HomeMy WebLinkAbout1999-06-28 City Council (17)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
.DATE:JUNE 28, 1999 CMR: 287:99
SUBJECT:APPROVAL OF THE 1999-00 HUMAN SERVICES RESOURCE
ALLOCATION PROCESS (HSRAP) SERVICE AGREEMENTS
OVER $65,000 FOR FISCAL YEAR 1999-00
RECOMMENDATION
Staff recommends that the City .Council approve and authorize the Mayor to execute the
following contracts for fiscal year 1999-00:
1.Adolescent Counseling Services (ACS), in the amount of $89,716.
2.Avenidas, in the amount of $420,623.
3.Palo-Alto Community Child Care (PACCC), in the amount of $402,005.
BACKGROUND
Twenty-five nonprofit agencies requested funding for fiscal year 1999-00 through the Human
Services Resource Allocation Process (HSRAP). The requests totaled $1,558,588. Council
policy provides, for available 1999-00 funds of $1,099,972, which includes a 3 percent
($32,038) cost of living adjustment was added over the 1998-99 allocation of $1,067,934.
Staff’s recommendation of $1,158,275 includes available funds plus additional one-time
increases of $58,303.
DISCUSSION
On May 20, 1999, the Finance Committee recommended approval of twenty Human Services
contracts as part of the HSRAP process. Three of the recommended contracts exceed
$65,000, requiring City COuncil approval. The Finance Committee also recommended one-
time additions of $31,790 to all previously funded HSRAP agencies (See Attachment One)
which increased the staff recommendation from $1,158,275 to $1,190,065.
RESOURCE IMPACT
The HSRAP funding recommendations will provide $1,190,065 in General Fund support to
twenty programs. Of this amount, $1,158,274 was included in the City Manager’s Proposed
CMR: 287:99 Page 1 of 2
1999-00 Budget in the Community Services Department and $31,790 will be funded from
the General Fund Budget Stabilization Reserve pursuant to the Finance Committee’s budget
recommendation to provide CPI adjustments.
POLICY IMPLICATIONS
This recommendation does not represent any change to existing City policies
ENVIRONMENTAL REVIEW
.The proposed funding recommendation and authorization of Human Service contracts do not
necessitate any environmental assessment as defined by the California Environmental
Quality Act (CEQA) and is not subject to CEQA requirements.
ATTACHMENTS
Attachment One:
Attachment Two:
HSRAP Selection Committee & Finance Committee Funding
Recommendations FY 199-00
Contracts
PREPARED BY: Kathy Espinoza-Howard, Administrator, Human Services
DEPARTMENT HEAD:
PAUL THILTGEN
Director of Community Services
CITY MANAGER APPROVAL:
cc: Contracting Agencies
Human Relations Commission
CMR: 287:99 Page 2 of 2
j. ~f
ATTACHMENT TWO
Contracts for Council Approval
¯Adolescent Counseling Services
¯Avenidas
¯Palo Alto Community Child Care
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
ADOLESCENT COUNSELING SERVICES, INC.
FOR CONSULTING SERVICES
This Contract No.is entered intoby and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY,,), and
ADQLESCENT COUNSELING SERVICES, INC., a corporation duly organized
and existing under the Nonprofit Corporation Law of the State of
California, located at 4000 Middlefield Road, FH Palo Alto, CA
94303 ("CONSULTANT,,). ’
RECITALS:
WHEREAS, CITY desires to obtain certain counseling and
outreach services for young adolescents in the community
("Program"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its.
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Program on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,conditions, and provisions of this Contract, the parties agree:
,SECTION I.TERM
I.I This Contract will commence on July i, 1999 and will
terminate on June 30, 2000, unless this Contract is earlier
terminated by CITY. Upon the receipt of CITY’s notice to proceed,
CONSULTANT will commence work on the initial and subsequent Program
tasks in accordance, with the time schedule set forth in Exhibit
"A". Time is of the essence of this Contract. In the event that
the Program is not Completed within the time required through any
fault of CONSULTANT, CITY’s city manager will have the option of
extending the time schedule for any period of time. This provision
will not preclude the recovery of damages for delay caused by
CONSULTANT. ~
BECTION 2.
CORRECTIONS
SCOPE OF PROGRAM SERVICES;CHANGES &
2.1 The scope of Services constituting the Program will
be performed, delivered or executed by CONSULTANT under the phases
of the Basic Services as described below.
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, or the Program, either decreasing
or increasing the amount of work required of CONSULTANT. In the
event that such changes are ordered, subject to the approval of
CITY’s City Council, as may be required, CONSULTANT will be
1990511 syn 0071618
entitled to full compensation for all work performed prior to
CONSULTANT’s receipt of the notice of change and further_will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
SECTION 3. OUALIFICATIONS, STATUS, AND DUTIES OF
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONSULTANT further represents and warrants
that the program director and every individual, including any
consultant, charged with the performance of the Services are duly
licensed or certified by the State of California, to the extent
such licensing or certification is required by law to perform the
Services, and that the Program will be executed by them or under.
their supervision.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Program.
3.3 CONSULTANT will assign a single program director to
have supervisory responsibility for the performance, progress, and
execution of the Program. The program director will represent
CONSULTANT during the day-to-day work on the Program. If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the program director, the
CONSULTANT shall notify the program manager of such a change.
3.4 CONSULTANT represents and warrants that it will:
3.4.1 Procure all permits and licenses, pay~ all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Program;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of Califorbia, and local laws, ordinances,
regulations, orders, and decrees which may a~ffect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and co~ply with, and cause
its employees and consultants, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the program manager,
in writing, any discrepancy or inconsistency it discovers in the
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laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the deliverables.
3.5 Any deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with two (2) copies ofa~y documents which are a part of the deliverables upon their
completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the deliverables, CONSULTANT will provide such
additional copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Program. All
consultants of CONSULTANT will be deemed to be directly controlled.
and supervised by CONSULTANT, which will be responsible for°their
performance.
3.9 In the execution of the Program, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if soauthorized,
in writing, by CITY:
3.10.1 Providing services as an ’expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSOLTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. CONSULTANT shall be responsible for
the performance of its consultants or subcontractors in fulfilling
the provisions of this contract.
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3.12 CONSULTANT shall coordinate its services with
other existing organizations providing similar services in order to
foster community cooperation and to avoid unnecessary duplication
of services.
3.13 CONSULTANT shall seek out and apply for other
sources of revenue in support of its operation or services from
county, state,, federal and private sources. Unless deemed
inappropriate by the program manager, CITY shall support CONSULTANT
in its search of grants, funding, or other income by serving as a
sponsoring agency, by providing letters of support, or by rendering
advice on application for grants.
3.14 CONSULTANT shall include an acknowledgment of
CITY funding and support in all appropriate publicity or
publications regarding its programs and services using words to the
effect that "services are provided in cooperation with the City of
Palo Alto" or "through City of Palo Alto funding" as approved by
the program manager.
3.15 Throughout the term of this Contract,
CONSULTANT shall remain an independent, nonprofit corporatioh under
the laws of California governed solely by a Board of Directors,
with up-to-date bylaws. CONSULTANT shall operate by its Bylaws.
Any changes in CONSULTANT’s Articles of Incorporation, Bylaws, or
tax-exempt status shall be reported by CONSULTANT immediately to
the Program Manager.
3.16 The Board of Directors of CONSULTANT shall
include representation from the broadest possible cross section of
the community including: those with expertise and interest in
CONSULTANT’s services, representatives from community
organizations, and users of CONSULTANT’s services.
3.17 All. meetings of the Board of Directors of
CONSULTANT shall be open to the public, except meetings, or
portions thereof, dealing with personnel or litigation matters.
3.18 CONSULTANT shall keep minutes of all regular
and special meetings of its Board of Directors.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Program as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review andapproval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
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establish the time of each review and approval task. CITY’s
failure to review and approve within the estimated time schedule
will not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. The Administrator for the Office of
Human Services is designated as the program manager for the city
manager. The program manager will supervise the performance,
progress, and execution of the Program, and will be assisted by the
Management Assistant for the Office of Human services.
4.4 In the event CITY should determine from any
identifiable source, includinq but not limited to reports submitted
by CONSULTANT under this cont}act or any evaluation report from any
identifiable source, that there is a condition which requires
correction, CITY may forward to CONSULTANT requests for corrective
action. Such requests shall indicate the nature of the issue or
issues which are to be reviewed to determine, the need for
corrective action and may include a recommendation as to
appropriate corrective action. Within thirty (30) days of CITY’s
request, CONSULTANT shall submit its response, which shall include
its views of the problem and proposed action, if any. Upon request
of either party, the parties shall meet to discuss any such request
and response within the thirty-day period specified.
SECTION 5 COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Eighty-Nine Thousand
Seven Hundred Sixteen Dollars ($89,716.00). The amount of
compensation will be calculated in accordance with the schedule set
forth in Exhibii "B" On the billing form provided by CITY,
CONSULTANT shall submit a bill by the fifteenth (15th) working day
of the following month for services provided under this Contract
during the preceding three months. The bill shall specify actual
expenditures directly .related° to this Contract as follows, in
accordance with Exhibit "B". The fees of the consultants, who have
direct contractual relationships with CONSULTANT, will be approved,
in advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTANT.
5.1.2 The full payment of charges for extra work or
changes, or both, in the execution of the Program will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the program manager. Payment will be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design Work or
5
990601 syn 0071618
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.3 Direct personnel expense of employees assigned
to the execution of the Program by CONSULTANT will include only the
work and other documents pertaining to the Program, and in services
rendered during the program to the extent such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
5enefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Basic Services will be made in
quarterly progress payments in proportion to the quantum, of
services performed, or in accordance with any other schedule of
payment mutually agreed upon by the parties~ as set forth in
Exhibit "B", or within thirty (30) days of submission. Final
payment will be made by CITY after CONSULTANT has submitted all
deliverables, including, without limitation, reports which haQe
been approved by the program manager.
5.2.2 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors.
SECTION 6.PROGRAM RECORDS
Upon reasonable notice, CONSULTANT shall grant the
program manager access to all CONSULTANT records, data, statements,
and reports, which pertain to this Program. CONSULTANT shall
secure all necessary client and/or personnel release of information
forms to allow the program manager and others specifically
designated, in writing by the program manager to be afforded such
access. Access to clinical records will be coordinated with the
client, the Client’s representative and the CONSULTANT upon
reasonable request from the program manager. CONSULTANT is not
required to provide information, the disclosure of which is
expressly prohibited by California or Federal laws.
SECTION 7 ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
7.1 CONSULTANT shall appoint a fiscal agent who shall be
responsible for the financial and accounting activities of
CONSULTANT, including the receipt and disbursement of CONSULTANT
funds.
7.2. CONSULTANT shall appoint from its Board a treasurer
who shall review Financial Statements of CONSULTANT on a regular
basis.
7.3 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
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Services and Additional Services pertaining to the Program will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
.7.4 CONSULTANT shall provide for independint audit of
its fiscal year transactions, records, and financial reports at
least every two (2) years. The certified public accountant shall
sdbmit the report to both parties. The cost of this audit shall be
borne by CONSULTANT.
7.5 The originals of the deliverables prepared by or
under the direction of CONSULTANT in the performance of this
Contract will become the property of CITY irrespective of whether
the Program is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITYwithout additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by.
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 8. INDEMNITY
8.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 9. WAIVERS
9.1 The waiver by either party of any breach .or
violation of any covehant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent accePtance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
9.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
7990511 syn 13071618
SECTION I0.INSURANCE
I0.I CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
10.2 All insurance coverage required hereunder will be
provided through carriers with Pest’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
10.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subjech
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the City of Palo Alto is
named as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
10.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT,s liability
hereunder nor.to fulfill the-indemnification provisions of this
Contract. Notwithstanding .the policy or policies of insurance,
CONSULTANT will be ’obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION Ii WORKERS’ COMPENSATION
ii.i CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Program.
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SECTION 12 -TERMINATION OR SUSPENSION OF CONTRACT 0R
PROGRAM
12.1 The city manager may suspend the execution of the
Program, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
12.2 CONSULTANT may terminate this Contract or suspend
its execution of the Program by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Program.
12.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and deliverables received and
approved prior to receipt of written notice from CITY of suc~~
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Program is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
12.4 In the event of termination of this Contract or
suspension of work on the Program by CITY where CONSULTANT is not
in default, CONSULTANT will receive .compensation as follows:
12.4.1 . For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
12.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
12.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
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12.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
12.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis.of differences in
m~tters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
SECTION 13. ASSIGNMENT
13.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. An~
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 14. NOTICES
14.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
Copy to:Office of Human Services
City of Palo Alto
4000 Middlefield Road, T2
Palo Alto, CA 94303
To CONSULTANT: Attention of th~ program director
at the address bf CONSULTANT recited above
SECTION 15.CONFLICT OF INTEREST
15.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
15.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
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10
certifies that no one who has or will have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 16. NONDISCRIMINATION
16.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
C~ntract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
16.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the emp!oyment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
16.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cance! or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-fige dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
16.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract, CONSULTANT will be
found in material breach of this Contract. Thereupon, CITY will
have the power to cancel or suspend this Contract, in whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONSULTANT is not in compliance with this provision as damages for
breach of contract, or both.
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1!
SECTION 17.MISCELLANEOUS PROVISIONS
17.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
domply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
17.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
17.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law. ’~
17.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
17.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that action.
17.6 This document represents the entire and integrated
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or ora!. This
document may be amended only by a written instrument, which is
signed by the parties.
17.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
17.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
17.9 If a court of competent jurisdiction finds or rules"
that any provision Of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
17.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
990511 syn 0071618
12
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
17.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
17.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
C6de. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 17.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
III
III
III
III
III
III
III
III
III
III
III
III
990511 syn 0071618
13
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
ADOLESCENT COUNSELING
SERVICES, INC.
By: ~J~t~W~V~
Its:
APPROVED:
Director of Communz~Services
Director of Admin. Services
Taxpayer’s I.D. No. 51-0192551
APPROVED AS TO CONTENT:
Office oI HMman Services
Insurance Review
Attachments :
EXHIBIT "A" :
EXHIBIT "B":
EXHIBIT "C" :
EXHIBIT "D":
SCOPE OF PROGRAM SERVICES &TIME SCHEDULE
CONTRACT BUDGET
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
990511 syn 0071618
14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On ~o~_~ ~ /~ , before me, the undersigned, a
Notary Public/fn and.i-- for said~County and State, personally appeared
~-~/~i~-~iT--~, personally known to
m~or proved to me 4n-’~w-~the basis of satisfactory evidence to be the
person(~) whose name(~) is/a~-e subscribed to the within instrument
and acknowledged to me that he/s@~e~-executed the same in
his/~$-~-~ authorized capacity(i~), and that by his/~
signature,s@ on the instrument the person(~9, or the entity upon
behalf of which the person~) acted, executed the instrument.
WITNESS my hand and official seal.
nature of Notary Public
~ ~ Notary PuDlic - California z
] ~ Santa Clara County ~
990511 syn 0071618
15
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
On ~..~o~_~ ci/ /~ ~ ~, before me, the undersigned, a
Notary Publiq~n’an~ for s~id County and State, personally appeared
, personally known to
me or proved to me on the basis of satisfactory evidence to be the
person~) whose name(sO is/a~-~ subscribed to the within instrument
and acknowledged to me that h~/she/bhe~ executed the same in
hi-s/her/t~be4-r authorized capacity(-Le~), and that by hi-s/her/tg~e~i-r
signature~r) on the instrument the person(~, or the entity upon
behalf of which the person~) acted, executed the instrument.
WITNESS my hand and official seal.
Jignature of Notary Public
990511 syn 0071618
16
EXHIBIT "A"
ADOLESCENT COUNSELING SERVICES (ACS), INC.
On-Campus Counseling Program
1999-00 SCOPE OF PROGRAM SERVICES
PROGRAM SERVICES
II
CONSULTANT shall provide an On-Campus Counseling Program to make crisis
intervention and direct counseling services easily available to middle and high school
students and family members. CONSULTANT shall provide a Community Counseling
Program to coordinate on-site services, referral services and crisis counseling.
PROGRAM GOALS
1)To effectively address the emotional and developmental needs of adolescents and
their families.
2)
3)
To prevent and decrease the incidence of substance abuse, suicides, gang affiliation,
school dropout rates, and symptoms related to stress.
To help families cope with problems and increase students’ chances for academic
Success.
III
4)To expand outreach services to Latino youth and their families and other emerging
populations.
PROGRAM METHODS
1)Provide crisis intervention and direct counseling services at four secondary schools
in Palo Alto. Services shall be provided at Palo Alto High School, Gunn High
School, Jane Lathrop Stanford Middle School, and Jordon Middle School.
2)Provide three licensed and experienced mental health professionals as program
directors. Provide two bilingual/bicultural Latino Outreach Counselor to perform
direct counseling and liaison work at all four secondary school sites and in the
community.
3)Recruit, train and supervise ten graduate-level or post-graduate counseling interns to
work twenty hours per week at the four secondary school sites.
ACS 1Exhibit "A"
IV
4)
5)
6)
Group counseling sessions shall be co-facilitated by two agency interns, or by one
agency intern and one school staff member or another licensed professional.
Outreach services shall consist of individual and group counseling for students, after-
school workshops for parents and referrals to appropriate community services,
including recreation, employment training and placement, and mentoring.
7)
Site based prevention and early intervention services shall include individual, family
and support group counseling.
Provide two licensed men~al health professionals at Gunn and Palo Alto High
Schools to coordinate on-site services, referral services and crisis counseling.
s)Community Counseling program directors shall regularly attend meetings with
human service staff at all four school sites in order to discuss the needs of individual
students, as well as issues affecting the campus as a whole.
9)Maintain office space on campuses and provide necessary resources to maximize the
ability to provide direct crisis counseling and referral of students.
10)Provide individual and group crisis intervention within the four secondary schools,
working closely with school guidance staff and administrators to respond to needs
on in a timely and appropriate way.
11)Conduct a client survey to measure the impact of the program on clients’ behavior.
PROGRAM OBJECTIVES
1)
2)
3)
4)
5)
6)
7)
Provide counseling services to 400 Palo Alto students and their families.
Provide 1,700 individual and family counseling sessions.
Provide 185 group counseling sessions.
, Reach 150 Latino students and family members through outreach services.
Provide direct crisis counseling to 100 high school students and their parents.
Serve 450 high school students through prevention and early intervention.
Facilitate the identification and referral of 50 high school students to appropriate
community mental health providers.
ACS
Exhibit "A"
2
V
VI
VII
8)Provide referrals to On-Campus counseling program and early intervention to 230
high school students.
DELIVERABLES
1)
2)
TIME
Consultant shall provide quarterly activity reports relating to this Scope of Program
Services for the periods ending September 30, 1999, December 31, 1999, March 31,
2000, and June 30, 2000, within fifteen days after these dates.
Each report shall cover the preceding quarter and other such information as the
Program Manager may request. The final report shall focus on the preceding quarter,
but also shall provide information on contract services for the entire year. Each
report shall be prepared in the form agreed upon by the Program Manager and the
Consultant.
Provide a copy of client survey and a summary of survey results.
SCHEDULE
Services shall commence on July 1, 1999 and continue through June 30, 2000.
Quarterly progress reports, shall be completed and submitted to the City on the fifteenth
day after each quarter.
REQUIREMENTS
The City of Palo Alto requires mention of its name in all materials that acknowledge
donors in any public announcements or publicity regarding funded programs.
CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990.
ACS
Exhibit "A"
3
EXHIBIT "B"
ADOLESCENT COUNSELING SERVICES, INC
On-Campus Counseling Program
1999-00 CONTRACT BUDGET
SALARIES
INSURANCE
AUDIT
RENT AND UTILITIES
MAINTENANCE AND REPAIR
PHONE
STAFF DEVELOPMENT AND TRAINING
TRAVEL AND MEETINGS
INFORMATION AND TECHNOLOGY
EQUIPMENT
OFFICE SUPPLIES AND MATERIALS
271,574
241
8,011.
4,382
143
2,973
193
3,117
88,302
308
254
563
PRINTING AND PUBLISHING 4,310 810
DIRECT SUBSIDY
OTHER 113 42
EXHIBIT C 1 of 2
CERTIFIC.ATE.OF :lABIlITY- INSURANCEoP,,
In=u=cncc by Allied Brokers-1
630 Cowper Strc=t
Palo ~Ito C~ 94301
Honry J. Deeken
~..N~ 650-328-1000 F,<No 650-324-1142
Adolescent Counseling
4000 ~ddlefield Rd.¥-H
Palo Alto CA 94303
06/10/99
THIS CERTIFICATE IS
ONLY AND CONFERS NO RIG.S UPOH THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, ~END OR
AL~R THE COVEg~GE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFOROING COV£RAGE
~PANY
A First ~ational Insur~ce Co.
THIS 1~ TO C=R]3FY THAT THE POL~IE3 OF D~UP~NC= L~T~O SELoW HAVE BSSN 3~U~6 ~ Y~ I’N~’0~&D ~lk~D X&oV~ ~oR ~’~LIcY P~D
IN~T~D, NO~IT~TANDI~ A~ ~QUIREMENT, ~ OR ~NDE~N OF ~Y CO~CT OR OTHER ~CUM~NT W{TH REEPECT TO ~N~CH THIS
CP7754798E 07/01/99 07/01/00
LP7754798E
BA 7754798E 07/01/99
o71oiioo
07/01/00
PHDO104145 04/27/99 04/27/00
FJi, CH AC-.CIO~NT I 5
AOORE~3 ATE I $
EACH ~CUR~ENCE I ~
AGG~OA~~ ~
~D:~ . POLICY LIMIT ,
Li~t $I,000 , 000
Kehention $5,000
CITY OF PALO ALTO &
PALO ALTO L~IFIED SCHOOL DIST
P o BOX 10250
PALO ALTO CA 94303
ACORD 2~S (1P35) : ~ ....":’:" , ,: . :’’1 "’.’ ’.’: :; "’.’ ":, !’.:.,;’i’:’
DAYS ?~N NONCE TO THE CERT~RCATE ~LC~R ~MEO TO ~ £ LE~,
F~LUR5 TO M~L SUCH ~;QT~E S~=LL P,~PO~ NO ~LIGA~ON OR L~L~
EXHIBIT C 2 of 2
ACORD. CERTIFICATE OF
PROOUCER
501(c) Insurance Programs, Inc
280 Second Street, Suite 220
Los Altos CA 94022
Dennis Costa, CPCU
Phone N0 800-442-4867 Fa~No 800-449-8563
INSURED
LIABILITY INSURANCE OSR JB O.’,E,,,’.,DO’,’,,
ACS0003 06/30/98
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER¯ THIS CERTIFICATE DOES blOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A TIG Premier Insurance
COMPANY
B
COMPANYc
COMPANY
D
Adolescent Counseling Services
Sue Barkhurst
4000 Middlefield Rd., FH
Palo Alto CA 94303
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
IHOICATEO, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF At’IY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR &lAY PERTAIN. THE INSUF~NCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co iLTR ;TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
,, CLAIMS MADE OCCUR
!OWNER’S & COHTRACTOR’S PROT
AUTOMOBILE LIABILITY
~--’] ANY AUTO
AUTOS
i SCHEDULED AUTOSL__
I HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY~ANY AUTO
,
EXCESS LIABILITY
.__J UMBRELLA FORM
! OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS’ LIABILITY
A THE PROPRIETOR]
PARTNERSIEXECUTIVE
OFFICERS ARE:
OTHER
I---"~,~NCL i WCG80585691
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONDATE (MM/DO/YY) DATE (MM;DOfYY)
DESCRIPTION OF OPERATIO,*IS/LOCATIOI’ISIVEHICLESISPECIAL ITEMS
o7/oz/98 07101199
LIMITS
GENERAL AGGREGATE
¯ PRODUCTS - COMPIOP AGG
PERSOHAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one I~re)
MED EXP (Any one person)
COMBINED SINGLE LIMIT
BODILY INJURY
(Per r. erson)
BOOILY INJURY
(Per a,:c~dent)
PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
WC STATU- :X TORY LIMITS
ELE,~CH ACCIDENT
ELOISEASE. POLICY LIMIT
ELO’SEASE - EA EMPLOYEE
IS
~ ER’
ISl,000,000
!Sl,000,000
’$I,000,000
RECEIVED
JUL 0 6 1998
CERTIFICATE HOLDER CANCELLATION
Office of HumanServices
City of Palo Alto
Human Service Division
Attn: Cathy Espinosa-Howard
4000 Middlefield Rd.
Palo Alto CA 94303
ACORD 25-S (1/95)
CPADCS-SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSU~hG COMPANY WILL ENDEAVOR TO MAIL
3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER ~’IAMED TO THE LEFT,
BUT FAILURE TO MAIL SIJCH NOTICE Sr~ALL IMPOSE rio OBLIGATION OR LIABILITY
OF AIqY I’tltlO UPON THE COMPANY. ITS ~- SEI’ITS OR REPRESEHTATIVES
AUTHORIZED REPRESEHTATI’/E
~’~.1/~ ~Dennis Costa, CPCU
"’ ACORD COP, PORATION 19~
EXHIBIT "D"
Form 410
Program/Project" On-Campus Counseling Program
Certification of Nondiscrimination: As suppliers of goods or
services to the City of Palo Alto, the firm and individuals listed
below certify that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry,
disability, or sexual preference; that they are in compliance with all
Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Agency: Adolescent Counseling Services
Title of Officer Signing:
Signature"Date"
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
AVENIDAS, INC.
FOR CONSULTING SERVICES
This Contract No. is entered into ,
by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
AVENIDAS, INC., a corporation duly organized and existing under the
Nonprofit Corporation Law of the State of California, located at
450 Bryant Street, Palo Alto, CA 94301 ("CONSULTANT").
RECITALS:
WHEREAS, CITY desires to obtain the provision of senior
services ("Program"), as more fully described in Exhibit "A"; and
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Program on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions~of this Contract, the parties agree:
SECTION I. TERM
i.i This Contract will commence on July i, 1999 and will
terminate on June 30, 2000, unless this Contract is earlier
terminated by CITY. Upon the receipt of CITY’s notice to proceed,
CONSULTANT will commence work on the initial and subsequent Program
tasks in accordance with the time schedule set forth in Exhibit
"A". Time is of the essence of this Contract. In the event that
the Program ±s not completed within the time required through any
fault of CONSULTANT, CITY’s city manager will have the option of
extending the time schedule for any period of time. This provision
will not preclude the recovery of damages for delay caused by
CONSULTANT.
SECTION 2.
CORRECTIONS
SCOPE oF PROGRAM SERVICES;CHANGES &
2.1 The scope of Services constituting the Program will
be performed, delivered or executed by CONSULTANT under the phases
of the Basic Services as described below.
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, or the Program, either decreasing
or increasing the amount of work required of CONSULTANT. In the
event that such changes are ordered, subject to the approval of
CITY’s City Council, as ~ay be required, CONSULTANT will be
entitled to full compensation for all work performed prior to
CONSULTANT’s receipt of the notice of change and further wil! be
990621 syn 0071619
1
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
SECTION 3. QUALIFICATIONS, STATUS, AND DUTIES OF
CONSULTANT
3.1 CONSULTANT represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONSULTANT further represents and warrants
that the program director and every individual, including any
consultant, charged with the performance of the Services are duly
licensed or certified by the State of California, to the extent
such licensing or certification is required by law to perform the
Services, and that the Program will be executed by them or under
their supervision.
3.2 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Program.
3.3 CONSULTANT will assign a single program director to
have supervisory responsibility for the performance, progress, and
execution of the Program. The program director will represent
CONSULTANT during the day-to-day work on the Program. If
circumstances or conditions subsequent to the execution of this
Contract cause the substitution of the program director, the
CONSULTANT shal! notify the program manager of such a change.
3.4 CONSULTANT represents and warrants that it will:
3.4.1.Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Program;
3.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’s
performance of the Services;
3.4.3 At all times observe and comply with, and cause
its employees and consultants, if any, who are assigned to the
p~rformance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.4.4 Will report immediately to the program manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to the deliverables.
990621 syn 0071619
3.5 Any deliverables given to, or prepared or assembled
by, CONSULTANT or its consultants, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization by CONSULTANT or its consultants, if
any, without the prior written approval of the city manager.
3.6 CONSULTANT will provide CITY with two (2) copies of
any documents which are a part of the deliverables upon their
completion and acceptance by CITY.
3.7 If CITY requests additional copies of any documents
which are a part of the deliverables, CONSULTANT will provide such
additional copies and CITY wil! compensate CONSULTANT for its
duplicating costs.
3.8 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Program. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for their
performance.
3.9 In the execution of the Program, CONSULTANT and its
consultants, if any, will~ at al! times be considered independent
contractors and not agents or employees of CITY.
3.10 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.10.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.10.2 Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.10.3 Performing any other Additional Services that
may be agreed upon by the parties subsequent to the execution of
this Contract; and
3.10.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.11 CONSULTANT will be responsible for employing
all consultants deemed necessary to assist CONSULTANT in the
performance of the Services. CONSULTANT shall be responsible for
the performance of its consultants or subcontractors in fulfilling
the provisions of this contract.
3.12 CONSULTANT shall coordinate its services with
other existing organizations providing similar services in order to
foster community cooperation and to avoid unnecessary duplication
of services.
990621 syn 0071619
3.13 CONSULTANT shall seek out and apply for other
sources of revenue in support of its operation or services from
county, state, federal and private sources. Unless deemed
inappropriate by the program manager, CITY shall support CONSULTANT
in its search of grants, funding, or other income by serving as a
sponsoring agency, by providing letters of support, or by rendering
advice on application for grants.
3.14 CONSULTANT shall include an acknowledgment of
CITY funding and support in all appropriate publicity or
publications regarding its programs and services using words to the
effect that "services are provided in cooperation with the City of
Palo Alto" or "through City of Palo Alto funding" as approved by
the program manager.
3.15 Throughout the term of this Contract,
CONSULTANT shall remain an independent, nonprofit corporation under
the laws of California governed solely by a Board of Directors,
with up-to-date bylaws. CONSULTANT shall operate by its Bylaws.
Any changes in CONSULTANT’s Articles of Incorporation, Bylaws, or
tax-exempt status shall be reported by CONSULTANT immediately to
the Program Manager.
3.16 The Board of Directors of CONSULTANT shall
include representation from the broadest possible cross section of
the community including: those with expertise and interest in
CONSULTANT’s services, representatives from community
organizations, and users of CONSULTANT’s services.
3.17 CONSULTANT shall keep minutes of all regular
and special meetings of its Board of Directors.
SECTION 4. DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Program as may be reasonably
requested by CONSULTANT.
4.2 CITY will review and approve, as necessary, in a
timely manner the deliverables and each phase of work performed by
CONSULTANT. CITY’s estimated time of review and approval will be
furnished to CONSULTANT at the time of submission of each phase of
work. CONSULTANT acknowledges and understands that the
interrelated exchange of information among CITY’s various
departments makes it extremely difficult for CITY to firmly
establish the time of each review and approval task. CITY’s
failure to review and approve within the’estimated time schedule
will not constitute a default under this Contract.
4.3 The city manager will represent CITY for all
purposes under this Contract. The Administrator for the Office of
Human Services is designated as the program manager for the city
manager. The program manager will supervise the performance,
990621 syn 0071619
progress, and execution of the Program, and will be assisted by the
Management Assistant for the Office of Human services.
.4.4 In the event CITY should determine from any
identifiablesource, including but not limited to reports submitted
by CONSULTANT under this contract or any evaluation report from any
identifiable source, that there is a condition which requires
correction, CITY may forward to CONSULTANT requests for corrective
action. Such requests shall indicate the nature of the issue or
.~ssues which are to be’ reviewed to determine the need for
corrective action and may include a recommendation as to
appropriate corrective action. Within thirty (30) days of CITY’s
request, CONSULTANT shall submit its response, which shall include
its views of the problem and proposed action, if any. Upon request
of either party, the parties shall meet to discuss any such request
and response within the thirty-day period specified.
SECTION 5 COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 In consideration of the full performance of the
Basic Services, including any authorized reimbursable expenses,
CITY will pay CONSULTANT a fee not to exceed Four Hundred Twenty
Thousand Six Hundred Twenty-Three Dollars ($420,623.00). The
amount of compensation will be calculated in accordance with the
schedule set forth in Exhibit "B". The quarterly payment schedule
wil! be calculated in accordance with the schedule set forth in
Exhibit "A", Section VII. On the billing form provided by CITY,
CONSULTANT shall submit a bill by the fifteenth (15th) working day
of the following month for services provided under this Contract
during the preceding three months. The bill shall specify actual
expenditures directly related to this Contract as follows, in
accordance with Exhibit "B". The fees of the consultants, who have
direct contractual relationships with CONSULTANT, will be approved,
in advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTAIqT.
Notwithstanding the foregoing limitations, the City
Manager shall have the authority to approve payments by the CITY
to CONSULTANT under this contract in advance of CONSULTANT’s
incurred expenditures; provided, however, (I) any request by
CONSULTANT for such advance payment must be made during the months
of July, August or September during the term of this Contract; (ii)
such~advance payment must be made from the central administration
fund; and (iii) CONSULTANTS’s need for such advance payment shall
be supported to the satisfaction of the CITY’s Director of
Administrative Servides; and further provided, however, that total
advance payment under this Contract may not exceed One Hundred Five
Thousand One Hundred Fifty-six Dollars ($105,156.00).
5.1.2 The full payment of charges for extra work or
changes,or both, in the execution of the Program will be made,
provided such request for payment is initiated by CONSULTANT and
990621 s)’n 0071619
authorized, in writing, by the program manager. Payment will be
made within thirty (30 days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitat’ion, any design work or
change order preparation, which is made necessary on account of
CONSULTANT’s errors, omissions, or oversights.
5.1.3 Direct personnel expense of employees assigned
to the execution of the Program by CONSULTANT will include only the
work and other documents pertaining to the Program, and in services
rendered during the program to the extent -such services are
expressly contemplated under this Contract. Included in the cost
of direct personnel expense of these employees are salaries and
mandatory and customary benefits such as statutory employee
benefits, insurance, sick leave, holidays and vacations, pensions
and similar benefits.
5.2 The schedule of payments will be made as follows:~
5.2.1 Payment of the Basic Services will be made in
quarterly progress payments in proportion to the quantum of
services performed, or in accordance with any other schedule of
payment mutually agreed upon by the parties, as set forth in
Exhibit "B", or within thirty (30) days of submission. Final
payment will be made by CITY after CONSULTANT has submitted all
deliverables and reports, including, without limitation, reports
which have been approved by the program manager.
5.2.2 No deductions will be made from CONSULTANT’s
compensation on account of penalties, liquidated damages, or other
sums withheld by CITY from payments to general contractors°
SECTION 6.PROGRAM RECORDS
Upon reasonable notice, CONSULTANT shall grant the
program manager access to all CONSULTANT records, data, statements,
and reports, which pertain to this Program. CONSULTANT shal!
secure all necessary client and/or personnel release of information
forms to allow the program manager and others specifically
designated, in writing by the program manager to be afforded such
access. Access to clinical records will be coordinated with the
client, the client’s representative and the CONSULTANT upon
reasonable request from the program manager. CONSULTANT is not
required to provide information, the disclosure of which is
expressly prohibited by California or Federal laws.
SECTION 7. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
7.1 CONSULTANT shall appoint a fiscal agent who shall be
responsible for the financial and accounting activities of
CONSULTANT, including the receipt and disbursement of CONSULTANT
funds.
990621 syn 13071619
7.2. CONSULTANT shall appoint from its Board a treasurer
who shall review Financial Statements of. CONSULTANT on a regular
basis.
7.3 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additiona! Services pertaining to the Program will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
tO CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
7.4 CONSULTANT shall provide for independent audit of
its fiscal year transactions, records, and financial reports at
least every two (2) years. The certified public accountant shall
submit the report to both parties. The cost of this audit shall be
borne by CONSULTANT.
7.5 The originals of the deliverables prepared by or
under the direction of CONSULTANT in the performance of this.
Contract wil! become the property of CITY irrespective of whether
the Program is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilizeany final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 8. INDEMNITY
8.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, consultants’ or employees’ negligent acts,
errors, or omissions, or willfu! misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract.
SECTION 9. WAIVERS
9.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condihion,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
990621 syn 0071619
7
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
9.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION I0. INSURANCE
I0.i CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C"
insuring not only CONSULTANT and its consultants, if any, but also,
with the exception of workers’ compensation, employer’s liability
and professional liabilitY insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
10.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Ratinq Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all consultants of CONSULTANT~
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
10.3 Certificates of such insurance, preferably on the
form~ provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the City of Palo.Alto is
named as an additional insured except in policies of workers’
compensation,, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
10.4 The procuring of such required policy or policies
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and total amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss a[ising after the Contract is terminated or
the term has expired]
SECTION Ii. WORKERS’ COMPENSATION
ii.I CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
990621 syn 0071619
8
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Program.
PROGRAM
SECTION 12 -TERMINATION OR SUSPENSION OF CONTRACT OR
12.1 The city manager may suspend the execution of the
Program, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services., Upon receipt
of such notice, CONSULTANT will immediately discontinue its
performance under this Contract.
12.2 CONSULTANT may terminate this Contract or suspend
its execution of the Program by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation.
or continuation of Basic Services or the execution of the Program.
12.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additiona! Services performed and deliverables received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Program is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT’s compensation will be subject to renegotiation and, if
necessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
12.4 In the event of termination of this Contract or
suspension of work on the Program by CITY where CONSULTANT is not
in default, CONSULTANT will receive compensation as follows:
12.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
12.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service actually rendered bears to the services necessary for the
full performance of that item of service.
990621 syn 13071619
12.4.3 The total compensation payable under the
preceding paragraphs of this Section will not exceed the payment
specified under Section 5 for the respective items of service to be
furnished by CONSULTANT.
12.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and al! copies of
the deliverables, whether or not completed, prepared by CONSULTANT
or its consultants, if any, or given to CONSULTANT or its
consultants, if any, in connection with this Contract. Such
materials will become the property of CITY.
12.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONSULTANT to fulfil! its obligations under this Contract.
SECTION 13 ASSIGNMENT
13oi This Contract is for the personal services .of~
CONSULTANT, therefore, CONSULTANT. will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment Will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 14.NOTICES
14.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
Copy to:Office of Human Services
City of Palo Alto
4000 Middlefield Road, T2
Palo Alto, CA 94303
To CONSULTANT: Attention of the program director
at the address of CONSULTANT recited above
SECTION 15. CONFLICT OF INTEREST
15.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
990621 syn 0071619
10
conflict in any manner or degree with the performance of the
Services.
15.2 CONSULTANT further covenants that~ in the
performance of this Contract, it will not employ contractors or
persons having such an interest mentioned above. CONSULTANT
certifies that no one who has or wil! have any financial interest
under this Contract is an officer or employee of CITY; this
provision will be interpreted in accordance with the applicable
provisions of the Palo Alto Municipal Code and the Government Code
of the State of California.
SECTION 16.NONDISCRIMINATION
16.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of persons under this
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet al!
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
16.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
nationa!, origin, ancestry, religion,
disability, sexual preference or gender of
such person."
16.3 If CONSULTANT is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach 6f contract, or both. Only
a finding of the State of California Fair ~Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
16.4 If CONSULTANT is found in default of the
nondiscrimination provisions of this Contract, CONSULTANT will be
990621 syn 0071619
11
found in material breach of this Contract. Thereupon, CITY will
have the power to cance! or suspend this Contract, in whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONSULTANT is not in compliance with this provision as damages for
breach of contract, or both.
SECTION 17.MISCELLANEOUS PROVISIONS
17.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
17.2 Upon the agreement of the parties, any controversy
or claim arising out of or ~relating to this Contract may be settled
by arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
17.3 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
17.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
17.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ f@es expended in
connection with that action.
17.6 This document represents the entire and integrated.
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
17.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions°
17.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and consultants, as the case
may be, of the parties.
17.9 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
990621 syn 0071619
12
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
17.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
17.11 This Contract may be executed in any number of
bounterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
17.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any.time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 17.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED:
~4
~Assistant City~IManager ~2
Director of ]T~mmunity -Services
AVENIDAS INC
By:
Its:
By:
Its:
Taxpayer’s I.D. No. 94-1480548
APPROVED AS TO CONTENT:
Director of Admin. Services
Human Services
990621 syn 0071619
13
Insurance Review
Attachments:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
SCOPE OF PROGRAM SERVICES &TIME SCHEDULE
CONTRACT BUDGET
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
990621 syn 0071619
14
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF ~ ~~_~)
) SS.
On ~2_/. /qq? , before me, the undersigned, aN~tary Publi~ ~n and fo~ said County and State, personally appeared
, personally known to
me or ~oved t~ ~ o~ the basis of_s=qid_siEactory evidence to be the
person(~ whose name(~} is/a~ subscribed to the within instrument
and acknowledged to me that h~she/th~ executed the same in
h~/her/th~r authorized capacity(iJ~i), and that by hitCher/their
signature(~] on the instrument the person(~., or the entity upon
behalf of which the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
Signature of otar
~ ~ MyCornm.F_xpiresApr4.2003~~ .......~RTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF
COUNTY OF
On .~ e2.~, /~g , before me, the undersigned, a
Notary Public {n and_for’said County and State, personally appeared
~~u~_~ ~. ~2_~_ , personally known to
me or_proved to me on th6~basis of satisfactory evidence to be the
person~ whose name(]~-~s/a~e~ubscribed to the within instrument
and acknowledged to me that he/s~!th4~y executed the same in
his/h~/tin%ir authorized capacity(~_s), and that by his/bkem/th~ir
signature]~ on the instrument the person(~@., or the entity upon
behalf of which the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
MAURA L. MOREY
Commission # 1215043
Notary Public - Califamia
Santa Clara County
My Comm. ExDires Apt 4, 2003
990621 syn 0071619
Signature of Notary Public
15
II
EXHIBIT "A"
AVENIDAS, INC.
Senior Services
1999-00 SCOPE OF PROGRAM SERVICES
PROGRAM SERVICES
CONSULTANT shall provide services to the elderly and their families and caregivers
through enrichment and individual and family services.
PROGRAM GOALS
A CENTRAL ADMINISTRATION
[]To provide leadership, planning, coordination and services in order to promote
and enhance the health, independence and well being of seniors in the Palo Alto
area.
[] To identify and address the interests and needs of seniors and caregivers.
B ENRICHMENT SERVICES
[] To support seniors in maintaining or improving health and physical fitness.
[]To support seniors in achieving greater life satisfaction and in remaining active
contributors to the community.
C INDIVIDUAL & FAMILY SERVICES
To assist seniors in achieving good emotional health and greater life satisfaction
by providing tools through which seniors may successfully cope with issues of
aging.
[]To assist seniors in maintaining personal independence enabling them to remain
in their own homes.
[]To assist caregivers in their efforts to remain involved in the care of less
independent older adult family members.
Avenidas
Exhibit "A"
III PROGRAM METHODS
A
B
CENTRAL ADMINISTRATION
1)
C
2)
Raise funds to leverage the support provided by the City of Palo Alto and to
insure the continuation of senior and caregiver services that already exist.
Utilize the services of volunteers to provide services to participants and
clients and to assist with administrative support tasks.
ENRICHMENT SERVICES
1)Provide weekly academic, health and fitness courses to facilitate intellectual
and physical stimulation and to provide opportunity for new skill building
such as computer use.
2)Provide a wide variety of lectures to broaden perceptions and to cultivate
ideas.
3)Provide entertainment, fellowship, and information exchange at special
events, bingo and bridge games, dances, concerts and other recreational
activities.
4)Provide health maintenance screenings including audiology, dentistry, skin
cancer, vision/glaucoma, podiatry, blood pressure and mammography.
5)Provide access to information about health and wellness through The Health
Library of Avenidas.
6)Facilitate one-to-one counseling services through scheduling, coordination,
and providing meeting space.
7)Provide information and referral to seniors, family members and service
providers.
INDIVIDUAL & FAMILY SERVICES
1)Provide case management that include assessment, care planning, and service
arrangements to seniors and frail homebound seniors.
2)Provide emotional support to seniors through support groups facilitated by a
masters level social worker.
Avenidas
Exhibit "A"
2
IV
3)
4)
5)
6)
7)
8)
Provide consultations to caregivers for practical advice, linkage to community
resources and emotional support.
Provide emotional support to caregivers through monthly support groups
facilitated by social work staff.
Provide emotional and practical support to homebound seniors through
trained volunteers.
Provide brief resource counseling and practical support to clients through
person-to-person or telephone sessions.
Develop and maintain linkages with local senior housing facilities through
regular site visits.
Provide counseling, referral or enrollment into adult day health services for
individuals and their families who are in search of assistance for less
independent older adults.
PROGRAM OBJECTIVES
A CENTRAL ADMINISTRATION
B
1)Utilize the services of 200 volunteers for a total of 14,500 hours.
ENRICHMENT SERVICES
1)
3)
4)
5)
6)
7)
8)
Provide 125 courses to 1,250 registrants
Provide 56 lectures to 2,400 attendees
Provide 200 activities to 3,500 attendees
Provide 1,200 health maintenance screenings
Provide 1,000 annual influenza immunizations
Provide services to 1,200 patrons of The Health Library of Avenidas
Provide 500 one-to-one counseling service sessions
Respond to 15,000 requests for information and referral
Avenidas
Exhibit "A"
C INDIVIDUAL AND FAMILY SERVICES
1)
2)
3)
4)
5)
6)
7)
8)
Provide case management to 50 seniors and frail homebound seniors
Provide support groups to 625 attendees
Provide 100 consultations to caregivers
Provide monthly caregiver support groups to 150 attendees
Provide 400 hours of emotional and practical support to homebound seniors.
Provide 700 sessions of brief resource and housing counseling and practical
support to clients
Conduct 50 regular site visits to local senior housing facilities
Provide 2,400 days of adult day health services to less independent older Palo
Alto adults.
9)
10)
Provide adult day health services to 40 Palo Alto residents.
Provide counseling, referral or enrollment into adult day health services, for
300 individuals and their families
11)
12)
13)
Serve 130 Palo Alto residents with counseling and referral support through
adult day health services.
Provide 500 home repair services for Palo Alto senior residents.
Provide repair services to 120 Palo Alto senior residents not previously
served.
V
14) Provide 150 subsidized repair jobs to low income seniors.
DELIVERABLES
1)Consultant shall provide quarterly activity reports relating to this Scope of Services
for the periods ending September 30, 1999, December 31~ 1999, March 31, 2000 and
June 30, 2000 within fifteen days after these dates. An additional summary activity
report shall be submitted on June 1, 2000 for reimbursement verification purposes.
Avenidas
Exhibit "A"
2)Each report shall cover the preceding quarter and other such information as the
Program Manager may request. The final report shall focus on the preceding quarter,
but shall also provide information on contract services for the entire year. The
additional summary report shall cover the period for the entire contract period up to
the date prior to submission. Each report shall be prepared in the form agreed upon
by the Program Manager and the Consultant.
3)Provide an updated Senior Home Repair Service brochure and client rate and
discount schedule.
VI TIME SCHEDULE
[] Services shall commence on July 1, 1999 and continue through June 30, 2000.
[]Quarterly progress reports shall be completed and submitted to the City on the fifteenth
day after each quarter.
An additional summary "activity report shall be completed and submitted to the City by
June 1, 2000 for reimbursement verification purposes.
VII REIMBURSEMENT SCHEDULE
Consultant shall submit reimbursement requests in accordance to the Contract Budget,
Exhibit B, for the periods ending September 30, 1999, December 31, 1999, March 31,
2000, and June 30, 2000.
The reimbursement request for the period ending September 30, 1999 shall be submitted
by July 1, 1999. The reimbursement request for the period ending December 31, 1999
shall be submitted by October 1, 1999. The reimbursement request for the period ending
March31, 2000 shall be submitted by January 1, 2000. The final reimbursement request
for the period ending June 30, 2000 shall be submitted by June 1, 2000.
The final reimbursement payment shall be made upon completion of ninety percent of
contract activities. Each reimbursement request shall be prepared in the form agreed upon
by the Program Manager and the Consultant.
VIII REQUIREMENTS
[]The City of Palo Alto requires mention of its name in all materials that acknowledge
donors in any public announcements or publicity regarding funded programs.
[]CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990.
Avenidas
Exhibit "A"
EXHIBIT "B"
AVENIDAS, INC.
Senior Services
1999-00 CONTRACT BUDGET
SALARIES/BENEFITS/PAYROLL TAX
INSURANCE
AUDIT
RENT AND UTILITIES
MAINTENANCE AND REPAIR
PHONE
CONTRACTORS (DIRECT SUBSIDY)
STAFF DEVELOPMENT AND TRAINING
TRAVEL AND MEETIN. GS
INFORMATION AND TECHNOLOGY
EQUIPMENT
OFFICE SUPPLIES AND MATERIALS
390,875
7,195
5,000
11,000
.1,659,507
66,609
12,990
22,161
63,400
17,340
166,200
17,200
3,130
14,300
8,750
54,650
29,550
165,565
117,036
PRINTING AND PUBLISHING 6,553
3IRECT SERVICES
OTHER -
CA License # 0243213
250 Cambridge Ave, Suite 300
Palo Alto, CA 94306-0190
A~n: Betty Siller
INSURED
Avenidas
450 Bryant Street
Palo Alto, CA 94301
Ext: 676
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY Gallagher Hef fe r-nan****
A
COMPANY
B
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,’ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE POLICY EXPIRATION .LTR "DATE (MM/DD/YY)¯DATE (MM/DDPfY) .LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE i X . OCCUR". ......660426X5797OWNER’S & CONTRACTOR’S PROT ;
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEOULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
, GARAGELIABILITY
ANYAUTO
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS’ LIABIUTY
THE PROPRIETO~"’"’"’:INCLPARTNERS/EXECUTIVE
OFFICERS ARE:EXCLI
OTHER
07/01/1999 07/01/2000
¯ GENERAL AGGREGATE $2 000 000
¯ PRODUCTS - COMP/OP AGG $1 000, 000
PERSONAL & AOV INJURY $1 000 000
EACH OCCURRENCE $1,000,000
¯MED EXP (Any one person)$5 , 000
: COMBINED SINGLE LIMIT $
BODILY INJURY
i (Per person) $
BODILY INJURY¯ (Per accident)$
: PROPERTY DAMAGE $
¯AUTO ONLY - EA ACCIDENT
EACH ACCIDENT $
AGGREGATE $
¯EACH OCCURRENCE $
AGGREGATE
.$
~TORY LIMITS i ~ ER ": ~÷’:"..~’:: -ii’i’iii .~.i~"’i-:-.. ":~:-:’
: EL EACH ACCIDENT $
-EL DISEASE - POLICY LIMIT
¯EL DISEASE - EA EMPLOYEE ’ $
DESCRIPTION OF OPERA~ONSILOCATIONSNEHICLE~SPECIAL ITEMS
~ertificate holder is named as an additional insured but only
~ark on July 22, 1999, by named insured for agency picnic.
as respects use of facilities at
SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Park Reservations, City of Palo Alto ~0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Lucie Stern Center
Attn : Roxanne BUT FAILURE TO MAIL SUCH NOTICE SNALL IMPOSE NO OBUGATION OR LIABILITY
~30S Niddlefield Road OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTA~VES.
Pal o Al to, CA ¯94301 AUTHORLZEDREPRESEN.TATIVE /~.~ , _
Betty Siller ~/j/._~ ¢~_.t~
SUPERIOR NATIONAL"
EXHIBIT C
WORKERS’ COMPENSATION &
EMPLOYERS’ LIABILITY INSURANCE POLICY
RENEWAL CERTIFICATE
2 of
IN CONSIDERATION of payment of the premium, it is agreed that the expiring policy is renewed for the policy period
stated below. THIS RENEWAL policy is subject to all of the terms of the expiring policy as of its date of expiration,
except as otherwise specified herein.
R~=NEWAL OF: WDN 39303-B POLICY NUMBER: WDN 39303-C
1.INSURED: ENTITY: CORPORATION
SENIOR COORDINATING COUNCIL OF THE PALO ALTO AREA, INC.
[SEE NAME INSURED ENDORSEMENT]
450 BRYANT STREET
PALO ALTO CA 94301
PRODUCER:
FLINN, GRAY & HERTERICH
3600 W. BAYSHORE ROAD, SUITE 200
PALO ALTO CA 94303
LOCATION(S):701 E, MEADOW
PALO ALTO CA 94301
2. POLICY PERIOD
The policy period is from 07/01/98 to 07/01/99 12:01 AM STANDARD TIME.
3. COVERAGE
This policyincludesthese endorsementsandschedulesasofthe effectivedate ofthisrenewalce~ificate:
WC-I- 100-A107 111 124 129 133 136 137 184 190 195 196 200 208
4. PREMIUM
SEE ATTACHED EXTENSION SCHEDULE
TOTAL ESTIMATED ANNUAL PREMIUM
MINIMUM PREMIUM
DEPOSIT PREMIUM
PREMIUM ADJUSTMENT PERIOD:
$16699
$864
$1312
SEMI-ANNUALLY
ON:07/09/98 BY:
AUTHORIZED REPRESENTATIVE
WC-I-201A (10/95)
EXHIBIT "D"
Form 410
Program/Project: Senior Services
Certification of Nondiscrimination: As suppliers of goods or
services to the City of Palo Alto, the firm and individuals listed
below certify that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry,
disability, or sexual preference; that they are in compliance with all
Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Agency: Avenidas
Title of Officer Signing:
Signature’Date:
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
PALO ALTO COMlql]NITY CHILD CARE, INC.
FOR CHILD CARE SUBSIDY PROGRAIM
This Contract No.is entered intoby and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and PALO
ALTO COMMUNITY CHILD CARE, INC., a corporation duly organized and
existing under the Nonprofit Corporation Law of the State of
California, located at 3990 Ventura Court, Palo Alto, CA 94301
("CONSULTANT").
RECITALS:
WHEREAS, CITY recognizes the continuing needs for child
care services for all ihose persons who live in the City of Palo
Alto; and
WHEREAS, in response to the need for subsidized child
care services, CITY desires to support the coordination and
operation of a child care subsidy program; and
WHEREAS, CONSULTANT’s services hereunder shall include
the administration of a child care subsidy program (hereinafter the
"Program") and the provision of subsidized child ,care services
under the program at PALO ALTO COMMUNITY CHILD CARE CENTERS and
CONSULTANT’S affiliate centers ("Affiliate Centers"). The Program
shall be provided in accordance with the specifications set forth
in the document entitled "SUBSIDY PROGRAM SPECIFICATIONS," which is
attached hereto as Exhibit "B" (with its Attachments i-~) and made
a part hereof by this reference.
WHEREAS, CITY desires to engage CONSULTANT, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing the Services, and
CONSULTANT has offered to complete the Program on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agree:
SECTION I. TERM
i.I This Contract will commence on July I, 1999 and will
terminate on June 30, 2000, unless this <ontract is earlier
terminated by CITY. Upon the receipt of CITY’s notice to proceed,
CONSULTANT will commence work on the initial and Subsequent Program
tasks in accordance with the time schedule set forth in
Exhibit "A". Time is of the~essence’of this Contract. In the
event that the Program is not completed within the time required
through any fault of CONSULTANT, CITY’s city manager will have the
option of extending the time schedule for any period.of time. This
provision will not preclude the recovery of damages for delay
caused by CONSULTANT.
990601 syn 0071620
SCOPE OF PROGRAM SERVICES;CHANGESSECTION 2.
CQRRECTIONS
2.1 The scope of Services constituting the Program will
be performed, delivered or executed by CONSULTANT under the phases
of the Basic Services as described below.
2.2 CITY may order substantial changes in the scope or
character of the Basic Services, or the Program, either decreasing
or increasing the amount of work required of CONSULTANT. In the
event that such changes are ordered, subject to the approval of
~ITY’s City Counci!, as may be required, CONSULTANT will be
entitled to full compensation for all work performed prior to
CONSULTANT’s receipt of the notice of change and further will be
entitled to an extension of the time schedule. Any increase in
compensation for substantial changes will be determined in
accordance with the provisions of this Contract. CITY will not be
liable for the cost or payment of any change in work, unless the
amount of additional compensation attributable to the change in
work is agreed to, in writing, by CITY before CONSULTANT commences
the performance of any such change in work.
SECTION 3.
CONSULTANT QUALIFICATIONS,STATUS, AND DUTIES~OF
3.1 CONSULTANT represents and warrants thatit has theexpertise and professional qualifications to furnish or cause to be
furnished the Services. CONSULTANT further represents, and warrants
that the program director and every individual, including any
CONSULTANT, charged with the performance of the Services are duly
licensed or certified by the State of California, to the extent
such licensing or certification is required by law to perform the
Services, and that the Program will be executed by them or under
their supervision.
3.2 CONSULTANT shall establish and enforce adequate
guidelines for the conduct of its agents, employees, and any
subcontractors (Affiliate Centers) and for the participants in the
Program. Selection of paid personnel who directly provide child
care services for the Program shall be based upon criteria
established by the CONSULTANT in consultation with the program
manager, using as a minimum the standards for child care personnel
contained in the general licensing requirements of Title 22 of the
California Code of Regulations, as promulgated by the Department of
Social Services Community Care Licensing Division.
3.3 If any agent or employee, subcontractor of
CONSULTANT, or any agent or employee of its Affiliate Centers
materially interferes with or inhibits the full performance of the
services to be performed by CONSULTANT under this Contract, the
program manager shall notify CONSULTANT of such interference.
CONSULTANT shall have thirty (30) days from the receipt of notice
to achieve compliance with the Agreement or a resolution
satisfactory to the program manager. In the event the problem is
not satisfactorily resolved within thirty (30) days after the
service of such notice, CONSULTANT, upon receipt of demand from the
2
990601 syn 0071620
program manager, shall discontinue its affiliation with the its
Affiliate Centers in connection with the CITY-funded portions of
the Program, and the program manager may suspend or terminate the
funds to CONSULTANT for that particular segment of the Program;
provided, however, due regard shall be given to the need for
Program recipients to locate alternate forms of care for their
children. CITY shall pay a reasonable amount of services rendered
by CONSULTANT for that particular segment of the Program for a
period not to exceed thirty (30) days from the date of suspension
or termination.
3.4 In the event of CONSULTANT’S termination of a
subcontractor or termination of an affiliation with its Affiliate
Centers, CONSULTANT shall notify the program manager of such
termination.
3.5 In reliance on the representations and warranties
set forth in this Contract, CITY hires CONSULTANT to execute, and
CONSULTANT covenants and agrees that it will execute or cause to be
executed, the Program.
3.6 CONSULTANT will assign a single program director to.
have supervisory responsibility for the performance, progress, and
execution of the Program. The program director will represent
CONSULTANT during the Program. If circumstances or conditions
subsequent to the execution of this Contract cause the substitution
of the program director, the CONSULTANT shall notify the program
manager of such a change.
3.7 CONSULTANT represents and warrants that it will:
3.7.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Program;~
3.7.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract and any materials used in CONSULTANT’S
performance of the Services;
3.7.3 At’all times observe and comply with, and cause
its employees and CONSULTANTS, if any, who are assigned to the
performance of this Contract to observe and comply with, the laws,
ordinances, regulations, orders and decrees mentioned above; and
3.7.4 Employ those consultants, " Affiliate Centers,"
that are accredited and licensed child care centers, eligible
accredited and licensed family child care homes and accredited
child care centers that are legally exempt from licensur@, which
are affiliated with CONSULTANT, in CONSULTANT’S sole discretion,
and which receive child care subsidy funds from CONSULTANT under
the Program defined in Exhibit A; and
3.7.5 Report immediately to the program manager, in
writing, any discrepancy or inconsistency it discovers in the laws,
990601 syn 0071620
3
ordinances, regulations, orders, and decrees mentioned above in
relation to the deliverables.
3.8 Any deliverables given to, or prepared or assembled
by, CONSULTANT or its CONSULTANTS, if any, under this Contract will
become the property of CITY and will not be made available to any
individual or organization ~by CONSULTANT or its CONSULTANTS, if
any, without the prior Written approval of the city manager.
3.9 CONSULTANT will provide CITY with two (2) copies of
any documents which are a part of the deliverables upon their
cbmpletion and acceptance by CITY.
3.10 If CITY requests additional copies of any documents
which are a part of the deliverables, CONSULTANT will provide such
additiona! copies and CITY will compensate CONSULTANT for its
duplicating costs.
3.11 CONSULTANT will be responsible for employing or
engaging all persons necessary to execute the Program. All
consultants of CONSULTANT will be deemed to be directly controlled
and supervised by CONSULTANT, which will be responsible for thei~
performance.
3.12 In the execution of the Program, CONSULTANT and its
consultants, if any, will at all times be considered independent
contractors and not agents or employees of CITY.
3.13 CONSULTANT will perform or obtain or cause to be
performed or obtained any and all of the following Additional
Services, not included under the Basic Services, if so authorized,
in writing, by CITY:
3.13.1 Providing services as an expert witness in
connection with any public hearing or meeting, arbitration
proceeding,or proceeding of a court of record;
3.1~.2 .Incurring travel and subsistence expenses for
CONSULTANT and its staff beyond those normally required under the
Basic Services;
3.13.3 Perfdrming any other Additional Services that may
be agreed upon by the parties subsequent to the execution of this
Contract; and
3.13.4 Other Additional Services now or hereafter
described in Exhibit "A" to this Contract.
3.14 CONSULTANT will be responsible for employing all
CONSULTANTS deemed necessary to assist CONSULTANT in the
performance of the Services. The appointment of CONSULTANTS must
be approved, in advance, by CITY, in writing, and must remain
acceptable to CITY during the term of this Contract.
3.15 CONSULTANT shall provide the Program according to
the policies and operating principals set forth below:
4990601 syn 0071620
3.15.1 Parents or guardians of children in the PROGRAM
shall have the opportunity and be actively encouraged to choose the
child care services that best meet their needs.
3.15.2 Inclusion of children in the Program with
differing social, cultural, ethnic and economic backgrounds shall
be actively encouraged.
3.15.3 CONSULTANT shall use its best efforts to serve
the maximum number of children in all age categories under the
P~ogram.
3.15.4 Client payment of fees for services in the
Program will be related to ability to pay, using as a guide
CONSULTANT’s Family Fee Schedule included in this Contract as
Attachment 1 to Exhibit B hereof.
3.15.5 General and income eligibility for
participation in the Program as a recipient of child care subsidy
funding shall be as set forth in Exhibit B hereof.
3.15.6 Payment for the program’s child care subsidy.
payments shall specify actual expenditures directly related to+this
Contract in accordance with Exhibit Bo
3.15.7 CONSULTANT shall ensure that all CONSULTANT
child care centers and all Affiliate Centers that receive any
subsidy funds under the Program use such funds for secular purposes
only. CONSULTANT shall further ensure that all such child care
centers refrain from offering religious instruction, worship or
other religious activities while providing child care services, in
accordance with the provisions of the California and United States
Constitutions.
3.16 CONSULTANT shall coordinate its services with other
existing organizations providing similar services in order to
foster community cooperation and to avoid unnecessary duplication
of services.
3.17 CONSULTANT shall seek out and apply for other
sources of revenue in .support of its operation or services from
county, state, federal and private sources. Unless deemed
inappropriate by the Program Manager, City shall support CONSULTANT
in its search of grants, funding, or other income by serving as a
sponsoring agency, by providing letters of support, or by rendering
advice on applications for grants. The receipt of such funds shall
be reported as provided in paragraph 7.4
3.18 CONSULTANT shall include an acknowledgment of CITY
funding and support in all appropriate publicity or publications
regarding its programs and services using words to the effect that
"services are provided in cooperation with the City of Palo Alto"
or "through City of Palo alto funding" as approved by the program
manager.
5990601 sy~ 0071620
3.19 Said sites and facilities at which the services of
the Program are offered shall conform to all federal, state and
local laws and regulations regulating the use of said sites and
facilities for child care services.
3.20 Throughout the term of this contract, CONSULTANT
shall remain an independent, nonprofit corporation under the laws
of California governed solely by a Board of Directors, with up-to-
date Bylaws. CONSULTANT shall operate by its Bylaws. Any changes
in CONSULTANT’S Articles of Incorporation, Bylaws, or tax-exempt
status shall be reported by CONSULTANT immediately to the program
manager. No member of the Board of Directors of CONSULTANT shall
be paid employee, agent, servant, or subcontractor of CONSULTANT
under this contract during all or any part of his or her tenure as
a member of the Board of Directors of CONSULTANT.
3.21 The Board of Directors of CONSULTANT shall include
representation from the broadest possible cross section of the
community including: those with expertise and interest in
CONSULTANT’S services, representatives from community
organizations, and user of CONSULTANT’S services.
3.22 All meetings of the Board of Directors of CONSULTANT
shall be open to the public, except meetings, or portions thereof,
dealing with personnel, real estate transactions, or litigation
matters.
3.23 CONSULTANT shall keep minutes of all regular and
special meetings of its Board of Directors.
SECTION 4 DUTIES OF CITY
4.1 CITY will furnish or cause to be furnished the
services listed in Exhibit "A" and such information regarding its
requirements applicable to the Program as may be reasonably
requested by CONSULTANT.
4.2 The city manager will represent CITY for all
purposes under this Contract. The Manager of Child Care and Family
Services for the Office of Human Services is designated as the
program manager for the city manager. The program manager will
supervise the performance, progress, and execution of the Program,
and will be assisted by the Management Assistant for the Office of
Human services.
4.3 In the event CITY should determine from any
identifiable source, including but not limited to reports submitted
by CONSULTANT under this contract or any evaluation report from any
identifiable source, that there is a condition which requires
correction, CITY may forward to CONSUETANT requests for corrective
action. Such requests shall indicate the nature of the issue or
issues which are to be reviewed to determine the need for
corrective action and may include a recommendation as to
appropriate corrective action. Within thirty (30) days of CITY’S
request, CONSULTANT shall submit its response, which shall include
its views of the problem and proposed action, if any. Upon request
6
990601 syn 0071620
of either party, the parties shall meet to discuss any such request
and response within the thirty-day period specified.
SECTION 5.COMPENSATION
5.1 CITY will compensate CONSULTANT for the following
services and work:
5.1.1 CITY will pay CONSULTANT a fee not to exceed
FOUR HUNDRED TWO THOUSAND AND FIVE DOLLARS ($402,005.00). The
amount of compensation will be calculated in accordance wihh the
sbhedule set forth in Exhibit "C". On the billing form provided by
CITY, CONSULTANT shall submit a bill by the fifteenth (15th)
working day of the following month for services provided under this
Contract during the preceding month. The bill shall specify actual
expenditures directly related to this Contract as follows, in
accordance with Exhibit "C". The fees of the consultants, who have
direct contractual relationships with CONSULTANT, will be approved,
in advance, by CITY. CITY reserves the right to refuse payment of
such fees, if such prior approval is not obtained by CONSULTANT.
5.1.2 The amount of compensation set forth in Exhibit.
"C" will be billed as follows: Billing for the Program’s child
care subsidy payments set forth in Exhibit "C" shall not exceed
Three Hundred Fourteen Thousand Seven Hundred Ninety-Two Dollars
($314,792.00) for the term of this Contract. Billing shall specify
reimbursable expenses in terms of contract-subsidized hours served
during the previous month multiplied by the actual subsidy
cost/child hour. Billing for the administration of the Program
shall not exceed Eighty-Seven Thousand Two Hundred Thirteen Dollars
($87,213) for the term of this Contract, billed to indicate actual
expenditures. The rate schedules may be updated by CONSULTANT only
once each calendar year, and the rate schedules will not become
effective for purposes of this contract, unless and until
CONSULTANT gives CITY thirty (30) days’ prior written notice of the
effective date of any revised rate schedule.
5.1.3 Notwithstanding the foregoing limitations, the
City Manager shall’have the authority to approve payments by the
CITY to CONSULTANT under this contract in advance of CONSULTANT’s
incurred expenditures. Provided, however, that: (I) any request by
CONSULTANT for such adQance payment must be made during the months
of July, August or September during the term of this contract; (ii)
such advance payment must be made from the central administration
fund; and (iii) CONSULTANT’S need for such advance payment shall be
supported to the satisfaction of the CITY’S Director of
Administrative Services. Provided further, however, that total
advance payment under this contract may not exceed Fifty Thousand
Dollars(S50,000) and tota! maximum compensation under this Contract
shall not exceed Four Hundred Two Thousand Five Dollars
($402,005.00) as set forth in paragraph 5.1.1 hereof.
5.1.4 CONSULTANT shall ensure that the total cost ofservices, including user fees, billed by Affiliate Centers to
CONSULTANT for participants in the Program shall not exceed the
7
990601 sy~ 0071620
cost of similar services paid by full fee parents or users of the
Affiliate Centers.
5.1.5 CONSULTANT shall not charge Program recipients
any child care fees in excess of those fees set forth in
Attachments i, 2 and 3 of Exhibit B hereof. CITY’S payment under
this Contract to CONSULTANT for services under the Program rendered
by Palo Alto Community Child Care Centers or Affiliate Centers
shall also not exceed the fees set forth in Attachments i, 2 and 3
of Exhibit B, less the amount of any parent contribution paid when
rgquired by the Family Fee Schedule set forth in Attachment 1 to
Exhibit B.
5.1.6 All property donated to CONSULTANT shall be
presumed donated to CONSULTANT, unless specified otherwise.
5.1.7 Upon termination of the Program, all equipment
and other property purchased with CITY funds not directly on loan
from CITY may be disposed of with prior approval of the CITY, by
CONSULTANT to community nonprofit organizations providing
children’s services. If any property purchased with CITY funds is
not disposed of within a reasonable period of time, not to exceed.
three months, the property, or reasonable value therefor, sha!l be
turned over by CONSULTANT to CITY immediately, and the same shall
become the permanent property of CITY.
5.1.8 The full payment of charges for extra work or
changes, or both, in the execution of the Program will be made,
provided such request for payment is initiated by CONSULTANT and
authorized, in writing, by the program manager. Payment wil! be
made within thirty (30) days of submission by CONSULTANT of a
statement, in triplicate, of itemized costs covering such work or
changes, or both. Prior to commencing such extra work or changes,
or both, the parties will agree upon an estimated maximum cost for
such extra work or changes. CONSULTANT will not be paid for extra
work or changes, including, without limitation, any design work or
change order .preparation, which is made necessary on account of
CONSULTANT’S errors, omissions, or oversights.
5.1.9 Direct personnel expense of employees assigned
to the execution of the Program by CONSULTANT will include only the
work and other documents pertaining to the Program, and in services
rendered, to the extent such services are expressly contemplated
under this Contract. Included in the cost of direct personnel
expense of these employees are salaries and mandatory and customary
benefits such as statutory employee benefits, insurance, sick
leave, holidays and vacations, pensions and similar benefits.
5.2 The schedule of payments will be made as follows:
5.2.1 Payment of the Administration of the Program
will be made in monthly payment in proportion to the quantum of
services performed, or in accordance with any other schedule of
payment mutually agreed upon by the parties, as set forth in
Exhibit "C", or within thirty (30) days of submission. Payment for
the Program’s child care subsidy payments shall specify actual
8
990601 syn 0071620
expenditures directly related to this Contract as follows, in
accordance with Exhibit "B:" Final payment will be made by CITY
after CONSULTANT has submitted all deliverables, including, without
limitation, reports which have been approved by the program
manager.
SECTION 6.PROGRAM RECORDS
Upon reasonable notice, CONSULTANT shall ~grant the
program manager access to al! CONSULTANT records, data, statements,
and reports, which pertain to this Program. CONSULTANT shall grant
a~cess to any confidential or clinical records of personnel and
clients which tend to identify specific individuals to the CITY,
for the sole purpose of program auditing processes. CONSULTANT
shall secure appropriate personnel and client authorization forms
from the appropriate sources necessary to allow the audit to occur.
SECTION 7. ACCOUNTING, AUDITS, OWNERSHIP OF RECORDS
7.1’ CONSULTANT shall appoint a fiscal agent who shall be
responsible for the financial and accounting activities of
CONSULTANT, including the receipt and disbursement of CONSULTANT.
funds.
7.2. CONSULTANT shall appoint from its Board a treasurer
who shall review the Financial Statements of CONSULTANT on a
regular basis.
7.3 Records of the direct personnel expenses and
expenses incurred in connection with the performance of Basic
Services and Additional Services pertaining to the Program will be
prepared, maintained, and retained by CONSULTANT in accordance with
generally accepted accounting principles and will be made available
to CITY for auditing purposes at mutually convenient times during
the term of this Contract and for three (3) years following the
expiration or earlier termination of this Contract.
7.4 Quarterly financial expense and revenue summary
sheets including information about any Ventura School rental
revenue, shall be submitted to CONSULTANT on a quarter basis to the
CITY’s Office of Human Services by CONSULTANT.
7.5 CONSULTANT shall provide for independent audit of
its fisca! year transactions, records, and financial reports at
least every two (2) years. The certified public accountant shall
submit the report to both parties. The cost of this audit shall be
borne by CONSULTANT.
7.6 The originals of the deliverables, if any, prepared
by or under the direction of CONSULTANT in the’performance of this
Contract will become the property of C~TY irrespective of whether
the Program is completed upon CITY’s payment of the amounts
required to be paid to CONSULTANT. These originals will be
delivered to CITY without additional compensation. CITY will have
the right to utilize any final and incomplete drawings, estimates,
specifications, and any other documents prepared hereunder by
9990601 syn 0071620
CONSULTANT, but CONSULTANT disclaims any responsibility or
liability for any alterations or modifications of such documents.
SECTION 8. INDEMNITY
8.1 CONSULTANT agrees to protect, indemnify, defend and
hold harmless CITY, its Counci! members, officers, employees and
agents, from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONSULTANT’s, its
officers’, agents’, CONSULTANTS’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONSULTANT in the
performance of or failure to perform its obligations under this
Contract, and the provision of child care services by CONSULTANT,
its employees, agents, or subcontractors, or by the CONSULTANT
affiliate centers, whether or not such services are paid for with
administration or subsidy funds under this contract.
SECTION 9. WAIVERS
9.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract or of the provisions of any ordinance or law will not be
deemed to be a waiver of any such covenant, term, condition,
provision, ordinance, or law or of any subsequent breach or
violation of the same or of any other covenant, term, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or miolation
by the other party of any covenant, term, condition or provision of
this Contract or of any applicable law or ordinance.
9.2 No payment, partial payment, acceptance, or partial
acceptance by .CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION I0.INSURANCE
i0.i CONSULTANT, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONSULTANT and its CONSULTANTS, if any, but also,
with the exception of workers’ compensation, emp!oyer’s liability
and professional liability insurance, naming CITY as an additional
insured concerning CONSULTANT’s performance under this Contract.
10.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all CONSULTANTS of CONSULTANT
retained to perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as an
99060! syn 0071620
10
additional insured under such policies as required above, whether
or not such services are paid for with administration or subsidy
funds under this Contract. CONSULTANT shall also be responsible to
ensure that all CONSULTANT Affiliate Centers and any subcontractors
obtain and maintain in full force and effect throughout the entire
term of this contract.
10.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
ehdorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
the CITY’s city clerk thirty (30) days’ prior written notice of
such cancellation or alteration, and that the City of Palo Alto is
named as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
10.4 The procuring of such required policy or policies.
of insurance will not be construed to limit CONSULTANT’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONSULTANT will be obligated for the full and tota! amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION ii. WORKERS’ COMPENSATION
Ii.I CONSULTANT, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for-workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Program.
PROGRAM
,SECTION 12 TERMINATION OR SUSPENSION OF CONTRACT OR
12.1 The city manager may suspend the execution of the
Program, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONSULTANT, or immediately after submission to CITY by
CONSULTANT of any completed item of Basic Services. Upon receipt
of such notice, CONSULTANT will i~mediately discontinue its
performance under this Contract.
12.2 CONSULTANT may terminate this Contract or suspend
its execution of the Program by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
990601 syn 0071620
11
indefinitely withholds or withdraws its request for the initiation
or continuation of Basic Services or the execution of the Program.
12.3 Upon such suspension or termination by CITY,
CONSULTANT will be compensated for the Basic Services and
Additional Services performed and deliverables ’ received and
approved prior to receipt of written notice from CITY of such
suspension or abandonment, together with authorized additional and
reimbursable expenses then due. If the Program is resumed after it
has been suspended for more than 180 days, any change in
CONSULTANT,s compensation wil! be subject to renegotiation and, if
n~cessary, approval of CITY’s City Council. If this Contract is
suspended or terminated on account of a default by CONSULTANT, CITY
will be obligated to compensate CONSULTANT only for that portion of
CONSULTANT’s services which are of direct and immediate benefit to
CITY, as such determination may be made by the city manager in the
reasonable exercise of her discretion.
12.4 In the event of termination of this Contract by the
CITY, CONSULTANT shall forthwith close CITY-funded portions of the
Program; provided, however, due regard shall be given to the need
for Program recipients to !ocate alternate forms of care for their
children. CITY shall pay a reasonable amount for services rendered
by CONSULTANT while closing CITY-funded portions of the Program for
a period not to exceed thirty (30) days from the date of any
termination.
12.4.1 For approved items of services, CONSULTANT will
be compensated for each item of service fully performed in the
amounts authorized under this Contract.
12.4.2 For approved items of services on which a
notice to proceed is issued by CITY, but which are not fully
performed, CONSULTANT will be compensated for each item of service
in an amount which bears the same ratio to the total fee otherwise
payable for the performance of the service as the quantum of
service, actually rendered bears to the services necessary for the
full performance of that item of service.
12.4.3 The total compensation payable under the
’preceding paragraphs of this Section will not exceed the payment
specified under Sectiod 5 for the respective items of service to be
furnished by CONSULTANT.
12.5 Upon such suspension or termination, CONSULTANT
will deliver to the city manager immediately any and all copies of
the deliverables, whether or not completed, prepared by CONSULTANT
or its CONSULTANTS, if any, or given to CONSULTANT or its
CONSULTANTS, if any, in connection with this Contract. Such
materials will become the property of CITY.
12.6 The failure of CITY to agree with CONSULTANT’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, wi!l not be construed as a failure on the part
of CONSULTANT to fulfill its obligations under this Contract.
12990601 syria71620
SECTION 13.ASSIGNMENT
13.1 This Contract is for the personal services of
CONSULTANT, therefore, CONSULTANT will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of CITY will be void and, at
the option of the city manager, this Contract may be terminated.
This Contract will not be assignable by operation of law.
SECTION 14. NOTICES
14.1 All notices hereunder will be given, in writing,
and mailed, postage prepaid, by certified mail, addressed as
follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
Copy to:Office of Human Services
City of Palo Alto
4000 Middlefield Road,- T2
Palo Alto, CA 94303
To CONSULTANT: Attention of the program director
at the address of CONSULTANT recited above
SECTION 15.CONFLICT OF INTEREST
15.1 In accepting this Contract, CONSULTANT covenants
that it presently has no interest, and will not acquire, any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance Of the
Services.
15.2 CONSULTANT further covenants that, in the
performance of this Contract, it will not employ contractors or
persons who are officials, officers or employees of CITY having
such an interest mentioned above without divulgence of such fact to
CITY. CONSULTANT certifies that no one who has or will have any
financial interest under this Contract is an officer or employee of
CITY; this provision will be interpreted in accordance with the
applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
SECTION 16.NONDISCRIMINATION
16.1 As set forth in the Palo Alto Municipal Code, ~no
discrimination will be made in the employment of persons under this
990601 syn 0071620
13
Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of such
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONSULTANT agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "E"
16.2 CONSULTANT agrees that each contract for services
from independent providers will contain a provision substantially
as follows:
"[Name of Provider] will provide CONSULTANT with a
certificate stating that [Name of Provider] is
currently in compliance with al! Federal and State
of California laws covering nondiscrimination in
employment; and that [Name of Provider] will not
discriminate in the employment of any person under
this contract because of the age, race, color,
national origin, ancestry, religion, disability,
sexual preference or gender of such person."
16.3 If CONSULTANT is found in violation of+ the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to
discrimination, as damages for breach of contract, or both. Only
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
16.4 If CONSULTANT is found in default of the
nondiscriminatiQn provisions of this Contract, CONSULTANT will be
found in material breach of this Contract. Thereupon, CITY will
have the power to cancel or. suspend this Contract, in whole or in
part, or to deduct from the amount payable to CONSULTANT the sum of
two hundred fifty dollars ($250) for each calendar day during which
CONSULTANT is not in c~mpliance with this provision as damages for
breach of contract, or both.
SECTION 17 MISCELLANEOUS PROVISIONS
17.1 CONSULTANT represents and warrants that it has
knowledge of the requirements of the federal Americans with
Disabilities Act of 1990, and the Government Code and the Health
and Safety Code of the State of California, relating to access-to
public buildings and accommodations for disabled persons, and
relating to facilities for disabled persons. CONSULTANT will
comply with or ensure by its advice that compliance with such
provisions will be effected pursuant to the terms of this Contract.
990601 sy~ 0071620 14
17.2 Upon the agreement of the parties, any controversy
or claim arising out of or relating to this Contract may be settled
by arbitration in accordance with the. Rules of the American
Arbitration Association, and judgment upon the award rendered by
the Arbitrators may be entered in any court having jurisdiction
thereof.
17.3 This Contract will be governed by and construed in
accordance with the laws of the State of California, excluding its
conflicts of law.
17.4 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
17.5 The prevailing party in any action brought to
enforce the terms of this Contract or arising out of this Contract
may recover its reasonable costs and attorneys’ fees expended in
connection with that. action.
17.6 This document represents the entire and integrateh’
Contract between the parties and supersedes all prior negotiations,
representations, and contracts, either written or oral. This
document may be amended only by a written instrument, which is
signed by the parties.
17.7 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
17.8 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind., the heirs, successors,
executors, administrators, assignees, and CONSULTANTS, as the case
may be, of the parties.
17.9 If a court of competent jurisdiction finds or rules
that any provision, of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
17.10 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
17.11 This Contract may be executed in any number of
counterparts, each of which will be an original, but al! of which
together will constitute one and the same instrument.
17.12 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
15990601 syn~71620
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 17.12 will take precedence in the event of
a conflict with any other covenant, term, condition, or provision
of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FORM:
Mayor
Senior Asst. City Attorney
APPROVED :
Assistant City Managgr
ir ctor of Communit~--Se~-v~?ces
Director of Admin. Services
Insurance Review
PALO ALTO COM}K/NITY
CHILD CARE, INC.
By:
Its:
By:
Its:
Taxpayer’s I.D. No.94-2242823
APPROVED AS TO CONTENT:
Administrator
Office of Human Services
Manager of Child Care &
Family Services
Attachments:
EXHIBIT "A" :
EXHIBIT "B" ¯
EXHIBIT "C""
EXHIBIT "D":
EXHIBIT "E":
SCOPE OF PROGRAM SERVICES & TIME SCHEDULE
SUBSIDY PROGRAM SPECIFICATIONS WITH
ATTACHMENTS 1 &2
BUDGET
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
990601 syn 13071620
16
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF
COUNTY OF
) ss.
On ~~_~_~ /6//~’~, before me, the undersigned, a
Notary Public,in add for siid County and State, personally appeared
, personally known to
me or proved/~to me on the basis of satisfactory evidence to be the
person(.~) whose name(~) is/are subscribed to the within instrument
and acknowledged to me that ~e/she/.~%~y executed the same in
hi-s/her/t4~ir authorized capacity(i-ee), and that by bis/her/t4%ei-~
signature(0S) on the instrument the person(~), or the entity upon
behalf of which the person(~O acted, executed the instrument.
WITNESS my hand and official seal.
S~nature of Notary Public
990601 syn 0071620
17
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
On ~~ /~{ /959 , before me, the undersigned, a
Notary Publi~in and for said. County and State, personallyappeared ~.~c./$~ ~~ ~~ ,
personally i~hown to me or p~oved ~ me on the basis of
satisfactory evidence to be the person Q~) whose name ~) is/a-r-e~
subscribed to the within instrument and acknowledged to me that
he/sh~blt-hey executed the same in his/her/their authorized
capacity(i~), and that by his/he,/rheim signature Q~) on the
instrument the person QsO, or the entity upon behalf of which the
person Cs~f acted, executed the instrument.
WITNESS my hand and official seal.
~ignature off Notary Public
990601 syn 0071620
18
EXHIBIT A
PALO ALTO COMMUNITY CHILD CARE (PACCC)
1999-2000 SCOPE OF SERVICES
MISSION: To provide families with subsidies to acquire quality child care services. These child
care services will enable parents to work or attend school and provide for their families, as well as
to support their children’s developmental needs.
SERVICES: Under the Agreement, PACCC shall administer, in a cost-effective manner, a child
care subsidy program (the "Program") as described in the Subsidy Program Specifications set forth
in Exhibit B to this Agreement. Approximately sixty (60) children shall be provided subsidized
child care through the Program at PACCC child care centers and at PACCC Affiliate Centers (as
defined in this Agreement). Subsidized child care services shall be provided during those time
periods when both parents or legal guardians are employed, seeking employment, students, incapable
of providing care due to disability, or when the child is referred to the Program by the Child
Protective Services (CPS) Division of the California Department of Social Services.
Effective July 1, 1996 school age child care subsidy funds will only be made available to students
enrolled in Kindergarten through the completion of grade five.
CHILD CARE SUBSIDY PROGRAM GOALS & METHODS:
SUBSIDY PROGRAM GOAL #1:
To increase the number of affiliate providers participating in the subsidy program including family
child care providers, thereby increasing parental choice;
METHODS FOR SUBSIDY PROGRAM GOAL # 1:
Method # 1 Continue efforts to guide and support local family child care providers through the
accreditation process, through the Quality Child Care Initiative (QCCI) project;
Method # 2 Provide support to child care.centers pursuing accreditation through, a project similar
to the QCCI project, if additional funding is secured, and
Method # 3 Continue efforts to provide information to solicit child care providers in becoming
an affiliate.
SUBSIDY PROGRAM GOAL #2:
Maximize the use of child care subsidy funds administered by Other sources such as the Santa Clara
County Community Coordinated Child Development C6uncil (4C’s) and Choices for Children
Child Care Subsidy Program
1999-00
Exhibit "A"
Scope of Services
Page 1
METHODS FOR SUBSIDY PROGRAM GOAL # 2:
Method #1 Stay informed about the development of a county-wide centralized subsidy wait list
currently being developed by 4C Council and Choices for Children, and
Method # 2 Continue to collaborate with other child care and family service agencies to
investigate alternative child care subsidy programs during the certification and
recertification process.
SUBSIDY PROGRAM GOAL # 3:
Maximize the number of children served in the Subsidy Program in all age categories.
METHODS FOR SUBSIDY PROGRAM GOAL # 3:
Method # 1 Notify all families with children enrolled in Palo Alto Unified School District through
the Voluntary Transfer Program (VTP) of their eligibility for child care subsidy
funds;
Method # 2 Notify residents in Palo Alto Housing Corporation subsidized housing of their
eligibility for child care subsidy funds, and
Method # 3 Continue efforts to increase the number of affiliate providers who care for infants and
toddlers in Palo Alto.
CHILD CARE OUTREACH PROGRAM GOALS:
Goal # 1 To continue child care-related referral services to families who live or work in Palo
Alto;
Goal # 2
Goal # 3
Goal # 4
To continue the expansion of the on-line community and child care provider
information located at the PACCC web sitb;
To continue to maintain a usable data base of child care and community service
information and distribute the information to the community through such
organizations as schools, religious groups, neighborhood associations and
neighborhood watch programs, and
To continue to outreach to child care providers and parents in the community through
The Provider Connection, by providing workshops, training, and materials for
providers and parents to support their care of children.
CHILD CARE OUTREACH PROGRAM METHODS:
Method # 1 Maintain and distribute guides for parents seeking child care resources, including the
Child Care Choices Brochure and Guide to Subsidy Programs;
Method # 2 Maintain current and acquire additional resources for The Provider Connection,
Child Care Subsidy Program
1999-00
Exhibit "A"
Scope of Services
Page 2
including teacher resource books, children’s books, toys, parenting books,
community newsletters, and other resources useful to parents and providers.
These materials will include bilingual resources to meet the needs of our diverse
community;
Method # 3
Method # 4
Collaborate with the PACCC Webmaster and the City of Pal0 Alto Manager of
Child Care and Family Services to maintain and update the PACCC web site to
make it as useful and effective for its browsers;
Collaborate with the newly formed Family Resource Center to strategize ways in
which PACCC and the FRC can best meet the training interests and information
needs of the families in Palo Alto, and
Method # 5 Regularly survey child care professionals to ascertain topics of interest for
workshops and hire trainers to present workshops that meet those interests.
GENERAL METHODS FOR THE ADMINISTRATION OF THE SUBSIDY PROGRAM:
Method # 1
Method # 2
Method # 3
Method # 4
Method # 5
Method # 6
Re-certify each affiliate program annually and maintain a file for each affiliate
provider. The file shallcontain the provider’s current operating license, copies of all
licensing reports issued by the Department of Social Services Community Care
Licensing Division, proof of insurance, current fee schedule, calendar of days open,
documentation of accreditation status, and a competed statement of non-
discrimination provided by the City;
Comply with Program Specifications and PACCC Operating Procedures;
Submit quarterly reports to the City of Palo Alto Child Care and Family Services
Manager as required;
Provide quarterly financial reports, including all agency revenue and expenditures
as required under City contract;
Coordinate with the City Child Care and Family Services Manager to conduct an
annual Program evaluation, and
Establish and maintain a ranked waiting list for participation in the Program, based
upon income level, using established priorities as specified in Exhibit B only when
two applicants are at the same income level.
ACKNOWLEDGMENT OF CITY FUNDING: PACCC shall include an acknowledgment of
City funding and support in all appropriate publicity or publications regarding the PROGRAM,
Child Care Subsidy Program
1999-00
Exhibit "A"
Scope of Services
Page 3
using words to the effect that "subsidized child care services are provided through City of Palo
Alto funding," or as otherwise approved by the Project Manager.
REPORTS: Contractor shall provide activity reports relating to’this Scope of Services for the
periods ending September 30, 1999, December 31, 1999, March 31, 2000, and June 30, 2000,
within fifteen days after these dates. Each report shall cover the preceding period, and other such
information as the Project Manager may request. The final report shall focus on the final four
months, but also shall provide information on contract services for the entire term. Each report
shall be prepared in the form agreed upon by the Project Manager and the Contractor.
AMERICANS WITH DISABILITIES ACT: Contractor shall comply with the Americans
with Disabilities Act (ADA) of 1990.
Child Care Subsidy Program
1999-00
Exhibit "A"
Scope of Services
Page 4
EXHIBIT B
PALO ALTO COMMUNITY CHILD CARE (PACCC)
SUBSIDY PROGRAM SPECIFICATIONS
1999-2000
SERVICES: PACCC shall centrally administer and manage City funds to provide child care
subsidies for families with low income and very low incomes, who are eligible based on and in
accordance with the City-approved 1999-00 Family Fee Schedule attached hereto as "Attachment
1" and incorporated herein by this reference (the "Program"). The approval of at least two (2)
members of PACCC management for the granting of child care subsidy under the Program must
be obtained for each recipient. A centralized waiting list for the Program shall be maintained in
the PACCC administrative office by the PACCC Outreach Coordinator. Subsidized child care
under the Program may be provided at PACCC child care centers and PACCC Affiliate centers.
Fees charged at PACCC child care centers shall be as set forth in "Attachment 2" to this Exhibit
B which is attached hereto and incorporated herein by this reference.
Subsidized child care services shall be provided during those time periods when both parents or
legal guardians are employed, seeking employment, students, incapable of providing care due to
disability, or when the child is referred to the Program by the Child Protective Services (CPS)
Division of the California Department of Social Services.
General Eligibility for Use of Program Subsidy Funds:
Only the following children are eligible for City subsidized child care services:
a) Children whose parent or legal guardian is a resident of the City of Palo Alto
b) Children whose parent or legal guardian is employed by the City of Palo Alto
c) Children attending the Palo Alto Unified School District ("PAUSD") through the
Voluntary Transfer Program pursuant to the Tinsley Settlement Order in San Mateo
County, Superior Court Case No. 206010 (the "Tinsley Agreement")
d) Homeless children referred in writing by a local social service agency or shelter
Effective July 1, 1996, school age child care subsidy funds will only be made available to students
enrolled in Kindergarten through the completion of grade five.
Documentation of Residency Requirement for City Subsidy Eligibility:
Verification of general eligibility for child care subsidy under .the Program must include one or
Child Care Subsidy Program
1999-00
Exhibit "B"
Program Specifications
Page 1
more of the following as applicable:
a)
b)
c)
d)
e)
Utility bill from past month establishing Palo Alto residence
City of Palo Alto pay stub establishing employment by the City
Documentation of Tinsley Agreement participation by establishing attendance at
PAUSD under the program
Documentation from a local emergency shelter or agency serving victims of
domestic violence accompanied by verification of residency in Palo Alto within
the past year
Documentation of homeless status by a local social service agency or shelter.
Verification of Income Eligibility for City Subsidy:
Verification of income eligibility for child care subsidy under the Program must. include one or
more of the following documents establishing gross monthly income level of recipient family:
a)
b)
c)
d)
e)
Copies of two (2) latest wage stubs
Unemployment Insurance Benefit (UIB) award letter
Federal tax filing information for last two (2) years if self-employed
Notice of Action (NOA) letter from social service agency if receiving
public assistance
Registration verification from school or training program signed by appropriate
school personnel
Adjusted Gross Monthly Income for Families with Severe Disabilities:
Families that have a member with a severe disability requiring non-reimbursable medical expenses
are eligible for a subsidized rate that takes into account these expenses. A severe disability is
defined as those conditions which are catastrophic (violent or sudden in nature with extreme
consequences), long-term (occurring or involving a long period of time Of hardship and suffering),
or terminal (leading ultimately to death).
The following documentation is required:
a) A written letter from a medical physician detailing the nature of and severity of
the disability and;
b)Formal documentation substantiating that the expenses are directly related to the
disability (a verifiable statement of non-reimbursable medical expenses).
For families that qualify under these guidelines, the medical expenses directly related to the stated
disability will be deducted from the gross monthly income as calculated in accordance with the
1998-99 Family Fee Schedule. Families will be given "credit" for their medical expenses and their
hourly contribution will be reduced by ten "steps" on the 1999-00 Family Fee Schedule. Families
that qualify for an adjusted parent hourly contribution based on disability related expenses may
earn up to 100% of the Santa Clara County median income but must meet all other requirements
Child Care Subsidy Program
1999-00
Exhibit "B"
Program Specifications
Page 2
related to initial eligibility and continued eligibility based on semi-annual recertifications.
Parents in Training:
Students must be attending school or working toward a recognized vocational goal as documented
on forms signed by the Registrar. When appropriate, documentation of a passing grade will be
required during the recertification process in order to document satisfactory progress.
Parents Seeking Employment:
Parents are eligible for sixty (60) working days of child care per fiscal year to seek employment
if their employment or training period ends. Documentation and verification of job search and
interviews will be required during recertification.
Parents Employed by Temporary Work Agency:
Parents employed by a temporary work agency ("temp") are eligible for child care subsidy. The
parent will be required to submit the following documentation verifying that he or she is employed
by the agency and accepting assignments as they are offered:
a) An offer letter from the agency that states the hours the employee has requested
work (e.g. part-time, 8:30am to 12:30pm) and the range of pay;
b)A record of when the parent was offered an assignment, if it was accepted, the ’
length of the assignment, the hours worked, and the rate of pay. The parent
must submit the record to the Outreach Coordinator at the end of each month,
along with pay stubs of wages earned for the month;
c)The parent must sign a "Release of Information" form to have on file with the
"temp" agency and the Outreach Coordinator. The Outreach Coordinator will
contact the "temp" agency at the end of each month to verify the record of
assignments submitted by the parent.
If the Outreach Coordinator determines that the parent is not accepting assignments on a consistent
basis, the parent’s need for child care will be reassessed, and may result in termination of the
child care subsidy.
Teenage Parents:
Teenage parents are eligible to receive subsidized child care services. The parent may be referred
to the program by PAUSD as needing subsidized child care in order to remain in school. During
the summer months, the parent must be enrolled in summer school or employed in order to
continue to receive subsidized child care services. If the parent is not enrolled in school or
employed during the summer months, he or she will be required to participate in the child care
program for a minimum of 15 hours per week. The goal of this requirement is to assist the parent
with parenting skills in a supportive environment.
Child Care Subsidy Program
1999-00
Exhibit "B"
Program Specifications
Page 3
Priority for City-Subsidized Child Care Services:
Priority shall be granted to families with the lowest gross monthly income in relation to family
size as determined by the 1998-99 Family Fee Schedule. Eligible children who are referred to
the City Subsidy Program through Child Protective Services (CPS) are exempt from the income
eligibility requirement. PACCC shall maintain written documentation of such referrals.
When applications are received from families with the same income, the priority list is as follows:
1) Recipients of child protective services (CPS) for children who are neglected or
abused, or at risk of being neglected or abused, upon written referral from a
legal, medical, or social service agency; or children who are victims of
domestic violence who are referred in writing by a local social service agency
or shelter
2)Families which are homeless or at risk of homelessness; residing in a
transitional housing program or emergency shelter, upon written referral from a
local social service agency
3)Children residing in a single-parent household
Certification and Re-Certification:
Each family receiving City subsidy must be required to recertify to PACCC twice annually to
verify continued compliance with all of the eligibility criteria for the Program (general and income
eligibility). PACCC shall twice annually review the City subsidy recipients’ files to ensure that
the required updates of information have been provided.
Change of Status Notification:
Subsidy recipients under the Program shall be advised that, should their eligibility circumstances
change (e.g. change of income, employment, residence) the clients must report that change within
ten (10) days to the PACCC Outreach Coordinator.
Transitional Child Care:
When parents no longer qualify for a child care subsidy because their income exceeds eligibility
limits, parents will continue to receive approximately three (3) months of transitional child care
at the subsidized rate.
Use of City Funds With Regard to Attendance:
Families enrolled in the Program agree to use specific hours of care on specific days. Children
must be signed in and out each day on an attendance sheet which is kept by the PACCC Center
or the Affiliate Center to verify actual use. The City will not reimburse for hours used outside the
agreed-upon contract hours. Consistent attendance is a condition of receiving subsidized child
care. If it is determined that a child is excessively absent, the Outreach Coordinator will limit the
child to twelve (12) "best interest days" per fiscal year and/or reassess the family’s need for
subsidized child care.
Child Care Subsidy Program
1999-00
Exhibit "B"
Program Specifications
Page 4
Absences considered "best interest days" include a parent’s day off, parent’s vacation, school
vacation, or a child’s visit with family members. Parents are required to record the reason for an
absence on the attendance sheet. Children are allowed a maximum of ten (10) consecutive days
of excused absence per month. Excused absences include illness of the child, illness of the parent,
or a family emergency. A child who has a long term incapacitation may be exempt from this
policy. In this instance, written verification from a physician as to the nature of the incapacitation
will be required.
Children who receive child care subsidies under the Program who are absent for more than one
(i) week consecutively without prior notification and documentation (excused absence forms) will
be dropped from the program and must reapply for admittance. Reinstatement of the child care
subsidy will be determined by the PACCC Executive Director and the Outreach Coordinator.
Excuse forms may include an excuse slip signed by the parent, guardian, or appropriate doctor.
Attendance and City-Subsidy Administration Policies and Procedures:
PACCC shall design and implement the use of standard forms to record and summarize the
children’s attendance at all PACCC facilities and PACCC affiliate child care centers. PACCC
administrative personnel shall periodically review the forms and record-keeping of attendance for
propriety and completeness. Program administration policies and procedures shall als0
periodically be updated and enforced, consistent with the requirements of this Agreement.
Guidelines for Affiliate Agency Use of City Subsidy Funds:
PACCC shall ensure that the requirements described herein shall apply to all affiliate agencies that
receive City funds administered through PACCC. PACCC shall oversee and monitor all of its
affiliate contracts to ensure that compliance with this contract is maintained.
Accreditation Requirement for All Child Care Program Receiving City Subsidy Program
Funds:
All PACCC and PACCC affiliates participating in the Program must be nationall3~ accredited or
actively pursuing accreditation through the National Association for the Education of Young
Children (NAEYC), the National School Age Care Alliance (NSACA), or the National
Association of Family Child Care (NAFCC). Programs that are not accredited must sign a Letter
of Intent that indicates the child care program’s plan to complete the accreditation process within
two (2) years. Exceptions may be made for programs that are affiliated with an umbrella
organization that incorporates the principles of self-evaluation and high quality standards.
Child Care Subsidy Program
1999-00
Exhibit "B"
Program Specifications
Page 5
Family Fee Schedule:
The Family Fee Schedule may be adapted to reflect modifications in the low-income guidelines
as defined by the federal Housing and Urban Development (HUD), Authority Community
Development Block Grant (CDBG) program.
Case Review:
Each family receiving City Subsidy funds shall have a case review after eight years in the
Program. The PACCC Executive Director, Site Director, and Outreach Coordinator, together
with the City’s Child Care and Family Services Manager, will review the case to determine
whether the subsidy funds should continue beyond the eighth year.
Exceptions to compliance with the Program’s written policies and procedures may be made by
PACCC’s Outreach Coordinator with written authorization from the City’s Child Care and Family
Services Manager.
Child Care Subsidy Program
1999-00
Exhibit "B"
Program Specifications
Page 6
Monthl
Gross
Income
City of Pal(J Alto Child Care Subsidy Program
1621
1683
1746
1808
1870
1933
1995
2O57
2120
2182
2244
23O7
2369
2400
2431
2494
2556
2618
2681
2743
2805
2868
2930
2992
3055
3086
3325
3429
3533
3637i
3741
3845
3949
4053
4157
4261
4365
4469
4572
4676
4780
4884
4988
5092
5144
5196
1725
1794
1863
1932
2001
207O
2139
2208
2277
2346
2415
2484
2553
2588
2622
2691
2760
2829
2898
2967
3036
3105
3174
3243
3312
3381
35911
3707i
3823
3939
405z
4170
4286
4402
4518
4634
4749
4865
4981
5097
5213
5329
5444
5560
5676
579:
Family Size
4....5 .......G
1917
1993
2070
2146
2223
2300
2376
2453
253O
2606
2683
2760
2836
2875
2913
2990
3066
3143
i. 3220
3296
3373’
3450
3526
3603
3680
3756
3988
4117
4246
4374
4503
4632
4760
4889
5018
5146
5275
5404
5532!
5661
5790
5918
6047
6176
6304
6433
2071
2154
2237
232O
24O2
2485
2568
2651
2734
2817
2899
2982
3065
3107
3148
3231
3314
3396
~3479
3562
3645
3728
38111
3893
3976
4059
:~;~:~’~1~2:
4309
4448
4587
4726
4865
5004
5143
5282
5421
5560
5699
5838
5977
6116
6255!
639z
.6533
6672
6811
6950
2223
2312
2401
2490
2579
2668
2757
2845
2934
3023
3112
3201
3290
3335
3379
3468
3557
3646
3735
3824
3912
4001
4090
4179
4268~
4357i
4627
4776
4926
5075
5224
5373
5523
5672
5821
5970
6120
6269
6418
6567
6717!
6866
7015
7164
7314
7463
2377
2472
2567
2662
2757
2852
2947
3043
3138
3233
3328
3423
3518
3566
3613
37O8
3803
3898
3993
4088
4184
4279
4374
4469
4564
4659
4947!
5107
5266
5426
5585
5745
59O4
6064
6224
6383
6543
6702
6862
7O22
7181
734
7500
7660
7819
7979
2529
2630
2731,
2832
2934
3035
3136
3237
3338
3439
3541
3642
3743
3794
3844
3945
4O46
4148
4249
435O
4451
4552
4653
4755
4856
4957
5264
5434
5604
5774
5944
6114
62831
6453!
6623
6793
6963
7132
7302
7472
7642
7812
7982
8151
8321
849"
0.21
0.25
0.29:
0.35
0.41
0.47
0.53
0.60
0.66
0.72
0.78
0.84
0.93
0.96
1.03
1.12
1.21
1.30
1.40
1.49
1.58
1.67
1.76
1.86
1.95
2.O4
’
2.22
2.3"
2.40
2.49
2.58
2.67
2.76
2.85
2.94
3.03
3,12
3.21
3.30
3,39
3,48
3.57
3.66
3:75
3.84
3.92
c:jenny\subsidy\poh,;ies\1999fcL’Rev 6117/98
Exhibit B Attachme
9260 26P ~$9 : ’0~’~ BNOH,_-I m’~eD Pl!~IO F’~:~nu~u~°D o~.IU olwcl : L!OW_-I
Exhibit B Attachment
0 ~ ~- ~
0
~d WUSE:68 6661 II ’£eN 9E6E) E6P E~S9 : "ON qNOHd ~JeD PI~HD £~tun’-u~OD o~.[U o[ed : WON3
Exhibit "C"
PALO ALTO COMMUNITY CHILD CARE, INC.
Child Care Subsidy & Community Outreach Program
1999-2000 CONTRACT BUDGET
D~scription of Expenses
ADMINISTRATIVE:
Salaries
Benefits
Payroll Taxes
Insurance
Total Projected Program
Budget
60,507.00
6,114.00
4,527.00
1,037.00
Contract Budget/
General Funds
60,507.00
6,114.00
4,527.00
1,037.00
Audit/Professional Fees
Rent/Occupancy
Utilities
Phone
Postage
Office Supplies
Travel
Consultants
Staff Development/Training.
Computer Hardware/Software
Office Supplies
Maintenance/Repair
Depreciation
Books!Publications
Printing/Publishing
Miscellaneous
SUBTOTAL (ADMIN.)
DIRECT SERVICES
TOTAL
957.00
947.00
1,770.00
1,626.00
1,626.00
31,626.00
338.00
7,167.00
3,25 ! .00
1,567.00
123,060.00
328,945.00
957.00
947.00
1,770.00
1,626.00
1,626.00
1,626.00
338.00
2,167.00
3,251.0.0
720.00
87,213.00
314,792.00
$452,005.00 $402,005.00
EXHIBIT D I of 2
ACORD~
PRO~)U~R
Allan Wiser Ins Services,
300 Valley Street, Suite 205
S~usalito, CA 94965
_ (9!6)631-7783Palo Alto Community Child C~re
3990 Venture Court
Palo AltO, CA 94306
CERTIFICAte- OF LIABILITY INSURANCE.-
-r ’~"I~i~’~.~RTIFICATE I~ I3SUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTkClCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES B~LOW.
." 4_~~93-2361
INSURER@ AFFORDING COVERAGE
Insurance Compan[_
COVERAGES ..........................................
---~~ELOW HA’/’E’~ I~~L~D ~) ~F~= INSUREDTHE P~CIE8 OF IN~U~NCE LIS~D --
~Y REQUIREME~, ~ERM OR CONDmON OF A~ CO~CT OR OTH~ ~CU~T WI~ ~SPECT ~0 WHICH THIS CERTIFI~TE MAY BE ISSUED OR
~Y PERTAIN, ~HE INSU~CE ~FORD~ BY THE PGL~IE5 DESCRIBEO HER~N ~ ~UBJECT TO ALL ~E TER~, ~SIONS ~D CO~DmONS OF SUCH
POLIC;ES. AGGREGA~ LIMRS SHO~ ~Y ~ BEEN R~DUCED BY PAID
A __MCK£3~348 07/01/98 07/01/99 ,~~,~u~’, ~I.000~000
AUTOMOB~ L~IU~~BIN~D
HIREO A~5 ~LY ~URY
- ’ ......................................................T ............
-.~.~ ....17~7 ..............., ...........
................. ~/01~98 07/01/99A ~ Business MCK634348
~ Personal
Pro m rt ’ ~
Certificate Holder i= n~ed as Additional Insured pe~ attached
endorsement - All Locations.
A4_ministrative Services
250 Hamilton Avenue_
~alo Alto, CA 94301
ACO~ 2~ 1~197)
CANCELLATION
~ ACORD CORPO~TION 1988
EXHIBIT D 2 of 2
ACORD. CERTIFICATE OF LIABILITY INSURANCE ...L 01/"P./%.9
iA’..lan Wi~er ,_-ng &ervices, inc
30£ Vall~y Street, Suize Z0S
I Sausslito, CA 94965¯ (916} 631-".783
P=_lo Alto Co~uni~y Chil~ C~re
39~c0 Ven~ura Cour~
P~lo Alto, CA 94306
ONLY AND CONFER~ NO RIQHYS UPON ~HE cERTIFSCATE
ALTER THE COV£~O= AFFOR~ BY 7HE POLIC~ BELOW,
INSURE~ ~F~DINO
EXHIBIT "E"
Form 410
Program/Project: Childare Subsidy and Outreach Program
Certification of Nondiscrimination: As suppliers of goods or
services to the City of Palo Alto, the firm and individuals listed
below certify that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry,
disability, or sexual preference; that they are in compliance with all
Federal, State and local directives and executive orders regarding
nondiscrimination in employment.
Agency: Palo Alto Community Child Care
Signature: