HomeMy WebLinkAbout27914 / 75-160
NOV 2 01975
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# 16 RESOLUTION
BE TT RESOLVED by the Comman Council of i�he Ci:f:y o� dsYikasri
-�hat the proper City officia3�s are hereby authori.zed and directed
to enter into an appropriate agrepmerz� with ti�e Area 1�gency on
Aging, District III, Inc. for comprehensive and coordinated
services to serve older persons saithin our City.
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PJRCHASE AGREEI�ZENT
THIS AGREEMENT made and entered into by and betw��n the
A�aa Ag�ncy on Aging, District III, Inc. (hereinafter referred
to as "AA.A" �_ and ..
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(he=einafter referred tQ as PROVIDERl.
WITNESSETH:
WHEREAS`'the AAA has entered in�.o a�ontract with the
Wisconsin Departmen� of �iealtY� and Socia�. Serva.ces, ni�visior�
on Aging for a grant to encourage and as�i.s� zn �h� itev�ia�amen�
of comprehen�ive and. coordinated service systems to serve
Q:�a_y cz_sor_s t�i-chin ih: c�un�.ies of Ca1�u.�n�tj Fond clu Lac, _
Green.Lake; 2yiarquettef_Outagamie, Waushara� Waupaca and t+�inn�bago .
�ursuant to Title ZII of the Older Americans Act of 1965,
as anended, and; .
WHEREAS, the AAA has approved the purchase from the
PR�VIDER of the service(si enumerated herein; and
WHEP.EAS, the PROVIDER is able, willinc� and properl.y
licensed and/ar certified (where requa.redj to furni.sh the
a�rvice (s� h�r�in specif ied;
2d0�1, TFiERr.FORE, in consileration of the mutual, undertakinq�
And agreements hereinafter set forth, the AAA and PROVIDER
agree as folloais e
1. SCOPE OF SERVICES: The PROVIDER shal�. in a manner'
sa�isfactory to th� Director of the A,�1A, or his/her
" designated representative perform Services set.forth in
the �ork progra��n which is attached ancl made part of this
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contract (Attachment I�� These services shall be provided
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to eligible perso�zs who are si�:ty (60) years of age or over.
Other conditions pertaining to these Services shall include,
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but �ot'be limitea to ��he followz�lg.
A. The YRGVIDER shal? attain maximum service delivery
ca�ability withir. _ 30
of delivery of services.
days a.f ter the commencement
B. The P�OVID�R a��rees to serve �1�. parJons e�.igible
_ for services under this Agre�ment xeg�rclless of other
criteria for serv.i.ces usually a.pplies Y��• t�ie QROVTDER
a�d furthe� �.grees x�ot to :cef:��e servicc i:c�� ar�y persar,
3etermir_ecl to be e1.�g�,ble fQr uer_vice px�viding that
snari��ui� scrvic;e ��otential has not b�en rEa�hed.
G. T:�e ?RC�VIDER a.gr_ees to ma}�.e every e�tor�. tc maintain
sufficient staff, iacilities, �quipment, etr.. , in
orc�er to deliver the agreed upon serviccs; and the
PFtOJI�E� further ayrees to notify th� A.AA when�ver
it is unabie to do so, or is gaing to be unable to
�rovide the required c�ual�tv and,�o-r c�i�antity af
services.
2. TIi�4E Or PERFG�IA��CE: �he PtZOVIDEF.'a services shall
begin oi� ��bru�ry 1, 1a76 and be cam�leted
on Jur:e 30 f 1476 A This agr��ement shali expire on the
30�h day of `7t1`�� , 19 75 , there beiiig no �rovision
� for autoraatic renewal of this agre�^ment.
3. TEt�1I_�11�TI0% OF Pt,RLH:�SLD SEi2V.T_CES :
(a) 'rhe PROVIDI�R raa� uisc�nti�.ue provi3ing purchased
services Suring the course of this agre�ment for any
reasons, �rcvi�ed thirty (30j �:.ays advance written
noti�e is furriished ta t:�e ��A�1..
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(b) The A�'�r'i rnay dis��ontinu-� ��urchas�ng services
from the i�ROV�DER cluring the course oF this ayreement
when for gooc� and su€ficient reason, the ?�AA determines
that the �ROVIUER is noL �roviding the type a�d quality
of purchased service speci.f_ied within �this agreement. i
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VJritten notice by cer�ifie3 mai.1 to th.e PROVZDER �
is required by the A�1A �rior to a disc�ntintzance of . !
purchased services. The AAA and �ROVIDER shali.
administratively attAmpt to reso�ve such �ssu�s
prior to �iscantinuance.
(c) It is expressly u�zderstood ar�d agre�d that the
parties' rights and cbli:�a`i.ons here�:rlder are conditio�:al
upon securing the app.roY�al of t�.e necessary local,
state and federal au�horiti_es for the purc ;a�e �y '
the A.�A of the Yurchased services hereinabove specified.
It is €urther unders-�ood an� agrsea that i:� the �vent
that fun�ing or reim'.�urs�mEnt to the A1�A fro,n 1o�al�
state anr; federal sosrces is not �btained �nd con•tinued
at an aggregate levcl suTficient to allovr �or the
purchase by the h1�1'� oi tk!.e i.ndicated quar�t.;_ty o�
purchas�3 servic�s' the obligatior�s of each pa.rty
here�ander sha11 be tenninat�cl �orth�aith upon written
notice to the PRO�'ILER b•� the ?�A�i, provided that any
termination of this a�ree:nent shall k�e without
,�rejuczice to any o}�1ig�a tions �r liabilities of eith°r
party al.ready accure:i Y-rior to such t�r:nina.tion.
4. CONI�Ei�SATIO�J:
,�q. 2'he YRCVIDFR sh�ll bc pai�? for servi�es as
de scr ibed in �'�ttacr.men 4 i.
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B. The AAA and the Provider agree that f iscal audit and review
shall be initiated within the first three (3) months of the
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project initiation to determine projec� r_osts-under this agree-- �
� ment. Where such audit and.review reveal that re-- negotiation �
of serva:ce and/or cos� zs in orderE proceclures to adjust ine- �
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quities to either or both pa�ties sha3.1 be institu�ed.
C. It is expressly understood and agree�i that in no event wi11 '���
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the total amount paid tQ the Prova.der �by the 1� £or a��. ser-- ,��
vices to be performed hereunder exceed the ma�imum�sum o� �
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$4,r£;�.�JC � �
5. P:ROCEDUR:a,, P�Yi�IEVT FOR SERVICE$ : $
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U�on. receipt of written request stating_ the date the--project --
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will begin, the AAA, following execution of this agreement, �
shall advance to the PP.O�TIDER an amcu�t suffi,cient to cover the
costs of purchased services to be furnished by the PROVIDER
during the first two calendar months of this �greement. Further
monthly ad�ancements shall.be made to the PROVIDER by the AAA
within the first seven (7} days of each contract calendar month.-�
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The PROVIDER shall submit an invoice to the �AA within the first �
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seven (7) days of each contract calendar_ month� All advancements �
which exceed monies earned by the PROVIDER pursuant to the terms._�
of this agreement, shal2 be set off against iuture contractual
advancements and, if outstanding at the term.�nation o� this
agreement, be repaid forthwith to the AAA.
ti�T:�eze the PROVIDER does not expend at least 5�% of the total
eontract monies al.located within this agreement within the fisrt
three quarters (3/4) of this aqreement,
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the AAA may reduce ttie c�:�tY�act maximant to reflect the
under-expenditure w,lich reduction caould release the
under-ex�encied iunas froi:� a cor.u�litr•lent to the PROVIDER
under the terms of this agreement.
6 . ��TITHiiOi,DlydG OF i�AYi�I�c1T -
The AAA re�erves the right to withhold all or part
of the monthly pay�u�nt, otherwise payable ta the PROVTDER
for furni�h� ng �urcl�.ased �ervi��� ��shere ti�c 7��7� has
mad� a deter:aination based u�ao� good and sufficient reason
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The amount withheld shall �nly be tne amount in ciisputG..
v7ritten notice by certiriea mail �to the PROVIDER is required
Ay the AAA l�rior to :Yie caithholding of payment by the AAA.
The AAA anci PROVIDER snall attei:►pt to acim� nistratively
resolve such issues �rior to withhoJ.ding of �ayment.
7. AUDI�i' A:VD R�Ct�RD:
The �ROViD�:R shall i,laincain an3, u�on request, allow
au�norized re��res$nta�iv��� or tiie t'�i�i; S�ate �ersonnel,
Fe3eral Personnel, or ani• of -c}ieir duly autliorized repre•-
sentatives, to have accPSS to such {inancial arid service
records as ir�ay be necessarj• to �onfirin the PROVIDER' S
co�pliance with �the s�e;:if ica-tions of tiiis arreeiae_zt,
at any tir:e �luring norn�al business hours, an�i as o-� ten ;
as necessary aurin-� the course of tnis arreement, ana for
post contract audit. �:ie P�'OVIDE? sliall rnaintain written
descrivtive care and �ervic:e v�riiication incl�ading the
dates of servic�s perf�r::�e�t for all of t�:e rurchassd
Servicss rendered ancl ��f�all raake available such written
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clearly identi�ied ana reasily accessi�le docur:lentation
of costs sup�orted by pro�erly executed payrolls, time
records, invoices, contracts, vouchers, or other official
docurientation eviaenci�lg in Z�roper detail the nature and
propriety of the service �rovided. The PROVIDER shall
maintain al.l such recorc�s for a periad of three years
after recei�t of the final paynent under this agreement.
The records sha11 be re�ained beyand the three-�year period
if an au3it a.s in �rogress or exce�tions �ave not been
resolve�. The PROiTID�R shall be forward�d copies of any
?r;� � i i t2i�0'-'i..S; �1ri:.12I_�S` c _1�� =eCOTTLTtic'.I?C�at''..J_O?ZS �'°S'alting
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fro� any f inancial or servi.ee-. aucxit. . -. -- -_ _-
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8. DISCLOSURE: . " '�
The PROVIDLi� r.�tay not disc? ose a�y i.nformation about
or obtained froi� a yualified recipieait in a form identifiable
�aith the c�ualified recipient without the informed consent
of t�e qualiiied reci�ient and of the AA�'; �or any purpo�e
other than thz adminiszration of l�urchased services. The '
Lse oL namesy addresses, or any other inforrtation obtained
relative to the elcierly serviced by this agreement for
commercial purposes �s prohibited.
- 9 . DISCrZIt�iIt:ATIO::d :
A qualified recipient Ghall nat b� deniec� purchused
- � services and shall no� �e cliscrimi;�atea against w,iile
- receiving purchasea servi��es for .reason of race, sex,
color, creed or na-tional oriq�.n. Purcnased services
shall be provided and auiainistered in accor.dar.ce with
iitle VI of t�ie Civil Ri�hts .'�ct of 13G4.
lp. I?�D�y�IiJI�`1�Ai1D Ii�LD :sAr�•iLi�S5:
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of tnis agreement indesnnify and hold harnless the �
and its members against any and all liability, claims
losses, damages, costs and expenses which they may sustain,
incur or be required to pay by virtue of the act of omission
of the PROVIDER.
Il. CONTRIBUTIONS:
Older persons receiving services under this agreement
shall be given th.e oppo�tunity.by the PROVIDER to contribute
ta a�.l. �� pa�� of th� �os�ts c�� the �er_vice� �rat�ieled..
Each quali�ied recipient shall determine for himself
;�_ a�. �� o� s'_-�e is ab1P �o con�ri�a�� �oc3aLd the cosc. o_�
the service provicled. No.older person shall be denied
services under the terms of this agreement because of his
or her failure to contribute to all or part of the cost
of such service. The methods for receiving contributions
shaZl be determined by and between the AAA and PROVIDER.
12. PUBLICATIO�tS:
(a� Any books, reports, pamphlets, papers, or articles
based on activities receiving supporc under Title III
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must contain an acknowledgment of that support.
(b� Tne AAA reserves the right to obtain free of
charge up to 12 copies of any publication published as
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part of the purchased service operations herein described,
eiLT2er fo� itself or for relevant Feaeral and State
au�'rnorities.
Cc) �4here purchased service operations �esult in a
boo?t or other copyrightable material, the author is free
to obtain a copyright, but the Federal Administration an
Aging reserves a royalty�free, non-exclusive, and irrevocable
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license to reproduce, publish, or otherwise use, or authorize others
to use, all such material.
13. ADDITIONAL TERMS AND CONDITIONS :
� This contract is subject to and incorporates Attachment I and
made a part hereof. � :
13A. Terms,Conditions, and Assurances - ��
The undersigned �CGep�� as ta an� praga�am su�apor-k or cantract
awarded, the obligation to comgly w� th th� �oJll_awa.ng ;
(�-j U�.S. Administration on Aging and W�.scar�sin State l�i�a.sian on
Aging rules,ax�d regu�.atians fo� proc�i_�ms tzx-adc.r thP ���.c3�:� Am�ri��ris
Act which. are in effect at the time of the award;
(2j Civil Rights Act of 1.964 and th� state �.aw� pertair�ing to ec�ual
emplaym�nt opnortunity. The undersignEd also certify that they have
no commitmen�Es o� obligations inconsistent with campliance with
such regu�ations of �ne Older A;�ericans Act.
The unaersigned further offers the follo�ring assurancss:
�1. Environment _
- 1. The service site meets minimum standards of the l.ocal
Building, Fire, and Health Departments. �
2.' The service site has adec�uate space and equigment.
3. The facility is properly licensed, if a license is
required, for the services offered by the.site.
B. Sponsor Goals �
1. The services of the PROVIDER serve to lessen the
isolation of the elderly and to maitain thei.r independence i.n the
community. . .. � ' " . -
2. The PROVIDER has a commitment to identify participant
needs and establish linkage for delivery of needed services.
3. The PROVIDER will demonstrate eff�ctive planning for
progressive program mainta�.nance through its own resources.
C. Staffing
� 1.. The PROVIDER is wi.11ing to employ staf f cvho ref lect
tl�e make-up oF the primar�Z service population. :
2e The PROVIDER �,��ill not discriminate in its employment
policies as to race, age, creed, sex, or national origin, but will,
as appropriate, reach out to employ people 60 years and older,
3. The PRO�'IDER wi11 provide proper supervision for the
proposed services, specify supervisory responsibilities, and the
amount of time to be allocated to such responsibilit�es.
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D. Training
The PROVIDER is willing to include staff of the
Area Agency on Aging in its own orientation and training
programs.
E. Evaluation
1. The PROVIDER will assis� the Area Agency on
Aging in reporting and/ or research requirements.
2. The PROVIDER will use thase official forms re-
quired by the Area Agency on Aging to provide data on the
proposed program� Such data may include recozds of service
provided, monies received from participants, attendance, .
etci '
F. Inter-a�enc� Relations
1.. �!?�' pP.n�!In�� W1'l� i?rJl '.'�? 1Z: CO:?i�.1C-i_ ��71L'it ±'='t°
� �a ���' �03i� and poli;:ies of tne Area Age�:cy on Ag.inc,r �
2. The PROVIDER will permiL designaLed stati of
the Area Agency on Aging to participate ex officio in ad-- -
visory councils, community groups, and committees created _
for and specifial?y rel.ating to the proposed program o�
service, and c,rill pravide the Area Agency on:Aging with
notice of ineeting of such groups.. �
G. Public Relations
1. The PROVID:�R is willing to participate in pro-
gram promotion through the various news and public infor--
mation nedia. � �
2. The PROVIDER will acknowledge the sponsorsh��
o` ti:e �ea Agency on Aging on al1 announce:�tents of th`
program, ba.it will not attribute t� the Area Agency on Aging
any statement witfiout prior written clearance. ,
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PLEASE READ THIS CONTRACT
Guidelines for Reporting
Monthly Report �
l� 103 Forrr� - Cash a�d Tn-Kind (Pl�ase double check
youx� �dd�.tior, anc� c.�rry �atals over to
�h�. �.gp�c�pr�at�c, c�01_lIFCtII.
2. Project Pragress R�port
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Evaluation
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3rd & 5th months for proje�ts less than 1U manths.
4th & 8th months for projects 16 months -.1 year.
On Site Evaluations as Appropriate ana/or Requested -
Provision of Title III Funds to Pr.avider is contingent
on adherence to this Contract, Guide�ines and acceptable
� reporting.
Changes and/or adjustments will be considered valid
only if presented by Prouide� in.writing and sanct`ioned
by Agency Executive Director in writing. �
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14. ADDRESSES :
The addresses below given shall constitute the official
addresses of the AA.A and the PROVIDER .for the furnishing of
all bills, invoices, and notices under the terms and conditions
of this agreement:
AA.A: Area Agency on Aging, District III �nc.
314 A West Wisconsin Ave
Appleton, Wisconsin 54911
PROVIDER :
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I?i Y��.LLIL�J G�IHEREO� ,���is agre�m�n-4 shall ae efiecriv� as
of the day of ,�.9 , upon the
execution of this agreement as provided bolow.
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Dated this day of � lg �
President, Area Agency on Aging,
District IIi, Inc.
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Personally came before me this day of ,
19 , the above named
President of the Area Agency on Aging, District IiI, Inc. to
me known. to be the person wfio executed th� foregoinc� instrt�rnent
on behalf of the Area Agency and acknowledged �he same to be
the free act and deed of said Area Agency on Aginc�, made by
its autlzority.
_ Notary Public = County, Wisconsin
]�Iy cor���si.on expi�es:
_ Dated this day of , �9 .
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_ - . . Service Provider Representative
_ Dated this day of _ -� l�
e
Personally came before�me this day of ,
19 , tfie above named `-' -
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, to me known to be such officer of said
agency, and acknowledged that he executed the foregoing
instrument as such officer as the deed of said a_qency, by its •
autf?ority.
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Notary Public = County, Wisconsin
My commission expires:
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