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HomeMy WebLinkAbout12-Parks & Rec CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION TO EXECUTE AMENDMENT NO. 6 TO THE SENIOR NUTRITION CONTRACT NO. 01-687 BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES FOR SENIOR NUTRITION SERVICES. MICC Meeting Date: May 3, 2004 Dept: Parks, Recreation and Community Services Depl. Date:April7,2004 ORiGiNAL Synopsis of Previous Council Action: June 3, 2002 - Mayor and Council approved Resolution 2002-152 authorizing the Department to apply for and administer the grant. Recommended Motion: Adopt Resolution p~ Signature Contact person: Aaliyah Harkley Phone: 384-5231 Supporting data attached: Staff reDO" rasa Contrad & amendment Ward: FUNDING REQUIREMENTS: Amount: NIA Source: (Accl. No.) (A"r.t n",,,,,,riptinn) Finance: Council Notes: ~<:,c ~2004- \\3 Agenda Item No. ~ sj 3J()l-J CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution to execute Amendment No.6 to the Senior Nutrition Contract No. 01-687 between the City of San Bernardino and County of San Bernardino Department of Aging and Adult Services for Senior Nutrition Services. Background: The Senior Nutrition Contract is an agreement between the City and the County for the City to provide Senior Nutrition Programs for the County of San Bernardino. These programs provide nourishing meals, nutritional education and counseling, companionship, for seniors 60 years or older. The Department has provided nutrition services to seniors for 26 years. Federal regulations have increased the audit requirement of aggregate federal awards from $300,000 to $500,000 per year; therefore, the County of San Bernardino has requested Amendment No. 6 to comply with this Federal requirement. There are no other changes to Contract No. 01-687. Attached is the original agreement with the County of San Bernardino Department of Aging and Adult Services. . Financial Impact: None Recommendation: Adopt Resolution. . "..' <UNIY~ HlMANSt:RWBlMIEIII , ~ fIDMANSERVICES SYSTEM JOlIN F. MICHAELSON Assistant County Administrator July 18,2001 Reply 10: iii Administrative Office I SO South Lena Road San Bernardino CA 92415-0515 Attn: Ginny Lloyd City of San Bernardino 547 N. Sierra Ave San Bernardino, CA 92410-4816 RE: Board of Supervisors Approved Senior Nutrition Program Contract - Fiscal Year 2001-2002 Enclosed is your copy of the Board approved Contract number 01-687 to provide senior nutrition services to San Bernardino County seniors for Fiscal Year 2001-2002. The term of the contract is July 1,2001 to June 30, 2002. -. I will be serving as the contract representative for this contract. If you have any questions or require assistance, please feel free to contact me directly. Also, any notices pursuant to the contract should be sent to the address below. County of San Bernardino Human Services System - Building & Finance - Contract Administration 150 South Lena Road San Bernardino, CA 92415-0515 Attention: Jacki Baxter Additionally, 'according to the contract, any modification, change or addition to the scope of work or any other aspect of this contract must be executed via contract amendment. Any such amendment must first be submitted to this office for approval and usually requires prior approval from tI1tt-Ceunty Board of Supervisors. As such, please understand County staff does not have the authority to 'authorize any changes and any payment request based on an unauthorized revision will not be honored. Feel free to.call me at (909) 388-0259 if you have any questions or concerns. We would like to thank you again for helping the County serve its senior population. Sincerely, C::~~.J~-~ ~ Jacki B~ter Staff Analyst I Enclosure cc: DAAS File ,I REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION June 26, 2001 FROM: LINDA HAUGAN, Interim Director Department of Aging and Adult Services SUBJECT: CONTRACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR CONGREGATE AND HOME DELIVERED MEALS FOR SENIORS RECOMMENDATION: Approve contracts in the amount of $2,772,046 with the following agencies and the Department of Aging and Adult Services (DAAS) to provide congregate and home delivered meals to seniors from July 1, 2001 through June 30, 2002. (See Board direction .. below). Aaencv Bonnie Baker Senior Center City of Montclair City of San Bernardino Community Services Department Hi-Desert Meals on Wheels Oldtimers Foundatioii-' Total FY 01/02 Contract Amount $ 50,996 33,953 168,548 1,151,265 559,311 807.973 $ 2,772,046 Contract Number 01-685 01-686 01-687 01-688 01-689 01-690 BACKGROUND: On March 22, 1972, President Richard Nixon signed into law the Nutrition Program for the Elderly Act, establishing the Senior Nutrition Programs, as part of the Older Americans Act (OAA). This legislation created the congregate and home-delivered nutrition programs for seniors. Since 1978, OMS has administered OAA Title III funds, to provide Senior Nutrition Programs for the County of San Bemardino. These programs provide nourishing meals, in addition to, nutritional education and counseling, companionship, and long term care protections to people 60 years or older, and their spouses. On February 13, 2001, the Board of Supervisors approved a Request for Application (RFA) to solicit agencies to operate congregate and home-delivered nutrition programs throughout the County of San Bernardino. The RFA was advertised in twelve newspapers, and mailed to 118 agencies. To maximize the outreach effort to potential applicants, three applicant conferences were held throughout the County, in Barstow, Yucca Valley and San Bemardino. A total of nine applications were received from the agencies listed below: 1. Asian-American Resource Center 2. Bonnie Baker Senior Club 3. Community Services Department cc: OMS-Haugan HSS/Bldgs & Finance-Jacki Baxter w/agrees. Contractors w/agrees. c/o DAAS Auditor w/agrees. SBD w/agrees. Co. Counsel-Luke CAO-Morris HSS File w/agrees. nh 14-9507.Q0 Rev. 01196 4. City of Montclair 5. City of San Bemardino 6. Fort Mojave Indian Tribe 7. Hi-Desert Meals on Wheels 8. Hinkley Senior Citizens Club 9. Oldtimers Foundation Page 1 of 3 MOVE 5 MOTION ARD BY " ITEM 148 CONTAACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR CONGREGATE AND HOME DELIVERED MEALS FOR SENIORS June 19, 2001 Page 2 of2 An evaluation of the applications was conducted by an evaluation team that included representatives of HSS-Contract Administration, DMS, HSS-Special Projects, and HSS Auditing. Applications were evaluated on organizational information, project objectives, project description, fiscal management systems and budgetary information. Because the OM requires programs to target rural, low-income, and/or ethnic seniors, the geographic area of service and target populations of each application were also considered during the final award process. Based on these criteria, each agency submitting an application was recommended for award. However, due to limited Title III resources, DMS was unable to fund the applications at the levels requested. The Title III recommended funding award was based on the current number of meals served in each agency's service area. The table below details each agency's Title III request and the actual FY01/02 Title III awards. Four of the agencies recommended to' receive Title III awards have also been recommended to received a one-time-only County Re-alignment Fund augmentation to bring the FY01/02 funding level to within a less than 5% decrease from last years funding level in each agency's service area. In addition to the Title III and County Realignment Funds, two additional funding sources come together to determine the total contract award. First, DMS has assisted interested contractors in applying for Community Development Block Grants (CDBG) from various Cities and agencies to provide additional funding to the nutrition program. Four contractors have been awarded CDBG funds for FY01/02. Finally, each agency providing meals for the Senior Nutrition Program is eligible for a $.53 per-senior-meal-served reimbursement from the United States Department of Agriculture (USDA). USDA funds are incorporated into the contracts based on the number of contracted meals to be served. The table below details the various funding sources and award amounts for each Senior Nutrition Program provider: FY01/02 Senior Nutrition Service Fundino Actual County Total FY01/02 Re- FY01/02 Title III Title III alignment CDBG USDA Contract Aoencv Reouest Award Funds Funds Funds Amount Bonnie Baker Senior $ 49,775 $ 32,862 $ 4,171 $ 7,500 $ 6,463 $ 50,996 Club Citv of Montclair 31596 25,876 - - 8077 33,953 Citv of San Bernardino 197511 120,226 16,230 - 32 092 168,548 Community Services 962,454 865,571 - 29,200 256,494 1,151,265 Decartment Hi-Desert Meals on 464,681 383,688 - 30,800 144,823 559,311 Wheels, Inc. Oldtimers Foundation 702715 609,732 69,509 - 128,732 807,973 Contract Subtotal 2,408,732 2 037.955 89910 67.500 576.681 2 772 046 Asian-American 161,979 9,771 - - 477 10,248 Resource Center" Fort Mojave Indian 22,878 16,168 1,003 - 5,158 22,329 Tribe" Hinkley Senior Citizens 5,292 8,343 - 10,000 2,671 21,014 Club Inc." Purchase Order 190,149 34,282 1,003 10,000 8,306 53,591 Subtotal Total $2,598.881 $2 072 237 $90,913 $77.500 $ 584,987 $2.825.637 "Due to Total Award being less than $25,000, these 3 agencies will be awarded purchase orders rather than contracts. JUNE 26, 2001 ITEM 148 CONTRACTS WITH SENIOR NUTRITION SERVICE PROVIDERS FOR CONGREGATE AND HOME DELIVERED MEALS FOR SENIORS , June 19, 2001 Page 3 of 3 Contract performance for these contracts will be measured and monitored by reviewing monthly program and financial reports and semi-annual site visits performed by HSS-Contract Administration and DAAS staff to review contract compliance, fiscal and program elements. Approval of these contract will benefit seniors 60 years of age or older and their spouses by providing a total of 493,000 congregate and 595,000 home-delivered meals, nutritional education and counseling, companionship and long term care protections, throughout the County of San Bernardino. REVIEW BY OTHERS: This item has been reviewed and approved by the Senior Affairs Commission, County Counsel (Fiona Luke), and the HSS Contract Compliance (Tanya Bratton). This item has also been reviewed by the County Administrative Office, Gary Morris, Administrative Analyst. FINANCIAL IMPACT: Appropriations and revenues of $2,825,637 were included in DAAS' FY01/02 Budget to meet the cost of these Contracts. Four of these contracts include county realignment funds, for a total local cost of $90,913. The remaining $2,734,724, is funded by State and Federal funds. SUPERVISORIAL DISTRICTS: All. PRESENTER: Linda Haugan, Interim Director, Department of Aging and Adult Services. -, ..Staff is directed to work with the Oldtimer's Foundation to develop a solution to keeping the Bloomington and Fontana sites open. JUNE 26, 2001 ITEM 148 ~ E 2\. New Vendor Code Dept. Contract Number M - Chenge SC A C I -G/?'7 X Cancel DAAS County Department Depl. County. Contracto(s Ucense No. Deoartment of ADino & AduK Services County Department Contract Representative PH. Ext. Amount of Contract Jacki Baxter 388-0259 $168,548 Fund I Depl. I Organization I APR. I ObilRev Source Activity I GRClPRO/JOB Number SBG OOA OOA 200 2445 Commodity Code Estimated Payment Total by Fiscal Year FY Amount lID FY Amount 110 Project Name 01102 $168,548 -L - Nutrition for Seniors - - - - FOR COUNTY USE ONLY UNENCUMBERED County of San Bernardino FAS STANDARD CONTRACT rHIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, lereinafter called the .County," and lame ;ity of San Bernardino .ddress )47 N. Sierra Way ;an Bernardino, CA 92410-4816 'hone Birth Date hereinafter called 'Contractor" '~ 109 384-5030 ederaJ ID No. or Social5ecurity No. 15-60000772 r IS HEREBY AGREED AS FOLLOWS: -his Contract is entered into on the first day of July, 2001 (the .Contract"), by and between the County Icting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services "DMS") and Contractor. VHEREAS, the Older Americans Act of 1965 (the "Older Americans Act") as amended, provides for Issistance to state and local agencies to develop nutrition and social supportive services to meet the leeds of the elderly; and VHEREAS, the California Department of Aging ("CDA") has allocated funds to DAAS for the purpose of Idministering a certain portion of said funds pursuant to the Older Americans Act; and for the purpose of Ilanning service programs and activities for the elderly; and VHEREAS, DAAS desires to use CDA monies to fund a program providing food services to the elderly, the "Nutrition Program"), and Contractor desires to operate and execute the Nutrition Program to the !Iderly (the "participants"); and VHEREAS, County desires the Nutrition Program be operated by Contractor and Contractor agrees to Iperate the Nutrition Program according to the specific terms and conditions provided by the Contract. lOW THEREFORE, in consideration of the mutual promises contained herein, County and Contractor 1utually agree to the following terms and conditions: Page 1 of 26 TABLE OF CONTENTS I. DEFINITIONS ...................................................................................................................................3 II. CONTRACTOR SERVICE RESPONSIBILITIES ..............................................................................4 III. CONTRACTOR GENERAL RESPONSIBILITIES ..........................................................................11 IV. COUNTY RESPONSiBILITIES.......................................................................................................18 V. FISCAL PROViSiONS....................................................................................................................18 VI. RIGHT TO MONITOR AND AUDIT......................................................................................................21 VII. CORRECTION OF PERFORMANCE DEFICIENCIES........................................................................23 VIII. TERM ...................................................................................................................................................24 IX. EARLY TERMINA TlON...:::::...............................................................................................................25 X. GENERAL PROViSiONS.....................................................................................................................25 XI. CONCLUSION .....................................................................................................................................26 ATTACHMENT A - WORK PLAN EXHIBIT B EXHIBIT B-1 EXHIBIT B-2 ATTACHMENT C - CERTIFICATION REGARDING LOBBYING ATTACHMENT D - ASSURANCE OF COMPLIANCE Page 2 of 26 I.. 'I?EFINI;nONS A. "Cash Match" refers to cash, other than program income, contributed to the project from local or state funds. With the exception of Community Development Block Grants rCDBG"), Federal funds cannot be used as cash match. B. "CDA" refers to the California Department of Aging. C. "COA PM" refers to the Title /1/ Program Manual for Area Agencies on Aging. This manual is based on Federal Regulations for Title III published March 31, 1980 (CRF, Chapter 8, Subchapter C, Part 1321), and pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980. D. "CCR" refers to the California Code of Regulations. E. "CFR" refers to the Code of Federal Regulations. F. "Contract" refers to the coversheet, the terms and conditions, work plan, budget display, budget summary, exhibits, attachments, addendums, and amendments, unless otherwise specified. G. "Contractor" refers to the entity to which funds are awarded under this Contract and which is accountable to DAAS for use of these funds and is responsible for executing its provision and services."-. H. "OAAS" refers to the County of San Bernardino, Department of Aging and Adult Services. I. "Elderly" refers to any individual who is sixty (60) years of age or older. J. "General Program Income" refers to meal income received in the form of contributions or donations made by the elderly for services rendered under this Contract. K. "HSS" refers to the County of San Bernardino, Human Services System. L. "In-Kind Contributions" refer to property, equipment, services (e.g. volunteer services) and supplies benefiting a CDA Program Manual supported program or activity contributed by non- federal third parties without charge to the Contractor. M. The Older Americans Act provides comprehensive, coordinated, community-based systems of service to persons age 60 and older to enable them to maintain health, personal dignity, and independence. N. "OMB" refers to the Office of Management and Budget. O. "Non-Expendable Personal Property" refers to tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. P. "Program Income" refers to any income earned by Contractor during the term of the Contract 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 the sale of tangible or real property; . Proceeds from the sale of equipment and/or supplies acquired for use; . Usage or rental fees; . Interest; . Patent or copyright royalties; . Contributions or donations made by the elderly are considered program income. Page 3 of 26 . ',0.' R. S. T. U. V. , ,"Reimbursable Item" also means "allowable cost" and "compensable item". "Senior Information and Assistance Services" refers to the Senior Information and Assistance Services program provided through OMS. "State" refers to the State of Califomia. "Title III" refers to Title III of the Older Americans Act "USC" refers to the United States Code. "W & I" refers to the Welfare and Institutions Code. iI. CONTRACTOR SERVICE RESPONSIBILITIES A. Contractor shall provide all program services and perform all activities identified in Attachment A to this Contract. B. Contractor shall, in a satisfactory manner, as determined by OMS, conduct, administer and provide the Nutrition Program for the elderly as defined in the Work Plan (Attachment A), Program Budget, (Exhibit B, B-1 and B-2), and Certification Regarding Lobbying (Attachment C), and Assurance of Compli8nee with the San Bernardino County Welfare Department (Attachment D) which are attached hereto and incorporated herein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this Contract as those fully set forth herein. 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 (5) or more days per week. 4. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize leftover food and prevent waste. 5. Correct and consistent portions shall be served to all participants. 6. Appropriate food containers and utensils for blind and handicapped participants shall be available on request. 7. All participants are to be permitted to eat in a leisurely fashion. 8. Meals are to be served in a courteous and friendly manner. 9. Contractor shall consider the cultural, religious preferences and special dietary needs of the participants. 10. Contractor is to serve meals at an approved site. The meals are to be served in a facility where the participants will be welcomed and comfortable. 11. The facility is to maintain adequate lighting and ventilation. The facility is to meet all applicable health, fire, safety, and sanitation regulations. 12. ' Contractor is to provide restrooms that are clean, adequate, and well equipped. Page 4 of 26 , . ~3. Contractor is to provide tables and chairs that are sturdy and appropriate for the participants. 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 (a minimum width of 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, and 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 OMS nutritionist and shall comply with the following requirements: a. Menus shall be planned for a minimum of four weeks in advance. b. Menus shall be posted weekly in a spot conspicuous to participants at each site, as well as in the preparation area. ..........~ c. Menus shall be easy to read and in the language of the participant group(s). d. Food items shall be varied within the week and menu cycle. Food items shall not be repeated two (2) days in a row or on the same day 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 seasonal availability of foods. f. The restricted use of carbohydrate foods, salt, and saturated fats shall be considered. 18. Contractor shall ensure the program director of the Nutrition Program ("Program Director") has completed a minimum of fifteen (15) semester units of instruction in food service sanitation. 19. Whenever two (2) or more persons manifest the symptoms of food borne illnesses within a similar time frame after consuming food served under the Nutrition Program, Contractor shall notify the local health authorities to initiate an investigation. Contractor shall immediately notify OMS within twenty-four (24) hours of such an occurrence. 20. Contractor shall provide semi-annual training, or more frequently, depending on staff/volunteer/participant turnover, regarding the source and prevention of food borne illnesses. 21. Contractor must provide each participant with a free and voluntary opportunity to contribute to the cost of the Nutrition Program. Contractor must protect the privacy of each participant with respect to hislher contribution and establish appropriate procedures to safeguard and account for all contributions. 22. Contractor must develop a suggested contribution schedule for services which considers the income ranges of elderly persons in the community. Suggested contribution schedule is to be approved by OMS. Page 5 of 26 , . . 23. Participants are to be screened by Contractor to determine if a need exists for other services and referred to Senior Information and Assistance Services for follow-up. 24. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. 25. Contractor shall provide a system through which participants shall have the opportunity to express and have considered their views, grievances, and complaints regarding the delivery of services. The procedure must be in writing and made available to all participants. 26. Contractor shall employ bilingual staff and/or volunteers within service areas where a language other than English is commonly spoken. 27. Contractor shall provide copies of the quarterly site monitoring reports to the DAAS nutritionist within 30 days of said monitoring. C. Contractor must be incorporated and is responsible for advising the County of any actual or impending change in its corporate status. D. Contractor is to promete coordination with other supportive services. Contractor agrees to cooperate with DAAS in its efforts toward developing a comprehensive and coordinated system of services for the elderly by participating in joint planning efforts and other activities mutually agreed upon to meet this goal. E. If the Contractor is a non-profit, private corporation, the following requirements shall be met: 1. Training in program requirements, agreements with DAAS and non-profit board responsibilities shall be provided to all board members. The training shall include but not be limited to: a. Corporate officers and board member's responsibilities as defined by state law and this Contract. . b. Contractor's responsibility for training and placement of assigned Senior Employment Program participants. 2. The Board of Directors shall be representative of the client population and geographic regions served by the Contractor. 3: Minutes of the meetings of the Board of Directors shall be accurately maintained and reflect adherence to corporate by-laws. F. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions. Written job descriptions for all paid and volunteer employees shall be maintained. G. Contractor is responsible for providing orientation and training for all paid and volunteer employee. Contractor shall insure training is provided at least quarterly for all personnel. The training shall include but not be limited to: 1. Material from CDA Policy Memo 95-03 (P) Section H, and the Hazard Analysis and Critical Control Point Program appropriate to each paid or volunteer employee. 2. The administrators of a volunteer program. Page 6 of 26 ~. The Senior Assistance Management System ("SAMS"). 4. The preparation and submission of reports mandated by law and this Contract. 5. Appropriate referrals to DAAS Senior Information and Assistance Program. 6. Employee training and placement responsibilities for assigned Senior Employment Program participants. H. Contractor agrees to participate in appropriate employee training and development provided by DAAS, the CDA and the Administration on Aging. I. Contractor shall complete a written work performance evaluation annually on all paid and volunteer employee. J. Contractor shall insure all paid and volunteer employees read and sign a certification of understanding of the Adult Abuse Reporting Act. K. Contractor shall provide the County with photocopies of all inspection reports or certificates immediately. L. In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in the event of disaster, Contractor shall maintain accurate lists of all participantswho are receiving home-delivered meals and/or other services due to impairments that render them at risk of serious injury or death. Contractor shall coordinate and report disaster services and issues with DAAS. M. Contractor shall conduct activities to target the elderly and low-income minority individuals for service. Activities shall include, but not be limited to, outreach and a written analysis of the Contractor's success in targeting services to the elderly and minority individuals within their service area. N. The Contractor understands that one of its responsibilities under this Contract is to ensure that preference shall be given to providing services to older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals. The term "greatest economic need" means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term "greatest social need" means the need caused by non-economic factors Which include physical or mental disabilities, language barriers, and cultural or social isolation, including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently. (Older Americans Act of 1965 as amended, Amendments of 1991, Public Law 98- 459, 306 (a) (5) (B).) Minimum program goals relating to minorities within this Contract have been established by computing the percentage of elderly minorities within the geographic area served by the Contractor. O. Records 1. The Contractor shall, at all times during the term of this Contract, maintain complete fiscal, program and management records (which shall include, but not be limited to, accounting records, grants, agreements, letters of agreement, insurance documentation in accordance with Section III. (E)(2), memoranda 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 principles. All records pertaining to the project shall be available for review and audit by the County, state or federal govemment 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) Page 7 of 26 for such longer period, if any, as is required by applicable statute, by any other clause of this Contract, or (c) for such longer period as DAAS deems necessary, which shall be a minimum of three (3) years after final payment under this Contract. 2. In the event this Contract is either completely or partially terminated, any and all records relating to any work performed under the Contract shall be preserved and made available for the same periods as specified in Article II, Section 0, Paragraph 1, above. 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 allocability of expenditures reimbursed by the County under this Contract. If the allocability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to generally accepted accounting principles, the expenditures shall be questioned in the audit and may be disallowed by the County and/or state during the audit resolution process. a. Accounting Records (The Title III Program Manual, 'CDA PM', Section G, Paragraptj 93.7a) The Contractor shall provide adequate accounting systems and procedures to control and support all fiscal activities in accordance with policies issued by the Administration on Aging and the CDA. The Contractor shall provide for those designated in the chart of accounts as identified by the categories in the budget display. It is mandatory that the Contractor report fiscal operations to DAAS using the categories of transactions detailed in the chart of accounts. b. Internal Control (CDA PM, Section G, Paragraph 93.11 through 93.21) Effective control and accountability shall be maintained for all grant cash, real and personal property and other assets. Contractor shall adequately safeguard all assets and shall assure that they are used solely for authorized purposes. c. Budgetary Control (CDA PM, Section G, Paragraph 93.21) All budget changes within major categories, such as salaries and benefits, equipment or other costs exceeding ten percent (10%) of the approved budget, for that major category, represents a departure from the approved project plans and require DAAS' prior approval. Budget modification requests shall be made to DAAS in the form of a written justification outlining specific shifts of funds that will be made. Note: The total amount of the change must not result in the Title III funds exceeding the contracted amount for all Title III funds. d. Allowable Costs (CDA PM, Section G, Paragraph 93.31) e. Source Documentation (CDA PM, Section G, Paragraph 93.39) Accounting records shall be supported by source documentation such as canceled checks, original invoices, time sheets and payroll records, grant and contract award documents, in-kind documentation, etc., which are maintained to comply with record retention requirements. Page 8 of 26 , p.' Reports 1. Contractor, at such times and in such forms as DAAS may require, shall fumish statements, records, reports, data and information requested by DAAS pertaining to Contractor's performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or hislher designee, prior to submission to DAAS. Incomplete forms shall be retumed to the Contractor for completion. (In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control. 2. Contractor shall meet the following standards for its financial management systems, as provided in the CDA PM: a. Financial Reporting (CDA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of each program (Le., congregate meals, or home-delivered meals) such as shall be made in accordance with the financial reporting requirements of the Contract The following reports are to be submitted to DAAS when indicated: 1) Monthly (Due by 5111 working day of each month) . Monthly Nutrition Program Expenditure Report / Request for '-. Reimbursement 2) Semi-Annually . Budget Revision #1 (Due November 1) . Budget Revision #2 (Due March 31) 3) Annually . Financial Close-out Report (Due August 1) . Periodic Inventory (Due August 1 with close-out) . Audit Report (Due October 31) . Revised Financial Close-out Report (Due October 31 with Audit Report) b. Program Reporting The following reports are to be submitted to DAAS when indicated: 1) Monthly (Due by the 5111 working day of each month) . III B Monthly Supportive Services Report . III C1, C2 Monthly Nutrition Report 2) Quarterly . Program modification request in writing to DAAS. Contractor shall describe, in detail, necessary program change{s) and the reason{s) for the requested modification. 3. DAAS may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met. 4. Contractor is required to work in conjunction with DAAS in developing and maintaining a client database. Q. Property Management 1. All equipment purchases of $500.00 require the written approval of the Director of DAAS or his/her designee prior to purchase. 2. All equipment, materials, supplies or personal property of any kind purchased with Contract funds provided herein shall be in accordance with CDA PM, Section G, Paragraph 93.19, and if not fully expended or consumed prior to the termination of this Contract shall be the Page 9 of 26 property of the CDA, unless otherwise directed by the CDA. All equipment must be used to conduct business under this Contract. 3. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. The Contractor shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. 4. The Contractor shall record the following information when property is acquired: a. Date acquired; b. Property description (including model number); c. Property identification number (serial number); d. Cost or other basis of valuation; and e. Fund source. 5. The Contractor shall keep track of property purchased with funds under this Contract. The Contractor shall submit to DAAS, annually with the close-out, a current inventory of property furnished or purchased with funds awarded under the terms of this Contract or any predecessor agreement for the same purpose. 6. Loss of Property '-0. a. The disposal, loss and/or destruction of property or equipment shall be fully documented by the Contractor with copies provided to DAAS along with the monthly expense report for the month in which the loss occurred. b. The Contractor shall immediately investigate, and within five (5) days fully document the loss, destruction, or theft of such property. c. Loss by fire, vandalism, or theft must be immediately reported to the fire department or law enforcement agency, as applicable. A copy of the fire department or law enforcement agency report of the incident shall also be forwarded to DAAS. d. DAAS shall be notified of the loss within seventy-two (72) hours of the discovery of the loss. 7. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the term of the Contract, and shall assume responsibility for replacement or repair of such property during the term of the Contract and until the Contractor has complied with all written instructions from the state via DAAS regarding the final disposition ofthe property. 8. In the event of the Contractor's dissolution or upon termination of this Contract, the Contractor shall provide a final property inventory to DAAS. 9. The Contractor shall use the property for the purpose for which it was intended under the Contract. In no instance shall equipment be loaned to other programs or organizations without the written approval of the Director of DAAS or hislher designee. 10. The Contractor or any subcontractor shall not use equipment or supplies acquired under this Contract with federal and/or state monies for personal gain or to usurp the competitive advantage of a privately-owned business entity. 11. If purchase of equipment is a reimbursable item, the equipment to be purchased will be specified in the budget. 12. The Contractor shall include the provisions contained in Article III, Section N, Paragraph 3, which pertains to "Additional Named Insured' in all of its subcontracts awarded under this Contract. Page 10 of 26 13. 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. 14. Once Contractor has received disposal authorization for a vehicle to be salvaged, Contractor shall ensure that all identifying lettering, signs, etc., are removed. 15. Prior to replacement of any property, Contractor must obtain written authorization from DAAS. 16. Any equipment purchased with Contract funds shall be subject to inspection, over the life of the equipment, and if under-used, misused, or not used, may be claimed by DAAS for redistribution to other DAAS projects. 17. 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." 18. Any equipment purchased shall be reported on the Expenditure and Claim for Reimbursement Report for the month in which the equipment was purchased. DAAS shall verify approvaHor purchase was given prior to the purchase of the equipment. 19. Equipment shall be periodically inventoried by DAAS to ensure all equipment purchases are properly approved, documented, and recorded on the inventory. Significant violations may result in the imposition of sanctions. II. CONTRACTOR GENERAL RESPONSIBILITIES A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents DAAS or of the County of San Bernardino. B. Without the prior written consent of County, this Contract is not assignable by Contractor either in whole or in part. C. Contractor agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former county administrative officials who terminated County employment within the last five (5) years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, 'County Administrative Official" is defined as a member of the County of San Bemardino, Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. D. If during the term of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated by the County. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. E. Subcontracting The Director of DAAS is designated the authority to approve one or more subcontracts provided each subcontract meets the following terms and conditions: Page 11 of 26 1. The policies and procedures used in processing and awarding the subcontracts were (a) organized and structured; (b) reasonable and equitable; (c) documented and approved by appropriate authorities; (d) consistent with applicable federal, state, and local procurement requirements; (e) uniformly applied; and (f) open for public review and scrutiny. 2. All subcontracts require the advance written approval of the Director of OMS or hislher designee. 3. The Contractor shall be responsible for the performance of any subcontractors and shall retain the prime responsibility for all terms and conditions set forth in this Contract, including but not limited to, the responsibility for handling property in accordance with Article II, Section Q, and ensuring the accessibility, availability and retention of records of subcontractors in accordance with Article III, Section O. 4. Funds for this Contract shall not be obligated in subcontracts for services beyond the termination date of this Contract. 5. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of the County. 6. Copies of subCtlntracts, memoranda and/or letters of understanding shall be on file with the Contractor and shall be made available for review at the request of the County. 7. The Contractor shall be responsible to ensure all subcontractors meet the insurance requirements and for monitoring the insurance requirements in accordance with Article III, Section N. 8. The Contractor shall require all subcontractors to indemnify, defend and save harmless the Contractor and the County, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation fumishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Contract were used and from any and all claims and losses accruing or resulting tq any person, firm, or corporation who may be injured or damaged by the subcontractor in the performance of this Contract. 9. The Contractor. shall ensure that the subcontractor shall complete all reporting and expenditure documents requested by OMS. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined by OMS. 10. A copy of the executed subcontract shall be submitted to the Director of OMS. F. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. Said records shall be kept and maintained within the County of San Bernardino. County shall have the right upon reasonable notice and during reasonable business hours to examine and inspect such records and books. G. Contractor shall notify County in writing of any change in mailing address, telephone or fax numbers and/or physical location within ten (10) days of the change. H. Contractor shall notify County of any continuing vacancies and any positions which become vacant during the term of this Contract which shall result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible. Vacancies and associated Page 12 of 26 " , I. J. problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems. Contractor shall notify the County Human Services System ("HSS") Contract Administration Unit of all upcoming meetings of the Board of Directors or other goveming party and shall keep County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. All Board of Directors' minutes shall be submitted to County in the month following approval of the minutes. Further, a County representative shall have the option of attending the meetings of the Board of Directors during the term of this Contract. Contractor shall require all persons, including but not limited to its officers, agents, employees, volunteers and any subcontractor directly or indirectly involved in administration of services provided under this Contract to comply with the provisions of Section 10850 and 827 of the Welfare and Institutions ("W & I") Code and Division 19-000 of the Department of Social Services Manual of Policies and Procedures to assure that: 1. All applications and records conceming any individual made or kept by any public officer, public agency, or Contractor with the administration of any provision of the W & I Code relating to any forms of public social services provided under this Contract shall be confidential and shall not be open to examination for any purpose not directly connected with the administration, performance, compliance, monitoring or auditing of such services. -. 2. No person shall publish, disclose, use, permit or cause to be published, disclosed, or used, any confidential information pertaining to any applicant or recipient of services under this Contract. Contractor agrees to inform all persons directly or indirectly involved in administration of services provided under this Contract of the above provisions and that any person deliberately violating these provisions is guilty of a misdemeanor. K. Contractor agrees to and shall comply with the County's Elder and Dependent Adult Abuse Reporting Requirement: 1. Contractor shall ensure that all known or suspected instances of elder or dependent adult abuse are reported to DAAS Adult Protective Services staff. 2. In accordance with W & 115630 (a) all employees of the Contractor and its subcontractors are mandated reporters of elder and dependent adult abuse. Mandated reporters are required to report all instances of physical abuse of elderly and dependent adults and may' report other types of abuse. Physical abuse must be reported under the following circumstances: . a. When the mandated reporter has observed an incident that reasonably appears to be physical abuse; b. When the mandated reporter has observed a physical injury where the nature of the injury, its location on the body, or the repetition of the injury clearly indicates that physical abuse has occurred; c. When the mandated reporter is told by an elderly or dependent adult that he or she has experienced behavior constituting physical abuse. 3. A telephone report of physical abuse must be made immediately or as soon as possible. A written Report of Dependent Adult/Elder Abuse (SaC 341) must follow within two (2) working days. 4. Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: Page 13 of 26 a. If the abuse has occurred in a long term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long Term Care Ombudsman or local law enforcement; b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement; c. If the abuse occurred anywhere other than a long term care facility or state mental hospital or state developmental center, the report shall be made to Adult Protective Services or local law enforcement. 5. Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting Law are enacted, the Contractor is bound to comply with the most current regulations. L. Contractor shall not employ in any capacity, paid or volunteer, any person who has been convicted of any crime of violence or of any sexual crime and shall, upon discovery of such, terminate the employment of said person. Contractor shall investigate all incidents where an applicant, employee, intem or volunteer has been arrested for any crime listed in Penal Code Section 11105.3 and shall take action to either deny employment or terminate employment where the investigation shows that the underlying conduct associated with the arrest renders the person unsuitable for employment, internship,. or volunteer services. Contractor shall immediately notify the County concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent consultant, intern or volunteer staff, when such information becomes known to Contractor. M. Contractor shall make every reasonable effort to prevent employees, consultants or members of its Board of Directors from using their positions 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 County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis. N. Contractor shall maintain in accordance with County Risk Manager requirements such insurance as will fully protect Contractor and County from any and all claims under any worker's compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, or violation of civil rights claim made by anyone whomsoever which may arise from any negligent act carried on under this Contract, either by Contractor, any subcontractor or by anyone directly or indirectly engaged or employed by either of them. Contractor agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification - The Contractor agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from Contractor's acts, errors or omissions and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. 2. Insurance - Without in any way affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the term of the Contract the following types of insurance with minimum limits as shown: Page 14 of 26 a. Worker's Compensation - A program of workers' compensation insurance or a state- approved self insurance program in 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 Contract. b. Comprehensive General and Automobile Liability Insurance - This coverage shall include contractual coverage and automobile liability coverage of 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). c. Errors and Omissions Liability Insurance - This coverage shall have combined single limits of $1,000,000 for bodily injury and property damage and $3,000,000 in the aggregate or Professional Liability - Professional liability insurance shall have limits of at least $1,000,000 per claim or occurrence. 3. Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect toliflbilities arising out of the performance of services hereunder. 4. Waiver of Subrogation Rights. - Except for Errors and Omissions Liability and Professional Liability, Contractor shall require the carriers of the above-required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 5. Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. 6. Proof of Coverage - Contractor shall immediately furnish certificates of the required insurance policies to OAAS evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days prior written notice to OMS, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the termination of the Contract. Within sixty (60) days of the commencement of this Contract, the Contractor shall furnish certified copies of the policies and all endorsements. 7. Insurance Review - The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insure 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. 8. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. Page 15 of 26 O. Contractor agrees to and shall comply with the County's Child Support Compliance Program requirements: 1. Contractor's Warranty of Adherence to County's Child Support Compliance Program. Contractor acknowledges that County has established a goal of ensuring that all individuals who benefit financially pursuant to the Contract are in compliance with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. As required by County's Child Support Compliance Program (County Code Section 110.0101 et seq.) and without limiting Contractor's duty under this Contract to comply with all applicable provisions of law, Contractor warrants that it is now in compliance and shall during the term of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and Califomia Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). Contractor hereby acknowledges the County may require the Contractor to submit a completed Principal Owner Information (POI) Form upon the request of the District Attorney. 2. Termination fol"'Breach of Warranty to Maintain Compliance with County's Child Support Compliance Program. Failure of Contractor to maintain compliance with the requirements set forth in the preceding paragraph shall constitute a default by Contractor under this Contract. Without limiting the rights and remedies available to County under law or under any other provision of this Contract, failure to cure such default within ninety (90) days of notice by the County of San Bernardino, Department of Child Support shall be grounds upon which the County may terminate this Contract. P. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charg~s required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. i I I I Q. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. R. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance requirements: 1. Equal Employment Opportunity Program: The contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the California Department of Social Services Manual of Polices and Procedures and California Welfare and Institutions Code, Section 1000), the California Fair Employment and Housing Act, and other applicable federal, state, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted. Contractor shall not unlawfully discriminate against any employee, applicant for employment, or participant on the basis of race, national origin or ancestry, religion, sex, Page 16 of 26 " marital status, age, political affiliation or disability. Information on the above rules and , regulations may be obtained from HSS Contract Administration. Civil Rights Compliance: Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation. These policies must be developed into a Civil Rights Plan (the 'Plan"), which is to be on file with HSS Contract Administration within thirty (30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, HSS will supply a sample format of the Plan. Contractor will be monitored by HSS for compliance with provisions of its Civil Rights Plan. S. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act ('ADA"). 2. T. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 20, Chapter 4, Califomia Code of Regulations). U. If the amount available to Contractor under this Contract, as specified in Article V, Section A, Paragraph 1, exceeds $100,000, Contractor agrees to comply with Section 306 of the Clean Air Act (42 USC 1857 h), SeCmm 508 of the Clean Water Act (33 USC 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR, Part 15). V. Contractor shall use recycled and recyclable products, whenever possible, in fulfilling the terms of this Contract. Recycled printed products shall include a symbol identifying the recycled material. W. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County, shall be the Contractor's sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. X. Contractor agrees any books, reports, pamphlets, papers, articles, or other materials published or transferred, including newspaper reports, based on activities funded by this Contract, must (a) carry an acknowledgement of funding by the San Bernardino County DMS. The following language should be used: "These materials or products are the result of a project funded in 'part or in whole by the County of San Bernardino Department of Aging and Adult Services through the Older Americans Act, as amended."; (b) give the name of the entity, the address, and telephone number at which the supporting data is available; (c) include a statement that the conclusions and opinions expressed may not be those of the state, the County, and/or DMS and that the publication may. not be based upon or inclusive of all raw data. Y. If the Contract results in a book or other copyrightable material(s), the author is free to copyright the work, but DMS reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material which can be copyrighted resulting from the Contract. Z. All activities not expressly authorized by this Contract shall be prohibited without the express written permission of the Director of DMS or hislher designee. M. Contractor agrees it shall not perform or permit any religious proselytizing activities in connection with the performance of this Contract. BB. Persons selected for project staff positions, after the effective date of this Contract, may not be within the immediate family or other contractor staff in positions of authority, members of the Page 17 of 26 Contractor's Board of Directors, or OMS staff. Individuals within the immediate family of project staff may not serve on the Contractor's Board of Directors. Any individual who may have been selected or elected to the Board of Directors before the effective date of this Contract, who has immediate family employed by the Nutrition Services Program, then either the board member or the employed member(s) of the board member's immediate family must resign from their position(s) within thirty (30) days of the effective date of this Contract. Immediate family refers to spouse, child, grandchild, mother, father, grandparents, brother, sister, mother-in-law, father-in-law, daughter-in-law, son-in-law, aunt, uncle, niece, nephew, and members of the same household. IV. COUNTY RESPONSIBILITIES A. The County agrees to monitor and evaluate the performance of the Contractor in meeting the terms of the Contract and the quality and effectiveness of services provided based on the criteria as determined by the County. B. The County is to provide consultation and technical assistance in monitoring the terms of this Contract. C. The County shall approve an audit firm, selected by the Contractor, to conduct a fiscal and program audit as specified in Article VI. D. The County agrees to compensate Contractor for approved expenses in accordance with Article V of this Contract. I. FISCAL PROVISIONS A. The maximum amount funds available under this Contract shall not exceed $168.548 and shall be subject to availability of funds from CDA B. Upon written demonstration of need by Contractor and at the option of County, 10% of the Title III funds may be advanced to Contractor by County upon approval of the Director of OMS. Any such advance shall cause the amounts payable to Contractor in subsequent months to be reduced to the amount determined by dividing the balance left by the number of months remaining in the Contract term. No advance will increase the amount shown in Paragraph A of this Article. C. If, as a result of advanced income, the project earns interest on funds awarded by OMS, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file. . D. Contractor shall be compensated with the remainder of the Title III funds monthly. The calculation of the monthly disbursement amount will be based on the year-to-date expenditures identified in the Expenditure ReportlRequest for Reimbursement form compared to the year-to-date advanced funds. E. United States Department of Agriculture ("USDA') funds shall be paid at the prevailing rate for each reimbursable meal served, and reimbursed to Contractor, as funds become available. F. Contractor shall expend all funds received hereunder in accordance with this Contract. G. Contractor shall 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 shall be clearly identified and readily accessible to OMS staff, as may be required. Page 18 of 26 o. ,. . H. , OMS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by OMS and/or CDA not to be in compliance within this Contract, or inappropriate to such activities, or for which there is inadequate supporting documentation presented, or for which prior approval is required but not granted. Contractor shall return to OMS, immediately upon written demand, any funds provided under this Contract which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Contract, or the dissolution of the entity. Contractor must return any unspent funds with submittal of revised year-end Financial Closeout Report, based on independent audit. I. J. K. Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Contract separate from any other funds administered by the Contractor. Contractor shall maintain records in accordance with generally accepted accounting principles. Costs for services under the terms of this Contract shall be incurred during the Contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. Contractor is encour'llged to seek contributions/donations from the eJderlyparticipating in the program. The program income goal for contributions/donations should be twenty-five percent (25%) or more of the total expenditures identified in the attached budget display. General program income shall be used to increase the number of elderly served by a project, to facilitate access to such meals, and to provide supportive services directly related to nutrition as defined in the Work Plan. General program income shall be used within the program in which it was earned. L. M. N. Deferred Income 1. Program income not utilized for current year expenditures in excess of the budgeted program income amount identified in Exhibit B-1 and B-2 shall be identified as "deferred income". This income will be expended by September 30 of the following fiscal year. In addition, this income must be identified on page 6 of the year end Financial Close-out Report and then carried forward as a budget item in the new fiscaVcontract year. Use of the deferred income must be reported in the Expenditure Report/Request for Reimbursement expense reports as spent, by September 30 of the following fiscal year. 2. When the amount of the deferred income is determined through the audit, Contractor shall revise the deferred income figure, previously reported, by adjusting the following month's expense report claim for reimbursement and shall submit a new budget reflecting the revisions. 3. Deferred income will be used for general program expenditures, to increase the number of elderly served by the Nutrition Program, and to provide supportive services directly related to nutrition. Deferred income will be used within the program (Le. congregate meal or home-delivered meal) in which it was eamed. P. Matching Contributions The Contractor shall provide in-kind matching contributions of a minimum of $13.357, which is the Title III portion of the Contract multiplied by 11.11 %. Allowable match shall be in compliance with the following requirements: Page 19 of 26 ~ . Matching in-kind contributions must be for allowable costs as determined by CDA PM. Allowable costs include but are not limited to rent, utilities, supplies, personnel (volunteer). 2. To qualify as a matching in-kind contribution, indirect or Contractor allocated overhead expenses must be supported by a documented cost allocation plan. 3. Matching in-kind contributions in excess of the minimum required in one service component may be used to match another service component within the Older Americans Act. As an example, match exceeding the minimum requirement in a transportation program may be used to offset an under match in in-home supportive services. 4. Contractor shall provide a Budget In-Kind narrative statement to OMS 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 shall 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. -, a. Budget and Budget Revisions 1. The Contractor shall be reimbursed for expenses only as itemized in the budget approved by OMS, which is attached and hereby incorporated by reference. 2. The budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Contractor's budget shall include, at a minimum, the following items when reimbursable under this Contract: a. Direct and overhead costs; b. Rental reimbursement items should specify the unit rate, such as the rate per square foot; c. If purchase of equipment is' a reimbursable item, the equipment to be purchased should be specified; d. Any travel outside the State of California. 3. Budget and budget revisions shall adhere to any other provisions contained in the CDA PM. 4. The County Board of Supervisors delegates the authority to the Director of OMS to make budget revisions provided the revisions do not result in' the amount of the Contract exceeding the previously Board approved amount. R. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations which have been paid by another source of revenue. Contractor agrees that it shall not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. S. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. Page 20 of 26 VI. '. RIGHT TO MONITOR AND AUDIT A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. B. County or any subdivision or appointee thereof, and the state or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by County, federal and state representatives for a period of three (3) years after final payment under the Contract or until all pending County, state and federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said records are not made available at the scheduled moniton'nrl visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement shall not exceed $50 per hour (including travel time) and be deducted from the following month's claim for reimbursement. E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representative in the performance of their duties. All inspections and evaluations shall be performed in such a manner as shall not unduly delay the work of the Contractor. F. Contractors who expend more than $300,000 of aggregate federal awards shall arrange for an audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98-502 and a copy submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 G. If Contractor is a public or private entity: 1. Non-profit institution expending more than $300,000 a year in aggregate -federal awards shall have an audit made in accordance with the provisions of Office Management and Budget (OMS) Circular A-133. Audits of Institutions of Higher Education and other non-profit institutions. 2. Non-profit institutions that expend less than $300,000 a year in aggregate federal awards are exempt from federal audit requirements for that year. However, an on-site monitoring visit shall be performed to ensure that federal awards are used for authorized purposed under OMB Circular A-11 0 or OMS Circular A-128. 3. Any non-profit institution that obtains audit reports but is not required to, shall not be reimbursed for audit report expenses. H. Required audits must be performed in accordance with generally accepted auditing standards ("GMS') and the Statements of Auditing Standards ("SASS') issued and interpreted by the Page 21 of 26 . ~merican Institute of Certified Public Accountants ("AICPAn) 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 Nutrition Program is being administered by the Contractor in compliance with the Contract auditing listing of client case files, and to determine that the Nutrition Program revenue and expenditures are properly segregated from other programs being administered by the Contractor. I. To ensure that OMB Circular A-133 requirements are met, the audit report shall consist of the following parts: 1. A report on the financial statements, a schedule of federal awards, which must report in- kind match. along with the auditor's opinion on the financial statements; 2. A report on the entity-wide internal control systems based on the auditor's understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit); a report on internal controls (accounting and administrative) designed to provide reasonable assurance of compliance with laws and regulations applicable to federal assistance or federal awards, including tests of transactions (including program income and expenditures); '-, 3. A report on compliance with laws and regulations that may be material to financial statements; an opinion on compliance with laws and regulations applicable to each major federal program and a statement of positive assurance of those items that were tested (including program income) for compliance and negative assurance for those items not listed. These requirements may be met by the following: a. A report on compliance with general requirements applicable to federal programs drawn from the relevant OMB Compliance Supplement; b. An opinion on compliance with specific requirements applicable to each major program (major program refers to Congregate Meals, C-1 and Home Delivered Meals, C-2). 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 principles. 4. A report on fraud, abuse, illegal acts or indications of such act, if necessary; 5. A schedule of reportable conditions (including material weaknesses) for internal control findings and a schedule of findings and questioned costs for compliance findings (if not included in the internal control or compliance reports); a management letter; separate communication of nonmaterial findings relative to federal programs. J. Audit must also include: 1. Schedule of Service Delivery: This schedule will give the number of service units provided by the Contractor, by program and by month. 2. Schedule of Meals Served: This schedule will give the total number of meals served by the Contractor for the term of the Contract. Meal count shall be classified as C-1 or C-2. K. Contractor shall select a certified public accountant from the list of approved auditors published by the County of San Bernardino. The Contractor must receive prior approval from OMS prior to hiring the auditor. Page 22 of 26 . L " Contractor shall include in its contract with an independent auditor a clause permitting access by the COLlnty and State to the work papers of the independent auditor. M. Contractor shall notify OMS of the time and location of scheduled entrance and exit conferences with independent auditors, so that appropriate OMS and other appropriate County staff may participate. N. The cost of audits performed pursuant to Public Law 98502 shall be charged to the Contractor, in accordance with Public Law 98502 and OMS Circular A-128 or A-133, as appropriate. O. All audits shall be performed in accordance with and address all issued contained in any OMS Compliance Supplement that applies to the Nutrition Program. P. Audits to be performed shall be financial and program compliance audits. a. The auditor of record, hired by the Contractor, shall prepare and file with the County, a draft copy of the independent audit within ninety (90) days after termination of this Contract and prior to the exit conference. Within one hundred and twenty (120) days after the termination or expiration of this Contract, the final independent audit report of related expenditures during the term of this Contract, shall also be filed with the County. R. Contractor shall assiSt-and comply with audit resolution requirements as required by OMS, including submitting to OMS at the exit conference, a corrective action plan for any findings or recommendations, identified in the draft audit. S. Contractor must take appropriate action to correct instances of non-compliance with federal laws and regulations within six (6) months after OMS has received on the audit report. T. The Contractor agrees to be subject to the examination and audit of the County for a period of three (3) years after final payment under this Contract. m. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES A. Correction of Performance Oeficiencies 1. If, for any reason, the Contractor's service, including service to targeted populations, falls five percent (5%) under or increases to twenty-five percent (25%) over the contracted level during any calendar quarter, the Contractor shall submit to OMS, within thirty (30) calendar days, an analysis of the situation and if a problem exists, state the actions being taken to correct the problem. If the problem persists and at the sole discretion of OMS, OMS 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 one hundred percent (100%) Contract level within the required time frame, sanctions shall be invoked. If, after all appropriate actions have been taken, the service level still falls to five percent (5%) under or increases to twenty-five percent (25%) over the contracted level, OMS may, in its sole discretion, adjust the contracted level of service and the budget, thereby the funding, as appropriate. 2. The Contractor agrees that any remedy provided in this Contract is in addition to and not in derogation of any other legal or equitable remedy available to the County and/or OMS as a result of breach of this Contract by the Contractor, whether such breach occurs before or after the termination of the Contract. 3. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. Page 23 of 26 4. In the event of a non-cured breach. County may. at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:: a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Article VII, Section A, Paragraph 2.b.; and/or e. Terminate this Contract and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. B. Appeal Procedures 1. If Contractor dlbgrees with any decision or action taken by the County or OMS related to this Contract, Contractormay choose to file a formal grievance by following the procedures below: 2. The Contractor shall file a formal written grievance with the OMS Supervisor of Administrative Services ("OMS Supervisor") within ten (10) business days after the Contractor is aware of the factors or conditions precipitating the contract dispute. The written grievance shall set forth the subject of the grievance, identify the specific clause in dispute and shall provide a detailed statement of the grievance, including dates, names, places, and the specific remedy or action requested. The filing address is 686 East Mill Street, San Bernardino, California, 92415-0640. The OMS Supervisor shall provide a written response to Contractor within ten (10) business days of receipt of the grievance. 3. If Contractoris not satisfied with the OMS Supervisor's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the DAAS Supervisor's response is not satisfactory, to the Director of OMS within ten (10) business days of receipt of the OMS Supervisor's response. The filing address is 686 East Mill Street, San Bernardino, California, 92415-0640. The Director of OMS shall provide a written response to Contractor within ten (10) business days. The Director of OMS shall have final authority for the decision on the grievance except as provided in the paragraph below. 4. For those appeals which involve CDA programmatic policies and directives issued to the County and contained within this Contract, this paragraph shall apply. If Contractoris not satisfied with the Director of OMS' decision, the written grievance may be registered in writing with the CDA, Case Management Branch, 1600 "K" Street, Sacramento, California, 95814, within ten (10) business days following receipt of the Director of OMS' decision. Contractor shall submit to CDA the original written grievance along with a copy of the OMS Supervisor's written response, the Contractor's appeal to the Director of OMS, and the Director of OMS' decision. CDA shall have final authority for the decision on the grievance. 1111. TERM This Contract is effective date of July 1, 2001, and an expiration date of June 30, 2002, but may be terminated earlier as provided within the Contract. Page 24 of 26 '.\ )I X. ~RLYT,ERMINATlON A. The County may terminate the Contract immediately under the provisions of Section VII of the Contract. In addition, the Contract may be terminated by the County without cause, by serving a written notice to the Contractor thirty (3D) days prior to such termination. The HSS Assistant County Administrator is authorized to exercise the County's rights with respect to any termination of this Contract. B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination. <. GENERAL PROVISIONS A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the parties at the following respective addresses listed below. Contractor: City of San Bernardino Attn: Director of Parks, Recreation and CSD 547 N. Sierra Way San Bernardino, CA 92410-4816 County: County~an Bernardino Human Services System Attn: Contract Administration 150 S. Lena Road San Bernardino, CA 92415-0515 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the party hereto. C. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. D. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. G. This Contract shall be governed by and construed in all aspects in accordance with the laws of the Older Americans Act as amended and with state and federal laws. The parties agree to the exclusive Page 25 of 26 c jurisdiction of the federal and state courts located in the County of San Bernardino, for any and all . disputes arising under this Contract, to the exclusion of all other federal and state courts. H. In the event of conflict between the provisions set forth in the terms and conditions of the Contract and any attachment or exhibit (i.e., Project Application or Work Plan, Proposal, or Area Plan), the provisions listed in the Contract's terms and conditions shall prevail. (I. CONCLUSION A. This Contract, consisting of 26 pages and Attachment A, Exhibit B, Exhibit B-1, Exhibit B-2, Attachment C and Attachment D, is the full and complete document describing services to be rendered by Contractor to County including all covenants, conditions and benefits. B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this Contract. C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. -. . n , contractor, elc.) :OUNTY OF S N BERNARDINO laled:JUN 2 62001 ;IGNED AND CERTIFIED IOCUMENT HAS BEEN D :HAIRMAN OF THE BOAR Clerk of e Tille orized signelure . sign in blue ink) #1 tla//U flltl1/0r 0/dlo~rintorType) , Daled: ,y( c::---- Address 547 N. Sierra Way San Bemardino. CA 92410-4816 o Lega' Form Reviewed by Contract Compliance ..VaiU Tanya Bratton, ~~ /.3.-() J Reviewed for Processing ate puty County Counsel 6-0-;2- 01 , - (j)c; .. Agency Administrator/CAO Oete Date Page 26 of 26 " " Attachment A Page 1 of 7 Work Plan CilV of San Bernardino FY 2001-2002 This work plan contains the measurable objectives mandated by DMS of the Nutrition provider. The work plan specifies and establishes time frames either on an annual basis or where required by state regulations on a quarterly basis. The work plan constitutes the primary document for on- going monitoring, Annual Program Performance ReviewlFiscal Audit and will be used to measure the providers efforts towards providing quality Nutrition Services. City of San Bernardino I. Program Description A. Geographic Area/Clientele & Eligibility Criteria '''-..-, 1. The geographic area served by this contractor covers the City of San Bernardino. 2. The clientele for congregate nutrition consists of: a. Seniors 60 and over; b. The spouse of any person 60 and over; c. Disabled individuals who reside in a housing facility occupied primarily by the elderly at which congregate nutrition services are provided; and, d. A disabled individual who lives with an elderly individual and; B. Program Description 1. Purpose: Nutrition services are provided to assist older individuals to live independently by promoting better health through improved nutrition and reduced isolation through a program coordinated with other supportive services. 2. Definition: Nutrition services include the procurement. preparation, transport, and service of meals to older persons at congregate sites or in their homes. C. Intended Outcomes 1. Serve 238 Congregate meals per day that are nutritious, providing at least 1/3 of the minimum daily requirements, served in an environment that is pleasant, safe and free from coercion at least 254 days for a total of 60,550 meals per year at the sites listed in Exhibit A-1. 2. Provide Congregate meals to at least 1,279 unduplicated seniors of which t. Attachment A Page 2 of 7 610 are minority seniors of which 25% are low-income. 3. A Program Dietitian, meeting the requirements set forth within PM 95 03 (P), 145.3b, will provide a minimum of 4 hours weekly (20 hours per month) of activity to provide functions mandated by the State of California. Those functions include approval of the contractor menus for nutritional adequacy and variety, staff training, nutrition education activities, and monitoring. Contractor's menus will be planned to meet the nutritional requirements providing 1/3 of the Daily RDA's. The menus shall include a variety of regular and ethnic foods and shall be prepared by personnel knowledgeable in food safety and the HACCP principles (Hazard Analysis Critical Control Point). The HACCP system includes mainly temperature (food, refrigeration, storage, delivery, etc.) and time control and documentation. The temperatures and holding times shall be monitored and records kept on file for DAAS audit. Menus shall be approved by the project dietitian before being subf1'litted to the AAA Dietitian for final approval and certification prior to use as specified within PM 95 03 (P), 143.3 a, 6. Staff training will be provided as specified within PM 95 03 (P), 147.5. Nutrition education services shall be provided to homebound and congregate sites as specified within PM 95 03 (P), 145.11. Nutrition counseling shall be provided to homebound and congregate participants as specified within PM 95 03 (P), 145.13. 4. The project will assure that each participant shall fill out the Nutritional Risk Assessment form to determine his or her level of nutritional health risk. Forms will be filled out at the beginning of service for the home-delivered meal participants and once a year for congregate meal participants. These forms will be kept on file at the projects main office and made available for annual review during the performance audit. 5. Provide outreach in the community through a minimum of 1 presentation to community groups, organizations, at least once a month and through door- to-door contact to new seniors of at least 42 contacts which represents at least 27 hours of outreach activity. All outreach will be documented and kept on file for the Annual Program Performance Review. 6. Conduct a client satisfaction survey at least once a year if not more often. . The survey instrument must be approved by a designated DAAS staff prior to its use, and all findings from the surveys must be used to improve services. The retumed surveys and the tabulated results must be kept on file for review by DAAS. A copy of the tabulated results must be sent to DAAS. 7. Prepare posters and signs in languages other than English, and post the signs in such locations as churches, community service locations and small stores serving the minority communities. Attachment A Page 3 of 7 II. Service Delivery Activities A. Staffing and Volunteers Sufficient personnel shall be available to carry out the needs of the program. This includes a Project Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and contract. 1. Paid Staff FTE %C1 Food Service Supervisor II 1 100% Program Specialist .56 100% (2) Cooks 1.75 100% Driver .81 100% (4) Kitchen Workers 2.19 100% VolunteerGtaff 2. a. Volunteers constitute individuals who work without pay in the performance of essential duties in meal preparation, service, or delivery at either a Congregate or Home-delivered meal program and for which an agreement exists between them and the project. The agreement should cover at a minimum the number of hours that will be volunteered, and the type of work to be volunteered. b. Volunteers shall be recruited and used in all phases of services operations. Volunteers shall: i. Be screened and seleCted through a formal process that assesses their capabilities, and; ii. Not replace paid personnel. c. Individuals who work at a meal preparation site for either Congregate or Home-delivered Meals arid are paid through Job Training and Partnership Act, Senior Employment, Work Study, or any other job training program are not considered volunteers and must pay the agreed upon rate charged for regular paid staff. B. Staffing Definitions-Nutrition Services Project Director: The minimum qualifications for a Nutrition Project Director include individuals with an associate degree with emphasis in: 1. Food services management; or 2. Business administration; or 3. Personnel and/or Human Resources Management, or Gerontology; and 4. Two years of experience with increasing responsibility and an emphasis on management ability. Attachment A Page 4 of 7 C. Training Activities 1. Provide training quarterly, at a minimum, to improve the ability, knowledge, and skills of paid and volunteer staff of the nutrition program. Staff and volunteer training shall include but not be limited to Food bome Illness, Food Safety and Sanitation, Menu Requirements, and Nutrition Standards. A written in-service training plan shall be prepared and submitted to DAAS for approval. A written training plan shall be prepared as specified within PM 95 03 (P), 147.5, in order to comply with this requirement. The written staff training plan is to be implemented and placed on file by September 30, 2001, and be ~vailable for review by DAAS staff. In addition, annually evaluate the paid staff and volunteer's performance to determine hislher effectiveness, skill development and understanding of the tasks they are assigned. Documentation of the annual evaluations will be kept on file at the provider's main office for review by DAAS during the Annual Program Performance Review. '- 2. All Project Directors and food service managers shall complete a minimum of 15 clock hours specifically related to food service management, business administration, personnel, or personnel management. Proof of completion will be documented and kept on file for review by the Department during the Annual Program Performance Review. 3. All Project Directors and food service managers shall complete a minimum of 15 clock hours speCifically related to food sanitation and health. Each nutrition site shall have at least one person who is certified in the Manager's Food Safety Certification Program. Proof of completion will be documented and kept on file for review by the Department during the Annual Program Performance Review. D. Service Locations Central Kitchens ' 1. 2. 3. 4. 5. Senior Center Perris Hill Lytle Creek Highland Enterprise ~ E. Menu Planning 1. Coordinate with the Department's Nutritionist by providing monthly menus. Allow DAAS two weeks for the menu certification process. No change to the menus will occur after certification without a two-day prior notice to DAAS and proper documentation kept on file aUhe provider's main office. 2. Develop menus that are reflective of the participants' food eating habits. Particular attention shall be paid to ethnic and regional foods, which should , .' " Attachment A Page 5 of 7 be served at least once a week if not more often. III. Other Service Requirements A. Meal Site Physical Set-up 1. Provide an attractive environment including but not limited to tablecloths, table decorations, bulletin boards, wall decorations, matching dishes and utensils. Further, the provider will encourage creative, appealing, and innovative activities aimed at encouraging greater participation by the seniors. 2. Post floor plans identifying emergency exits, assembly areas, etc. and conduct evacuation drills at least twice a year. Proof of evacuation drills will be kept on file duly signed by the Fire Marshall, or other authorized agency within the community where the site or sites are located. -. 3. Post "NO SOLICITING" signs on the door leading into each Congregate site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses. B. Donations and Confidentiality 1. Maintain a written donation policy and appropriate procedures to safeguard and account for all contributions. 2. Encourage seniors to donate by posting motivational signs, and by verbally reminding the participants about the importance of their contributions. The Contractor will not in any way employ tactics, which could be viewed as coercion, embarrassing and/or obligatory to the meal being provided to the senior participant. Tactics such as placing volunteers to guard the collection boxes, having participants sign in and pay before a meal ticket is given, etc. are strictly prohibited by this work plan and contract. Further, no exchange of money for the purpose of making change will be allowed at the collection box. Encourage participants to bring the correct change or make change elsewhere (I.e. office). Allow participants to place their donation in the box by themselves in strict confidentiality. 3. All contributions, including those for guest and staff meals, shall be used to increase the number of meals, to facilitate access to nutrition services, and to provide other supportive services directly related to nutrition. C. Coordination Activities 1. If applicable, develop a fair and equitable policy and procedure for referring elderly participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy fully in place by September 30. , ' Attachment A Page 6 of 7 2. Include the following statement on all advertising, brochures, posters, etc. "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging". 3. Coordinate service with other county departments and local agencies by providing time for presentations or special activities that promote a Community Based System of Care for the elderly participants attending their sites. All such activities must be documented and kept on file for review by DAAS. D. Reporting Requirements 1. Report all known or suspected cases of elderly abuse to DAAS Adult Protective Services or law enforcement immediately or as soon as possible by telephone, and send a written report within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punisbQ:lent, 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. 2. Report accurate meal counts on CDA 187 & 188 forms, which will be verified by DAAS during the Annual Audit. Additionally, establish audit files which include but are not be limited to a copy of the 187 report attached to the meal sign-in sheets supporting meals reported on the CDA 187 form, and a copy of the 188 report attached to source documents, i.e. route sheets supporting meals reported on the CDA 188 form all of which will be kept on file by month for annual review. 3. Report monthly expenditures to DAAS by the 5th working day ofthe month. Maintain support files including but not limited to invoices, payroll, and other supporting documents, all of which will be attached to a copy of the expenditures report and kept on file by month for review during the Annual Audit. 4. Maintain records, by month, that support claimed in-kind expenditures. 5. By September 3D, report expenditures funded with Deferred Income. 6. Send all quarterly site monitoring reports to DAAS Nutritionist within 30 days of completion for on-going monitoring and review. Provider must assure regular on-going monitoring of health and safety factors including but not limited to: a. Hazard Analysis Critical Control Point; b. Temperature monitoring and documentation; c. Proper food storage and food holding times. 7. Develop and have on hand, for review by DAAS, a cost allocation plan which , , Attachment A Page 7 of 7 explains the methods used to allocate costs between Congregate and Home- Delivered Meals or any other program funded by DAAS, such as Home Repair, etc. In the event additional funds become available, the provider will use the funds to increase the number of meals being provided to elderly participants by either increasing the number of individuals attending its present sites, or by opening new sites in communities not already served by the provider. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just' cause for sanctions being imposed. ..~'-'~ , '1' I CITY OF SAN BERNARDINO EXHIBIT "B" BUDGET SUMMARY FY 2001 - 2002 FY 01-02 FUNDING EXPENDITURES: $168,548 REVENUES: Title III, Older Americans As;t C-l C-2 120,226 o 120,226 U. S. Department Of Agriculture C-1 C-2 32,092 o 32,092 HSS Re-alignment Funds C-1 C-2 16,230 o 16,230 TOTAL REVENUES: $168,548 SAN BERNARDINO COUNTY-OMS Form312A 02113/98 ;. '. I J J EXHIBIT B-1 CONGREGATE SITES % HOME DELIVERED MEALS 0 FUNDING MATCH EXPENDITURE CATEGORY LESS MATCH CASH IN-KIND TOTAL 1. Personnel (Attach Schedule of Personnel) 105576 26262 131838 2. Staff Travel 500 500 3. Staff Training 500 500 4. Equipment (Attach Schedule of Equipment) 3552 3552 5. Consultants 8400 8400 -. 6. Food Costs 105412 1050 106462 7. Consumable Supplies 10148 10148 8. Insurance 778 778 9. Repairs and Maintenance 3000 1471 4471 10. Rent/Building Space 35741 35741 11. Utilities 17658 17658 12. Vehicle Operations 8000 8000 13. Volunteer Expenses 500 500 14. Other 8000 8000 Total Expenditure: 253588 82960 336548 Less Funding 82960 82960 Non Match USDA. 55,056/.53 29180 29180 Non Match Cash: . W ... dr{s, < 36750 36750 Program Income 55,056/.93 51202 51202 Total Funding Request 136456 136456 U6~ ( ) , Phone No.: 3CJ t.{--S43if Prepared By: Jeannie Llovd I . ~.~ I I San Bernardino County- DAAS Form 112 sed 01/08/01 BG funds, United Way Funds, etc. 'a .<(.' I Provide information regarding specific in-kind to be used as match. Include site location, if applicable, descriptions, rates and other relevant information. The total should equal the amount of in-kind reported as match on our bud et summa . Personnel-Senior Recreation Supervisor Program Wide Raw Food Program Wide ~'-.... Insurance Program Wide Repairs/Maintenance Program Wide Rent/Building Space Program Wide Utilities Program Wide Volunteer Expenses Program Wide Other Program Wide 2.>.f1- :I .;7' _~:~,~...... ;- ~ '..... -<- ~ >io'- i J c):; .9 -;76, 14 ~) I ) (" , J J ) ](f / :,/ " ;,.J ~/L.. (". iJ., ..;. ,.,/, f/ " 6ob/ "(Identify type of in-kind: rent, volunteer services, etc.) DATE OF SUBMISSION If-- tl,-, VI PROVIDER NAME City of San Bernardino Senior Nutrition Program San Bernardino County-OAAS Fonn 332-Revised 01/02198 \ ~ ...1. , ATTACHMENT C San Bernardino County CDA 217 (6/96) Department of Aging and Adult Services CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the breaking of any federal grant, the making of any federal loan, the entering into of -aQy cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was - made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of San Bernardino CONTRACTOR California STATE 'I' &~fG 1M tITLE {-.-f;)-C'; DATE . . .4.'." ...&. ~ ATTACHMENT D ASSURANCE OF COMPLIANCE WITH THE SAN BERNARDINO COUNTY WELFARE DEPARTMENT NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS City of San Bernardino NAME OF VENDOR/RECIPIENT HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular Section 272.6; title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-11139.5, as amended; California Government Code Section 12940 (c), (h), (i), and 0); California Government code, Section 4450; Title 22, California Code of Regulations 98000-98413, and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts 80, 94, and 91, 7 CFR Part IS, and 2~ CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs-are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited. BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to pennit effective enforcement of the aforementioned laws, rules and regulations and pennit authorized CDSS and/or federal government personnel, during nonnal working hours, to review such records, books and accounts as needed to ascertain compliance. Ifthere are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 1 I 135-11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance. THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance. (rf;)--O! Date U~/lt1; J i& I1Gt'-V Director's Signature 547 N. Sierra Way San Bernardino. CA 92410-4816 Address of VendorlRecipient (611199) c o o ~~~y L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO.6 TO THE SENIOR NUTRITION CONTRACT NO. 01- 687 BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES FOR SENIOR NUTRITION SERVICES THROUGH JUNE 30, 2004. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby authorizes the Mayor or her designee to execute Amendment No. 6 to the Senior Nutrition Contract No. 01-687 with the County of San Bernardino Department of Aging and Adult Services to amend Section VI Paragraph F and G, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced amendment IS rescinded if the parties to the amendment fail to execute it within one hundred twenty (120) days of the passage of this resolution. III III III /11 III III III III 1/1 III c o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO.6 TO THE SENIOR NUTRITION CONTRACT NO. 01- 687 BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES FOR SENIOR NUTRITION SERVICES THROUGH JUNE 30, 2004. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2004. Approved as to Form and legal content: JAMES F. PENMAN, City Att~rn y By" ExhibK IAI FOR COUNTY USE ONLY STANDARD CONTRACT New Vendor Code Depl. Contract Number - SC A X Change CITYOFS772 OOA 01-687 A-6 - Cancel County Department Depl. Orgn. Contractor's License No. Aaina and Adult Services OOA SBG County Department Contract Representative Telephone Total Contract Amount Regina Dalton 388-0241 $586,446 Contract Type o Revenue lKJ Encumbered o Unencumbered o Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 07/01/2001 06/30/2004 $168,548 $-0- Fund I Dept. I Organization Appr. ObjlRev Source GRC/PROJ/JOB No. Amount AAF OOA SBG 200 2445 , $-0- Project Name Estimated Payment Total by Fiscal Year Nutrition for Seniors FY Amount 110 FY Amount lID - - - - c~ County of San Bernardino FAS THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name City of San Bernardino ;( )rth Sierra Way San Bernardino, CA 92410-4816 Phone Birth Date 909 384-5030 hereinafter called "Contractor" FederallD No. or Social Security No. 95-60000772 IT IS HEREBY AGREED AS FOllOWS: Amendment No.6 It is hereby agreed to amend Contract No. 01-687 as follows: VI. RIGHT TO MONITOR AND AUDIT Paragraph F to read as amended: F. Contractors who expend more than $500,000 of aggregate federal awards shall arrange for an audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98-502 as revised in the Federal Register June 27, 2003 and shall submit a copy to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 o Page 1 of 2 Paragraph G to read as amended: If Contractor is a public or private entity: 1. Non-profit institutions expending more than $500,000 a year in aggregate federal awards shall have an audit made in accordance with the provisions of Office Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and other non-profit institutions. Non-profit institutions that expend less than $500,000 a year in aggregate federal awards are exempt from federal audit requirements for that year. However, alternative procedures shall be performed to ensure that federal awards are used for authorized purposes under OMB Circular A-11 0 or OMB Circular A-1 02. Any non-profit institution that obtains audit reports but is not required to, shall not be reimbursed for audit report expenses. OG. 2. 3. All other terms and conditions of this Contract, Contract No. 01-687, shall remain the same and are incorporated herein by this reference. This amendment shall become effective upon execution by both parties. C~TY OF SAN BERNARDINO City of San Bernardino V (Print or type name of corporation, company, contractor, ete.) · By · Dennis Hansberger, Chairman, Board of Supervisors (Authorizedsignature-sign in blue ink) Dated Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title CHAIRMAN OF THE BOARD (Print or Type) Clerk of the Board of Supervisors of the County of San Bernardino. Daten By Deputy Address 547 North Sierra Way San Bernardino, CA 92410-4816 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature . Phebe W. Chu, Deputy County Counsel . Lori Ciabattini, HSS Contract Compliance . Mary R. Sawicki. Director Date Date Date dConuo"e~Recorder I Page 20f 2