1980-180-Approving Agreement For Ombudsman ProgramRESOLUTION NO. 1980 -180
A RESOLUTION APPROVING AGREE-
MENT FOR OMBUDSMAN PROGRAM.
RESOLVED, by the Town Council of the Town of Los Gatos, that the
attached Agreement for Ombudsman Program for Older Individual Residents
of Long -Term Care Facilities between the Town and Catholic Social Service
of Santa Clara County is hereby approved, and the Mayor is authorized to
execute same on behalf of the Town.
regular
PASSED AND ADOPTED at a continued / meeting of the Town Council of
the Town of Los Gatos held on the 2nd day of December
1960, by the following vote:
AYES:
COUNCIL
MEMBERS MarLyn J. Rasmussen, Peter
W. Siemens, Brent N.
Ventura
and Thomas J.
Ferrito
NOES:
COUNCIL
MEMBERS None
ABSTAIN:
COUNCIL
MEMBERS None
ABSENT:
COUNCIL
MEMBERS Ruth
Cannon
LTHE
SIGNED:
6OR OF
TON OF
LO GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GrS
AGREEMENT FOR OMBUDSMAN PROGRAM
FOR OLDER INDIVIDUAL RESIDENTS OF
LONG -TERM CARE FACILITIES
THIS AGREEMENT, made and entered into this
2nd day of December , 1 980, by and between
the Town of Los Gatos, a municipal corporation of the State
of California (hereinafter called "Town "), and Catholic
Social Service of Santa Clara County, a non - profit
corporation of the State of California (hereinafter referred
to as "Contractor ") :
W I T N E S S E T H:
WHEREAS, the Contractor receives funding through
the Council on Aging of Santa Clara County, Inc., for the
purpose of operating a long -term care ombudsman program
throughout Santa Clara County for older individual residents
of long -term care facilities as said ombudsman program is
provided for in the Older Americans Act as amended and as
said Act is'supplemented by Rules and Regulations issued
by the Office of Human Development Services, Department of
Health, Education and Welfare; and
WHEREAS, the Town desires to contribute additional
funding to the Contractor in order for the Contractor to
expand its long -term care ombudsman program so that more
citizens of the Town of Los Gatos may benefit from said
ombudsman program.
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NOW, THEREFORE, for and in consideration of the
promises, covenants and provisions hereinafter set forth,
the parties hereto do agree as follows:
1. Term Of Agreement. This Agreement shall be
for a term commencing on November 1, 1980, and expiring
on June 30, 1981, unless terminated earlier in accordance
with provisions herein. The parties hereto agree that
either party may terminate this Agreement at any time by
giving the other party not less than thirty (30) days'
written notice in advance of such termination.
2. Responsibilities Of Contractor.
a. During the term of this Agreement, the
Contractor agrees to operate a long -term care ombudsman
program within the Town of Los Gatos and serving older
individual residents of the Town in long -term care facilities
in the Town. Said ombudsman program shall be operated in
accordance with the provisions of the Older Americans Act
as amended as said Act is supplemented by applicable Federal
and State rules and regulations and shall:
(1) Investigate and resolve complaints
made by or on behalf of older individuals who are residents
of long -term care facilities relating to administrative action
which may adversely affect the health, safety, welfare, and
rights of such residents;
(2) Monitor the development and implement-
ation of Federal, State and local laws, regulations and
policies with respect to long -term care facilities in the
State of California;
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(3) Provide information as appropriate
to public agencies regarding the problems of older individuals
residing in long -term care facilities; and
(4) Provide for training volunteers and
promote the development of citizen organizations to parti-
cipate in the ombudsman program.
b, The Contractor agrees the long -term care
ombudsman program provided by the Contractor pursuant to
the provisions of this Agreement shall be in addition and
supplemental to such an ombudsman program provided within
the County of Santa Clara from any grant of Federal Funds
and donations from other sources for said purpose and that
the Town's contribution, as provided in this Agreement, shall
not operate to diminish in any manner that part of the long-
term care ombudsman program which the Contractor would provide
in the absence of contribution.
3. Payment For Services. In exchange for the
foregoing services, the Town shall pay to Contractor the
following sums at the following times: $ 3,177.5
within thirty (30) days of execution of this Agreement, and
every two (2) months thereafter until a total of $ 12,710.00
has been paid. The parties agree that the obligation under
this paragraph is solely that of the Town's.
4. Reports. The Contractor shall maintain complete
and accurate books, reports, records and accounts related to
Contractor's activities under this Agreement which shall be
kept by the Contractor throughout the term of this Agreement
and for a period of three (3) years thereafter, or until
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audit has been completed, whichever is later. All books,
records, reports and accounts maintained pursuant to this
Agreement, shall be open to inspection and audit by the
Town's Auditor or any other designated Town representative
upon demand at any reasonable time through the term of this
Agreement or for a period of three (3) years thereafter. The
Contractor agrees that the Town shall have the right to
receive copies of any or all of the aforementioned documents.
In addition, the Contractor shall compile and
furnish the following reports:
a. Monthly: (1) a printout of all expenditures
for the month; and (2) a progress report for the month.
b. No later than thirty (30) days after the
expiration or termination of this Agreement: A complete
statement of its expenditures for all purposes in the
operation of said program during the term of this Agreement.
The Contractor further agrees to refund to the Town, within
sixty (60) days following the expiration or termination of
this Agreement, any portion of the Town's contribution
which has not been expended in accordance with the terms
of this Agreement.
5. The Town's Right To Monitor. The Parties
hereto agree that the Town shall have the right to monitor
all performance by Contractor pursuant to this Agreement
and to review all Contractor records, reports and procedures
related thereto to assure that the purposes of this agreement
are being fulfilled, that applicable Federal and State rules
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and regulations are met, and that adequate internal fiscal
controls are maintained. If in the course of monitoring,
the Town discovers any practice, procedure or policy of
Contractor which is violative of Federal or State rules or
regulations which threatens the success of the program
contemplated by this Agreement or which jeopardizes the
fiscal integrity of said program, the Town shall give
Contractor written notice of such discrepancy or discrepancies
and request that the Contractor correct the same in a manner
satisfactory to the Town in not more than ten (10) days
after the notice.
6. Termination For Cause
The Town may terminate
this Agreement immediately by furnishing written notice of
same to Contractor upon:
a. A determination by the Town that ter-
mination is appropriate due to Contractor's failure to
correct a discrepancy or discrepancies within ten (10) days
after notice under the provisions of paragraph 4 above.,
7. Independent Contractor. In the performance of
this Agreement, the Contractor shall be and act as an
independent contractor, and not as an officer, agent or
employee of the Town.
8. Indemnification /Hold Harmless. The Contractor
shall assume the defense of hold harmless and indemnify
the Town of Los Gatos or its officers, agents and employees
from any and all claims, liability, loss or damage to persons
or property, and expense (including all attorney's fees, costs
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and expenses of litigation) which in any way arises out of
Contractor's performance of this Agreement.
9. Liability Insurance. The Contractor, at Con-
tractor's own cost_ and expense, shall pay for and maintain
throughout the term of this Agreement a policy or policies
of Comprehensive General Liability insurance. Said policy
or policies must provide coverage for bodily injury, property
damage, Personal Injury and Broad Form Contractual with
limit of liability of not less than $1,000,000 Combined
Single Limit. Each policy must be endorsed and meet other
insurance requirements as set forth in paragraph 10 below.
10. Workers' Compensation Insurance. The Con-
tractor, at Contractor's own cost and expense, shall main-
tain in full force and effect during the term of this Agreement,
a workers' Compensation insurance policy with not less than
statutory limit of liability as set forth by the State of
California, including not less than $100,000 Employers'
Liability coverage. The provisions of paragraph 11 below,
must be met with respect to endorsements and other insurance
requirements.
11. Endorsements /Other Insurance Requirements.
a. Each policy providing coverage as required
by paragraphs 8 and 9 above, must have endorsements providing:
(1) That the Town of Los Gatos and the
S.C.C., its officers, agents and employees are additional
insureds;
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(2) That the insurance provided by the
policy shall be primary insurance as respects any other
valid and collectible insurance the Town of Los Gatos may
possess, and that any other insurance will be considered in
excess, only;
(3) That not less than sixty (60) days'
written notice will be given to the Town of Los Gatos and
before cancellation or reduction in coverage, for any reason;
(4) That the policy will act to cover each
insured and each additional insured as though a separate
policy were written for each.
b. All policies and endorsements required by
provisions in this Agreement are subject to approval of the
Town and must be filed with the President of the Board of
the Town of the Los Gatos Area, Inc., Box 1333, Los Gatos,
CA 95030, by the commencing date of the term of this Agreement
or within thirty (30) days after the date of execution of
this Agreement by the Town, whichever is later. If policies
and endorsements acceptable to the Town are not placed on
file with the President of the Board of the Town in a timely
manner as provided herein, the Contractor shall be considered
in breach of this Agreement for which the Town may terminate
this Agreement immediately, without regard to any other
provisions herein.
12. Nondiscrimination By Contractor. In the per-
formance of this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of
age, sex, race, color, creed or national origin, nor shall
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Contractor, in the providing of service hereunder, dis-
criminate against any person on the basis of age, sex, race,
color, creed or national origin.
13. Acknowledgment Of Town Funding. Contractor
shall include an acknowledgment of Town 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 Town of Los Gatos" or
"through Town of Los Gatos funding ".
14. Political Action.
Those employed to serve shall
neither take nor encourage individual or concerted political
action on issues other than those relating to long -term care;
provided, that this restriction shall apply only during working
hours.
15. Notices. Any notices required or provided to
be given by the provisions of this Agreement shall be con-
sidered sufficiently given if hand delivered or if deposited
in the U.S. Postal Service, first class postage prepaid,
addressed as follows:
Town of Los Gatos
Contractor
or to such other addresses as may be specififed by appropriate
notice.
16. Ratification Of Prior Acts. The Town and
Contractor agree that any performance by the Contractor
after this Agreement's commencing date and in accordance
with the provisions of this Agreement was in consideration
of the execution of this Agreement, and each party hereto
does agree that such prior acts are ratified and agrees
to pay for such performance or to accept payment for same
under the terms of this Agreement.
WITNESS THE EXECUTION HEREOF the day and year
first hereinabove set forth.
CATHOLIC SOCIAL SERVICE OF SANTA
CLARA COUNTY, a Nonprofit Corporation
By: "J�''
MGM