HomeMy WebLinkAboutS2-Parks and Recreation
CITY OF SAN BER~ ARDINO - REQUEST OR COUNCIL ACTION
From: ANNIE F. RAMOS, OIRECTOR
Dept: PARKS, RECREATION & COMMUNITY SERVICES
Date: JULY 22, 1994
Su~ect: RESOLUTION AUTHORIZING A SENIOR NUTRITION
PROGRAM CONTRACT BETWEEN THE CITY OF
SAN BERNARDINO AND THE COUNTY OF SAN
BERNARDINO FOR BUDGET YEAR OF 1994-95.
Synopsis of Previous Council action:
Nutrition contract for senior citizens executed or amended since 1977. The most
recent action is Resolution 94-1898 (July 18, 1994).
Recommended motion:
Adopt resolution.
tZt<~ I-f(~
Signature
Contact person: ,lnhn A Krempr
Phone: 5031
Supporting data attached: Staff Report, Contract & Resoluti OIL Ward:
FUNDING REOUIREMENTS:
Amount: $R7. 345.00
Source: (Acct. No.) In-Kind
IAcct. DescriPtion) Perri~ Hill Spninr (pntpr ~ ~th Strppt
Senior Citizens Service (enter Rlldgpt
Finance:
Council Notes:
75-0262
Agenda I tem No.
!5JL---
:ITY OF SAN BERNA"-.JINO - REQUEST FOl_ COUNCIL ACTION
-
STAFF REPORT
RESOLUTION AUTHORIZING A
SENIOR NUTRITION PROGRAM
CONTRACT BETWEEN THE CITY
OF SAN BERNARDINO AND THE
COUNTY OF SAN BERNARDINO FOR
THE BUDGET YEAR OF 1994-95.
The Senior Nutrition Program 1993-94 contract represents a
continuance of an existing program that has been ongoing since
1977. The new contract compares to the 1993-94 contract (which
included $27,500 in additional one-time appropriations) as follows:
Number of Nutrition
Sites
1993-94
8
1994-95
8
Federal Grant
$214,498
$207,346
Contracted Meals
97,000
95,423
For the year 1994-95, the City of San Bernardino Senior Nutrition
Program will serve at the following sites:
Senior Service Center
Hernandez Center
Lytle Creek
Public Enterprise Center
Nicholson Center
Highland Senior Center
perris Hill Senior Center
Community Hospital Adult Day Care Center
Justification for Supplemental Aqenda
The contract was received from the Department of Aging and Adult
Services on July 22, 1994. This contract is for the current Fiscal
Year.
(Adm/Doc Senior Nutrition program)
jj-7/94
'5-0264
1
2
RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
4 TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM DEPARTMENT OF
5 AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE
PERIOD OF JULY 1, 1994 THROUGH JUNE 30, 1995.
6
7
8
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Director of Parks, Recreation and Community Services
Department of the City of San Bernardino is hereby authorized and directed to submit an
10
11
application to accept on behalf of City a grant from San Bernardino County Department of
12 Aging and Adult Services for the Senior Nutrition Program for the period of July 1, 1994
13 through June 30, 1995.
14
The authorization granted hereunder shall expire and be void and
SECTION 2.
15 of no further effect if the agreement is not executed by both parties and returned to the office
16
of the City Clerk within sixty (60) days following the effective date of the resolution.
17
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
18
19 and Common Council of the City of San Bernardino at a
day of
-1-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR
OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE
2 APPUCATION FOR AND ACCEPT A GRANT FROM SAN BERNARDINO COUNTY
3 DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION
PROGRAM FOR THE PERIOD OF JULY 1, 1994 THROUGH JUNE 30, 1995.
4
5
6
NAYS
ABSTAIN
ABSENT
COUNCIL MEMBERS
AYES
NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVUN
11
12
13
14
15
16
17
18
19
20
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22
POPE-LUDLUM
MILLER
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
, 1994.
Tom Minor, Mayor
City of San Bernardino
Aproved as to form
and legal content:
James F. Penman
23 City Attorney
24 By:
t ,',.'/1.-"""""-
25
A /Doc Resolution
26 Dept of Aging 7/22/94
AFR:jj
27
28
-2-
STANDARD CONTRACT
i
\ FOR COUNTY USE ONL Y
r--- ---,------.~~I -~-----.--..---~ -~--~----.,..-~--------------
i' . Ne I Vendor Code : 'OeOPlA. \.AI Contract Number
:"'i-ICho" I ISCI,
I X, I C2'1":"'1 I _ __ _ -L__-+_
:c(~u;~t~Depar~;;-:;;;ntDEPARTME1rTn OF Dcpt Orgn i
i AGING AND ADULT SERVICES OOA OOA:
~Cou~1YD~i)dr1ment-C;M~ct-R~p;ese-,::;t;~;----- Ph-E~-t--- t Amount of Contract --- --~
! MIKE DECKER, DIRECTOR 387-2400 I $207,346
~---~-------'--- - -- .--.-....-- --.....---- ------ -.,-.-----:----.----~-~---~---'
I Fund : Dept. i OrganizatIOn .4.;Jpr Obi Fe"i Source 1 ActiVIt\' i GRCPROJ,JOB N',;.......:;8r
~~~~_~OA!~()OA____~~ 4 5 __~~ :
~ CorTH'lOd'W Coda: ES:''l'Jted Payment Total by Fiscal Year
~_______~_________J~'" Amour't I,D FY Amount
'I Pcoieel Name , 'l.L $ 207 , 3_-tL
NUTR~TION ~_O~___ I _ ____
\ ~J;;Nlo..R.S.-____ I -
L-__ ________--------L__
THIS CONTRACT is entered into In the State of California by and be:ween the County of San Bernardino, hereinafter cailed
the County, and
Narle
~
,,~_....:?~;
.,j'f-
/.'
Contractor's License No
County of San Bernardino
FAS
,0
CITY OF SAN BERNARDINO
hereinafter called CONTRACTOR
~ddress
547 N. SIERRA WAY
SAN BERNARDINO, CA 92401-1211
Phone Sirth Date
(909) 384-5231
Federal ID No_ or Social Security No
95-6000772
IT IS HEREBY AGREED AS FOLLOWS:
(Use srace De/ow and additional bond sheets. Set forth service to be rendered, amouf', to be paid. manner of payment, time for performance or compietion.
determination of satisfactory performance and cause for termination, other terms and conditions. and attach plans, specifications, and addenda, if any.)
THIS AGREEMENT, is entered into on the 1st day of July, 1994,
by and between the County of San Bernardino acting as the Area Agency on
Aging, hereinafter called the Department of Aging and Adult Services "OMS"
and the City of San Bernardino, direct service provider, hereinafter called
"Contractor."
WHEREAS, the Older Americans Act
for assistance to state and local agencies
supportive services to meet the needs of the
of 1965, as amended, provides
to develop nutrition and social
elderly; and
WHEREAS, the California
funds to DMS for the purpose of
funds pursuant to said act; and for
and activities for the elderly; and
Department of Aging (CDA) has allocated
administering a certain portion of said
the purpose of planning service programs
WHEREAS, DAAS desires to use CDA monies to fund, and the Contractor
desires to operate and execute a Nutrition Program, this contract is executed
to identify the specific terms and conditions covering the funding, execution
and operation of the program provided by this contract.
THEREFORE, in consideration of the mutual promises and covenants
contained herein, DAAS and the Contractor agree as follows:
02-1231 '-000 Rev 11/91
Page~of~
ARTICLE I.
DEF. ITIONS
A. "CDA PM" refers to the "Title III Program Manual for Area
Agencies on Aging." This manual is based on Federal regulations for Title
III published March 31, 1980 (CFR, Chapter 8, Subchapter C, Par 1321).
Pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980,
have also been used. A copy of the manual is available for review at the
Department of Aging and Adult Services, 686 East Mill Street, San Bernardino,
CA 92415 during regular office hours.
B. "Program Income or grant related income" refers to any income
earned by a Contractor during the contract period from activities supported
in part or total by Federal funds. It includes, but is not limited to,
income in the form of fees for services performed during the contract period,
proceeds from sale of tangible property or real property and from the sale
of equipment and supplies acquired for use, usage or rental fees, interest,
and patent or copyright royalties. Contributions/donations made by older
persons are considered program income.
the form
rendered.
C.
of
"General Program Income" refers
contributions/donations made by
to meal income received in
the elderly for services
D. "In-Kind Contributions" are property, equipment, services
(e.g. volunteer services) and supplies benefiting a Title III supported
program or activity contributed by non-federal third parties without charge
to the service provider (Contractor).
E. "Non-expendable Personal Property" refers to tangible personal
property having a useful life of more than one year and an acquisition cost
of $300 or more per unit.
F. "Elderly" refers to any individual who is 60 years of age
or older.
ARTICLE II.
TERM OF AGREEMENT
The term of this agreement will begin on the 1st day of July,
1994 and terminate on the 30th day of June, 1995.
ARTICLE III. FISCAL AND PROGRAM PROVISIONS
A. COMPENSATION
1. Maximum Funds Availble
The maximum amount of funds available under this agreement
shall be $207,346, and shall be subject to availability of funds from CDA.
2. Schedule of Payments
Contractor may be provided a payment advance equal to
10% of the Title III funded portion of the total contract amount under this
agreement for start-up purposes. Contractor shall be compensated with the
remainder of the Title III funds monthly. The monthly disbursement is not
to exceed one-eleventh of the balance of the appropriated funds without
written justification for reimbursement to exceed one-eleventh. The
calculation of the monthly disbursement amount will be based on the previous
Page 2 of 20
month's expenditures a,.~ the cash-on-hand identif. d in the Nutrition Program
Expenditure Report/Request for Reimbuisement. USDA funds will be paid at
the prevailing rate for each reimbursable meal served, and reimbursed to
contractor as funds become available.
3. Expenditure of Funds
a. Contractor shall expend all funds received hereunder
in accordance with this Agreement.
b. DMS reserves the right to refuse payment to the
Contractor or later disallow costs for any expenditure determined by DMS
not to be in compliance with this Agreement, or inappropriate to such
activities, or, for which there is inadequate supporting documentation
presented or, for which prior approval is required but not granted.
4. Unexpended Funds
a. Contractor will return to DMS, immediately, upon
written demand, any funds provided under this Agreement which are not payable
for goods or services delivered prior to the termination, cancellation or
expiration of this Agreement, or the dissolution of the entity.
b. Contractor must return any unspent funds with submittal
of revised year-end Financial Closeout Report, based on independent audit.
5, Accountability for Funds
Contractor shall maintain accounting records to account
for the funds received under the terms and conditions of this Agreement
separate from any other funds administered by the Contractor. Contractor
shall maintain records in accordance with generally accepted accounting
principles.
B. GENERAL PROGRAM INCOME
1. Contractor is encouraged to seek contributions/donations
from seniors participating in the program. The program income goal for
contributions/donations should be 25% or more of the total expenditures
identified in the attached Budget Display.
2. General program income will be used a) to increase the
number of clients served by a project, b) to facilitate access to such meals,
and c) to provide supportive services directly related to nutrition. General
program income will be used within the program in which it was earned.
3. Deferred Income
a. Meal income, not needed for current year expenditures,
in excess of the budgeted program income amount identif ied in Exhibit B-
1 will be identified as "deferred income." This income will be expended
in the first quarter of the next fiscal/contract year (July 1 through
September 30). In addition, this income must be identified on page 6 of
the year-end Financial Close-out Report and then carried forward as a budget
i tern in the new fiscal/contract year. Use of the deferred income must be
reported in the Nutrition Program Expenditure Report/Request for
Reimbursement expense reports as spent, wi thin the first quarter of the
new fiscal/contract year.
Page 3 of 20
b. "hen the amount of the d, .!rred income is determined
through the audit, Contractor shall- revise the deferred income figure,
previously reported, by adjusting the following month's expense report claim
for reimbursement and shall submit a new budget reflecting the revision.
c. Deferred income will be used for general program
expendi tures, a) to increase the number of meals served by a project, b)
to facilitate access to such meals, and c) to provide supportive services
directly related to nutrition. Deferred income will be used within the
program in which it was earned.
C. MATCHING CONTRIBUTIONS
The Contractor will provide in-kind matching
of $ 87,345, which is the Title III portion of the contract
11.11%. Allowable match shall be in compliance with the
requirements:
contributions
mul tiplied by
following CDA
1. Matching in-kind contributions must be for allowable costs
as determined by CDA policy. Allowable costs include but are not limited
to rent, utilities, supplies, personnel (volunteers).
2. To qualify as a matching in-kind contribution, indirect
or Contractor allocated overhead expenses must be supported by a documented
cost allocation plan.
3. Matching in-kind contributions in excess of the minimum
required in one service component may be used to match another service
component within the Older Americans Act. As an example, match exceeding
the minimum requirement in a transportation program may be used to offset
an under match in in-home support services.
4. Contractor will provide a Budget In-Kind Narrative
statement to DMS with the submittal of the initial budget identifying the
type, rates applied and, if applicable, source/location of in-kind to be
used as match for the period of the contract. The identified in-kind match
will be reported monthly on the monthly expense reports.
a. Services of volunteers shall be valued at rates
consistent with those ordinarily paid for similar work by the Contractor.
If the Contractor does not have similar work, the rate shall be consistent
wi th those in the labor market. In either case, a reasonable amount of
employee benefits may be included.
b. All other in-kind contributions shall be valued at
current market value.
D. AUDIT
required by
submitted to
1.
the
the:
Contractor will arrange for an audit to be performed as
Single Audit Act of 1984, Public Law 98-502 and a copy
Department of Aging and Adult Services
686 E. Mill Street
San Bernardino, CA 92415-0640
Page 4 of 20
2. I f C~ ..tractor is a public or pr i . te entity:
a. Non-profit institution with multiple awards totaling
$100,000 or more a year in federal awards, shall have an audit made in
accordance with the provisions of Of fice of Management and Budget (OMB)
Circular A-133, Audits of Institutions of Higher Education and other Non-
profit Institutions;
b. Non-profit institution with multiple awards totaling
at least $25,000 but less than $100,000 a year in federal awards, shall
have an audit made in accordance with OMB Circular A-133 or have an audit
made of each federal award, in accordance with federal laws and regulations
governing each program in which they participate.
3. Said audit must be performed in accordance with generally
accepted auditing standards (GAAS) and the Statements on Auditing Standards
(SASs) issued and interpreted by The American Institute of Certified Public
Accountants (AICPA) and The Government Auditing Standards (Yellow Book)
issued by the U.S. General Accounting Office.
Further, the audit must include a review of compliance
to determine whether statistical data is recorded accurately and reported
properly, to determine whether the program is being administered by the
Contractor in compliance with the contract auditing listing of client case
files, and to determine that the program revenue and expenditures are
properly segregated from other programs being administered by the Contractor.
4. To ensure that OMB Circular A-133 requirements are met,
audit report shall consist of the following parts:
a. A report on the financial statements, a schedule of
federal awards, along with the auditor's opinion on the financial statements;
b. A report on the entity-wide internal control systems
based on the auditor's understanding of the internal control structnre and
the assessment of control risk (made as part of a financial statement audit);
a report on internal controls (accounting and administrative) designed to
provide reasonable assurance of compliance with laws and regulations
applicable to federal assistance or federal awards, including tests of
transactions (including program income and expenditures);
c. A report on compliance with laws and regulations that
may be material to financial statements; an opinion on compliance with laws
and regulations applicable to each major federal program and a statement
of positive assurance of those items that were tested (including program
income) for compliance and negative assurance for those items not tested.
These requirements may be met by the following:
applicable to
Supplement;
i. A report on compliance with general requirements
federal programs drawn from the relevant OMB Compliance
ii. An opinion on compliance with specific requirements
applicable to each major program (major program refers to Congregate Meals,
C-I; Home Delivered Meals, C-2; and Supportive Services, B) [the opinion
should specify whether information contained in federal financial reports
is supported by books and records and amounts claimed and used for matching
meet applicable cost principle];
Page 5 of 20
d. report on fraud, abuse,
of such acts, if necessary;
egal acts or indications
e. A schedule of reportable conditions (including material
weaknesses) for internal control findings and a schedule of findings and
questioned costs for compliance findings (if not included in the internal
control or compliance reports; a management letter; separate communication
of nonmaterial findings relative to federal programs.
5. Audit must also include
This schedule will give the number of
Contractor, by program and by month.
6. Contractor will select a certified public accountant from
of approved auditors published by the Auditor-Controller of the
San Bernardino. Once an auditor has been decided upon, the
will coordinate efforts to receive final approval from DAAS prior
a "Schedule of Service Delivery."
service units provided by the
the list
County of
Contractor
to hire.
7. Contractor will include in its contract with an independent
auditor a clause permitting access by the County and State to the work papers
of the independent auditor.
B. Contractor will notify DAAS of the time and location of
scheduled entrance and exit conferences with independent auditors, so that
appropriate DAAS and other appropriate County staff may participate.
9. The cost of audits performed pursuant to Public Law 9B-
502 shall be charged to the Contractor, in accordance with Public Law 9B-
502 and OMB Circular A-l2B or A-133, as appropriate.
10. All audits shall be performed in accordance with and
address all issues contained in any OMB Compliance Supplement that applies
to this program.
11. Audits to be performed shall be financial and program
compliance audits.
12. The auditor of record, hired by the Contractor, shall
prepare and file with the County, a draft copy of the independent audit
within 90 days after termination of this Agreement and prior to the exit
conference. Within 120 days after the termination or expiration of this
Agreement, the final independent audit report of related expenditures during
the term of this Agreement, shall also be filed with the County.
13. Contractor will assist and comply with audit resolution
requirements as required by DAAS, including submitting to DAAS at the exit
conference, a corrective action plan for any findings or recommendations,
identified in the Draft audit.
14. Contractors must take appropriate action
instances of noncompliance with federal laws and regulations
months after DAAS has received audit report.
to correct
wi thin six
15.
and audit of the
under this grant.
The Contractor agrees to be subject to the examination
County for a period of three (3) years after final payment
E. BUDGET REVISIONS
Director
result in
amount.
The Board of Superviso,rs delegates the authority to the
of DAAS to make budget rev~s~ons provided the rev~s~ons do not
the amount of the contract exceeding the previously Board-approved
Page 6 of 20
ARTICLE IV.
MONITORIro<.i, ASSESSMENT AND EVALUATI0..
A. The County or any subdivision or appointee ther-eof and the
State of 'California or any subdivision or appointee thereof shall have
absolute right to review and audit all records, papers, documents, client
files, corporate minutes and other performed items as reported, and shall
have absolute right to monitor the performance of Contractor and
subcontractors in the delivery of services provided under this Agreement.
B. Contractor shall permit DMS to perform periodic program and
fiscal monitoring visits. Authorized DMS, State and/or Federal
representatives shall also be permitted to monitor, assess and evaluate
the Contractor's performance as needed, pursuant to this Agreement. Said
monitoring, assessment and evaluation may include, but is not limited to,
fiscal records, audits, inspections of project premises, inspection of food
preparation sites, as appropriate, and interviews with Contractors' employees
and agents providing the service under this Agreement and recipients thereof.
Contractor will ensure cooperation and shall attend all meetings mandated
by DAAS.
C. Contractor will cooperate fully in conducting any auditing,
moni toring, assessment and evaluation process. This includes making any
program and/or administrative staff (fiscal, etc.) available as a part of
the process and filing a corrective action plan within 30 days of
notification of the exception.
D. INSPECTIONS
Contractor shall make
officials, its records and data with
Agreement for inspection and audit.
at any time, during normal business
N 8).
available to DAAS, State or Federal
respect to all matters covered by this
Said inspection and audit may be made
hours (CDA PM, Part G, Section 93.21
ARTICLE V.
INDEMNIFICATION AND INSURANCE
A. Contractor agrees to indemnify, defend and. hold harmless the
County and its authorized agents, officers, volunteers and employees against
any and all claims or actions arising from Contractor's acts, errors or
omissions in performing services pursuant to this contract and for any costs
or expenses incurred by the County on account of any claim therefor.
B. In order to accomplish the indemnification herein provided
for, but without limiting the indemnification, the Contractor shall secure
and maintain throughout the term of the contract the following types of
insurance issued by companies acceptable to the Risk Manager with limits
as shown:
1. Workers' Compensation - A program of Workers' Compensation
insurance or a state-approved Self-Insurance Program in an amount and form
to meet all applicable requirements of the Labor Code of the State of
California, including Employer's Liability with $250,000 limits, covering
all persons providing services on behalf of the Contractor and all risks
to such persons under this Agreement.
2. Comprehensive General and Automobile Liability Insurance
This coverage to include contractual coverage and automobile liability
coverage for owned, hired and non-owned vehicles. The policy shall have
combined single limits for bodily injury and property damage of not less
than one-million dollars ($1,000,000).
Page 7 of 20
3. Erro~~ and Omissions Liability .surance - Combined single
limits of $1,000,000 for bodily injury and property damage, or
Professional Liability - Professional Liability Insurance
with limits of at least $1,000,000 per claim and in the aggregate.
C. ADDITIONAL NAMED INSURED
All policies, except for the Workers' Compensation coverage
and Errors and Omissions or Professional Liability, shall contain additional
endorsements naming the County employees, agents, volunteers and off icers
as additional named insured with respect to liabilities arising out of the
performance of services hereunder. For Professional Liability coverage
the County shall be named as a designated person referencing this Agreement's
contract number on the policy.
D.
WAIVER OF SUBROGATION RIGHTS
coverage to
volunteers,
Contractors shall require the carriers of the above required
waive all rights of subrogation against the County, its officers,
employees, contractors and subcontractors.
E.
POLICIES PRIMARY AND NON-CONTRIBUTORY
All policies required
non-contributory with any insurance or
administered by the County.
above are to
self-insurance
be primary and
programs carried or
F. PROOF OF COVERAGE
Contractor shall have their insurance agent/broker immediately
furnish original certificates of insurance to DAAS evidencing the insurance
coverage above required prior to the commencement of performance of services
hereunder and shall maintain such insurance from the time Contractor
commences performance of services hereunder until the completion of such
services. These certificates shall provide that such insurance shall not
be terminated or expire without thirty (30) days written notice to the
County. Within sixty (60) days of the commencement of this Agreement the
Contractor shall furnish certified copies of the policies and endorsements.
G. INSURANCE REVIEW
1. The above insurance requirements are subject to periodic
review by the County. The County's Risk Manager is authorized, but not
required, to reduce or waive any of the above insurance requirements whenever
the Risk Manager determines that any of the above insurance is not available,
is unreasonably priced, or is not needed to protect the interest of the
County. In addition, if the Risk Manager determines that heretofore
unreasonably priced or unavailable types of insurance coverage or coverage
limits become reasonably priced or available, the Risk Manager is authorized,
but not required, to change the above insurance requirements to require
additional types of insurance coverage or higher coverage limits, provided
that any such change is reasonable in light of past claims against the
County, inflation, or any other i tern reasonably related to the County' s
risk.
Page 8 of 20
Agreement
or higher
Contractor
of receipt.
2. Any .lch reduction or waiver r the entire term of the
and any change requiring additional types of insurance coverage
coverage limits must be made by amendment to this Agreement.
agrees to execute any such amendment wi thin thirty (30) days
ARTICLE VI.
LAWSUITS
Contractor understands
associated with lawsuits against
California cannot be budgeted as
by the Contractor.
and agrees that any/all legal fees
the Contractor, the County or State of
a Contractor expense and shall be paid
ARTICLE VII
CONFIDENTIALITY
A. Contractor agrees to comply and require its officers, agents,
employees, volunteers to comply with the provisions of Sections 15633.5,
and 10850 of the Welfare and Institutions Code. Any violation of the
confidentiality required by this Chapter is a misdemeanor punishable by
not more than 6 months in County jail, by a fine of $500, or by both fine
and punishment.
Respect
importance. Written
any information about
for a client's right to privacy is of the utmost
consent from the client is desirable before releasing
the client to other agencies.
B. Contractor will take steps to ensure that no information about,
or obtained from an individual, and in the possession of the Contractor,
will be discussed in a form identifiable with the individual, without the
individual's informed consent.
ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE
A. PERFORMANCE STANDARDS AND REMEDIES
If for any reason the Contractor's service falls 5% under
or increases to 25% over the contracted level during any calendar quarter,
the Contractor will submit to DMS, within 30 calendar days, an analysis
of the situation and if a problem exists the actions being taken to correct
the problem. If the problem persists and at the sole discretion of DMS,
DMS and the Contractor may jointly prepare a written corrective plan with
the time lines for completion. If the Contractor fails to carry out the
corrective action and does not meet a 100% contract level within the required
time frame, sanctions will be invoked. If, after all appropriate actions
have been taken, the service level still falls to 5% under or increase to
25% over the contracted level, DAAS may in its sole discretion adjust the
contracted level of service and the budget, thereby the funding, as
appropriate.
B. EARLY TERMINATION
DMS may terminate this contract without cause upon thirty
(30) days written notice to the other party.
Page 9 of 20
ARTICLE IX.
COD. _ Y RESPONSIBILITIES
The County agrees to:
meeting
services
A. Monitor and
the terms of the
provided based on
evaluate the performance of the Contractor
Agreement and the quality and effectiveness
the criteria as determined by the County.
in
of
B. Provide consultation and technical assistance in monitoring
the terms of this Agreement.
C. Approve an audit firm, selected by the Contractor, to conduct
a fiscal and program audit as specified in Article III.
D. Compensate Contractor for approved expenses in accordance
with Article III of this Contract.
ARTICLE X. CONTRACTOR RESPONSIBILITIES
A. GENERAL RESPONSIBILITIES
advising
status.
the
1. Contractor
County of any
must be incorporated and is
actual or impending change
responsible for
in incorporation
2. Contractor is to promote coordination with other supportive
services.
Contractor agrees to cooperate with DMS in its efforts
toward developing a comprehensive and coordinated system of services for
the elderly by participating in joint planning efforts and other activities
mutually agreed upon to meet this goal (CDA PM, Part H, Section 107.5).
3. Contractor is responsible for providing orientation and
training for all paid and volunteer staff. Contractor shall insure t~aining
is provided at least quarterly for all personnel.
4. Contractor shall complete a written work performance
evaluation annually on all paid and volunteer staff.
5. Contractor shall insure all paid and volunteer staff read
and sign a certification of understanding of the Adult Abuse Reporting Act.
6. Contractor shall provide the County with photocopies of
all inspection reports or certificates immediately.
B. SERVICES TO BE PROVIDED
Provide all
identified in Attachment
through June 30, 1995.
program services and perform all activities
A to this Agreement for Fiscal Year July 1, 1994
Contractor shall, in a satisfactory manner, as determined
by DAAS, conduct, administer and provide nutrition services for the elderly
as defined in the attached WORK PROGRAM, Exhibit A-I and PROGRAM BUDGET,
Exhibi t B and B-1 which are attached hereto and incorporated therein by
reference. The aforementioned and all other exhibits are, by this reference,
made a part of this contract as those fully set forth here.
Page 10 of 20
1. Contr, tor is to serve meals 1. .t are nutritious, safe,
and of good quality.
2. Contractor is to promote and maintain high food safety
and sanitation standards.
3. Contractor is to serve hot or other appropriate meals at
least once daily, five or more days per week.
4. Food shall be prepared in sufficient quantities to serve
all participants. Careful planning shall minimize leftover food and prevent
waste.
5.
participants.
Correct and consistent po~tions shall be served to all
6. Appropriate food containers and utensils for blind and
handicapped participants shall be available on request.
7.
All participants are to be permitted to eat a leisurely
meal.
8. Meals are to be served in a courteous and friendly manner.
9. Contractor shall consider the cultural,
preferences and special dietary needs of elderly persons.
religious
10.
meals are to be
and comfortable.
Contractor is to serve meals in an approved site. The
served in a facility where elderly persons will be welcomed
11. The facility 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.
13. Contractor is to provide tables and chairs that are sturdy
and appropriate for elderly persons. Tables are to be arranged to assure
a pleasant atmosphere and to encourage socialization.
14. Contractor
surrounded by adequate aisle
with canes, walkers, crutches,
shall provide
space (3 feet,
or wheelchairs
a sufficient
8 inches) to
to move with
number of
allow for
ease.
tables
persons
15. Contractor shall provide appropriate table settings.
Disposable dinnerware shall be resistant to buckling, spillage, nonporous,
sanitary, attractive, shall not melt, shall not bend, and shall not splinter
during normal use.
16. Contractor is to provide for celebration of special
occasions by participants.
17. Menus shall be approved by the County' s nutritionist and
shall comply with the following requirements;
Page 11 of 20
a.
2nus shall be planned for
minimum of four weeks.
b. Menus shall be posted weekly in a spot. conspicuous
to participants at each site, as well as in the preparation area.
c. Menus shall be easy to read and in the language of
the participant group.
d. Food items shall be varied within the week and menu
cycle. Food items shall not be repeated two days in a row or on the same
days of consecutive weeks except on documented preference of the participants
receiving the meals. Variety of food and preparation methods, including
color, combinations, texture, size, shape, taste and appearance shall be
provided.
e. Menus shall reflect seasonable availability of food.
f. The restricted use of carbohydrate foods, salt and
saturated fats shall be considered.
lB. Contractor shall insure the program director has completed
a minimum of 15 semester units of instruction in food service sanitation.
19. Whenever two or more persons manifest the symptoms of
foodborne illnesses wi thin a similar time frame after consuming nutrition
service food, Contractor shall notify the local health authorities to
ini tiate an investigation. Contractor shall immediately notify the County
within twenty-four (24) hours of such an occurrence.
frequently,
the sources
20. Contractor shall provide semi-annual training
depending on staff/volunteer/participant turnover,
and prevention of foodborne illnesses.
or more
regarding
21. Contractor must provide each elderly person with a free
and voluntary opportunity to contribute to the cost of the service.
Contractor must protect the privacy of each person with respect to his/her
contribution and establish appropriate procedures to safeguard and account
for all contributions.
22. Contractor must develop a suggested contribution schedule
for services which considers the income ranges of elderly persons in the
community. Suggested contribution schedule is to be approved by the County.
23. Participants
exists for other services and
Services for follow-up.
are to be screened to determine if a need
referred to Senior Information and Assistance
24. Fire and health inspections are to be secured prior to
beginning service provision and annually thereafter.
will' have
grievances
must be in
25. Contractor shall provide a system through which seniors
the opportunity to express and have considered their views,
and complaints regarding the delivery of services. The procedure
writing and made available to all recipients of services.
Page 12 of 20
C. LICENSE
STANDARDS
Where the State or local public jurisdiction within the State
requires license and/or standards to be met, for the provision of services,
the Contractor will, in performing the services required under this contract,
obtain all necessary licenses and/Qr permits and maintain such licenses
and permits for the full term of the contract. If license and/or standards
are required, verification of license and/or standards will also be required
and will occur in conjunction with monitoring visits.
D. FISCAL RESPONSIBILITY
Contractor will ensure that all expenditures are supported
by properly executed payroll, time records, invoices, contracts, vouchers,
orders and any other accounting documents pertaining in whole or in part
to this contract. Such documents will be clearly identified and readily
accessible to DAAS staff, as may be required.
E. CONFLICT OF INTEREST
Contractor shall make all reasonable efforts to ensure no
conflict of interest exists between its officers, agents or employees.
Contractor shall make all reasonable efforts to prevent employees,
consul tants or members of governing bodies from using their position for
purposes that are, or give the appearance of, being motivated by a desire
for private gain for themselves or others, such as those with whom they
have family, business or other ties. In the event the County determines
a conf lict of interest situation exists, any increase in costs associated
with the conflict of interest may be disallowed by the County and such
conflict may be grounds for termination of the agreement.
F. AMENDMENTS TO CONTRACT
contract
shall be
Any contract change requires initiation
in writing. Modification or amendment, as
signed by both parties.
of a change to the
determined by DAAS,
G. GREATEST ECONOMIC OR SOCIAL NEED
The Contractor understands that one of its responsibilities
under this contract is to ensure that "preference will be given to providing
services to older individuals with the greatest economic or social needs
(Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law
98-459, 306 (a) (5) (A) (u) (I) (II)." "The term 'greatest economic need'
means the need resulting from an income level at or below the poverty
threshold established by the Bureau of the Census, and the term 'greatest
social need I means the need caused by non-economic factors which include
physical or mental disabilities, language barriers, and cultural or social
isolation including that caused by racial or ethnic status which restricts
an individual's ability to perform normal daily tasks or which threatens
his or her capacity to live independently. (Older Americans Act of 1965
as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (B)). Minimum
program goals relating to minorities within this contract have been
established by computing the percentage of minority elderly over 60 wi thin
the geographic area served by the Contractor.
Page 13 of 20
B. CONTRAC'l _, INDEPENDENCE
The Contractor and the agents and employees of the Contractor
in the performance of this Agreement shall act in an independent capacity
and not as off icers, or employees or agents of DAAS, the County of San
Bernardino or the State of California.
I. TRAINING AND MANPOWER DEVELOPMENT
The Contractor agrees to participate in appropriate staff
training and development provided by DAAS, the CDA and the Administration
on Aging.
J. RECORDS
1. The Contractor shall, at all times during the term of
this Agreement, maintain complete fiscal, program and management records
(which shall include, but not be limited to, accounting records, grants,
agreements, letters of agreement, insurance documentation in accordance
with Article XI, Memorandums and/or Letters of Understanding and client
records) of its activities and expenditures hereunder in a form satisfactory
to the County and/or State and in accordance with generally accepted
accounting procedures. All records pertaining to the project shall be
available for review and audit by the County, State or federal government
or their duly authorized agents, at any time during normal business hours.
All such records must be maintained and kept available by the Contractor,
(a) until an audit has occurred and an audit resolution has been issued
or unless otherwise authorized in writing by DAAS, (b) for such longer
period, if any, as is required by applicable statute, by any other clause
of this Agreement, or by Sections B or C, or (c) for such longer period
as DAAS deems necessary.
2. If this Agreement is completely or partially terminated,
the records relating to the work terminated shall be preserved and made
available for the same periods as specified in Section A.
3. In the event of any litigation, claim, negotiation, audit
all records relative to
until every action has
and/or State and the
exception, or other action involving the records,
such action shall be maintained and kept available
been cleared to the satisfaction of the County
Contractor is advised in writing of the resolution.
4. Adequate source documentation of each transaction shall
be maintained relative to the allowabili ty of expenditures reimbursed by
the County under this Agreement. If the allowability of expenditures cannot
be determined because records or documentation of the Contractor are
nonexistent or inadequate according to generally accepted accounting
principles, the expenditures will be questioned in the audit and may be
disallowed by the County and/or State during the audit resolution process.
a. Accounting Records (CDA PM, Section G, Paragraph 93.7a)
The Contractor shall provide for adequate accounting
systems and procedures to control and support all fiscal activities in
accordance with policies issued by the Administration on Aging and the
California Department on Aging. The Contractor shall provide for those
designated in the Chart of Accounts as identified by the categories in the
budget display.
Page 14 of 20
operations to OAAS
Chart of Accounts.
is mandatory that
using the categories of
the 2ontractor report
transactions detailed
fiscal
in the
b.
Internal Control (COA PM, Section G, Paragraph 93.11
through 93.21)
Effective control and
maintained for all grant cash, real and personal
Contractor shall adequately safeguard all assets
are used solely for authorized purposes.
accountability shall be
property and other assets.
and shall assure that they
c. Budgetary Control (COA PM, Section G, Paragraph 93.23)
All budget changes wi thin major categories, such as
Salaries and Benefits, Equipment or Other Costs exceeding 10% of the approved
budget, for that major category, represents a departure from the approved
project plans and require DAAS' approval. Budget modification requests
will be made to DAAS in the form of a written justification outlining
specific shifts of funds that will be made. Note: The total amount of
the change must not result in the Title III funds exceeding the contracted
amount for all Title III funds.
d. Allowable Costs (CDA PM, Section G, Paragraph 93.31)
OMB Circular A-122, "Cost Principles for Non-Profit
Organizations" shall be used as a guide for determining allowable costs.
e. Source Documentation (COA PM, Section G, Paragraph
93.39)
Accounting records shall be supported by source
documentation such as cancelled checks, original invoices, time sheets and
payroll records, grant and contract award documents, in-kind documentation,
etc., which are maintained to comply with record retention requirements.
K. REPORTS
require,
requested
and other
1. Contractor, at such times and in such forms as OAAS may
shall furnish statements, records, reports data and information
by DAAS pertaining to Contractor performance of services hereunder
matters covered by this Agreement.
2. Contractor shall meet the following standards for its
financial management systems, as provided in the Title III Program Manual:
a. Financial Reporting (CDA PM, Section G, Paragraph
93.5a)
Accurate, current and complete disclosure of the
financial results of each program shall be made in accordance with the
financial reporting requirements of the grant. The following reports are
to be submitted to DAAS when indicated:
Page 15 of 20
Monthly (Due by 5th work ~ day of the month.)
o Monthly Nutrition Program Expenditure Report/
Request for Reimbursement
2) Semi-an~ually
o Budget Revision #1 (Due November 1)
o Budget Revision #2 (Due March 31)
3) Annually
o Financial Close-out Report (Due August 1)
o periodic Inventory (Due August 1 with Closeout)
o Audit Report (Due October 31)
o Revised Financial Close-out Report (Due October
31 with Audit Report)
b. Program Reporting
1) Monthly (Due by the 5th working day of each month)
o III B Monthly Supportive Services Report
o III Cl, C2 Monthly Nutrition Report
2) Quarterly
o Program modification request in writing to DAAS.
Contractor will describe, in detail, necessary program change ( s) and the
reason(s) for the requested modification.
3. DAAS may require financial reports more frequently than
indicated above or with more detail (or both), upon written notice to the
Contractor, until such time as DAAS determines that the financial management
standards are met.
L. PROPERTY MANAGEMENT
1. All equipment, materials, supplies or personal property
of any kind purchased with contract funds provided herein shall be in
accordance with CDA PM, Part G, Section 93.19, and if not fully expended
or consumed prior to the termination of this contract shall be the property
of the CDA, unless otherwise directed by the CDA.
2. The Contractor shall exercise due care in the use,
maintenance, protection, and preservation of personal property during the
period of the project. The Contractor shall be held liable for all losses
of or damage to non-expendable equipment or material resulting from
negligence or improper implementation of safeguards.
Page 16 of 20
equipment
provided
which the
3. The lisposal, loss and/or d cruction of property or
shall be fully documented by the Contractor with copies thereof
to OMS along with the monthly expense report for the month in
loss occurred.
4.
reported to the
f ire department
to OMS.
Loss by fire, vandalism or theft must be immediately
fire department or police, as applicable. A copy of the
or police report of the incident should also be forwarded
5. DMS shall be noti f ied of the loss wi thin seventy-two
(72) hours of the discovery of the loss.
6. Equipment that is worn beyond economical repair must be
reported to OAAS on the monthly expense report. It shall be the
responsibility of OAAS after receiving this report to instruct the Contractor
as to the proper method of disposal.
7 .
a vehicle to be
lettering, signs,
Once Contractor has
salvaged, Contractor
etc., are removed.
received disposal authorization for
shall ensure that all identifying
8. Prior to replacement of any property, Contractor must
obtain written authorization from DAAS.
9. Any equipment purchased with contract funds will be subject
to inspection, over the life of the equipment, and if not used, under-used
or misused, may be claimed by DAAS for redistribution to other DAAS projects.
10. Vehicles purchased with contract funds shall also have
the following language painted or affixed by other means on the vehicle:
"Vehicle purchased with Older Americans Act Funds."
M. Contractor shall notify the County, in writing, of any change
in mailing address and/or physical location within (10) days of the address
change.
N. Contractor shall comply with all applicable local health and
safety codes, including fire clearances, for each site where program services
are provided under the terms of this contract.
ARTICLE XI. GENERAL PROVISIONS
A. This Agreement has no force or effect until signed by both
parties.
B. County shall have Power of Attorney to pay delinquent debts
and unpaid wages incurred by Contractor, from appropriated funds under this
contract, in the event debts and wages have not been paid or are not current.
C. Federal, State and County shall have a royalty-free,
non-exclusive and irrevocable license to publish, copy, translate, or use
now and hereafter, all materials, data, films, papers, etc., developed under
the terms of this Agreement, including those covered by copyright, and
reserves the right to authorize others to use or reproduce such material.
The County and the State shall retain ownership and have access to any
reports, preliminary findings, or data assembled by the Contractor under
this Agreement.
Page 17 of 20
D. Contrac r understands and agree, that the contract shall
be governed and construed in accordance with the Older Americans Act of
1965 as amended and with California State and Federal laws.
E. The Contractor agrees to fully comply with the laws and
programs (including regulations issu~d pursuant thereto) which are listed
following this paragraph and/or referenced in other sections of this
contract. Such compliance is required to the extent that such laws, programs
and their regulations are by their own terms, applicable to this contract.
Contractor warrants that he/she will make himself/herself thoroughly familiar
with the applicable provisions of said laws, programs and regulations prior
to commencing performance of the contract. DMS will provide assistance
to Contractor in obtaining copies of said laws, programs and regulations
upon request. To the extent applicable the provisions of said laws, programs
and regulations are deemed to be a part of this contract as if fully set
forth herein.
Program,
Business
1. The San Bernardino County Affirmative Action
Policy 11-15, Minority Business Enterprise (MBE) 15%
Enterprise (WBE) 5%.
Compliance
and Women
1972 and
L-93-508,
2.
1974, as
Title IV,
Vietnam Era Veterans' Readjustment
amended. Pub. L. 92-540, Title V,
as amended, Section 402. (38 USCA
Assistance
Section 503
2021-2027).
Acts of
(a), Pub.
3. Rehabilitation Act of 1973, as amended (handicapped)
Pub. L. 93-112, as amended.
4. California Fair Employment and Housing Act, Government
Code Section 12900 et. seq.
5. Civil Rights Act of 1964, as amended in 1991 (42 USCA
2000a to 2000h6) and Executive Order 11375 and as supplemented in Department
of Labor regulations (41 CFR, Part 60). (See Exhibit C.)
6. Drug-Free Workplace Act of 1990.
7. Title III Program Manual for Area Agencies On Aging
8. Grants in Excess of $100,000.
Act as amended
(33 USCA 1251,
(40 CFR Part 15
Clean Air Act as amended (42 USCA 7401); Clean Water
(33 1368); Federal Water Pollution Control Act as amended
et. seq.); and Environmental Protection Agency Regulations
and Executive Order 11738).
9. Contractors Participating in Facility Construction or
Repair
Davis-Bacon Act (40 USCA 276a-7) (29 CFR, Part 5); Copeland
"Anti-Kickback" Act (18 USCA 874,40 USCA 276a) (29 CFR, Part 3); Grant
Work Hours and Safety Standards Act (40 USCA 327-330) (29 CFR, Part 5);
and Executive Order 11246 of September 14, 1965, entitled "Equal Employment
Opportuni ty" as amended by Executive Order 113 75 of October 13, 1967, as
supplemented in Department of Labor Regulations (41, CFR Part 60).
Page 18 of 20
10. Prov_~ions Against Lobbying
The following statutory provision (part of Sec. 407 of
Pub. L. 95-480, 92 Stat. 1589) has applied to all Health and Human Services
(HHS) appropriations beginning with those for Fiscal Year 1979 and is likely
to continue to apply to any future appropriations.
"No part of any appropriation contained in this Act shall
be used to pay the salary or expenses of any grant or contract or contract
recipient or agent acting for such recipient to engage in 'iny activity
designed to influence legislation or appropriation pending before the
Congress."
This means that the cost of attempting to
legislation pending before Congress may not be charged either a
indirect costs to any HHS grant awarded from funds subject to the
Attempting to influence legislation is commonly called lobbying.
influence
direct or
provision.
This notice concerns only the charging of certain costs
to Older Americans Act grants (OAA) including the matching share. Nothing
in this notice is intended in any way to inhibitor discourage any part
from exercising its lawful rights to attempt to influence legislation pending
before Congress as long as the costs are not charged to an OAA grant.
11. The Americans With Disabilities Act of 1990. (42 USC
12101. )
The purpose of the Act is to s,upport individuals with
disabili ties to access employment and various serv~ces ~n both the public
and private sectors. The Act establishes civil rights for individuals with
disabili ties.
12. Elder and Dependent Adult Abuse Reporting Requirement
instances
Protection
Contractor will ensure that
of elder or dependent adult abuse are
Services Staff.
all known
reported
or suspected
to DAAS Adult
All DAAS Contractors are required to report known or
suspected abuse or neglect under Chapter 11 of the Welfare and Institutions
Code, Section 15630 which provides for mandatory reporting of abuse of
elderly and dependent adults. "Abuse of an elder or a dependent adult"
means physical abuse, neglect, intimidation, cruel punishment, fiduciary
abuse, abandonment, isolation or other treatment with resulting physical
harm or pain or mental suffering or the deprivation by a care custodian
of goods or services which are necessary to avoid physical harm or mental
suffering. Reporters shall report the instance of abuse either to the long-
term care ombudsman coordinator or local law enforcement when the abuse
is alleged to have occurred in a long-term care facility, or to either the
County Adult Protective Services agency or to local law e'nforcement in all
other instances, immediately or as soon as possible by telephone, and shall
send a written report within two (2) working days.
F. Disaster Preparedness
In order to provide emergency assistance or continue services
to at-risk elderly or dependent adults in the event of disaster, Contractor
will maintain accurate lists of all clients who are receiving home-delivered
meals and/or other services due to impairments which render them at risk
of serious injury or death. Contractor will coordinate and report disaster
services and issues with DAAS.
Page 19 of 20
G. Publications
Any boo".;, reports, pamphlets, pal-':s or articles, including
newspaper reports, based on activities funded by this contract, must contain
an acknowledgement of funding by the San Bernardino County DAAS. The
following language should be used: "These services are due, in part or
in whole, to funds provided by the Department of Aging and Adult Services
through the Older Americans Act, as amended."
H. Copyrights
If the contract results in a book or other copyrightable
material (s), the author is free to copyright the work, but DAAS reserves
a royalty-free, non-exclusive and irrevocable license to reproduce, publish
or otherwise use, and to authorize others to use, all copyrighted material
which can be copyrighted resulting from the contact.
I. Unauthorized Activities
All activities not
shall be prohibited without the
Director or his authorized agent.
J. Binding Contract
expressly authorized by this
express written permission of
agreement
the OMS
In the event any
invalid, the remaining portions
binding contract.
portion of this contract is
shall continue to constitute
found to be
a valid and
K.
Religious Activity Prohibited
Contractor agrees it will not perform or permit any religious
activities in connection with the performance of this
proselytizing
Agreement.
L.
Entire Agreement
This Agreement consisting of 20 pages, Attachments consisting
of 5 pages and Exhibits A-l, B through B-1 inclusive, is the full and
complete document describing services to be provided by the Contractor to
County. There are no other or further written or oral understandings or
agreements with respect to this Agreement. No variation or modification
of this Agreement and no waivers of its provisions shall be valid unless
in writing and signed by all parties.
COUNTY OF SAN BERNARD!1I;O
.
Chairman, Board of Supervisors
CITY OF SAN BERNARDINO
(State if corporation, company, etc.)
Dated
By ·
Authorized Signature)
SIGNED AND CERTIFIED THAT A COpy OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD.
Clerk of the Board of S~perV!S8rS of the County of San
Bernardino.
Dated
Title
By
Address 547 N. SIERRA WAY
SAN BERNARDINO, CA 92401-1211
De=_;v
ReViewed as to Affirmative A:- ,:,r : Reviewed for Processing
,~:~rr:'ved 3S. '~I '-.9gal Form
.
~/
Date - -2 )fit/I--- -
.
: Agency Adminlstrator:CAO
C;:..~"t 'i Course
::::ne
')al€__
',c, 20 .' 20
~chment A page 1 of 5
Work Plan
FY 94-95
This work plan contains the measurable objectives mandated by DAAS of the Nutrition provider.
The workplan specifies and establishes time frames either on an annual basis or where required
by state regulations on a quarterly basis. _The work plan constitutes the primary document for
on-going monitoring, Annual Program Performance Review/Fiscal Audit and will be used to
measure the providers efforts towards providing quality Nutrition Services.
L Program Description
A. Geographic Area/Clientele & Eligibility CriteriR
1. The geographic area served by this contractor covers the communities of San
Bernardino City and Highland.
2. The clientele for congregate nutrition consists of:
a. Seniors 60 and over;
b. The spouse of any person 60 and over;
c. Handicapped or disabled individuals who reside in a housing facility
occupied primarily by the elderly at which congregate nutrition services are
provided,
d. A handicapped or disabled child who lives with an elderly individual and;
e. Any volunteer regardless of age who volunteers his/her time at a meal
preparation site at least eight hours per month.
B. Program DescriptWn
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 375 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 per year for a total of 95,423 meals per
year at the sites listed in Exhibit A-I.
2. Provide Congregate meals to at least 376 unduplicated seniors of which 225 are
minority low-income seniors.
3. Provide oulre..ch in the community through a minimum of 12 presentations to
community groups, organizations, etc. and through door-to-door contact to new
seniors of at least 254 presentations which represents at least 254 hours of
outreach activity, and is exclusive of the periodic home visits conducted by the
provider to their current participants homes. All outreach will be documented
and kept on file for the Annual Program Performance Review.
~ 'chment A page 2 of 5
4 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. 1be
returned surveys and the tabulated results must be kept on file for review by
DAAS.
5. Prepare posters and signs in languages other than English, and post the signs in
such locations as churches, community service locations and small stores
serving the minority communities.
II. Service Delivery Activities
A. Staffing and Volunteers
Sufficient personnel shall be available to carry out the needs of the program. This
includes a Project Director and additional personnel as determined by the size of the
service area and the method and level of service provision needed to fully comply
with the terms of this workplan and contract
t. Paid Staff
a. Food Supervisor II
b. Food Supervisor I
c. Food Worker II
d. 2 Food Worker I's
e. 8 Kitchen Helpers
f. 2 Drivers
g. 3 Recreation Leaders
h. Senior Recreation Supervisor
fTE
1.00
1.00
t.OO
1.00
4.00
t.OO
1.13
.25
2. Volunteer Staff
%0
tOO
tOO
tOO
tOO
tOO
tOO
tOO
tOO
%C2
o
o
o
o
o
o
o
o
a. Volunteers constitute individuals who work at least eight hours per-month
without pay in the performance of essential duties at a Congregate or Home-
delivered kitchen.
b. Volunteers shall be recruited ar1d used in all phases of services operations.
Volunteers shall:
i. Be screened and selected through a formal process that assesses their
capabilities, ar1d;
ii. Not replace paid personnel.
c. Individuals who work at a meal preparation site for either Congregate or
Home-delivered Meals and are paid through Job Training and Partnership
Act, Senior Employment, Work Study, or any other job training program are
not considered volunteers and must pay the agreed upon rate charged for
regular paid staff.
B. Staffing Definitions-Nutrition Services Project Director: The minimum qualifications
for a Nutrition Project Director include individuals with an associate degree with
emphasis in:
t. Food services management
2. Business administration
3. Personnel and/or Human Resources Management, or Gerontology
'lchment A page 3 of 5
4. Two years of experience with increasing responsibility
C. Training Activities
1. Provide training at least four times a year to improve the paid staff and
volunteers skills and understanding of the Nutrition Program. In addition,
annually evaluate the paid staff and volunteer's performance to determine
his/her effectiveness, skill development and understanding of the tasks they
are assigned. Documentation of the training and 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.
D. Service LoaJtWns
1. 5th Street Senior Center Site
2. Hernandez Site
3. Lytle Creek Site
4. Highland Site
5. . Nicholson Site
6. Perris Hill Senior Center Site
7. Enterprise Center Site
8. Adult Day Care/Highland Site
E. Menu Planning
1. Coordinate with the Department's Nutritionist by providing monthly menus. No
change to the menus will occur without a two day prior notice to DAAS and
proper documentation kept on file at the 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 be
served at least once a week if not more often.
m. Other Service Requirements
A. Meal Sile Physical Sd-Ilp
1. Provide an attractive environment including but not limited to table cloths, table
decorations, bulletin boards, wall decorations, matching dishes and utensils.
Further, the provider will encourage creative, appealing, and innovative
activities aimed at encouraging greater participation by the seniors.
2. Post floor plans identifying emergency exits, assembly areas, etc. and conduct
evacuation drills at least twice a year. Proof of evacuation drills will be kept on
file duly signed by the Fire Marshall, or other authorized agency within the
community where the site or sites are located.
J lehment A page 4 of 5
3. Post "NO SOLIOTING" 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. Encourage seniors to donate by posting motivational signs, and by verbally
reminding the participants about the importance of their contributions. The
provider 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 colIection 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 aUowed at the colIection box.
2. 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.
2. Include the following statement on all advertising, brochures, posters, etc.
"Funding for this service has been provided by the San Bernardino County Department
vf Aging and Adult Services through a grant award from the California Department vf
Aging".
3. Coordinate service with other county departments and local agencies by
providing time for presentations or special activities that promote a Community
Bases System of Care for the elderly participants attending their sites. All such
activities must be documented and kept on 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 punishment,
fiduciary abuse, abandonment, isolation or other treatment with resulting
physical harm or pain or mental suffering or the deprivation by a care custodian
of goods or services which are necessary to avoid physical harm or mental
suffering.
2. Report accurate meal counts on CDA 187 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 aU of which will be kept on file
by month for annual review.
. ..tachment A page 5 of 5
3 Report monthly expenditures to OAAS by the 5th working day of the 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, tl\at support claimed in-kind expenditures.
5 By September 30, report expenditures funded with Deferred Income.
6. Develop and have on hand, for review by OAAS, a cost allocation plan which
explains the methods used to allocate costs between Congregate and Home-
Delivered Meals or any other program funded by OAAS, 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.
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EXHIBIT "B"
CITY OF SAN BERNARDINO
BUDGET SUMMARY
FY 1994-95
Expenditures:
Revenues:
Title III, Older Americans Act
C-l
C-2
U.S. Department of Agriculture
C-l
C-2
TOTAL REVENUES
FY 1994-95
FUNDING
$152,191
-0-
$152,191
$ 55,155
-0-
$ 55,155
$207,346
$207,346
1
elm C20 maD m D D m FD vn OMBD vn ELD ABUSE 0 Other
Expenditure Category Fundln~ Mat Total
Less Me ch Cash hKrd
1. PERSONNEL 156,305 156,305
2. SfAFF TRAVEL 1,200 L 200
3. SfAFF TRAINING -0- -0-
4. EQUIPMENf -0- -o-
S. CONSULTANTS -0- -0-
6. FOOD cosr * 141,391 4,200 145,591
7. aTHER cosr 32,500 32,500
Total Expenditure 331,396
LESS FUNDING:
~5::;~ NonMatchUSDA 55,155
Non Match Cash
Non Match In-Kind
Project/Meals Income 124 , 050
Deferred Income
83,145
414,541
55,155
124,050
152 191
DATE OF SUBMISSION June 30, 1994
PROVIDER NAME CITY OF SAN BERNARDINO
SAN BERNAROlNO COONTY-i>AAS f<>rm 312~Wed r:R123/93
152,191
INITIAL BUDGET []
REVISED BUDGET 0