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HomeMy WebLinkAbout2011-081 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. 2011-81 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO CONTRACT 10-318 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES (DAAS) FOR THE SENIOR NUTRITION PROGRAM AND TO AUTHORIZE THE ISSUANCE AND INCREASE OF ANNUAL PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED $116,082 IN THE AGGREGATE TO SYSCO FOODS, MERIT DAY, ROSS SWISS, AND A NEW FOOD DISTRIBUTOR, US FOODSERVICE; FOR FY 2010-11 THROUGH FY 2012-13. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: WHEREAS, the City has previously received $176,960 in grant funds from the County of San Bernardino, Department of Adult and Aging Services, for grant cycle 2010-2011, and; WHEREAS, Sysco Foods, Merit Day, and Ross Swiss currently provide food services under annual P.O. approval to the San Bernardino Senior Nutrition Program through a fiscal year contract with the County of San Bernardino Department of Aging and Adult Services: SECTION 1. That the City Manager is hereby authorized to execute a FAS Standard Agreement with the County of San Bernardino, for an Amended grant in the amount of $259.462 for a one-year period - July I, 2010 through June 30. 20 II, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length; and SECTION 2. That the Director of Finance is hereby authorized to increase and Issue annual purchase orders to Sysco Foods, Merit Day, Ross Swiss and US Foodservice for food services in an aggregate amount not to exceed $116,082 for FY 20 10-11, plus two single year renewal options: as outlined in the staff report. The exercising of renewal options will be at the City's discretion and subject to funding budgeted in Fiscal Years 2011-12 and 2012-13. 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 2011-81 RESOLUTION NO. 2011-81 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO CONTRACT 10-318 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES (DAAS) FOR THE SENIOR NUTRITION PROGRAM AND TO AUTHORIZE THE ISSUANCE AND INCREASE OF ANNUAL PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED $116,082 IN THE AGGREGATE TO SYSCO FOODS, MERIT DAY, ROSS SWISS, AND A NEW FOOD DISTRIBUTOR, US FOODSERVICE; FOR FY 2010-11 THROUGH FY 2012-13. SECTION 3. That the authorization granted hereunder shall expire and be void and of no further effect if the Standard Agreement is not executed by both parties and returned to the Office of the City Clerk within one hundred and twenty days (120) days following effective date of the Resolution. III III III III Iii III III III III III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 RESOLUTION NO. 2011-81 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO CONTRACT 10-318 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES (DAAS) FOR THE SENIOR NUTRITION PROGRAM AND TO AUTHORIZE THE ISSUANCE AND INCREASE OF ANNUAL PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED $116,082 IN THE AGGREGATE TO SYSCO FOODS, MERIT DAY, ROSS SWISS, AND A NEW FOOD DISTRIBUTOR, US FOODSERVICE; FOR FY 2010-11 THROUGH FY 2012-13. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 9 joint Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 4th day of April , 2011, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x VACANT BRINKER x SHORETT x KELLEY x JOHNSON x MC CAMMACK x ~htu~ City Clerk The foregoing resolution is hereby approved this SF" day of April . 20 II. ~~ City of San Bernardino Approved as to Form: J mes F. Penman, City Attorney EXHIBIT A 2011-81 ~ ~ New Vendor Code Dept. Contract Number Change CITYOFS772 SC OOA A 10-318A-1 -,=; Cancel County Department Dept. Orgn, Contractor's License No. Aging and Adult Services OOA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Wendy Everett (909) 387-2917 $ 259,462 FAS n Revenue [XJ Encumbered Contract Type n ri - Unencumbered Other: STANDARD CONTRACT If not encumbered or revenue contract tvne, provide reason: I Commodity Code rontract Start Date Contract End Date Original Amount Amendment Amount 95200 July 1, 2010 June 30, 2011 $176,960 $ 82,502 Fund Dept. Organization Appr Obj/Rev Source GRCIPROJIJOB No Amount AAF OOA 210 I 200 2445 , $ 71,607 Fund Dept. Organization Appr Obj/Rev Source GRCIPROJIJOB No. Amount AAF OOA 235 , 200 2445 , $ 10,895 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJIJOB No. Amount , Project Name Estimated Payment Total by Fiscal Year Elderly Nutrition Services FY Amount 110 FY Amount I/O Program 10/11 $82,502 I - - - - FOR COUNTY USE ONL Y THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called Contractor Address 300 North 0 Street San Bernardino, CA 92418 Telephone Federal 10 No. or Social Security No. (909) 384-5231 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO.1 It is hereby agreed to amend Contract No. 10-318 as follows: III. CONTRACTOR GENERAL RESPONSIBILITIES Paragraph B is amended to read as fOllOWS: B. Without the prior written consent of the Assistant Executive Officer for Human Services, this Contract is not assignable by Contractor either in whole or in part, Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Assistant Executive Officer - Human Services or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fUllY responsible for the performance of any subcontractor. Auditor/Controller-Recorder Use Onl o Contract Database 0 F AS Input Date Keyed By Page 1 of 6 EXHIBIT A 2011-81 Paragraph EE is added to read as follows: EE. Subcontracting 1 . General a. Without the prior written consent of the Director of OMS or his/her designee, this Contract is not assignable by Contractor either in whole or in part. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of OMS or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fully responsible for the performance of any subcontractor. Contractor must include all required subcontract language in its contract with any subcontractor (see Attachment M-Required Subcontract Language). b. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of the County. 2. Awards a. Policies and procedures used in processing and awarding the subcontracts must be: 1. Organized and structured; 2. Reasonable and equitable; 3. Documented and approved by appropriate authorities; 4. Consistent with applicable federal, state, and local procurement requirements; 5. Uniformly applied; and 6. Open for public review and scrutiny. b. Copies of subcontracts, 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. c. A copy of the executed subcontract shall be submitted to the Director of OMS. 3. Financial a. Funds for this Contract shall not be obligated in subcontracts for services beyond the ending date of this Contract. b. Contractor must ensure costs incurred by the subcontractor are verifiable from their records. c. The Contractor shall review, approve, and monitor subcontractor performance, budgets and expenditures pertaining to the contracted service(s). d. If applicable " The Contractor shall monitor on an ongoing basis, the subcontractor's use of federal and state funds through reporting, site visits, regular contact or other means to provide reasonable assurance that the subcontractor administers funds in compliance with laws, regulations, and the provisions of contracts. (OMB Circular A- 133.400(d)(3). 1 OMS a lies if a Revised 1/11/2011 Page 2 of6 EXHIBIT A 2011-81 e. The maximum reimbursement amount allowable for indirect costs is 8% of subcontractor's direct costs, excluding in-kind contributions and nonexpendable equipment. 4. Monitoring a. Contractor shall monitor the budget and expenditures of its subcontractors and/or vendors. b. Contractor shall report immediately to the OMS in writing any incidents of alleged fraud and/or abuse by either the Contractor or Subcontractor. c. The contractor shall monitor the insurance requirements of its subcontractors and/or vendors. d. Contractor shall monitor the performance of its subcontractors and/or vendors requiring subcontractor to maintain adequate staff. e. The contractor shall satisfy, settle, and resolve all administrative, programmatic, and fiscal aspects of the program(s), including issues that arise out of any subcontract agreement. f. The contractor shall not delegate or contract the above responsibilities to any other entity, including but not limited to disputes, claims, protests of award, or other matters of a contractual nature. g. The contractor will provide support and technical assistance to subcontractors and respond in writing to all written requests for direction, guidance, and interpretation of instructions to include client and service data. 5. Subcontract Termination a. Contractor shall notify OMS in writing of termination of this subcontract within three (3) business days of receipt of notification of intent to terminate subcontracted service(s). V. FISCAL PROVISIONS Paragraph A is amended to read as follows: A. The maximum amount of funds available for payment under this Contract shall not exceed $259,462, of which $245,861 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem. Paragraph B is amended to read as follows: B. Contractor shall be compensated on a fee-for-service basis based on the following rate, as specified in Scope of Work (Attachment A): Fiscal Year 2010/11 Congregate Site: $5.53 per meal, up to 46,228 meals Paragraph M, item 1 is amended to read as follows: M. Matching contributions 1. The Contractor shall provide in-kind matching contributions of a minimum of $25,560, which is the Title III portion of the Contract multiplied by 11.11 %. Revised 1/1112011 Page 3 of 6 2011-81 EXHIBIT A Paragraph N is amended to read as follows: N. The County shall pay Contractor for the authorized services of the previous month. Under normal conditions, Contractor shall expect payment approximately 45 days after submission of a correctly prepared invoice. VII. CORRECTION OF PERFORMANCE DEFICIENCIES Section C is amended to read as follows: C. Appeal Procedures If Contractor disagrees with any decision or action taken by the County or DMS related to this Contract, Contractor may choose to file a formal grievance by following the procedures below: 1. The Contractor shall file a formal written grievance with the DMS Deputy Director of Administrative Services ("DMS Deputy Director") within fifteen (15) 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 DMS Deputy Director shall provide a written response to Contractor within fifteen (15) business days of receipt of the grievance. 2. If Contractor is not satisfied with the DMS Deputy Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the DMS Deputy Director's response is not satisfactory, to the Director of DMS within fifteen (15) business days of receipt of the DMS Deputy Director's response. The filing address is 686 East Mill Street, San Bernardino, California, 92415-0640. The Director of DMS shall provide a written response to Contractor within fifteen (15) business days. The Director of DMS shall have final authority for the decision on the grievance except as provided below. 3. If Contractor is not satisfied with the DMS Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the DMS Director's response is not satisfactory, to the Assistant Executive Officer (AEO) of Human Services within fifteen (15) business days of receipt of the DMS Director's response. The filing address is 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, California, 92415-0128. The Assistant Executive Officer shall provide a written response to Contractor within fifteen (15) business days. The Assistant Executive Officer shall have final authority for the decision on the grievance except as provided below. 4. For those appeals which involve CDA programmatic policies and directives issued to the County and contained within this Contract, the following applies. If Contractor is not satisfied with the AEO's decision, the written grievance may be registered in writing with the CDA, Case Management Branch, 1300 National Drive, Suite 200, Sacramento, California, 95834, within fifteen (15) business days following receipt of the AEO's decision. Contractor shall submit to CDA the original written grievance along with a copy of the DMS Deputy Director's written response, the Contractor's appeal to the Director of DMS, the Director of DMS' decision, the Contractor's appeal to the Assistant Executive Officer, and the Assistant Executive Officer's decision. CDA shall have final authority for the decision on the grievance. x. GENERAL PROVISIONS Paragraph D, items 1 and 17 are amended to read as follows: 1. Unless otherwise provided for in this Section, property refers to all assets, capitalized or non- capitalized, used in operation of this Contract. Revised 1/11/2011 EXHIBIT A 2011-81 a. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc. b. Property does not include consumable office supplies such as paper, pencils, typing ribbons, file folders, etc. 17. All equipment purchases of $5,000.00 or more require the written approval of the Director of OMS or his/her designee prior to purchase. Paragraph 0, item 18 is added to read as follows: 18. All property purchases require the following: Contractor must seek bids from "multiple firms" in selecting a supplier of goods. "Multiple" firms means a minimum of three (3) separate and distinct business entities in competition to supply the same or similar good. When selecting a bid, Contractor must consider such factors as type of goods/supplies needed, cost, schedule, and availability. Revised 1/1112011 Page 5 of6 EXHIBIT A 2011-81 ATTACHMENT A - SCOPE OF WORK: Fiscal Year 2010-11 dated March 7. 2011 is added to this Contract. ATTACHMENT B - BUDGET - Fiscal Year 2010-11 dated March 11. 2011 is added to this Contract. ATTACHMENT M - REQUIRED SUBCONTRACT LANGUAGE is added to this Contract. All other terms and conditions remain in full force and effect. COUNTY OF SAN BERNARDINO City of San Bernardino ~ Josie Gonzales, Chair, Board of Supervisors By ~ (Authorized signature - 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 CHAIRMAN OF THE BOARD Laura H. Welch Clerk of the Board of Supervisors of the County of San Bernardino Title (Print or Type) Dated: By Deputy Address 300 North D Street San Bernardino. CA 92418 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ~ Jacqueline Carey-Wilson, County Counsel ~ Lory Klopfer, Contracts Manager ~ Colleen Krygier, Director Date Date Date Auditor/Controller.Recorder Use Onlv o Contract Database 0 FAS Input Date I Keyed By Page 6 of 6 EXHIBIT A 2011-81 CONGREGATE SITES C 1 CITY OF SAN BERNARDINO BUDGET LINE ITEMS FOR NUTRITION SERVICES Fiscal Year 2010/2011 PROPOSED BUDGET AMENDMENT o HOME DELIVERED MEALS C 2 o a b C-a+b Cost to Provider tor the year Expenditure Cateaorv: Cash in-Kind Annual Expense 1 Personnel 132,207 36,300 168,507 2 Staff Travel 0 3 Stott Training 0 4 Equipment 0 5 Consultants 9,918 9,918 6 Food Cost 105,802 10,000 115,802 7 Consumable Supplies 10,280 10,280 8 Insurance 0 9 Repair & Maintenance 30,734 30,734 10 Renf/Building Space 0 11 Utilities 21,929 21,929 12 Vehicle Operations 3,000 3,000 13 Volunteer Expenses 0 14 Other Expenses 14,756 14,756 15 Nutrition Education 785 785 Total Expenditures 307,482 68,229 375,711 County Contract Revenue Sources: Title IIIC 153,940 153,940 NSIP 22,235 22,235 One Time Only 3,036 3,036 CDBG - DAAS 0 CDBG - ECD 0 ReAllocated Funds 79,466 79,466 Nutrition Education 785 785 Total County Contract Revenue Sources 259,462 259,462 Other Revenue Sources: Program Income 40,000 40,000 Deterred Income 0 Matching Cash 0 Matching In-Kind 68,229 68,229 Non-Match Cash 8,020 8,020 Non-Match In-Kind 0 Total Other Revenue Sources 116,249 116,249 OTal Kevenue 375,711 375,711 3/22/20115:04 PM REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION April 19, 2011 FROM: COLLEEN KRYGIER, Director Department of Aging and Adult Services SUBJECT: AMENDMENTS TO CONTRACTS WITH SENIOR NUTRITION SERVICES PROVIDERS RECOMMENDATION/S} Approve Amendment No. 1 to the senior nutrition services contracts detailed in the Financial Impact section, updating standard contract language, revising California Department of Aging equipment language, and increasing the total contract amount by $603,754, from $3,775,330 to $4,379,084, with no changes to the contract term of July 1, 2010 through June 30, 2011. (Affected Districts: All) (Presenter: Colleen Krygier, Director, 891-3917) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Provide for the Health and Social Services Needs of County Residents. FINANCIAL IMPACT This item does not impact general fund financing (net county cost). Approval of these amendments will increase the total contract amount by $603,754, from $3,775,330 to $4,379,084. Appropriation associated with these amendments will be primarily funded through State and Federal revenue and included in the Department's 2010/11 budget. Funding will be allocated as follows: Contract Current Recommended Recommended Number Agency Contract Increase Total Contract Amount FY 2010/11 Amount 10-309 A-1 Barstow Senior Citizens Center $196,570 $63,398 $259,968 10-310 A-1 Big Bear Valley Park & $24,000 $8,836 $32,836 Recreation District 10-311 A-1 Bonnie Baker Senior Citizens $116,600 $7,926 $124,526 Club 10-317 A-1 Citv of Montclair $94,010 $1,401 $95,411 10-318 A-1 Citv of San Bernardino $176,960 $82,502 $259,462 Page 1 of 3 Rev 1.19.11 cc: Aging & Adult Services-Everett w/agreements & Krygier Contractor c/o Aging & Adult Services w/agreement Auditor-Accounts Payable Manager w/agreements EBIX-BPO c/o Risk Management Human Services-Klopfer County Counsel-Carey-Wilson CAO-Ciabattini & Rocha File - w/agreement ml 04/22/11 ITEM 5 MOTION AYE 4 AYE 5 BY BOARD OF SUPERVISORS AMENDMENTS TO CONTRACTS WITH SENIOR NUTRITION SERVICES PROVIDERS APRIL 19,2011 PAGE 2 OF 3 Contract Current Recommended Recommended Number Agency Contract Increase Total Contract Amount FY 2010/11 Amount 10-312 A-1 Crest Forest Senior Citizens $64,000 $577 $64,577 Club 10-313 A-1 Family Service Association of $1,247,740 $265,915 $1,513,655 Western Riverside Countv 10-314 A-1 Hi Desert Meais on Whee is, $455,820 $6,155 $461,975 Inc. 10-315 A-1 Lucerne Valley Senior Citizens $22,120 $12,322 $34,442 Center 10-316 A-1 Steelworkers/Oidtimers $1,377,510 $154,722 $1,532,232 Foundation Total $3,775,330 $603,754 $4,379,084 BACKGROUND INFORMATION On March 22, 1972, President Nixon signed into law the Nutrition Program for the Elderly Act, establishing the Senior Nutrition program as part of the Older Americans Act (OM). This legislation created the congregate and home-delivered nutrition programs. These programs provide nourishing meals and nutrition education and counseling to people 60 years of age or older and their spouses. Since 1978, the Department of Aging and Adult Services (OMS) has administered the Senior Nutrition Program for the County of San Bernardino. During the first six months of 2010/11, this program served approximately 186,443 congregate and 202,664 home delivered meals through contracted vendors. On May 25, 2010, as a result of a Request for Proposal, the Board of Supervisors (Board) approved contracts with the ten agencies listed in the financial impact section, in the amount of $3,775,330 to provide senior nutrition services for the period of July 1, 2010 through June 30, 2011. On February 15, 2011, OMS received notice from the California Department of Aging that additional Federal One-Time-Only funding in the amount of $242,385 had been allocated to the Department for 2010/11. OMS recommends using this funding to help increase the number of meals provided to eligible seniors, purchase nutrition equipment and consumable supplies, and purchase needed kitchen fire-suppression equipment required for some congregate sites to pass fire inspection. The remaining increase, $361,369, will be primarily funded through unexpended 2010-11 funding for senior nutrition. In addition, the contracts will be amended to include revised California Department of Aging contract language regarding equipment purchase limits. Approval of this item will allow OMS to continue to provide nutrition services to eligible clients through contracted vendors; update contract language; and increase the total contract amount by $603,754, from $3,775,330 to $4,379,084. The contracts may be terminated without cause by the County by serving a written notice to the Contractor thirty days in advance of termination. 04/19/11 #5 BOARD OF SUPERVISORS AMENDMENTS TO CONTRACTS WITH SENIOR NUTRITION SERVICES PROVIDERS APRIL 19, 2011 PAGE 3 OF 3 Contractor performance will continue to be measured by reviewing monthly reports and an annual site visit by County staff to ensure compliance with the administrative, fiscal, and program terms and conditions of the contract. REVIEW BY OTHERS These amendments have been reviewed by Human Services Contracts (Lory Klopfer, Contracts Manager, 388-0250) on March 21, 2011, and County Counsel (Jacqueline Carey-Wilson, Deputy County Counsel, 387-4334) on March 24,2011. This item has been reviewed by the County Administrative Office [Lori Ciabattini (388-0253) and Arnold Rocha (386-8392), Administrative Analysts] on April 4, 2011. 04/19/1] #5 2011-81 If ~New Vendor Code Oepl. Contract Number Change CITYOFS772 SC OOA A 10-318 A-1 nl Cancel County Department Oepl. Orgo. Contractor's License No. Aging and Adult Services OOA County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Wendy Everett (909) 387-2917 $ 259,462 FAS n ~evenue 15<1 Encumbered ~ontract. Type n Ot.her: Unencumbered STANDARD CONTRACT If not encumbered or revenue contract tvoe, nrovide reason: I Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 95200 July 1, 2010 June 30, 2011 $176,960 $ 82,502 Fund Oepl. Organization Appr. Obj/Rev Source GRCfPROJ/JOB No Amount AAF OOA 210 200 2445 $ 71 ,607 Fund Oepl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAF OOA 235 200 2445 $ 10,895 Fund Dept. Organization Appr. Obj/Rev Source GRCfPROJ/JOB No. Amount , Project Name Estimated Payment Total by Fiscal Year Elderly Nutrition Services FY Amount 110 FY Amount 110 Program 10/11 $82,502 I - - - - FOR COUNTY USE ONL Y THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called Contractor Address 300 North D Street San Bernardino, CA 92418 Telephone FederallD No. or Social Security No. (909) 384-5231 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO.1 It is hereby agreed to amend Contract No. 10-318 as fOllOWS: III. CONTRACTOR GENERAL RESPONSIBILITIES Paragraph B is amended to read as follows: B. Without the prior written consent of the Assistant Executive Officer for Human Services, this Contract is not assignable by Contractor either in whole or in part. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Assistant Executive Officer - Human Services or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fUlly responsible for the performance of any subcontractor. Auditor/Controller-Recorder Use Onl o Contract Database 0 FAS Input Date Keyed By Page 1 of 6 2011-81 Paragraph EE is added to read as follows: EE. Subcontracting 1. General a. Without the prior written consent of the Director of DMS or his/her designee, this Contract is not assignable by Contractor either in whole or in part. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DMS or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fully responsible for the performance of any subcontractor. Contractor must include all required subcontract language in its contract with any subcontractor (see Attachment M-Required Subcontract Language). b. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of the County. 2. Awards a. Policies and procedures used in processing and awarding the subcontracts must be: 1. Organized and structured; 2. Reasonable and equitable; 3. Documented and approved by appropriate authorities; 4. Consistent with applicable federal, state, and local procurement requirements; 5. Uniformly applied; and 6. Open for public review and scrutiny. b. Copies of subcontracts, 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. c. A copy of the executed subcontract shall be submitted to the Director of DMS. 3. Financial a. Funds for this Contract shall not be obligated in subcontracts for services beyond the ending date of this Contract. b. Contractor must ensure costs incurred by the subcontractor are verifiable from their records. c. The Contractor shall review, approve, and monitor subcontractor performance, budgets and expenditures pertaining to the contracted service(s). d. If applicable " The Contractor shall monitor on an ongoing basis, the subcontractor's use of federal and state funds through reporting, site visits, regular contact or other means to provide reasonable assurance that the subcontractor administers funds in compliance with laws, regulations, and the provisions of contracts. (OMB Circular A- 133.400(d)(3). 1 OMS applies if aggregate expenditures of $500,000 in federal funds are spent in one fiscal year. Revised 1/11/2011 Page 2 of 6 2011-81 e. The maximum reimbursement amount allowable for indirect costs is 8% of subcontractor's direct costs, excluding in-kind contributions and nonexpendable equipment. 4. Monitoring a. Contractor shall monitor the budget and expenditures of its subcontractors and/or vendors. b. Contractor shall report immediately to the DMS in writing any incidents of alleged fraud and/or abuse by either the Contractor or Subcontractor. c. The contractor shall monitor the insurance requirements of its subcontractors and/or vendors. d. Contractor shall monitor the performance of its subcontractors and/or vendors requiring subcontractor to maintain adequate staff. e. The contractor shall satisfy, settle, and resolve all administrative, programmatic, and fiscal aspects of the program(s), including issues that arise out of any subcontract agreement. f. The contractor shall not delegate or contract the above responsibilities to any other entity, including but not limited to disputes, claims, protests of award, or other matters of a contractual nature. g. The contractor will provide support and technical assistance to subcontractors and respond in writing to all written requests for direction, guidance, and interpretation of instructions to include client and service data. 5. Subcontract Termination a. Contractor shall notify DMS in writing of termination of this subcontract within three (3) business days of receipt of notification of intent to terminate subcontracted service(s). V. FISCAL PROVISIONS Paragraph A is amended to read as follows: A. The maximum amount of funds available for payment under this Contract shall not exceed $259,462, of which $245,861 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem. Paragraph B is amended to read as follows: B. Contractor shall be compensated on a fee-for-service basis based on the following rate, as specified in Scope of Work (Attachment A): Fiscal Year 201 0/11 Congregate Site: $5.53 per meal, up to 46,228 meals Paragraph M, item 1 is amended to read as follows: M. Matching contributions 1. The Contractor shall provide in-kind matching contributions of a minimum of $25,560, which is the Title III portion of the Contract multiplied by 1111 %. Revised 1/11/2011 Page 3 of 6 2011-81 Paragraph N is amended to read as follows: N. The County shall pay Contractor for the authorized services of the previous month. Under normal conditions, Contractor shall expect payment approximately 45 days after submission of a correctly prepared invoice. VII. CORRECTION OF PERFORMANCE DEFICIENCIES Section C is amended to read as follows: C. Appeal Procedures If Contractor disagrees with any decision or action taken by the County or OMS related to this Contract, Contractor may choose to file a formal grievance by following the procedures below: 1. The Contractor shall file a formal written grievance with the OMS Deputy Director of Administrative Services ("OMS Deputy Director") within fifteen (15) 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 Deputy Director shall provide a written response to Contractor within fifteen (15) business days of receipt of the grievance. 2. If Contractor is not satisfied with the OMS Deputy Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the OMS Deputy Director's response is not satisfactory, to the Director of OMS within fifteen (15) business days of receipt of the OMS Deputy Director's response. The filing address is 686 East Mili Street, San Bernardino, California, 92415-0640. The Director of OMS shall provide a written response to Contractor within fifteen (15) business days. The Director of DMS shall have final authority for the decision on the grievance except as provided below. 3. If Contractor is not satisfied with the OMS Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the OMS Director's response is not satisfactory, to the Assistant Executive Officer (AEO) of Human Services within fifteen (15) business days of receipt of the OMS Director's response. The filing address is 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, California, 92415-0128. The Assistant Executive Officer shall provide a written response to Contractor within fifteen (15) business days. The Assistant Executive Officer shall have final authority for the decision on the grievance except as provided below. 4. For those appeals which involve CDA programmatic policies and directives issued to the County and contained within this Contract, the following applies. If Contractor is not satisfied with the AEO's decision, the written grievance may be registered in writing with the CDA, Case Management Branch, 1300 National Drive, Suite 200, Sacramento, California, 95834, within fifteen (15) business days following receipt of the AEO's decision. Contractor shall submit to CDA the original written grievance along with a copy of the OMS Deputy Director's written response, the Contractor's appeal to the Director of OMS, the Director of OMS' decision, the Contractor's appeal to the Assistant Executive Officer, and the Assistant Executive Officer's decision. CDA shall have final authority for the decision on the grievance. x. GENERAL PROVISIONS Paragraph 0, items 1 and 17 are amended to read as follows: 1. Unless otherwise provided for in this Section, property refers to all assets, capitalized or non- capitalized, used in operation of this Contract. Revised 111112011 Page 4 016 2011-81 a. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, intangibles, etc. b. Property does not include consumable office supplies such as paper, pencils, typing ribbons, file folders, etc. 17. All equipment purchases of $5,000.00 or more require the written approval of the Director of DMS or his/her designee prior to purchase. Paragraph D, item 18 is added to read as follows: 18. All property purchases require the following: Contractor must seek bids from "multiple firms" in selecting a supplier of goods. "Multiple" firms means a minimum of three (3) separate and distinct business entities in competition to supply the same or similar good. When selecting a bid, Contractor must consider such factors as type of goods/supplies needed, cost, schedule, and availability. Revised 1/11/2011 Page 5 016 ATTACHMENT A - SCOPE OF WORK: Fiscal Year 2010-11 dated March 7. 2011 is added to this Contract. ATTACHMENT B - BUDGET - Fiscal Year 2010-11 dated March 11. 2011 is added to this Contract. ATTACHMENT M - REQUIRED SUBCONTRACT LANGUAGE is added to this Contract. All other terms and conditions remain in full force and effect. COUNTY OF SAN BERNARDINO a~~s"~~ Dated APR 1 9 2011 (Authorized signature "gn in e ink) Name CWtv\M ~ ~ (Print or type name of person signing c tract) Title Q1~rin~~~~ Dated 0<-\- 0' -\ \ By Address 300 North D Street San Bernardino CA 92418 o Legal Form Date if-oJ' II Auditor/Controller-Recorder Use Onl o Contract Database 0 F AS Input Date Keyed By Page 6 of 6 2011-81 ATTACHMENT A _ SCOPE OF WORK: Fiscal Year 2010-11 dated March 7. 2011 is added to this Contract. ATTACHMENT B - BUDGET - Fiscal Year 2010-11 dated March 11. 2011 is added to this Contract. ATTACHMENT M _ REQUIRED SUBCONTRACT LANGUAGE is added to this Contract. All other terms and conditions remain in full force and effect. COUNTY OF SAN BERNARDINO City of San Bernardino ~ Josie Gonzales, Chair, Board of Supervisors By ~ (Authorized signature - 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 CHAIRMAN OF THE BOARD Laura H. Welch Clerk of the Board of Supervisors of the County of San Bernardino Title (Print or Type) Dated: By Address 300 North D Street Deputy San Bernardino. CA 92418 APPROVED AS TO FORM: James F. Penman, City Attorney ~ Lory Klopfer, Contracts Manager S for Si9natur~ :: Approved as to Legal Form Reviewed by Contract Compliance ~ Jacqueline Carey-Wilson, County Counsel ~ Colleen Krygier, Director ,,-j Date Date Date Auditor/Controller-Recorder Use Onl o Contract Database 0 F AS Input Date Keyed By Page 6 of 6 2011-81 CITY OF SAN BERNARDINO BUDGET LINE ITEMS FOR NUTRITION SERVICES F~caIYear2010/2011 PROPOSED BUDGET AMENDMENT CONGREGATE SITES C I o HOME DELIVERED MEALS C 2 D a I b C=a+b Cost to Provider for the year Expenditure Cateaorv: Cash In-Kind Annual EXDense 1 Personnel 132,207 36,300 168,507 2 Staff Travel 0 3 Staff Training 0 4 Equipment 0 5 Consultants 9,918 9,918 6 Food Cost 105,802 10,000 115,802 7 Consumable Supplies 10,280 10,280 8 Insurance 0 9 Repair & Maintenance 30,734 30,734 10 Rent/Building Space 0 11 Utilities 21,929 21,929 12 Vehicle Operations 3,000 3,000 13 Volunteer Expenses 0 14 Other Expenses 14,756 14,756 15 Nutrition Education 785 785 Total Expenditures 307,482 68,229 375,711 County Contract Revenue Sources: '.. , ". TitielllC 153,940 153,940 NSIP 22, 235 .... 22,235 One Time Oniy 3,036 3,036 CDBG - DAAS I.. 0 CDBG - ECD 0 ReAliocated Funds 79,466 ..... 79,466 Nutrition Educalion 785 ." 785 Total County Contract Revenue Sources 259,462 "/ '.. 259,462 other Revenue Sources: ,/'iM Program Income 40,000 .... 40,000 Deferred Income ,'" 0 Matching Cash I" ...... 0 Matching In-Kind 68,229 I'" 68,229 Non-Match Cash 8,020 ..... ....., 8,020 Non-Match In-Kind i..... 0 Total other Revenue Sources 116,249 116,249 ITotal Revenue 375,711 375,711 3/22/20115:05 PM ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY2010/11 March 7, 2011 This Scope of Work contains the measurable objectives mandated by the Department of Aging and Adult Services (DMS) and the California Department of Aging (CDA) required of the Elderly Nutrition Program (ENP) Provider, The Scope of Work specifies and establishes monthly, quarterly, and annual time frames and constitutes the primary document for on-going monitoring and annual Program and Fiscal monitoring. It will be used to measure the Provider's efforts towards providing quality nutrition services. Contractor: Citv of San Bernardino Service Area: San Bernardino and Surroundinq Areas I. Program Description: A. Purpose - The purpose of the ENP is to provide nutrition services as described in the Older Americans Act (OM) of 1965, as amended, and to assist older individuals in California to live independently, by promoting better health through improved nutrition, and reduced isolation through programs coordinated with nutrition-related supportive services. B. Definition - Nutrition Services means the procurement, preparation, transport, and service of meals, nutrition education, nutrition screening, and nutrition counseling, to eligible individuals at congregate sites or in their homes. C. Goals - to maintain or improve the physical, psychological, and social well being of older individuals, by providing or securing appropriate nutrition services. D. Objectives: 1. Give preference to older individuals in greatest economic or social need with particular attention to low-income minority individuals. 2. Serve meals that provide one-third (1/3) of the Recommended Dietary Allowances (RDA's) and are safe and of good quality. 3. Promote and maintain high food safety and sanitation standards. 4. Promote good health behaviors through nutrition education and nutrition screening of participants. 5. Promote or maintain coordination with other nutrition-related supportive services for older individuals. E. Target Population - The ENP Provider shall target individuals who are sixty (60) years of age or older, minorities, low income and living in rural areas of the County of San Bernardino. II. Eligibility for Nutrition Services: A. Congregate Meals - Individuals eligible to receive a meal at a congregate nutrition site are: 1. Any older individual 60 or older. 2. The spouse of any older individual 60 or over. 3. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals (60 or over) at which congregate nutrition services are provided. 4. A disabled individual who resides at home with and accompanies an older individual who participates in the program. B. Volunteer Meals: 1. A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual who is 60 or over of a meal. C. Home-Delivered Meals - Individuals eligible to receive a home-delivered meal are: 1. Any older individual who is frail, as defined below, and homebound by reason of illness, disability, or isolation: a) "Frail" means that an older individual is determined to be functionally impaired because the individual either: (1) Is unable to perform at least two (2) activities of daily living, including bathing, tOileting, dressing, feeding, breathing, transferring and mobility and associated Page 1 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 tasks, without substantial human assistance, including verbal reminding, physical cueing or supervision. (2) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that posses a serious health or safety hazard to the individual or to others. 2. A spouse of a person in sub-section (C)(1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual. 3. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. 4. Priority shall be given to older individuals in sub-section (C)(1) above. III. Requirements for Nutrition Services: A. Congregate Meals: 1. Each Congregate Meal Provider shall: a) Include procedures for obtain the views of participants about the services received. b) Not preclude the service of a meal to a participant who has failed to make a reservation when food is available. c) Ensure each Congregate Meal participant completes sections I and IV of the Client Intake Sheet (provided by DAAS) on the first day of service and annually thereafter. d) Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS. 2. Each Congregate Meal site shall meet all of the following: a) Have a paid staff or volunteer designated to be responsible for the day-to-day activities at each site, and physically be on-site during the time that ENP activities are taking place. b) Have restrooms, lighting, and ventilation, which meet the requirements of CURFFL. c) Have equipment, including tables and chairs that are sturdy and appropriate for older individuals. Tables shall be arranged to assure ease of access and encourage socialization. B. Home-Delivered Meals: 1. Develop and implement criteria to assess the level of need for home-delivered nutrition services of each eligible participant. a) An initial determination of eligibility may be accomplished by telephone, This initial contact with the participant shall include completion of sections I, II, III, and IV of the Client Intake Sheet (provided by DAAS). b) A written assessment shall be done in the home within two (2) weeks of beginning meal service, and shall include an assessment of the type of meal appropriate for the participant in their living environment. c) An older individual eligible for receiving home-delivered meals shall be assessed for need of nutrition-related supportive services, and referred as necessary. d) Re-assessment of need shall be determined quarterly. Such re-assessment shall be done in the home of the participant at least every other quarter. Each quarter's re- assessment shall include completion of sections I, II, III, and IV of the Client Intake Sheet (provided by DAAS). 2. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals. 3. Establish a waiting list for home-delivered meals whenever the home-delivered meal providers are unable to provide meals to all eligible individuals. The decision to place eligible recipients of a home-delivered meal on a waiting list, and their position on such a list, shall be based on greatest need and-or in accordance with policy established by the home-delivered meal provider, in consultation with DAAS. 4. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals). Page 2 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY2010/11 March 7, 2011 5. Maintain appropriate documentation on each client. Documentation shali be kept on file to be monitored by OMS. IV, Program Outcomes: A. Total Number of Meals to be Served: 46,228 1. A minimum of 95% of the total number of meals is to be provided. The Director of OMS must approve requests to serve less than 95% of the total number of meals to be provided. All such requests must be in writing. Pro ram: C-1 Con re ate Meals # of Da s of Service: 255 Number of Meals: 46,228 Sites to be Served: 5th Street Senior Center Perris Hill Senior Center Hernandez Community Center Lytle Creek Community Center New Hope Family Life Center Highland Senior Center V, Staffing: A. Manager or Director: 1. The ENP provider shall have a manager on staff who shall conduct the day-to-day management and administrative functions of the ENP, and either have (1), (2), or (3): a) Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years experience as a food service supervisor, or, b) Demonstrate experience in food service, such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, or, c) Two years experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire. 2. The ENP Provider shall maintain documentation on file of the qualifications of the Program Manager or staff. 3. If the Provider has more than one site, the Manager/Director shall monitor the sites on a bi- monthly basis. The bi-monthly visit shall be for the purpose of monitoring the food service practices of the employees and the implementation of the program requirements at the site level. Documentation of each visit shall be maintained on file for DMS review. B. Personnel - Paid StaffNolunteers: 1. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the ENP. The total number of staff should be based on the method and level of services provided and size of the service area. 2. Contractor is encouraged to hire multi-Iingual/multi-cultural staff to increase low-income and ethnic minority program participation in accordance with federal mandates. 3. 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 staff shall be maintained. 4. Contractor shall complete a written work performance evaluation on all paid and volunteer staff at least annually. Page 3 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 5. All staff, paid and volunteer, that will be handling food must be in possession of a current Food Handlers Card. 6. Volunteers shall be recruited and used in any phase of the program operation where qualified. 7. Volunteers shall be screened and selected through a formal process that assesses their capabilities. 8. Volunteers shall receive the same training as paid staff. 9. Volunteers that are paid through other job training programs are not considered volunteers and must be paid the agreed upon rate charged for regular paid staff. 10. The ENP Provider shall maintain a written Volunteer Policy that describes how volunteers are recruited, screened, what topics they are taught at orientation, and how often their performance is evaluated. C. Registered Dietitian: 1. Each ENP Provider shall establish and administer nutrition services with the advice of a Registered Dietitian in accordance with Section 339 of the OAA, and follow the general requirements in Title 22, Division 1.8, Section 7500. 2. The Registered Dietitian will provide the following activities to meet the mandated requirements: a) At a minimum, quarterly monitor for safe food handling and sanitation practices of food facilities. b) Review and approve the content of staff training prior to presentation. c) Develop, or review and approve the cycle menus. d) Provide input, review, and approve the Nutrition Education Plan prior to presentation. e) Provide technical support and assistance as needed. VI. Staff Training Activities: A. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the ENP Provider, as required in Title 22, Division 1.8, Section 7636.7(c). B. The Provider's Registered Dietitian shall review and approve the content of the Plan prior to presentation. C. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled. D. A copy of the Staff Training Plan that has been approved by the Provider's Registered Dietitian must be submitted to DAAS by September 1st of the FY it is being provided in. The OMS Registered Dietitian will review and approve the Staff Training Plan and return it to the Provider. The OMS approved Staff Training Plan must be kept on file. E. A minimum of four (4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and home-delivered meal staff. F. Training sessions shall be evaluated by those receiving the training. G. The ENP Provider shall maintain documentation of each training session on file. Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations. H. All staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks. Training, at a minimum, shall include: 1. Food safety, prevention of food borne illness, and Hazard Analysis Critical Control Points (HACCP) principles. 2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures. 3. Elder Abuse Law and reporting procedures. Page 4 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 VII. Senior Participants: A. Satisfaction Survey: 1. The ENP Provider shall conduct a Client Satisfaction Survey at least annually. The Survey instrument must be approved by DMS prior to its use, and all findings from the Survey must be used to improve services. The Provider must keep the completed Surveys and the tabulated results on file. A copy of the tabulated results must be submitted to DMS by March 3rd of the FY it is being conducted for. B. Complaint Procedures: 1. Each Provider shall have a written Complaint Procedure. 2. The Complaint Procedure will be available for the participants and will provide them the opportunity to provide positive as well as negative feedback to the Program Manager. 3. The Provider shall have an assessment tool readily accessible for the seniors attending the congregate site or receiving a home-delivered meal. C. Nutrition Education Services for Participants: 1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a) Nutrition Education for congregate sites is defined as demonstrations, presentation, lectures or small group discussions, all of which may be augmented with printed materials. b) Nutrition Education for home-delivered meal participants may consist solely of printed material that is in conjunction with a congregate meal Nutrition Education presentation. 2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants. An annual Needs Assessment shall be performed by the ENP Provider to make this determination. 3. The Nutrition Education Plan and annual Needs Assessment must be submitted to DMS by September 151 of the FY it is being provided in. 4. Nutrition Education sessions must be reported monthly to DMS using the Nutrition Education Monthly Service Unit Report. Pro ram: C-2 Home-Delivered Meals # of Units to be Provided: # of Partici ants to be Presented to: VIII. Menu Planning Guidelines/Menu Requirements: A. A minimum of a 3-month cycle shall be planned and submitted to DMS. B. Menu cycles shall include the availability of seasonal foods. C. Health, cultural, ethnic and regional dietary practices shall be considered in menu planning, food selection, and meal preparation. D. The menu cycle shall be approved by the Provider's Registered Dietitian and upon approval forwarded to the DMS Registered Dietitian for certification. Menus shall be submitted to the DMS Registered Dietitian forty-five (45) days prior to the menu start date. Allow thirty (30) days for the menu certification process. Menus will be returned to the Provider at least fifteen (15) days prior to the menu start date. ENP Providers are required to have menus certified prior to the menu start date. All signatures on the menu shall be original signatures. E. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site. F. Copies of the menus shall be made available to the participants upon request. G. When planning the menus, the California Daily Food Guide and the Dietary Guidelines for Americans (DGA) are to be considered. Menus shall conform to the following criteria referenced in the sources: 1. Provide an average of 550-750 calories per meal. Page 5 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 2. Limit total fat to no more than 25-30% of the calories averaged for the week. 3. Choose and prepare foods with low amounts of salt, soy sauce and other high sodium items. 4. Include good sources of dietary fiber such as whole grains and cooked dry beans at least four times a week. 5. Include a variety of foods and preparation methods with consideration to color, combinations, texture, size, shape, taste, and preference of the participants served. 6. Dietary Reference Intake Values: 1. Table one (1) represents the most current Dietary Reference Intakes (DRI) values and daily compliance range for target nutrients. The values provided are based on the U.S. Department of Agriculture (USDA) Food Guide calculated for one (1) meal for a woman over seventy (70) years of age whose activity level is sedentary. This example represents a majority of the older adult population served by the ENP statewide. a. The nutrients selected for this Table are based on the target nutrients to: i. Promote health and prevent disease ii. Prevent deficiencies ili. Indicate diet quality iv. Manage disease Table 1 Target Nutrients Nutrient Target Value * Daily Compliance Range per meal Calories (Kcal) >550 Kcal >550 - 700 Kcal Protein 14gm 14 gm (in the entree) Fat (% of total calories) 30% <35% weekly average Vitamin A (ug) 250 ug > 250 ug 3 out of 5 days Iwk or 4 out of 7 dayslwk Vitamin C (mg) 25 mg 25 mg Vitamin B6 (mg) 0.5 mg >0.5 mg Vitamin B12 (ug) ** 0.8 ug 0.8 ug ** Calcium (mg) 400 mg >400 mg Magnesium (mg) 140 mg >140 mg Zinc (mg) ** 2.6 mg >2.6 mg ** Sodium (mg) <800 mg <1,200 mg (over 1,000 mg place an icon on the menu) Fiber (gm) >7gm >7gm Potassium (gm) ** 1565 mg 1565 mg ** Vitamin D 200lU 200lU Vitamin E ** 51U Provide education ** *Target Value: This value represents one-third of the DRI for a 1600 calorie range. The 1600 calorie range was chosen based on the requirements for a 70-year-old sedentary female. If a majority of the Page 6 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY2010/11 March 7, 2011 senior population served by the AM ENP Program differs from the above example, use your ENP predominate demographic characteristics to calculate target nutrient values. .. If these elements are not provided to the level noted as a weekly average, the Program must educate the participants on how to obtain these elements. NOTE: Fortified foods should be used to meet vitamin B12 needs. Recommended sodium content was liberalized based on the information from the Mathematical study data which indicated that, for many participants, the ENP meal provides 40-50 percent of the participants' daily intake. 7. Component Meal Pattern Requirements: 1. The California 1600-calorie component meal pattern has been developed to reflect the new DGA requirements for those programs that are not using computerized nutrient analysis. 2. The ENP Provider has the discretion to allow occasional flexibility in planning meals that may not rneet the meal pattern, but does meet the nutrient value requirements. Fortified food products and combination dishes used in a menu may not match the meal pattern, but may provide for the required nutrient values. For example, a fortified snack bar as a dessert could be used to boost the nutrient value of a boxed lunch or special occasion meal. 3. Items that provide the following target nutrients should be identified on the menu when using a component meal pattern template: a. Vitamin C - Provide one-third (1/3) of the DRI for vitamin C each meal - 25 mg (for a 1600-calorie menu).. b. Vitamin A - Provide one-third (1/3) of the DRI for vitamin A at least three (3) times per week, 250 fl9 (for a 1600-calorie menu). c. Sodium - meals that contain over 1,000 mg of sodium must be noted on the menu as a high sodium meal. 4. Table two (2) descries the elements in the California 1600-calorie meal pattern. Serving sizes are based on the USDA Food Guide Pyramid. This sample component meal pattern does not assure that meals meet one-third (1/3) of the DRI's and the DGA. Meals will require specific types of fruits and vegetables, whole grains, and high fiber foods in order to assure the target nutrients are provided. The component meal pattern may be deficient in vitamins E, B12, and Zinc, requiring additional nutrition education for participants on the selection of foods that are good sources of these nutrients. a. The meal pattern in Table two (2) below is based on the minimum requirements for a sedentary female 70 years of age. If the majority of the population served by a provider falls within another requirement range (i.e. active 60 year old men), the serving sizes and minimum number of servings required can be adjusted to meet the service population. ENP Providers should verify the population served and develop menu criteria accordingly. Table 2 California 1600 Calorie per Day Component Meal Pattern Minimum Recommended Elements Food Group Required servings for Serving sizes for 1600 550 calories per meal calorie level Lean meat or beans 1 serving 2 ounces = 1 serving 2 ounces Der meal Page 7 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 Vegetable 1 - 2 servings Y, cup = 1 serving Fruit 1 serving Y, cup = 1 serving Bread or Grain 1 - 2 servings 1 slice Bread - 1 serving At least Y, whole arain y, CUD of rice or Dasta = 1 servina Low-fat milk or milk alternate 1 servina 1 cup or equivalent measure Fat Optional Dessert Optional - limit sweets use Select foods high in fiber and low in fruit fat and suqar (1) The number of servings per meal estimates provision of one-third of the ORis. (2) Caloric value (1,600 Kcal/day) based on a 70-year-old female, "sedentary" physical activity level using Table 3 - Estimated Caloric Requirements in Each Gender and Age Group at Three Levels of Physical Activity, from the DGA 2005. H. Meal Components - required for both computerized and component menus: 1. Protein - meat, fish, poultry, legumes, eggs, and cheese: a) A minimum of 2.0 ounces of cooked, edible portions of meat, fish, poultry, legumes, eggs, cheese, (or a combination thereof) providing at least 14 grams of protein. Programs should consider the preferences of the participants they serve. b) Legumes should not be counted as both vegetable and protein. ENP Providers may use other protein sources to provide the occasional vegetarian meal. 2. Vegetables (1-2 Y, cup servings): a) Vegetables as a primary ingredient in soups, stews, casseroles, or other combination dishes should total Y, cup per serving. b) Raw leafy vegetables (salads) should equal 1-cup if they are to be considered a serving. 3. Fruit (1 serving): a) A serving of fruit equals: (1) 1 medium sized whole fruit (2) y, cup fresh, chopped, cooked, frozen, or canned drained fruit (3) y, cup 100% fruit juice b) Fresh, frozen, or canned fruit should be packed in juice, light syrup, or without sugar. Fruit packed in high sugar content syrup may be rinsed before using. 4. Breads/Grains (1 ounce equivalent serving): a) One-half of the daily intake of grains should be from whole grains. Grains that are processed (not whole) must be fortified. 5. Milk (8 fl. oz.): a) Each meal shall contain eight (8) fluid ounces of fortified skim, low fat, or buttermilk. If religious preference precludes the acceptance of milk with the meal, it may be omitted from the menu (however, an equivalent substitute must be used). 6. Fat (Optional): a) Each meal may contain fat components to increase the palatability and acceptability of the meal. b) When selecting and preparing meat, poultry, dry beans, and milk or milk products, make choices that are lean, low fat, or fat free. c) Consume less than 10% of calories from saturated fatty acids and less than 300 mg/day of cholesterol, and keep trans fatty acid consumption as low as possible. Page 8 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY2010/11 March 7, 2011 d) Keep total fat intake between 20 to 35 percent of calories, with most fats coming from sources of polyunsaturated and monounsaturated fatty acids such as fish, nuts, and vegetable oils. 7. Dessert (Optional): a) Dessert may be provided as an option to satisfy the caloric requirements or for additional nutrients. Use fruit as a dessert as often as possible and limit sweets. The fruit, grains, and dairy products served as dessert can count towards the fruit, grain, or dairy requirements. Desserts that are low in fat and/or low in sugar are encouraged. b) When a dessert contains )I;i cup of fruit per serving, it may be counted as a serving of fruit. c) When a dessert contains the equivalent of 1 serving (1 ounce) starches/grains per serving, it may be counted as a serving of starches/grains (example: rice pudding or oatmeal cookie). d) When a dessert contains the equivalent of )I;i cup of milk per serving, it may be counted as )I;i serving of milk. 8. Condiments and Product Substitutes: a) Sugar substitutes, pepper, herbal seasonings, lemon, vinegar, non-dairy coffee creamer, salt, and sugar may be provided, but should not be counted as fulfilling any part of the nutritive requirements. b) Condiments such as salad dressings, ketchup, soy sauce, mustard, and mayonnaise do not need to be counted in a menu analysis if they are served "on the side" and are not combined with the food. 9. Sodium: a) The commitment to reduce sodium in the meals stems from the fact that nutrition- related chronic diseases remain the primary cause of death among people aged 65 and older. California has a diverse population, and the ENPs in the State provide culturally appropriate meals for many ethnicities. Asian meals traditionally have higher sodium levels. Programs that choose to provide culturally appropriate meals, but are concerned with the sodium content of the meals, may consider: (1) Using low sodium soy sauce or diluting soy sauce with water to produce low sodium soy sauce; (2) Offering soy sauce as a condiment to be added by the senior; (3) Providing Nutrition Education on sodium; (4) Continuing to work with the sodium levels of meals, making small steps to reduce the risk of developing kidney stones, and possibly decrease bone loss with age; (5) Not providing potassium chloride salt substitutes; (6) Noting meals that have more than 1000 mg of sodium on the menu as such: "This meal contains more than 1000 mg of sodium," or using an icon denoting a high sodium meal; and (7) Using low sodium versions of high sodium foods when available and feasible with budget allowances. I. Meal Component/Nutrient Analysis: 1. A meal component/nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Section 7638.5. a) Computerized Nutrient Analysis Requirements (1) Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals. Page 9 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 While meal patterns serve as a basic framework for menu planning, providers are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus. As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. ENP Providers should focus on: (a) Vitamin A (b) Vitamin C (c) Protein (d) Fat (e) Sodium (f) Fiber (2) Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education. (3) The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; carbohydrates; total fat; saturated fat; total fiber; vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12, calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one-third of the DRls, the menus should also follow the DGA. IX. Food Procurement: A. Food procurement procedures shall comply with Title 22, California Retail Food Code (CRFC) standards, and HACCP best practices guidelines. B. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards fro quality, sanitation, and safety. C. To the extent possible, providers are encouraged to participate in group food purchasing. D. A comparative cost analysis shall be performed either by the ENP Provider or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available. X. Food Storage: A. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines. B. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies. XI. Food Production: A. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines. B. Food production and meal service shall be under the supervision of a trained staff in food service management to ensure food service sanitation and the practice of hygienic food handling techniques are followed. This person shall function with the advice of the Provider's Registered Dietitian. C. Meals shall be served as indicated on the certified menus. In the event that a menu substitution must occur, the following procedure must be followed: 1. The Provider's Registered Dietitian must approve all menu substitutions. 2. A Menu Substitution Form must be completed and signed by the Provider's Registered Dietitian. 3. The completed Menu Substitution form shall be kept on file for DMS review. D. Production Control: 1. Production schedules or worksheets must be available in the food preparation area. Page 10 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY2010/11 March 7, 2011 2. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize the leftover food and prevent waste. 3. Standardized recipes shall be used to ensure consistency of quality and quantity and adherence to menu guidelines. 4. Appropriate utensils for correct and consistent portion control shall be available and used at each site. E. Meal ServiceiTemperature Monitoring: 1. All food for congregate sites shall be packaged and transported in a manner in which it is protected from potential contamination and maintains appropriate hot and cold food temperatures. 2. Meals shall be served to seniors "offer versus serve" - meaning participants are to be given an opportunity to decline a menu item. Food trays shall not be served ahead of time. 3. Temperature Checks: a) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily immediately prior to dispatch from the central kitchen. b) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service. c) The ENP Provider must have written procedures for monitoring food temperature. d) The ENP Provider must use a form to document food temperatures daily (i.e. Food Temperature Log). e) The ENP Provider shall have a staff member review the completed Food Temperature Logs at random a minimum of every other month. If problems are discovered, an action plan must be developed to resolve the issue. f) All completed Food Temperature Logs must be maintained on file for DMS review. 4. To maintain quality in prepared foods, holding times shall be kept to a minimum. Long periods of holding hot foods at required temperatures diminishes the nutrient content and palatability of foods. 5. Holding time shall not exceed 2 hours between the end of production and the beginning of food service at the congregate site. 6. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured by a staff member directly from commercially filled bulk containers into the glass or cup from which it is consumed. 7. Single service utensils and tableware shall be used one time only and then discarded. 8. Safety of the food after it has been served at the congregate site and then removed by the participant from the congregate site is the sole responsibility of the participant and may be consumed by the participant as he/she deems it appropriate. 9. The Provider shall have a sign posted in the congregate site stating, "Food removed from the congregate site is at your own risk." XII. Food Service Requirements: A. The ENP Provider shall ensure that the following forms are available, completed daily, and maintained at each nutrition site for a minimum of 12 months: 1. Food Temperature Log - one should be available for congregate meals and one for home delivered meals if hot foods are delivered to the client. 2. Cleaning Schedule 3. Equipment Temperature Log - for all dish machines, refrigerators, and freezers. 4. Production Schedule - applicable only if food is cooked at the site. 5. The current Environmental Health inspection shall be available at the site for review. 6. Staff and volunteers who are handling food shall possess a current food handlers' card that shall be available for review. Page 110114 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 XIII, Program Requirements: A. Client Intake Sheets: 1. The ENP Provider will ensure that each participant completes the Client Intake Sheet form (provided by OMS) to determine his or her level of nutritional risk. Forms shall be completed for: a) Congregate Meal Participants - at the beginning of service and then annually thereafter for clients who remain on the program. (1) Sections I and IV are required for congregate meals. b) Home-Delivered Participants - at the beginning of service and then quarterly thereafter for clients who remain on the program. (1) Sections I, II, III, and IV are required for home-delivered meals. 2. ENP Providers who are required to complete their own data entry into the SAMS System must enter the annual and quarterly Client Intake Sheets into the database in a timely manner. 3. ENP Providers who are not required to complete their own data entry must send the Client Intake Sheets to OMS for data entry into the SAMS System. B. Outreach/Marketing Activities: 1. ENP Providers are required to provide outreach in the community through community organizations and other groups. All outreach and marketing activities shall be documented and kept on file for the annual monitoring visit conducted by OMS. 2. ENP Providers shall develop and have handouts, brochures, and/or signs available in languages other than English and posted in locations such as churches, community service locations, and small stores serving the minority communities. C. Emergency Procedures: 1. ENP Providers shall have a written Emergency/Disaster Plan. 2. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas. 3. Staff must be knowledgeable of emergency procedures. 4. Where feasible and appropriate, ENP Providers shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C., Chapter 68, Section 5122 (2). Such arrangements shall be included in the Emergency/Disaster Plan. D. Donations and Confidentiality: 1. An Eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal 2. The ENP Provider shall develop a suggested contribution/donation amount. When developing this contribution/donation amount, the income ranges of the older individuals in the community and the Provider's other sources of income shall be considered. 3. A sign indicating the suggested contribution for eligible individuals and the fee for guests shall be posted near the contribution container at each congregate meal site. A guest fee shall cover all meal costs. 4. No eligible individual shall be denied participation because of failure or inability to contribute. 5. The Provider shall ensure that the amount of the eligible participant's contribution is kept confidential. 6. The ENP Provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e. ContributionlDonation Procedures). Such Procedures shall be kept on file for OMS review. 7. All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition- related supportive services. E. "No Soliciting" Sign: Page 12 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY 2010/11 March 7, 2011 1, The ENP Provider shall ensure that a "No Soliciting" sign is posted on the door leading to the congregate nutrition site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses. F. Coordination: 1. If applicable, develop a fair and equitable policy and procedure for referring participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy available for review by DMS. 2. Include the following statement on all advertising, brochures, poster, 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 participants attending nutrition sites. G. Reporting: 1. All fiscal and program data must be reported monthly (i.e. Request for Reimbursement, Rosters, Monthly Service Unit Report, etc.). All reports are due to DMS by the 5th business day of the month following the month of service. DAAS will provide training as needed. 2. The Provider shall maintain support files including, but not limited to, invoices, payroll, Client Intake Sheets, and any other supporting documents to substantiate monthly reports. 3. ENP Providers are required to report all known or suspected cases of elder abuse to DMS Adult Protective Service or law enforcement immediately by telephone. A written report must be sent within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation, or other treatment resulting in 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. 4. Maintain records, by month, that support claimed in-kind expenditures. 5. Report expenditures funded with Deferred Income by September 30th of the FY in which it is being claimed. 6. Develop and have on hand for review by DMS, a cost allocation plan which explains the methods used to allocate costs between congregate and home-delivered meals or any other program funded by DMS. 7. In the event additional funds become available, the Provider will use the funds to increase the number of meals being provided to 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 must be fully documented in writing and submitted to the Director of DMS for prior approval. 8. Other Reporting Requirements: a) SAMS (Social Assistance Management System): (1) The following reports are to be completed and submitted to DMS by the 5th business day of the month following the month of service if the Provider is serving less than 500 clients per month: (a) Client Intake Sheets for any new clients or any annual or quarterly assessments completed in the month. (b) Meal Rosters (2) Providers that are serving more than 500 clients shall secure the appropriate licensing, have a dedicated staff responsible for maintaining the client tracking software, obtain and maintain an Internet Service Provider and the appropriate hardware that can support the program. These Providers shall be responsible for Page 13 of 14 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work FY2010/11 March 7, 2011 entering the following data into SAMS by the 51h business day of the month following the month of service: (a) Client Intake Sheets for any new clients or any annual or quarterly assessments completed in the month. (b) Rosters (c) Routes (if applicable) b) Nutrition Education Monthly Service Unit Report (1) The Nutrition Education Monthly Service Unit Report is a tool that is used to report the number of Nutrition Education service units that have been provided to participants. This report is to be completed and submitted to OMS by the 51h business day of the month following the month of service. Copies of any handouts presented to the participants as a component of the Nutrition Education shall be attached to the Nutrition Education Monthly Service Unit Report. H. Disposal of Equipment: 1. If the Provider wishes to dispose of equipment purchased with Nutrition grant funding, they must submit a request, in writing, to OMS. The request shall state the equipment description, the location of the equipment, and the reason for disposal. 2. Provider shall submit a list of equipment purchased with grant funding by location. I. OTO Tangibles Purchases 1. The following tangible items have been approved for purchase with One-Time- Only (OTO) funds: a) Six (6) hot transport boxes b) Six (6) cold transport boxes c) Six (6) dollies d) One bill counter e) Three (3) stainless steel carts 2. The total amount approved for tangible items is not to exceed $3,036. Page 14 of 14 Attachment B CONGREGATE SITES C 1 CITY OF SAN BERNARDINO BUDGET LINE ITEMS FOR NUTRITION SERVICES Fiscal Year 2010/2011 PROPOSED BUDGET AMENDMENT o HOME DELIVERED MEALS C 2 o a I b C=a+b Cost to Provider for the year Expenditure CateQorv: Cash in-Kind Annual Expense 1 Personnel 132,207 36,300 168,507 2 Staff Travel 0 3 Staff Training 0 4 Equipment 0 5 Consultants 9,918 9,918 6 Food Cost 105,802 10,000 115,802 7 Consumable Supplies 10,280 10,280 8 Insurance 0 9 Repair & Maintenance 30,734 30,734 10 Rent/Building Space 0 11 utilities 21, 929 21, 929 12 Vehicle Operations 3,000 3,000 13 Volunteer Expenses 0 14 Other Expenses 14,756 14,756 15 Nutrition Education 785 785 Totcl Expenditures 307,482 68,229 375,711 County Contract Revenue Sources: Title IIIC 153,940 153,940 NSIP 22,235 22,235 One Time Only 3,036 3,036 CDBG - DAAS '. 0 CDBG - ECD 0 ReAllocated Funds 79.466 79.466 Nutrition Education 785 785 Total County Contract Revenue Sources 259,462 259,462 other Revenue Sources: Program Income 40,000 40,000 Deferred Income 0 Matching Cosh 0 Matching In-Kind 68,229 68,229 Non-Match Cosh 8,020 8,020 Non-Match In-Kind 0 Total Other Revenue Sources 116,249 116,249 OTCI Revenue 375,711 375,711 3/11/20118:03AM ii,' .~~. /0(, i " '<'\ '~, ,>;,v\, f'-~\,:A> '..<" .x.;\'r/\: Attachment M San Bernardino County Elderly Nutrition Program Required Subcontract Language Services provided by subcontractor in advance of receiving notice that this agreement is approved may be considered as having been performed at risk as a mere volunteer and may not be reimbursed or compensated. I. Subcontractor General Responsibilities A. Assurances 1. Subcontractor may not be debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 2. Subcontractor may not have had, within a three-year period preceding this agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction. 3. Subcontractor may not have violated a federal or state antitrust statute or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 4. Subcontractor may not be presently indicted or otherwise criminally or civilly charged by a governmental entity. 5. Subcontractor may not have had, within a three-year period preceding this agreement, one or more public transactions terminated for cause or default. 6. Subcontractor shall report, in writing, immediately to Contractor any incidents of alleged fraud and/or abuse by either the Contractor or Subcontractor. 7. Subcontractor shall obtain from the Department of Justice (DOJ) records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105.3 prior to providing any services. The County Department of Aging and Adult Services must be immediately notified of any records showing a conviction. a. Examples include, but are not limited to, volunteers or employees in contact with a senior or disabled client at home, who transport them, and/or anyone who has routine, ongoing personal contact with seniors or disabled persons during the course of providing the contracted service(s). 8. Subcontractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of sub-subcontractors, that are, or give the appearance of being, Page 1 of 4 Attachment M motivated by a desire for private gain for themselves or others, such as family business or other ties. 9. Subcontractor must administer their services according to all applicable local, State, and Federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to the subcontract resolving all issues using good administrative practices and sound judgment. 10.lf applicableh, subcontractor must administer federal and state awards in compliance with laws and regulations ensuring that performance goals are achieved as stipulated in the OMS Circular A-133.400(d)(3).* 11. Subcontractor shall keep in effect all licenses, permits, notices, and certificates that are required by law. 12. The subcontractor, by signing this agreement, hereby certifies to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the subcontractor, 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 making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. Inclusion of this language in all subcontracts is certification as a material representation of fact upon which reliance is placed. This certification is a prerequisite for making or entering into the transaction imposed by 31 USC 1352. 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. 13. Subcontractor guarantees that there were not any funds other than federal appropriated funds paid to any person for influencing or attempting to influence an officer or employee of any federal 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. 14. Subcontractor shall comply with all federal statues relating to nondiscrimination, including statues and laws contained in the Contractor Certification Clauses (CCC 307), which is hereby incorporated by reference. 1 OMS applies if aggregate expenditures of $500,000 in federal funds are spent in one fiscal year. Page 2 of 4 Attachment M 15. Subcontractor shall comply with Equal Access to Federally-Funded Benefits, Programs and Activities (Title VI of the Civil Rights Act of 1964). 16. Subcontractor shall comply with Equal Access to State- Funded Benefits, Programs and Activities (22 CCR 98323)(Chapter 182, Stats.2006). 17. Subcontractor shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.). B. Financial 1. Subcontractor shall be of sound financial status and in good standing with the Secretary of State of California and shall maintain that status throughout the term of the agreement. Note: Failure to do so shall result in suspension or termination of the agreement. 2. Funds for this agreement shall not be obligated for services beyond the ending date of this agreement. 3. Any reimbursement for authorized travel shall be at rates and per diem not to exceed those amounts paid by the State in accordance with Department of Personnel Administration's rules and regulations. Travel- http://www.dpa.ca.Qov/textdocs/freepmls/PML2008019.pdf Per Diem (meals and incidentals) - http://www.dpa.ca.Qov/personnel- policies/travellmeals-and-i ncidentals.htm Lodg ing - http://www.dpa.ca.Qov/personnel-pol icies/travel/short-term- travel.htm 4. This is not to be construed as limiting the Contractor or subcontractor from paying any differences in costs, from funds other than those provided through the Department of Aging and Adult Services. C. Performance 1. Subcontractor shall be subject to the same provisions as the contractor. 2. Subcontractor shall not have authority to contract for, on behalf of, or incur obligations on behalf of the County. 3. If the subcontractor begins work in advance of receiving notice that this agreement is approved, that work may be considered as having been performed at risk as a mere volunteer and may not be reimbursed or compensated. Page 3 of 4 Attachment M 4. Subcontractor shall report immediately to the Department of Aging and Adult Services in writing any incidents of alleged fraud and/or abuse by either contractor or subcontractor. D. Records 1. Subcontractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the department. 2. Subcontractor may be required to have written reporting procedures specific to each program that may include: a. Collection and reporting of program data b. Ensuring accuracy of all data from the subcontractor c. Verification of subcontractor data prior to submission to Contractor d. Correction procedures e. Methodology for each non-registered service for collecting and reporting 3. If the above is applicable, Subcontractor's staff must be oriented and trained to perform the data collection and required reporting. 4. Subcontractor shall maintain complete records including, but not limited to, accounting records, contracts, agreements, reconciliation of the Financial Closeout Report, summary worksheets as a result of any audit performed, supporting documentation, letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of all activities and expenditures pertaining to this agreement. 5. Maintain all records and books pertaining to the delivery of services under this contract and demonstrate accountability for contract performance. 6. The County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. 7. Records must be maintained and made available until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the Department of Aging and Adult Services. Records may be required for a longer period as deemed necessary by the department. Subcontractor Title Date Contractor Title Date Page4014