HomeMy WebLinkAbout2001-088
RESOLUTION NO, 2001-88
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF
THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER
3 A GRANT IN THE AMOUNT OF $200,000 FROM SAN BERNARDINO COUNTY DEPARTMENT
OF AGING AND ADULT SERVICES FOR THE ADMINISTRATION OF THE SENIOR
4 NUTRITION PROGRAM.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby
8 authorized to apply for and administer a grant in the amount of $200,000 from San Bernardino
9 County Department of Aging and Adult Services for the administration of the Senior Nutrition
10 Program.
11 SECTION 2. The authorization granted hereunder shall expire and be void and of no
12 further effect if the agreement is not executed by both parties and returned to the office of City
13 Clerk within one hundred twenty (120) days following effective date of the resolution.
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2001-88
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO APPLY
FOR AND ADMINISTER A GRANT IN THE AMOUNT OF $200,000 FROM SAN
BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT SERVICES FOR
THE ADMINISTRATION OF THE SENIOR NUTRITION PROGRAM,
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
jt.
and Common Council of the City of San Bernardino at a reg, meeting thereof, held on the
7th day of May
,2001, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Council Members:
ESTRADA
x
LIEN
x
McGINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
McCAMMACK
x
>!anr/;taJ~/lJr~
City Clerk
The foregoing resolution is hereby approved this J'7l'1 day of
May
,2001.
Approved as to
Form and legal content:
ith Valles, Mayor
ity of San Bernardino
JAMES F. PENMAN,
City Attorney
(I
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
Agreements listed
June 18, 2002
FROM: MARY R. SAWICKI, Director
Department of Aging and Adult Services
SUBJECT: AMENDMENTS TO CONTRACTS WITH SENIOR NUTRITION SERVICE
PROVIDERS FOR CONGREGATE AND HOME DELIVERED MEALS FOR
SENIORS
RECOMMENDATION: Approve amendments for congregate and home delivered meals to
seniors, increasing the total contracted amount by $13,006 from $211,257 to $224,263 for Fiscal
Year 2001/2002 as follows:
Contract Agency Contract Requested Total Contract
Number Amount Increase FY01/02
01-686 A-2 City of Montclair $ 35,505 $ 1,006 $ 36,511
01-687 A.2 City of San Bernardino $175.752 $12,000 $187.752
Total $211,257 $13,006 $224,263
BACKGROUND INFORMATION: On March 22, 1972, President Richard Nixon signed into law
the Nutrition Program for the Elderly Act, establishing the Senior Nutrition Program, as part of the
Older Americans Act (OAA). This legislation created the congregate and home-delivered nutrition
programs for seniors. Since 1978, DAAS has administered OAA Title III funds to provide Senior
Nutrition Programs for the County of San Bernardino. In addition to providing nourishing meals,
these programs provide nutritional education and counseling, companionship, and long term care
protections to people 60 years or older, and their spouses.
On February 13, 2001, the Board of Supervisors (BaS) authorized the Department of Aging and
Adult Services (DAAS) to issue a Request for Applications (RFA) for congregate and home
delivered meals. The RFA was publicly advertised and, after meeting specific criteria published
under the RFA, six (6) agencies were awarded contracts and three (3) agencies received
Purchase Order awards to provide these services.
On June 26, 2001, the Board of Supervisors approved six contracts totaling $2,772,046, for
congregate and home delivered meals for County of San Bernardino seniors in Fiscal Year (FY)
01/02. Limited Title III resources made it impossible to fund this program at the same level as it
was funded in the previous fiscal year. This resulted in several service areas receiving reduced
awards from the previous year subsequently jeopardizing their ability to maintain comparable
service levels.
cc: HSS/Bldgs & Finance-Jacki Baxter
w/agreement
Contractor w/agreement
cia HSS/Bldgs & Finance
Auditor-Sandy Kelly w/agree.
IDS w/agreement
OMS-Sawicki
Co. Counsel-Chu
CAG-Morris
Risk Management
HSS Admin.
mil File w/agreement
Pa e 1 of 2
Record of Action of the Board of Supervisors
MOTION MOVE
5
BY
ITEM Q2.!!
AMENDMENTS TO CONTRACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR
CONGREGATE AND HOME DELIVERED MEALS FOR SENIORS
June 18, 2002
Page 2 of 2
As part of the June 26, 2001 approval, to protect this program from service reductions, the Board
of Supervisors agreed to maintain the same level of services in the Senior Nutrition Program as
the previous fiscal year using Realignment revenues, pending federal, state andlor other funding.
On November 20, 2001, the Board of Supervisors approved amendments totaling $57,506 to four
of the nutrition contracts to maintain this program at a level consistent with the FY 00101 service
level.
The California Department of Aging issued one-tirne-only funds for nutrition and supportive
services. The funds were targeted to meet specific requirements such as advertising,
replacement of worn equipment, increased fuel, and utility costs, etc. The Board of Supervisors
approved this revenue increase in February 2002. Approval of these amendments awards a total
increase of $13,006 of one-time-only funds to allow these contractors to make improvements as
per the specific requirements set forth by the CDA in FY 01/02.
On June 4, 2002, the Board of Supervisors approved four amendments totaling $88,903 to four of
the nutrition contractors providing congregate and home delivered nutrition services. These final
two amendments were pending City Council approval and were not received in time to meet the
deadlines for the June 4, 2002 Board of Supervisors meeting.
REVIEW BY OTHERS: This amendment has been reviewed by the Office of County Counsel
(Phebe W. Chu, Deputy County Counsel) on May 8, 2002; the Senior Affairs Commission on May
8, 2002; and HSS Contract Compliance (Lori Ciabattini, Administrative Supervisor) on May 9,
2002. The item has been reviewed by HSS Finance (Kristin Letterman, Administrative Manager)
on June 5, 2002 and the County Administrative Office (Gary Morris, Administrative Analyst) on
June 4, 2002.
FINANCIAL IMPACT: Approval of these amendments will increase the contracts by a total of
$13,006 for a FY 01/02 total contract amount of $224,263. Adequate appropriations and revenues
have been included in the Department's FY 01/02 budget. Approval of this item will not result in
any additional local cost.
SUPERVISORIAL DISTRICT(S): All
PRESENTER: Mary R. Sawicki, Director, Department of Aging & Adult Services (909) 891-3917
JUNE 18, 2002
ITEM 056
. ' ,
".
~
E - New Vendor Code Dept. Contract Number
M ~ Change SC A. 01-687 A-2
X Cancel OAAS
County Department Dept. County. Contractor's License No.
Deoartment of Anino & Adu~ Services
County Department Contract Repres~ntative PH. Ext. Amount of Contract
Jacki Baxter 388-0259 $187,752
Fund I Dept. I Organization I APR. lObi/Rev Source Activity I GRC/PRO/JOB Number
SBG OOA OOA 200 2445,
Commodity Code Estimated Payment Totai by Fiscal Year
FY Amount I/D FY Amount i1D
Project Name 01/02 $168,548
- -
Nutrition for Seniors 01/02 7,204
- -
01/02 12,000 .....L
-
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the "County," and
Name
City of San Bernardino
Address
547 N. Sierra Way
San Bernardino, CA 92410-4816
Phone Birth Date
909 384-5030
hereinafter called
"Contractor"
Federal 10 No. or Social Security No.
95-60000772
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO, 2
It is hereby agreed to amend Contract No. 01-687 between the County and Contractor as follows:
Article V, FISCAL PROVISIONS
Section A. to read as amended:
A. The maximum amount of funds available under this Contract shall not exceed $187.752 and shall
be subject to availability of funds from CDA.
Article VII, CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES
Section B. to read as amended:
B. Appeal Procedures
If Contractor disagrees with any decision or action taken by the County or DMS related to this
Contract, Contractor may choose to file a formal grievance by following the procedures below:
1. The Contractor shall file a formal written grievance with the DMS Deputy Director of
Administrative Services ("OMS Deputy Oirector") within fifteen (15) business days after the
Contractor is aware of the factors or conditions precipitating the contract dispute. The written
Page 1 of 3
.
EXHIBIT B:
grievance shall set forth the subject of the grievance, identify the specific clause in dispute
and shall provide a detailed statement of the grievance, including dates, names, places, and
the specific remedy or action requested. The filing address is 686 East Mill Street, San
Bernardino, California, 92415-0640. The DAAS Deputy Director shall provide a written
response to Contractor within fifteen (15) business days of receipt of the grievance.
2.
If Contractor is not satisfied with the DAAS Deputy Director's response, Contractor may file a
written grievance appeal, which shall include a statement by the Contractor as to why the
DAAS Deputy Director's response is not satisfactory, to the Director of DAAS within fifteen
(15) business days of receipt of the DAAS Deputy Director's response. The filing address is
686 East Mill Street, San Bernardino, California, 92415-0640. The Director of DAAS shall
provide a written response to Contractor within fifteen (15) business days. The Director of
DMS shall have final authority for the decision on the grievance except as provided herein.
3.
If Contractor is not satisfied with the DAAS Director's response, Contractor may file a written
grievance appeal, which shall include a statement by the Contractor as to why the DAAS
Director's response is not satisfactory, to the Assistant County Administrator of the Human
Services System within fifteen (15) business days of receipt of the DAAS Deputy Director's
response. The filing address is 385 North Arrowhead Avenue, Fifth Floor, San Bernardino,
California, 92415-0128. The Assistant County Administrator shall provide a written response
to Contractor within fifteen (15) business days. The Assistant County Administrator shall have
final authority for the decision on the grievance except for appeals which involve CDA
programmatic policies and directives.
4.
For those appeals which involve CDA programmatic policies and directives issued to the
County and contained within this Contract, this paragraph shall apply. If Contractor is not
satisfied with the Director of DAAS' decision, the written grievance may be registered in
writing with the CDA, Case Management Branch, 1600 "K" Street, Sacramento, California,
95814, within fifteen (15) business days following receipt of the Director of DMS' decision.
Contractor shall submit to CDA the original written grievance along with a copy of the DAAS
Deputy Director's written response, the Contractor's appeal to the Director of DAAS, the
Director of DMS' decision, the Contractor's appeal to the Assistant County Administrator,
and the Assistant County Administrators' decision. CDA shall have final authority for the
decision on the grievance.
Exhibit B, "City of San Bernardino Budget Summary FY 2001-2002" is deleted and replaced with the
attached, Exhibit B, "City of San Bernardino Exhibit "B" Budget Summary Fiscal Year 2001-2002."
EXHIBIT B-1
Exhibit B-1, "Budget Summary Nutrition Program Fiscal Year 2001-2002" is deleted and replaced with
the attached Exhibit B-1, "Budget Summary Nutrition Program Fiscal Year 2001/2002."
Page 2 of 3
All other terms and conditions of this Contract, Contract No. 01-687, shall remain the same and are
incorporated herein by this reference.
This amendment shall become effective upon execution by both parties.
.
ntractor, etc.)
COUNTY OF SAN BERNARDINO
Dated: JUN 1 8 2002 Name Lemuel P. Randolph
(Print or type name of person signing contract)
Title Director
(Print or Type)
Dated: June 4, 2002
By Address 547 N. Sierra Wav
San Bernardino. CA 92410-4816
Reviewed for Processing
..
Deputy unty Counsel ttini, Contract Compliance Agency Administrator/CAD
Date 5~ ~ Jl?2-- Date 6 .q DL Date
Page 3 of 3
. '
.
EXPENDITURES:
REVENUES:
Title III, Older Americans Act
C-1
U. S. Department Of Agriculture
C-1
Realignment Funds
C-1
FUNDS PASS-THROUGH DMS:
Other Funds
C-1
TOTAL REVENUES:
CITY OF SAN BERNARDINO
EXHIBIT "B"
BUDGET SUMMARY
Fiscal Year 2001 - 2002
REVISED
FY 2001-2002
FUNDING
$358,664
$155,660
$32,092
$0
$187,7521
$170,912
$358,664
M'r~ll-~Z 03:36,. From-C,ty of S'n Bern,rdlno Fin,nce\Purch"'i .1013845043
T-BDB P 004/UU4 to'"~
- .
. ~;rfril'~~I!~~l~$f"f.1';'J;~!:{~'~r+~i'~;:"..
'~ " .;.:./tr,'f:~!:j:';I,.:'f,''';'all;''~' ""C"":"';', ."",)<, ,b','s",,;;:""\'i'v'e";a';'; '2'0'0':;";"'00"'":<''' .,..': 'R" e" v."",'-s' '.<....,.;,., X,'i',,.~:~:-: '..1....,'.:,'..>.:'
1>'i,~';':,~,.~~;~~~!.:F!f: i.V~,', Jih-u _. inh~:-;~'~:-tl~:';'1':':''::'':'~'':S:;~: . _~a ',lil".. ."','-, .~ .~'.I'I:_". . 'I.',' :.: ',,-';":"".' ' ". ~uI~.:I<: .- ..o;";'I':::,._':~: ,,'
.
Congregate Meals, C.1 [ X ] Home-Delivered Meals, C-2 [ ]
~unding Match
Expenditure Category Less Match Cash In-Kind Total
1. PERSONNEL 117,056 0 26,262 143.318
2. STAFF TRAVEL 500 0 0 500
3. STAFF TRAINING 500 0 0 500
4. EQUIPMENT 14,300 0 0 14,300
5. CONSULTANTS 2.800 0 0 2.800
6. FOOD COSTS 111,324 0 1,050 112.374
7. CONSUMABLE SUPPLIES 12,148 0 0 12,148
8. INSURANCE 0 0 778 778
9. REPAIRS 2,376 0 1.471 3,847
'- 10 RENTIBUILD1NG SPACE 0 0 35,741 35,741
11. UTILITIES 0 0 17,658 17,658
12. VEHICLE OPERATIONS 8,700 0 0 8.700
13. VOLUNTEER EXPENSES 500 0 0 500
14. OTHER 5.500 0 0 5.500
V, TOTAL EXPENDITURE 275.704 0 82,960 358,664
VI, LESS FUNDING IN-KIND 0 82,960 82,960
VII. NON-MATCH USDA 32,092 32.092
. NON.MATCH CASH 60,184 60,184
VIII. PROGRAM INCOME 51,202 51,202
IX. TOTAL FUNDING REQUEST 132,226 132,226
Prepared by: Jeannie Lloyd Telephone Number: (909}384-5434
'-'Of;laniza1ion: City of San Bemardino Date: February 22. 2002
. CD6G funds, United Way funds, Realignment funds, etc.
San Bemardino County- OMS Form 312A Revised 07123101
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
June 26, 2001
FROM:
LINDA HAUGAN, Interim Director
Department of Aging and Adult Services
SUBJECT:
CONTRACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR CONGREGATE
AND HOME DELIVERED MEALS FOR SENIORS
RECOMMENDATION: Approve contracts in the amount of $2,772,046 with the following agencies and the
Department of Aging and Adult Services (DMS) to provide congregate and home delivered meals to
seniors from July 1, 2001 through June 30, 2002. (See Board direction .. below).
Aqencv
Bonnie Baker Senior Center
City of Montclair
City of San Bernardino
Community Services Department
Hi-Desert Meals on Wheels
Oldtimers Foundation
Total
FY 01/02 Contract Amount
$ 50,996
33,953
168,548
1,151,265
559,311
807 , 973
$ 2,772,046
Contract Number
01-685
01-686
01-687
01-688
01-689
01-690
BACKGROUND: On March 22, 1972, President Richard Nixon signed into law the Nutrition Program for
the Elderly Act, establishing the Senior Nutrition Programs, as part of the Older Americans Act (OM). This
legislation created the congregate and home-delivered nutrition programs for seniors, Since 1978, DMS
has administered OM Title III funds, to provide Senior Nutrition Programs for the County of San
Bernardino. These programs provide nourishing meals, in addition to, nutritional education and counseling,
companionship, and long term care protections to people 60 years or older, and their spouses.
On February 13, 2001, the Board of Supervisors approved a Request for Application (RFA) to solicit
agencies to operate congregate and home-delivered nutrition programs throughout the County of San
Bernardino. The RFA was advertised in twelve newspapers, and mailed to 118 agencies, To maximize the
outreach effort to potential applicants, three applicant conferences were held throughout the County, in
Barstow, Yucca Valley and San Bernardino, A total of nine applications were received from the agencies
listed below:
1. Asian-American Resource Center
2, Bonnie Baker Senior Club
3. Community Services Department
cc: DMS-Haugan
HSS/Bldgs & Finance-Jacki
Baxter w/agrees.
Contractors w/agrees. c/o DMS
Auditor w/agrees.
SBD w/agrees,
Co, Counsel-Luke
CAO-Morris
HSS
File w/agrees.
nh
14-9507-00
Rev, 01/96
4. City of Montclair
5, City of San Bernardino
6. Fort Mojave Indian Tribe
7. Hi-Desert Meals on Wheels
8. Hinkley Senior Citizens Club
9. Oldtimers Foundation
Page 1 of 3
MOTION
Record of Action of the Board of Supervisors
-,cP"'''<;;''>.'_
.4-9" --'r)-.
G ",liPL: '<~,
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, '" -,- ~_-: PERVISORS
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SE ,ON!>:, .~'" t:"',"'''~,'A .r;: AYE
\ ~ ~:. ') ,,-;~2;"",-..<,.iJ 3;' Ci (f 4
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5 IAN,,"J1M{;LSM'oi
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MOVE
5
ARD
BY
DATED: June 26, 2001
ITEM 148
CONTRACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR CONGREGATE AND HOME
DELIVERED MEALS FOR SENIORS
June 19, 2001
Page 2 of 2
An evaluation of the applications was conducted by an evaluation team that included representatives of
HSS-Contract Administration, DMS, HSS-Special Projects, and HSS Auditing. Applications were
evaluated on organizational information, project objectives, project description, fiscal management systems
and budgetary information. Because the OM requires programs to target rural, low-income, and/or ethnic
seniors, the geographic area of service and target populations of each application were also considered
during the final award process, Based on these criteria, each agency submitting an application was
recommended for award.
However, due to limited Title III resources, DMS was unable to fund the applications at the levels
requested. The Title III recommended funding award was based on the current number of meals served in
each agency's service area. The table below details each agency's Title III request and the actual FY01/02
Title III awards. Four of the agencies recommended to receive Title III awards have also been
recommended to received a one-time-only County Re-alignment Fund augmentation to bring the FY01/02
funding level to within a less than 5% decrease from last years funding level in each agency's service area,
In addition to the Title III and County Realignment Funds, two additional funding sources come together to
determine the total contract award. First, DMS has assisted interested contractors in applying for
Community Development Block Grants (CDBG) from various Cities and agencies to provide additional
funding to the nutrition program. Four contractors have been awarded CDBG funds for FY01/02. Finally,
each agency providing meals for the Senior Nutrition Program is eligible for a $.53 per-senior-meal-served
reimbursement from the United States Department of Agriculture (USDA). USDA funds are incorporated
into the contracts based on the number of contracted meals to be served.
The table below details the various funding sources and award amounts for each Senior Nutrition Program
provider:
FY01/02 Senior Nutrition Service Fundino
Actual County Total
FY01/02 Re- FY01/02
Title III Title III alignment CDBG USDA Contract
Aaencv Reauest Award Funds Funds Funds Amount
Bonnie Baker Senior $ 49,775 $ 32,862 $ 4,171 $ 7,500 $ 6,463 $ 50,996
Club
Citv of Montclair 31,596 25,876 - - 8,077 33,953
City of San Bernardino 197,511 120,226 16,230 - 32,092 168,548
Community Services 962,454 865,571 - 29,200 256,494 1,151,265
Deoartment
Hi-Desert Meals on 464,681 383,688 - 30,800 144,823 559,311
Wheels, Inc.
Oldtimers Foundation 702,715 609,732 69,509 - 128,732 807,973
Contract Subtotal 2,408,732 2,037,955 89,910 67,500 576,681 2,772,046
Asian-American 161,979 9,771 - - 477 10,248
Resource Center'
Fort Mojave Indian 22,878 16,168 1,003 - 5,158 22,329
Tribe'
Hinkley Senior Citizens 5,292 8,343 - 10,000 2,671 21,014
Club, Inc!
Purchase Order 190,149 34,282 1,003 10,000 8,306 53,591
Subtotal
Total $2,598,881 $2,072,237 $90,913 $77,500 $ 584,987 $2,825,637
'Due to Total Award being less than $25,000, these 3 agencies will be awarded purchase orders
rather than contracts.
JUNE 26, 2001
ITEM 148
CONTRACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR CONGREGATE AND HOME
DELIVERED MEALS FOR SENIORS
June 19,2001
Page 3 of 3
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Contract performance for these contracts will be measured and monitored by reviewing monthly program
and financiai reports and semi-annual site visits performed by HSS-Contract Administration and DAAS staff
to review contract compliance, fiscal and program elements.
Approval of these contract will benefit seniors 60 years of age or older and their spouses by providing a
total of 493,000 congregate and 595,000 home-delivered meals, nutritional education and counseling,
companionship and long term care protections, throughout the County of San Bernardino,
REVIEW BY OTHERS: This item has been reviewed and approved by the Senior Affairs Commission,
County Counsel (Fiona Luke), and the HSS Contract Compliance (Tanya Bratton). This item has also been
reviewed by the County Administrative Office, Gary Morris, Administrative Analyst.
FINANCIAL IMPACT: Appropriations and revenues of $2,825,637 were included in DAAS' FY01/02 Budget
to meet the cost of these Contracts. Four of these contracts include county realignment funds, for a total
local cost of $90,913. The remaining $2,734,724, is funded by State and Federal funds,
SUPERVISORIAL DISTRICTS: AIL
PRESENTER: Linda Haugan, Interim Director, Department of Aging and Adult Services.
"Staff is directed to work with the Oldtimer's Foundation to develop a solution to keeping the
Bloomington and Fontana sites open.
JUNE 26, 2001
ITEM 148
.
,
E ~ New Vendor Code Oept. Contract Number
M - Change SC A c, -b~'7
X Cancel DAAS
County Department Dept. County. Contractor's License No.
Deoartment of Anino & Adult SelVices
County Department Contract Representative PH. Ex!. Amount of Contract
Jacki Baxter 388-0259 $168,548
Fund I Dept. I Organization I APR. I Obi/Rev Source Activity I GRCIPROIJOB Number
SBG OOA OOA 200 2445 ,
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount 110
Project Name 01102 $168.548 i
-
Nutrition for Seniors
- -
- -
FOR COUNTY USE ONL Y
UNENCUMBERED
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino,
hereinafter called the "County," and
Name
City of San Bernardino
Address
547 N. Sierra Way
hereinafter called
"Contractor"
San Bernardino, CA 92410-4816
Phone Birth Date
909 384-5030
Federal 10 No. or Social Security No.
95-60000772
IT IS HEREBY AGREED AS FOLLOWS:
This Contract is entered into on the first day of July, 2001 (the "Contract"), by and between the County
acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services
("DMS") and Contractor.
WHEREAS, the Older Americans Act of 1965 (the "Older Americans Act") as amended, provides for
assistance to state and local agencies to develop nutrition and social supportive services to meet the
needs of the elderly; and
WHEREAS, the California Department of Aging ("CDA") has allocated funds to DMS for the purpose of
administering a certain portion of said funds pursuant to the Older Americans Act; and for the purpose of
planning service programs and activities for the elderly; and
WHEREAS, DMS desires to use CDA monies to fund a program providing food services to the elderly,
(the "Nutrition Program"), and Contractor desires to operate and execute the Nutrition Program to the
elderly (the "participants"); and
WHEREAS, County desires the Nutrition Program be operated by Contractor and Contractor agrees to
operate the Nutrition Program according to the specific terms and conditions provided by the Contract.
NOW THEREFORE, in consideration of the mutual promises contained herein, County and Contractor
mutually agree to the following terms and conditions:
Page 1 of 26
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TABLE OF CONTENTS
I. DEFINITIO NS ...... .....,.." ,................. ................... ...... ... ........... .........................,. ................... ,...........3
II. CONTRACTOR SERVICE RESPONSIBILITIES ...............,...,..........................................................4
III. CONTRACTOR GENERAL RESPONSIBILITIES .......................................,..................................11
IV. COUNTY RESPONSIBILlTI ES ,.................""",..... ...... ......"",................, ................... .... ................18
V. FISCAL PROViSiONS.... ,........................,........... ...., ,.,............ ... ..................................... .............. .18
VI. RIGHT TO MONITOR AND AUDIT......................................................................................................21
VII. CORRECTION OF PERFORMANCE DEFICIENCIES ,.......................................................................23
VIII. TERM ........"..,..".....,..,..,..,..".."..".........."....................,.................................,................,...................24
IX. EARLY TERMINA TION....,..,..".............."...,........................................................................................25
X. GENERAL PROViSIONS........................................................................,..,....................................,..,,25
XI. CONCLUSION ............................................................,..............,..,.,....................................................26
ATTACHMENT A - WORK PLAN
EXHIBIT B
EXHIBIT B-1
EXHIBIT B-2
ATTACHMENT C - CERTIFICATION REGARDING LOBBYING
ATTACHMENT D - ASSURANCE OF COMPLIANCE
Page 2 of 26
..
I. ' DEFINITIONS
A. "Cash Match" refers to cash, other than program income, contributed to the project from local or
state funds. With the exception of Community Development Block Grants ("CDBG"), Federal funds
cannot be used as cash match.
B. "CDA" refers to the California Department of Aging.
C. "CDA PM" refers to the Title 11/ Program Manual for Area Agencies on Aging. This manual is
based on Federal Regulations for Title III published March 31, 1980 (CRF, Chapter 8, Subchapter
C, Part 1321), and pertinent parts of 45 CFR Sub-title A, Part 74, published June 3,1980.
D. "CCR" refers to the California Code of Regulations.
E. "CFR" refers to the Code of Federal Regulations.
F. "Contract" refers to the coversheet, the terms and conditions, work plan, budget display, budget
summary, exhibits, attachments, addendums, and amendments, unless otherwise specified.
G. "Contractor" refers to the entity to which funds are awarded under this Contract and which is
accountable to DAAS for use of these funds and is responsible for executing its provision and
services.
H. "DAAS" refers to the County of San Bernardino, Department of Aging and Adult Services.
I. "Elderly" refers to any individual who is sixty (60) years of age or older.
J. "General Program Income" refers to meal income received in the form of contributions or
donations made by the elderly for services rendered under this Contract.
K. "HS5" refers to the County of San Bernardino, Human Services System.
L. "In-Kind Contributions" refer to property, equipment, services (e.g. volunteer services) and
supplies benefiting a CDA Program Manual supported program or activity contributed by non-
federal third parties without charge to the Contractor.
M. The Older Americans Act provides comprehensive, coordinated, community-based systems of
service to persons age 60 and older to enable them to maintain health, personal dignity, and
independence.
N. "OMB" refers to the Office of Management and Budget.
O. "Non-Expendable Personal Property" refers to tangible personal property having a useful life of
more than one year and an acquisition cost of $500 or more per unit.
P. "Program Income" refers to any income earned by Contractor during the term of the Contract
from activities supported in part or total by federal funds. It includes, but is not limited to:
. Income in the form of fees for services performed during the Contract period;
. Proceeds from the sale of tangible or real property;
. Proceeds from the sale of equipment andlor supplies acquired for use;
. Usage or rental fees;
. Interest;
. Patent or copyright royalties;
. Contributions or donations made by the elderly are considered program income.
Page 3 of 26
Q. ~'Reimbursable Item" also means "allowable cost" and "compensable item".
R. "Senior Information and Assistance Services" refers to the Senior Information and Assistance
Services program provided through DMS.
S. "State" refers to the State of California.
T. "Title III" refers to Title III of the Older Americans Act
U. "USC" refers to the United States Code.
V. "W & I" refers to the Welfare and Institutions Code.
II. CONTRACTOR SERVICE RESPONSIBILITIES
A. Contractor shall provide all program services and perform all activities identified in Attachment A to
this Contract.
B. Contractor shall, in a satisfactory manner, as determined by DMS, conduct, administer and
provide the Nutrition Program for the elderly as defined in the Work Plan (Attachment A), Program
Budget, (Exhibit B, B-1 and B-2), and Certification Regarding Lobbying (Attachment C), and
Assurance of Compliance with the San Bernardino County Welfare Department (Attachment D)
which are attached hereto and incorporated herein by reference. The aforementioned and all other
exhibits are, by this reference, made a part of this Contract as those fully set forth herein.
1. Contractor is to serve meals that are nutritious, safe, and of good quality.
2. Contractor is to promote and maintain high food safety and sanitation standards.
3. Contractor is to serve hot or other appropriate meals at least once daily, five (5) or more
days per week.
4. Food shall be prepared in sufficient quantities to serve all participants. Careful planning
shall minimize leftover food and prevent waste.
5. Correct and consistent portions shall be served to all participants.
6. Appropriate food containers and utensils for blind and handicapped participants shall be
available on request.
7. All participants are to be permitted to eat in a leisurely fashion.
8. Meals are to be served in a courteous and friendly manner.
9. Contractor shall consider the cultural, religious preferences and special dietary needs of
the participants.
10. Contractor is to serve meals at an approved site. The meals are to be served in a facility
where the participants will be welcomed and comfortable.
11. The facility is to maintain adequate lighting and ventilation. The facility is to meet all
applicable health, fire, safety, and sanitation regulations.
12. Contractor is to provide restiooms that are cleanl adequate, and 'Ne!! equipped.
Page 4 of 26
13. Contractor is to provide tables and chairs that are sturdy and appropriate for the
participants. Tables are to be arranged to assure a pleasant atmosphere and to encourage
socialization.
14. Contractor shall provide a sufficient number of tables surrounded by adequate aisle space
(a minimum width of 3 feet, 8 inches) to allow for persons with canes, walkers, crutches, or
wheelchairs to move with ease.
15. Contractor shall provide appropriate table settings. Disposable dinnerware shall be
resistant to buckling, spillage, nonporous, sanitary, and attractive, shall not melt, shall not
bend, and shall not splinter during normal use.
16. Contractor is to provide for celebration of special occasions by participants.
17. Menus shall be approved by the DMS nutritionist and shall comply with the following
requirements:
a. Menus shall be planned for a minimum of four weeks in advance.
b. Menus shall be posted weekly in a spot conspicuous to participants at each site, as
well as in the preparation area.
c. Menus shall be easy to read and in the language of the participant group(s).
d. Food items shall be varied within the week and menu cycle. Food items shall not be
repeated two (2) days in a row or on the same day of consecutive weeks except on
documented preference of the participants receiving the meals. Variety of food and
preparation methods, including color, combinations, texture, size, shape, taste, and
appearance shall be provided.
e. Menus shall reflect seasonal availability of foods.
f. The restricted use of carbohydrate foods, salt, and saturated fats shall be
considered.
18. Contractor shall ensure the program director of the Nutrition Program ("Program Director")
has completed a minimum of fifteen (15) semester units of instruction in food service
sanitation.
19. Whenever two (2) or more persons manifest the symptoms of food borne illnesses within a
similar time frame after consuming food served under the Nutrition Program, Contractor
shall notify the local health authorities to initiate an investigation. Contractor shall
immediately notify DMS within twenty-four (24) hours of such an occurrence.
20. Contractor shall provide semi-annual training, or more frequently, depending on
stafflvolunteerlparticipant turnover, regarding the source and prevention of food borne
illnesses.
21. Contractor must provide each participant with a free and voluntary opportunity to contribute
to the cost of the Nutrition Program. Contractor must protect the privacy of each participant
with respect to hislher contribution and establish appropriate procedures to safeguard and
account for all contributions.
22. Contractor must develop a suggested contribution schedule for services which considers
the income ranges of elderly persons in the community. Suggested contribution scheduie
is to be approved by DMS.
Page 5 of 26
23. Participants are to be screened by Contractor to determine if a need exists for other
services and referred to Senior Information and Assistance Services for follow-up.
24. Fire and health inspections are to be secured prior to beginning service provision and
annually thereafter.
25. Contractor shall provide a system through which participants shall have the opportunity to
express and have considered their views, grievances, and complaints regarding the
delivery of services. The procedure must be in writing and made available to all
participants.
26. Contractor shall employ bilingual staff andlor volunteers within service areas where a
language other than English is commonly spoken.
27. Contractor shall provide copies of the quarterly site monitoring reports to the DMS
nutritionist within 30 days of said monitoring.
C. Contractor must be incorporated and is responsible for advising the County of any actual or
impending change in its corporate status.
D. Contractor is to promote coordination with other supportive services. Contractor agrees to
cooperate with DMS in its efforts toward developing a comprehensive and coordinated system of
services for the elderly by participating in joint planning efforts and other activities mutually agreed
upon to meet this goal.
E. If the Contractor is a non-profit, private corporation, the following requirements shall be met:
1. Training in program requirements, agreements with DMS and non-profit board
responsibilities shall be provided to all board members. The training shall include but not be
limited to:
a. Corporate officers and board member's responsibilities as defined by state law and
this Contract.
b. Contractor's responsibility for training and placement of assigned Senior
Employment Program participants.
2. The Board of Directors shall be representative of the client population and geographic
regions served by the Contractor.
3. Minutes of the meetings of the Board of Directors shall be accurately maintained and reflect
adherence to corporate by-laws.
F. Contractor shall recruit for vacant positions in an open and competitive application process free of
discriminatory questions. Written job descriptions for all paid and volunteer employees shall be
maintained.
G. Contractor is responsible for providing orientation and training for all paid and volunteer employee.
Contractor shall insure training is provided at least quarterly for all personnel. The training shall
include but not be limited to:
1. Material from CDA Policy Memo 95-03 (P) Section H, and the Hazard Analysis and Critical
Control Point Program appropriate to each paid or volunteer employee.
2. The administrators of a volunteer program.
Page 6 of 26
3. The Senior Assistance Management System ("SAMS").
4. The preparation and submission of reports mandated by law and this Contract.
5. Appropriate referrals to OMS Senior Information and Assistance Program.
6. Employee training and placement responsibilities for assigned Senior Employment Program
participants.
H. Contractor agrees to participate in appropriate employee training and development provided by
OMS, the COA and the Administration on Aging.
I. Contractor shall complete a written work performance evaluation annually on all paid and volunteer
employee.
J. Contractor shall insure all paid and volunteer employees read and sign a certification of
understanding of the Adult Abuse Reporting Act.
K. Contractor shall provide the County with photocopies of all inspection reports or certificates
immediately.
L. In order to provide emergency assistance or continue services to at-risk elderly or dependent adults
in the event of disaster, Contractor shall maintain accurate lists of all participantswho are receiving
home-delivered meals andlor other services due to impairments that render them at risk of serious
injury or death. Contractor shall coordinate and report disaster services and issues with OMS.
M. Contractor shall conduct activities to target the elderly and low-income minority individuals for
service. Activities shall include, but not be limited to, outreach and a written analysis of the
Contractor's success in targeting services to the elderly and minority individuals within their service
area.
N. The Contractor understands that one of its responsibilities under this Contract is to ensure that
preference shall be given to providing services to older individuals with the greatest economic or
social needs, with particular attention to low-income minority individuals. The term "greatest
economic need" means the need resulting from an income level at or below the poverty threshold
established by the Bureau of the Census, and the term "greatest social need" means the need
caused by non-economic factors which include physical or mental disabilities, language barriers,
and cultural or social isolation, including that caused by racial or ethnic status which restricts an
individual's ability to perform normal daily tasks or which threatens his or her capacity to live
independently. (Older Americans Act of 1965 as amended, Amendments of 1991, Public Law 98-
459, 306 (a) (5) (B).) Minimum program goals relating to minorities within this Contract have been
established by computing the percentage of elderly minorities within the geographic area served by
the Contractor.
O. Records
1. The Contractor shall, at all times during the term of this Contract, maintain complete fiscal,
program and management records (which shall include, but not be limited to, accounting
records, grants, agreements, letters of agreement, insurance documentation in accordance
with Section III. (E)(2), memoranda andlor letters of understanding and client records) of its
activities and expenditures hereunder in a form satisfactory to the County andlor state and
in accordance with generally accepted accounting principles. All records pertaining to the
project shall be available for review and audit by the County, state or federal govemment or
their duly authorized agents, at any time during normal business hours. All such records
must be maintained and kept available by the Contractor, (a) until an audit has occurred and
an audit resolution has been issued or unless otherwise authorized in writing by OMS, (b)
Page 7 of 26
for such longer period, if any, as is required by applicable statute, by any other clause of
this Contract, or (c) for such longer period as DAAS deems necessary, which shall be a
minimum of three (3) years after final payment under this Contract.
2. In the event this Contract is either completely or partially terminated, any and all records
relating to any work performed under the Contract shall be preserved and made available
for the same periods as specified in Article II, Section 0, Paragraph 1, above.
3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the
records, all records relative to such action shall be maintained and kept available until every
action has been cleared to the satisfaction of the County andlor state and the Contractor is
advised in writing of the resolution.
4. Adequate source documentation of each transaction shall be maintained relative to the
allocability of expenditures reimbursed by the County under this Contract. If the allocability
of expenditures cannot be determined because records or documentation of the Contractor
are nonexistent or inadequate according to generally accepted accounting principles, the
expenditures shall be questioned in the audit and may be disallowed by the County andlor
state during the audit resolution process.
a. Accounting Records (The Title III Program Manual, "CDA PM", Section G,
Paragraph 93.7a)
The Contractor shall provide adequate accounting systems and procedures to
control and support all fiscal activities in accordance with policies issued by the
Administration on Aging and the CDA. The Contractor shall provide for those
designated in the chart of accounts as identified by the categories in the budget
display.
It is mandatory that the Contractor report fiscal operations to DAAS using the
categories of transactions detailed in the chart of accounts.
b. Internal Control (CDA PM, Section G, Paragraph 93.11 through 93.21)
Effective control and accountability shall be maintained for all grant cash, real and
personal property and other assets. Contractor shall adequately safeguard all assets
and shall assure that they are used solely for authorized purposes.
c. Budgetary Control (CDA PM, Section G, Paragraph 93.21)
All budget changes within major categories, such as salaries and benefits,
equipment or other costs exceeding ten percent (10%) of the approved budget, for
that major category, represents a departure from the approved project plans and
require DAAS' prior approval. Budget modification requests shall be made to DAAS
in the form of a written justification outlining specific shifts of funds that will be made.
Note: The total amount of the change must not result in the Title III funds exceeding
the contracted amount for all Title III funds.
d. Allowable Costs (CDA PM, Section G, Paragraph 93.31)
e. Source Documentation (CDA PM, Section G, Paragraph 93.39)
Accounting records shall be supported by source documentation such as canceled
checks, original invoices, time sheets and payroll records, grant and contract award
documents, in-kind documentation, etc., which are maintained to comply with record
retention requirements.
Page 8 of 26
P. Reports
1. Contractor, at such times and in such forms as DAAS may require, shall furnish
statements, records, reports, data and information requested by DAAS pertaining to
Contractor's performance of services hereunder and other matters covered by this
Contract. The forms shall be reviewed for timeliness, completeness, and correctness of
the information submitted, by the Program Director or his/her designee, prior to submission
to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the
event of changes in these forms, DAAS shall advise the Contractor via written notice.) The
Contractor shall develop and implement a process for ensuring quality control.
2. Contractor shall meet the following standards for its financial management systems, as
provided in the CDA PM:
a. Financial Reporting (CDA PM, Section G, Paragraph 93.5a)
Accurate, current and complete disclosure of the financial results of each program
(i.e., congregate meals, or home-delivered meals) such as shall be made in
accordance with the financial reporting requirements of the Contract The following
reports are to be submitted to DAAS when indicated:
1) Monthly (Due by 5th working day of each month)
. Monthly Nutrition Program Expenditure Report / Request for
Reimbursement
2) Semi-Annually
. Budget Revision #1 (Due November 1)
. Budget Revision #2 (Due March 31)
3) Annually
. Financial Close-out Report (Due August 1)
. Periodic Inventory (Due August 1 with close-out)
. Audit Report (Due October 31)
. Revised Financial Close-out Report (Due October 31 with Audit Report)
b. Program Reporting
The following reports are to be submitted to DAAS when indicated:
1) Monthly (Due by the 5th working day of each month)
. III B Monthly Supportive Services Report
. III C1, C2 Monthly Nutrition Report
2) Quarterly
. Program modification request in writing to DAAS. Contractor shall
describe, in detail, necessary program change(s) and the reason(s) for
the requested modification.
3. DAAS may require financial reports more frequently than indicated above or with more
detail (or both), upon written notice to the Contractor, until such time as DAAS determines
that the financial management standards are met.
4. Contractor is required to work in conjunction with DAAS in developing and maintaining a
client database.
Q. Property Management
1. All equipment purchases of $500.00 require the written approval of the Director of DAAS or
his/her designee prior to purchase.
2. All equipment, materials, supplies or personal property of any kind purchased with Contract
funds provided herein shall be in accordance with CDA PM, Section G, Paragraph 93.19,
and if not fully expended or consumed prior to the termination of this Contract shall be the
Page 9 of 26
property of the CDA, unless otherwise directed by the CDA. All equipment must be used
to conduct business under this Contract.
3. The Contractor shall exercise due care in the use, maintenance, protection, and
preservation of personal property during the period of the project. The Contractor shall be
held liable for all losses of or damage to non-expendable equipment or material resulting
from negligence or improper implementation of safeguards.
4. The Contractor shall record the following information when property is acquired:
a. Date acquired;
b. Property description (including model number);
c. Property identification number (serial number);
d. Cost or other basis of valuation; and
e. Fund source.
5. The Contractor shall keep track of property purchased with funds under this Contract. The
Contractor shall submit to DAAS, annually with the close-out, a current inventory of
property furnished or purchased with funds awarded under the terms of this Contract or
any predecessor agreement for the same purpose.
6. Loss of Property
a. The disposal, 1055 andlor destruction of property or equipment shall be fully
documented by the Contractor with copies provided to DAAS along with the monthly
expense report for the month in which the 1055 occurred.
b. The Contractor shall immediately investigate, and within five (5) days fully document
the 1055, destruction, or theft of such property.
c. Loss by fire, vandalism, or theft must be immediately reported to the fire department
or law enforcement agency, as applicable. A copy of the fire department or law
enforcement agency report of the incident shall also be forwarded to DAAS.
d. DAAS shall be notified of the 1055 within seventy-two (72) hours of the discovery of
the 1055.
7. The Contractor shall exercise due care in the use, maintenance, protection, and
preservation of such property during the term of the Contract, and shall assume
responsibility for replacement or repair of such property during the term of the Contract and
until the Contractor has complied with all written instructions from the state via DAAS
regarding the final disposition of the property.
8. In the event of the Contractor's dissolution or upon termination of this Contract, the
Contractor shall provide a final property inventory to DAAS.
9. The Contractor shall use the property for the purpose for which it was intended under the
Contract. In no instance shall equipment be loaned to other programs or organizations
without the written approval of the Director of DAAS or hislher designee.
10. The Contractor or any subcontractor shall not use equipment or supplies acquired under
this Contract with federal andlor state monies for personal gain or to usurp the competitive
advantage of a privately-owned business entity.
11. If purchase of equipment is a reimbursable item, the equipment to be purchased will be
specified in the budget.
12. The Contractor shall include the provisions contained in Article III, Section N, Paragraph 3,
which pertains to "Additional Named Insured" in all of its subcontracts awarded under this
Contract.
Page 100f26
13. Equipment that is worn beyond economical repair must be reported to OMS on the
monthly expense report. It shall be the responsibility of OMS, after receiving this report,
to instruct the Contractor as to the proper method of disposal.
14. Once Contractor has received disposal authorization for a vehicle to be saivaged,
Contractor shall ensure that all identifying lettering, signs, etc., are removed.
15. Prior to replacement of any property, Contractor must obtain written authorization from
OMS.
16. Any equipment purchased with Contract funds shall be subject to inspection, over the life
of the equipment, and if under-used, misused, or not used, may be claimed by OMS for
redistribution to other OMS projects.
17. Vehicles purchased with Contract funds shall also have the following language painted or
affixed by other means on the vehicle: "Vehicle Purchased with Older Americans Act
Funds."
18. Any equipment purchased shall be reported on the Expenditure and Claim for
Reimbursement Report for the month in which the equipment was purchased. OMS shall
verify approval for purchase was given prior to the purchase of the equipment.
19. Equipment shall be periodically inventoried by OMS to ensure all equipment purchases
are properly approved, documented, and recorded on the inventory. Significant violations
may result in the imposition of sanctions.
III. CONTRACTOR GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent
capacity and not as officers, employees, or agents OMS or of the County of San Bernardino.
B. Without the prior written consent of County, this Contract is not assignable by Contractor either in
whole or in part.
C. Contractor agrees to provide or has already provided information on former County of San
Bernardino administrative officials (as defined below) who are employed by or represent
Contractor. The information provided includes a list of former county administrative officials who
terminated County employment within the last five (5) years and who are now officers, principals,
partners, associates or members of the business. The information also includes the employment
with or representation of Contractor. For purposes of this provision, "County Administrative Official"
is defined as a member of the County of San Bernardino, Board of Supervisors or such officer's
staff, County Administrative Officer or member of such officer's staff, County department or group
head, assistant department or group head, or any employee in the Exempt Group, Management
Unit or Safety Management Unit.
D. If during the term of this Contract, the County determines that the Contractor has made a material
misstatement or misrepresentation or that materially inaccurate information has been provided to
the County, this Contract may be immediately terminated by the County. If this Contract is
terminated according to this provision, the County is entitled to pursue any available legal
remedies.
E. Subcontracting
The Director of OMS is designated the authority to approve one or more subcontracts provided each
subcontract meets the following terms and conditions:
Page 11 of 26
1. The policies and procedures used in processing and awarding the subcontracts were (a)
organized and structured; (b) reasonable and equitable; (c) documented and approved by
appropriate authorities; (d) consistent with applicable federal, state, and local procurement
requirements; (e) uniformly applied; and (f) open for public review and scrutiny.
2. All subcontracts require the advance written approval of the Director of DAAS or hislher
designee.
3. The Contractor shall be responsible for the performance of any subcontractors and shall retain
the prime responsibility for all terms and conditions set forth in this Contract, including but not
limited to, the responsibility for handling property in accordance with Article II, Section Q, and
ensuring the accessibility, availability and retention of records of subcontractors in accordance
with Article III, Section O.
4. Funds for this Contract shall not be obligated in subcontracts for services beyond the
termination date of this Contract.
5. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on
behalf of the County.
6. Copies of subcontracts, memoranda and/or letters of understanding shall be on file with the
Contractor and shall be made available for review at the request of the County.
7. The Contractor shall be responsible to ensure all subcontractors meet the insurance
requirements and for monitoring the insurance requirements in accordance with Article III,
Section N.
8. The Contractor shall require all subcontractors to indemnify, defend and save harmless the
Contractor and the County, its officers, agents, and employees from any and all claims and
losses accruing to or resulting from any contractors, subcontractors, materialmen, laborers,
and any other person, firm, or corporation furnishing or supplying work services, materials, or
supplies in connection with any activities performed for which funds from this Contract were
used and from any and all claims and losses accruing or resulting to any person, firm, or
corporation who may be injured or damaged by the subcontractor in the performance of this
Contract.
9. The Contractor shall ensure that the subcontractor shall complete all reporting and
expenditure documents requested by DAAS. These reporting and expenditure documents
shall be sent to the Contractor in a timely manner and at intervals as determined by DAAS.
10. A copy of the executed subcontract shall be submitted to the Director of DAAS.
F. Contractor shall maintain all records and books pertaining to the delivery of services under this
Contract and demonstrate accountability for Contract performance. Said records shall be kept and
maintained within the County of San Bernardino. County shall have the right upon reasonable notice
and during reasonable business hours to examine and inspect such records and books.
G. Contractor shall notify County in writing of any change in mailing address, telephone or fax numbers
andlor physical location within ten (10) days of the change.
H. Contractor shall notify County of any continuing vacancies and any positions which become vacant
during the term of this Contract which shall result in reduction of services to be provided under this
Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to
provide the services and to fill the position as expeditiously as possible. Vacancies and associated
Page 12 of 26
problems shall be reported to County on each periodically required report for the duration of said
vacancies and/or problems.
I. Contractor shall notify the County Human Services System ("HSS") Contract Administration Unit of all
upcoming meetings of the Board of Directors or other governing party and shall keep County apprised
of any and all actions taken by its Board of Directors which may impact on the Contract. All Board of
Directors' minutes shall be submitted to County in the month following approval of the minutes.
Further, a County representative shall have the option of attending the meetings of the Board of
Directors during the term of this Contract.
J. Contractor shall require all persons, including but not limited to its officers, agents, employees,
volunteers and any subcontractor directly or indirectly involved in administration of services provided
under this Contract to comply with the provisions of Section 10850 and 827 of the Welfare and
Institutions ("W & I") Code and Division 19-000 of the Department of Social Services Manual of
Policies and Procedures to assure that:
1. All applications and records concerning any individual made or kept by any public officer,
public agency, or Contractor with the administration of any provision of the W & I Code
relating to any forms of public social services provided under this Contract shall be confidential
and shall not be open to examination for any purpose not directly connected with the
administration, performance, compliance, monitoring or auditing of such services.
2. No person shall publish, disclose, use, permit or cause to be published, disclosed, or used,
any confidential information pertaining to any applicant or recipient of services under this
Contract. Contractor agrees to inform all persons directly or indirectly involved in
administration of services provided under this Contract of the above provisions and that any
person deliberately violating these provisions is guilty of a misdemeanor.
K. Contractor agrees to and shall comply with the County's Elder and Dependent Adult Abuse
Reporting Requirement:
1. Contractor shall ensure that all known or suspected instances of elder or dependent adult
abuse are reported to DMS Adult Protective Services staff.
2. In accordance with W & I 15630 (a) all employees of the Contractor and its subcontractors
are mandated reporters of elder and dependent adult abuse. Mandated reporters are
required to report all instances of physical abuse of elderly and dependent adults and may
report other types of abuse. Physical abuse must be reported under the following
circumstances:
a. When the mandated reporter has observed an incident that reasonably appears to be
physical abuse;
b. When the mandated reporter has observed a physical injury where the nature of the
injury, its location on the body, or the repetition of the injury clearly indicates that
physical abuse has occurred;
c. When the mandated reporter is told by an elderly or dependent adult that he or she has
experienced behavior constituting physical abuse.
3. A telephone report of physical abuse must be made immediately or as soon as possible. A
written Report of Dependent Adult/Elder Abuse (SaC 341) must follow within two (2)
working days.
4. Incidents of elder and dependent adult abuse must be reported to the correct agency as
follows:
Page 13 of 26
a. If the abuse has occurred in a long term care facility, except a state mental hospital or
state developmental center, the report shall be made to the local Long Term Care
Ombudsman or local law enforcement;
b. If the abuse has occurred in a state mental hospital or state developmental center, the
report shall be made to the designated investigators of the State Department of Mental
Health or the State Department of Developmental Services or to the local law
enforcement;
c. If the abuse occurred anywhere other than a long term care facility or state mental
hospital or state developmental center, the report shall be made to Adult Protective
Services or local law enforcement.
5. Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting
Law are enacted, the Contractor is bound to comply with the most current regulations.
L. Contractor shall not employ in any capacity, paid or volunteer, any person who has been convicted
of any crime of violence or of any sexual crime and shall, upon discovery of such, terminate the
employment of said person. Contractor shall investigate all incidents where an applicant,
employee, intern or volunteer has been arrested for any crime listed in Penal Code Section 11105.3
and shall take action to either deny employment or terminate employment where the investigation
shows that the underlying conduct associated with the arrest renders the person unsuitable for
employment, internship, or volunteer services. Contractor shall immediately notify the County
concerning the arrest andlor conviction, for other than minor traffic offenses, of any paid employee,
agent consultant, intern or volunteer staff, when such information becomes known to Contractor.
M. Contractor shall make every reasonable effort to prevent employees, consultants or members of its
Board of Directors from using their positions for purposes that are, or give the appearance of, being
motivated by a desire for private gain for themselves or others, such as those with whom they have
family, business, or other ties. In the event County determines a conflict of interest exists, any
increase in costs associated with the conflict of interest may be disallowed by County and such
conflict may constitute grounds for termination of the Contract. This provision shall not be construed
to prohibit employment of persons with whom Contractor's officers, agents, or employees have family,
business or other ties so long as the employment of such persons does not result in increased costs
over those associated with the employment of any other equally qualified applicants and such
persons have successfully competed for employment with other applicants on a merit basis.
N. Contractor shall maintain in accordance with County Risk Manager requirements such insurance as
will fully protect Contractor and County from any and all claims under any worker's compensation act
or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage
to property or for personal injury, including death, or violation of civil rights claim made by anyone
whomsoever which may arise from any negligent act carried on under this Contract, either by
Contractor, any subcontractor or by anyone directly or indirectly engaged or employed by either of
them. Contractor agrees to and shall comply with the following indemnification and insurance
requirements:
1. Indemnification - The Contractor agrees to indemnify, defend and hold harmless the County
and its authorized officers, employees, agents and volunteers from any and all claims, actions,
losses, damages, andlor liability arising from Contractor's acts, errors or omissions and for
any costs or expenses incurred by the County on account of any claim therefore, except
where such indemnification is prohibited by law.
2. Insurance - Without in any way affecting the indemnity herein provided and in addition thereto,
the Contractor shall secure and maintain throughout the term of the Contract the following
types of insurance with minimum limits as shown:
Page 14 of 26
a. Worker's Compensation - A program of workers' compensation insurance or a state-
approved self insurance program in amount and form to meet all applicable
requirements of the labor Code of the State of California, including Employer's
Liability with $250,000 limits, covering all persons providing seNices on behalf of the
Contractor and all risks to such persons under this Contract.
b. Comprehensive General and Automobile Liability Insurance - This coverage shall
include contractual coverage and automobile liability coverage of owned, hired and
non-owned vehicles. The policy shall have combined single limits for bodily injury and
property damage of not less than one million dollars ($1,000,000).
c. Errors and Omissions Liability Insurance - This coverage shall have combined single
limits of $1,000,000 for bodily injury and property damage and $3,000,000 in the
aggregate or
Professional Liability - Professional liability insurance shall have limits of at least
$1,000,000 per claim or occurrence.
3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming
the County and its officers, employees, agents and volunteers as additional named insured
with respect to liabilities arising out of the performance of seNices hereunder.
4. Waiver of Subrogation Rights - Except for Errors and Omissions Liability and Professional
Liability, Contractor shall require the carriers of the above-required coverages to waive all
rights of subrogation against the County, its officers, employees, agents, volunteers,
contractors and subcontractors.
5. Policies Primary and Non-Contributory - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by the
County.
6. Proof of Coverage - Contractor shall immediately furnish certificates of the required insurance
policies to OMS evidencing the insurance coverage, including endorsements, above required
prior to the commencement of performance of seNices hereunder, which certificates shall
provide that such insurance shall not be terminated or expire without thirty (30) days prior
written notice to OMS, and Contractor shall maintain such insurance from the time Contractor
commences performance of seNices hereunder until the termination of the Contract. Within
sixty (60) days of the commencement of this Contract, the Contractor shall furnish certified
copies of the policies and all endorsements.
7. Insurance Review - The above insurance requirements are subject to periodic review by the
County. The County's Risk Manager is authorized, but not required, to reduce or waive any of
the above insurance requirements whenever the Risk Manager determines that any of the
above insurance is not available, is unreasonably priced, or is not needed to protect the
interests of the County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not required, to change
the above insurance requirements, to require additional types of insure coverage or higher
coverage limits, provided that any such change is reasonable in light of past claims against
the County, inflation, or any other item reasonably related to the County's risk.
8. Any such reduction or waiver for the entire term of the Contract and any change requiring
additional types of insurance coverage or higher coverage limits must be made by
amendment to this Contract. Contractor agrees to execute any such amendment within thirty
(30) days of receipt.
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O. Contractor agrees to and shall comply with the County's Child Support Compliance Program
requirements:
1. Contractor's Warranty of Adherence to County's Child Support Compliance Program.
Contractor acknowledges that County has established a goal of ensuring that all individuals
who benefit financially pursuant to the Contract are in compliance with their court-ordered
child, family and spousal support obligations in order to mitigate the economic burden
otherwise imposed upon County and its taxpayers. As required by County's Child Support
Compliance Program (County Code Section 110.0101 et seq.) and without limiting
Contractor's duty under this Contract to comply with all applicable provisions of law, Contractor
warrants that it is now in compliance and shall during the term of this Contract maintain
compliance with employment and wage reporting requirements as required by the Federal
Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code
Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding
Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal
Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section
5246(b). Contractor hereby acknowledges the County may require the Contractor to submit a
completed Principal Owner Information (POI) Form upon the request of the District Attorney.
2. Termination for Breach of Warranty to Maintain Compliance with County's Child Support
Compliance Program.
Failure of Contractor to maintain compliance with the requirements set forth in the preceding
paragraph shall constitute a default by Contractor under this Contract. Without limiting the
rights and remedies available to County under law or under any other provision of this
Contract, failure to cure such default within ninety (90) days of notice by the County of San
Bernardino, Department of Child Support shall be grounds upon which the County may
terminate this Contract.
P. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or
regulations relating to its duties, obligations and performance under the terms of the Contract and
shall procure all licenses and pay all fees and other charges required thereby. Contractor shall
maintain all required licenses during the term of this Contract. Failure to comply with the provisions of
this section may result in immediate termination of this Contract.
Q. Contractor shall comply with all applicable local health and safety clearances, including fire
clearances, for each site where services are provided under the terms of this Contract.
R. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program
and Civil Rights Compliance requirements:
1. Equal Employment Opportunity Program: The contractor agrees to comply with the
provisions of the Equal Employment Opportunity Program of the County of San Bernardino
and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended
by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of
1964 (and Division 21 of the California Department of Social Services Manual of Polices
and Procedures and California Welfare and Institutions Code, Section 1000), the California
Fair Employment and Housing Act, and other applicable federal, state, and County laws,
regulations and policies relating to equal employment or social services to welfare
recipients, including laws and regulations hereafter enacted.
Contractor shall not unlawfully discriminate against any employee, applicant for
employment, or participant on the basis of race, national origin or ancestry, religion, sex,
Page 16 of 26
marital status, age, political affiliation or disability. Information on the above rules and
regulations may be obtained from HSS Contract Administration.
2. Civil Rights Compliance: Contractor shall develop and maintain internal policies and
procedures to assure compliance with each factor outlined by state regulation. These
policies must be developed into a Civil Rights Plan (the "Plan"), which is to be on file with
HSS Contract Administration within thirty (30) days of awarding of the Contract. The Plan
must address prohibition of discriminatory practices, accessibility, language services, staff
development and training, dissemination of information, complaints of discrimination,
compliance review, and duties of the Civil Rights Liaison. Upon request, HSS will supply a
sample format of the Plan. Contractor will be monitored by HSS for compliance with
provisions of its Civil Rights Plan.
S. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act
("ADA").
T. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the
State Energy Conservation Plan (Title 20, Chapter 4, California Code of Regulations).
U. If the amount available to Contractor under this Contract, as specified in Article V, Section A,
Paragraph 1, exceeds $100,000, Contractor agrees to comply with Section 306 of the Clean Air Act
(42 USC 1857 h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and
Environmental Protection Agency regulations (40 CFR, Part 15).
V. Contractor shall use recycled and recyclable products, whenever possible, in fulfilling the terms of this
Contract. Recycled printed products shall include a symbol identifying the recycled material.
W. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits
concerning this Contract against the County, shall be the Contractor's sole expense and shall not
be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each
party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the
outcome of the dispute.
X. Contractor agrees any books, reports, pamphlets, papers, articles, or other materials published or
transferred, including newspaper reports, based on activities funded by this Contract, must (a) carry
an acknowledgement of funding by the San Bernardino County OMS. The following language
should be used: "These materials or products are the result of a project funded in part or in whole
by the County of San Bernardino Department of Aging and Adult Services through the Older
Americans Act, as amended."; (b) give the name of the entity, the address, and telephone number
at which the supporting data is available; (c) include a statement that the conclusions and opinions
expressed may not be those of the state, the County, and/or OMS and that the publication may
not be based upon or inclusive of all raw data.
Y. If the Contract results in a book or other copyrightable material(s), the author is free to copyright
the work, but OMS reserves a royalty-free, non-exclusive and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, all copyrighted material which can be
copyrighted resulting from the Contract.
Z. All activities not expressly authorized by this Contract shall be prohibited without the express written
permission of the Director of OMS or his/her designee.
M. Contractor agrees it shall not perform or permit any religious proselytizing activities in connection
with the performance of this Contract.
BB. Persons selected for project staff positions, after the effective date of this Contract, may not be
within the immediate family or other contractor staff in positions of authority, members of the
Page 17 of 26
Contractor's Board of Directors, or DMS staff. Individuals within the immediate family of project
staff may not serve on the Contractor's Board of Directors.
Any individual who may have been selected or elected to the Board of Directors before the effective
date of this Contract, who has immediate family employed by the Nutrition Services Program, then
either the board member or the employed member(s) of the board member's immediate family
must resign from their position(s) within thirty (30) days of the effective date of this Contract.
Immediate family refers to spouse, child, grandchild, mother, father, grandparents, brother, sister,
mother-in-law, father-in-law, daughter-in-law, son-In-law, aunt, uncle, niece, nephew, and members
of the same household.
IV. COUNTY RESPONSIBILITIES
A. The County agrees to monitor and evaluate the performance of the Contractor in meeting the terms
of the Contract and the quality and effectiveness of services provided based on the criteria as
determined by the County.
B. The County is to provide consultation and technical assistance in monitoring the terms of this
Contract.
C. The County shall approve an audit firm, selected by the Contractor, to conduct a fiscal and program
audit as specified in Article VI.
D. The County agrees to compensate Contractor for approved expenses in accordance with Article V
of this Contract.
V. FISCAL PROVISIONS
A. The maximum amount funds available under this Contract shall not exceed $168.548 and shall be
subject to availability of funds from CDA
B. Upon written demonstration of need by Contractor and at the option of County, 10% of the Title III
funds may be advanced to Contractor by County upon approval of the Director of DMS. Any such
advance shall cause the amounts payable to Contractor in subsequent months to be reduced to the
amount determined by dividing the balance left by the number of months remaining in the Contract
term. No advance will increase the amount shown in Paragraph A of this Article.
C. If, as a result of advanced income, the project earns interest on funds awarded by DMS, that
interest shall be identified as income to the program and used for program expenditures, with full
documentation on file.
D. Contractor shall be compensated with the remainder of the Title III funds monthly. The calculation
of the monthly disbursement amount will be based on the year-to-date expenditures identified in the
Expenditure Report/Request for Reimbursement form compared to the year-to-date advanced
funds.
E. United States Department of Agriculture ("USDA") funds shall be paid at the prevailing rate for each
reimbursable meal served, and reimbursed to Contractor, as funds become available.
F. Contractor shall expend all funds received hereunder in accordance with this Contract.
G. Contractor shall ensure that all expenditures are supported by properly executed payroll, time
records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in
whole or in part to this Contract. Such documents shall be clearly identified and readily accessible
to DMS staff, as may be required.
Page 18 of 26
, ,
H. OMS reserves the right to refuse payment to the Contractor or later disallow costs for any
expenditure determined by OMS andlor CDA not to be in compliance within this Contract, or
inappropriate to such activities, or for which there is inadequate supporting documentation
presented, or for which prior approval is required but not granted.
I. Contractor shall return to OMS, immediately upon written demand, any funds provided under this
Contract which are not payable for goods or services delivered prior to the termination,
cancellation, or expiration of this Contract, or the dissolution of the entity.
J. Contractor must return any unspent funds with submittal of revised year-end Financial Closeout
Report, based on independent audit.
K. Contractor shall maintain accounting records to account for the funds received under the terms and
conditions of this Contract separate from any other funds administered by the Contractor.
Contractor shall maintain records in accordance with generally accepted accounting principles.
L. Costs for services under the terms of this Contract shall be incurred during the Contract period
except as approved by County. Contractor shall not use current year funds to pay prior or future
year obligations.
M. Contractor is encouraged to seek contributionsldonations from the elderlyparticipating in the
prograrn. The program income goal for contributions/donations should be twenty-five percent
(25%) or more of the total expenditures identified in the attached budget display.
N. General program income shall be used to increase the number of elderly served by a project, to
facilitate access to such meals, and to provide supportive services directly related to nutrition as
defined in the Work Plan. General program income shall be used within the program in which it
was earned.
O. Deferred Income
1. prograrn income not utilized for current year expenditures in excess of the budgeted
program income amount identified in Exhibit B-1 and B-2 shall be identified as "deferred
income". This income will be expended by September 30 of the following fiscal year. In
addition, this income must be identified on page 6 of the year end Financial Close-out
Report and then carried forward as a budget item in the new fiscallcontract year. Use of the
deferred income must be reported in the Expenditure Report/Request for Reimbursement
expense reports as spent, by September 30 of the following fiscal year.
2. When the amount of the deferred income is determined through the audit, Contractor shall
revise the deferred income figure, previously reported, by adjusting the following month's
expense report claim for reimbursement and shall submit a new budget reflecting the
revisions.
3. Deferred income will be used for general program expenditures, to increase the number of
elderly served by the Nutrition Program, and to provide supportive services directly related
to nutrition. Deferred income will be used within the program (i.e. congregate meal or
home-delivered meal) in which it was earned.
P. Matching Contributions
The Contractor shall provide in-kind matching contributions of a minimum of $13.357, which is the
Title III portion of the Contract multiplied by 11.11 %. Allowable match shall be in compliance with
the following requirements:
Page 19 of 26
1. Matching in-kind contributions must be for allowable costs as determined by CDA PM.
Allowable costs include but are not limited to rent, utilities, supplies, personnel (volunteer).
2. To qualify as a matching in-kind contribution, indirect or Contractor allocated overhead
expenses must be supported by a documented cost allocation plan.
3. Matching in-kind contributions in excess of the minimum required in one service component
may be used to match another service component within the Older Americans Act. As an
example, match exceeding the minimum requirement in a transportation program may be
used to offset an under match in in-home supportive services.
4. Contractor shall provide a Budget In-Kind narrative statement to DMS with the submittal of
the initial budget identifying the type, rates applied and, if applicable, sourcellocation of in-
kind to be used as match for the period of the Contract. The identified in-kind match shall
be reported monthly on the monthly expense reports.
a. Services of volunteers shall be valued at rates consistent with those ordinarily paid
for similar work by the Contractor. If the Contractor does not have similar work, the
rate shall be consistent with those in the labor market. In either case, a reasonable
amount of employee benefits may be included.
b. All other in-kind contributions shall be valued at current market value.
Q. Budget and Budget Revisions
1. The Contractor shall be reimbursed for expenses only as itemized in the budget approved
by DMS, which is attached and hereby incorporated by reference.
2. The budget must set forth in detail the reimbursable items, unit rates, and extended total
amounts for each line item. The Contractor's budget shall include, at a minimum, the
following items when reimbursable under this Contract:
a. Direct and overhead costs;
b. Rental reimbursement items should specify the unit rate, such as the rate per square
foot;
c. If purchase of equipment is a reimbursable item, the equipment to be purchased
should be specified;
d. Any travel outside the State of California.
3. Budget and budget revisions shall adhere to any other provisions contained in the CDA PM.
4. The County Board of Supervisors delegates the authority to the Director of DMS to make
budget revisions provided the revisions do not result in the amount of the Contract
exceeding the previously Board approved amount.
R. Funds made available under this Contract shall not supplant any federal, state or any governmental
funds intended for services of the same nature as this Contract. Contractor shall not claim
reimbursement or payment from County for, or apply sums received from County with respect to
that portion of its obligations which have been paid by another source of revenue. Contractor
agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a
contribution or compensation for purposes of obtaining funds from another revenue source without
prior written approval of the County.
S. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting
from this Contract however designated, levied or imposed, unless County would otherwise be liable
for the payment of such taxes in the course of its normal business operations.
Page 20 of 26
VI. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Contractor in the delivery of
services provided under this Contract.
B. County or any subdivision or appointee thereof, and the state or any subdivision or appointee thereof,
including the Auditor General, shall have absolute right to review and audit all records, books, papers,
documents, corporate minutes, and other pertinent items as requested, and shall have absolute right
to monitor the performance of Contractor in the delivery of services provided under this Contract. Full
cooperation shall be given by Contractor in any auditing or monitoring conducted.
C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this
Contract and comply with any and all reporting requirements established by this Contract.
D. All records pertaining to service delivery and all fiscal, statistical and management books and records
shall be available for examination and audit by County, federal and state representatives for a period
of three (3) years after final payment under the Contract or until all pending County, state and federal
audits are completed, whichever is later. Records of the Contractor which do not pertain to the
services under this Contract may be subject to review or audit unless provided in this or another
Contract. Technical program data shall be retained locally and made available upon the County's
reasonable advance written notice or turned over to County. If said records are not made available at
the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County
for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement shall
not exceed $50 per hour (including travel time) and be deducted from the following month's claim for
reimbursement.
E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of
County's representative in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as shall not unduly delay the work of the Contractor.
F. Contractors who expend more than $300,000 of aggregate federal awards shall arrange for an
audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98-502
and a copy submitted to:
Department of Aging and Adult Services
686 East Mill Street
San Bernardino, CA 92415-0640
G. If Contractor is a public or private entity:
1. Non-profit institution expending more than $300,000 a year in aggregate federal awards
shall have an audit made in accordance with the provisions of Office Management and
Budget (OMB) Circular A-133. Audits of Institutions of Higher Education and other non-profit
institutions.
2. Non-profit institutions that expend less than $300,000 a year in aggregate federal awards
are exempt from federal audit requirements for that year. However, an on-site monitoring
visit shall be performed to ensure that federal awards are used for authorized purposed
under OMB Circular A-110 or OMB Circular A-128.
3. Any non-profit institution that obtains audit reports but is not required to, shall not be
reimbursed for audit report expenses.
H. Required audits must be performed in accordance with generally accepted auditing standards
("GAAS") and the Statements of Auditing Standards ("SASS") issued and interpreted by the
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American Institute of Certified Public Accountants ("AI CPA") and the Government Auditing
Standards ("Yellow Book") issued by the U.S. General Accounting Office.
Further, the audit must include a review of compliance to determine whether statistical data is
recorded accurately and reported properly, to determine whether the Nutrition Program is being
administered by the Contractor in compliance with the Contract auditing listing of client case files,
and to determine that the Nutrition Program revenue and expenditures are properly segregated
from other programs being administered by the Contractor.
I. To ensure that OMB Circular A-133 requirements are met, the audit report shall consist of the
following parts:
1. A report on the financial statements, a schedule of federal awards, which must report in-
kind match, along with the auditor's opinion on the financial statements;
2. A report on the entity-wide internal control systems based on the auditor's understanding of
the internal control structure and the assessment of control risk (made as part of a financial
statement audit); a report on internal controls (accounting and administrative) designed to
provide reasonable assurance of compliance with laws and regulations applicable to federal
assistance or federal awards, including tests of transactions (including program income and
expenditures);
3. A report on compliance with laws and regulations that may be material to financial
statements; an opinion on compliance with laws and regulations applicable to each major
federal program and a statement of positive assurance of those items that were tested
(including program income) for compliance and negative assurance for those items not
listed. These requirements may be met by the following:
a. A report on compliance with general requirements applicable to federal programs
drawn from the relevant OMB Compliance Supplement;
b. An opinion on compliance with specific requirements applicable to each major
program (major program refers to Congregate Meals, C-1 and Home Delivered
Meals, C-2). The opinion should specify whether information contained in federal
financial reports is supported by books and records and amounts claimed and used
for matching meet applicable cost principles.
4. A report on fraud, abuse, illegal acts or indications of such act, if necessary;
5. A schedule of reportable conditions (including material weaknesses) for internal control
findings and a schedule of findings and questioned costs for compliance findings (if not
included in the internal control or compliance reports); a management letter; separate
cornmunication of nonmaterial findings relative to federal programs.
J. Audit must also include:
1. Schedule of Service Delivery: This schedule will give the number of service units provided
by the Contractor, by program and by month.
2. Schedule of Meals Served: This schedule will give the total number of meals served by the
Contractor for the term of the Contract. Meal count shall be classified as C-1 or C-2.
K. Contractor shall select a certified public accountant from the list of approved auditors published by
the County of San Bernardino. The Contractor must receive prior approval from DMS prior to
hiring the auditor.
Page 22 of 26
L. Contractor shall include in its contract with an independent auditor a clause permitting access by
the County and State to the work papers of the independent auditor.
M. Contractor shall notify OMS of the time and location of scheduled entrance and exit conferences
with independent auditors, so that appropriate OMS and other appropriate County staff may
participate.
N. The cost of audits performed pursuant to Public Law 98502 shall be charged to the Contractor, in
accordance with Public Law 98502 and OMS Circular A-128 or A-133, as appropriate.
O. All audits shall be performed in accordance with and address all issued contained in any OMS
Compliance Supplement that applies to the Nutrition Program.
P. Audits to be performed shall be financial and program compliance audits.
a. The auditor of record, hired by the Contractor, shall prepare and file with the County, a draft copy of
the independent audit within ninety (90) days after termination of this Contract and prior to the exit
conference. Within one hundred and twenty (120) days after the termination or expiration of this
Contract, the final independent audit report of related expenditures during the term of this Contract,
shall also be filed with the County.
R. Contractor shall assist and comply with audit resolution requirements as required by OMS,
including submitting to OMS at the exit conference, a corrective action plan for any findings or
recommendations, identified in the draft audit.
S. Contractor must take appropriate action to correct instances of non-compliance with federal laws
and regulations within six (6) months after OMS has received on the audit report.
T. The Contractor agrees to be subject to the examination and audit of the County for a period of
three (3) years after final payment under this Contract.
VII. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES
A. Correction of Performance Deficiencies
1. If, for any reason, the Contractor's service, including service to targeted populations, falls
five percent (5%) under or increases to twenty-five percent (25%) over the contracted level
during any calendar quarter, the Contractor shall submit to OMS, within thirty (30) calendar
days, an analysis of the situation and if a problem exists, state the actions being taken to
correct the problem. If the problem persists and at the sole discretion of OMS, OMS and
the Contractor may jointly prepare a written corrective plan with the time lines for
completion. If the Contractor fails to carry out the corrective action and does not meet a
one hundred percent (100%) Contract level within the required time frame, sanctions shall
be invoked. If, after all appropriate actions have been taken, the service level still falls to
five percent (5%) under or increases to twenty-five percent (25%) over the contracted level,
OMS may, in its sole discretion, adjust the contracted level of service and the budget,
thereby the funding, as appropriate.
2. The Contractor agrees that any remedy provided in this Contract is in addition to and not in
derogation of any other legal or equitable remedy available to the County and/or OMS as a
result of breach of this Contract by the Contractor, whether such breach occurs before or after
the termination of the Contract.
3. Failure by Contractor to comply with any of the provisions, covenants, requirements or
conditions of this Contract shall be a material breach of this Contract.
Page 23 of 26
4. In the event of a non-cured breach, County may, at its sole discretion and in addition to
immediate termination and any other remedies available at law, in equity, or otherwise
specified in this Contract::
a. Afford Contractor thereafter a time period within which to cure the breach, which
period shall be established at sole discretion of County; andlor
b. Discontinue reimbursement to Contractor for and during the period in which
Contractor is in breach, which reimbursement shall not be entitled to later recovery;
andlor
c. Withhold funds pending duration of the breach; andlor
d. Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to Article VII, Section A, Paragraph 2.b.; andlor
e. Terminate this Contract and be relieved of the payment of any consideration to
Contractor should Contractor fail to perform the covenants herein contained at the
time and in the manner herein provided. In event of such termination, the County
may proceed with the work in any manner deemed proper by the County. The cost
to the County shall be deducted from any sum due to the Contractor under this
Contract and the balance, if any, shall be paid by the Contractor upon demand.
B. Appeal Procedures
1. If Contractor disagrees with any decision or action taken by the County or DMS related to this
Contract, Contractormay choose to file a formal grievance by following the procedures below:
2. The Contractor shall file a formal written grievance with the DMS Supervisor of Administrative
Services ("DMS Supervisor") within ten (10) business days after the Contractor is aware of
the factors or conditions precipitating the contract dispute. The written grievance shall set
forth the subject of the grievance, identify the specific clause in dispute and shall provide a
detailed statement of the grievance, including dates, names, places, and the specific remedy
or action requested. The filing address is 686 East Mill Street, San Bernardino, California,
92415-0640. The DMS Supervisor shall provide a written response to Contractor within ten
(10) business days of receipt of the grievance.
3. If Contractoris not satisfied with the DMS Supervisor's response, Contractor may file a written
grievance appeal, which shall include a statement by the Contractor as to why the DMS
Supervisor's response is not satisfactory, to the Director of DMS within ten (10) business
days of receipt of the DMS Supervisor's response. The filing address is 686 East Mill Street,
San Bernardino, California, 92415-0640. The Director of DMS shall provide a written
response to Contractor within ten (10) business days. The Director of DMS shall have final
authority for the decision on the grievance except as provided in the paragraph below.
4. For those appeals which involve CDA programmatic policies and directives issued to the
County and contained within this Contract, this paragraph shall apply. If Contractoris not
satisfied with the Director of DMS' decision, the written grievance may be registered in writing
with the CDA, Case Management Branch, 1600 "K" Street, Sacramento, California, 95814,
within ten (10) business days following receipt of the Director of DMS' decision. Contractor
shall submit to CDA the original written grievance along with a copy of the DMS Supervisor's
written response, the Contractor's appeal to the Director of DMS, and the Director of DMS'
decision. CDA shall have final authority for the decision on the grievance.
VIII. TERM
This Contract is effective date of July 1, 2001, and an expiration date of June 30, 2002, but may be
terminated earlier as provided within the Contract.
Page 24 of 26
IX. EARLY TERMINATION
A. The County may terminate the Contract immediately under the provisions of Section VII of the
Contract. In addition, the Contract may be terminated by the County without cause, by serving a
written notice to the Contractor thirty (30) days prior to such termination. The HSS Assistant County
Administrator is authorized to exercise the County's rights with respect to any termination of this
Contract.
B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date
of termination. Contractor shall not be reimbursed for costs incurred after the date of termination.
X. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and
mailed to the parties at the following respective addresses listed below.
Contractor: City of San Bernardino
Attn: Director of Parks, Recreation and CSD
547 N. Sierra Way
San Bernardino, CA 92410-4816
County: County of San Bernardino
Human Services System
Attn: Contract Administration
150 S. Lena Road
San Bernardino, CA 92415-0515
B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or
employment arrangement between the parties hereto, nor shall either party have the right, power or
authority to create an obligation or duty, expressed or implied, on behalf of the party hereto.
C. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided
under this Contract from accounts payable to Contractor in the event debts and wages have not been
paid on a current basis.
D. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing
which refers to provisions so waived and which is executed by the parties. No course of dealing
and no delay or failure of a party in exercising any right under the Contract shall affect any other or
future exercise of that right or any exercise of any other right. A party shall not be precluded from
exercising a right by its having partially exercised that right or its having previously abandoned or
discontinued steps to enforce that right.
E. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless
specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly
signed and approved by the authorized representatives of both parties as an amendment to this
Contract. No oral understanding or agreement not incorporated herein shall be binding on any of
the parties hereto.
F. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or
contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable
(giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be
affected.
G. This Contract shall be governed by and construed in all aspects in accordance with the laws of the
Older Americans Act as amended and with state and federal laws. The parties agree to the exclusive
Page 25 of 26
jurisdiction of the federal and state courts located in the County of San Bernardino, for any and all
disputes arising under this Contract, to the exclusion of all other federal and state courts.
H. In the event of conflict between the provisions set forth in the terms and conditions of the Contract
and any attachment or exhibit (i.e., Project Application or Work Plan, Proposal, or Area Plan), the
provisions listed in the Contract's terms and conditions shall prevail.
XI. CONCLUSION
A. This Contract, consisting of 26 pages and Attachment A, Exhibit B, Exhibit B-1, Exhibit B-2,
Attachment C and Attachment D, is the full and complete document describing services to be
rendered by Contractor to County including all covenants, conditions and benefits.
B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit
and bind their respective institutions to the terms and conditions set forth in this Contract.
C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused
this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to
be subscribed in its behalf by its duly authorized officers, the day, month and year written.
By
.
COUNTY OF S N BERNARDINO
Dated:JUN 2 6 2001
SIGNED AND CERTIFIED li
DOCUMENT HAS BEEN D
CHAIRMAN OF THE BOAR
Clerk 0
of the
Title
mev/or
0/eJ-/ojn"! or Type)
,
Dated:
C'__
Address 547 N. Sierra Wav
San Bernardino. CA 92410-4816
o Legal Form
Reviewed by Contract Compliance
~ U(}1U
Tanya Bratton, tract Compliance
/P-/3-DJ
Reviewed for Processing
eputy County Counsel
Irk..!
~
Agency Administrator/CAD
Date
Date
Oate
L_____
Page 26 of 26
Attachment A Page 1 of 7
Work Plan
CilV of San Bernardino
FY 2001-2002
This work plan contains the measurable objectives mandated by DMS of the Nutrition provider.
The work plan specifies and establishes time frames either on an annual basis or where required
by state regulations on a quarterly basis. The work plan constitutes the primary document for on-
going monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure
the providers efforts towards providing quality Nutrition Services.
City of San Bernardino
I. Program Description
A. Geographic Area/Clientele & Eligibility Criteria
1. The geographic area served by this contractor covers the City of San
Bernardino.
2. The clientele for congregate nutrition consists of:
a. Seniors 60 and over;
b. The spouse of any person 60 and over;
c. Disabled individuals who reside in a housing facility occupied primarily
by the elderly at which congregate nutrition services are provided;
and,
d. A disabled individual who lives with an elderly individual and;
B. Program Description
1. Purpose: Nutrition services are provided to assist older individuals to live
independently by promoting better health through improved nutrition and
reduced isolation through a program coordinated with other supportive
services.
2. Definition: Nutrition services include the procurement, preparation, transport,
and service of meals to older persons at congregate sites or in their homes.
C. Intended Outcomes
1. Serve 238 Congregate meals per day that are nutritious, providing at least
1/3 of the minimum daily requirements, served in an environment that is
pleasant, safe and free from coercion at least 254 days for a total of 60,550
meals per year at the sites listed in Exhibit A-1.
2. Provide Congregate meals to at least 1,279 unduplicated seniors of which
Attachment A Page 2 of 7
610 are minority seniors of which 25% are low-income.
3. A Program Dietitian, meeting the requirements set forth within PM 95 03
(P), 145.3b, will provide a minimum of 4 hours weekly (20 hours per month)
of activity to provide functions mandated by the State of California. Those
functions include approval of the contractor menus for nutritional adequacy
and variety, staff training, nutrition education activities, and monitoring.
Contractor's menus will be planned to meet the nutritional requirements
providing 1/3 of the Daily RDA's. The menus shall include a variety of
regular and ethnic foods and shall be prepared by personnel knowledgeable
in food safety and the HACCP principles (Hazard Analysis Critical Control
Point). The HACCP system includes mainly temperature (food, refrigeration,
storage, delivery, etc.) and time control and documentation. The
temperatures and holding times shall be monitored and records kept on file
for DMS audit. Menus shall be approved by the project dietitian before
being submitted to the AM Dietitian for final approval and certification prior
to use as specified within PM 95 03 (P), 143.3 a, 6. Staff training will be
provided as specified within PM 95 03 (P), 147.5. Nutrition education
services shall be provided to homebound and congregate sites as specified
within PM 95 03 (P), 145.11. Nutrition counseling shall be provided to
homebound and congregate participants as specified within PM 95 03 (P),
145.13.
4. The project will assure that each participant shall fill out the Nutritional Risk
Assessment form to determine his or her level of nutritional health risk.
Forms will be filled out at the beginning of service for the home-delivered
meal participants and once a year for congregate meal participants. These
forms will be kept on file at the projects main office and made available for
annual review during the performance audit.
5. Provide outreach in the community through a minimum of 1 presentation to
community groups, organizations, at least once a month and through door-
to-door contact to new seniors of at least 42 contacts which represents at
least 27 hours of outreach activity. All outreach will be documented and kept
on file for the Annual Program Performance Review.
6. Conduct a client satisfaction survey at least once a year if not more often.
The survey instrument must be approved by a designated DMS staff prior
to its use, and all findings from the surveys must be used to improve
services. The returned surveys and the tabulated results must be kept on file
for review by DMS. A copy of the tabulated results must be sent to DMS.
7. Prepare posters and signs in languages other than English, and post the
signs in such locations as churches, community service locations and small
stores serving the minority communities.
Attachment A Page 3 of 7
II. Service Delivery Activities
A. Staffing and Volunteers
Sufficient personnel shall be available to carry out the needs of the program. This
includes a Project Director and additional personnel as determined by the size of
the service area and the method and level of service provision needed to fully
comply with the terms of this work plan and contract.
1.
Paid Staff
FTE
%C1
Food Service Supervisor II
Program Specialist
(2) Cooks
Driver
(4) Kitchen Workers
1
.56
1.75
.81
2.19
100%
100%
100%
100%
100%
2. Volunteer Staff
a. Volunteers constitute individuals who work without pay in the
performance of essential duties in meal preparation, service, or
delivery at either a Congregate or Home-delivered meal program and
for which an agreement exists between them and the project. The
agreement should cover at a minimum the number of hours that will
be volunteered, and the type of work to be volunteered.
b. Volunteers shall be recruited and used in all phases of services
operations. Volunteers shall:
i. Be screened and selected through a formal process that
assesses their capabilities, and;
ii. Not replace paid personnel.
c. Individuals who work at a meal preparation site for either Congregate
or Home-delivered Meals and are paid through Job Training and
Partnership Act, Senior Employment, Work Study, or any other job
training program are not considered volunteers and must pay the
agreed upon rate charged for regular paid staff.
B. Staffing Definitions-Nutrition Services Project Director: The minimum qualifications
for a Nutrition Project Director include individuals with an associate degree with
emphasis in:
1. Food services management; or
2. Business administration; or
3. Personnel and/or Human Resources Management, or Gerontology; and
4. Two years of experience with increasing responsibility and an emphasis on
management ability.
Attachment A Page 4 of 7
C. Training Activities
1. Provide training quarterly, at a minimum, to improve the ability, knowledge,
and skills of paid and volunteer staff of the nutrition program. Staff and
volunteer training shall include but not be limited to Food borne Illness, Food
Safety and Sanitation, Menu Requirements, and Nutrition Standards. A
written in-service training plan shall be prepared and submitted to DMS for
approval. A written training plan shall be prepared as specified within PM 95
03 (P), 147.5, in order to comply with this requirement. The written staff
training plan is to be implemented and placed on file by September 30, 2001,
and be ~vailable for review by DMS staff.
In addition, annually evaluate the paid staff and volunteer's performance to
determine hislher effectiveness, skill development and understanding of the
tasks they are assigned. Documentation of the annual evaluations will be
kept on file at the provider's main office for review by DMS during the
Annual Program Performance Review.
2. All Project Directors and food service managers shall complete a minimum
of 15 clock hours specifically related to food service management, business
administration, personnel, or personnel management. Proof of completion
will be documented and kept on file for review by the Department during the
Annual Program Performance Review.
3. All Project Directors and food service managers shall complete a minimum
of 15 clock hours specifically related to food sanitation and health. Each
nutrition site shall have at least one person who is certified in the Manager's
Food Safety Certification Program. Proof of completion will be documented
and kept on file for review by the Department during the Annual Program
Performance Review.
D.
Service Locations
Central Kitchens
1.
2.
3.
4.
5.
Senior Center
Perris Hill
Lytle Creek
Highland
Enterprise
~
E. Menu Planning
1. Coordinate with the Department's Nutritionist by providing monthly menus.
Allow DMS two weeks for the menu certification process. No change to
the menus will occur after certification without a two-day prior notice to DMS
and proper documentation kept on file at the provider's main office.
2. Develop menus that are reflective of the participants' food eating habits.
Particular attention shall be paid to ethnic and regional foods, which should
Attachment A Page 5 of 7
be served at least once a week if not more often.
III, Other Service Requirements
A. Meal Site Physical Set-up
1. Provide an attractive environment including but not limited to tablecloths,
table decorations, bulletin boards, wall decorations, matching dishes and
utensils. Further, the provider will encourage creative, appealing, and
innovative activities aimed at encouraging greater participation by the
seniors.
2. Post floor plans identifying emergency exits, assembly areas, etc. and
conduct evacuation drills at least twice a year. Proof of evacuation drills will
be kept on file duly signed by the Fire Marshall, or other authorized agency
within the community where the site or sites are located.
3. Post "NO SOLICITING" signs on the door leading into each Congregate site.
No soliciting of any kind is permitted on the premises during the lunch hours
for services or goods promoted by businesses.
B. Donations and Confidentiality
1. Maintain a written donation policy and appropriate procedures to safeguard
and account for all contributions.
2. Encourage seniors to donate by posting motivational signs, and by verbally
reminding the participants about the importance of their contributions. The
Contractor will not in any way employ tactics, which could be viewed as
coercion, embarrassing andlor obligatory to the meal being provided to the
senior participant. Tactics such as placing volunteers to guard the
collection boxes, having participants sign in and pay before a meal ticket is
given, etc. are strictly prohibited by this work plan and contract. Further, no
exchange of money for the purpose of making change will be allowed at the
collection box. Encourage participants to bring the correct change or make
change elsewhere (Le. office). Allow participants to place their donation in
the box by themselves in strict confidentiality.
3. All contributions, including those for guest and staff meals, shall be used to
increase the number of meals, to facilitate access to nutrition services, and
to provide other supportive services directly related to nutrition.
C. Coordination Activities
1. If applicable, develop a fair and equitable policy and procedure for referring
elderly participants to the appropriate transportation provider for securing
public transportation to and from nutrition sites and have the policy fully in
place by September 30.
,.
Attachment A Page 6 of 7
2. Include the following statement on all advertising, brochures, posters, etc.
"Funding for this service has been provided by the San Bernardino County
Department of Aging and Adult Services through a grant award from the
California Department of Aging".
3. Coordinate service with other county departments and local agencies by
providing time for presentations or special activities that promote a
Community Based System of Care for the elderly participants attending their
sites. All such activities must be documented and kept on file for review by
DAAS.
D. Reporting Requirements
1. Report all known or suspected cases of elderly abuse to DAAS Adult
Protective Services or law enforcement immediately or as soon as possible
by telephone, and send a written report within two (2) working days. Abuse
of an elder or dependent adult means physical abuse, neglect, intimidation,
cruel punishment, fiduciary abuse, abandonment, isolation or other treatment
with resulting physical harm or pain or mental suffering or the deprivation by
a care custodian of goods or services which are necessary to avoid physical
harm or mental suffering.
2. Report accurate meal counts on CDA 187 & 188 forms, which will be verified
by DAAS during the Annual Audit. Additionally, establish audit files which
include but are not be limited to a copy of the 187 report attached to the meal
sign-in sheets supporting meals reported on the CDA 187 form, and a copy
of the 188 report attached to source documents, i.e. route sheets supporting
meals reported on the CDA 188 form all of which will be kept on file by month
for annual review.
3. Report monthly expenditures to DAAS by the 5th working day of the month.
Maintain support files including but not limited to invoices, payroll, and other
supporting documents, all of which will be attached to a copy of the
expenditures report and kept on file by month for review during the Annual
Audit.
4. Maintain records, by month, that support claimed in-kind expenditures.
5. By September 30, report expenditures funded with Deferred Income.
6. Send all quarterly site monitoring reports to DAAS Nutritionist within 30 days
of completion for on-going monitoring and review. Provider must assure
regular on-going monitoring of health and safety factors including but not
limited to:
a. Hazard Analysis Critical Control Point;
b. Temperature monitoring and documentation;
c. Proper food storage and food holding times.
7. Develop and have on hand, for review by DAAS, a cost allocation plan which
, '
Attachment A Page 7 of 7
explains the methods used to allocate costs between Congregate and Home-
Delivered Meals or any other program funded by DAAS, such as Home
Repair, etc.
In the event additional funds become available, the provider will use the
funds to increase the number of meals being provided to elderly participants
by either increasing the number of individuals attending its present sites, or
by opening new sites in communities not already served by the provider.
Exceptions to this requirement, for instance the use of additional funds to
purchase equipment, must be fully documented in writing and submitted to
the department for prior approval. Failure to abide by this work plan will
constitute just cause for sanctions being imposed.
, '
.
CITY OF SAN BERNARDINO
EXHIBIT "B"
BUDGET SUMMARY
FY 2001 - 2002
FY 01-02
FUNDING
EXPENDITURES:
$168,548
REVENUES:
Title III, Older Americans Act
C-l
C-2
120,226
o
120,226
U. S. Department Of Agriculture
C-l
C-2
32,092
o
32,092
HSS Re-alignment Funds
C-1
C-2
16,230
o
16,230
TOTAL REVENUES:
$168,548
SAN BERNARDINO COUNTY-OMS Form 312A
02113/98
, '
EXHIBIT B-1
.
CONGREGATE SITES
%
HOME DELIVERED MEALS D
FUNDING MATCH
EXPENDITURE CATEGORY LESS MATCH CASH IN-KIND TOTAL
1. Personnel
(Attach Schedule of Personnel) 105576 26262 131838
2. Staff Travel 500 500
3. Staff Training 500 500
4. Equipment
(Attach Schedule of Equipment) 3552 3552
5. Consultants 8400 8400
6. Food Costs 105412 1050 106462
7. Consumable Supplies 10148 10148
8. Insurance 778 778
9. Repairs and Maintenance 3000 1471 4471
10. RenUBuilding Space 35741 35741
11. Utilities 17658 17658
12. Vehicle Operations 8000 8000
13. Volunteer Expenses 500 500
14. Other 8000 8000
Total Expenditure: 253588 82960 336548
Less Funding 82960 82960
Non Match USDA* 55,056/.53 29180 29180
Non Match Cash: ~ l~5 x dHs7<; 36750 36750
Program Income 55,056/.93 51202 51202
Total Funding Request 136456 136456
Jeannie Llovd (( l IJ~~ ~ L Phone No.: :?fz1'-!;43l./
Prepared By:
J
San Bernardino County - OMS Form 112
sed 01/08/01
BG funds, United Way Funds, etc.
.
EXHIBIT B-
Provide information regarding specific in-kind to be used as match. Include site location,
if applicable, descriptions, rates and other relevant information. The total should equal
the amount of in-kind re orted as match on your budget summary.
Personnel-Senior
Recreation Supervisor Program Wide
Raw Food Program Wide
Insurance Program Wide
Repairs/Maintenance Program Wide
Rent/Building Space Program Wide
Utilities Program Wide
Volunteer Expenses Program Wide
Other Program Wide
25.72--
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'(Identify type of in-kind: rent, volunteer services, etc.)
DATE OF SUBMISSION
If- t-z.,." VI
PROVIDER NAME
City of San Bernardino Senior Nutrition Program
y
San Bernardino County-DMS Form 332-Revised 01/02198
, '
ATTACHMENT C
.
San Bernardino County
CDA 217 (6/96)
Department of Aging and Adult Services
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the breaking of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certifY and disclosure accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
City of San Bernardino
CONTRACTOR
a[;J{,~ l.-lG110O-Y
A THORIZED SIGNATURE
California
STATE
J}1fG~
/TITLE
~-(;;~(>I
DATE
. .
ATTACHMENT D
.
.
ASSURANCE OF COMPLIANCE WITH
THE SAN BERNARDINO COUNTY
WELFARE DEPARTMENT
NONDISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
City of San Bernardino
NAME OF VENDOR/RECIPIENT
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as
amended, and in particular Section 272.6; title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51
et seq., as amended; California Govenunent Code Section 11135-11139.5, as amended; California Govenunent Code Section 12940
(c), (h), (i), and G); California Govenunent code, Section 4450; Title 22, California Code of Regulations 98000-98413, and other
applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts
80, 94, and 91, 7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public
assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group
identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or
political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any
program or activity receiving federal or state fmancial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately
take any measures necessary to effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE
VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of
subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual
of Policies and Procedures (MPP) Chapter 21, will be prohibited.
BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as
required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS andlor
federal govenunent personnel, during normal working hours, to review such records, books and accounts as needed to ascertain
compliance. If there are any yiolations ofthis assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies
in accordance with Welfare and Institutions Code Section 10605, or Govenunent Code Section I I 135-11139.5, or any other laws, or
the issue may be referred to the appropriate federal agency for further compliance action and enforcement ofthis assurance.
THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it
receives federal or state assistance.
&-(;)--01
Date
u~u, > 7. D'Z- tlLfYV
Director's Signature
547 N. Sierra Way
San Bernardino. CA 92410-4816
Address of Vendor /Recipient
(6/1/99)