HomeMy WebLinkAbout23-90 RESOLUTION1
RESOLUTION NO. 23-90
A RESOT.LTION AUTHOR'IZ=NG THE MAYOR AND CITY
CLERK TO EXECUTE A 1990 CONTRACT TO PROVIDE
FUNDING TO THE AREA AGENCY ON AGING FOR THE
ELDERLY TAXI PROGRAM.
BR IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CTTY OF
FA}ETTEV i I.LE , ARKANSAS:
Section 1. That the flavor and City Clerk are herebv
authorized and directed `.o execute a contract with the Area Agency
on Aging to provide funding for the Elderly Taxi Program with a
grant of $4.300.00 and a si.pplemental S5,000.00 from the Community
Development Block Grant. A copy of the contract authorized :or
execution :ierehv is attached hereto marked Exhicit "A" and made a
•cart hereof.
PASSED AND APPROVED this 20th day of February
ATTEST.
13y:
, 1990.
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CONTRACT
This contract is made this _1st day of January
19 90 by and between the AREA AGENCY ON AGING OF NORTHWEST
ARKANSAS (AAA), having its offices at 910 B Northvale
S hopping Center, City of Harrison, Arkansas, 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, AR 72701
designated as the "SUBCONTRACTOR".
W ITNESSETH:
, hereinafter
WHEREAS, the Area Agency on Aging of Northwest Arkansas
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 "TATE AGENCY".
AND WHEREAS, the Area Agency on Aging of Northwest Arkansas
is responsible for administering and coordinating said
aging services.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the "subcontractor" and the
Area Agency on Aging of Northwest Arkansas agree as follows:
PROGRAM ASSURANCES
The following assurances are applicable to funds administered
by the Arkansas Division of Aging and Adult Services (DAAS)
o r Area Agencies on Aging in accordance with an area plan
approved by DAAS. Applicants for a contract to provide aging
services must specify intent to comply with the following:
The subcontractor understands and agrees it is the
purpose of the program to Foster the development of a
comprehensive and coordinated service system for persons
aged 60 and over. The primary goals of the program are:
a. to secure and maintain maximum independence and
dignity in a home environment for older persons
capable of self-care with appropriate supportive
services, and;
P rincipal Officiy-d of Subcontracting Agency
6UGHT PRINT"
b. to remove individual and social barriers to economic
and personal independence for older persons, including
the provision of employment opportunities and
community volunteer activities where older persons
live.
2. The subcontractor further understands and agrees that
resources made available to the subcontractor by the AAA
are designed to:
a. Provide for the development and implementation of
services designed to meet the needs of the elderly on
a priority basis with special attention being given to
the needs of low-income and minority older persons;
b. Develop, implement, and maximize service coordination
w ith existing social service systems to ensure
e ffective, efficient, and responsive systems in
meeting the needs of the elderly;
c. Attract additional resources from local units of
government, public and private agencies, and the
community at large, to extend the program of services
available to elderly citizens of the area, and;
d. Make existing social services more accessible to the
e lderly through the supportive services implemented
u nder this agreement, with special attention given to
physically or mentally handicapped elderly and those
in greatest social and economic need. The older
Americans Act prohibits any type of means test and no
one can be denied services because of income. The
subcontractor also assures that low income and
minority elderly persons will be served at least in
proportion to their relative numbers in the area of
operation. Low income shall be determined by the
poverty thresholds as defined by the Office of
Management and Budget.
3 The subcontractor will specify how it intends to satisfy
the service needs of low-income minority individuals it
serves. The AAA will specify how this is to be done.
The subcontractor assures that it 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. The subcontractor further agrees that in the
performance of this agreement, no persons having such
interest shall be employed.
The subcontractor assures that in no case will any part
of the program under this agreement which may be operated
by specific groups such as churches, social
organizations, homes for the elderly, or senior housing
developments, restrict participation in the project to
its own membership or otherwise show discriminating
preferences for such membership.
6. The subcontractor will comply with Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and the regulations
issued pursuant thereto. Further, the subcontractor
assures that it has no commitments or obligations which
are inconsistent with compliance with these or other
daerrej 4W4//
Principal Official of Subcontracting Agency
ISM MI"
pertinent federal regulations or policies, and that any
o ther agency, organization or party that participates in
the implementation of services pursuant to this agreement
shall have no such commitments or obligations.
The subcontractor agrees to implement such procedures as
are necessary to meet the requirements on safeguarding
confidential information of client records.
The subcontractor agrees that it will comply with Section
504 of the Rehabilitation Act of 1973, as amended (29
U .S.C. 794), all requirements imposed by the applicable
H ealth and Human Service regulations (45 C.F.R. Part 74),
and all guidelines and interpretations issued pursuant
t hereto. The subcontractor assures that, when viewed in
its entirety, each program or activity is readily
accessible to and usable by handicapped persons.
9. the subcontractor assures that where state or local
public jurisdictions require licensure for the provisions
of services, the subcontractor shall be licensed, or
shall meet the requirements for licensure.
10. The subcontractor assures that staff, qualified by
education and/or experience, will be employed and
assigned to the implementation and performance of the
services outlined in this agreement. All applications
for employment will be maintained as a part of the
program files.
The subcontractor agrees that personnel hired for program
operations will participate in any appropriate training
provided by this AAA.
12. The subcontractor is cognizant of and agrees to operate
the program in full conformance with all applicable
federal, state and local standards, including fire,
health, safety and sanitation standards prescribed by law
o r regulations.
13. The subcontractor assures that it has the authority and
capacity to implement and perform, either directly or
through approved contractual arrangements, the program of
services agreed upon.
14. The subcontractor will provide all services in accordance
w ith all program regulations set forth by Title III of
the Older Americans Act of 1965, as amended, the Social
Services Block Grant, and other applicable program
guidelines. The subcontractor will also comply with
policies, procedures, and guidelines established by DHS,
DAAS, and/or the AAA.
15. The subcontractor assures that services will be delivered
so as to provide continuous and levelized services for
the full tern of the contract. Subcontractor will close
only with prior approval of AAA.
16. The subcontractor will provide for a continuing program
of public information, specifically designed to assure
that information about services and activities carried
out pursuant to the agreement, is effectively and
appropriately promulgated throughout the area of
operations. The subcontractor will make available at
reasonable times and places all: agreements; periodic
reports, and policies governing the administration of
Principal Officiof Subcontracting Agency
"LIGHT PRINT"
t his program, for review upon request by interested
persons and representatives of the news media. The
subcontractor assures that all public information
regarding services funded directly or through allocation
from the AAA will include a statement to this effect.
17. The subcontractor assures that a method of obtaining
/'� participant input into the program will be developed and
Y� implemented.
18. The subcontractor will cooperate and assist in efforts
undertaken by the AAA, the State Agency and/or the
Administration on Aging to evaluate the effectiveness,
f easibility, and cost of activities provided.
19. The subcontractor agrees to cooperate in comprehensive
planning, to provide additional needed services to
participants and elderly persons in the area. The
subcontractor will assist the AAA in identifying unmet
needs, and program planning through completion of needs
assessment surveys, by participating in planning
meetings, and through other methods as may be deemed
necessary.
20. The subcontractor agrees to utilize, when possible,
S tate, Federal, and local funding, to supplement and
e nhance the quality and quantity of services and achieve
the objectives of the Older Americans Act. It is further
agreed by the subcontractor when other funding is used,
to report it in accordance with the AAA financial
requirements.
The subcontractor assures that a written grievance
procedure that complies with federal and state
regulations will be developed for all programs and
conveyed to participants and employees. The
subcontractor also agrees to devise a mechanism to inform
individual participants and employees of their right to
present to the AAA or DAAS their grievances about the
service(s) or employment practices of the subcontractor.
22. The subcontractor assures that a disaster relief plan
w ill be prepared setting forth procedures necessary to
protect older persons involved immediately after the
occurrence of a disaster and assist in the delivery of
(, emergency services with particular attention to health,
(/ food, shelter, sleeping arrangements, and any other
assistance necessary to the older person's well-being.
Contingent on available funding, the AAA agrees to
reimburse the subcontractor for the emergency relief if
available from any other resource.
23. The subcontractor assures that each site will develop,
and post for all to view, an emergency evacuation plan
and periodically practice evacuation drills.
24. The subcontractor assures that it will, if possible, have
arrangements with local educational agencies,
institutions of higher education, and non-profit private
organizations to use the services provided older
K/ individuals under the community schools program of the
E lementary and Secondary Education Act of 1965.
25. The subcontractor agrees to insure that all expenditures
incurred by the program will be in accordance with an
approved budget, cost policies, and other financial
procedures established by the AAA in keeping with state
and federal guidelines.
Principal Official • Subcontracting Agency
Ism epn.
26. The subcontractor assures that it has implemented a
written affirmative action plan and that the affirmative
action policies have been communicated to all staff.
27. The subcontractor assures that it has written personnel
policies in compliance with applicable Federal and State
laws and that these policies have been communicated to
all staff. •
28. The AAA shall provide technical assistance on all matters
relating to services provided to the elderly as outlined
in this contract.
29. The subcontractor and his/her employees or agents
performing under this agreement are not to be deemed to
be employees or agents of the Arkansas Division of Aging
and Adult Services or the AAA in any matter whatsoever.
RISK. MANAGEMENT ASSURANCES
30. The subcontractor agrees to obtain and to keep in effect
insurance to be applicable to the principal location of
the subcontractor and the subcontractor's operations,
food preparation centers, service sites and all other
locations regularly involved in the execution of the
purpose of the aging programs, including the insuring of
all automobile hazards concurrent with the delivery of
the services of this contract as required by the AAA.
The subcontractor shall be liable to indemnify the AAA
only to the extent provided for in the limits of the
insurance policies mandated by the AAA.
31. The subcontractor and the AAA mutually agree to promptly
notify the other party in writing of any claims against
t he AAA or the subcontractor and in the event of suit
being filed, each party hereto agrees not to incur any
expense of make any settlement without the other party's
knowledge and consent. In the event that the AAA is
compelled to adjust, or settle any such claim or pay for
the defense therefore, the cost of such defense,
adjustment or settlement, including reasonable attorney
fees, shall be charged to the subcontractor.
SUBCONTRACTING ASSURANCES
32. The subcontractor shall not assign any interest in this
agreement, and shall not transfer any interest in the
same, whether by assignment or notation, without the
prior written consent of AAA.
33. All third party contracts with private profit-making
companies must have prior approval from the AAA. The
subcontractor must submit to the AAA for prior approval
any proposed contracts with profit-making organizations
to provide services. Such contracts will be approved
o nly if it can be demonstrated that the profit-making
o rganization can provide services in a manner clearly
superior to and/or more economically than other available
public or private non-profit service providers.
34. The subcontractor assures that it will provide a drug
free workplace by establishing a drug-free awareness
program to inform employees about:
Principal Official yf Subcontracting fluency
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"LIGHT PRINT "
a. The dangers of drug abuse in the workplace;
b. The subcontractor's policy for maintaining a drug-free
workplace;
c. Any available drug counseling, rehabilitation, and
employee assistance programs, and;
d. The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
CLIENT ELIGIBILITY AND INFORMATION ASSURANCES
35. The subcontractor assures that preference in the delivery
o f services will be given to those elderly persons in
g reatest economic or social need as stated in 1321.109 of
t he regulations to the Older Americans Act. The
subcontractor also assures that low income and minority
e lderly persons will be served at least in proportion to
their relative numbers in the area of operation and that
a written plan will be developed to insure this.
36. The subcontractor assures that specific outreach efforts
to identify and inform older persons of the availability
of services will be maintained. These outreach efforts
should have special emphasis on the rural elderly and
those with greatest economic or social needs. With
✓ espect to Title III services, outreach efforts should
insure that the maximum number of eligible persons have
an opportunity to receive services.
37. The subcontractor agrees to implement such procedures as
are necessary to meet the requirements on safeguarding
confidential information. The subcontractor assures that
no information about, or obtained from, an individual,
and in the possession of the subcontractor providing
services to such individual, shall be disclosed in any
form identifiable with the individual without the
informed consent of such individual.
38. Lists of older persons compiled pursuant to operations
u nder this agreement shall be used solely for the purpose
of providing social services, only with the informed
consent of each individual on such list and under no
circumstances will they be made available to any
individual or organization other than the Department of
H ealth and Human Services, Administration on Aging,
Arkansas Division of Aging and Adult Services, the AAA
and/or their respective designees.
CLIENT CONTRIBUTION ASSURANCES
39. The subcontractor is cognizant that client contributions
(program income) are a funding source for activities
provided under Title III programs.
40. The subcontractor assures that steps will be taken to
actively encourage, within regulatory constraints,
contributions by recipients of services.
41. The subcontractor assures that supportive and nutrition
service contributions are used to expand those programs.
Subcontracting Agency
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42. The subcontractor assures that contributions for
services, if any, by participants shall be determined by
his/her ability to pay.
43. The subcontractor assures that any eligible individual
shall not be denied participation in the program because
fi of an inability to pay all or part of the cost of the
service provided.
44. The subcontractor assures that all suggested contribution
schedules for client contributions will be submitted to
and approved by the AAA prior to implementation.
45. The subcontractor assures that suggested contribution
schedules shall in no case be used as a means test to
determine the eligibility of individuals to participate
in the program.
46. The subcontractor further assures that arrangements will
be made for methods of receiving contributions from
individuals in such a manner as not to differentiate
among individual's contributions publicly.
47. The subcontractor assures that it will accept voluntary
contributions from participants. Procedures established
by the AAA will be used to document and safeguard the
collection and handling of this income.
The subcontractor assures that funds received under
Part D of the Older Americans Act will be expended in
accordance with federal regulations and procedures
developed by GAAS.
SERVICE DELIVERY ASSURANCES
49. The subcontractor assures that it will participate in the
coordination of community based, long-term care services
and work to ensure community awareness of and involvement
/r in addressing the needs of residents of long-term care
facilities.
50. The subcontractor assures that it will provide a program
of appropriate training for all classes and positions of
volunteers.
51. The subcontractor assures that it will hire only American
Citizens and aliens who are authorized to work in the
United States, assuring compliance with the Immigration
Reform and Control Act of 1986.
52. The subcontractor assures that it will supply the AAA and
DAAS with client, services, and financial data and other
requested information concerning the operation and
delivery of program cervices. Both DAMS and the AAA have
the right to duplicate or use the information connected
with the administration of the Division's service
programs. This includes the right to release data which
is void of client identifying information to sources
outside the Division.
53. The subcontractor assures that it will employ staff in
adequate numbers to ensure the delivery of services for
all clients according to Area Agency on Aging and DAAS
policy.
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Principal Officia]/of Subcontracting Agency
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MINIM
54. The subcontractor agrees to participate in the state-wide
Management Information System and to comply with
additional record requirements as may be considered
necessary by the AAA. All such records are to be
retained for three years after the close of the federal
fiscal year for federal funding and for an additional
period of time as required by specific funding sources.
55. The subcontractor will cooperate and assist in efforts
u ndertaken by the Area Agency on Aging, the State Agency,
and/or the Administration on Aging and to evaluate the
effectiveness, feasibility, and cost of activities
provided.
56. The subcontractor agrees to make all program records
available for audit review to the Department of Health
and Human Services, Administration on Aging, Division of
Aging and Adult Services, and the Area Agency on Aging or
their designees at a reasonable time and place.
i(b;
57. The subcontractor is aware that scheduled and unscheduled
o n-site administrative reviews of program operations may
be conducted by the State Agency, the Area Agency on
Aging and/or their designees.
5S. The subcontractor agrees that it shall be the right of
the AAAs to rescind funding during the contract period
if, through review of the subcontractor's financial
reports, the AAAs deem that the subcontractor will not
u tilize all funds allocated under this agreement.
59. The subcontractor assures that it will establish and
e nsure compliance with, a seat belt policy that requires
all operators of, and passengers in, vehicles for
delivering and receiving transportation services under
t his contract wear seat belts when the vehicle is being
operated.
60. In accordance with GAAS policy, the subcontractor assures
that no smoking will be permitted in the vehicles used
for delivering and receiving transportation services.
61. The subcontractor assures that within its personnel
policies the subcontractor has and implements a nepotism
policy that prohibits hiring a person for a job over
w hich a member of his or her immediate family exercises
supervisory authority. A member of an immediate family
shall include any of the following persons: Mother,
f ather, sister, husband, wife, son, brother, daughter,
daughter-in-law, brother-in-law, sister-in-law, father-
in-law, mother-in-law, son-in-law, and grandparents.
62. The subcontractor assures that all services funded
area plans are coordinated with other appropriate
services in the community, and that these services
constitute an unnecessary duplication of services
provided by other sources.
under
do not
63. The subcontractor assures that it will provide to the
area agency, in a timely manner, statistical and other
information which the area agency requires in order to
meet its planning, coordination, evaluation and reporting
requirements established by the State under 1321.13 of
the regulations to the Older Americans Act.
64. The subcontractor assures that conditions or
circumstances which place the older person, or the
Principal OfficialSubcontracting Agency
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%CHi PAINT
household of the older person, in imminent danger will be
brought to the attention of appropriate officials for
follow-up.
65. The subcontractor assures that assistance will be given
to participants in taking advantage of benefits under
o ther programs.
FISCAL ASSURANCES
66. The subcontractor assures that Title V enrollees will not
be used to displace currently employed workers or
substitute for federal funds currently being used in any
related programs. Enrollees will not be substituted for
federally assisted positions.
67. The subcontractor assures that it will maintain
accounting records and make these records readily
available for examination by authorized personnel.
68. The subcontractor assures that it will maintain records
u ntil authorized to destroy such records, always
maintaining records until resolution of pending audit
questions pertaining to individual grants.
69. The subcontractor assures that it will submit program and
financial reports to project AAA and/or DAAS operations,
as required.
70. The subcontractor assures that it will promptly return
u nearned cash or property to the AAA upon a project
termination.
71. The subcontractor assures that it will provide such
fiscal control and fund accounting procedures as may he
necei.E.ary to assure proper disbursement of and accounting
for funds paid to grant or contract recipients.
72. The subcontractor assures that it will adhere to the cost
principles in compliance with 45 CFR Parts 74 and 92.
73. The subcontractor will assure that subrecipients comply
w ith the Department of Human Services publication on
audits, "Guidelines for Financial and Compliance Audits
of Programs Funded by the Department of Human Services."
CONSTRUCTION AND ACQUISITION OF FACILITY
74. The subcontractor assures that for not less than 10 years
after acquisition, or not less than 20 years after the
completion of construction, the facility will be used for
the purpose for which it is to be acquired or constructed
75. The subcontractor assures that sufficient funds will he
eek available to meet the non -Federal share acquisition of
construction cost of the facility.
76. The subcontractor assures that sufficient funds will be
available when acquisition or construction is completed
for: effective use of the facility and; for the purpose
for which it is being acquired or constructed.
77. The subcontractor assures that the facility will not be
u sed for sectarian instruction or as a place for
religious worship. Prayer, intended as Grace before
Principal 0=ficialSubcontracting Agency
"MGM
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meals, is permissible provided each individual present
clearly has a choice to either participate or abstain.
The subcontractor assures that prayer will not be
sponsored, organized or led by individuals employed by
the senior center or nutrition site.
78. The subcontractor assures that, in the case of purchase
or construction, there are no existing facilities in the
community suitable for renting or leasing as a
multipurpose senior center.
79. The subcontractor assures that the plans and
specifications for the facility are in accordance with
regulations relating to minimum standards of
construction, promulgated with particular emphasis on
securing compliance with Act 691 "Architectural Barriers
Accessibility Act of 1989".
80. The contract/grant contains, or is supported by, adequate
assurance that any laborer or mechanic employed by any
subcontractor in the performance of work on the facility
will be paid wages at rates not less than those
prevailing for similar work in the locality as determined
by the Secretary of Labor, in accordance with the Davis -
Bacon Act of March 3, 1931 (40 U.S.C. 276a -276a-5).
THE ABOVE ARE MINIMUM ASSURANCES REQUIRED BY THE DEPARTMENT
OF HUMAN SERVICES, DIVISION OF AGING AND ADULT SERVICES.
HOWEVER, NUMBERS 11, 17, 22, 23, 24, 30, 42, 43, 48, 49, 50,
54, 56, 59, 60, 66, 74, 75, 76, 77, 78, 79, 80, AND 85 DO NOT
APPLY TO THIS CONTRACT.
ADDITIONAL TRANSPORTATION ASSURANCES AS SET FORTH BY THE
AREA AGENCY ON AGING OF NORTHWEST ARKANSAS
81. By the tenth (10th) day of each month, the subcontractor
shall submit to the office of the Area Agency on Aging
of Northwest Arkansas, Inc. a bill for all authorized
services rendered under this contract in the preceding
month. The subcontractor shall submit bills in a form
prescribed by the Area Agency on Aging of Northwest
Arkansas.
82. Amendment of this contract shall result when a
comparison of true and actual costs to approved budgeted
costs ascertains a differential. Such a comparison will
be conducted on a periodic basis for each service as
defined in paragraph 95 of this contract. This contract
may be amended by the mutual consent of both parties at
any time during its term. Amendments to this contract
shall be in writing, signed by both parties, or their
authorized representatives.
83. The Area Agency on Aging of Northwest Arkansas shall
pay the subcontractor at the rates set forth as stated
in paragraph 95 of this contract for each unit of direct
service provided under this contract to individuals age
sixty (60) years and older.
84. The subcontractor agrees to submit Quarterly Program
Performance Reports by the 15th of the month following
the end of the previous calendar quarter. The
subcontractor further agrees to submit all reports
required by the Area agency on Aging of Northwest
Arkansas or the State Agency by the dates so designated.
Failure to comply with these requirements will be
hdled in,ccordance with paragraph 86.
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Principal 07"ficiy of Subcontracting Agency
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85. The subcontractor agrees to procure and maintain, at
their own expense, comprehensive bodily injury and
property damage liability insurance, including bodily
injury and property damage caused by automotive vehicles
u sed in the project's operations. Said insurance
policies shall provide limits of $100,000 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; $100,000 for property damage in any one
accident. Said insurance policies shall list the Area
Agency on Aging of Northwest Arkansas as co-insured.
The subcontractor further agrees to turnish
certification of vehicle insurance to the Area Agency on
Aging of Northwest Arkansas.
86. Ir, through any cause, the subcontractor shall fail to
fulfill in a timely and proper manner his obligations
u nder this contract, or if the subcontractor shall
✓ iolate any of the covenants, contracts or stipulations
of this contract, the Area Agency on Aging or Northwest
Arkansas shall thereupon have the right to terminate
this contract by giving written notice to the
subcontractor 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 prepared by the subcontractor
shall, at the option of the Area Agency on Aging of
N orthwest Arkansas become its property; and the
subcontractor shall be entitled to receive just and
equitable compensation for any satisfactory work
completed on such documents and other materials.
87. The Area Agency on Aging of Northwest Arkansas may
terminate this contract any time with just cause, by
g iving written notice to the subcontractor 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
u nfinished documents and other materials shall, at the
option of the Area Agency on Aging of Northwest Arkansas
become its property. If the contract is terminated by
the Area Agency on Aging of Northwest Arkansas as
provided herein, the subcontractor will be paid an
amount which bears the same ratio to the total
compensation as the services actually performed bear to
t he total service subcontractor covered by this
contract, as well as amounts which the subcontractor 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 it less than sixty (60)
percent of the services covered by this contract have
been performed upon the effective date of such
termination, the subcontractor shall be reimbursed (in
addition to the above payment) for the portion of out-
of-pocket expenses (not otherwise reimbursed under this
contract) incurred by the subcontractor during the
period of this contract which are directly attributable
to the uncompleted portion of the services covered by
the contract. If this contract is terminated due to the
fault of the subcontractor, paragraph 89 hereof relative
to termination shall apply.
Principal cial
Subcontracting Agency
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AREA AGENCY ON AGING OF NORTHWEST ARKANSAS
STANDARD BUDGET FORM FOR CONTRACTORS
CONTRACTOR'S NAME city of Fayprrevi11e
BUDGET PERIOD Tannary 14 1990 through December 31, 1990
attachment
Revision Date
Federal Share
ut,aa
::nu -Federal flitch: Project Inckae
Cash
In -Kiril
Total Non -Federal Match
I'rnject Inco4re: Program E>gaansion
Contributed Lalor
Total Title III Cash
lurfi1, PROJECT COSI
Number of Units Per Year
Gross Unit Rate
Less Non -Allowable
Cash Unit Bate
Federal Reimbursement Race
RECAP OF PROGRAM SHARING
lersoanel In -Kind
4.000.00
TITLE SII
TOTAL
TITLE III -ca
TRPAGF RTATICN
TITLE III -8
0313RirsATE
MEAS
G7.IVIIIED
1111E
In -Ki -A1
-U TALIZATEN
610
Personnel
7T'6.00
I Total In -Kind
r
$
620
Fringe Benefits
630
Auditing
4,000.00
Total Project Cost
4.705.00
632
Advertising
4 ;06.00
4,706.00
2,000
636
Bldg Space Acquisition
2.35
638
Comnuiications
639
Postige
2.00
2.00
645
648
F4uirrnent Rental
Equipment Purchase
////////////////"
650
Food Costs
//%/////7//////
655
Insurance & 8ording
660
Maintenance & Repair
651
Coaputcr
662
Janitorial Surolies
664
Office Supplies
C:66
Program Supplies
670
ftmtrshp/1-heting/Cont.
672
Printing & Reproduction
674
Contracted Services
682
Trng/F'duc/S:bscri_ption
684
Translxartation
4,000.00
4,000.00
—�
u86
Travel
658
Utility Cost
689
Cther Cost
Total Adjusted (Cash) Cost
Federal Share
ut,aa
::nu -Federal flitch: Project Inckae
Cash
In -Kiril
Total Non -Federal Match
I'rnject Inco4re: Program E>gaansion
Contributed Lalor
Total Title III Cash
lurfi1, PROJECT COSI
Number of Units Per Year
Gross Unit Rate
Less Non -Allowable
Cash Unit Bate
Federal Reimbursement Race
RECAP OF PROGRAM SHARING
lersoanel In -Kind
4.000.00
424.00
282.00
//////////////,/////////////////////////////////
Supplies In -Kiril
2E2.00
In -Kind
In -Ki -A1
7T'6.00
I Total In -Kind
r
6.00
706.00
I Contributed ':sabot
Iota1 Non-ALiaatrbic Cost
4,000.00
Total Project Cost
4.705.00
4,706.00
4 ;06.00
4,706.00
2,000
Federal Share
ut,aa
::nu -Federal flitch: Project Inckae
Cash
In -Kiril
Total Non -Federal Match
I'rnject Inco4re: Program E>gaansion
Contributed Lalor
Total Title III Cash
lurfi1, PROJECT COSI
Number of Units Per Year
Gross Unit Rate
Less Non -Allowable
Cash Unit Bate
Federal Reimbursement Race
RECAP OF PROGRAM SHARING
Rev. 11/85
arI00.00
4.000.00
//////////////,/////////////////////////////////
7T'6.00
706.00
r
6.00
706.00
4,000.00
4,000.00
4 ;06.00
4,706.00
2,000
2 C00
2.35
2.35
2.00
2.00
Rev. 11/85
•
•
•
•
This contract shall be effective as of January 1. 1990
and shall be in force during this period commencing on the
effective date and ending December 31, 1990 and during
such additional period or periods as the "Subcontractor" and
the Area Agency on Aging of Northwest Arkansas 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"
oyd Ken r dy
Executive Director
Area Agency on Aging
of Northwest Arkansas
FOR THE "SUBCONTRACTOR"
k7'S r."
Mayor Bi Martin
City o Fayetteville
•
(Cont'd)
Paragraph No.88
City of Fayetteville
January 1, 1990 through
December 31, 1990
TRANSPORTATION SERVICE
Under this contract, the provider agrees to provide a total of not less than.
2,000 units of TRANSPORTATION SERVICE 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
IDTAL FEDERAL
NCN-FEDERAL
1. Project Income
2. Provider Cash
3. In -Kind
TtrAL NCN-FEDERAL
4,000.00
706.00
4,000.00
706.00
Project Inccme: Program Expansion
Contributed Labor
'IDTAL FUNDING SOURCES 4,706.00
Under no circumstances shall the Title III federal share exceed $ 4,000.00 or
$2.00 federal reimbursement rate per unit.
SERVICE DEFINITION
Transportation services include activities which enable individuals to travel
to and from cccntunity resources in order to receive services, reduce isolation,
or otherwise encourage independent living activities including making special
modes of transcortacion o;hen needed and provision of personnel to accompany and
assist ce.s:cns who ere unable to use conventional means of transportation to
reach needed services. Appropriate Information and Referral- and Outreach
"Ce a: 'Ldenced b;; the Program Performzncz Recort, will be required
Unit of Service: Each one-way trig to or from canuunity 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 Services
provided.
1
CONTRACT
This contract is made this
1st
day of January
19 90 by and between the AREA AGENCY ON AGING OF NORTHWEST
ARKANSAS (AAA), having its offices
at 910--B Northvale
Shopping Center, City of Harrison, Arkansas, and
City of Fayetteville
organized and existing under the law of the State of
Arkansas, with principal offices at 113 West Mountain
, a corporation
Fayetteville, Arkansas
designated as the "SUBCONTRACTOR".
WITNESSETH:
72701
, hereinafter
WHEREAS, the Area Agency on Aging of Northwest Arkansas
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
AND WHEREAS, the Area Agency
AGCHC:'r.
on Aging of Northwest Arkansas
is responsible for administering and coordinating said
aging services.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the "subcontractor
Area Agency on Aging of Northwest Arkansas agree a
and the
follows:
PROGRAM ASSURANCES
The following assurances are applicable to funds administered
by the Arkansas Division of Aging and Adult Services (DAAS)
or Area Agencies on Aging in accordance with an area plan
approved by DAAS. Applicants for a contract to provide aging
services must specify intent to comply with the following:
1. The subcontractor understands and agrees it is the
purpose of the program to foster the development of a
comprehensive and coordinated service system for persons
aged 60 and over. The primary goals of the program are:
a. to secure and maintain maximum independence and
dignity in a home environment tor older persons
capable of self-care with appropriate supportive
services, and;
p
1 of Subcontracting Agency
b. to remove individual and social barriers to economic
and personal independence for older persons, including
the provision of employment opportunities and
community volunteer activities where older persons
live.
The subcontractor further understands and agrees that
resources made available to the subcontractor by the AAA
are designed to:
Provide for the development and implementation of
services designed to meet the needs of the elderly on
a priority basis with special attention being given to
the needs of low-income and minority older persons;
b. Develop, implement, and maximize service coordination
w ith existing social service systems to ensure
effective, efficient, and responsive systems in
meeting the needs of the elderly;
c. Attract additional resources from local units of
government, public and private agencies, and the
community at large, to extend the program of services
available to elderly citizens of the area, and;
d. Make existing social services more accessible to the
e lderly through the supportive services implemented
u nder this agreement, with special attention given to
physically or mentally handicapped elderly and those
in greatest social and economic need. The Older
Americans Act prohibits any type of means test and no
o ne can be denied services because of income. The
subcontractor also assures that low income and
minority elderly persons will be served at least in
proportion to their relative numbers in the area of
operation. Low income shall be determined by the
poverty thresholds as defined by the Office of
Management and Budget.
The subcontractor will specify how it intends to satisfy
the service needs of low-income minority individuals it
serves. The AAA will specify how this is to be done.
4. The subcontractor assures that it presently has no
interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree
w ith the performance of services required to be
performed. The subcontractor further agrees that in the
performance of this agreement, no persons having such
interest shall be employed.
5. The subcontractor assures that in no case will any part
of the program under this agreement which may be operated
by specific groups such as churches, social
o rganizations, homes for the elderly, or senior housing
developments, restrict participation in the project to
its own membership or otherwise show discriminating
preferences for such membership.
ti. The subcontractor will comply with Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and the regulations
issued pursuant thereto. Further, the subcontractor
assures that it has no commitments or obligations which
are inconsistent with compliance with these or other
Principal OFfici of Subcontracting Agency
•
pertinent federal regulations or policies, and that any
other agency, organization or party that participates in
the implementation of services pursuant to this agreement
shall have no such commitments or obligations.
7. The subcontractor agrees to implement such procedures as
are necessary to meet the requirements on safeguarding
confidential information of client records.
8. The subcontractor agrees that it will comply with Section
504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), all requirements imposed by the applicable
Health and Hunan Service regulations (45 C.F.R. Part 74),
and all guidelines and interpretations issued pursuant
thereto. The subcontractor assures that, when viewed in
its entirety, each program or activity is readily
accessible to and usable by handicapped persons.
9 the subcontractor assures that where state or local
public jurisdictions require licensure for the provisions
of services, the subcontractor shall be licensed, or
shall meet the requirements for licensure.
10. The subcontractor assures that staff, qualified by
education and/or experience, will be employed and.
assigned to the implementation and performance of the
services outlined in this agreement. All applications
for employment will be maintained as a part of the
program files.
11. The subcontractor agrees that personnel hired for program
operations will participate in any appropriate training
provided by this AAA.
12. The subcontractor is cognizant of and agrees to operate
the program in full conformance with all applicable
federal, state and local standards, including fire,
health, safety and sanitation standards prescribed by law
or regulations_
13. The subcontractor assures that it has the authority and
capacity to implement and perform, either directly or
through approved contractual arrangements, the program of
services agreed upon.
14. The subcontractor will provide all services in accordance
with all program regulations set forth by Title III of
the Older Americans Act of 1965, as amended, the Social
Services Block Grant, and other applicable program
guidelines. The subcontractor will also comply with
policies, procedures, and guidelines established by DHS,
DAAS, and/or the AAA.
15. The subcontractor assures that services will be delivered
so as to provide continuous and levelized services for
the full term of the contract. Subcontractor will close
only with prior approval of AAA.
16. The subcontractor will provide for a continuing program
of public information, specifically designed to assure
that information about services and activities carried
out pursuant to the agreement, is effectively and
appropriately promulgated throughout the area of
operations. The subcontractor will make available at
reasonable times and places all: agreements; periodic
reports, and policies governing the administration of
Principal 1Friel
of Subcontracting Agency
•
•
this program, For review upon request by interested
persons and representatives of the news media. The
subcontractor assures that all public information
regarding services funded directly or through allocation
from the AAA will include a statement to this effect.
17. The subcontractor assures that a method of obtaining
participant input into the program will be developed and
implemented.
18. The subcontractor will cooperate and assist in efforts
undertaken by the AAA, the State Agency and/or the
Administration on Aging to evaluate the effectiveness,
feasibility, and cost of activities provided.
19. The subcontractor agrees to cooperate in comprehensive
planning, to provide additional needed services to
participants and elderly persons in the area. The
subcontractor will assist the AAA in identifying unmet
needs, and program planning through completion of needs
assessment surveys, by participating in planning
meetings, and through other methods as may be deemed
necessary.
20. The subcontractor agrees to utilize, when possible,
State, Federal, and local funding, to supplement and
enhance the quality and quantity of services and achieve
the objectives of the Older Americans Act. It is further
agreed by the subcontractor when other funding is used,
to report it in accordance with the AAA financial
requirements.
21. The subcontractor assures that a written grievance
procedure that complies with federal and state
regulations will be developed for all programs and
conveyed to participants and employees. The
subcontractor- also agrees to devise a mechanism to inform
individual participants and employees of their right to
present to the AAA or DAAS their grievances about the
service(s) or employment practices of the subcontractor.
22. The subcontractor assures that a disaster relief plan
will be prepared setting forth procedures necessary to
protect older persons involved immediately after the
occurrence of a disaster and assist in the delivery of
emergency services with particular attention to health,
food, shelter, sleeping arrangements, and any other
assistance necessary to the older person's well-being.
Contingent on available funding, the AAA agrees to
reimburse the subcontractor for the emergency relief if
available from any other resource.
23. The subcontractor assures that each site will develop,
and post for all to view, an emergency evacuation pian
and periodically practice evacuation drills.
24. The subcontractor assures that it will, if possible, have
arrangements with local educational agencies,
institutions of higher education, and non-profit private
organizations to use the services provided older
individuals under the community schools program of the
Elementary and Secondary Education Act of 1965.
25. The subcontractor agrees to insure that all expenditures
incurred by the program will be in accordance with an
approved budget, cost policies, and other financial
procedures established by the AAA in keeping with state
and f-.deral guidelines.
Principal Official
Subcontracting Agency
•
26. The subcontractor assures that it has implemented a
written affirmative action plan and that the affirmative
action policies have been communicated to all staff.
27. The subcontractor assures that it has written personnel
policies in compliance with applicable Federal and State
laws and that these policies have been communicated to
all staff.
28. The AAA shall provide technical assistance on all matters
relating to services provided to the elderly as outlined
in this contract.
29. The subcontractor and his/her employees or agents
performing under this agreement are not to be deemed to
be employees or agents of the Arkansas Division of Aging
and Adult Cervices or the AAA in any matter whatsoever.
RISK MANAGEMENT ASSURANCES
30. The subcontractor agrees to obtain and to keep in effect
insurance to be applicable to the principal location of
the subcontractor and the subcontractor's operations,
food preparation centers, service sites and all other
locations regularly involved in the execution of the
purpose of the aging programs. including the insuring of
all automobile hazards concurrent with the delivery of
the services of this contract as required by the AAA.
The subcontractor shall be liable to indemnify the AAA
only to the extent provided for in the limits of the
insurance policies mandated by the AAA.
31. The subcontractor and the AAA mutually agree to promptly
notify the other party in writing of any claims against
the AAA or the subcontractor and in the event of suit
being filed, each party hereto agrees not to incur any
expense of make any settlement without the other party's
knowledge and consent. In the event that Lhe AAA is
compelled to adjust, or settle any such claim or pay for
the defense therefore, the cost of such defense,
adjustment or settlement, including reasonable attorney
fees. shall be charged to the subcontractor.
SUBCONTRACTING ASSURANCES
32. The subcontractor shall not assign any interest in this
agreement, and shall not transfer any interest in the
same, whether by assignment or notation, without the
prior written consent of AAA.
All third party contracts with private profit --making
companies must have prior approval from the AAA. The
subcontractor must submit to the AAA For prior approval
any proposed contracts with profit --making organizations
to provide services. Such contracts will be approved
only if it can be demonstrated that the profit --making
organization can provide services in a manner clearly
superior to and/or more economically than other available
public or private non-profit service providers.
34. The subcontractor assures that it will provide a, drug -
Free workplace by establishing a drug-free awareness
program to inform employees about:
71
Principal CFficial/of Subcontracting Agency