HomeMy WebLinkAbout1995-292
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RESOLUTION NO. 95-292
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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 DEPARTMENT OF
AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE
PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1996.
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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, 1995
through June 30, 1996.
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SECTION 2.
The authorization granted hereunder shall expire and be void and
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of no further effect if the agreement is not executed by both parties and returned to the office
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of the City Clerk within sixty (60) days following the effective date of the resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
regular
20 meeting thereof, held on the 7th
day of
August
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1995, by the following vote, to wit:
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7/31/95
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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 SAN BERNARDINO COUNTY
DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION
PROGRAM FOR THE PERIOD OF JULY 1, 1995 THROUGH JUNE 30, 1996.
COUNCIL MEMBERS AYES NAYS ABSTAIN
NEGRETE x
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CURLIN .....!..
HERNANDEZ --X..
OBERHELMAN x
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DEVLIN .....!..
POPE~LUDLUM x
MILLER x
ABSENT
/] /,
C/r~hc ('t,,- /'~/e..
Rachel Clark, City Clerk
glL
The foregoing resolution is hereby approved this
day of
Auqust
, 1995.
~72t~
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Tom Minor, Mayor
City of San Bernardino
21 Aproved as to form
and legal content:
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James F. Penman
23 City Attorney
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/Doc Resolution
ept of Aging 7/31/95
AFR:jj
-2-
(I
Inc. Cities-SB;
DAAS;
Senior Citizens;
Agree. 95-761
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
AUGUST 22, 1995
FROM:
MIKE DECKER, Director
Department of Aging and Ad\Jtt Servi,ces
SUBJECT:
CONTRACT FOR NUTRLTION SERVICES BETWEEN THE COUN1Y AND THE CI1Y OF SAN
BERNARDINO
RECOMMENDATION:
Approve contract between the County and the City of San Bernardino to provide nutrition services in the amount
of $212,346 from July 1, 1995, through June 30, 1996.
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 Tille 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 nutrition services to San Bernardino
and Highland.
REVIEW BY ADVISORY GROUP:
The Senior Affairs Commission 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
cc: DAAS-Mike Decker w/agree.
Contractor w/agreement
c/o DAAS
Auditor w/agreement
Contract Compliance
EHS-Pame11a Bennett
Risk Management
SSG
File w/agreement
Action of the Board of Supervisors
AGREEMENT NO. 95-761
APPROV F SUPERVISORS
CO RDINO
14-9507-000
Rev. 10181
mll
OARD
MOTION
MOVE
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ITEM 31e
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FOR COUNTY USE ONL Y
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I E ~ New Vendor Code Dept. Contract Number
M ~ Change SC A 75-7t. /
X Cancel
County Department DEPARTMENT OF Dept. Orgn. Contractor's License No.
i
I AGING AND ADULT SERVICES
I County Department Contract Remesentati'Je
I '
MIKE DECKER DIRECTOR
Fund I Dept. Organizatlon
SBG OOA OOA
Commodity Code
OOA OOA
Ph. Ex!.
County of San Bernardino
387-2400
Obj/Rev Source
2445
,- AmolJnt of Contract
212 346
Activity GRC/PROJ/JOB Number
FAS
STANDARD CONTRACT
Project Name
NUTRITION FOR
SENIORS
Estimated Payment Total by Fiscal Year
FY Amount 1;0 FY Amount
96 $212,346
110
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
hereinafter called
CONTRACTOR
Address
547 N. SIERRA WAY
SAN BERNARDINO, CA 92401-1211
Phone Birth Date
(909) 387-5231
Federal JD No. or Social Securit'I 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 satisfactor'y" performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
THIS AGREEMENT is entered into on the 1st day of July, 1995, 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
contained herein, DAAS and the Contractor agree as
promises
follows:
and
covenants
02-1'l311-000F4ev_ 11/91
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.r.,
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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 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. Contributions/donations made by older persons
are considered program income.
C. "General Program Income" refers to meal income received in the form
of contributions/donations made by the elderly for services rendered.
D. "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).
E. "Non-expendable Personal Property refers to 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, 1995 and
terminate on the 30th day of June, 1996.
ARTICLE III.
FISCAL AND PROGRAM PROVISIONS
A. COMPENSATION
1 . Maximum Funds Available
The maximum amount of funds available under this agreement shall be
$212,346, and shall be subject to availability of funds from CDA.
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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. The monthly disbursement is not to
exceed one-eleventh of the balance of the appropriated funds without written
justification for reimbursement to exceed one-eleventh. 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 PROGRAM INCOME
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.
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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
minimum of $17,464, 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.
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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.
a. Services of volunteers shall be valued at rates
consistent with those ordinarily paid for similar work by the Contractor. If
the Contractor does not have similar work, the rate shall be consistent with
those in the labor market. In either case, a reasonable amount of employee
benefits may be included.
b. All other in-kind contributions shall be valued at
current market value.
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-128, 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
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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.par~s:
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.
5. Audit must also include:
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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.
total number of meals served by the contractor
counts 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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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 REVXSXONS
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.
ARTXCLE XV.
MONXTORXNG, 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
moni toring, assessment and evaluation process.
program and/or 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. XNSPECTXONS
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) .
ARTXCLE V.
XNDEMlUFXCATXON AND XNSURANCE
A. Contractor agrees to indemnify, defend and hold harmless the County
and its agents, officers, volunteers and employees from any and all claims,
actions, losses, damages, and/or liability arising out of this contract from
any cause whatsoever, including the acts, errors, or omissions of any person,
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except where such indemnification is prohibited by law, and for any costs or
expenses incurred by the County on account of any claim therefore.
B.
addition
contract
without in any way affecting the indemnity herein provided, and in
thereto, the Contractor shall secure and maintain throughout the
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 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).
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 employees, agents, volunteers and
officers as additional named insured 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, volunteers,
employees, 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.
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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
receipt.
ARTICLE 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
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.
Page 10 of 24
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.
ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE
A. PERFORMANCE STANDARDS AND pnnmIES
If for any reason the Contractor's service 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. EARLY TERMINATION
DAAS 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.
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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. 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).
3. 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.
4. Contractor shall complete a written work performance
evaluation annually on all paid and volunteer staff.
5. Contractor shall insure all paid and volunteer staff read and
sign a certification of understanding of the Adult Abuse Reporting Act.
6. Contractor shall provide the County with photocopies of all
inspection reports or certificates immediately.
B. SERVICES TO BE PROVIDED
Provide all program services and perform all activities identified
in Attachment A to this Agreement for Fiscal Year July 1, 1995 through June
30, 1996.
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 B, B-1
and B-2 for East Valley and B-1 and B-2 for Desert, 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.
l.
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.
Page 12 of 24
3. Contractor is to serve hot or other appropriate meals at least
once daily, five or more days per week.
4. Food shall be prepared in sufficient quantities to serve all
participants. Careful planning shall minimize leftover food and prevent waste.
5. Correct and consistent portions shall be served to all
participants.
6. Appropriate food containers and utensils for blind and
handicapped participants shall be available on request.
7. All participants are to be permitted to eat 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.
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
1l.
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:
Page 13 of 24
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 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 hiS/her 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.
Page 14 of 24
~
25. 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.
C. LICENSE & STANDARDS
Where the State or local public jurisdiction within the State
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 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 the County and such conflict may be grounds for termination of the
agreement.
F. 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.
G. 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-
Page 15 of 24
~ ,
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.
H. 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.
I . TRAINING AND MANPOWER DEVELOPMENT
The Contractor agrees to participate in appropriate staff training
and development provided by DAAS, the CDA and the Administration on Aging.
J. 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.
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.
Page 16 of 24
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 and/or State and the Contractor is
advised in writing of the resolution.
4. Adequate source docum!3ntat;ion 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)
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
II I funds.
d. Allowable Costs (CDA PM, Section G, Paragraph 93.31)
OMB Circular A-122, "Cost Principles for Non-Profit
Organizations" shall be used as a guide for determining allowable costs.
Page 17 of 24
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.
K.
REPORTS
require,
requested
and other
1. Contractor, at such times and in such forms as DAAS may
shall furnish statements, records, reports data and information
by DAAS pertaining to Contractor performance of services hereunder
matters covered by this Agreement.
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
Report/Request for Reimbursement
Expenditure
2) Semi-annually
. Budget Revision #1 (Due November 1)
. Budget Revision #2 (Due March 31)
3) Annually
. Financial Close-out Report (Due August 1)
.
Periodic Inventory
Closeout)
(Due
August 1 with
. Audit Report (Due October 31)
. Revised Financial Close-out Report (Due October
31 with Audit Report)
Page 18 of 24
b. Program Reporting
1) Monthly (Due by the 5th working day of each month)
. III B Monthly Supportive Services Report
. III Cl,.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.
L. PROPERTY MANAGEMENT
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
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.
Page 19 of 24
~~:
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 received
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.
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.
M.
mailing
change.
Contractor shall notify the County, in writing, of any change in
address and/or physical location within (10) days of the address
N. 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 XI.
GENERAL PROVISIONS
A. This Agreement has no force or effect until signed by both parties.
Page 20 of 24
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.
Program,
Business
1 . The San Bernardino County
Policy 11-15, Minority Business
Enterprise (WEE) 5%.
Affirmative Action Compliance
Enterprise (MBE) 15% and Women
2. 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 IV, as amended, Section 402. (38 USCA 2021-2027).
3. Rehabilitation Act of 1973, as amended (handicapped) Pub. L.
93-112, as amended.
4. California Fair Employment and Housing Act, Government Code
Section 12900 et. seg.
5. 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.)
6. Drug-Free Workplace Act of 1990.
Page 21 of 24
,,~
7. Title III Program Martual for Area Agencies On Aging
8. 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) .
9. 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).
10. Provisions Against Lobbying
The following statutory provision (part of Sec. 407 of Pub. L.
95-480, 92 Stat. 1589) has applied to all Health and Human Services (HHS)
appropriations beginning with those for Fiscal Year 1979 and is likely to
continue to apply to any future appropriations.
WNo part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract or contract
recipient or agent acting for such recipient to engage in any activity
designed to influence legislation or appropriation pending before the
Congress.w
This means that the cost of attempting to influence legislation
pending before Congress may not be charged either a direct or indirect costs
to any HHS grant awarded from funds subject to the provision. Attempting to
influence legislation is commonly called lobbying.
This notice concerns only the charging of certain costs to
Older Americans Act grants (OAA) including the matching share. Nothing in this
notice is intended in any way to inhibit or discourage any part from
exercising its lawful rights to attempt to influence legislation pending
before Congress as long as the costs are not charged to an OAA grant.
11. 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 22 of 24
r
12. 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
and/or 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 23 of 24
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 24 pages, Attachments consisting of a
5 page Work Plan and Exhibits A-Is, B through B-2s 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.
COUN~S'::":;:"::RDINO
~ ~..-.. ~_~.J ~_j~
Chairman, Board of Supervisors
CITY OF SAN BERNARDINO
(St if corporation, company, etc.)
SIGNED AND C
DOCUMENT HA
OF THE BOARD.
Clerk of the Bo
Bernardino.
By ~
(Author.zed Signature)
fJ---y>7"s
/)A/1; ffdV'
~
Y OF THIS
CHAIRMAN
Dated
Title
nty of San
Address
547 N SIERRA WAY
SAN BERNARDINO CA 92401-1211
By
APprov::z L~gar ~orm
. ~#{#a.' _/
-----COun y ounsel ~ <
Date q;//Jf"'
Reviewed for Processing
Date
~
Agency Administrator/CAD
Date
02-'231'.000 Rev. '1'91
Page 24
of
24
".
Attachment A page 1 of 5
Work Plan
City of San Bernardino
FY 95-96
This work plan contains the measurable 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 Performance ReviewlFiscal Audit
and will be used to measure the providers efforts towards providing quality Nutrition Services.
L Program Descriptinn
A. Geographic Area/Clientele & Eligibility Criteria
I. The geographic area served by this contractor covers the community of San Bernardino City 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 volunteer regardless of age who volunteers hislher 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-elderly person who lives with an individual receiving Home-delivered Meals;
d. Handicapped or disabled individuals who live with the elderly client, and;
e. Any volunteer regardless of age who volunteers hislher time at a meal preparation site at least eight
hours per month.
B. Program Description
I. Purpose: Nutrition services are provided to ....ost older iudividuaIs to live independently by promoting better
health through improved nutrition and reduced isolation through a program coordinated with other
supportive services.
2. Definition: Nutrition services include the procurement, preparation, transport, and service of meals to older
persons at congregate sites or in their homes.
C. Intended Outcomes
I. Serve 375 Congregate meals per day that are nutritious, providing at least 1/3 of the minimum daily
reqnirernents, served in an enviromnent that is pleasant, safe and free from coercion at least 254 days per
year for a total of 95,423 meals per year at the sites listed in Exhibit A-I.
r, >_
^' .
Attachment A page 2 of 5
2. Provide Congregate meals to at least 376 unduplicated seniors of which 225 are minority low-income
seniors.
3. A Program Dietitian, meeting the requirements set forth within 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 before submission to the AAA Dietitian for fmal
approve and certification prior to use as specified within PM 9503 (P), 143.3 0,6. 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 within PM 95 03 (P), 145.11. Nutrition counseling shall be
provided to homebound and congregate participants as specified within PM 95 03 (P), 145.13.
4. Provide outreach in the community through a minimum of 12 presentations to community groups,
organizations, etc. and through door-to-door contact to new seniors of at least 254 presentations which
1~I'I~llls at least 254 hours of outreach activity, and is exclusive of the periodic home visits conducted by
the provider to their current participants homes. All outreach will be documented and kept on ftle for the
Annual Program Performance Review.
5. Conduct a client satisfaction survey at least once a year if not more often. The survey instrument must be
approved by a designated DAAS staff prior to its use, and all fmdings from the surveys must be used to
improve services. The returned swveys and the tabulated results must be kept on ftle for review by 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.
II. Service Delivery Activities
A. Staffing and Volunteers
Sufficient personnel shall be available to carry out the needs of the program. This includes a Project Director
and additional personnel as determined by the size of the service area and the method and level of service
provision needed to fully comply with the terms of this workplan and contract.
1. Paid Staff FTE o/oC1 o/oC2
a. Food Superviscr 11 1.00 100 0
b. Food Supervisor I 1.00 100 0
c. Food Worker II 1.00 100 0
d. 2 Food Worker I's 1.00 100 0
e. 8 Kitchen Helpers 4.00 100 0
f. 2 Drivers 1.00 100 0
g. 3 Recreation Leaders 1.13 100 0
h. Senior Recreation Supervisor .25 100 0
2. Volunteer Staff
a. Volunteers constitute individuals who work at least eight hours per-month without pay in the
performance of essential duties at a Congregate or Home-delivered kitchen.
b. Volunteers shall be recruited and used in all phases of services operations. Volunteers shall:
IJ'
ry-
Attachment A page 3 of 5
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
2. Business administration
3. Personnel and/or Human Resources Management, or Gerontology
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 onfile by September 30, 1995, and be available for review by DAAS staff.
In addition, annually evaluate the paid staff and volunteer's performance to determine hislher effectiveness,
skill development and understanding of the tasks they are assigned. Documentation of the annual
evaluations will be kept on me at the provider's main office for review by DAAS during the Annual
Program Performance Review.
2. All Project Directors and food service managers shall complete a minimum of 15 clock hours specifically
related to food service management, business administration, personnel, or personnel management. Proof
of completion will be documented and kept on tile for review by the Department during the Annual Program
Performance Review.
D. Service Locations
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
E. Menu Planning
I. Coordinate with the Department's 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.
Attachment A page 4 of 5
2. Develop menus that are reflective of the participants food eating habits. Particular attention shall be paid
to ethnic and regional foods which should be.served .t least once a week if not more often.
m. Otber Service Requirements
A. Meal Site Physical Set-up
I. Provide an attractive environment including but not limited to table 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 evacuation drills at least 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 into each Congregate site. No soliciting of any kind is
permitted on the premises during the lunch hours for services or goods promoted by businesses.
B. Donations and Confidentiality
I. Encourage seniors to donate by posting motivational signs, and by verbally reminding the participants about
the importance of their contributions. The Contractor will not in any way employ tactics which could be
viewed as coercion, embarrassing and/or obligatory to the meal being provided to the senior participant.
Tactics such as placing vohmteers to guard the collection boxes, having participants sign-in and pay before
a meal ticket is given, etc. are strictly prohibited by this work plan and contract. Further, no exchange of
money for the purpose of making change will be allowed at the collection box.
2. All contn"butions, including those for guest and staff meals, shall be used to increase the number of meals,
to facilitate access to nutrition services, and to provide other supportive services directly related to nutrition.
c. CoordmationActiwti~
1. If applicable, develop a fair and eqnitable policy and procedure for referring elderly participants to the
appropriate transportation provider for securing public transportation to and from nutrition sites and have
the policy fully in place by September 30.
2. Include the following statement on all advertising, brochures, posters, etc. "Funding for this service has been
provided by the San Bernardino County Department of Aging and Adult Services through a grant award
from the California Department of Aging".
3. Coordinate service with other county departments and local agencies by providing time for presentations
or special activities that promote a Community 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
1. Report all known or suspected cases of elderly abuse to DAAS Adult Protective Services or law
enforcement immediately or as soon as possible by telephone, and send a written report within two (2)
working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel
punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain
or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid
r; ,-
'"
Attachment A page 5 of 5
physical harm or mental suffering.
2. Report accurate mea\ 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 themea\ sign-in sheets supporting meals reported on the CDA 187 form, and a copy of the 188
report attached to source documents, i.e. route sheets supporting meals reported on the CDA 188 form all
of which will be kept on me by month for annual review.
3. Report monthly expenditures to DAAS by the 5th working day of the month. Maintain support mes
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 me 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 eqnipment, must be fully documented in
writing and submitted to the department for prior approval. Failure to abide by this work plan will
constitute just cause for sanctions being imposed.
~
",
CITY OF SAN BERNARDINO
EXHIBIT "B"
BUDGET SUMMARY
. .
FY 1995-96
FY 1995-96
FUNDING
EXPENDITURES:
S212.346
REVENUES:
Title III, Older Americans Act
C-1
C-2
$157,191
o
$157,191
U.S. Department of Agriculture
C-1
C-2
$ 55,155
o
$ 55,155
TOTAL REVENUES:
S212.346
r.l" . ".'
'.&-
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lli''''w@:''~@('''~''<('''""''''.' L""^''''''M'B'''~~iD, '_H%t"'o''''M;B'%^~'R rD'"'' """ " .,,,',, C', n""
~w~,,;'~'~'~"'~"'~""'<"~"""'~~~iff:::"":"'i:*,'<"'= ~~j{""+I~~"<:' . ~<N:;~:-;;: ';.7 '~' ~:I::) , ... . <.:_~ <,'" ,', ,',~< "'"".,
-:.....~ ~~,'''<"''~ ~ ~~:::"-,<<.~,":-.",,,~t::."t~~';.*~. '~w, ~I#j:.,.,:~~.~'*'___> ~~,'>.....;::,;>.......':...v~:v,_"'),... ~ f' ',~~" -M. ' ~ ~"",, ';.~}~$:;<< ~,~~: ""1~'j;. ',' ,~~'~::' X~
.w.~"~~~~ti.~~'t~~~,,~~~%-\i"l;~~~~~~,, ~:~~~gflm:~~.<<'~,~~ ~~.<<~~, ~~:tfd~~~Zk~x~'~~h ~,,: . ~,,;:: >.':>"'~.~';":::-...~~'?"~"...~tt::.:"';.~~t;k~*~~~-:. ";j;>s,-< <<~:: .~;~~.'1.i: :.. :.;
~~~~"$..~'&,':t..;;~ltt~~~.;~<t:~~*_' ~~~~*":~.;;.~>..-d';;::....~~..-<<-.~1;~~:?:.\.~~~y....~-{;.~~--.~~W'<<~.,.;;~Th....'"'':.;.;:;~~
Clm
C20 m BO m D 0 m FO vn OMBO vn ELD ABUSE 0 Other
Funding Match
Less Match Cash h-Khd
Total
Expenditure Category
1. PERSONNEL
2. STAFF TRAVEL
3. STAFF TRAINING
4. EQUIPMENT
5. CONSULTANTS
6. FOOD COST *
7. OTHER COST
156,305
17 , 968 . 00
174,273
600
600
200
200
-0-
:":';01,,;,
5,000
.5,000
141,791
32,500
88,000
141,791
120,500
Total Expenditure
T FSS FUNDING:
Non Match USDA
Non Match Cash
Non Match In-Kind
9~, 1~jProgram Income
336,396
105,968
442,364
55,155
55,155
124,050
124,050.
FEDERAL SHARE
157,191
157,191
DATE OF SUBMISSION
PROVIDER NAME
6/5/95
CITY OF SAN BERNARDINO NUTRITION PROGRAM
INITIAL BUDGET D
REVISED BUDGET D
SAN BERNARDINO COUNTY-DAAS Fam 312-Rev1sed 04/26/94
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