HomeMy WebLinkAbout1993-279
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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
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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