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HomeMy WebLinkAboutContracts & Agreements_90-2001County of San Bernardino FAS STANDARD CONTRACT 0,4 UNENCUMBERED E M X X _ New Change Cancel Vendor Code SC Dept. DAAS A Purchase Order Number County Department Dept. County. Department of Aging & Adult Services Contractor's License No. County Department Contract Representative PH. Ext. Jacki Baxter 388-0259 Amount of Contract $5000 Fund SBG Dept. OOA Organization OGA APR. 200 Obi/Rev Source 2445 Activity GRC/PRO/JOB Number Commodity Code Estimated Payment Total by Fscal Year FY Amount I/D FY Amount I/D 01/02 $5000 I Project Name Supportive Services for Seniors _ THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the "County," and Name City of Redlands Police Department, Community Services Division Address P.O. Box 3005 Redlands, CA 92373 Phone (909) 789-7572 Federal ID No. or Social Security No. 95-6000766 Birth Date hereinafter called "Contractor" IT IS HEREBY AGREED AS FOLLOWS: This Contract is entered into on the first day of July, 2001 (the "Contract"), by and between the County acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services ("DAAS") and Contractor. WHEREAS, the Older Americans Act of 1965 (the "Older Americans Act") as amended, provides for assistance to state and local agencies to develop social supportive services to meet the needs of the elderly; and WHEREAS, the California Department of Aging ("CDA") has allocated funds to DAAS for the purpose of administering a certain portion of said funds pursuant to the Older Americans Act; and for the purpose of planning service programs and activities for the elderly; and WHEREAS, DAAS desires to use CDA monies to fund a program providing supportive services to the elderly, (the "Supportive Services Program"), and Contractor desires to operate and execute the Supportive Services Program to the elderly (the "participants"); and WHEREAS, County desires the Supportive Services Program be operated by Contractor and Contractor agrees to operate the Supportive Services Program according to the specific terms and conditions provided by the Contract. TABLE OF CONTENTS I. DEFINITIONS 3 IL CONTRACTOR SERVICE RESPONSIBILITIES 4 HI. CONTRACTOR GENERAL RESPONSIBILITIES 10 IV. COUNTY RESPONSIBILITIES 16. V. FISCAL PROVISIONS 16 VI. RIGHT TO MONITOR AND AUDIT 19 VII. CORRECTION OF PERFORMANCE DEFICIENCIES 22 VIII. TERM 23 IX. EARLY TERMINATION 23 X. GENERAL PROVISIONS 23 XL CONCLUSION 24 ATTACHMENT A - WORK PLAN EXHIBIT B ATTACHMENT C - CERTIFICATION REGARDING LOBBYING ATTACHMENT D - ASSURANCE OF COMPLIANCE • Interest; • Patent or copyright royalties; • Contributions or donations made by the elderly are considered program income. Q. "Reimbursable Item" also means "allowable cost" and "compensable item". R. "Senior Information and Assistance Services" refers to the Senior Information and Assistance Services program provided through DAAS. S. "State" refers to the State of California. T. "Title III" refers to Title III of the Older Americans Act U. "USG" refers to. the United States Code. V. "W & I" refers to the Welfare and Institutions Code. II. CONTRACTOR SERVICE RESPONSIBILITIES A. Contractor shall provide all program services and perform all activities identified in Attachment A to this Contract. B. Contractor shall, in a satisfactory manner, as determined by DAAS, conduct, administer and provide the Supportive Services Program for the elderly as defined in the Work Plan (Attachment A), and Program Budget, (Exhibit B and B-1), Certification Regarding Lobbying (Attachment C), and Assurance. of Compliance with the San Bernardino County Welfare Department (Attachment D) which are attached hereto and incorporated herein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this Contract as those fully set forth herein. C. Contractor must be incorporated and is responsible for advising the County of any actual or impending change in its corporate status. D. Contractor is to promote coordination with other supportive services. Contractor agrees to cooperate with DAAS 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. If the Contractor is a non-profit, private corporation, the following requirements shall be met: 1. Training in program requirements, agreements with DAAS and non-profit board responsibilities shall be provided to all board members. The training shall include but not be limited to: a. Corporate officer's and board member's responsibilities as defined by state law and this Contract.: b. Contractor's responsibility for training and placement of assigned. Senior Employment Program participants. 2. The Board of Directors shall be representative of the client population and geographic regions served by the Contractor. established by computing the percentage of elderly minorities within the geographic area served by the Contractor. M. Records 1. The Contractor shall, at all times during the term of this Contract, maintain complete fiscal, program and management records (which shall include, but not be limited to, accounting records, grants, agreements, letters of agreement, insurance documentation in accordance with Section III, (E)(2), memoranda and/or letters of understanding and client records) of its activities and expenditures hereunder in a form satisfactory to the County and/or state and in accordance with generally accepted accounting principles. All records pertaining to the project shall be available for review and audit by the County, state or federal government or their duly authorized agents, at any time during nominalbusiness hours. All such records must be maintained and kept available by the Contractor, (a) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by DAAS, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Contract, or (c) for such longer period as DAAS deems necessary, which shall be a minimum of three (3) years after final payment under this Contract. 2. In the event this Contract is either completely or partially terminated, any and all records relating to any work performed under the Contract shall be preserved and made available for the same periods as specified in Article II, Section N Paragraph 1, above. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and kept available until every action has been cleared to the satisfaction of the County and/or state and the Contractor is advised in writing of the resolution. Adequate source documentation of each transaction shall be maintained relative to the allocability of expenditures reimbursed by the County under this Contract. If the allocability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to generally accepted accounting principles, the expenditures shall be questioned in the audit and may be disallowed by the County and/or state during the audit resolution process. a. Accounting Records (The Title III Program Manual, "CDA PM", Section G, Paragraph 93.7a) The Contractor shall provide adequate accounting systems and procedures to control and support all fiscal activities in accordance with policies issued by the Administration on Aging and the CDA. The Contractor shall provide for those designated in the chart of accounts as identified by the categories in the budget display. It is mandatory that the Contractor report fiscal operations to DAAS using the categories of transactions detailed in the chart of accounts. b. Internal Control (CDA PM, Section G, Paragraph 93.11 through 93.21) Effective control and accountability shall be maintained for all grant cash, real and personal property and other assets. Contractor shall adequately safeguard all assets and shall assure that they are used solely for authorized purposes. • Ill B Monthly Supportive Services Report 2) Quarterly • Program modification request in writing to DAAS. Contractor shall describe, in detail, necessary program change(s) and the reason(s) for the requested modification. 3. DAAS may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met' 4. Contractor is required to work in conjunction with DAAS in developing andmaintaining a client database. Property Management 1. All equipment purchases of $500.00 require the written approval of the Director of DAAS or his/her designee prior to purchase. 2. All equipment, materials, supplies or personal property of any kind purchased with Contract funds provided herein shall be in accordance with CDA PM, Section G, Paragraph 93.19, and if not fully expended or consumed prior to the termination of this Contract shall be the property of the CDA, unless otherwise directed by the CDA. All equipment must be used to conduct business under this Contract. 3. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. 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. 4. The Contractor shall record the following information when property is acquired: a. Date acquired; b. Property description (including model number); c. Property identification number (serial number); d. Cost or other basis of valuation; and e. Fund source. 5. The Contractor shall keep track of property purchased with funds under this Contract. The Contractor shall submit to DAAS, annually with the close-out, a current inventory of property furnished or purchased with funds awarded under the terms of this Contract or any predecessor agreement for the same purpose. 6. Loss of Property a. The disposal, loss and/or destruction of property or equipment shall be fully documented by the Contractor with copies provided to DAAS along with the monthly expense report for the month in which the loss occurred. b. The Contractor shall immediately investigate, and within five (5) days fully document the loss, destruction, or theft of such property. c. Loss by fire, vandalism, or theft must be immediately reported to the fire department or law enforcement agency, as applicable. A copy of the fire department or law enforcement agency report of the incident shall also be forwarded to DAAS. CONTRACTOR GENERAL RESPONSIBILITIES A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, of agents DAAS or of the County of San Bernardino. B. Without the prior written consent of County, this Contract is not assignable by Contractor either in whole or in part. C. Contractor agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former county administrative officials who terminated County employment within the last five (5) years and who are now officers, principals, partners, associates or members of the business. The information also includes theemployment with or representation of Contractor. For purposes of this provision,* "County Administrative Official" is defined as a member of the County of San Bernardino, Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. D. If during the term of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated by the County. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. Subcontracting The Director of DAAS is designated the authority to approve one or more subcontracts provided each subcontract meets the following terms and conditions: 1. The policies and procedures used in processing and awarding the subcontracts were (a) organized and structured; (b) reasonable and equitable; (c) documented and approved by appropriate authorities; (d) consistent with applicable federal, state, and local procurement requirements; (e) uniformly applied; and (f) open for public review and scrutiny. 2. All subcontracts require the advance written approval of the Director of DAAS or his/her designee. 3. The Contractor shall be responsible for the performance of any subcontractors and shall retain the prime responsibility for all terms and conditions set forth in this Contract, including but not limited to, the responsibility for handling property in accordance with Article II, Section 0, and ensuring the accessibility, availability and retention of records of subcontractors in accordance with Article II, Section N. 4 Funds for this Contract shall not be obligated in subcontracts for services beyond the termination date of this Contract. 5. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of the County. form of public social services provided under this Contract shall be confidential and shall not be open to examination for any purpose not directly connected with the administration, performance, compliance, monitoring or auditing of such services. 2. No person shall publish, disclose, use, permit or cause to be published, disclosed, or used, any confidential information pertaining to any applicant or recipient of services under this Contract. Contractor agrees to inform all persons directly or indirectly involved in administration of services provided under this Contract of the above provisions and that any person deliberately violating these provisions is guilty of a misdemeanor. K. Contractor shall not employ in any capacity, paid or volunteer, any person who has been convicted of any crime of violence or of any sexual crime and shall, upon discovery of such, terminate the employment of said person. Contractor shall investigate,. all incidents where an applicant, employee, intern or volunteer has been arrested for any crime listed in Penal. Code Section 11105.3 and shall take action to either deny employment or terminate employment where the investigation shows that the underlying conduct associated with the arrest renders the person unsuitable for employment, internship, or volunteer services. Contractor shall immediately notify the County concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent consultant, intern or volunteer staff, when such information becomes known to Contractor. L. Contractor shall make every reasonable effort to prevent employees, consultants or members of its Board of Directors from using their positions for purposes that are, or give the appearance of, being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers,agents, or employees have family, business or. other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis. M. Contractor shall maintain in accordance with County Risk Manager requirements such insurance as will fully protect Contractor and County from any and all claims under any worker's compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, or violation of civil rights claim made by anyone whomsoever which may arise from any negligent act carried on under this Contract, either by Contractor, any subcontractor or by anyone directly or indirectly engaged or employed by either of them. Contractor agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification - The Contractor agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from Contractor's acts, errors or omissions and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law... 2. Insurance - Without in any way affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the term of the Contract the following types of insurance with minimum limits as shown: 8. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. N. Contractor agrees to and shall comply with the County's Child Support Compliance Program requirements: 1. Contractor's Warranty of Adherence to County's Child Support Compliance Program. Contractor acknowledges that County has established a goal of ensuring that all individuals who benefit financially pursuant to the Contract are in compliance with their court -ordered child, family and spousal support obligations . in . order to mitigate the economic burden otherwise imposed upon County and its taxpayers. As required by County's Child Support Compliance Program (County Code Section 110.0101 et seq.) and without limiting Contractor's duty under this Contract to comply with all applicable provisions of law, Contractor warrants that it is now in compliance and shall during the term of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). Contractor hereby acknowledges the County may require the Contractor to submit a completed Principal Owner Information (POI) Form 'upon the request of the District Attorney. 2. Termination for Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program. Failure of Contractor to maintain compliance with the requirements set forth in the preceding paragraph shall constitute a default by Contractor under this Contract. Without limiting the rights and remedies available to County under law or under any other provision of this Contract, failure to cure such default within ninety (90) days of notice by the County of San Bernardino, Department of Child Support shall be grounds upon which the County may terminate this Contract. O. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. P. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance. requirements: 1. Equal Employment Opportunity Program: The contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the California Department of Social Services Manual of Polices publish or otherwise use, and to authorize others to use, all copyrighted material which can be copyrighted resulting from the Contract. Y. All activities not expressly authorized by this Contract shall be prohibited without the express written permission of the Director of DAAS or his/her designee. Z. Contractor agrees it shall not perform or permit any religious proselytizing activities in connection with the performance of this Contract. AA. Persons selected for project staff positions, after the effective date of this Contract, may not be within the immediate family or other contractor staff in positions of authority, members of the Contractor's Board of Directors, or DAAS staff. Individuals within the immediate family of project staff may notserve on the Contractor's Board of .Directors.. Any individual who may have been selected or elected to the Board of Directors before the effective date of this Contract, who has immediate family employed by the Supportive Services Program, then either the board member or the employed member(s) of the board member's immediate family must resign from their position(s) within thirty (30). days of the effective date of this Contract. Immediate family refers to spouse, child, grandchild, mother, father, grandparents, brother, sister, mother-in-law, father-in-law, daughter-in-law, son-in-law, aunt, uncle, niece, nephew, and members of the same household. IV. COUNTY RESPONSIBILITIES A. The County agrees to monitor. and evaluate the performance of the Contractor in meeting the terms of the Contract and thequality and effectiveness of services provided based on the criteria as determined by the County. B. The County is to provide consultation and technical assistance in monitoring the terms of this Contract. C. The County shall approve an audit firm, selected by the Contractor, to conduct a fiscal and program audit as specified in Article VI. b The County agrees to compensate Contractor for approved expenses in accordance with Article V of this Contract. V. FISCAL PROVISIONS A. The maximum amount funds available under this Contract shall not exceed $5,000 and shall be subject to availability of funds from CDA. B.. Upon written demonstration of need by Contractor and at the option of County, 10% of the Title. III funds may beadvanced to Contractor by County upon approval of the Director of DAAS.. Any such advance shall cause the amounts payable to Contractor in subsequent months to be reduced to the amount determined by dividing the balance left by the number of months remaining in the Contract term. No advance will increase the amount shown in Paragraph A of this Article. of the deferred income must be reported in the Expenditure Report/Request for Reimbursement expense reports as spent, by September 30 of the following fiscal year. 2. When the amount of the deferred income is determined through the audit, Contractor shall revise the deferred income figure, previously reported, by adjusting the following month's expense report claim for reimbursement and shall submit a new budget reflecting the revisions. 3. Deferred income will be used for general program expenditures, to increase the number of elderly served by the Supportive Services Program, and to provide supportive services directly related to the program. Deferred income will be used within the program in which it was earned. Matching Contributions The Contractor shall provide in -kind matching contributions of a minimum of $556, which is the Title Ill portion of the Contract multiplied by 11.11%. Allowable match shall be in compliance with the following requirements: 1. Matching in -kind contributions must be for allowable costs as determined by CDA PM. Allowable costs include but are not limited to rent, utilities, supplies, personnel (volunteer). 2. To qualify as a matching in -kind contribution, indirect or Contractor allocated overhead expenses must be supported by a documented cost allocation plan. 3. Matching in -kind contributions in excess of the minimum required in one service component may be used to match another service component within the Older Americans Act: As an example, match exceeding the minimum requirement in a transportation program may be used to offset an under match in in -home supportive services. 4. Contractor shall provide a Budget In -Kind narrative statement to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of in - kind to be used as match for the period of the Contract. The identified in -kind match shall be reported monthly on the monthly expense reports. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. b. All other in -kind contributions shall be valued at current market value. P. Budget and Budget Revisions 1. The Contractor shall be reimbursed for expenses only as itemized in the budget approved by DAAS., which is attached, and hereby incorporated by, reference.. 2. The budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Contractor's budget shall include, at a minimum, the following items when reimbursable under this Contract: a. Direct and overhead costs; E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representative in the performance of their duties. All inspections and evaluations shall be performed in such a manner as shall not unduly delay the work of the Contractor. F. Contractors who expend more than $300,000 of aggregate federal awards shall arrange for an audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98- 502 and a copy submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 If Contractor is a public or private entity: 1:... . Non-profit institution expending more than $300,000 a year in aggregate federal awards shall have an audit made in accordance with the provisions of Office Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and other non- profit institutions. 2. Non-profit institutions that expend less than $300,000 a year in aggregate federal awards are exempt from federal audit requirements for that year. However, an on -site monitoring visit shall be performed to ensure that federal awards are used for authorized purposed under OMB Circular A-110 or OMB Circular A-128. 3. Any non-profit institution that obtains audit reports but is not required to, shall not be reimbursed for audit report expenses. Required audits must beperformed in accordancewith generally accepted auditing standards ("GAAS") and the Statements of Auditing Standards ("SASS") issued and interpreted by the American Institute of Certified Public Accountants ("AICPA") and the Government Auditing Standards ("Yellow Book") issued by the U.S. General Accounting Office. Further, the audit must include a review of compliance to determine whether statistical data is recorded accurately and reported properly, to determine whether the Supportive Services Program is being administered by the Contractor in compliance with the Contract auditing listing of client case files, and to determine that the Supportive Services Program revenue and expenditures are properly segregated from other programs being administered by the Contractor. To ensure that OMB Circular A 133 requirements are met, the audit report shall consist of the following parts: A report on the financial statements, a schedule of federal awards, which must report in - kind match, along with the auditor's opinion on the financial statements; 2. A report on the entity -wide internal control systems based on the auditor's understanding of the internal control structure and the assessment of control risk (mad.eas part of a financial statement audit); a report on internal controls (accounting and administrative) designed to provide reasonable assurance of compliance with laws and regulations applicable to federal assistance or federal awards, including tests of transactions (including program income and expenditures); 3. A report on compliance with laws and regulations that may be material to financial statements; an opinion on compliance with laws and regulations applicable to each major 1. T. The Contractor agrees to be subject to the examination and audit of the County for a period of three (3) years after final payment under this Contract. VII. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES A. Correction of Performance Deficiencies 1. If, for any reason, the Contractor's service, including service to targeted populations, falls five percent (5%) under or increases to twenty-five percent (25%) over the contracted level during any calendar quarter, the Contractor shall submit to DAAS, within thirty (30) calendar days, an analysis of the situation and if a problem exists, state the actions being taken to correct the problem. If the problem persists and at the sole discretion of DAAS, DAAS and the Contractor may jointly prepare a written corrective plan with the time lines for completion. If the Contractor fails to carry out the corrective action and doesnot meet a one hundred percent (100%) Contract level within the required time frame, sanctions shall be invoked. If, after all appropriate actions have been taken, the service level still falls to five percent (5%) under or increases to twenty-five percent (25%) over the contracted level, DAAS may, in its sole discretion, adjust the contracted level of service and the budget, thereby the funding, as appropriate. 2. The Contractor agrees that any remedy provided in this Contract is in addition to and not in derogation of any other legal or equitable remedy available to the County and/or DAAS as a result of breach of this Contract by the Contractor, whether such breach occurs before or after the termination of the Contract. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall, be a material breach of this Contract. In the event of a non -cured breach, County may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:: a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Article VII, Section A, Paragraph 4,b.; and/or e. Terminate this Contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. B. Appeal Procedures 1. If Contractor disagrees with any decision or action taken by the County or DAAS related to this Contract, Contractor may choose to file a formal grievance by following the procedures below: B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the party hereto. C. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. D. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under the Contract shall affect any other or future exercise of that right.. or. any exercise of any other right. A party shall not. be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce thatright. • E. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the authorized representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. F. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected. This Contract shall be governed by and construed in all aspects in accordance with the laws of the Older Americans Act as amended and with state and federal laws. The parties agree to the exclusive jurisdiction of the federal and state courts located in the County of San Bernardino, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts. H. In the event of conflict between the provisions set forth in the Contract Terms and Conditions and any Project Proposal or Work Plan, Proposal, or Area Plan, the provisions listed in the Contract Terms and Conditions shall prevail. XL CONCLUSION A. This Contract, consisting of 25 pages and Attachment A, Exhibit B, Attachment C and Attachment D, is the full and complete document describing services to be rendered by Contractor to County including all covenants, conditions and benefits. B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this Contract. Dated: COUNTY OF SAN BE ARDINO City of Redlands Police Department Community Services Division (Print or type name of corporation, company, contractor, etc.) ►► ' , ,�1 1 , �� By i'' L��� Lin`. a Hauga , nteri Director Department Aging a Adult Services 2 -7 (Authorized signature - sign in blue ink) Pat Gilbreath Name Mayor of the City of Rec.-Ham-lc (Print or type name of person signing contract) Attest: (Print or Type) )Zorrie P er, City Clerk Dated: June 19. Address P.O. Box 3005 Redlands. CA 92373 Exhibit A-1 WORK PLAN FY 2001 - 2002 This work plan contains the measurable objectives mandated by DAAS of the service provider. The work plan specifies and establishes time frames either on an annual basis or, where required by state regulations, on a quarterly basis. The work plan constitutes the primary document for ongoing monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure the provider's efforts toward providing quality Transportation services. Scope of Work A. ` Geographic Area/Clientele and Eligibility Criteria I. The geographic area served by this provider covers the City of Redlands. 2. The clientele served by this agreement consists of seniors 60 and over. B. Program Description 1. Purpose: Transportation services assist people who cannot transport themselves to remain independent and active in community activities. 2. Definition: Provide a means of transportation for a person who requires help in going from one location to another, using a vehicle. Does not include any other activity. C. Intended Outcomes 1. Provide 720 one-way trips annually to seniors who are not eligible for these services from any other resource and who cannot afford to pay for these services. 2. Staff and/or volunteers providing services must be trained and qualified in the safe provision of Transportation services. Transportation services must be provided to at least 32 unduplicated seniors of which 3 are to be minority low-income seniors. II. Service Delivery Activities A. Staffing Sufficient personnel shall be available to carry out the needs of the program.. This includes a Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and agreement. B. Volunteer Staff B. Donations and Confidentiality 1. Encourage seniors to donate by letting them know verbally that donations are accepted and are important to maintaining the service(s) provided. Post signs where appropriate stating that donations are accepted. The provider shall not in any way employ tactics which could be viewed as coercion, embarrassing, and/or obligatory to the service being provided. All contributions shall be used to increase the amount of service being provided in the program(s) funded by DAAS. Coordination Activities 1 Provider shall, : participate within appropriate coordination , bodies established by state law and/or county ordinance. 2. Provider shall include the following statement on all advertising, posters and brochures, etc.: "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging." 3. Provider shall coordinate service with other county departments and local agencies by providing time within the facility during participant meetings, staffmeetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for elderly clients. All coordination activities must be documented and kept on file for review by DAAS. 4. Provider shall coordinate service with other county departments and local agencies by providing time for presentations or special activities that promote a Community Based System of Care for the elderly participants attending their sites. All such activities must be documented and kept on file for review by DAAS. D. Reporting Requirements 1. Report all known or suspected cases of elderly or dependent adult abuse to DAAS Adult Protective Services or law enforcement immediately or as soon as possible by telephone, and send a written report within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel , punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. 2. Report service and client data by the 5th working day of the month on CDA 186 forms which will be verified by DAAS during the annual program audit. Additionally, establish audit files which include but are not limited to a copy of the 186 report. ATTACHMENT C San Bernardino County Department of Aging and Adult Services CDA 217 (6/96) CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member. of Congress, an officer or employee of Congress, or an employee of a Member of Congress in . connection with the awarding. of any federal contract, the breaking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CITY OF REDLANDS CALIFORNIA CONTRACTOR STATE AUTHORIZED SIGNATURE. ATTES LOR` I POYL,) CITY CLERK MAYOR TITLE JUNE 19, 2001 DATE ASSURANCE OF COMPLIANCE WITH THE SAN BERNARDINO COUNTY WELFARE DEPARTMENT NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS CITY OF REDLANDS, CALIFORNIA NAME OF VENDOR/RECIPIENT HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973,. as amended; the AgeDiscrimination Act of 1975, as amended; the Food Stamp Act of.1977, as amended, and in particular Section 272.6; title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-11139.5, as amended; California Government Code Section 12940 (c), (h), (i), and (j); California Government code, Section 4450; Title 22, California Code of Regulations 98000-98413, and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts 80, 94, and 91, 7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited. BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance. THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance. June 19, 2001 Date Attest 40. or e oy'j ity Clerk P. O_ BOX 311IIC Address of Vendor/Recipient. Redlands, CA 92373 Director's Signature Pat Gilbreath, Mayor (6/1/99) County of San Bernardino Department of Aging and Adult Services Exhibit B Original [X BUDGET DISPLAY Revised [ Date: July 1.2001 Contract Agency Name: City of Redlands Budget for Fiscal Year 2001-2002_ Contract P. O. No.: 0 di 4.1 U O 0 Budget Information Project MATCH Title III Funds Income Cash In -Kind Total 0 0 0 VD v'i tn. 0 O kn Eos 0 643 0 O O O V1EA Performance Information Seniors Minorities Units To Be To Be Of Served Served Service cn O N cd p• M N M Contractor Information Program O O t d H MINUTES of a regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, at 3:00 P.M. on June 19. 2001. PRESENT Pat Gilbreath, Mayor Gary George, Mayor Pro Tem John L. Freedman, Councilmember Susan Peppier, Councilmember Karl N. "Kasey" Haws, Councilmember John Davidson, City Manager Daniel J. McHugh, City Attorney Lorrie Poyzer, City Clerk Beatrice Sanchez, Deputy City Clerk (evening session) Michael Reynolds, City Treasurer Jim Bueermann, Police Chief Mel Enslow, Fire Chief Bonnie Johnson, Finance Director Ronald C. Mutter, Public Works Director Gary G. Phelps, Municipal Utilities Director Jeffrey L. Shaw, Community Development Director ABSENT None The meeting was opened with an invocation by Mayor Pro Tem George followed by the pledge of allegiance. PRESENTATIONS CVP 365 Club - Mayor Gilbreath, Police Chief Bueermann, and Civilian Volunteer Patrol member Janice Hawkins presented "365 Club" membership certificates to its 26 members. Mayor Gilbreath thanked the community sponsors for their support of the Civilian Volunteer Patrol, LATE BREAKING ITEM Noting the need to take action was immediate, Councilmember Gilbreath moved to add the following item to the Consent Calendar which arose subsequent to the agenda being posted: "Acceptance of Department of Aging and Adult Services grant for senior transportation from San Bernardino County and approval of an additional appropriation to expend funds." Motion seconded by Councilmember George and carried unanimously. June 19, 2001 Page 1