HomeMy WebLinkAbout30-Parks and Recreation
CL... Y OF SAN BERNARt ~O - REQU :ST FOR COUNCIL At,. liON
From: ANNIE F. RAr10S, DIRECTOR
Dept: PARKS, RECREATION 1\ COMt1UN1IY SLlIVICLS
Date: MARCH 7, 1986
Subject: Servi ce Vendor Agreement with the
County OfficI' on ^'lin'l Spnior Hom" 1\
lI(,d I Lh (:111'(' 11r'oqt'dl1l - I{(' illllnu",I'IIH'IlL
to City for providing Senior Companion
Services
Synopsis of Previous Council action:
February 4, 1986: Department was authorized to submit a service vendor application.
Recommenr.led motion:
Adopt resolution.
tZ ;.- ~
Signature '
Contact person:
Annp Rhodp~
Phone:
iRi ~Oi7
Supporting data attached:
Yps
Ward:
FUNDING REQUIREMENTS:
Amount:
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Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item No~ 3[).
clL, OF SAN BERNARD" 10 - REQUr}T FOR COUNCIL ACAON
STAFF REPORT
This contract will enable the County Office on Aging Senior Home and Health
Care Program to reimburse the City for the service of Senior Companions assigned
to their program. The reimbursement will be at the rate of $3.92 per hour. It
is estimated that $5,000. plus, per year will be received. These will be local
funds which will assist the city in meeting the local match requirements in the
Senior Companion Program Grant.
75-0264
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R.ESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A~ID
DIRECTING THE EXECUTIO,l OF AN AGREE~lENT BET.'IEEN THE CITY OF SAN
BERNARDINO AND THE OFFICE ON AGING, SENIOR HO~E AND HEALTH CARE,
SAN BERNARDINO COUNTY FOR THE PURPOSE OF PROVIDING SERVICES TO
CLIENTS ENROLLED IN THE CALIFORNIA MULTIPURPOSE SENIOR SERVICES
PROGRAM.
BE IT RESOL~ED BY THE MAYOR AND CO~MON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLmvS:
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SECTION 1. The Mayor of the City of San Bernardino is
8 her~by authorized and directed to execute for and on behalf of
9 3~id City an Agreement with the Office on Aging, Senior Home and
10 Health Care, San Bernardino County for the purpose of providing
11 services to clients enrolled in the California Multipurpose
12 Senior Services Program; a copy of said Agreement is attached
13 hsreto as Exhibit "A" and incorporated herein by reference as
14 tho~gh fully set forth at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 sdo}ted ny the Mayor and Common Council of the City of San
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BE: rn:.1:: a ino
at a
meeting thereof, held on the
day of
------,
1986, by the following vote, to
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j\YES:
Council !.j8mbers
:;r,y s:
.\J3SENT:
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/ / / /
City Clerk
/ / / /
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IS
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The foregoing resolution is hereby approved this
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of
, 1986.
Approved as to form:
,,,,-.) '/~i ,F'
6 {l4:-(r/)!f/:,;~.~~
7 City Attorney
day
Mayor of the City of San Bernardino
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:C\'ER ?AGE
SECTION I.
SECTION II.
SECTION III.
SECTION IV.
SECTION V .
SECTION VI .
=:::C':IC~~ v:::r .
INDEX TO SECTIONS OF AGREEMENT
SERVICES TO BE PROVIDED
A. Contractor Responsibilities
B. Vendor Responsibilities
PAYMENT FOR SERVICES
A. Payment Schedule and Method
B. Conditions of Payment
C. Accounting Records
TERMS OF AGREE/lENT
A. Effective Date
B. Termination of Agreement for Cause
C. Termination for Convenience
D. Termination for Reduction, Suspen-
sion or Termination to County
ADMINISTRATIVECONDITIOFS OF AGREEMENT
A. Selection of Vendors
B. Changes
C. Client Confidentiality
,D. Findings Confidential
E. Ownership, Publica~ion, Reproduc-
tion and Use of Material
F. Evaluation of Performance
INSURANCE
A. Coverage
B. Certificates
C. Indemnification
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
E.' Affirmative Action and Fair Employ-
ment
I. Vendor Subcontracts of $10,000 or
More
NOTICE
Paoe
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'"0 SECT:O:'S OF AGREEHENT
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S::C':'ION VIII.
ATTORNEY'S FEES AND COSTS
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S::C':'IOK VI>:.
INTEGRATED DOCUHENT
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Ei:E:EIT IIA"
SCOPE OF SERVICES
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:::XEIEIT liB"
DEFINITION OF SERVICES
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S:G:;F.TURE PAG~
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,
hGREE!,:ENT FOR THE PURCHASE OF SERVICES
OFFICE Ol; AGING, SENIOR HOME AND HEALTH (MSSP) PROGRAM
~H:S hGRE~1ENT is made and entered into the day of
, :985, by and between the Office on Aging, Senior
Ho~e and Health Care, San Bernardino County (hereinafter called
"Cc~t:::-actor") anc r.ity of S~n Rprn~rclino
(hereinafter called "Vendor"), for the purpose of providing serv-
ices to clients enrolled in the California MULTIPURPOSE SENIOR
SERVICES PROGRN-: (HSSP).
WITNESSETH:
v~EREAS, OoA has entered into contracts with the California
Multipurpose Senior Services Program which has received funding
from the U.S. Department of Health and Human Services using exist-
ing Social Security Act Title XIX and Title XX monies; new Social
Security Act Title XIX monies granted from Federal Health Care
Financing Administration; and State of California's General Fund
no~ie5; and
KHEREAS, the Multipurpose Senior Services Program (HSSP)
has the commitment to provide alternatives for the integration
of these services; and
h~EREAS, most of these services already exist in California
co~unities; and
h~EREAS, the Multipurpose Senior Services Program (MSSP)
is the vehicle enabling local programs to provide services to
the elderly in an effective, yet humanly sensitive environment;
and
h~rlEREAS, the U.S. Department of Health and'Human Services
has approved waivers of compliance with some regulations under
Title XIX of the Social Security Act; and
v~LREAS, it is both desirable and necessary to employ inde-
pendent contractors ~o assist the OoA in implementing said con-
~=2.ctoZ's; and
v3EREAS, ~he OoA has authority pursuant to Government Code
31000 County of San Bernardino to contract for services under
said contracts; and
1,0\, THEREFORE, in consideration of the recitals and the
~utual obligations cf the parties as herein expressed, the OoA
a~c ~~e conditic~s agree as follows:
E-2S-E5/s....
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S~C::Q~ !.
SERVICES TO BE PROVIDED
~. Cc~~rac~or ResDonsibilities
1. ~he Contractor staff is responsible for the SHARC client
e~rollment, assessment, case planning; arranging with
con~ractors to provide services; shari~g client infor~a-
~ior. where necessary or appropr~ate; specifying author-
ized 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, SHARC
clients, and/or Contractor staff.
B. Vendor ResDonsibilities
1. Vendor shall provide, in a satisfactory and proper man-
ner, as determined by the Contractor's representatives,
services defined and set forth in Exhibit "B" (Service
Definitions) and Exhibit "A" (Scope of Services) attached
hereto and incorporated by this reference into this Agree-
ment to clients enrolled in the SHAHC program, based
cpon the type and levels of services ordered by Contrac-
to= 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 re-
quired by the State of California and County, enumerating
all services authorized and delivered to SHAHC client~.
Vendor shall make available to the Contractor all records
as necessary to conduct thorough and comprehensive con-
tract monitoring and auditing, and to conduct evaluation
concerning the Vendor and program as appropriate under
terms of this Agreement.
~. Ve~cor is expected to maintain an ongoing cooperation
between other service provider personnel and the Contrac-
tor staff; and to supply information to and to utilize
ir.formation received from the Contractor staff regarding
referred SHARC clients.
SEC~:CN II.
PAYMENT FOR SERVICES
~. ?a,~,en" Schedule and Method
Upor. receipt of an approved invoice, the Contractor shall
pay the Vendor for services authorized the previous month.
~~cer normal conditions, payments should be released
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by Contractor approximately twenty-one (21)
receipt of a correctly prepared invoice.
days after
2. The Contractor shall provide the Vendor by the 10th work-
~ng day of each month, a Service Authorization Form show-
ing the authorized services requested for each SHARe
client for the previous month, and the total cost of
those services. If the Vendor's records do not agree
w~th the monthly Service Authorization Form, they shall
contact the SHAHC Fiscal Officer to reconcile the differ-
ences. The Vendor shall submit an invoice each month
to the Contractor which agrees with the amount, or the
reconciled amount, shown on the Service Authorization
form. No payments will be authorized for the month which
exceed the amount, or reconciled amount shown on the
Service Authorization Form. The invoice is due at the
Contractor Office by the 15th working day of each month.
E. Condi tions of Payment
1. Contractor shall reimburse Vendor only for services or-
dered by authorized SHABC staff. The Vendor agrees that
reimbursement for each service furnished under this agree-
ment 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. wnenever Vendor is not in compliance with any
provision of the Agreement, Contractor may withhold pay-
ment 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.
~nere 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 obli-
gation to pay for any services provided under such void
Service Authorization.
3. If Vendor cannot provide authorized services to a speci-
fic client, or feels the authorized services are not
appropriate, Vendor shall notify Contractor staff within
three (3) working days of receipt of Services Authoriza-
tion.
4.
Vendor shal~ be compensated on a unit cost basis as es-
tablished in Exhibit "A" (Scope of Services) attached
hereto and incorporated by this reference, into this
;'~gree!7lent .
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~he Vendor agrees that reimbursement for each service
=urnishec under this Agreement waae in accordance ~ith
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~he ra~es stipulated herein, represents payment in full
:or said service. The Vendor shall not seek reimburse-
~e~t :rom the Contractor for any service reimbursed in
~hole or in part by any other payor.
f. 1'0 request for payment of funds shall be approved by
~he Contractor's representative until reports required
u~der this Agreement have bee~ filed by Vendor.
c. ~ccou~ti~o Records
1. Ve~dor agrees to maintain and preserve, until three years
after termination of Contractor's Agreement with the
State of California, and to permit the State or any of
its duly authorized representatives, including the Comp-
~roller General of the United States, to have access
to and to examine and audit any pertinent books, docu-
ments, 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 other-
wise evaluate the work performed or being performed here-
under. The Vendor shall provide all reasonable facili-
ties a~d assistance for the safety and convenience of
the State representatives in the performance of their
duties. All inspections and evaluations shall be per-
:ormed in such a manner as ~ill not unduly delay the
Vendor's work.
SEC~IO~; III.
TERMS OF AGREE}:ENT
A. E::ective Date
A. This Agreement shall be effective from the date of execu-
tic~ by the Contractor or aoproval by the State of Cali-
fornia, Department of Aging"whichever date is later, '
through
3. :er~inatic~ of Aqreement for Cause
[pcn breach of this Agreement, Contractor shall have the
=~qh~ to terminate this Agreement, by giving written notice
~o Vendor of such termination and specifying the effective
da~e ~hereof, at least five (5) ~orking days before the ef-
fective da~e of such terminatio~. In that event, all finished
cr unfinished documents, and other materials prepared by
Ve~dor shall become the sole and exclusive property of Con-
~rac~or, the Vendor shall be entitled to receive reasonable
cc~pensation for any satisfactory work completed to date
cf cer~ination, not to exceed the amounts payable to date
cf termination reduced by the amo~nt of damages sustained
~y Contractor by reason of such breach. Not~ithstanding
~~e abcve, Vendor shall not be relieved of liability to Con-
~ractcr fcr damages sustained by Contractor by virtue of
a~y ~reach of the Agreement by Vendor, and Contractor may
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~i~hhold any payment to Vendor for the purpose of set-off
until such time as the exact amount of damages due Contractor
fron Vendor is agreed upon or otherwise determined.
Co Ter~ination for Convenience
Either Contractor or Vendor may terminate this Agreement
upon thirty (30) days written notice to the other party.
:n 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 satisfac-
tory 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. Notwithstanding the above, Vendor shall not be re-
lieved 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 fer Reduction, Suspension or Termination to County
This contract may be terminated with ~wenty-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, suspen-
sion, or reduction of the funds provided by CDA-MSSP to Con-
tractor 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 reasonable compensation for any satis-
factory work completed on such documents, or other such na-
terials to date of termination, not to exceed the amounts
payable to date of termination reduced by the amount of dam-
ages sustained by Contractor by reason of breach, if any.
Net~ithstanding the above, Vendor shall not be relieved of
liability to Contractor for damages sustained by Contractcr
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 other-
~ise determined.
~:::CTION IV.
ADY.INISTRATIVE CONDITIONS OF AGREEMENT
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Selection of Vendors
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~~lS
ices
Agreement does not guarantee the Vendor that their
~ill be requested by authorized Contractor staff.
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This
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h~reemen~ does authorize Contractor staff to purchase services
:~orn the Vendor when the services are needed by a client.
~~ere will be more than one Vendor, unless only one applies,
-- each of the State MSSP Service Categories. Selection
ot the Vendor to provide specific services for a client will
be based on the following criteria:
, 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.
-. Quality of the services provided by the Vendor to previ-
ous Contractor clients. As SHARC clients are frail and
have dininished physical and social capabilities, they
are dependent upon staff to arrange for services which
they themselves would choose if they were more independ-
ent. 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
SHARC client.
3. C~anoes
Once the Agreements with all Vendors are signed and approved
by the State MSSP Administrator, a complete list of all Ven-
do=s, services, geographic areas served, and unit/rates per
se=vice will be compiled and made available for review at
t~e MSSP Office. During the course of the year current Ven-
60=s may request to amend their existing Agreement. A re-
~~est 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
co~?ensation, which are mutually agreed upon by and between
Ccntractor and Vendor shall be effective when incorporated
in written amendments to the Agreement. No oral understanding
o~ ag=eement, not incorporated herein, shall be binding on
~~e parties hereto.
C. C~ient Confidentiality
~~e Vendor shall protect from unauthorized disclosure names
~,.- other identifying information concerning persons receiv-
~ng services pursuant to this agreement, except for statist-
cal intormation not identifying any client. The Vendor shall
?~c~ptly transmit to the Contractor all requests for disclo-
ct such information not emanating from the client. The Ven-
~c~ s~all not disclose, except as othe~'ise specifically
?e~~itted by this Agreement or authorized by the client,
~~y such information to anyone other than the Contractor.
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,For purposes of this paragraph, identity shall include, but
~ot limited to, name, identifying number, symbol, or other
identifying particular assigned to the individual, such as
finger cr voice print or a photograph.
D. Findinqs Confidential
Any reports, information, Cata, statistics, forms, procedures,
systems, studies and any other communication or form of kno,,'-
ledge given to or prepared or assembled by Vendor under this
hgreement which Contractor requests to be kept as confiden-
tial shall not be made available to any individual or organi-
zation 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 in whole or in part under this Agree-
ment 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. Contrac-
tor 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 Ber-
nardino Office on Aging.
F. Evaluation of Performance
The County or State, through any authorized representatives,
has the right to all reasonable times to inspect or other-
wise evaluate the work performed or being performed hereunder.
The Vendor shall provide all reasonable facilities and assis-
tance 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.
SECTION V.
!NSURANCE
A. Coveraae
Vendor agrees to maintain such insurance as will fully pro-
tect both Vendor" and Contractor from any and all claims under
any worker's compensation act or employer's liability laws,
and from any and all other claims of whatsoever kind or nature
for the damage to property or for personal injury, including
death, made by anyone whomsoever which may arise from opera-
tions carried on under this Agreement, either by Vendor,
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any subcontractor or by anyone directly or indirectly engaged
or employed by either of them.
B. Certificates
Vendor shall submit insurance policies or certificate of
insurance evidencing that Vendor and all its subcontractors
have obtained for the period of the contract, from a generally
recognized responsible insurer, insurance in the following
forms of coverage and insurance amounts specified.
1. A poicy of worker's compensation insurance covering all
employees of Vendor. Vendor shall require said require-
ments of subcontractors.
2. Comprehensive General and Automobile Liability Insurance
of:
a. $100,000 Bodily Injury - per person,
b. $500,000 Bodily Injury - per occurrence,
c. $50,000 Property Damage or., in lieu of 1-3,
d. $500,000 Combined Single Limi t Bodily Injury and
Property Damage.
3. Any Vendor providing professional assistance such as
medical services, etc., shall be insured for a minimum
of $1,000,000 per occurrence for professional liability.
With the exception of worker's compensation, the policies
shall name the Contractor as "Additional Insured."
Each policy of insurance shall contain the following
clauses:
"It is agreed that these policies shall not be
cancelled nor tha coverage reduced until thirty
(30) days after Contractor shall have received
written notice of such cancellation or redirec-
tion. The notice shall be deemed effective the
date delivered to Contractor, as evidenced by
properly validated return receipt."
Vendor agrees to provide Contractor's designee at or
before the effective date of this contract with a certi-
ficate of insurance of the policy or policies necessary
to satisfy and to keep insurance in effect during the
entire term of the contract. Failure to so insure shall
be grounds for immediate termination or suspension.
C. Indemnification
The Vendor agrees to indennify, defend and save harmless
the State, its officers, agents and employees, and the
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Contractor, its officers, agents and employees, from any
anc all claims and losses accruing or resulting to any and
all contractors, subcontractors, materialmen, laborers, and
any other person, firm or corporation furnis~ing or supplying
~ork, services, materials or supplies in connection with
the performance of this Agreement, and fro~ any and all claims
and losses accruing or resulting to any person, firm or cor-
poration who may be injured or damaged by the Vendor in the
performance of this Agreement.
SECTION VI.
COMPLIANCE REGULATIONS
A. Leaal Status of Vendor
It is agreed that Contractor and State is in~erested only
~n the results obtained and that Vendor shall perform as
an independent Vendor with sole control of t~e manner and
means of performing the services required under this Agree-
ment. 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 indepen-
dent Vendor.
B. Vendor's Emplovees and Eauipment
Vendor agrees, that Vendor has secured or will secure at Ven-
dor's own expense all persons, employees and equipment re-
quired to perform the services required under this Agreement.
C. Subcontracts
In the event any subcontractor is utilizec by Vendor for
any portion of the program, Vendor retains t~e prime respon-
sibility for carrying out all terms of this Agreement, includ-
ing the responsibility for insuring the availability and
retention of records of subcontractors. No subcontract util-
izing funds from this Agreement shall be entered 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 t~e provisions
cf this Agreement. A copy of any executed s~bcontract must
be forwarded to Contractor within thrity (30i days before
the beginning date of the subcontract.
D. Assianability
The Vendor shall not assign any interest in ~his Agreement,
and shall not transfer any interest in the same, whether
by assignment or novation, without the prior written consent
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of the Contractor thereto; provided, however, that claims
for money due or to become due to Vendor from Contractor
under this Agreement ~ay 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 per-
formance of services required to be performed under this
Agreement. Vendor fur"her 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 Requlations
Vendor shall comply with all Federal, State and local laws
and regulations and requirements, including the Contractor's
regulations and directives pertinent to its operation. Ven-
dor shall maintain current throughout the life of this Agree-
ment, 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 Federal, State or County representatives shall
have the right to monitor, assess, or evaluate Vendor's per-
formance pursuant to this Agreement, said monitoring, assess-
ments, 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 "0 County, State and/or Federal officials
for examination all 0: its records with respect to all matters
covered by this Agreerent and will permit County, State and/
or Federal officials to audit, examine and make excerpts
or transcripts from s~ch records, and to make audits of all
invoices, materials, payrolls, records of personnel, informa-
tion regarding clients receiving services, and other data
relating to all matters covered by this Agreement. Records
must document provisicn of services stated in this Agreement.
Vendor shall maintain and keep available all such records
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within the County of San Bernardino for a minimum of four
(4) years =rom 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
proper~y, which was acquired with Federal funds, shall be
retained for three (3) years after its final disposition.
Vendor sha:l submit such reports of its activities and expen-
ditures as may be required by the Federal, State or County
governments.
H. Aff~rmative Action and Fair Employment
The Vendor will not discriminate against any employee or
applicant =or employment because of race, oolor, religion,
sex, natio~al origin, physical or mental handicap, or age.
The Vendor will take affirmative action to ensure that quali-
fied applicants are employed, and that employees are treated
during employment without regard to their race, color, reli-
gion, 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;
recrui~~ent or recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and career de-
velopme~t opportunities and selectio~ 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 Opportunity
paragraph and the Rehabilitation Act of 1973. Such notices
shall state the Vendor's obligation under the law to take
affi=mative action to employ and advance in employment quali-
fied applicants without discrimination based on their race,
color, religion, sex, national origin, physical or mental
handicap, or age, and the rights 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 em-
plo~ent without regard to race, color, religion, sex, na-
tional origin, physical or mental handicap, or age.
The Vendor will send to each labor union or representative
of wcrkers with which he or she has a collective bargaining
agreement or other contract or understanding a notice, to
be provided by the Federal Government or the State, advising
the labor union or worker's representative of the Vendor's
co~~i~rnents under this paragraph and shall post copies of
the ~ctice in conspicuous places available to employees and
applicants for employment.
The Vendor .....ill co:r.ply with all provisions of the Rehabilita-
tion Act c= 1973 and of the Federal Executive Order No. 11246
as amended, and of the rules, regulations, and relevant orders
0: t~e Sec=etary of Labor.
-11-
,
~
...----.-.-..-..--.-
.
,
The Vendor will furnish all information and reports required
~y Federal Executive Order No. 11246 as amended and the Reha-
cili~ation Act of 1973, and by the rules. regulations, and
orcers of the Secretary of Labor, or pursuant thereto, and
will per~it access to his books, records, and accounts by
~he contracting agency and the Secretary of Labor for pur-
poses of inves~igation to ascertain compliance with such
rules. regulations, and orders.
In the event of the Vendor's noncompliance with the require-
ments 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 accord-
ance 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 posi-
tion 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 quali-
fied disabled veterans and veterans of the Vietnam era with-
out 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
fo~,s of compensation, and selection for training, including
apprenticeship.
The Vendor agrees that all suitable employment openings of
the Vendor which exist at the time of the execution of this
hgreement and those which occur during the performance of
this Agreement, including those not generated by this Agree-
ment and including those occurring at an establishment of
~he Vendor other than the one where in the Agreement is being
performed but excluding those of independently operated cor-
porate affiliates, shall be listed as an appropriate local
office of the state employment service system wherein the
opening occurs. The Vendor further agrees to provide such
reports ~o such local office regarding employment openings
and hires as may be required.
~isting 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
-12-
attach to ~he placing of bona fide job order, including the
acce?tance of referrals of veterans and nonveterans. The
list~ng of employment openings does not require the hiring
0: a~y 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 regu-
lations regarding nondiscrimination in employment.
Whenever the Vendor becomes contractually bound to the listing
prov~sior.s 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 provi-
sions and has so advised the state system, there is no need
to advise ~he 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 organi-
zation or to fill pursuant to a customary and traditional
employer-union hiring arrangement. This exclusion 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 s~itable employment openings. includes, but
is not limited to, openings which occur in the fol-
lowing job categories: Production and nonproduction:
plant and office; laborers and mechanic~; supervisory
and nonsupervisory; technical and executive, admin-
istrative, and professional openings that are com-
pensated on a salary basis of less than $25,000
per year. This term includes full-time employment,
temporary employment of more than three days' dura-
tion, and part-time employment. It does not include
openings which the Vendor proposes to fill from
~ithin his own organization or to fill pursuant
to a c~stomary and traditional employer-union hiring
arrangement nor openings in an educational institu-
tion which are restricted to students of that insti-
tution. Under the most compelling circumstances,
an e~p:oyment opening may not be suitable for list-
~ng, including such situations where the needs of
~he Federal Government cannot reasonably be otherwise
supplied, where listing would be contrary to national
securi~y, or ~here the req~irement of listing would
othe~'ise not be for the best interest of the Federal
Govern~ent.
-13-
"hp?ropriate office of the state employment service
sys~ern" means the local office of the federal/state
national system of public employment offices with
assi~ned responsibility for serving the area where
the employrr.ent 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 open-
in~s for which no consideration will be given to
persons outside the Vendor's organization (including
any affiliates, subsidiaries, and the parent com-
panies) 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, regula-
tions, 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 Fed-
eral 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 dis-
abled veterans and veterans of the Vietman era for
emplcyment, and the rights of applicants and employees.
The Vendcr will notify each labor union or represen-
tative of workers with which it has a collective
bargaining agreement or other contract understanding
that the Vendor is bounp by terms of the Vietnam
Era Veteran's Readjustment Assistance Act and is
cor.~itted to take affirmative action to employ and
advance in employment qualified disabled veterans
and veterans of the Vietnam era.
-14-
SECTIO!~ VI!.
NOTICE
;~y nctice or notices required or permitted to be given pursuant
~o 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:
COKTRACTOR:
VENDOR:
Office on Aging
Senior Home and Health Care
686 East nill Street
San Bernardino, CA 92415-0640
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, in addition to other amounts found due, such
reasonable costs and attorney's fees that the Contractor incurs.
SECTION VIX.
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.
;~y such verbal agreement shall be considered as unofficial in-
formation, and in no way binding upon the Contractor.
-15-
EXHIBIT "A" - SCOPE OF SERVICES
AGREEMENT FOR .PURCHASE OF SERVICES
OFFICE ON AGING, SENIOR HOME AND HEALTH CARE
hGENCY
PHONE
HAILING ADDRESS
CONTACT PERSON
SERVICE SITE *1 Senior Companion Program
PHONE 383 5100
ADDRESS 600 West 5 St.
CONTACT PERSON Alfreda DeJan
HOURS OF OPERATION 8:00 AM - 5:00 PM
SITE #2 PHONE
ADDRESS
Vendor shall perforn the following services as defined by the
Contractor in Exhibit "B" of this Agreement for clients of the
Senior Home and Health Care. It is understood that the imple-
mentation of services is dependent upon care plans developed
by Senior Home 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 satisfac-
torily delivered by Vendor.
COST
PER UNIT
UNIT
TYPE
SERVICE
. SERVICE
NUMBER
Social Reassurance
088.3
3.92
Der hour
*Unit cost mileaqe will be computed at .22~ Der mile for those companions who must use
the SCP van for transportation.
J..T':'.;;CP. ;.::JDITIO!~J..L INFORMATION
DJl.TE
-16-
EXHIBIT "B" - DEFINITION OF SERVICES
AGREEMENT FOR PURCHASE OF SERVICES
OFFICE ON AGING, SENIOR HO~ffi AND HEAL?H CARE
Serv~ce Definition: (To be completed for each service, each
contractor)
*Senior companion will be assigned to the Office on Aging Senior Home and Health
Care Program (SHAHC). SHAHC will assign Senior Companions to specific clients and
will provide supervision. Each companion will receive an assignment of 20 hours
per week..
, .
-17-
IN WITNESS THEREOF Contractor anc Vendor have executed this
Agreement as of the date first. written above.
VENDOR
CONTRJ..CTOR
3y
Title
Director
Date
Date
.....j
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; I-.._,~: ' ... / -"I '....{."'-' /"
(~,./ '_"<,.,.~..-.,' ," .."'1__'>'.. ,:.f"'"
-18-
.
ATTACH~~ENT ..
...
HOURLY RATE SHEET
Co 1 ur.m
Costs per
Hour
1.
Worker Base Salar
2.
Estimated Av
Cost
3.
Social Securit
(FICA)
4. Worker's Com ensation
5. Grou Medical/GrouD Life Insurance
6. OTHER TAXES REQUIRED BY LAW
Tax Act
State
ent Insurance
fleals (.25), Ins.
)
(.23) ,
(
\
Other {Identif
7. Pro ram Administration
8. Pro ram Profit
a
- .
TOTAL HOURLY RATE
$ 3.92
*Unit cost mileage will be computed at .22~ per mile for those clients who must
use this CP van for transportation.
,
.
Office on Aging t~oA)
Senior Home and Health Care (SHAHC)
SERVICE VENDOR APPLICATION
JI. Contractor Identification
1. Vendor Name: City of San Bernardino
Address: 300 N. "D" St.
San Bernardino, CA 92418
Telephone No:
383-5030
2. Legally Authorized Signature:
Title:
Director of Parks, Recreation & Community Services
3. Name of Contact Person:
Alfreda DeJan
Title:
Director, Senior Companion Program
Telephone:
383-5100
4. Type of Provider:
Incorporated, non-profit, tax exempt
Government agency X
Unincorporated group
Individual
Plofit Agency
Other (specify)
~. Service Rates
1. OoA-SHAHC(MSS~ plans to contract for the services listed
in the Request for Proposal Packet. List each service that
you are interested in the contracting to provide to SHAHC
clients and the rate of reimbursement per unit of service.
Name & number of
service offered
Senior Companions
Contractor's proposed
unit rate
$3.92 per hour
_*UnitJ;ost mileage will hp rnmp"tMj .t
who must use the SCP van for transportation.
22~ per mile fer tROSC e8ffipaAions
2.. Are the proposed unit rates higher than that you charge
to other agencies or individuals? NO
If yes, provide a thorough explanation.
.
3. Complete the Unit Cost Informatlsn Sheet attached to
the Request for Proposal.
C. Service Delivery
1.
List the days and hours of service availability.
A maximum of 20 hrs per week per each Senior Companion. Monday
through Friday. Weekend availability dependent upon Senior
Companion availability.
List any other services you can offer to SHAHC clients
without charge to the SHAHC program. Indicate the source
of funding or support for the service, e.g. Medi-Cal,
volunteers, donations, etc., and the approximate unit
cost or value of the service.
2.
service Offered
Source of Support
Cost or Value..-
Full range of social and recreation services dt thp ~pninr riti7pn
Center, 600 W. 5th Street, San Bernardino. Californid
3. Are there any restrictions or limitations on the availa-
bility of your services to SHAHC clients such as eligibil-
ity criteria, service area, minimum or maximum number
of units? YES
If yes, please describe.
Clients must be 60 yrS. of age.or oldpr, drprl limiten to
metropolitan San Bernardino.
D. Provider Organization
1. Attach organizational chart.
2. What type of business or professional licenses are held
by your organization?
Type
N/A
License Number
3. List the number and position titles of ~ll staff, paid
and volunteer, to be involved in providing services to
SHADC clients. List relevant professional certificates,
Page 2 of 5
-- -- --
licenses, degree etc., (i.e. rse PractitionPJ-, JLD.,
~ISW, etc.). Atdi'ch copies of ah}' certificates required
for provision of services.
Anne Rhodes, MSW, Superintendent of Community Services
Alfreda DeJan, Director, Senior Companion Program
5 Senior Companions
4. List the number and position titles of all staff, paid
and volunteer, to be involved in the administrative and
fiscal tasks related to the provision of services to
SHAHC clients. List relevant professional degrees and
certificates, e.g. HBA, CPA, MPH.
Anne Rhodes, MSW, Superintendent of Community Services
Alfreda DeJan, Director, Senior Companion Program
t1artin Romeo, Senior Accountant
5. Describe the organization's general fiscal methods and
procedures (e.g. "double entry bookkeeping by CPA two
hours per day 'or' computerized accounting system with
four full-time fiscal staff.")
City of San Bernardino's Finance Department has full-time
fiscal staff.
6. For each type of insurance your organization maintains,
list the carrier name, carrier number, policy number,
and coverage limits.
Type
Carrier Name
Carrier #
Policy #
Coverage
The City of San Bernardino is self-insured. The Senior Companions
are covered under the Program's CIMA policy for personal liability,
accidents, actual and excess auto liability.
7. Levels of service to SHAHC clients may vary unpredictably.
Services will be ordered and reimbursed on a unit cost
Page 3 of 5
..._-_._~--
- -
-
..
basis, wi th paym.....t rcceived by, ",,1C contractor in
middle of the month following service provision.
on this arrangement:
the
Based
a. How will you insure that you will be able to provide
services on this fluctuating basis? Describe for
each service offered. Include any current procedure
used to respond the fluctuating requests for service.
The provision of services will be decided by the sitp which
wi 11 be SHAHC.
b. Describe any fiscal or cash flow of problems you
anticipate as a result of this reimbursement procedure.
NONE
E. Experience
1. Summarize your organization's experience in the provision
of this service to the frail elderly.
The City of San Bernardino has operated n Spninr rnmr.nion Program
since 1976 providing services to the frail elderly.
2. Please list:
Previous or Prcsent
Service Funding and
Sourccs
Amount of
Funding
Type and jI of
Services Offered
NjA
Page 4 of 5
"
3.
Li!>t two or mar'> Jrganiza tions~~ldi v idua ls wi,ich have
used your sr,rvicr and can comment on your organization's
experience and quality of service provision.
San Bernardino County Department of Public Social Services
San Bernardino County Department of Public Health
Visiting Nurses Association of the Inland Empire
National In-Home Health
F. Other (Optional)
1. Briefly describe any other factors, unique to your pro-
gram, that demonstrate that your service is particularly
appropriate for SHAHC clients.
Page 5 of 5
_ '-35/5'"
"'-
,;l'.IVED SERVI(
Case Hanagernent
In-Home Supportive Services (IHSS) Supplementation
HISS/Chore
IHSS/Personal Care
IHSS/Protective Supervision
IHSS/Health Care
Respite Care
Housing Assistance
Adult Social Day Care
Transportation
Transportation/Regular
Transportation/Medical
Transportation/Escort
Meal Services
Home Delivered Meals/Congregate Meals
Food
Special Communications
Communication/Devices
Communication/Translation
Protective Services
Therapeutic Counseling
Friendly visitor
SPECIAL SERVICES
Money Hanagement/Conservatorships
Honey Hanagement
Conservatorships
Personal Care Items
Emergency tlove
Emergency Shelter
Beauty Parlor/Barber Shop
Legal Services
Legal Representation
Legal/Assistance
Laundry Service
Auto Repairs
Veterinarian Services
Nonmedical Home Equipment
Clothing
Employment/Recreational/Educational
Ombudsman Services
Emergency Medical Response
.'23--85/5'"