her failure to contribute. No' fee shall
ever be required of recipients. Methods of receiving contributions
from recipients' shall be handle9 in such a manner so as not to
differentiate among individual's contributions publicly (CDA PM,
Part H, Section: 111.1) . Contractor will' encourage participants
to increase their donations if they can afford it.
26. GREATEST ECONOMIC OR SOCIAL NEED: The Contractor
understands that one of its responsibili 1:,ies under this 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 of 1965 as Amended, Amendments of 1984, Public
Law 9B-459, 306 (5) (A) )." "The term 'greatest economic need'
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means the need resulting from an income level at or below the
poverty threshold established by the Bureau of the Census, and
the term 'greatest social need' means the need caused by
non-economic factors which include physical and mental disabilities,
language barriers, and cultural or social isolation including
that caused by racial or ethnic status which restricts an
individual's ability to perform normal daily tasks or which
threatens his or her capacity to live independently. (Older
Americans Act of 1965 as Amended, Amendments of 1984, Public
Law 98-459, 306 (6))." Minimum program goals relating to minorities
within this contract have been established by computing the
percentage of minority elderly over 60 within the geographic area
served by the Contractor.
27. RELIGIOUS ACTIVITY PROHIBITED: There shall be
worship, instruction, or proselytization as part
connection with, the performance of this contract.
28. HOLD HARMLESS: The Contractor agrees to indemnify, and
hold harmless the County of San Bernardino and OoA, its officers,
agents, and .employees from any and all claims, actions at law
or equity, and losses .accruing or resulting from any and all actions
or omissions of the Contractor, his subcontractors, materialmen,
laborers and any other person, firm or corporation furnishing
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or supplying work, services, materials or supplies in connection
with the performance of this contract and shall assume full
responsibility for payment of all federal, state and local taxes
or contributions imposed or required under employment insurance,
social security and income tax laws.
Contract~r agrees to fully comply with the laws and
programs (including regulations issued pursuant thereto) which
are listed following this paragraph. Such compliance is required
to the extent that such laws, programs and their regulations are,
by their own terms, applicable to this contract. Contractor
warrants that he will make himself thoroughly familiar with the
applicable provisions of said laws, programs and regulations prior
'too commencing performance of 'tone contract. Copies of said laws,
programs, and regulations are available upon request from the
no religious
of, or in
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San Bernardino County Contract Compliance Officer, 686 East Mill
Street, San Bernardino,' California 92415-0640. To the extent
applicable the provisions of said laws, programs and regulations
are deemed to be a part of this contract as if fully set forth
herein.
1. The San Bernardino County Affirmative Action Compliance
Program (See Exhibit C).
2. Vietnam Era Veterans' Readjustment Assistance Acts of
1972 and 1974, as amended. Pub. L. 92-540, Title V, Section 503
(a), Pub. L-93-508, Title IV, as amended, Section 402. (38 USCA
2011-2013) .
3. ' Rehabilitation act of 1973, .as amended (handicapped)
Pub. L. 93-112, as amended.
4. California Fair Employment Practice Act, Labor Code Section
1410 et. seq.
5. Civil Rights Act of 1964, as amended (42 USCA 2000a to
2000h-6) and Executive Order No. 11246, September 24, 1965, as
amended by Executive Order 11375 and as supplemented in Department
of Labor regulations (41 CFR, Part 60).
6. 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 Services appropriations
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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 agent acting for such recipient to engage
in any activity gesigned to influence legislation or appropriation
pending before the Congress."
This means that the costs of attempting to influence
legislation pending before Congress may not be charged either
as direct or indirect costs to any HHS grant awarded from funds
subject to the provision. Attempting to influence legislation
is commonly called lobbying.
This notice concerns only the charging of certain costs
to Older Americans Act (OAA) grants including the matching share.
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any way to inhibit or
lawful rights to attempt
Congress as long as the
Nothing in this notice is intended in
discourage any party from exercising its
to influence legislation pending before
costs are not charged to an OAA grant.
This Agreement c?nstitutes the entire agreement between
the Contractor and the OoA with respect to the subject matter
of this agreement. There are no other or further written or oral
understandings or agreements with respect to this agreement.
No variation or modification, of this agreement and no waivers
of its provisions shall be valid unless in writing and signed
by the parties.
FOR THE OFFICE ON AGING:
FOR THE CONTRACTOR:
San Bernardino County
Board of Supervisors
Evlyn Wilcox, Mayor
City of San Bernardino
DATE
DATE
APPROVED AS TO FORM:
DATE
DATE
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