HomeMy WebLinkAbout1996-252
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RESOLUTION NO.
96-252
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVJCES DEPARTMENT
TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM DEPARTMENT OF
AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE
PERIOD OF JULY 1, 1996 THROUGH JUNE 30, 1997.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and Community Services
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10 Department of the City of San Bernardino is hereby authorized and directed to submit an
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application to accept on behalf of City a grant from San Bernardino County Department of
Aging and Adult Services for the Senior Nutrition Program for the period of July 1, 1996
through June 30, 1997.
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SECTION 2.
The authorization granted hereunder shall expire and be void and
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17 of the City Clerk within sixty (60) days following the effective date of the resolution.
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of no further effect if the agreement is not executed by both parties and returned to the office
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
19 and Common Council of the City of San Bernardino at a
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regular
meeting thereof, held on the
5th
day of
August
1996, by the following vote, to wit:
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RES 96-252
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 SAN BERNARDINO COUNTY
DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION
PROGRAM FOR THE PERIOD OF JULY I, 1996 THROUGH JUNE 30, 1997.
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20 Apraved as to form
and legal content:
COUNCIL MEMBERS AYES. NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
x
ARIAS
OBERHELMAN x
DEVLIN x
x
ANDERSON
MILLER x
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q/L
The foregoing resolution is hereby approved this C/ day of
August
, 1996.
;;;;;~Vbt~ _
Tom Minor, Mayor
City of San Bernardino
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James F. Penman
22 City Attorney
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M/Doc Resolution
25 Dept of Aging 7/24/96
AFR:jj
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RES 96-252
. ~ KkJ-4. yc,-)SJ-
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
FROM:
August 27, 1996
MIKE DECKER, Director
Department of Aging and Adutt Services
SUBJECT:
CONTRACT FOR NUTRITION SERVICES BETWEEN THE COUNTY AND THE
CITY OF SAN BERNARDINO "I ~ n
RECf.1; ."
SO' \}::' 19'3\:)
of' & CGMM, S~C.
Approve contract between the County and the City of San Bernardino to provi~~'r\utnti~n services in the
amount of $200,401 from July 1, 1996 through June 30, 1997.
RECOMMENDA nON:
BACKGROUND:
The Department of Aging and Adutt 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 years and older. The Department of Aging and Adutt Services published a Request for
Proposals from March 28 to April 15, 1994, for eligible organizations to provide nutrition services for the elderly
in San Bernardino County utilizing Older Americans Act TrUe III-C1 and C2 funds. The City of San Bernardino
was selected to provide congregate services.
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 nutri'.ion services to San
Bernardino and Highland.
REVIEW BY ADVISORY GROUP:
The Senior Affairs Comrrission has approved this contract.
REVIEW BY OTHER DEPARTMENTS:
This contract has been reviewed and approved by County Counsel (Ruth Stringer), Risk Management (Kathy
Brill), and Contract Compliance.
FINANCIAL DATA:
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 Proposed Budget
PRESENTER: Mike Decker, Director, Department of Aging and Adutt Services
AGREEMENT NO. 96-819
cc: DAAS w agreement
Contractor w/agreement
c/o DAAS
Auditor w/agreement
Contract Compliance
Risk Management
SSG
File
Action of the Board of Supervisors
APPRevEP'BQ~RD OF SUPERVISORS
,"COUNTY OF SA~'IilERNARDINO
MOTION
AYE
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AYE
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MOVE
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SECOND ABSENT
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EARLENE SPROAT, CL ~K OF THE BOARD
e>>i .
BY'; . C
DATED A~~~.st 7.1996
Deputy
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Rev. 10/81
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ITEM 50
RES 96-252
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C;n,. I<k'j-(' '# q to - 2 52-
FOR COUNTY USE ONL Y 7 . .
i E New Vendor Code ~r Contract Numb8:
! Mf Co.nge Isrci' i IAAi q / _ VIe?
~ Cancel . ---L- I ft:; 0, / -----'
County Department DEPARTMENT OF Dept. Orgn. : Contractor's License J\Jo
AGING AND ADULT SERVICES OOA OOA i
I County Department Contract Representative Ph. Ext. T AmOL,nt of Contract I
IMIKE DECKER, DIRECTOR '$200,401., I
P' Dept. Organization Appr. ObjiRev Source I Activity ! GRC'PROJ,JOB Numberi
! SBG .OOA OOA 2445 I I --J
I Commodity Code Estimatec Paymen-; Total by Fis:::al Year I
I FY Amount liD FY Amount 1;'0
Project Name 97 $ 200 , 401
NUTRITION FOR
SEN'IORS
County of San Bernardino
FAS
STANDARD CONTRACT
THIS CONTRACT is entBred into in the State of California by and between the County of San Bernardino, hereinafter cali&d
tne County, and
!\iame
CITY OF SAN BERNARDINO
hereinafter called
CONTRACTOR
Adr:!;ess
547 N. SIERRA WAY
SAN BERNARDINO, CA 92401-1211
P!iGf1e Birth Qa,e
(909) 384-5231
~e,~era; !D ;~o C" So'jal Securitj' r~o
95-6000772
i' :5 HERES'y AGREED AS FOLLOWS:
c,,"_~',' I:';"'~~"" and 3ed,'t/anal bond t;heets S~r :0'1/. ;,ljrviCf ;0 be rendered, amour:: tr: be palO, ,-nannerr;f pa~imer'! i'rr:e fe' pe,-formatiu 0' -(;;"'"1:]16';,0,'1
l" ,. S2i'S/!o.:t:,r, pe'-Iormar,ce J."d Cc:~5':; fer jerrr:ma:iol1, other ierms ar,d cct,ditions, 8'10 artacr r.'ans, specdrC31,J!lS. and ac:ce,'l;i i em.
THIS AGREEMENT is entered into on the 1st day of July, 1996, 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
assistance to state and local agencies to develop
supportive services to meet the needs of the elderly;
amended, provides for
nutri tion and social
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:
0212:;11000 Rev ,,'91
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RES 96-252
ARTICLE I.
DEFINITIONS
A. "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.
B. "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 11r.liced to, income
in the fom 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. Contributions/donations made by older persons
are considered proglam income.
C. "General Program Income" refers to meal income r.eceived in the form
of contributions/donations made by the elderly for services rendered.
D. "In-Kind Contributions" are property, equipment, services (e.g.
volunteer sel~ices) and supplies benefiting a Title III supported program or
activity contributed by non-federal third parties without charge to the
service provider (Contractor).
E. "Non- expendable Personal Property refers co tangible personal
property having a useful life of more than one year and an acquisition cost
of $300 or more per unit.
F. "Elderly" refers to any individual who is 60 years of age or older.
ARTICLE II.
TERM OF AGREEMENT
The term of this agreement will begin on the 1st day of July, 1996 and
terminate on the 30th day of June, 1997.
ARTICLE III.
FISCAL AND PROGRAM PROVISIONS
A. COMPENSATION
1. Maximum Funds Available
The maximum amounc of funds available under this agreement shall be
$200,40~ and shall be subject to availability of funds from CDA.
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RES 96-252
2. Schedule of Payments
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 on a reimbursement basis. The
monthly disbursement is not to exceed one-twelfth of the balance of the
appropriated funds without written justification for reimbursement to exceed
one-twelfth. The calculation of the monthly disbursement amount will be based
on the previous month's expenditures and the cash-on-hand identified in the
Nutrition Program Expenditure Report/Request for Reimbursement. USDA funds
will be paid at the prevailing rate for each reimbursable meal served, and
reimbursed to contractor as funds become available.
3 . Expendi ture 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 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 Closeout 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 . GENERAL PROGRAJII INCOME
1. Contractor is encouraged to seek contributionsldonations 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.
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2. General program income will be used a) to increase the number
of clients served by a project, b) to facilitate access to such meals, and c)
to provide supportive services directly related to nutrition. General program
income will be used within the program in which it was earned.
3. Deferred Income
a. Meal 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 in
the first quarter of the next fiscal/contract year (July 1 through 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 fiscal/contract year. Use of the deferred income must be reported in the
Nutrition Program Expenditure Report/Request for Reimbursement expense
reports as spent, within the first quarter of the new fiscal/contract year.
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
expenditures, a) to increase the number of
facilitate access to such meals, and c)
directly related to nutrition. Deferred
program in which it was earned.
be used for general program
meals served by a project, b) to
to provide supportive services
income will be used within the
C. MATCHING CONTRIBUTIONS
The Contractor will provide in-kind matching contributions of a
~n~mum of$16,556,which is the Title III portion of the contract multiplied
by 11.11%. Allowable match shall be in compliance with the following CDA
requirements:
1. 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 (volunteers).
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 support services.
Page 4 of 26
RES 96-252
4. Contractor will comply with the Budget In-Kind Narrative
statement which was submitted to DAAS with the initial budget identifying the
type, rates =applied and, if applicable, sourcellocation of in-kind to be
used as match for the period of the contract. The identified in-kind match
will be reported monthly on the monthly expense reports.
a. Services of volunteers shall be
consistent with those ordinarily paid for similar work by
the Contractor does not have similar work, the rate shall
those in the labor market. In either case, a reasonable
benefits may be included.
valued at rates
the Contractor. If
be consistent with
amount of employee
b. All other in-kind contribl\tions shall be valued at
current market value.
D. AUDIT
1.
required by
submitted to
Contractor will arrange for an audit to be performed as
the Single Audit Act of 1984, Public Law 98-502 and a copy
the:
Department of Aging and Adult Services
686 E. Mill Street
San Bernardino, CA 92415-0640
2. If Contractor is a public or private entity:
a. Non-profit institution with multiple awards totaling
$100,000 or more a year in federal awards, shall have an audit made in
accordance with the provisions of Office of Management and Budget (OMB)
Circular A-133, Audits of Institutions of Higher education and other
Nonprofit Institutions;
b. Non-profit institution with multiple awards totaling at
least $25,000 but less than $100,000 a year in federal awards, shall have an
audit made in accordance with OMB Circular A-133 or have an audit made of
each federal award, in accordance with federal laws and regulations governing
each program in which they participate.
3. Said audit 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
Page 5 of 26
RES 96-252
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) ;
c. A report on compliance with laws and regulations that
may be material to financial statements; an opinion on compliance with laws
and regulations applicable to each major federal program and a statement of
positive assurance of those items that were tested (including program income)
for compliance and negative assurance for those items not 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 op~n~on 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.
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RES 96-252
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.
total
count
b. Schedule of Meals Served.
number of meals served by the contractor
shall be classified as C1 or C2.
This schedule will give the
for the grant period. Meal
6. Contractor will select a certified public accountant of
approved auditors published by the County of San Bernardino. Once an Auditor-
Controller auditor has been decided upon, the Contractor will coordinate
efforts to receive final approval from DAAS prior to hire.
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-133, 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.
13. Contractor will assist and comply with audit resolution
requirements as required by DAAS, including submitting to DAAS at the exit
conference, a corrective action plan for any findings or recommendations,
identified in the draft audit.
14. Contractors must take appropriate action to correct instances
of noncompliance with federal laws and regulation within six months after
DAAS has received audit report.
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RES 96-252
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 REVISIONS
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 Contractor's policies and procedures used in processing and
awarding contracts, which includes vendors, should be (1) organized and
structured; (2) reasonable and equitable; (3) documented and approved by
appropriate authorities; (4) consistent with federal, state, and local law
applicable procurement requirements; (5) uniformly applied; and (6) open for
public review and scrutiny.
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 and/or 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
monitoring, assessment and evaluation process.
program andlor administrative staff (fiscal, etc.)
process and filing a corrective action plan within
the exception.
conducting any auditing,
This includes making any
available as a part of the
30 days of notification of
D. INSPECTIONS
Contractor shall make available to DAAS, State or Federal
officials, its records and data with respect to all matters covered by this
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RES 96-252
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).
ARTICLE V.
INDEMNIFICATION AIm INSORANCE
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 ar~s~ng from
Contractor's acts, errors, or omissions, and for any costs or expenses
incurred by the County on account of any claim therefore, except where such
indemnification is prohibited by law.
B. Without in any way affecting the indemnity 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-Insurance 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 AutOlllObile 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).
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, ~
4. Professional Liability - Professional Liability Insurance with
limits of at least $1,000,000 per claim or occurrence.
C. ADDITIONAL NAUD INStJRBD
All policies, except for the Workers I 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
Page 9 of 26
RES 96-252
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.
F. PROOF OF COVBRAGE
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. INSURANCB REVIEW
1. The above insurance requirements are subj ect to periodic
review by the County. The County I 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
receipt.
ARTICLB VI.
LAWSUITS
Contractor understands and agrees that any/all legal 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
Page 10 of 26
RES 96-252
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.
ARTICLE VIII. CORRECTION OP DEPICIENCIES OR NON-PERPORMANCB
A. PERPORMANCE STANDARDS AND RtnnrnIES
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 increase 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.
B. APPEAL PROCEDORBS
The provider shall file a formal written grievance with the DAAS
Supervisor of Administrative Services within ten 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
Page 11 of 26
RES 96-252
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 ten county business
days of receipt of the grievance.
If the provider is not satisfied with the DMS Supervisor of
Administrative Services' response, the provider may file a written grievance
appeal, which shall include a statement by the provider as to why the
Supervisor's response is not satisfactory, to the DMS Director within ten
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 ten county business days.
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 ten state business days following receipt of the
DMS Director's decision. The provider shall submit to the California
Department of Aging the original written grievance along with a copy of the
Supervisor of Administrative Services' written response, the provider's
appeal to the Director, and the Director's decision. The Cal ifornia
Department of Aging will have final authority for the decision of grievance
claims.
C. EARLY TERMINATION
DMS may terminate this contract without cause upon thirty (30)
days written notice to the other party.
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.
Page 12 of 26
RES 96-252
ARTICLE X. CONTRACTOR RESPONSIBILITIES
A. GENERAL RESPONSIBILITIES
1. Contractor must be incorporated and is
advising the County of any actual or impending change
status.
responsible for
in incorporation
2. If the Contractor is a non-profit, private corporation the
following requirements shall be met:
a. Training in program requirements, agreements with DAAS
and non-profit board responsibilities shall be provided to all Board members
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.
3. 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 (CDA PM, Part H, Section 107.5).
4. Contractor shall recruit for vacant positions in an open and
competitive way. A job application free of discriminatory questions shall be
used. 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.
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.
B .
policies and
Housing Act.
Contractor shall maintain and comply with written personnel
procedures consistent with the California Fair Employment and
9.
Vehicles used to provide andlor support service shall contain
Page 13 of 26
RES 96-252
fire extinguishers, first aid kits and reflectors. Daily pre-trip inspections
to insure safe operation shall b~ conducted and documented on an appropriate
form.
10. 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.
11. Contractor shall provide the County with photocopies of all
inspection reports or certificates immediately.
B. SERVICES TO BE PROVIDED
Contractor shall Provide all
activities identified in Attachment A to
I, 1996 through June 30, 1997.
program services
this Agreement for
and perform all
Fiscal Year July
Contractor shall, in a satisfactory manner, as determined by DAAS,
conduct, administer and provide nutrition services for the elderly as defined
in the attached WORK PROGRAM, Exhibit A-I, and PROGRAM BUDGET, Exhibit Band
B-1, and certificate 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.
good quality.
Contractor is to serve meals that are nutritious, safe, and of
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.
4.
participants.
Food shall be prepared in sufficient quantities to serve all
Careful planning shall minimize leftover food and prevent waste.
5. Correct and consistent portions shall be served to all
participants.
6. Appropriate food
handicapped participants shall be
containers and utensils
available on request.
for
blind
and
7. All participants are to be permitted to eat a leisurely meal.
8. Meals are to be served in a courteous and friendly manner.
Page 14 of 26
RES 96-252
9. Contractor shall consider the cultural, religious preferences
and special dietary needs of elderly persons.
10.
to be served
comfortable.
Contractor is to serve meals in an approved site. The meals are
in a facility where elderly persons will be welcomed and
11.
The facility
regulations.
The facility is to maintain adequate lighting and ventilation.
is to meet all applicable health, fire, safety and sanitation
12.
well-equipped.
Contractor is to provide restrooms that are clean, adequate and
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
surrounded by adequate aisle space (3 feet, 8 inches) to allow
with canes, walkers, crutches, or wheelchairs to move with ease.
of tables
for persons
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.
Page 15 of 26
RES 96-252
f. The restricted use of carbohydrate foods, salt and
saturated fats shall be considered.
18. Contractor shall insure the program director has completed a
minimum of 15 semester units of instruction in food service sanitation.
19. Whenever two or more persons manifest the symptoms of foodborne
illnesses within a similar time frame after consuming nutrition service food,
Contractor shall notify the local health authorities to initiate an
investigation. Contractor shall immediately notify the County within twenty-
four (24) hours of such an occurrence.
20. Contractor shall provide semi-annual training or more
frequently, depending on staff/volunteer/participant turnover, regarding the
sources and prevention of foodborne 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 the County.
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. 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 and/or volunteers
within nutrition program sites where a language other than English is commonly
spoken.
C. LICENSE & STANDARDS
Where the State or local public jurisdiction within the State
Page 16 of 26
RES 96-252
requires license and/or standards to be met, for the provision of services,
the Contractor will, in performing the services required under this contract,
obtain all necessary licenses and/or permits and maintain such licenses and
permits for the full term of the contract. If license and/or standards are
required, verification of license and/or standards will also be required and
will occur in conjunction with monitoring visits.
D. FISCAL RESPONSIBILITY
Contractor will ensure that all expenditures are supported by
properly executed payroll, time records, invoices, contracts, vouchers, orders
and any other accounting documents pertaining in whole or in part to this
contract. Such documents will be clearly identified and readily accessible to
DAAS staff, as may be required.
E . CONFLICT OF INTD.I:ST
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 the County and such conflict may be grounds for termination of the
agreement.
F. 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,
Page 17 of 26
RES 96-252
aunt, uncle, niece, nephew, and members of the same household.
G. AlmNDMENTS 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 BCONOIIIC OR SOCIAL DED
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 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 Contractor 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. TRAINING AND KANPOWBR DBVBLOPIIBNT
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 XI,
Memorandums and/or Letters of Understanding and client records) of its
activities and expenditures hereunder in a form satisfactory to the County
and/or State and in accordance with generally accepted accounting procedures.
Page 18 of 26
RES 96-252
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.
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 A.
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 and/or 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 and the
California Department on Aging. The Contractor shall provide for those
designated in the Chart of Accounts as identified by the categories in the
budget display.
It is mandatory that the Contractor report fiscal
operations to DAAS using the categories of transactions detailed in the Chart
of Accounts.
b. Internal Control (CDA PM, Section G, Paragraph 93.11
through 93.21)
Effective control and accountability shall be maintained
for all grant cash, real and personal property and other assets. Contractor
shall adequately safeguard all assets and shall assure that they are used
solely for authorized purposes.
c.
Budgetary Control
(CDA PM,
Section G, Paragraph
93.23)
Page 19 of 26
RES 96-252
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)
OMS Circular A-122, "Cost Principles for Non-Profit
Organizations" shall be used as a guide for determining allowable costs.
e.
Source Documentation (CDA PM,
Section G, Paragraph
93.39)
Accounting records shall be supported by source
documentation such as cancelled 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.
2. Contractor shall meet the following standards for its financial
and program management systems, as provided in the Title III Program Manual:
a.
Pinancial Reporting (CDA PM,
Section G, Paragraph
93. Sa)
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 Sth working day of the month.)
· Monthly Nutrition Program Expenditure Report/Request for Reimbursement
2) Semi-annually
· Budget Revision #1 (Due November 1)
. Budget Revision #2 (Due March 31)
Page 20 of 26
RES 96-252
3) Annually
. Financial Close-out Report (Due August 1)
· Periodic Inventory (Due August 1 with Closeout)
. Audit Report (Due October 31)
. Revised Financial Close-out Report (Due October 31 with Audit Report)
b. Program Reporting
indicated:
The following reports are to be submitted to DAAS when
1) Monthly (Due by the 5th working day of each month)
· III B Monthly Supportive Services Report
. III CI, C2 Monthly Nutrition Report
2) Quarterly
.
Program modification request
describe, in detail, necessary
the requested modification.
in writing to DAAS. Contractor will
program change(s) and the reason(s) for
3. DAAS may require financial and program 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 and program management standards are met.
M. PROPERTY KANAGKIIBIfT
1. All equipment purchases over $300.00 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.
3. The Contractor shall exercise due care in the use, maintenance,
protection, and preservation of personal property during the period of the
Page 21 of 26
RES 96-252
project. The Contractor shall be held liable for all losses of or damage to
non-expendable equipment or material resulting from negligence or improper
implementation of safeguards.
4. The disposal, loss and/or 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.
5. Loss by fire, vandalism or theft must be immediately reported
to the fire department or police, as applicable. A copy of the fire department
or police report of the incident should also be forwarded to DAAS.
6. DAAS shall be notified of the loss within seventy two (72)
hours of the discovery of the loss.
7. 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.
8. 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.
9. Once Contractor has recei ved
vehicle to be salvaged, Contractor shall
lettering, signs, etc., are removed.
disposal authorization for a
ensure that all identifying
10. Prior to replacement of any property, Contractor must obtain
written authorization from DAAS.
11. 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 DAAS for redistribution to other DAAS projects.
12. 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."
13. Any equipment purchased shall be reported on the Expenditure
and Claim for Reimbursement Report for the month in which the equipment was
purchased. DAAS will verify approval for purchase was given prior to the
purchase of the equipment.
Page 22 of 26
RES 96-252
14. Equipment will be periodically inventoried by DAAS to insure
all equipment purchases are properly approved, documented, and recorded on the
inventory. Significant violations may result in the imposition of sanctions.
N.
mailing
change.
Contractor shall notify the County, in writing, of any change in
address and/or physical location within (10) days of the address
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.
ARTICLB XI.
GBlIlmAL PROVISIONS
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. Federal, State and County shall have a royalty-free, non-exclusive
and irrevocable license to publish, copy, translate, or use now and hereafter,
all materials, data, films, papers, etc., developed under the terms of this
Agreement, including those covered by copyright, and reserves the right to
authorize others to use or reproduce such material. The County and the State
shall retain ownership and have access to any reports, preliminary findings,
or data assembled by the Contractor under this Agreement.
D. Contractor understands and agrees that
governed and construed in accordance with the Older
amended and with California State and Federal laws.
the contract shall be
Americans Act of 1965 as
E. The Contractor agrees to fully comply with the laws and programs
(including regulations issued pursuant thereto) which are listed following
this paragraph and/or 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 he/She 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 applicable the provisions of said laws, programs and
regulations are deemed to be a part of this contract as if fully set forth
herein.
1.
The San Bernardino County Affirmative Action
Compliance
Page 23 of 26
RES 96-252
Program, Policy 11-15, Minority Business Enterprise (MBE) 15% and Women
Business Enterprise (WEE) 5%.
2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and
1974, as amended. Pub. L. 92-540, Title V, Section 503 (al, Pub. L-93-508,
Title IV, as amended, Section 402. (38 USCA 2021-2027).
3. California Fair Employment and Housing Act, Government Code
Section 12900 et. seg.
4. 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). (See Exhibit C.)
5. Drug-Free Workplace Act of 1990.
6. Title III Program Manual for Area Agencies On Aging
7. 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. seg.); and Environmental Protection Agency Regulations (40 CFR Part
15 and Executive Order 11738).
8. 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 of October 13, 1967, as
supplemented in Department of Labor Regulations (41, CFR Part 60).
9. Provisions Against Lobbying
Lobbying".
Exhibit C to this contract entitled "Certification Regarding
10. 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.
Page 24 of 26
RES- 96-252
11. 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 soon as possible. A written
"Report of Dependent Adult/Elder Abuse (SaC 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 anywhere other than a long term care facility or state mental
hospital or state developmental center, the report shall be made to Adult
Protective Services or local law enforcement. 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.
F. 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.
G. Publications
Any books, reports, pamphlets, papers or articles, including
newspaper reports, based on activities funded by this contract, must contain
an acknowledgement of funding by the San Bernardino County DAAS. The following
language should be used: -These services are due, in part or in whole, to
funds provided by the Department of Aging and Adult Services through the Older
Americans Act, as amended.
Page 25 of 26
RES 96-252
H.
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 contact.
I. 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.
J. 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.
K. Religious Activity Prohibited
Contractor agrees it will not perform or permit any religious
proselytizing activities in connection with the performance of this Agreement.
L. Entire Agreement
This Agreement consisting of 26 pages, Attachments consisting of a
5 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 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.
COUNTY OF SAN BERNARDINO
~ &A~"./"" J ~A........ -< ~
Chairman, Board of Supervisors
AU6 27 1996
CITY
SAN BERNARDINO
, company, etc,)
Aut orized Signature}
Dated 7 - .)-y- '1 ~
Titl;D~ C~1fJ-1./
Address 547 N. SIERRA WAY
By SAN BERNARDINO, CA 92401-1211
Dated
By ~
Reviewed for Processing
Date
un4 J--:/f( ~
Date
~
Agency Administrator/CAD
Date
02-12311.000 Re\l. 11191
Page ~ of 26
RES 96-252
Attachment A page 1 of 5
Work Plan
City of San Bernardino
FY 96-97
This work plan contains 1he ~le objectives mandated by DAAS of the Nutrition provider. The workplan specifies and
establishes time frames either on an annual basis or where required by state regulations on a quarterly basis. The work plan
constitutes the primary document for on-going monitoring, Annual Program Perfonnance Review/Fiscal Audit and will be
used to measure the providers efforts towards providing quality Nutrition Services.
L Program Description
A. Geographic Area/Clientele & Eligibility Criteria
I. The geographic area selVed by this contractor covers the communities of San Bernardino and Highland.
2. The clientele for congregate nutrition consists of:
a. Seniors 60 and over;
b. The spouse of any person 60 and over;
c. Handicapped or disabled individuals who reside in a housing facility occupied primarily by the elderly at
which congregate nutrition services are provided,
d. A handicapped or disabled child who lives with an elderly individual and;
e. Any vohmteer regardless of age who volunteers his/her time at a meal preparation site at least eight hours
per month.
3. The clientele for Home-Delivered Meals consists of:
a. Seniors 60 and over;
b. The spouse of any person 60 and over;
c. A non..,lderly person who lives with an individual receiving Home-delivered Meals;
d. Handicapped or disabled individuals who live with the elderly client, and;
e. Any vohmteer regardless of age who volunteers his/her 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 promoting better
hea1th through improved nutrition and reduced isolation through a program coordinated with other supportive
services.
2. Def"mition: Nutrition services include the procurement, preparation, transport, and service of meals to older
persons at congregate sites or in their homes.
C. Intended Outcomes
1. Serve 350 Congregate meals per day that are nutritious, providing at least 1/3 of the minimum daily
requirements, served in an environment that is pleasant, safe and free from coercion at least 254 days per year
for a total of 88,900 meals per year at the sites listed in Exhibit A -I.
2. Provide Congregate mea1s to at least 2,000 unduplicated seniors of which 150 are minority low-income seniors.
RES 96-252
Attachment A page 2 of 5
3. A Program Dietitian, meeting 1he requiremen1s set forth wi1hin PM 95 03 (P), 145.3b, will provide a minimum
of 20 hours of activity to provide functions mandated by the State of California Those functions include
approval of the contractors menus, staff training, nutrition education activities, and monitoring.
Contractor's menus will be approved by the dietitian ~ submission to the AAA Dietitian for fmal approve
and certification prior to use as specified wi1hin PM 95 03 (P), 143.38,6. Staff training will be provided as
specified within PM 03 (P), 147.5. Nutrition education services shall be provided to homebound and congregate
sites as specified wi1hin PM 95 03 (P), 145.11. Nutrition counseling shall be provided to homebound and
congregate participan1s as specified wi1hin PM 95 03 (P), 145.13.
4. Provide outreach in 1he community through a minimwn of 12 presentations to community groups, organizations,
etc. and through door-to-door contact to new seniors of at least 254 presentations which represen1s at least 254
hours of outreach activity, and is exclusive of the periodic home visi1s conducted by the provider to their current
participan1s homes. All outreach will be documented and kept on fIle for the Annual Program Performance
Review.
5. Conduct a client satisfaction swvey at least once a year if not more often. The swvey instrument must be
approved by a des;!!,,""" DAAS staff prior to its use, and all fmdings from the swveys must be used to improve
seJVices. The returned swveys and the tabulated resuI1s must be kept on fIle for review by DAAS. A copy of
the tabulated resu11s must be sent to DAAS.
6. Prepare posters and signs in languages other than English, and post the signs in such locations as churches,
community service locations and small stores serving the minority communities.
n. Servke Delivery Activities
A. Staffing and Volunteers
Sufficient personnel shall be available to carry out the needs of the program. This includes a Project Director and
additional personnel as determined by the size of the service area and the method and level of service provision
needed to fully comply with the terms of this wod<plan and contract.
1. Paid Staff FTE o/oCl o/oC2
a. Food Supervisor II 1.00 100 0
b. Food SUpelVisor I 1.00 100 0
c. Food Worker II 1.00 100 0
d. 2 Food Worker \'s 1.00 100 0
e. 3 Site Coordinators!
Recreation Leaders 1.13 100 0
f. Senior Recreation Leader/Accountant!
Accountant T echlKitchen Helper 1.00 100 0
g. 2 Food ServicelDelivery Persons 1.00 100 0
h. Administrative Assistant!
Recreation Specialist .60 100 0
i. Senior Recreation SUpelVisor .25 100 0
j. 4 Kitchen Helpers 2.00 100 0
2 Volunteer Staff
a Volunteers constitute individuals who wod< at least eight hours per-month without pay in the performance
of essential duties at a Congregate or Home-delivered kitchen.
.......
RES 96-252
Attachment A page 3 of 5
b. Volunteers shall be recruited and used in all phases of services operations. Volunteers shall:
i. Be screened and selected through a formal process that assesses their capabilities, and;
ii. Not replace paid personnel.
c. Individuals who work at a meal preparation site for either Congregate or Home-delivered Meals and are paid
through Job Training and Partnership Act, Senior Employment, Work Study, or any other job training
program are not considered volunteers and must pay the agreed upon rate charged for regular paid staff.
B. Staffmg Definitions-Nutrition Services Project Director: The minimum qualifications for a Nutrition Project Director
include individuals with an associate degree with emphasis in:
I. Food services management; or
2. Business Mmini~ation~ or
3. Personnel and/or Human Resources Management, or Gerontology; and
4. Two years of experience with increasing responsibility.
C. Training Activities
I. Provide training quarterly, at a minimum, to improve the ability, knowledge, and skills of paid and volunteer staff
of the nutrition program. A written training plan shall be prepared as specified within PM 95 03 (P), 147.5, in
order to comply with this requirement. The written staff training plan is to be implemented and placed on file
by September 30, J 995, and be available for review by DAAS staff
In addition, annua1ly evaluate the paid staff and volunteer's performance to determine hislher effectiveness, skill
development and understanding of the tasks they are assigned. Documentation of the annual evaluations will
be kept on me at the provider's main office for review by DAAS during the Annual Program Performance
Review.
2. All Project Directors and food seIVice maoagers shall complete a minimum of 15 clock hours specifically related
to food seIVice management, business administration, personneL or personnel management. Proof of completion
will be documented and kept on me for review by the Department during the Annual Program Performance
Review.
3. All Project Directors and food 90IVice maoagers shall complete a minimum of 15 clock hours specifically related
to food sanitation and health. Proof of completion will be documented and kept on me for review by the
Department during the Annual Program Performance Review.
D. Se1Vice Locations
Central Kitchens
I. 5th Street Senior Center Site
2. Hernandez Site
3. Lytle Creek Site
4. Highland Site
5. Nicholson Site
6. Perris Hill Senior Center Site
7. Enterprise Center Site
8. Adult Day CarelHighland Site
I. 5th Street Senior Center Site
2. Perris Hill Senior Center Site
E. A1enu Planning
I. Coordinate with the Departmenfs Nutritionist by providing monthly menus. No change to the menus will occur
without a two day prior notice to DAAS and proper documentation kept on me at the provider's main office.
RES 96-252
Attachment A page 4 of 5
2. Develop menus that are reflective of the participants food eating habits. Particular attention shaIl be paid to
ethnic and regional foods which should be served at leas! once a week if not more often.
m Other Service Requirements
A. Meal Site Physical Set-up
1. Provide an attra:tive environment including but not 1imited 10 table cloths, table decorations. bulletin boards, waIl
decorations, matching dishes and utensils. Fw1her, the provider will encourage creative, appealing, and
innovative activities aimed at encouraging greater participation by the seniors.
2. Post floor plans identifying emergency exits, assembly areas, etc. and conduct evacuation drills at leas! twice a
year. Proof of evacuation drills will be kept on me duly signed by the Fire Marshall, or other authorized agency
within the community where the site or sites are located.
3. Post "NO SOLICITING" signs on the door leading inlo each Congregate site. No soliciting of any kind is
permitted on the premises during the lunch hours for services or goods promoted by businesses.
B. Donations and Confidenliality
I. Maintain a written donation policy and appropriate procedures to safeguard and account for all contributions.
2. Encourage seniors to donate by posting motivational signs, and by verbaIly reminding the participants about the
importance of their contributions. The Contractor will not in any way employ tactics which could be viewed as
coercion, embarrassing and/or obligatory to the meal being provided 10 the senior participant. Tactics such as
placing vohmteers 10 gwud the coJleclion boxes, having participants sign-in and pay before a meal ticket is given,
etc. are strictly prohibited by this work plan and contract. Further, no exchange of money for the purpose of
making change will be aIlowed at the collection box.
3. All contributions, including those for guest and staff meals, shaIl be used to increase the number of meals, to
facilitate access to nutrition services, and to provide other supportive services directly related to nutrition.
C. Coordination Actwities
J. If applicable, develop a fair and equitable policy and procedure for referring elderly participants to the
appropriate transportation provider for securing public transportation 10 and from nutrition sites and have the
policy fully in place by September 30.
2. Include the following statement on all advertising, brochures, posters, etc. "Fundingfor this service has been
provided by the San Bernardino County Department of Aging and Adult Services through a grant award from
the California Department of Aging".
3. Coordinate service with other county deparbnents and local agencies by providing time for presentations or
special activities that promote a Community Bases System of Care for the elderly participants attending their
sites. All such activities must be documented and kept on me for review by DAAS.
D. Reporting Requirements
I. Report all known or suspected cases of elderly abuse to OAAS Adult Protective Services or law enforcement
immediately or as soon as possible by telephone, and send a written report within two (2) working days. Abuse
of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse,
abandonment, isolation or other treatment with resuIting physical harm or pain or mental suffering or the
deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental
suffering.
RES 96-252
Attachment A page 5 of 5
2. Report accurate meal counts on CDA 187 & 188 forms which will be verified by DAAS during the Annual
Audit. Additionally, establish audit ftles 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 fOIIll, and a copy of the 188 report
attached to source documents, Le. route sheets supporting meals reported on the CDA 188 fOIIll all of which will
be kept on ftle by month for annual review.
3. Report monthly expenditures to DAAS by the 5th working day of the month. Maintain support files including
but not limited to invoices, payroll, and other supporting documents, all of which will be attached to a copy of
the expenditures report and kept on ftle by month for review during the Annual Audit.
4. Maintain records, by month, that support claimed in-kind expenditures.
5. By September 30, report expenditures funded with Deferred Income.
6. Develop and have on hand, for review by DAAS, a cost allocation plan which explains the methods used to
allocate costs between Congregate and Home-Delivered Meals or any other program funded by DAAS, such
as Home Repair, etc.
In the event additional funds become available, the provider will use the funds to increase the number of meals
being provided to elderly participants by either increasing the number of individuals attending its present sites,
or by opening new sites in communities not already served by the provider. Exceptions to this requirement, for
instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted
to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions
being imposed.
RES 96-252
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RES 96-252
CITY OF SAN BERNARDINO
EXHIBIT "B"
BUDGET SUMMARY
FY 1996-97
FYI 996-97
FUNDING
Expenditures:
Revenues:
Title III. Older Americans Act
C-I
C-2
$149.017
$0
$149.017
U.S. Department of Agriculture
C-I
C-2
$51.384
$0
$51.384
TOTAL REVENUES
$200.40 I
$200.40 I
c\budgets\exhbit97. wk4
DUJ.lti~T SUMMARY"
, FOR
MO/YR Elm to MO/YR"
Cl DO c2D m sO m D 0 m FD VII aMBO VII ELD ABUSE 0 Other
Funding Match
EXPENDITURE CATEGORY Less Match Can rrKt'ld Total
1. PERSONNEL
2. STAFF TRAVEL
3. STAFF TRAINING
4. EQUIPMENT
5. CONSULTANTS
6. FOOD COST *
7. OlHERCOST
145,000
20,000
165,000
371
"
5,000
600
371
135,000
30,000
88,000
5,000
135,000
118,000
Total Expenditure
Less Match
Match Cash
Match In-kind
lESS FUNDING:
Non Match USDA
Non Match Cash
Non Match In-Kind
Program Income
Deferred Income
FEDERAL SHARE
315,971
108,000
423,971
.
""
108,000
108,000
51 384
'51,384
115,570
115,570
149,017
149,017
DATE OF SUBMISSION
06/06/96
PROVIDER NAME CITY OF SAN BERNARDINO PARKS,
RECREATION & COMMUNITY SERVICES DEPT.
dERNArlOINO COUNTY. OMS form 312.Revlsed 07121/95
INITIAL BUDGET ~
REVISED BUDGET D
Qcw~~~
RES 96-252
EXHIBIT C
San BErnardlno C:Jnty
CDA 217 (6/96)
DEe;rtment of Aglng and Adult Sff.lCES
CERTIFICATION REGARDING LOBBYING
CERTIF1CATION FOR CONTRACTS GRANTS lOANS AND rOOPFRATIV[ AGRFEMFNTS
The undersigred certifies, to the best of his or Iler knotiledge and bellef. that
(1) No federal appropriated funds have been paid or .nll 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 ln connection wlth the
awarding of any federal contract, the making of any federal grant, the making of
any federa 1 loan. the enteri ng 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 lnfluellce an officer or employee
of any agency, a Member of Congress. an offlcer or employee of Congress, or an
employee of a Member of Congress ln connectlon .nth thlS federal contract, grant.
loan. or cooperati ve agreement. the undersigned shall camp 1 ete and submi t
Standard Form-LLL. "Disclosure Form to Report Lobbying." ln accordance wlth its
instructions.
(3) The unc~rsigned shall require that the language of this certification be included
in the award documents for all subawards at all tlers (including subcontracts,
subgrants. and contracts under grants. loans, and cooperative agreements) and
that all subrecipients shall certify and disclosure accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. SubmiSSlon 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.
,
f7J~L~~~
STATE
[.
CONT
{h1~~.~~
AUTHORIZED SIG ATURE
J?--'M ( rh
TI E .
?~? Y-9b
DATE
JU;:; ~O-.l:J.l
. Budget In.- Kind Narrative
. Provide Infonnation regarding specific in-kind that will be used as match. Include site location, if
applicable, descriptions, rates and other relevant information. The total should eq,JaJ the amol.l'1t of
in-kind reported as match on your budget cisp/ay.
i.
I
'",' . -.'.,
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",.,' -', .' .. - . , ,
. DesCription..'
. '. ." Site~tion . . .' ~m.'."f6t~ih~'~J<irid;~atch
Accounting/Audits
Program Wide (1) 166.63
11) 166.67
Advertising
Program Wide
(1) 83.37
11) 83.33
(1) 83.37
11) 83.33
Legal Services
Program Wide
Repairs & Maintenance - Space
Program Wide
250.00
Repairs & Maintenance - Other
Program Wide
(1) 83.37
11) 83.33
Rent - Building Space
Main Kitchens Only (1)4,166.74
11)4,166.67
Utilities Main Kitchens Only
2,500.00
Personnel - (1) Senior Recreation Program Wide
Supervisor) Program Management
24.17
(827 hours)
(1.667.00
monthly)
(12 months)
TOTAL........ $9.000.00
-plle.lrylrpe olla-ti..: rut, YOIIa...er "rei.. etc.)
$ 2.000.00
1.000.00
1.000.00
3.000.00
1,000.00
50,000.00
30.000.00
20,000.00
$108,000.00
Name of Provider
Dam Submitted
CITY OF SAN BERNARDINO
SENIOR NUTRITION PROGRAM
S.. 8.,.,"10 eo"lJ
OMS ""'. - 332
09tr1/93
06-06-96