HomeMy WebLinkAbout83-88 RESOLUTION RESOLUTION NO. 83-88 S CAIN
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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
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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".
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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
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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.
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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.
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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 _
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Gross Unit Rate 2.35
— --_-- 4 —
Less Non-Allowable _
Cash Unit Rate
Federal Reimbursement Rate 2.00 --- — -
Rey. 11 R,