HomeMy WebLinkAbout1998-103
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RESOLUTION NO.
98-103
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO
MAKE APPLICATION FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF
AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE
PERIOD OF SEPTEMBER 1, 1998 THROUGH JUNE 30, 1999.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Director of Parks, Recreation and Community
9 services Department of the City of San Bernardino is hereby
10 authorized and directed to submit an application to accept on
11 behalf of City a grant from San Bernardino County Department of
12 Aging and Adult Services for the Senior Nutrition Program for the
13 period of September 1, 1998 through June 30, 1999.
14 SECTION 2. The authorization granted hereunder shall expire
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and be void and of no further effect if the agreement is not
executed by both parties and returned to the Office of the City
Clerk within sixty (60) days following the effective date of the
Resolution.
19 I HEREBY CERTIFY that the foregoing Resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a joint regular meeting thereof, held on the
22 4th day of Mav
23 vote, to wit:
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, 1998, by the following
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98-103
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR
OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE
APPLICATION FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF AGING AND
ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF
SEPTEMBER 1, 1998 THROUGH JUNE 30, 1999.
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
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LIEN
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7 ARIAS
8 SCHNETZ
9 DEVLIN
10 DEAN-ANDERSON
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MILLER
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cd.
The foregoing Resolution is hereby approvea this ~ day of
May
199 8
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Approved as to form
and legal content:
u 'th Valles, Mayor
Cit of San Bernardino
James F. Penman,
City ntorney !'
B'J~- /c i~~_
4/15/98 tjg
senioI" nutrition/DAAS
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98 i (I 3 Agree. 98-949
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AND RECORD OF ACTION
November 10,1998
RECEIVED
NUV 1 ~ 1998
PK.. REG. & CDMM. SVG.
FROM:
MIKE DECKER, Director
Department of Aging and Adult Services
SUBJECT: CONTRACT FOR NUTRITION SERVICES BETWEEN THE COUNTY AND THE
CITY OF SAN BERNARDINO
RECOMMENDATION: Approve contract between the County and the City of San Bernardino to
provide nutrition services in the amount of $148,693 from September 1, 1998 through June 30,
1999.
BACKGROUND INFORMATION: The Department of Aging and Adult Services annually
allocates State and Federal funds received through the California Department of Aging for the
provision of congregate and home delivered nutrition services for individuals age 60 and older.
The City of San Bernardino was selected for recommendation for funding to provide nutrition
services in San Bernardino and Highland based on a competitive award process conducted
February 25 through May 28 of 1998. The City of San Bernardino has successfully operated a
congregate meal program for several years. This action would approve a contract with the City of
San Bernardino to continue to provide nutrition services to San Bernardino and Highland.
Due to reductions in the amount of State, Federal, and local funds available, revisions in the
proposed budget were necessary and very complex. This caused a delay in the completion date
for presentation to the Board. The City of San Bernardino has continued to provide senior
congregate services pending the approval of the contract, as a disruption in the provision of
services could be detrimental to the health and welfare of many of the seniors.
REVIEW BY OTHERS: The Senior Affairs Commission, Contract Compliance, Chief Deputy
County Counsel Ruth Stringer, and Deputy County Counsel Paula B. Tobler have reviewed and
approved this contract.
FINANCIAL IMPACT: This contract is totally funded by State and Federal revenue and therefore
there is no local cost. The appropriations and revenues were included in the 1 ~299 Final
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Budget. 00 c-,'
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Appropriations
Less: Revenue
Local Cost
$148,693
$148.693
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SUPERVISORIAL DISTRICT(S): Third and Fifth.
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PRESENTER: Mike Decker, Director, Department of Aging and Adult Services
Record of Action of the Board of Supervisors
AGREEMENT NO. 98"949
APPROV
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DMS--Mike Decker w/agree.
Contractor w/agreement
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Auditor w/agreement
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Risk Management
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MOTION
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BY
Rev 07/97
ITEM 034b
I.,
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
STANDARD CONTRACT
E X New Vendor Code Oept. Contract Number
M Change SC A 9 r--7~?
x Cancel
County Department Dept. Orgn. Contractor's License No.
Department of Aging and Aduli Services OOA OOA
County Department Contract Representative Ph. Ext. Amount of Contract
MIKE DECKER, Direclor 89t-3900 $ 148,693
Fund Oept. Organization Ap~~. Obj/Rev Source Activity GRC/PROJ/JOB Number
SBG OOA OOA 200 445
, ,
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 1/0 FY Amount 1/0
Project Name 98/99 $148.693
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NUTRITION FOR $
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SENIORS $
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98 i03 _
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
Hereinafter called CONTRACTOR
547 N. SIERRA WAY
SAN BERNARDINO, CA 92401-1211
Phone Birth Date
(909) 384-5231
Federal ID No. or Social Security No.
95-6000772
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment. time for performance or completion, determination of satisfactory
performance and cause for f~rminatioll, other terms and conditions, and attach plans, specifications, and addenda. if any.)
THIS AGREEMENT is entered into on the 1" day of September, 1998, by and between the County of
San Bernardino acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult
Services "DAAS" and the City of San Bernardino, direct service provider, hereinafter called "Contractor".
WHEREAS, the Older Americans Act of 1965, 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 DAAS for the purpose of
administering a certain portion of said funds pursuant to said act; and for the purpose of planning service
programs and activities for the elderly; and
WHEREAS, DAAS desires to use CDA monies to fund and the Contractor desires to operate and execute
a Nutrition Program, this Contract is executed to identify the specific terms and conditions covering the funding,
execution, and operation of the program provided by this contract.
THEREFORE, in consideration of the mutual promises and covenants contained herein, DAAS and the
Contractor agree as follows:
ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS
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A.' The term" Agreement" shall mean the coversheet; the Terms and Conditions; Scope of Work Plan;
Budget Display; Budget Summary; exhibits; attachments; addendums; and amendments, unless
otherwise provided in this article;
B. "DAAS" means the San Bernardino County Department of Aging and Adult Services, the designated
Area Agency on Aging.
C. "State", "Department" and "CDA" mean the State and the California Department of Aging
interchangeably.
D. "Contractor" means the entity to which funds are awarded under this Agreement and which is
accountable to DAAS for use of these funds and is responsible for executing its provision and
services.
E. In the event of conflict between the provisions set forth in the Contract Terms and Conditions and
any Project Application or Scope of Work, Proposal, or Area Plan, the provisions listed in the
Contract Terms and Conditions shall prevail.
F. "Reimbursable item" also means "allowable cost" and "compensable item".
G. "CFR" means Code of Federal Regulations. "CCR" means California Code of Regulations. "GC"
means Government Code. "W&l" means Welfare and Institutions Code. "USC" means United
States Code. "OMB" means Office of Management and Budget.
H. "CDA PM" refers to the "Title III Program Manual for Area Agencies on Aging". This manual is
based on Federal regulations for Title III published March 31, 1980 (CFR, Chapter 8, Subchapter C,
Par 1321). Pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980, have also been
used. A copy of the manual is available for review at the Department of Aging and Adult Services,
686 East Mill Street, San Bernardino, CA 92415 during regular office hours.
1. "Program Income or Grant Related Income" refers to any income earned by a Contractor during the
contract period 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 sale of tangible property or real property and from the sale of equipment and supplies acquired
for use, usage or rental fees, interest, and patent or copyright royalties. Contributionsldonations
made by older persons are considered program income.
J. "General Program Income" refers to meal income received in the form of contributionsldonations
made by the elderly for services rendered.
K. "In-Kind Contributions" are property, equipment, services (e.g. volunteer services) and supplies
benefiting a Title III supported program or activity contributed by non-federal third parties without
charge to the service provider (Contractor).
L. "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.
M. "Elderly" refers to any individual who is 60 years of age or older.
ARTICLE II. TERM OF AGREEMENT
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The term of this agreement will begin on the I" day of September, 1998 and terminate on the 30" day of
June, 1999.
ARTICLE III. FISCAL AND PROGRAM PROVISIONS
A. COMPENSATION
1. Maximum Funds Available
The maximum amount of funds available under this Agreement shall be $148,693, and shall be
subject to availability of funds from CDA.
2. Schedule of Payments
a. Contractor may be provided a payment advance equal to 10% of the Title III funded portion of
the total contract amount under this Agreement for start-up purposes. Contractor shall
be compensated with the remainder of the Title III funds monthly.
b. Payments will be on a per meal basis. Congregate meals will be reimbursed at $1.77 per
meal. Total payments shall not exceed the contract amount for Title III funds and Title III
costs must be equal or greater than total payments. USDA funds will be paid at the prevailing
rate for each reimbursable meal served, and reimbursed to Contractor as funds become
available.
3. Expenditure of Funds
a. Contractor shall expend all funds received hereunder in accordance with this Agreement.
b. DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any
expenditure determined by DAAS andlor State not to be in compliance with this Agreement,
or inappropriate to such activities, or for which there is inadequate supporting documentation
presented, or for which prior approval is required but not granted.
4. Unexpended Funds
a. Contractor will return to DAAS, immediately upon written demand, any funds provided under
this Agreement which are not payable for goods or services delivered prior to the termination,
cancellation, or expiration of this Agreement, or the dissolution of the entity.
b. Contractor must return any unspent funds with submittal of revised year-end Financial Close-
out Report, based on independent audit.
5. Accountability for Funds
Contractor shall maintain accounting records to account for the funds received under the terms and
conditions of this Agreement separate from any other funds administered by the Contractor.
Contractor shall maintain records in accordance with generally accepted accounting principles.
B. GENERALPROGRAMINCOME
1. Contractor is encouraged to seek contributions/donations from seniors partiCipating in the
program. The program income goal for contributions/donations should be 25 % or more of the
total expenditures identified in the attached Budget Display.
P~ge 3 of 24
98 103
2. General program income will be used to increase the number of clients 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 will be used within the program in which it
was earned.
3. Deferred Income
a. Program income not needed for current year expenditures in excess of the budgeted program
income amount identified in Exhibit B-1 and B-2 will be identified as "deferred income".
This income will be expended by September 30. 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 ReportlRequest for Reimbursement expense reports as spent, by September 30.
b. 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
reVISion.
c. Deferred income will be used for general program expenditures, to increase the number of
seniors served by a project, and to provide supportive services directly related to nutrition.
Deferred income will be used within the program in which it was earned.
4. Interest Earned
If, as a result of advanced funds, the project earns interest on funds awarded by DAAS, that
interest shall be identified as income to the program and used for program expenditures, with full
documentation on file.
C. MATCHING CONTRIBUTIONS
The Contractor will provide in-kind matching contributions of a minimum of $12,591, which is the
Title III portion of the contract multiplied by 11.11 %. Allowable match shall be in compliance with
the following requirements:
I. Matching in-kind contributions must be for allowable costs as determined by CDA policy.
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 will provide a Budget In-Kind narrative statement to DAAS with the submittal of the
initial budget identifying the type, rates applied and, if applicable, source/location of in-kind to be
used as match for the period of the contract. The identified in-kind match will be reported
monthly on the monthly expense reports.
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c. A report on compliance with laws and regulations that may be material to financial statements;
8 . '\ 3 an opinion on compliance with laws and regulations applicable to each major federal program
,9 i \J and a statement of positive assurance of those items that were tested (including program
income) for compliance and negative assurance for those items not tested. These requirements
may be met by the following:
i. A report on compliance with general requirements applicable to federal programs
drawn from the relevant OMB Compliance Supplement;
ii. An opinion on compliance with specific requirements applicable to each major program
(major program refers to Congregate Meals, C-l; Home Delivered Meals, C-2; and
Supportive Services, B) [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 principle];
d. A report on fraud, abuse, illegal acts or indications of such acts, if necessary;
e. 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
communication of nonmaterial findings relative to federal programs.
5. Audit must also include:
a. Schedule of Service Delivery. This schedule will give the number of service units provided by
the Contractor, by program and by month.
b. Schedule of Meals Served. This schedule will give the total number of meals served by the
Contractor for the grant period. Meal count shall be classified as C-1 or C-2.
6. Contractor will select a certified public accountant of approved auditors published by the County
of San Bernardino. The Contractor must receive approval from DAAS prior to hire of the auditor
from the approved auditors published by the County of San Bernardino.
7. Contractor will 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.
8. Contractor will notify DAAS of the time and location of scheduled entrance and exit conferences
with independent auditors, so that appropriate DAAS and other appropriate County staff may
participate.
9. The cost of audits performed pursuant to Public Law 98502 shall be charged to the Contractor, in
accordance with Public Law 98502 and OMB Circular A-128 or A-l33, as appropriate.
10. All audits shall be performed in accordance with and address all issues contained in any OMB
Compliance Supplement that applies to this program.
11. Audits to be performed shall be financial and program compliance audits.
12. The auditor of record, hired by the Contractor, shall prepare and file with the County, a draft
copy of the independent audit within 90 days after termination of this Agreement and prior to the
exit conference. Within 120 days after the termination or expiration of this Agreement, the final
independent audit report of related expenditures during the term of this Agreement, shall also be
filed with the County.
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a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar
98 j 03 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.
D. AUDIT
1. Contractors who expend more than $300,000 of aggregated Federal Awards will 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, California 92415-0640
2. If Contractor is a public or private entity:
a. Nonprofit institution expending more than $300,000 a year in aggregated Federal Awards will
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 nonprofit
institutions.
b. Nonprofit institutions that expend less than $300,000 a year in aggregated Federal Awards are
exempt from Federal audit requirements for that year. However, an on-site monitoring visit
will be performed to ensure that Federal awards are used for authorized purposes under OMB
Circular A-1I0 or OMB Circular A-128.
c. Any nonprofit institutions who obtain audit reports and are not required to, will not be
reimbursed for audit report expenses.
3. Required audits must be performed in accordance with generally accepted auditing standards
(GAAS) and the Statements on Auditing Standards (SASS) issued and interpreted by the
American Institute of Certified Public Accountants (AICPA) 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 program is being
administered by the Contractor in compliance with the contract auditing listing of client case files,
and to determine that the program revenue and expenditures are properly segregated from other
programs being administered by the Contractor.
4. To ensure that OMB Circular A-133 requirements are met, audit report shall consist of the
following parts:
a. 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;
b. 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) ;
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. 13. Contractor will assist and comply with audit resolution requirements as required by DAAS,
9,8 1 0 3 including submitting to DAAS at the exit conference, a corrective action plan for any findings or
recommendations, identified in the draft audit.
14. Contractor must take appropriate action to correct instances of noncompliance with federal laws
and regulations within six months after DAAS has received audit report.
15. 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 grant.
E. BUDGET AND BUDGET REVISIONS
1. The Contractor will be reimbursed for expenses only as itemized in the budget approved by
DAAS 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 Agreement:
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 Program
Manual(s).
4. The Board of Supervisors delegates the authority to the Director of DAAS to make budget
revisions provided the revisions do not result in the amount of the contract exceeding the
previously Board-approved amount.
F. SUBCONTRACTING
The Director of DAAS is designated the authority to approve one or more subcontracts provided the
contract meets the following terms and conditions:
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 federal, state, and local law applicable procurement requirements;
(e) uniformly applied; and (f) open for public review and scrutiny.
2. All subcontracts require the advance written approval of the DAAS Director or 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 Agreement, including but not
limited to, the responsibility for handling property in accordance with Article X and ensuring the
'accessibility, availability and retention of records of subcontractors in accordance with Article X.
4. Funds for this Agreement shall not be obligated in subcontracts for services beyond the ending
date of this Agreement.
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The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on
behalf of the County.
6. Copies of subcontracts, memoranda andlor 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 met the insurance requirements
and for monitoring the insurance requirements in accordance with Article V, Section C.
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 Agreement 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 Agreement.
9. The Contractor shall ensure that the subcontractor will complete all reporting and expenditure
documents requested by the Department. These reporting and expenditure documents shall be
sent to the Contractor in a timely manner and at intervals as determined by the Department.
10. A copy of the executed subcontract shall be submitted to the DAAS Director.
ARTICLE IV. MONITORING, ASSESSMENT AND EVALUATION
A. The County or any subdivision or appointee thereof and the State of California or any subdivision or
appointee thereof shall have absolute right to review and audit all records, papers, documents, client
files, corporate minutes and other performed items as reported, and shall have absolute right to
monitor the performance of Contractor and subcontractors in the delivery of services provided under
this Agreement.
B. Contractor shall permit DAAS to perform periodic program and fiscal monitoring visits. Authorized
DAAS, State andlor Federal representatives shall also be permitted to monitor, assess and evaluate
the Contractor's performance as needed, pursuant to this Agreement. Said monitoring, assessment and
evaluation may include, but is not limited to, fiscal records, audits, inspections of project premises,
inspection of food preparation sites, as appropriate, and interviews with Contractor's employees and
agents providing the service under this Agreement and recipients thereof. Contractor will ensure
cooperation and shall attend all meetings mandated by DAAS.
C. Contractor will cooperate fully in conducting any auditing, monitoring, assessment and evaluation
process. This includes making any program andlor administrative staff (fiscal, etc.) available as a
part of the process and filing a corrective action plan within 30 days of notification of the exception.
D. INSPECTIONS
I. Contractor shall make available to DAAS, State or Federal officials, its records and data with
'respect to all matters covered by this Agreement for inspection and audit. Said inspection and
audit may be made at any time, during normal business hours (CDA PM, Part G, Section 93.21 N
8).
Page 8 of 24
. ARTICLE V. INDEMNIFICATION AND INSURANCE
98
A. 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
J 0 3 arising from Contractor's act, 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.
B. Without in any way affecting the idemnity herein provided, and in addition thereto, the Contractor
shall secure and maintain throughout the Contract the following types of insurance with limits as
shown:
1. Workers Compensation - A program of Workers' Compensation insurance or a state-approved
Self-lnsurance Program in an 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 services on behalf of the Contractor and all risks to such persons under this
Agreement.
2. Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage for 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).
If applicable, contractors and subcontractors shall comply with the Public Utilities Commission
(PUC) General Order No. l15-E which requires higher levels of insurance for charter-party
carriers of passengers and is based on seating capacity as follows: $1,500,000 if seating capacity
is 8 - 15; $5,000,000 if seating capacity is over 15; unless otherwise amended by future
regulation.
3. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for bodily
injury and property damage, and $3,000,000 in the aggregate, or
4. Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per
claim or occurrence
C. ADDITIONAL NAMED INSURED
All policies, except for the 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 insureds with respect to liabilities arising out
of the performance of services hereunder.
D. WAIVER OF SUBROGATION RIGHTS
Except for Errors and Omissions and Professional Liability, Contractor shall require the carriers of
the above required coverage to waive all rights of subrogation against the County, its officers,
employees, agents, volunteers, contractors and subcontractors.
E. 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.
Page 9 of 24
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F. PROOF OF COVERAGE
Contractor shall immediately furnish certificates of insurance to DAAS, evidencing the insurance
coverage above required prior to the commencement of performance of services hereunder, which
certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days
written notice to the Department, and Contractor shall maintain such insurance from the time
Contractor commences performance of services hereunder until the completion of such services.
Within sixty (60) days of the commencement of this Agreement, the Contractor shall furnish certified
copies of the policies and endorsements.
G. INSURANCE REVIEW
1. 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 insurance 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.
2. Any such reduction or waiver for the entire term of the Agreement and any change requiring
additional types of insurance coverage or higher coverage limits must be made by amendment to
this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of
rece ipt.
ARTICLE VI. LAWSUITS
Contractor understands and agrees that any/all1egal fees associated with lawsuits against the Contractor,
the County or State of California cannot be budgeted as a Contractor expense and shall be paid by the
Contractor .
ARTICLE VII. CONFIDENTIALITY
A. Contractor agrees to comply and require its officers, agents, employees, volunteers to comply with
the provisions of Sections 15633.5, and 10850 of the Welfare and Institutions Code. Any violation
of the confidentiality required by this Chapter is a misdemeanor punishable by not more than 6
months in County Jail, by a fine of $500, or by both fine and punishment.
Respect for a client's right to privacy is of the utmost importance. Written consent from the client is
desirable before releasing any information about the client to other agencies.
B. Contractor will take steps to ensure that no information about, or obtained from an individual, and in
the possession of the Contractor, will be discussed in a form identifiable with the individual, without
the individual's informed consent.
C. All client records are to be maintained in a locked file so as to safeguard information against theft,
loss, destruction, or unauthorized use.
Page 10 of 24
98 103
. ARTICLE Vlll. CORRECTION OF DEFIClENClES OR NON-PERFORMANCE
A. PERFORMANCE STANDARDS AND REMEDIES
1. If for any reason the Contractor's service, including service to targeted populations, falls 5 %
under or increases to 25 % over the contracted level during any calendar quarter, the Contractor
will submit to DAAS, within 30 calendar days, an analysis of the situation and if a problem exists
the actions being taken to correct the problem. If the problem persists and at the sole discretion
of DAAS, DAAS 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
100% contract level within the required time frame, sanctions will be invoked. If, after all
appropriate actions have been taken, the service level still falls to 5 % under or increases to 25 %
over the contracted level, DAAS 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 Agreement is in addition to and not in
derogation of any other legal or equitable remedy available to DAAS as a result of breach of this
Agreement by the Contractor, whether such breach occurs before or after completion of the
project.
B. APPEAL PROCEDURES
If the provider disagrees with any decision or action taken by DAAS related to this agreement,
provider may choose to file a formal grievance by following the procedures below:
The provider shall file a formal written grievance with the DAAS Supervisor of Administrative
Services within ten (10) county business days after the provider is aware of the factors or conditions
precipitating the contract dispute. The written grievance shall set forth the subject of the grievance,
identify the contract 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
E. Mill Street, San Bernardino, California, 92415-0640. The Supervisor of Administrative Services
shall provide a written response to the provider within 10 county business days of receipt of the
gnevance.
If the provider is not satisfied with the DAAS Supervisor of Administrative Services' response, the
provider may file a written grievance appeal, which shall include a statement by the provider as to
why Supervisor's response is not satisfactory, to the DAAS Director within 10 county business days
of receipt of the Supervisor of Administrative Services' response. The filing address is 686 E. Mill
Street, San Bernardino, California, 92415-0640. The Director will provide a written response to the
provider within 10 county business days. The Director of DAAS will have final authority for the
decision on the grievance except as provided in the paragraph below.
For those appeal subjects which involve programmatic policies and directives of the California
Department of Aging issued to the County and contained within this agreement, this paragraph shall
apply. If the provider is not satisfied with the DAAS Director's decision, the written grievance may
be registered in writing with the California Department of Aging, Case Management Branch, 1600
"K" Street, Sacramento, California, 95814, within 10 state business days following receipt of DAAS
Director's decision. The provider shall submit to the California Department of Aging the original
written grievance along with a copy of Supervisor of Administrative Services' written response, the
Page 11 of 24
ptovider's appeal to the Director, and the Director's decision. The California Department of Aging
98 i 0 3' will have final authority for the decision on the grievance.
C. EARL Y TERMINATION
DAAS may suspend or terminate this contract without cause upon thirty (30) days written notice to
the other party, except that such suspension or termination shall be effective immediately in the case
of threat to health or safety of the public.
ARTICLE IX. COUNTY RESPONSIBILITIES
The County agrees to:
A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Agreement and
the quality and effectiveness of services provided based on the criteria as determined by the County.
B. Provide consultation and technical assistance in monitoring the terms of this Agreement.
C. Approve an audit firm, selected by the Contractor, to conduct a fiscal and program audit as specified
in Article III.
D. Compensate Contractor for approved expenses in accordance with Article III of this Contract.
ARTICLE X. CONTRACTOR RESPONSIBIL1T1ES
A. GENERAL RESPONSIBILlTIES
1. Contractor must be incorporated and is responsible for advising the County of any actual or
impending change in incorporation status.
2. Contractor is to promote coordination with other supportive services. Contractor agrees to
cooperate with DAAS 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.
3. If the Contractor is a nonprofit, private corporation, the following requirements shall be met:
a. Training in program requirements, agreements with DAAS and nonprofit board
responsibilities shall be provided to all Board members. The training shall include but not
be limited to:
(I) Corporate officers and board member's responsibilities as defined by State law and this
contract.
(2) Contractor's responsibility for training and placement of assigned Senior Employment
Program participants.
b. The Board shall be representative of the client population and geographical regions served by
the Contractor.
c. Minutes of Board meetings shall be accurately maintained and reflect adherence to by-laws.
Page 12 of 24
98
. 4. Contractor shall maintain and comply with written personnel policies and procedures consistent
, with the California Fair Employment and Housing Act.
o f: 3
1"
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 personnel shall be
maintained.
5. Contractor is responsible for providing orientation and training for all paid and volunteer staff.
Contractor shall insure training is provided at least quarterly for all personnel. The training shall
include but not be limited to:
a. Material from CDA Policy Memo 95-03 (P) Section H, and the Hazard Analysis and Critical
Control Point Program appropriate to each employee or volunteer.
b. The administrators of a volunteer program.
c. The DAAS Management Information System (MIS).
d. The preparation and submission of reports mandated by law and this contract.
e. Appropriate referrals to DAAS Senior Information and Assistance Program.
f. Employee training and placement responsibilities for assigned Senior Employment Program
participants.
6. Contractor shall complete a written work performance evaluation annually on all paid and
volunteer staff.
7. Contractor shall insure all paid and volunteer staff read and sign a certification of understanding
of the Adult Abuse Reporting Act.
8. Contractor shall provide the County with photocopies of all inspection reports or certificates
immediately.
9. Contractor shall conduct activIties to target seniors and 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 minority individuals within their service area.
B. SERVICES TO BE PROVIDED
Contractor shall provide all program services and perform all activities identified in Attachment A to
this Agreement for September 1, 1998, through June 30, 1999.
Contractor shall, in a satisfactory manner, as determined by DAAS, conduct, administer and provide
nutrition services for the elderly as defined in the PROGRAM WORK PLAN, Exhibit A-l, and
PROGRAM BUDGET, Exhibit B, B-1 and B-2, and CERTIFICATION REGARDING LOBBYING,
Exhibit C, which are attached hereto and incorporated therein by reference. The aforementioned and
all other exhibits are, by this reference, made a part of this Contract as those fully set forth here.
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 or more days per
week.
Page 13 of 24
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4: Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall
. 9 8 J 0 3 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 a leisurely meal.
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 elderly
persons.
10. Contractor is to serve meals in an approved site. The meals are to be served in a facility where
elderly persons 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 restrooms that are clean, adequate, and well-equipped.
13. Contractor is to provide tables and chairs that are sturdy and appropriate for elderly persons.
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 (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, 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 DAAS nutritionist and shall comply with the following
requirements:
a. Menus shall be planned for a minimum of four weeks.
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.
d. Food items shall be varied within the week and menu cycle. Food items shall not be repeated
two days in a row or on the same days 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 seasonable availability of food.
f. The restricted use of carbohydrate foods, salt, and saturated fats shall be considered.
18. Contractor shall ensure the program director has completed a minimum of 15 semester units of
instruction in food service sanitation
Page 14 of 24
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98
19. Whenever two or more persons manifest the symptoms of food borne illnesses within a similar
j r: 3 time frame after consuming nutrition service food, Contractor shall notify the local health
. \ authorities to initiate an investigation. Contractor shall immediately notify DASS within twenty-
four (24) hours of such an occurrence.
20. Contractor shall provide semi-annual trammg or more frequently, depending on
stafflvolunteerlparticipant turnover, regarding the sources and prevention of food borne illnesses.
21. Contractor must provide each elderly person with a free and voluntary opportunity to contribute to
the cost of the service. Contractor must protect the privacy of each person 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 schedule is to be
approved by DAAS.
23. Participants are to be screened 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 maintain a designated Project Council composed of nutrition site participants.
26. Contractor shall provide a system through which seniors will 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 recipients of services.
27. Contractor shall employ bilingual staff andlor volunteers within service areas where a language
other than English is commonly spoken.
C. LAWS, LICENSES, AND STANDARDS
1. The Contractor agrees to administer this Agreement and require any subcontractors to administer
their subcontracts in accordance with this Agreement, and with all applicable local, State, and
Federal laws including, but not limited to, wages and hours of employment, occupational safety,
and to fire, safety, health, and sanitation regulations, directives, guidelines, andlor manuals
related to this Agreement and resolve all issues using good administrative practices and sound
judgment.
2. Where the State or local public jurisdiction within the State requires license andlor standards to be
met, for the provision of services, the Contractor and its subcontractors will, in performing the
services required under this Contract, obtain all necessary licenses andlor permits and maintain
such licenses and permits for the full term of the Contract. If license and/or standards are
required, verification of license andlor standards will also be required and will occur in
conjunction with monitoring visits.
3. The Contractor agrees that the performance of work and services pursuant to the requirements of
this Agreement shall conform to accepted professional standards.
Page 15 of 24
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D. FISCAL RESPONSIBILITY
Contractor will ensure that all expenditures are supported by properly executed payroll, time records,
98 . L3
J " invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in
part to this Contract. Such documents will be clearly identified and readily accessible to DAAS staff,
as may be required.
E. CONFLICT OF INTEREST
Contractor shall make all reasonable efforts to ensure no conflict of interest exists between its
officers, agents, or employees. Contractor shall make all reasonable efforts to prevent employees,
consultants or members of governing bodies from using their position 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 the County determines a conflict of
interest situation exists, any increase in costs associated with the conflict of interest may be
disallowed by DAAS and such conflict may be grounds for termination of the Agreement.
F. PROHIBITION AGAINST NEPOTISM
Webster's Ninth New Collegiate Dictionary defines nepotism as follows: "Favoritism shown to a
relative (as by giving an appointive job) on a basis of relationship."
Persons selected for project staff positions, after the effective date of this Contract, may not be within
the immediate family of other contractor staff in positions of authority, members of the contractor's
governing board, or DAAS staff. Individuals within the immediate family of project staff may not
serve on the contractor's governing board.
An individual may have been selected or elected to the governing board before the effective date of
this Contract, who has immediate family employed by the project. 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 is 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.
G. AMENDMENTS TO CONTRACT
Any contract change requires initiation of a change to the contract in writing. Modification or
amendment, as determined by DAAS, shall be signed by both parties.
H. GREATEST ECONOMIC OR SOCIAL NEED
The Contractor understands that one of its responsibilities under this Contract is to ensure that
<<preference will be given to providing services to older individuals with the greatest economic or
social needs (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459,
306 (a) (5) (A) (u) (I) (II)." 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
Page 16 of 24
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!98 103
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 minority elderly over 60 within
the geographic area served by the Contractor.
I. CONTRACTOR INDEPENDENCE
The Contractor and the agents and employees of the Co.ntractor in the performance of this Agreement
shall act in an independent capacity and not as officers, or employees or agents of DAAS, the County
of San Bernardino or the State of California.
J. TRAlNlNG AND MANPOWER DEVELOPMENT
The Contractor agrees to participate in appropriate staff training and development provided by
DAAS, the CDA and the Administration on Aging.
K. RECORDS
1. The Contractor shall, at all times during the term of this Agreement, 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 Article V,
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 procedures. All records pertaining to the project shall be available for review
and audit by the County, State or Federal government 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 DAAS, (b) for such longer period, if any, as is required by
applicable statute, by any other clause of this Agreement, or by Sections B or C, or (c) for such
longer period as DAAS deems necessary, which will be a minimum of three (3) years after final
payment under this Agreement.
2. If this Agreement is completely or partially terminated, the records relating to the work
terminated shall be preserved and made available for the same periods as specified in Section 1.
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 Agreement. 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
will be questioned in the audit and may be disallowed by the County andlor State during the audit
resolution process.
a. Accounting Records (CDA PM Section G, Paragraph 93.7a)
The Contractor shall provide for adequate accounting systems and procedures to control and
support all fiscal activities in accordance with policies issued by the Administration on Aging
Page 17 of 24
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98
and the California Department on Aging. The Contractor shall provide for those designated in
j. (,.; 3
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.I1 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 93.23)
All budget changes within major categories, such as Salaries and Benefits, Equipment or Other
Costs exceeding 10 % of the approved budget, for that major category, represents a departure
from the approved project plans and require DAAS' approval. Budget modification requests
will 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.
L. 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 performance
of services hereunder and other matters covered by this Agreement. The forms shall be reviewed
for timeliness, completeness, and correctness of the information submitted, by the Program
Director or hislher 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 Title III Program Manual:
a. financial Reporting (CDA PM, Section G, Paragraph 93.5a)
Accurate, current and complete disclosure of the financial results of each program shall be
made in accordance with the financial reporting requirements of the grant. The following
reports are to be submitted to DAAS when indicated:
1) Monthly (Due by 5th working day of the month)
Monthly Nutrition Program Expenditure
Page 18 of 24
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98 lG3
ReportlRequest for Reimbursement
2) Semi-Annually
Budget Revision #1 (Due November I)
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 will 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 the Department of Aging and Adult Services in
developing and maintaining a Client Data Base. Unless otherwise specified, the National Aging
Program Information System (NAPIS) Ontrack client tracking system will be used to collect data.
The Contractor is responsible for filling out the Client Intake Form, and transmitting the client
information to DAAS on an ongoing basis. The Contractor is also responsible for all equipment
installed at their site(s) which will be used to automate client units of service. Said Contractor is
responsible for maintaining the equipment in good working order and replacing the equipment
should it be damaged andlor stolen. Unless otherwise specified, equipment installed at each
individual site includes one (I) DuraWand, and one (I) Fax Modem.
M. PROPERTY MANAGEMENT
I. All equipment purchases over $500.00 require the written approval of the Director of the
Department of Aging and Adult Services or his 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, Part G, Section 93.19, and if not
fully expended or consumed prior to the termination of this Contract shall be the property of the
CDA, unless otherwise directed by the CDA. All equipment must be used to conduct business
under this Agreement.
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.
Page 19 of 24
'4. The Contractor shall record the following information when property is acquired:
9 8 1. (i 3 a. Date acquired;
b. Property description (include model number);
c. Property identification number (serial number);
d. Cost or other basis of valuation;
e. Fund source; and
The Contractor shall keep track of property purchased with funds under this Agreement. 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 Agreement or any
predecessor agreement for the same purpose.
5. a. The disposal, loss andlor destruction of property or equipment shall be fully documented by
the Contractor with copies thereof provided to DAAS along with the monthly expense report
for the month in which the loss occurred.
b. The Contractor shall immediately investigate and within five (5) days fully document the
loss, 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 loss within seventy-two (72) hours of the discovery of the loss.
6. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of
such property during the period of the project, and shall assume responsibility for replacement or
repair of such property during the period of the project and until the Contractor has complied with
all written instructions from the State via DAAS regarding the final disposition of the property.
7. In the event of the Contractor's dissolution or upon termination of this Agreement, the Contractor
shall provide a final property inventory to DAAS.
8. The Contractor shall use the property for the purpose for which it was intended under the
Agreement. In no instance shall equipment be loaned to other programs or organizations without
the written approval of the Director of the Department of Aging and Adult Services or his
designee.
9. The Contractor or subcontractor shall not use equipment or supplies acquired under this
Agreement with Federal andlor State monies for personal gain or to usurp the competitive
advantage of a privately-owned business entity.
10. If purchase of equipment is a reimbursable item, the equipment to be purchased will be specified
in the budget.
11. The Contractor shall include the proVISions contained in Article III, Section E in all its
subcontracts awarded under this Agreement.
12. Equipment that is worn beyond economical repair must be reported to DAAS on the monthly
expense report. It shall be the responsibility of DAAS after receiving this report to instruct the
Contractor as to the proper method of disposal.
Page 20 of 24
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98 .J()3
13. Once Contractor has received disposal authorization for a vehicle to be salvaged, Contractor shall
ensure that all identifying lettering, signs, etc., are removed.
14. Prior to replacement of any property, Contractor must obtain written authorization from OAAS.
15. Any equipment purchased with contract funds will be subject to inspection, over the life of the
equipment, and if not used, under-used or misused, may be claimed by OAAS for redistribution
to other OAAS projects.
16. 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".
17. Any equipment purchased shall be reported on the Expenditure and Claim for Reimbursement
Report for the month in which the equipment was purchased. OAAS will verify approval for
purchase was given prior to the purchase of the equipment.
18. Equipment will be periodically inventoried by OAAS to ensure all equipment purchases are
properly approved, documented, and recorded on the inventory. Significant violations may result
in the imposition of sanctions.
N. Contractor shall notify the County, in wntmg, of any change in mailing address and lor physical
location within ten (10) days of the address change.
O. Contractor shall comply with all applicable local health and safety codes, including fire clearances,
for each site where program services are provided under the terms of this Contract.
ARTICLE Xl. GENERAL PROV1Sl0NS
A. This Agreement has no force or effect until signed by both parties.
B. County shall have Power of Attorney to pay delinquent debts and unpaid wages incurred by
Contractor, from appropriated funds under this Contract, in the event debts and wages have not been
paid or are not current.
C. Contractor understands and agrees that the Contract shall be governed and construed in accordance
with the Older Americans Act of 1965 as amended and with California State and Federal laws.
O. The Contractor and its subcontractors shall not lawfully discriminate, harass, or allow harassment
against any employee or applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, disability (including HlV and AIDS), medical condition (cancer), age or
marital status, denial of family and medical care leave and denial of pregnancy disability leave. The
Contractor and its subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. The Contractor and its
subcontractors agree to fully comply with the laws and programs (including regulations issued
pursuant thereto) which are listed following this paragraph andlor referenced in other sections of this
Contract. Such compliance is required to the extent that such laws, programs and their regulations
are by their own terms, applicable to this Contract. Contractor warrants that helshe will make
himself/herself thoroughly familiar with the applicable provisions of said laws, programs and
regulations prior to commencing performance of the contract. DAAS will provide assistance to
Contractor in obtaining copies of said laws, programs and regulations upon request. To the extent
Page 21 of 24
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applicable the provisions of said laws,
, Contract as if fully set forth herein.
. 9 8' 10 31.
programs and regulations are deemed to be a part of this
Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L.
92-540, Title V, Section 503 (a), Pub. L-93-508, Title lV, as amended, Section 402. (38 USCA
2021-2027).
2. California Fair Employment and Housing Act, Govl':rnment Code Section 12900 et. seq.
This Contractor shall include the nondiscrimination and compliance provision of this clause in all
subcontractors to perform work under this Agreement.
3. Civil Rights Act of 1964, as amended in 1991 (42 USCA 2000a to 2000h6) and Executive Order
11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60).
4. Drug-Free Workplace Act of 1990.
5. Title III Program Manual for Area Agencies on Aging.
6. Grants in Excess of $100,000.
Clean Air Act as amended (42 USCA 7401); Clean Water Act as amended (33 1368); Federal
Water Pollution Control Act as amended (33 USCA 1251, et. seq.); and Environmental
Protection Agency Regulations (40 CFR Part 15 and Executive Order 11738).
7. Contractors Participating in Facility Construction or Repair
Davis-Bacon Act (40 USCA 276a-7) (29 CFR, Part 5); Copeland "Anti-Kickback" Act (18
USCA 874, 40 USCA 276a) (29 CFR, Part 3); Grant Work Hours and Safety Standards Act (40
USCA 327-330) (29 CFR, Part 5); and Executive Order 11246 of September 14, 1965, entitled
"Equal Employment Opportunity" as amended by Executive Order 11375 or October 13, 1967, as
supplemented in Department of Labor Regulations (41, CFR, Part 60).
8. Provisions Against Lobbying
Exhibit C to this Contract entitled "Certification Regarding Lobbying".
9. The Americans With Disabilities Act of 1990 (42 USC 12101).
The purpose of the Act is to support individuals with disabilities to access employment and various
services in both the public and private sectors. The Act establishes civil rights for individuals with
disabilities.
10. Elder and Dependent Adult Abuse Reporting Requirement
Contractor will ensure that all known or suspected instances of elder or dependent adult abuse are
reported to DAAS Adult Protection Services Staff.
In accordance with Welfare and Institutions Code 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:
1) When the reporter has observed an incident that reasonably appears to be physical abuse; 2)
When the 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; 3) When
the reporter is told by an elder or dependent adult that he or she has experienced behavior
constituting physical abuse. A telephone report of physical abuse must be made immediately or as
Page 22 of 24
_.
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98 103
soon as possible. A written Report of Dependent AdultlElder Abuse (SOC 341) must follow
within two (2) working days. Incidents of elder and dependent adult abuse must be reported to the
correct agency as follows: 1) 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; 2) 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; 3) If the abuse occurred anywherl< 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. 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.
E. Disaster Preparedness
In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in
the event of disaster, Contractor will maintain accurate lists of all clients who are receiving home-
delivered meals andlor other services due to impairments which render them at risk of serious injury
or death. Contractor will coordinate and report disaster services and issues with DAAS.
F. Publications
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 DAAS. 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 andlor DAAS and that the publication may not be based upon or inclusive of all raw data.
G. Copyrights
If the contract results in a book or other copyrightable material(s), the author is free to copyright the
work, but DAAS 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.
H. Unauthorized Activities
All activities not expressly authorized by this Agreement shall be prohibited without the express
written permission of the DAAS Director or his authorized agent.
1. Binding Contract
In the event any portion of this Contract is found to be invalid, the remaining portions shall continue
to constitute a valid and binding contract.
Page 23 of 24
~~e.c"~~",.o.co_._.......,~,.--='~-_-==-,:'-'--""_ .'-=--::::
J. Religious Activity Prohibited
98 1- 0 3 Contractor agrees it will not perform or permit any religious proselytizing activities in connection
with the performance of this Agreement.
K. Entire Agreement
This Agreement consisting of 24 pages, Attac\1men~ conslstmg of a five-page Work Plan and
Exhibits A-Is, B through B-2s, and C inclusive, is the full and complete document describing services
to be provided by the Contractor to the County. There are no other or further written or oral
understandings or agreements with respect to this Agreement. No variation or modification of this
Agreement and no waivers of its provisions shall be valid unless in writing and signed by all parties.
Dated
CITY OF SAN BERNARDINO
(State if corporation, company, etc.)
By ~ /21'//1" -", 'J - ~-;Vr"'d~
(AuthOriJd Signature)
A COPY OF THIS
TO THE CHAIRMAN
the County of San
Date /,:/ - / y - C} r;
Tijle p N1L< ;:/--~
Address 547 N. SIERRA WAY
By
SAN BERNARDINO, CA 92401-1211
Reviewed for Processing
~
Co
~
9 ncy Administrator/CAG
Date
/ d,kF/rr
Date
Date
Page 24 of 24
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98 103
Attachment A page 1 of 5
Work Plan
City of San Bernardino
FY 98-99
This work plan contains the measurable objectives mandated by DAAS 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 consJiiules the primary document for on-going monitoring, Annual Program Performance ReviewIFiscal Audit
and will be used to measure the providers efforts towards providing quality Nutrition Services.
I. Program Description
A. Geographic Area/Clientele & Eligibility Criteria
I. The geographic area served by this contractor covers the communities of San Bernardino and Highland.
2. Individuals eligible to receive a meal al a congregale nutrition sile are:
a. Any person aged 60 or over; or
b. The spouse of any person aged 60 or over; or
c. A disabled person as defmed in OAA Sec. 102(8)(9) under age 60 who resides in housing facililies
occupied primarily by older persons al which congregale nutrilion services are provided; or
d. A disabled individual who resides al home with and accompanies an older individual eligible under the
OAA; or
e. Any volunteer regardless of age who volunteers his/her time at a meal preparation site at least eight
hours per month.
3. Individuals eligible 10 receive a home-delivered meal are:
a. Any person aged 60 or over who is frail, homebound by reason of illness or incapacitating disabiliiy
as defmed in OAA Sec. 102(8)(9), or othenvise isolaled, shall be given priori!)'; or
b. A spouse of a person in b.2. above, regardless of age or condition, may receive a home-delivered meal
if the Area Agency on Aging (AAA) criteria conclude that it is in the best interest of the homebound
older person; or
c. A disabled individual who resides at home with older individuals eligible under the OAA; or
d. Any volunteer regardless of age \yho volunteers hiSJb.er time at a meal preparation site at least eight
hours per month.
B. Program Description
I. Purpose: Nutrition services are provided to assist older individuals to live independently by promoling beller
health lhrough improved nutrition and reduced isolalion through a program coordinaled with other
supportive services.
2. Defmition: Nutrition services include the procurement, preparalion, transport, and service of meals 10 older
persons at congregate sites or in their homes.
C. In/ended Outcomes
I. Serve 303 Congregate meals per day that are nutritious, providing at leasl 1/3 of the minimum daily
requirements, served in an environment that is pleasant, safe and free from coercion at least 212 days for
98 103
Attachment A page 2 of 5
a lotal of 64,290 meals per year at the sites listed in Exhibit A-I.
2. Provide Congregate meals to alleasi800 unduplicated seniors of which 92 are minority low-income seruors.
3. A Program Dietitian, meeting ihe requiremenls set forth within PM 95 03 (P). 145.3b, will provide a
minimum of20 hours of activity 10 provide funclions mandated by ihe Stale of California. Those functions
include approval of ihe contractors menus, staff training, nutrilion education activities, and moruloring.
Contractor's menus will be approved by the diclitian hefon: submission 10 ihe AAA Dietitian for fmal
approval and certification prior to use as specified within PM 95 03 (P), 143.3 a, 6. Staff training will be
provided as specified wiihin PM 95 03 (P), 147.5. Nutrition education services shall be provided 10
homebound and congregate sites as specified within PM 95 03 (P), 145.11. Nutrition counseling shall be
provided 10 homebound and congregate participanls as specified within PM 95 03 (P), 145.13.
4. Provide outreach in ihe community through a minimum of 10 presenlations to community groups,
organizations, etc. and through door-lo-door contact 10 new seruors of alleast 220 conlacls which represents
al least 220 hours of outreach activity, and is exclusive of ihe periodic home visits conducted by ihe
provider to iheir CUffenl participanls homes. All outreach will be documented and kept on f1Ie for ihe
Annual Program Performance Review.
5. Conduct a client satisfaction survey at leasl once a year if not more oflen. The survey insirumenl musl be
approved by a designated DAAS slaff prior to its use, and all fmdings from ihe surveys must be used 10
improve services. The retwned swyeys and ihe labulated results must be kept on fIle for review by DAAS.
A copy of ihe labulaled results musl be senllo DAAS.
6. Prepare posters and signs in languages oiher ihan English, and post ihe signs in such locations as churches.
community service locations and small stores serving the minority communities.
II. Sen'ice Delh'cr)' Acth'ities
A. Staffing and Volun/eel's
Sufficienl personnel shall be available to carry out ihe needs of ihe program. This includes a Project Director
and additional personnel as delermined by ihe size of the service area and ihe method and level of service
provision needed to fully comply with the terms of this work plan and contract.
I. Paid Staff FIE %CI %C2
a. Food Supervisor II 1.00 100 0
b. Food Supervisor I 1.00 100 0
c. Food Workerll 1.00 100 0
d. 2 Food Worker I's 1.00 100 0
e. 3 Site Coordinators!
Recreation Leaders 1.13 100 0
f Senior Recreation Leader!
Accountant! Accountant T echl
Kitchen Helper 1.00 100 0
g. 2 Food ServicelDelivery
Persons 1.00 100 0
h. Administrative Assislant!
Recreation Specialist .60 100 0
I. Senior Recreation Supervisor .25 100 0
j 4 Kitchen Helpers 2.00 100 0
(: "
\, ,)
.103
Attachment A page 3 of 5
2. Volunteer Slaff
a. V olunleers constiiule individuals who work al least eight hours per-month without pay in the
performance of essential dulies al a Congregate or Hoine-delivered kitchen.
b. Volunteers shall be recruited and used in all phases of services operations. Volunteers shall:
1. Be screened and selecled lhrough a formal process that assesses lheir capabililies, and;
ii. Not replacc paid pcrsonnel.
c. Individuals who work at a meal preparalion sile for either Congregate or Home-delivered Meals and
are paid through Job Training and Partnership Act, Senior Employment, Work Siudy, or any other job
training program are not considered volunteers and must pay the agreed upon rate charged for regular
paid staff.
B. Slafting DefInitions-Nutrition Services Project Direclor: The minimum qualifications for a Nutrition Projecl
Director include individuals ,vith an associate degree with emphasis in:
I. Minimum qualifications shall include applicanls who have no less than an associate degree with emphasis
in food service management, business administration, personnel and/or human resource management or
gerontology. Preferably, they should have no less than 2 hears experience with increasing responsibility
and an emphasis on management ability.
2. Preference shall be given 10 applicant' possessing food service managemenl skills. Persons with these skills
may include a dietitian, food service manager, or a home economist with education and experience in food
service management.
C. Training Activities
I. Attend training events mandated by DAAS.
2. Provide training for one hour monthly, al a minimum, to improve the ability. knowledge, and skills of paid
and volunteer slaff of the nutrition program. A written training plan shall be prepared as specified within
PAl 95 03 (P), 147.5, in order to comply with this requirement. The written staff training plan is to be
implemented and placed onfile by September 30. 1997, and be available for review by DAAS staff
In addition, annually evaluate the paid staff and volnnteer's performance 10 determine his/her effecliveness,
skill developmenl and understanding of the tasks they are assigned. Documentation of the annual
evaluations will be kept on ftle at the provider's main omoo for review by DAAS during the Annual
Program Performance Revie\".
3. 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 Rcvie\v.
4. All Project Directors and food service managers shall complete a minimum of 15 clock hours specifically
related to food sanitation and heallh. Proof of completion will be documented and kept on fIle for review
by the Departmenl during the Annual Program Performance Review.
D. Service Locations
Central Kitchens
1. 5th Street Senior Center Site
I. 5th Street Senior Center Sile
98 103
Attachment A page 4 of 5
2. Hernandez Site
3. Lytle Creek Site
4. Highland Site
5. Nicholson Site
6. Penis Hill Senior Center Site
7. Enlerprise Center Sile
8. Adult Day CarelHighland Site
2. Penis Hill Senior Center Sile
E.. Aienu Planning
I. Coordinate with the Department's Nutritionisl by providing monlhly menus. No change to the menus will
occur withoul a two day prior notice 10 DAAS and proper documenlalion kepi on me at the provider's main
office.
2. Develop menus thai are reflective of the participanls food eating habils. Particular attenlion shall be paid
10 ethnic and regional foods which should be seIVed at least once a week if not more oflen.
m. Other Service Requirement,
A. Meal Site Physical Set-up
I. Provide an attractive environmenl including but nollimited to lable cloths, 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 evacualion drills at leasllwice
a year. Proof of evacuation drills will be kept on me duly signed by !he Fire Marshall, or other authorized
agency within the communiiy where !he sile or siles are located.
3. Post "NO SOLICITING" signs on the door leading inlo each Congregate sileo No soliciting of any kind is
permitted on the premises during the lunch hours for seIVices or goods promoted by businesses.
B. Dona/ions and Confidentiality
I. Maintain a written donation policy and appropriate procedures to safeguard and account for all
contributions.
2. Encourage seniors 10 donate by posting motivational signs, and by verbally reminding the participants about
!he importance of their contributions. The Contractor will nol in any way employ tactics which could be
viewed as coercion, embarrassing and/or obligalory to !he meal being provided to !he senior participant.
Tactics such as placing volunteers 10 guard the collection boxes, having participants sign-in and pay before
a meallicket is given, etc. are strictly prohibiled by !his work plan and contract. Fw1her, no exchange of
money for the purpose of making change will be allowed al the collection box.
3. All contributions, including those for guesl and slaff meals, shall be used 10 increase the number of meals,
to facilitaie access 10 nutrition services, and 10 provide other supportive seIVices directly relaled to nutrition.
C. Coordination Activities
I. If applicable, develop a fair and equitable policy and procedure for referring elderly participants to the
appropriaie transportation provider for securing public transportalion to and from nutrition sites and have
the policy fully in place by Seplember 30.
2. Include the following statement on all advertising, brochures, posters, etc. "Funding/or this service has been
98, JG3
Attachment A page 5 of 5
provided by the San Bernardino County Department of Aging and Adult Services through a grant award
from the California Department of Aging".
3. Coordinate seIVice with other county departments and local agencies by providing time for presentations
or special activities that promole a Community Based Sysleni of Care for the elderly participanls attending
their sites. All such aclivities musl be documenled and kept on file for review by DAAS.
D. Reporting Requirements
I. Report all known or suspected cases of elderly abuse 10 DAAS Adult Proleclive Services or law
enforcement inunediately or as soon as possible by lelephone, and send a written report within lwo (2)
working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidalion, cruel
punishmen~ fiduciary abuse, abandonmenl, isolation or other ireatmenl with resulting physical harm or pain
or mental suffering or the deprivaiion by a care custodian of goods or seIVices which are necessary 10 avoid
physical hann 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 mes 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. roule sheets supporting meals reported on the CDA 188 form all
of which will be kept on me by month for annual review.
3. Report monthly expendiJures 10 DAAS by the 5th working day of the month. Mainlain support mes
ineluding but not limited to invoices, payroll, and other supporting documenls, all of which will be attached
10 a copy of the expendiJures report and kept on me by month for review during the Annual Audit.
4. Maintain records, by month, thai support elaimed in-kind expendiJures.
5. By September 30, report expendiiures funded with Deferred Income.
6. Develop and have on hand, for review by DAAS, a cost allocation plan which explains the methods used
10 allocate cost, 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 10 elderly participants by either increasing the number of individuals attending its
present sites, or by opening new sites in communities not already seIVed 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 10 lhe department for prior approval. Failure to abide by this work plan will
constitute just cause for sanctions being imposed.
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'98 Hi 3
CITY OF SAN BERNARDINO
EXHIBIT' "B"
BUDGET SUMMARY
FY 1998-99
FY 1998-99
FUNDTNG
EXPENDITURES:
REVENUES:
Title III, Older Americans Act
C-1
~an. '"
U.S. Department of Agriculture
C-1
$ 1';,160
TOTAL REVENUES:
$148,6'1,
.$148,6'1,
l r) 3
CONcjTREGA TE SITES Cl [U HOME DELIVERED MEALS C2 D 9-1-98/6-30-99
EXPENDITURE CATEGORY Funding Match TOTAL
Less Match Cash In-Kind
1. PERSONNEL 90,000 30,000 120,000
2. STAFF TRAVEL 500 0 500
3. STAFF TRAINING 224 0 224
4. EQUIPMENT 0 0 0
5. CONSULTANTS 4,180 0 4 180
6. FOOD COSTS 71 793 700 72 493
7. CONSUMABLE SUPPLIES 9,000 0 9 000
8. INSURANCE 833 833
9. REPAIRS & MAINTENANCE 4,660 1,667 6,327
10. RENT/BUILDING SPACE 0 40 833 40 3
11. UTILITIES 0 18,333 18,333
12. VEHICLE OPERATIONS 5 50
13. VOLUNTEER EXPENSES 0 833 833
14. OTHER 6,584 49,420
fotal Expenditure
Less Match
Match Cash
Match In-kind
228,693
99 783
328 476
Less Funding
Non Match USDA ~~~290 x
4,29_0 x. L 12
on Match Cash/CDBG
35 360
80,000
Program Income
rOTAL FUNDING REQUEST 113,333
Jate of Submission 9-1-98
"ROVIDER NAME CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY SERVICES
SAN BERNARDINO COUNTY-OMS Form 312A
02/13/98
328,476
INITIAL BUDGET ~
REVISED BUDGET D
ATTACHMENT C
98 103
Department of Aging ond Adult Services
Son Bernardino County
CDA 217 (6/96)
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS. AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge ond belief, thaI:
(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 ploced 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
CALIFORNIA
CONTRACTOR
STATE
/J 1 '
c f/J[ I~ - - ~0n4/___
AUTHORIZED SIGNATURE
;!J~ (' L
TITLE
/o-/'f-f?
DATE
98
i ',3
) \.
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE:
November 23, 1999
TO:
To The File - For The Record
FROM:
Melanie Miller, Senior Secretary
RE:
Res 98-103
CC:
Sandra Medina, Administrative Operations Supervisor
On Thursday, November 19, 1998 I received via the interoffice mail a document from Tom Boggs in Parks,
Recreation and Community Services with a note that read "City Reso. No. 98-103".
Resolution 98-103 was adopted May 4, 1998, Item #12, with a 60 day expiration date, which means the authority
to complete the document expired July 3, 1998.
The actual signatures on the document are all October and November 1998.
I pulled the agenda backup for May 4, 1998 and there was no indication of a change to the agreement on the agenda
tracking form, and no copy of the agreement.
I pulled Resolution 98-103 and there was no copy of the agreement.
I was not told by Eileen when I started resolutions that this was a pending resolution.
I talked to Tom Boggs and he said that there had been a problem with one page of the document and that it had been
revised that was why there was such a delay in getting it executed. He explained that the change to the document
was requested by San Bernardino County to their grant form, and that the change was administrative in nature, and
not substantive.
After speaking with Tom Boggs and Sandra Medina it has been determined that this is a valid agreement.
7"zktv~. ~?7
Melanie Miller
Senior Secretary