HomeMy WebLinkAboutReso - CC - 011-1985RESOLUTION NO. 11-85
RESOLUTIONN AUTHORIZING EXECUTIO14 OF AGREEMENT
WITH SAN MATEO COUNTY FOR SENIOR NUTRITION
PROGRAM
RESOLVED, by the CITY COU14CIL of the City of
Burlingame, California and this Council does hereby FIND, ORDER
and DETERMINE as follows:
1. The public interest and convenience require
execution of the agreement cited in the title above.
2. The City Manager be, and he is hereby, authorized
to sign said agreement for and on behalf of the City of Burlingame.
3. The City Clerk is hereby ordered.and.. nstructed to
attest such signature.
M yor
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing Resolution was
introduced at a regular meeting of the City Council held on the
21st day of January 198 5 , and was adopted
thereafter by the following vote:
AYES: COUNCILMEN: AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
?34
SAN MATEO COUNTY
AREA AGENCY ON AGING
CHECK LIST OF DOCUMENTS REQUIRED FOR CONTRACTING
When your signed contract is returned to the AAA office no later than June 25,
1984, the following must be submitted. These documents will not be part of the
legal contract, but are required by federal and state regulations and will be
maintained in your contract file in the AAA office. Your contract will not be
processed until these documents are received.
1. Compliance with Title VI of Civil Rights Act of 1964. (U'aL
away �zd.(OfY )
(u.c2 c�il�cll.pr-1
2. Compliance with Section 504 of the Rehabilitation Act of 1973, as amend
�d.
*3. Proof of bonding of all employees who handle funds, as required in the
contract.
*4. Proof of insurance coverage as required in contract.
5. Job descriptions that have been changed or new ones that have been
added since previous contract.
6. Personnel policies and procedures that have been changed or developed
since previous contract.
7. Proof of non-profit incorporation and IRS tax-free status if not pre-
viously on file.
*8 List of Board members and their ethnicity for non-profit agencies
(reauired by CDA to define minority agencies who are contractors).
V/ 9. For agencies with 15 or more employees, an affirmative action plan.
*10. Resolution or minutes of Board meeting authorizing participation in
this contract and stating who is the authorized signature for contract
business.
* Required each year. Other items may be carried from one contract period
to the next.
5/84
RESOLUTION NO. 465 -Li
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
BETWEEN AREA AGENCY ON AGING OF SAN MATEO COUNTY
AND CITY OF BURLINGAME
RESOLVED, by the Board of Supervisors of the County of, San Mateo,
State of California, that
WHEREAS, this Board has designated itself as the Area Agency on Aging
of San Mateo County to carry out a program pursuant to the Older Americans Act
of 1965,
and
WHEREAS, it is
necessary and desirable that
the Area Agency on Aging
r
contract
to provide the
following:
Contractor
Dates Amount
Title of Funding
City of
Burlingame
2/5/85- $2,040
Title IIIC of the
6/30/85
Older Americans Act
WHEREAS, this Board has been presented with a form of agreement to
accomplish the foregoing, and has examined and approved same as to both form
and content and desires to enter into same:
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Chairman,
San Mateo County Board of Supervisors be, and he is hereby, authorized and
directed to execute said agreement for and on behalf of the County of San Mateo,
and the clerk of said Board shall attest his signature thereto.
Regularly passed and adopLocl ttii_a Y2110 d.jy of
985
AYES and in favor of said rusolutiu::
Supervisors: K. ,iAi'.111I;1,1;i!? SI __ILII
r 1t,n:1 r1_ WARIJ
ANNA
TOII NOLAN
IMAJ AM J. C: I I UPIACHER
NOES and against said resolutiot,:
Supervisors: NONE- — - -- -- -- --
Absent Supervisors: NONE'
__
Chair, Iso, t (I ul GuPci visors
Count,, of S` Lll Mat,:()
;tato of c'.ilifu niri
c'l01 of Sail 13oar,3 of t apol vi:.ui
(S!:AIJ
AREA AGENCY ON AGIIIG AGR:11ENTT
�1IIS AGREI:IENT, made and entered into this 2a=4 day of��2�y
19 by and between the Area Agency on Aging of the. County of San Mateo
(hereinafter, "AREA AGENCY") and city -of Burlingame (hereinaft
"CONTRACTOR").
W I T N E S S E T H
WHEREAS, the Board of Supervisors of the County of San Mateo, Calif-
ornia, has designated itself the AREA AGENCY and has undertaken the administra-
tion of a program to foster the development of comprehensive and coordinated
service systems to serve older persons pursuant to the Older Americans Act
of 1964, as amended, Pub. L. 89-73; 42 U.S.C. Section 3001 et sem., and all
amendments, rules and regulations pertaining thereto (hereinafter, collectively
referred to as the "Act");
WHEREAS, it is necessary and desirable that AREA AGENCY contract pur-
suant to said Act for the purpose of procuring the project know as
Nutrition (hereinafter, the "Project"y—;
NOW, THEREFORE, IT IS AGREED BE WEED1 AREA AGENCY and CONTRACTOR as
follows:
Section 1. Services: The parties conversant to and shall perform this
Project in accordance with the "Description of Services" set forth in
Exhibit A, which is attached hereto and by this reference incorporated herein
as if fully set forth. Contractor agrees that the units of service pro,-ided
for in Exhibit A is subject to modification only upon written authorization
of "the Director of ARTA AGENCY.
Section 2. Effective Period and Right of Termination: This AGRE :STT
is effective for the perio from _1C)Rt through .T»�+o- 19R5•
Upon thirty (30) days' written notice to Yie other party, either party may
terminate this AMMEW. Upon giving or receiving such notice, CONTMCIIOR
shall immediately remit to AREA AGENCY all unexpended funds previously re-
ceived hereunder, less fords committed but not yet expended for completion
of this contract.
Section 3. Termination Upon Failure of Contractor to Perform: Should
either party fail to perform any covenant contained herein, the other party
may immediately terminate this AGEEMENT. Termination shall be effective
upon the mailing, return receipt requested, of notice thereof. Thereafter,
AREA AGENCY may complete the Project in any manner it deems proper. In the
event of such termination, the cost of completion of the Project shall be
deducted from any monies not yet paid CON�2ACI'OR, and CONTRACTOR shall im-
mediately remit to AREA AGENCY all unexpended funds previously received
hereunder.
Section 4. Compliance:
a. CONTRACTOR shall not comm ---nee work under this AGREEMEIT until a
signed statement of CONTRACIT)R'S assurance of compliance with subsections
d and e below, is on file with AREA AGENCY.
b. OONIRACIIOR warrants that upon execution of this AGRSEKE-W, it.
will be fully informed of the Act and all other relevant Federal, State and
local statutes, rules and regulations. AREA AGEPICY shall provide CONMCAOR
with all relevant regulations, directives, and am mt1mcnts affecting this
AGR:-:E,ENT.
c. CONIP.ACTOR shall comply with the provision of 'Title VII of the
Civil Rights Act of 1964 (42 U.S.C. Section 200, as ar,-;--nded by the Equal
Opportunity Act of 1972, Public Law No. 92-261) in that it will not .iiserimi-
nate against any individual with respect to his or her co*apensation, terns,
conditions, or privileges of employment; or discriminate in any way vinich
would deprive, or tend to deprive any individual of employment opportunities,
or otherwise adversely affect his or her status as an earployee, because of
such individual's age, race, color, religion, sex, or national origin.
d. CONTRACTOR shall comply with Department of Health and Human
Services regulation under Title VI of the Civil Rights Act of 1964 guaranteeing
that no person in the United States shall, on the ground of age, race, color,
religion or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under this project.
e. COITRACTOR shall comply with Department of Health and Human
Services regulations under Section 504 of the Rehabilitation Act of 1973, as
amended, which provides that..."No otherwise qualified handicapped individual
in the United States... shall, solely by reason of his handicap, be excluded
from the participation in, be denied the benefits. of, or be subjected to dis-
crimination under any program or activity receiving Federal financial
assistance".
f. Except as otherwise expressly provided for herein, CONTRACTOR
shall not use AGREEMENT funds to pay the salary or expenses of any individual
who is engaged in activities designed to influence legislation or appropriati
pending before Congress.
Section 5. Availability of Funds; Ri hg t to and Method of Payments.
a. Payment for all services provided hereunder is contingent upon
the continued availability of funds as determined by the State of California
Department of Aging.in its state plan approved by the Federal Administration o
Aging. In the event that such funds are reduced or are not received for any
reason whatsoever, this AGREEMENT..shall be amended and modified or terminated
accordingly and thereafter this AGREEMENT shall continue in effect, if at all,
to the extent only that such funds are available.
b. In consideration of performance of this Project in a manner
considered satisfactory to AREA AGENCY, AREA AGENCY shall pay to CONTRACTOR
a total amount not to exceed $ _.Lotf C) _. CONTRACTOR understands that said
�tE p is ultimately derived from federal funds and covenants to spend
said money only in accordance with `the terms of the Act and
pursuant to CONTRACTOR'S approved budget, which is attached hereto as.
Exhibits B and by this reference incorporated herein as if fully set forth.
c. Payments to CONTRACTOR under this AGREEMENT shall be made month
based upon invoices submitted by CONTRACTOR, unless specified otherwise in
Exhibit B. Upon request by CONTRACTOR, AREA AGENCY will pay CONTRACTOR on an
advance basis for services hereunder pursuant to AREA AGENCY policies. In the
event that invoices submitted by CONTRACTOR are inconsistent with Exhibit B
or if other irregularities exist, AREA AGENCY may withhold all or part of the
funds under this AGREEMENT until all inconsistencies and irregularities are
resolved to AREA AGENCY'S satisfaction.
d. No alteration, variation or deviation from any budget item
described in Exhibit B shall be valid unless made in writing and approved by
the Director of AREA AGENCY.
e. Title to all property purchased by COITRACTOR with funds pro-
vided hereunder is in and shall remain with AREA AGENCY. Such property shall
be returned to AREA AGENCY upon termination of this AGREEMENT.
Section 6. Subcontractors and Consultant Agree:ents: All subcontract
and consultant agreements in connection with this AGREEMENT iwst have prior
approval of AREA AGENCY. Subcontractors and consultants approved by AREA
AGENCY shall be subject to the terms and conditions of this % RELMENT and
CONTRACTOR shall be liable for, and agrees to indecaiify and iiold harmless AREA
AGENCY from their acts and/or omissions.
-2-
Section 7. darting and Record Keepip&:
a. CONTRACTOR shall comply with all program and fiscal reporting
requirements set forth by AREA AGENCY, including, but not limited to, all such
requirements contained in the Contractor's Operations Manual, which is in-
corporated herein by this reference as if fully set forth. CDN17RACIDR shall
account for and maintain all funds received under this AGREQFINT in accordance
with requirements set forth by AREA AGENCY. Such requirements shall be pro-
vided to ODNTRACTOR in writing.
b. CONTRACTOR at all times shall maintain in an auditable form and
condition satisfactory to AREA AGENCY a complete set of records of its
activities and expenditures hereunder. OONTRAMR shall retain said records
for a minimum of three years from the date of termination of this AGREf2T-_NT.
In the event of audit exception, such records shall be retained longer than
three years, if necessary, until every exception is resolved to the satis-
faction of the auditor and AREA AGENCY.
Section 8. Right to Monitor and Audit:
a. Authorized Federal, State, County and AREA AC NCY representatives
shall have the right to evaluate COPTTRACIOR'S performance of this AGREEMENT
at any and all reasonable times deemed to be necessary or desirable by
AREA AGENCY. Said evaluations may include but are not limited to audits,
inspections of premises and interviews of project staff and participants.
b. All of CONTRACIOR'S records pertaining to this AGREEMM shall
be available for inspection and audit by AREA AGENCY, County, State and
Federal government agencies and their authorized representatives, during
normal business hours.
c. CONTRACTOR shall arrange for an independent audit in accordance
with requirements set forth by AREA AGENCY. Such requirements shall be pro-
vided to CONTRACTOR in writing.
Section 9. Responsibility for Audit Exceptions:
a. Definitions: For the purpose of this AGR.`'EP7ENT, "audit
exception" includes, but is not limited to, a determination by AREA A(, --"ICY,
or by County, State or Federal agencies that monies provided hereunder have
been improperly spent, used, allocated, recorded, ledgered, or accounted for,
or that OMTTRACIOR has otherwise not complied with terms of the Act or of
this AGREEMENT.
b. ODNTRACTOR shall fully reply to, comply with, and take requested
corrective action as to any audit exception determined pursuant to this
AMM,ENT. ODNTRACTOR understands that any failure by COTTRACIOR to fully
perfo-m. all terms and conditions herein, or to couply with applicable spend-
ing, budget, accounting, bookkeeping and record keeping requirements may
result in ARFA AG�2ICY liability for all affected finds. ODNTRACTOR, there-
fore, agrees to indemnify, save harmless and pay AREA AGENCY the full amount
of liability resulting from any such audit exception.
Section 10. Hold Harmless and Indemnification:
a. In contemplation of the provisions of Section 895.4, California
Govei-cumnt Code, each party hereto agrees to indemnify and hold the other
party harmless from all liability for damage to persons or property arising
out of or resulting from the acts or umi.ssions of the indennifying party.
-3-
Section 11. Fidellit� Bond: Prior to receiving any monies hereunder,
CONTRACTOR shall sQ mit a verij7ied statement to AREA AGENCY that all offi-
cials, employees and agents handling or having access to funds received or
disbursed by CONTRACTOR prusuant to this AGREE,ENT or who are authorized to
sign or countersign checks, are covered by either an individual or a blanket
fidelity bond in an amount of no less than 100 percent of the amount of
funds provided hereunder. AREA AGENCY shall be named payee on said bond.
If the bond is cancelled or reduced, CONTRACTOR shall notify AREA AGENCY
immediately and AREA AGENCY may withhold payment to CONTRACTOR until it is
assured that the proper coverage has been obtained.
Section 12. Independent Contractor: The parties, their agents and
anployees, shall be independent contractors in performance of this AGREE-
1,9ENT and not officers, employees or agents of each other.
Section 13. Licensing and Accreditation: Where necessary for its
operation, CONTRACTOR shall maintain the appropriate license or accredita-
tion throughout the life of this AGREEMENT.
Section 14. Assignability: Without the written consent of the other
party, this AGREEMENT is not assignable by other party either in whole or
in part. In the event of any subcontract hereunder, each party hereto
remains primarily liable for performance of this AGREE1=.
Section 15. Entire Contract: This AGRE17KFNT is the entire contract
between the parties, and no nodi-fication or aryendnent thereto shall be valid
unless made in writing and signed by the parties hereto. No oral under-
standing or agreement not set forth herein shall be binding on any of the
earties hereto,
Section 16. Limitation of Authority: Neither AREA AGENCY nor CON-
TRACTOR shall have authority to contract for or on behalf of, or to incur
obligations on behalf of the other.
Section 17. Time: Time is of the essence of this AGRM*M.
IN WITNESS W[EREOF, the parties hereto by their duly authorized
representatives, have caused this AGREE1•7ENT to be executed on the day and
year first above written.
CONTRACTOR:
By ----Da ci ht -,S- -� j f -
N:nne
Attest: C i ry /ti . ,V 11 ra E- P__
y title
--
.ing Clerk oSaid Board igi�at�
-4-
EXHIBIT A
Management of a congregate nutrition site will be provided as defined by
the California Department of Aging and Area Agency on Aging policy.
A two day week program ( Tues., Thurs.) will be operated beginning February 5,
1985. A minimum of 350 unduplicated seniors will be served for a total of
4,200 meals (meals are units of service). Nutrition Education will be pro-
vided by (hope Hospital for a minimum of 5 units. (1 unit is 1 presentation)
The Area Agency on Aging will pay for the cost of the meals, paper goods
necessary for meal service, meal delivery and nutrition education under a
separate contract. Small equipment necessary for meal service will be
purchased by the Area Agency on Aging (AAA) and will remain the property
of the AAA.
A suggested donation of $1.00 per meal shall be collected. All donations
(project income) collected will be submitted monthly to the AAA with the
fiscal report.
The congregate nutrition site shall be at the Burlingame Recreation Center.
In the future, if a senior center is built in Burlingame, the nutrition site
shall be moved to the senior center.
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;i,(ation is required on pages 2 and 3 only: _.
it6:F'bers for lines and Ror` numerals for columns. ^
1CA[ION _
l,fjD BUDGET.._
r.liiBER - _';. ITEM :` _`;• = _; 'JUSTIFICATION%COM PUTATION/EXPLANATION
;.�. "2 =
Site-hl7nager'- --
4 cTaYs=x'TS./day• 7c's $7.00/hr.
$1,610
rg: 4L-
-Yitcfien 'Aide —
F4,.i.nge --
-43-dAys=x's- 25 --tars: dy_x's $4:�hr:
5%— ------- ---
430 -
-
-
$22
Fringe
5X.: _'_. =: _
81
Ideal• Servers
�*�'�3:fix•.
in kind).
441 --
Travel
;it___&,aueL40-budesJ=
2 cabinets @ $250 approximate cost ea.
—
Storage Cabinets
500
Coffee
1 electric coffee mak r 1-1) 0— cuP )-
100
_
Builaing Ifental
Other
"Totals
42 d'
fdfi�Ic Su, Uuteilities
_ _ _ --
$2 049
.1 ,680
400
$3;268