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Home My WebLink About35667 / 89-428 DECEMBER 21 , 1989 #428 RESC�LL]TIC)N (CARRIED_ _ _ _ _ _ _ LC)ST_ _ _ _ _ _ _ LAID GVER_ _ _ _ _ _ _ WITHURAWN_ _ _ _ __ _ ) � PURPGSE : ACCEPT FL1NL)S FOK 199C► FRUM WINNEBAGO CC)UNTY ANU APPROVE EXENSIUN OF C:s:)NTRACTS INITIATED BY : DEPARTMENT C)F CC)MMtINITY DEVELCIPMENT 4 WHEREAS, the City of C)shkash has contract�d with Wiiinek�ago County in the past for monies to help sizpport the I)ial-A-Ride and C�lder Adult Health Programs to serve older• adults wit�iin the Gity of Qshkosh; ar�d WHEREAS , the City �las �pplied for and t�een granted funds for 1990 , more specifically $27 , C►t1C1 . C1C1 , by WinneUago C:ounty for said programs . NGW, THEREFORE , BE IT RESe:)LVED by the C:ommon Cauncil of the City of C)shkosh that funds from Winnebago CdUIlty for 1990 for the above referenced programs are hereby accepted and the proper t:ity officials are hereUy authori�ed and directed to eilter' lllt0 the attached Exten�ion of Contracts wit�i W1.IITIGL�c�g�� C:aunty for said funds . SUBh�ITTED BY �:..��i�l,l�l'�^JJJ (,//`/��I`'� - 21 - � � Res. #428 CoNTRACT Between WINNEBAGO COUNTY COMMITTEE ON AGING and OSHROSH SENIORS CENTER (Oshkosh Dial-A-Ride) This CONTRACT is made and entered into this day of , by and between WINNEBAGO COUNTY COMMITTEE ON AGING, hereinafter referred to as "PURCHASER" , and OSHKOSH SENIORS CENTER (Oshkosh Dial-A-Ride) hereinafter referred to as "RECIPIENT" , for the period from January 1, 1990 through December 31, 1990. WITNESSETH: WHEREAS, the PURCHASER has applied for financial assistance to the Wisconsin State Bureau of Aging for funds provided through the Federal Older Americans Act; and WHEREAS, the PURCHASER has applied for financial assistance to the Wisconsin Department of Transportation for funds provided through the Elderly and Handicapped Transportation Assistance Program: and, WHEREAS, the PURCHASER has provided monies for. development of programs to older adults; and WHEREAS, the Winnebago County Committee on Aging desires to provide financial assistance to RECIPIENT in carrying out a service to older adults in Winnebago County; NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is agreed as follows: SECTION I: RESPONSIBILITIES OF RECIPIEN`P A. RECIPIENT agrees to use monies provided through this CONTRACT to undertake the aforementioned service program to older adults identified by name and generally as described in the Winnebaao County Plan and Budget for Services to Older Adults 1988-1990, which is hereby incorporated by reference into this CONTRACT. B. RECIPIENT agrees to obtain prior approval from the PURCHASER if funds covered under this CONTRACT are to be used for purposes other than those described in Section III of the aforementioned Plan and Budget. -1- - 21a - � Res. #428 C. RECIPIENT shall adhere to Assurances of Com�liance with Federal and State Regulations as described in Section IV of the aforementioned Plan and Budget. SEGTION II: BUDGET � PAYMENT PROCEDURES A. PURCHASER agrees to provide the RECIPIENT with funding as follows: $ -0- of Federal Older Americans Act funds $ 18 , 000. 00 of State of Wisconsin funds $ -0- of County funds B. RECIPIENT agrees to provide the matching share as follows: $ 1 , 200. 00 In Kind Match $ 9 , 000. 00 Cash Match The term "In-Kind Match" shall have a meaning as defined in the Wisconsin Aging Network Policies and Procedures Manual, a copy of which shall be provided by PURCHASER to RECIPIENT. Cash Match and In-Kind Match shall be applied toward the cost of Older Adult program(s) funded through this CONTRACT. Insufficient match by RECIPIENT may reduce the Federal and/or State funded amount. C. RECIPIENT agrees to provide to PURCHASER monthly fiscal reports within ten (10) working days of the end of each calendar month and to complete other reports as requested by PURCHASER. PURCHASER shall reimburse RECIPIENT within ten (10) days of the report due date with payment based upon actual expenses reported by RECIPIENT. D. RECIPIENT may in no case obligate Federal, State, or County monies provided through this contract beyond December 31, 1990. Obligated funds not actually expended by RECIPIENT must be returned to the PURCHASER within thirty (30) days. SECTION III: AUDIT AND RECORD DISCLOSURES A. RECIPIENT shall maintain financial and accounting records, supporting documents, reports, and other materials pertinent to this CONTRACT in accordance with the Wisconsin Department of Health & Social Services Allowable Cost Policies Manual and shall retain such records and supporting documentation for a period of at least three years from the date of termination of this CONTRACT. -2- - 21b - � � Res. #428 B. RECIPIENT shall, upon request, allow representatives of the Federal Administration of Aging, Lake Winnebago Area Agency on Aging, State of Wisconsin and/or PURCHASER to have access to such records as may be necessary to confirm compliance with the specifications of this CONTRACT. C. RECIPIENT shall submit to PURCHASER, within 210 daXs from the termination of this CONTRACT, a certified annual financial and compliance audit report completed in accordance with the Department of .Health & Social Services Provider Agency Audit Guide and (for governmental agencies) the Federal Government Office of Management and Budget OMB Circular A-128 or (for non-governmental agencies) the Federal Government Office of Management and Budget OMB Circular A-133 . In order for the audit requirements to be waived, PURCHASER'S approval must be obtained prior to execution of this CONTKACT. D. In the event that the PURCHASER determines that amounts are owed to it by the RECIPIENT subsequent to receiving the audit report, PURCHASER is hereby authorized to deduct such sums from any funds approved for payment by PURCHASER to RECIPIENT. SEGTION IV: INDII�IIIITY AND INSURANCE A. RECIPIENT agrees that it will at all times, during the existence of this CONTRACT indemnify PURCHASER against any and all loss, damage and costs or expenses which PURCHASER may sustain, incur or be required to pay by reason of any person or entity suffering personal injury, death or property loss sustained as a result of RECIPIENT's acts or omissions while any eligible person is participating in or receiving the care or services to be furnished by RECIPIENT under this CONTRACT; however, the provisions of this �paragraph shall not apply to liabilities, losses, charges, costs or expenses caused by PURCHASER. B. RECIPIENT shall furnish PURCHASER with a Certificate of Insurance indicatinc� proof of the followinc� insurance from companies licensed in the State of Wisconsin: 1. Workman's Compensation - statutory - in compliance with the Compensation law of the State. 2 . Commercial General Liability Insurance with a minimum limit of $1, 000, 000 Combined Single Limit for Bodily Injury and Property Damage Liability. The above limits can be obtained with a basic limits General Liability policy or combination of a basic limits General Liability policy and Umbrella policy. This insurance shall include on the Certificate of Insurance the following coverages: a. Premises - Operations b. Products and Completed Operations -3- - 21c - • � Res. #428 c. Broad Form Property Damage d. Broad Form Blanket Contractual e. Personal Injury f. Professional Liability(Medical Malpractice) if applicable 3 . Automobile Liability Insurance with a minimum of $1, 000, 000 Combined Single Limit for Bodily Injury and Property Damage Liability. The above limits can be obtained with a basic limits Automobile Liability policy or combination of a basic limits Automobile Liability policy and Umbrella policy. This insurance shall include Bodily Injury and Property Damage for the following coverages: a. Owned Automobiles b. Hired Automobiles c. Non-owned Automobiles C. Such insurance shall include Winnebago County as an additional insured as pertains to the negligence of the RECIPIENT. D. Such insurance shall include a thirty (30) day notice prior to cancellation or material policy change, which notice shall be given to the Winnebago County Insurance Administrator, care of Courthouse, Oshkosh, Wisconsin 54903 . All such notices will name the RECIPIENT and identify the CONTRACT. SECTION V: NON-DISCRIMINATION A. In connection with the performance of work or the rendering of any services under this contract, the RECIPIENT agrees not to discriminate against any properly qualified employee or applicant for employment because of any status protected pursuant to s. 111. 321, Wisconsin Statutes, or developmental disabilitx as defined in s. 51. 05 (5) , Wisconsin Statutes. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ap�renticeship. The RECIPIENT further agrees to take affirmative action to ensure equal employment opportunities. RECIPIENT agrees to post in a conspicuous place available for employees and applicants for employment notices to be provided by the RECIPIENT'S contract administrator setting forth the provisions of the non-discrimination clause. -4- - 21d - Res. #428 B. No eligible client shall be denied services or be subjected to discrimination because of any status protected pursuant to s. 111. 321, Wisconsin Statutes, or developmental disability as defined in s. 51. 05 (5) , Wisconsin Statutes. SECTION VI: CONTRACT REVISIONS AND/OR TERI�INATIONS A. Failure to comply with any part of this contract may be considered cause for revision or termination. B. Revision of this contract must be agreed to b� PURCHASER and RECIPIENT by an addendum signed by the authorized representa- tives of both parties. C. RECIPIENT shall notify PURCHASER whenever it is unable to provide the required quality or quantity of services. Upon such notification, PURCHASER and RECIPIENT shall determine whether such inability will require a revision or cancellation of this contract. D. If PURCHASER finds it necessary to terminate the contract prior to the contract expiration date for reasons other than non-performance by the RECIPIENT, actual cost incurred by the RECIPIENT may be reimbursed for an amount determined by mutual agreement of both parties. E. This contract can be terminated by 30-day written notice by either party. SECTION VII: CONDITIONS OF THE PARTIES OBLIGATIONS A. This CONTRACT is contingent upon authorization of Wisconsin and United States laws and any material amendment or repeal of the same affecting relevant fundinc� or authority of the PURCHASER shall serve to terminate this contract, except as further agreed to by the parties hereto. B. Nothing contained in this contract shall be construed to supersede the lawful powers or duties of either party. C. It is understood and agreed that the entire contract between the parties is contained herein, and that this contract supersedes all oral agreements and negotiations between the parties relating to the subject matter thereof. -5- - 21e - . � Res. #428 SECTION VIII: AUTIiORIZATION PURCHASER enters into this CONTRACT pursuant to and by authority of the Winnebago County Committee on Aging and Winnebago County Board of Supervisors. RECIPIENT enters into this CONTRACT pursuant to and by authority of its Board of Directors, City Council, or other governing body which has legal authority to enter into contractual agreements. Dated at Oshkosh, Wisconsin, this day of , 19 PURCHASER RECIPIENT Winnebago County Oshkosh Seniors Center Committee on Aging By: Mark Weisensel William D. Frueh Director of Elderly Services City Manager City of Oshkosh John W. Pence, Attorney City of Oshkosh Donna C. Serwas, Clerk City of Oshkosh Approved by: Paul W. Stevenson, County Executive This Instrument Approved as to Form By: John A. Bodnar Assistant Corporation Counsel Winnebago County, Wisconsin -6- - 21f - Res. #428 CONTRACT Between WINNEBAGO COUNTY COZ�IIrIITTEE ON AGING and OSHROSH SENIORS CENTER (Older Adult Health Program) This CONTRACT is made and entered into this day of , by and between WINNEBAGO COUNTY COMMITTEE ON AGING, hereinafter referred to as "PURCHASER" , and OSHKOSH SENIORS CENTER (Older Adult Health Program) hereinafter referred to as "RECIPIENT" , for the period from January 1, 1990 through December 31, 1990. WITNESSETIi: WHEREAS, the PURCHASER has applied for financial assistance to the Wisconsin State Bureau of Aging for funds provided through the Federal Older Americans Act; and WHEREAS, the PURCHASER has applied for financial assistance to the Wisconsin Department of Transportation for funds provided through the Elderly and Handicapped Transportation Assistance Program: and, WHEREAS, the PURCHASER has provided monies for development of programs to older adults; and WHEREAS, the Winnebago County Committee on Aging desires to provide financial assistance to RECIPIENT in carrying out a service to older adults in Winnebago County; � NOW, THEREFORE, in consideration of the mutual promises and • covenants of the parties hereto, it is agreed as follows: SECTION I: RESPONSIBILITIES OF RECIPIEN'1' A. RECIPIENT agrees to use monies provided through this CONTRACT to undertake the aforementioned service program to older adults identified by name and generally as described in the Winnebago County Plan and Budqet for Services to Older Adults 1988-1990, which is hereby incorporated by reference into this CONTRACT. B. RECIPIENT agrees to obtain prior approval from the PURCHASER if funds covered under this CONTRACT are to be used for ' -1- - 21g - Res. #428 purposes other than those described in Section III of the aforementioned Plan and Budget. C. RECIPIENT shall adhere to Assurances of Com�liance with Federal and State Regulations as described in Section IV of the aforementioned Plan and Budget. SECTION II: BUDGET � PAYMENT PROCEDURES A. PURCHASER agrees to provide the RECIPIENT with funding as follows: $ 9 , 000. 00 of Federal Older Americans Act funds S -0- of State of Wisconsin funds $ -0- of County funds B. RECIPIENT agrees to provide the matching share as follows: � 1, 000. 00 In Kind Match $ 2 . 000. 00 Cash Match The term "In-Kind Match" shall have a meaning as defined in the Wisconsin Aqing Network Policies and Procedures Manual, a copy of which shall be provided by PURCHASER to RECIPIENT. Cash Match and In-Kind Match shall be applied toward the cost of Older Adult program(s) funded through this CONTRACT. Insufficient match by RECIPIENT may reduce the Federal and/or State funded amount. C. RECIPIENT agrees to provide to PURCHASER monthly fiscal reports within ten (10j working days of the end of each calendar month and to complete other reports as requested by PURCHASER. PURCHASER shall reimburse RECIPIENT within ten (10) days of the report due date with payment based upon actual expenses reported by RECIPIENT. D. RECIPIENT may in no case obligate Federal, State, or County monies provided through this contract beyond December 31, 1990. Obligated funds not actually ex�ended by RECIPIENT must be returned to the PURCHASER within thirty (30) days. SECTION III: AUDIT AND RECORD DISCIASURES A. RECIPIENT shall maintain financial and accounting records, supporting documents, reports, and other materials pertinent to this CONTRACT in accordance with the Wisconsin Department of Health & Social Services Allowable Cost Policies Manual and shall retain such records and supporting documentation for a period of at least three years from the date of termination of this CONTRACT. -2- - 21h - Res. #248 B. RECIPIENT shall, upon request, allow re�resentatives of the Federal Administration of Aging, Lake Winnebago Area Agency on Aging, State of Wisconsin and/or PURCHASER to have access to such records as may be necessary to confirm compliance with the specifications of this CONTRACT. C. RECIPIENT shall submit to PURCHASER, within 210 days from the termination of this CONTRACT, a certified annual financial and compliance audit report completed in accordance with the De�artment of Health & Social Services Provider Agency Audit Guide and (for governmental agencies) the Federal Government Office of Management and Budget OMB Circular A-128 or (for non-governmental agencies) the Federal Government Office of Management and Budget OMB Circular A-133 . In order for the audit requirements to be waived, PURCHASER'S approval must be obtained prior to execution of this CONTRACT. D. In the event that the PURCHASER determines that amounts are owed to it by the RECIPIENT subsequent to receiving the audit report, PURCHASER is hereby authorized to �deduct such sums from any funds approved for payment by PURCHASER to RECIPIENT. SECTION N: INDII�IIIITY AND INSURANCE A. RECIPIENT agrees that it will at all times, during the existence of this CONTRACT indemnify PURCHASER against any and all loss, damage and costs or expenses which PURCHASER may sustain, incur or be required to pay by reason of any person or entity suffering personal injury, death or property loss sustained as a result of RECIPIENT's acts or omissions ' while any eligible person is participating in or receiving the care or services to be furnished by RECIPIENT under this CONTRACT; however, the provisions of this paragraph shall not apply to liabilities, losses, charges, costs or expenses caused by PURCHASER. B. RECIPIENT shall furnish PURCHASER with a Certificate of Insurance indicating proof of the following insurance from companies licensed in the State of Wisconsin: 1. Workman's Compensation - statutory - in compliance with the Compensation law of the State. 2 . Commercial General Liability Insurance with a minimum limit of $1, 000, 000 Combined Single Limit for Bodily Injury and Property Damage Liability. The above limits can be obtained with a basic limits General Liability policy or combination of a basic limits General Liability policy and Umbrella policy. This insurance shall include on the Certificate of Insurance the following coverages: a. Premises - Operations b. Products and Completed Operations -3- - 21i - - Res. #428 c. Broad Form Property Damage d. Broad Form Blanket Contractual e. Personal Injury f. Professional Liability(Medical Malpractice) if applicable 3 . Automobile Liability Insurance with a minimum of $1, 000, 000 Combined Single Limit for Bodily Injury and Property Damage Liability. The above limits can be obtained with a basic limits Automobile Liability policy or combination of a basic limits Automobile Liability policy and Umbrella policy. This insurance shall include Bodily Injury and Property Damage for the following coverages: a. Owned Automobiles b. Hired Automobiles c. Non-owned Automobiles C. Such insurance shall include Winnebago County as an additional insured as pertains to the negligence of the RECIPIENT. ' D. Such insurance shall include a thirty (30) day notice prior to cancellation or material policy change, which notice shall be given to the Winnebago County Insurance Administrator, care of Courthouse, Oshkosh, Wisconsin 54903 . All such notices will name the RECIPIENT and identify the CONTRACT. SEGTION V: NON-DISCRIMINATION A. In connection with the performance of work or the rendering of any services under this contract, the RECIPIENT agrees not to discriminate against any properly qualified employee or applicant for employment because of any status protected pursuant to s. 111. 321, Wisconsin Statutes, or developmental disability as defined in s.51. 05 (5) , Wisconsin Statutes. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pa� or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT further agrees to take affirmative action to ensure equal employment opportunities. RECIPIENT agrees to post in a conspicuous place available for employees and applicants for employment notices to be provided by the RECIPIENT'S contract administrator setting forth the proyisions of the non-discrimination clause. -4- - 21j - _ � Res. #428 B. No eligible client shall be denied services or be subjected to discrimination because of any status protected pursuant to s. 111. 321, Wisconsin Statutes, or developmental disability as defined in s. 51. 05 (5) , Wisconsin Statutes. SECTION VI: CONTRl,CT REVISIONS AND/OR TERMINATIONS A. Failure to comply with any part of this contract may be considered cause for revision or termination. B. Revision of this contract must be agreed to by PURCHASER and RECIPIENT by an addendum signed by the authorized representa- tives of both parties. C. RECIPIENT shall notify PURCHASER whenever it is unable to provide the re�uired quality or quantity of services. Upon such notification, PURCHASER and RECIPIENT shall determine whether such inability will require a revision or cancellation of this contract. D. If PURCHASER finds it necessary to terminate the contract prior to the contract expiration date for reasons other than non-performance by the RECIPIENT, actual cost incurred by the RECIPIENT may be reimbursed for an amount determined by mutual agreement of both parties. E. This contract can be terminated by 30-day written notice by either party. SECTION VII: CONDITIONS OF THE PARTIES OBLIGATIONS A. This CONTRACT is contingent upon authorization of Wisconsin and United States laws and any material amendment or repeal of the same affecting relevant funding or authority of the PURCHASER shall serve to terminate this contract, except as further agreed to by the parties hereto. B. Nothing contained in this contract shall be construed to supersede the lawful powers or duties of either party. C. It is understood and agreed that the entire contract between the parties is contained herein, and that this contract supersedes all oral agreements and negotiations between the parties relating to the subject matter thereof. -5- - 21k - Res. #428 SECTION VIII: AIITHORIZATION PURCHASER enters into this CONTRACT pursuant to and by authority of the Winnebago County Committee on Aging and Winnebago County Board of 5upervisors. RECIPIENT enters into this CONTRACT pursuant to and by authority of its Board of Directors, City Council, or other governing body which has legal authority to enter into contractual agreements. Dated at Oshkosh, Wisconsin, this day of , 19 PURCHA.SER RECIPIENT Winnebago County Oshkosh Seniors Center Committee on Aging By: Mark Weisensel William D. Frueh Director of Elderly Services City Manager City of Oshkosh John W. Pence, Attorney City of Oshkosh Donna C. Serwas, Clerk City of Oshkosh Approved by: Paul W. Stevenson, County Executive This Instrument Approved as to Form By: John A. Bodnar Assistant Corporation Counsel Winnebago County, Wisconsin -6- - 21L - c� 3 0 ° o � m D o ro �7 --1 n � � N � � p � i c+ "C7 rn z �" D� � � p .. �p 1 � •• "S � S2o C O� N �- D � ZDD -' � � �- O -G � � � � mmo szo � �.-.� p�p � N � U'i l� 0. �� lD m -s x �o � � a �o 0 �. � c cn -n ..� �. � rr o 0 � � m o � .` a �, �• � � �J� � � � � � � �� C'�' P� O � O � co (� -S c-F � � � � � -srws°