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HomeMy WebLinkAbout83-88 RESOLUTION RESOLUTION NO. 83-88 S CAIN i' L.0 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE AREA AGENCY ON AGEING OF NORTHWEST ARKANSAS FOR A TAXICAB SUBSIDY PROGRAM FOR THE ELDERLY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with the Area Agency on Ageing of Northwest Arkansas for a taxicab subsidy program for the elderly. A copy of said contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1st day of November , 1988 . APPROVED By: May=" 949414"-frif--) ATTEST By: Clerk h • • ` � - ( 3 CONTRACT This contract is made this 1st day of December , 19 88 by and between the AREA AGENCY ON AGING OF NORTHWEST ARKANSAS, having its offices at 910-B Northvale Shopping Center, City of Harrison, Arkansas, hereinafter designated as the "AGENCY", and CITY OF FAYETTEVILLE a corporation organized and existing under the law of the State of Arkansas, with principal offices at 113 West Mountain , Fayetteville, Arkansas 72701 , hereinafter designated as the "CONTRACTOR". WITNESSETH: WHEREAS, the "AGENCY" has received a grant under Title III of the Older Americans Act for Aging Services from the State of Arkansas, Department of Human Services, Division of Aging and Adult Services, hereinafter designated as the "STATE AGENCY". AND WHEREAS, the "AGENCY" is responsible for administering and coordinating said aging services. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the "CONTRACTOR" and the "AGENCY" agree as follows: 1. The "CONTRACTOR" agrees to operate and manage an Aging Transportation Program Service in the City of Fayetteville, Arkansas. 2. The "CONTRACTOR" agrees to perform the services in accordance with Title III of the Older Americans Act, program regulations issued thereto and program plan as submitted (Attachment #1). 3. The "CONTRACTOR" agrees to ensure that all expenditures incurred by it will be in accordance with accepted cost policies and procedures established by the City of Fayetteville and the State of Arkansas and as outlined in the attached plan. 4. The "CONTRACTOR" agrees to provide training and manpower development as necessary to enable project personnel to operate the project in accordance with terms of this contract and plan. 5. The "CONTRACTOR" agrees to assist in all efforts undertaken by the "AGENCY", "STATE AGENCY" or the Administration on Aging to evaluate the effectiveness of the project. 6. The "CONTRACTOR" agrees to establish procedures to ensure that no personal information obtained from an individual in conjunction with the project shall be disclosed in any form in which it is identified with him/her without written consent of the individual concerned. EXHIBIT A ---- - --- --- • • 7. The "CONTRACTOR" agrees to keep such records and make such reports in such form, and containing such information as required by the "AGENCY" and present all such records or reports for review by the "AGENCY" upon request. 8. The "CONTRACTOR" agrees to maintain financial documents and files consistent with Federal Regulations Title 45 CFR, Part 74, Administration of Grants, from the Department of Health, Education and Welfare. 9. The "CONTRACTOR" is cognizant of and agrees to operate the project fully in conformance with all applicable state and local standards including permits, licenses, fire, health, safety, and sanitation standards, prescribed in law or regulations. 10. By the tenth (10th) day of each month, the "CONTRACTOR" shall submit to the office of the AREA AGENCY ON AGING OF NORTHWEST ARKANSAS, INC. a bill for authorized services rendered under this contract in the preceding month. The "CONTRACTOR" shall submit bills in a form prescribed by the "AGENCY". Payment shall be made by the "AGENCY" (Area Agency on Aging of Northwest Arkansas). 11. The "AGENCY" shall pay the provider at the rates set forth as stated in Paragraph 27 of this contract for each unit of direct service provided, under this contract, to individuals age sixty (60) years and older. 12. The "CONTRACTOR" agrees to submit Quarterly Program Performance Reports by the tenth (10th) of the month following the end of the previous calendar quarter. The "CONTRACTOR" further agrees to submit all reports required by the "AGENCY" or the "STATE AGENCY" by the dates so designated. Failure to comply with these requirements will be handled in accordance with Paragraph 14 of this contract. 4 13. The "CONTRACTOR" agrees to provide the "AGENCY" a certified copy of an audit performed by a Certified Public Accountant. 14. In the event the "CONTRACTOR" fails to submit all above mentioned completed reports to the "AGENCY" by the due date as specified in this contract, the "CONTRACTOR' S" total billing amount for the month in question shall be withheld until submitted. It is expressly agreed that if the "CONTRACTOR" fails to provide all such completed reports and records for two consecutive months, the "AGENCY" shall have the option of immediately starting procedures to terminate the contract. 15. The "CONTRACTOR" shall indemnify the "AGENCY" against any loss or damage (including attorneys fees and other costs of litigation) caused by the "CONTRACTOR' S" negligence or acts of omissions, either by the "CONTRACTOR" or its agents or employees. The "CONTRACTOR" shall defend any suit against the "AGENCY" alleging personal injury due to service rendered under this contract. If the "CONTRACTOR" refuses or neglects to defend any suit, the "AGENCY" may defend, adjust or settle any such claim and the cost of such defense, adjustment, settlement, including reasonable attorneys fees, shall be charged to the "CONTRACTOR". • • 16. The "CONTRACTOR" agrees to verify that comprehensive bodily injury and property damage liability insurance including bodily injury and property damage caused by automobile vehicles used in the project's operations is procured and maintained by the current provider of transportation services. Said insurance policies shall provide limits of $25,000 for injury or death of one person in any one accident; $50,000 for injury or death of two or more persons in any one accident; $15,000 for property damage in any one accident. 17. All records of the "CONTRACTOR" bearing upon Title III Transportation Program Service operations at any site shall be maintained at the project site or at the "CONTRACTOR' S" office and shall be made available to the "AGENCY" upon request. All records shall be kept on file for three (3) years after the end of the fiscal year to which they pertain. The "AGENCY' S" Program Administrator, or other representative, and the auditors of the "STATE AGENCY", the U.S. Department of Health, Education and Welfare, and the U.S. General Accounting Office, upon request, shall have access to all such records for audit or review at a reasonable time and place. Authorized representatives of the "AGENCY", the "STATE AGENCY" and the U.S. Department of Health, Education and Welfare shall have the right to conduct on-site administrative reviews of the program operations. 18. In the event federal funding for the project ceases, the "CONTRACTOR" shall relinquish all records pertaining to the project to the "STATE AGENCY" for safekeeping. 19. All of the services required will be performed by the "CONTRACTOR" or under the attached plan, and all personnel engaged in work shall be fully-qualified and shall be authorized under state and local law to perform such services. 20. If, through any cause, the "CONTRACTOR" shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the "CONTRACTOR" shall violate any of the covenants, contracts or stipulations of the contract, the "AGENCY" shall thereupon have the right to terminate this contract by giving written notice to the "CONTRACTOR" of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys and reports as prepared by the "CONTRACTOR" shall, at the option of the "AGENCY" become its property; and the "CONTRACTOR" shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 21. The "AGENCY" may terminate this contract any time with just cause, by giving written notice to the "CONTRACTOR" of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the "AGENCY", become its property. If the contract is terminated • • by the "AGENCY" as provided herein, the "CONTRACTOR" will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service "CONTRACTOR" covered by this contract, as well as the amounts which the "CONTRACTOR" had bindingly obligated itself for that are attributable to the contract and which were made in anticipation of its performance, less payment of compensation previously made. Provided, however, that if less than sixty percent (60%) of the services covered by this contract have been performed upon the effective date of such termination, the "CONTRACTOR" shall be reimbursed (in addition to the above payment) for the portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the "CONTRACTOR" during the period of the contract which are attributable to the uncompleted portion of the services covered by this contract. If this contract is terminated due to the fault of the "CONTRACTOR", Paragraph 20 hereof relative to termination shall apply. 22. The "CONTRACTOR" shall not assign any interest in this contract and shall not transfer any interest in the same whether by assignment or novation except as written in the attached plan without prior written consent of the "AGENCY" and the "STATE AGENCY" thereto. 23. Any reports, information, data, etc. , given to or prepared or assembled by the "CONTRACTOR" under this contract which the "AGENCY" requests to be kept confidential shall not be made available to any individual or organization by the "CONTRACTOR" without prior written approval of the "AGENCY" except to the extent required by law. 24. The "CONTRACTOR" covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The "CONTRACTOR" further covenants that in the performance of this contract, no person having such interest shall be employed. 25. The "CONTRACTOR" agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 880352) and the regulations issued pursuant thereto. 26. The "CONTRACTOR" agrees to match federal funds expended with a 15% non- federal match consisting of project income, in-kind services and cash. , III • 28. This contract shall be effective as of December 1 , 19 88 and shall be • in force during this period commencing on the effective date and ending December 31 , 19 88 , and during such additional period or periods as the "CONTRACTOR" and the "AGENCY" may agree upon. IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed by their duly authorized officers the day and year first above written. FOR THE AGENCY FOR THE CONTRACTOR L yiidy Exetiv Director The onora le Mar lyn Johnson Area Agency on Aging of Northwest Arkansas Mayor, City of Fayetteville, Arkansas WITNESS: �.�%4o Su n McWethy, Clerk C y of Fayetteville (Cont'd) Page 1 of 1 Paragraph No. 27 TRANSPORTATION SERVICE Under this contract, the provider agrees to provide a total of not less than 1,000 units of TRANSPORTATION as described below at a provisional gross rate of $ 2.35. The costs of each unit of service will be borne by various funding sources as follows: Federal 1. Title III-B 2,000.00 TOTAL FEDERAL 2,000.00 Non-Federal 1. Project Income 2. Provider Cash 3. In-Kind 353.00 TOTAL NON-FEDERAL 353.00 Project Income: Program Expansion Contributed Labor TOTAL FUNDING SOURCES 2,353.00 Under no circumstances shall the Title III Federal Share exceed $ 2,000.00 or 2.00 Federal Reimbursement Rate per unit. SERVICE DEFINITION Transportation services include activities which enable individuals to travel to and from community resources in order to receive services, reduce isolation or otherwise encourage independent living activities, including making special modes of transportation available when needed, and provision of personnel to accompany and assist persons who are unable to use conventional means of transportation to reach needed services. Appropriate Information and Referral and Outreach Service, as evidenced by the Program Performance Report, will be required. Unit of Service: Each one-way trip to or from community resources per client. Minimum Requirement for Record Keeping: 1. Documentation for units provided. 2. Number of different persons served. 3. Documentation of Information and Referral and Outreach Service provided. • AR::e AGENCY ON AGING OF NORTHWEST ARKANSAS STANDARD BUDGET FORM FOR CONTRACTORS • CONTRACTOR' S NAME- City of_Fayetteville Attachment__ __ BUDGET PERIOD January 1, 1988 through December 31, 1988_ Revision Date N/A TITLE III TITLE III-6 TITLE III-6 CIE ILTE TOTAL TRAI16FCRTATIQV S cIALIZATIOV ' DEz-IVf .fD 610 Personnel 620 Fri :e Benefits --. .630 Audit 632 Advertis : 300.00 636 B •:. •.ce Ac. sition — 6 38 Couinutications ___ -_ 639 Post.:e 645 Equipment Rental --- 648 Equipment Purchase - --� 650 Food Costs (//////ill////////////////11/////l —•___..___—._-- 655 Insurance & Bonding —._- 660 ht.intenance & Repair 661 Ccaputer 662 Janitorial Supplies 664 Office Supplies 666 Program Supplies 25 00 670 Metnbrshp/Meeting/Conf, 6 72 Printing & Reproduction 455.00 ----- 74 Contracted Services 682 Trng/Educ/Subscription — 684 Transportation 1,220.00 ----- —___ 86 Travel -- -- ----- 688 Utility Cost — - _--_-----__-_ 689 Other Cost Total Adjusted (Cash) Cost 2,000.00 -- In-Kird 7- 4 Supplies Ln-Kira 141.00:1_ _1__ 1_Personnel In-Kirxi 212.00 —_ — —_-- ----- -- - In-Kind -- — hI -- -- -- - _— - __Total In-Kind 353.00 r' _-- _ 4-Contributed Labor _ --- — ----------- Total Non-Allowable Cost - ---- -- -- --- i Total Pro.lect Cost 2,353.00 _--- RECAP OF PROGRAM SHARING Federal Share 2,000.00 USAA /lllll///llii/ ,/l/////////////1//////////////l/l — :;on-Federal Match: Project Income Cash In-Kind 353.00 Total Non-Federal Flitch 353.00 vroject Incoar: Program Expansion -0- Contributed Labor Total Title III Cash I 2,000.00 IOTAL PRO.iECT COST 2,353.00 ----- Number of Units Per Year 1,000 _ • Gross Unit Rate 2.35 — --_-- 4 — Less Non-Allowable _ Cash Unit Rate Federal Reimbursement Rate 2.00 --- — - Rey. 11 R,