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HomeMy WebLinkAbout1993-279 " ... 1 RESOLUTION NO. 93-279 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 3 DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM DEPARTMENT OF AGING AND ADULT SERVICES FOR THE 4 SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1993 THROUGH JUNE 30, 1994. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Director of Parks, Recreation and 8 Community Services Department of the city of San 9 Bernardino is hereby authorized and directed to submit an 10 application to accept on behalf of City a grant from San 11 Bernardino County Office on Aging for the Senior 12 Nutrition Program for the period of July 1, 1993 through 13 June 30, 1994. 14 SECTION 2. The authorization granted hereunder 15 shall expire and be void and of no further effect if the 16 agreement is not executed by both parties and returned to 17 the office of the city Clerk within sixty (60) days 18 following the effective date of the resolution. 19 I HEREBY CERTIFY that the foregoing resolution was 20 duly adopted by the Mayor and Common Council of the City 21 of San Bernardino at a reqular meeting thereof, 22 held on the 2nd day of August 23 1993, by the following vote, to wit: 24 II 25 II 26 II 27 7/12/93 28 -l- RES 93-279 '. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 2 DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT 3 SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1993 THROUGH JUNE 30, 1994. 4 COUNCIL MEMBERS 5 NEGRETE 6 CURLIN 7 HERNANDEZ 8 OBERHELMAN 9 VACANT 10 POPE-LUDLUM 11 MILLER 12 13 14 AYES NAYS ABSTAIN AffiENI' x x x x x x J/7~ ~ Rachel Clark, City Clerk 15 16 17 18 19 The foregoing resolution is hereby approved this S-\'\\.) day of Auaust , 1993. --/'f'!mt')1tf~ Tom Minor, Mayor city of San Bernardino 20 Approved as to form and legal content: 21 26 ADM/Doc Resolution Dept of Aging 7/l2/93 27 AFR:jj -2- 28 . FOR COUNTY USE ONL Y .' '~ ~~ 'i~-J-1q \ "" :::c,li7 9 E New Vendor Code Dept. Contract Number M Change SC OOA A r3-?CJY X Cancel County Department DEPARTMENT OF Dept, Orgn. Contractor's License No. AGING AND ADULT SERVICES OOA OOA County Department Contract Representative Ph. Ext. Amount of Contract MIKE DECKER DIRECTOR. 387-2400 $l86 624 Fund I Dept. I Organization I: Appr. I Obj/Aev Source Activity I GRC/PROJ/JOB Number SBG OOA OOA 2445 Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 110 Project Name .2.L $186.624 - - - NUTRITION FOR - - - - SENIORS - - - - , County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinsfter called the County, and Name CITY OF SAN BERNARDINO Address hereinafter called CONTRACTOR 547 N. SIERRA WAY SAN BERNARDINO, CA 92401-12l1 Phone Birth Date (909) 384-5231 Federal 10 No. or Social Security No. 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) THIS AGREEMENT, is entered into on the lst day of July, 1993, 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 funds to DAAS for the purpose of funds pursuant to said act; and for and activities for the elderly; and Department of Aging (CDA) has allocated administering a certain portion of said the purpose of planning service programs 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 contained herein, DAAS and the Contractor the mutual promises agree as follows: and covenants 02.12311.000 Aev. 11191 Paga 1 of 20 RES 93-279 , 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 3l, 1980 (CFR, Chapter 8, Subchapter C, Par 1321). Pertinent parts of 45 CFR Sub-title ,A, P,art 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. the form of rendered. "General Program Income" refers contributions/donations made by to meal income received in the elderly for services 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, 1993 and terminate on the 30th day of June, 1994. ARTICLE III. FISCAL AND PROGRAM PROVISIONS A. COMPENSATION 1. Maximum Funds Availble The maximum amount of funds available under this agreement shall be $ 186,624 , and shall be subject to availability of funds from CDA. 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 Page 2 of 20 RES 93-279 month'? expenditures as reported in the monthly expense report and the cash- on-hand identified in the Monthly Request for Funds report. USDA funds w.ill be paid at the prevailing rate for each reimbursable meal served, and reimbursed to contractor as funds become available. 3. Expenditure of Funds a. Contractor shall expend all funds received hereunder in accordance with this Agreement. b. DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS 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. of revised independent b. Contractor must fiscal/contract year-end audit. return any unspent funds with submittal financial closeout reports, based on 5. Accountabili ty 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. 2. General program income will be used a) to increase the number of meals 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-l 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 fiscal/contract 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 Contractor monthly expense reports as spent, within the first quarter of the new fiscal/contract year. Page 3 of 20 JU:S 93-279 b. When the amount of the deferred income is determined through the audit, Contractor shall revise the deferred income figure, Previously reported in expense reports, by adjusting the following month's expense report and shall submit a new budget reflecting the revision. c. Deferred income will be used for general program expendi tures, a) to increase the number or meals served by a project, b) to facilitate access to such meals, and c) to provide supportive services directly related to nutrition. Deferred income will be used within the program in which it was earned. C. MATCHING CONTRIBUTIONS The Contractor will provide in-kind matching contributions of $ 14.826 ; which is the Title III portion of the contract multiplied by ll.ll%. 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. 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 l. required by the submitted to the: Contractor will arrange for an audit to be performed as Single Audit Act of 1984, Public Law 98-502 and a copy Department of Aging and Adult Services 686 E. Mill Street San Bernardino, CA 92415-0640 Page 4 of 20 RES 93-279 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 Off ice of Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and other Non- profit 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 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, along with the auditor's opinion on the financial statements; b. A report on the entity-wide internal control systems based on the auditor I 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 \<lere tested (including program income) for compliance and negative assurance for those items not tested. These requirements may be met by the following: applicable Supplement; to i. federal A report on compliance with general requirements programs drawn from the relevant OMB Compliance ii. An opinion on compliance with specific requirements applicable to each major program (major program refers to Congregate Meals, Cl; Home Delivered Meals, C2; 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]; Page 5 of 20 RES 93-279 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 findiI).gs (,if not included in the internal control or compliance reports; a management letter; separate communication of nonmaterial findings relative to federal programs. 5. Contractor will select a certified public accountant from the list of approved auditors published by the Auditor-Controller of the County of San Bernardino. Once an auditor has been decided upon, the Contractor will coordinate efforts to receive final approval from DAAS prior to hire. 6. 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. 7. 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. 8. The cost of audits performed pursuant to Public Law 98- 502 shall be charged to the Contractor, in accordance with Public Law 98- 502 and OMB Circular A-128 or A-133, as appropriate. 9. All audits shall be performed in accordance with and address all issues contained in any OMB Compliance Supplement that applies to this program. 10. Audits to be performed shall be financial and program compliance audits. 11. Contractor \'lill assist and comply with audit resolution requirements as required by DAAS. 12. and audit of the under this Grant. The Contractor agrees to be subject to the examination County for a period of three (3) years after final payment l3. The auditor of record, hired by the Contractor, shall prepare and file with the County, within 90 days after the termination or expiration of this Agreement, an independent audit of related expenditures during the term of this Agreement. Contractors must take appropriate action to correct instances of noncompliance with federal laws and regulations within six months after DAAS has received audit report. 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. Page 6 of 20 RES 93-279 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 pe;rformed 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 I 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 Contractors' employees and agents providing the service under this Agreement and recipients thereof. Contractor will ensure cooperation and shall attend all meetings mandated by DAAS. C. Contractor will cooperate fully in conducting any auditing, moni toring, assessment and evaluation process. This includes making any program and/or administrative staff (fiscal, etc.) available as a part of the process. D. INSPECTIONS Contractor shall make officials, its records and data with Agreement for inspection and audit. at any time, during normal business N 8). available to DAAS, State or Federal respect to all matters covered by this Said inspection and audit may be made hours (CDA PM, Part G, Section 93.21 ARTICLE V. INDEMNIFICATION AND INSURANCE A. Contractor agrees to indemnify, defend and hold harmless the County and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from Contractor I s acts, errors or omissions in performing services pursuant to this contract and for any costs or expenses incurred by the County on account of any claim therefor. B. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance issued by companies acceptable to the Risk Manager 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). Page 7 of 20 RES 93-279 3. Errors and Omissions Liability Insurance - Combined single limits of $l,OOO,OOO for bodily injury and property damage, or Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim and in the aggregate. C. ADDITIONAL HAMED INSURED All policies, except for the Workers' Compensation coverage and Errors and Omissions or Professional Liability, shall contain additional endorsements naming the County employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage the County shall be named as a designated person referencing this Agreement's contract number on the policy. D. WAIVER OF SUBROGATION RIGHTS coverage to volunteers, Contractors shall require the carriers of the above required waive all rights of subrogation against the County, its officers, employees, contractors and subcontractors. E. POLICIES PRIMARY AND NON-CONTRIBUTORY All policies required non-contributory with any insurance or administered by the County. above are to be primary and self-insurance programs carried or F. PROOF OF COVERAGE Contractor shall have their insurance agent/broker immediately furnish original certificates of insurance to DAAS evidencing the insurance coverage above required prior to the commencement of performance of services hereunder and shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the County. Wi thin 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 interest 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. Page 8 of 20 RES.93-279 Agreement or higher Contractor of receipt. 2. Any such reduction or waiver for the entire term of the and any change requiring additional types of insurance coverage coverage limits must be made by amendment to this Agreement. agrees to execute any such amendment wi thin thirty ( 30) days ARTICLE VI. LAWSUITS Contractor understands associated with lawsuits against California cannot be budgeted as by the Contractor. and agrees that any/all legal fees the Contractor, the County or State of a Contractor expense and shall be paid 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. ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE A. PERFORMANCE STANDARDS AND REMEDIES 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. Page 9 of 20 RES 93-279 ARTICLE IX. COUNTY RESPONSIBILITIES The County agrees to: A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Agreement and the quality and effectiveness of services provided based on the criteria as'determined by the County. B. Provide consultation and technical assistance in monitoring the terms of this Agreement. C. Approve an audit firm, selected by the Contractor, to conduct a fiscal and program audit as specified in Article III. D. Compensate Contractor for approved expenses in accordance with Article III of this Contract. ARTICLE X. CONTRACTOR RESPONSIBILITIES A. GENERAL RESPONSIBILITIES advising status. 1. Contractor must be incorporated and is responsible for the County of any actual or impending change in incorporation services. 2. Contractor is to promote coordination with other supportive 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 fire and health inspection reports and/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, 1993 through June 30, 1994. 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 and B-1 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. Page 10 of 20 RES 93-279 1. Contractor is to serve meals that are nutritious, safe, and of good quality. 2. Contractor is to promote and maintain high food safety and sanitation standards. 3. Contractor is to serve hot or other appropriate meals at least once daily, five or more days per week. 4. all participants. waste. Food shall be prepared in sufficient quantities to serve Careful planning shall minimize leftover food and prevent 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, preferences and special dietary needs of elderly persons. religious 10. meals are to be and comfortable. Contractor is to serve meals in an approved site. The served in a facility where elderly persons will be welcomed 11. The facility ventilation. The facility is to and sanitation regulations. is to maintain adequate meet all applicable health, lighting and fire, safety 12. Contractor is to provide restrooms that are clean, adequate and well-equipped. 13. Contractor is to provide tables and chairs that are sturdy and appropriate for elderly persons. Tables are to be arranged to assure a pleasant atmosphere and to encourage socialization. 14. Contractor shall provide a sufficient number of tables surrounded by adequate aisle space (3 feet, 8 inches) to allow for persons with canes, walkers, crutches, or wheelchairs to move with ease. 15. Contractor shall provide appropriate table settings. Disposable dinnerware shall be resistant to buckling, spillage, nonporous, sanitary, attractive, shall not melt, shall not bend, and shall not splinter during normal use. 16. Contractor is to provide for celebration of special occasions by participants. 17. Menus shall be approved by the County's nutritionist and shall comply with the following requirements: Page 11 of 20 RES 93-279 operations to DAAS Chart of Accounts. It is mandatory that using the categories of the Contractor report fiscal transactions detailed in the through 93.21) b. Internal Control (CDA PM, Section G, Paragraph 93.11 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 wi thin 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) OMB Circular A-122, "Cost Principles for Non-Profit Organizations" shall be used as a guide for determining allowable costs. 93.39) e. Source Documentation (CDA PM, Section G, Paragraph 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 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 management systems, as provided in the Title III Program Manual: 93.5a) a. Financial Reporting (CDA PM, Section G, Paragraph 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: Page 15 of 20 I RES 93-279 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 wi th 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. 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 documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the County under this Agreement. If the allowability 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. Page 14 of 20 RES 93-279 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 wi th 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 contract shall be Any contract change requires initiation in writing. Modification or amendment, as signed by both parties. of a change to the determined by DAAS, 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 98-459, 306 (a) (5) {Al (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 I 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 I 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. Page 13 of 20 RES 93-279 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 ~asy. 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 wi thin 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. frequently, the sources 20. Contractor shall provide semi-annual training depending on staff/volunteer/participant turnover, and prevention of foodborne illnesses. or more regarding 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 Referral Services for follow-up. 24. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. will have grievances must be in 25. Contractor shall provide a system through which seniors the opportunity to express and have considered their views, and complaints regarding the delivery of services. The procedure writing and made available to all recipients of services. Page 12 of 20 RES 93-279 1) Monthly (Due by 5th working day of the month.) o Monthly Expenditure Report o Monthly Report of Cash Flow and Request for Funds 2) Semi-annually' o Budget Revision #1 (Due November 1) o Budget Revision #2 (Due March 31) 3) Annually o Financial Close-out Report (Due August 10) o Periodic Inventory (Due August 10 with Closeout) o Audit Report (Due September 30) 30 with Audit Report) b. Program Reporting 1) Monthly (Due by the 5th working day of each month) o Revised Financial Close-out Report (Due September o III B Monthly Supportive Services Report o III Cl, C2 Monthly Nutrition Report 2) Quarterly o Program modification request in writing Contractor will describe, in detail, necessary program change (s) reason(s) for the requested modification. to DAAS, and the 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, 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. 2. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. The Contractor shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. Page 16 of 20 RES 93-279 3. 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. 4. reported to the fire department to DAAS. Loss by fire, vandalism or theft must be immediately fire department or police, as applicable. A copy of the or police report of the incident should also be forwarded 5. DAAS shall be notified of the loss wi thin seventy-two (72) hours of the discovery of the loss. 6. 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. a vehicle lettering, 7. to be signs, Once Contractor has salvaged, Contractor etc., are removed. received disposal authorization for shall ensure that all identifying 8. Prior to replacement of any property, Contractor must obtain written authorization from DAAS. 9. 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. lO. 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." M. Contractor shall notify the County, in writing, of any change in mailing address and/or physical location within (10) days of the address change. 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 parties. A. This Agreement has no force or effect until signed by both 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 new 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. Page 17 of 20 RES 93-279 D. Contractor understands and agrees that the contract shall be governed and construed in accordance with the Older Americans Act of 1965 as amended and with California State and Federal laws. 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 Affirmative Action Compliance Policy ll-l5, Minority Business Enterprise (MBE) 15% and Women Enterprise (WEE) 5%. 2. 1972 and 1974, as L-93-508, Title IV, Vietnam Era Veterans' Readjustment Assistance Acts amended. Pub. L. 92-540, Title V, Section 503 (a), as amended, Section 402. (38 USCA 2021-2027). of Pub. 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. seq. 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 (4l CFR, Part 60). (See Exhibit C.) 6. Drug-Free Workplace Act of 1990. 7. Title III Program Manual For Area Agencies on Aging 8. Grants in Excess of $100,000. Act as amended <33 USCA 1251, {40 CFR Part l5 Clean Air Act as amended (42 USCA 740l); Clean Water (33 1368); Federal Water Pollution Control Act as amended et. seq.); and Environmental Protection Agency Regulations and Executive Order l1738). Repair 9. Contractors Participating in Facility Construction or 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 (4l, CFR Part 60). Page 18 of 20 RJt:S 93-279 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. .No 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.. This means that the cost of attempting to legislation pending before Congress may not be charged either a indirect costs to any HHS grant awarded from funds subject to the Attempting to influence legislation is commonly called lobbying. influence direct or provision. 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 l2101. ) 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. 12. Elder and Dependent Adult Abuse Reporting Requirement instances Protection Contractor will ensure that all known of elder or dependent adult abuse are reported Services Staff. or suspected to DAAS Adult All DAAS Contractors are required to report known or suspected abuse or neglect under Chapter 11 of the Welfare and Institutions Code, Section 15630 which provides for mandatory reporting of abuse of elderly and dependent adults. "Abuse of an elder or a dependent adult" means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. Reporters shall report the instance of abuse either to the long- term care ombudsman coordinator or local law enforcement when the abuse is alleged to have occurred in a longterm care facility, or to either the County Adult Protective Services agency or to local law enforcement in all other instances, immediately or as soon as possible by telephone, and shall send a written report within two (2) working days. 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. Page 19 of 20 RES 93-279 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 amepded,. 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 shall be prohibited without the Director or his authorized agent. J. Binding Contract expressly authorized by this express written permission of agreement the DAAS In the event any invalid, the remaining portions binding contract. portion of this contract is shall continue to constitute found to be a valid and K. Religious Activity Prohibited Contractor agrees it will not perform or permit any religious activities in connection with the performance of this proselytizing Agreement. L. Entire Agreement This Agreement consisting of 20 pages, Attachments consisting of pages and Exhibits A-I. B through B-l 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. CITY OF SAN BERNARDINO (State if corporatio . company, etc,) 8:4, U~/l/ - Dated AUG ? 4 1993 By By A COPY OF THIS TO THE CHAIRMAN Dated Title e County of San Address 547 N. SIERRA WAY SAN BERNARDINO, CA 92401-1211 Reviewed for Processing Date Date '6-/(- ~ Agency Administrator/CAQ Date ~ County Counsel 021231'-000 Rev 11191 Page 20 of ~L RES 93-279 " II' e. · . ~ B P Ii) :!iHlil ~. HHI~I il~1 ~ Ilr'!I!1 ~lli ii 11:1 III!:, ~ . il slii., r !21~ ~ . 10 >>10 (X) ~1;lll !i \0 IllII Ill" If~ 1 11\ lr~f ~ l ... , I il ! ~ bL ~ 1 J ~ I fl ~ ~F If~~ I ~ &l~[ 1 1 f. 11 I I n ~ . 11 I ~ ill~ p ~ i1 ~ ~ . . I n1 11 · t""" J i ;;~~ 1 ! i lR I~ & I ~ ~ ~s fit ~1~1I\~ 1. 1 I f~!i I I I" I I I ,i ~ Ii!. I I . s. ,. ...... i< '.. > " .."" '" ;.... '...' .....[i f.... ......... ;.:>;,..'.11[...........,. ~ _ .... i .1 :'i ......... ii i i ;i... . r' ia ~ !3'~~~! ~ jl ~ _. B- ~ ~ l q ;:t. ;:; ~~.~~~OCN~(t >. ~i~II~I~ ~ ~ ~Ii Ii t3 (t 1>- r: '.S? ....~c ......-"".....1" o ~~ 00 .... 0 .. i=> ~ 1 i I ~ <Xl . ,g ':tt !. . . I 3 G I' . - n S~~~....N~O: :l~g- ~ lrl 8 ~ , i i ....~o ......r.:~~.s=rI!?O O<XJU'1l..O(X)Nr..... fC'~l . ~ NNNNNN.., N,,;,S a c..n t.n<.n Con c.n c.n ~ ~. <. ; g. N N N N N N .- .- ..c C5 ~ . . ... l i: .. 8 :;.~ . .. . s. . . "L ~ ______f--' -(!.i: !. . - - . w: .. ..Irl" : llM l~l : 3 ':S? q ..!'1,,5 . riMa "lil i ~liiDI . 1- l . i' 1 i I ,,~,-,,- :11.1M~ 8 1~.~ ;; .. . I. . I: il =r . J. = s . . .. . '" RES 93-279 . EXHIBIT "B" CITY OF SAN BERNARDINO BUDGET SUMMARY FY 1993-94 Expenditures: Revenues: Title III, Older Americans Act C-l C-2 U.S. Department of Agriculture C-l C-2 TOTAL REVENUES FY 1993-94 FUNDING $133,448 -0- $133,448 $ 53,176 -0- $ 53,176 $l86,624 $l86,624 " RES 93-279 /' ) ExhibitiB"h;t!:;iIDrn1rID~tID'iffi'.'>'.";."'.~rn1'rnlio/~~~....j;(;i;;.;i;i;i;;;"/ ,'_ . _' . .U '.. ""-"h:"_.~" "_' .' .-_.......-.-..,-..,.,.... -. , .- -.. c' 0 ., '..' v'_........,.... ..-," .,~.....".. .".",'" - -----""-.< ... .... ... .....ki.....'....,.\(...,' D . D. rlQ1./......>;. ~ '~~:s?" / .......,................,.;.;...,;;....;.;.......}..,............"...,.... i~_-~ Expenditure Category Fundin~ Mntrh Total Less Mo ch Cosh In-Kind 1 SALARIES AND WAGES 120.9 1 4 1 ?n01.1 2. PAYROLL TAXES 3. FRINGE BENEFITS .,1 11., 2 1 , 1 1 2 4. CONFERENCElTRAINING 5. LOCAL STAFF TRAVEL 1. 200 1, 200 6. EOUIPMENT - EXPENDABLE 1 8QA 1 898 7. EOUIPMENT - NON EXPENDABLE 8. RAW FlV'\n * 92 ,000xl . 391 3 1 28 000 4 200 1 32 200 0. CATERED FOOD * 1 0 ACCOUNTING/AUDITS 2 000 2 000 1 1 ADVERTISING ? nnn ? nnn 12 COUNSUL T ANTS/OUTSIDE SERVICES 13 CONSUMABLE SUPPLIES * 1 1 , 500 1 1 . 500 14 EOUIPMENT RENT At 1 5 INSURANCE 1 6 LEGAL SERVIC'''' ? 14<; ? 14<; 17 LINENS lie 3 500 3 500 18 MEMBERSHIP&SUBSCRIPTIONS 10 OTHER SUPPLIES 600 600 20 PRINTING 1 nnn Lnnn 21 PURCHASING lie 1 500 1 500 22 REPAIRS & MAINTENANCE SPACE 2 000 3 000 5 000 23 REPAIRS & MAINTENANCE OTHER 3 000 3.000 24 RENT/BUILDING SPACE 49 , 000 49 , 000 25 TAXES & LICENSES 1 800 1 Ano 26 TELEPHONE l?1ln 1 ?nn 27 UTILITIES 22-000 22.000 :>8 VFHICLF OP"RATlnN" 7 . 000 7,000 29 VOLUNTEER EXPENSE 2 . 000 Z,UUU 30 TOTAL EXPEN DITURE 306 . 224 86 , 345 392 , 569 FUNDING SOURCES LESS: PROJECT INCOME92 ,000 xl . 30 1 1 9 , 600 11!:I,bUU . ,,,,,,,. NnN.MATrw lI"nA 92 ,000x. 578 51 p'" 53,176 LESS: NON-M.UCH OTHER F E 0 E RA L S H A R E 1 33 . 448 86 . 345 2 1 9 , 793 . . Provider Name City of San Bernardino Contract , 92-855 SAN BERNARDINO COUNTY 00A Form 312 Revlud 0711ll1VO Date of Submission June 3. 1993