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HomeMy WebLinkAbout23-Parks and Recreation 0110 OF SAN BERNARDI~ - REQU~T FOR COUNC~N I 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 o o o o 1 RESQLUTION NO.. 15 Bernardino at a 16 the 17 to wit: meeting thereof, held on , 1986, by the following vote, day of 18 19 20 21 22 23 24 Council Members AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day 25 of 26 , 1986. 27 Approved as to form: 28 tt:~!:!~~~/ Mayor of the City of San Bernardino o - o o o NOTIFICATION OF CONTRACT NUMBER TO CONTRACT AWARD 1 2 3 4 5 6 7 8 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 . 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 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 o o o 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 29 30 31 32 33 34 35 36 37 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. ". 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 . 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 amoun , P"",.. , o o o o 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 1 23 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 Page 3 0 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 29 30 31 32 33 34 35 36 000 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 Page 4 o 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 29 30 31 32 33 34 35 36 ~ , 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 . 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 Page 5 o 1 2 3 4 S 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 3S 36 000 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 . 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 Page 6 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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. 10 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). , . 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' Page 7 0 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 , 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 000 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 . 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 Page 8 o 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 29 30 31 32 33 34 35 36 000 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 . 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. Page 9 o o o o 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 Deputy County Counsel 27 28 29 30 31 32 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 33 34 35 36 Page 10