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HomeMy WebLinkAbout13- Parks, Recreation and Community Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Parks, Recreation and Bernardino authorizing the City Manager to Community Services Dept. execute Contract 07481 A-4 with the County of San Bernardino Department of Date: December 21, 2009 Aging and Adult Services (DAAS), accepting the amount of $28,500 to supplement program expenses for Fiscal Year 09/10 as recipients of American Recovery and Reinvestment Act (ARRA) stimulus funds. M/CC Meeting Date: January 4, 2010 Synopsis of Previous Council Action: June 4, 2007 — Mayor and Council adopted Resolution 2007-180 authorizing the Department to apply for and administer the grant from San Bernardino County Department of Aging and Adult Services for the administration of the Senior Nutrition Program. Recommended Motion: Adopt Resolution. Signature Contact person: Robert Lennox Phone: 384-5233 Supporting data attached: Stan report, reso.a Contract Ward: city-wide FUNDING REQUIREMENTS: Amount: $28,500 Source: (Acct. No.) 123-xxx-xxxx (Acct Description) Senior Nutrition Program Finance: Council Notes: Agenda Item No. 13 D�.�(a{�ycayt,# Pages CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Contract 07481 A4 with the County of San Bernardino Department of Aging and Adult Services(DAAS), accepting the amount of$28,500 to supplement program expenses for Fiscal Year 09/10 as recipients of American Recovery and Reinvestment Act (ARRA) stimulus funds. Background: The American Recovery and Reinvestment Act of 2009 (ARRA) provides for assistance to State and local agencies to develop nutrition programs for the elderly. The County of San Bernardino Department of Adult and Aging Services(DAAS) has been allocated ARRA funds by the California Department of Aging for the purpose of administering nutrition programs for the elderly. DAAS has found the City qualified to provide nutrition programs for the elderly, and desires that such services be provided by city staff how are capable of performing these services according to the specific terms and conditions provided by the Contract. The Senior Nutrition Program Contract 07481 A4 is an agreement between the City and the County of San Bernardino (DAAS) to provide an additional $28,500 in American Recovery and Reinvestment Act (ARRA) stimulus funding to supplement existing Senior Nutrition Programming. The existing program is currently funded by a grant from the County of San Bernardino Department of Aging and Adult Services(DAAS) and the City has been a recipient of this funding for the past ten years. The current grant began in FY 07/08 covering three (3) years of contract services. This supplemental contract provides additional funds for food service related expenses from February 1, 2010 to June 30, 2010. The stimulus money allows program staff to fulfill a goal of serving 5,154 meals in FY 09/10. The funds will be used to supplement food supply costs and consumables to increase the number of seniors served daily at all seven meal sites. Existing funding through the Attached is the County of San Bernardino FAS standard Contract 07-481 A-4 requiring execution prior to fund availability, reimbursement, or use. The submittal deadline for the executed contract is January 11, 2010 to allow County Board time to approve and execute prior to expenditure. Financial Impact: There is a 15% minimum in-kind matching contribution requirement for FY 09/10 ARRA stimulus funding. This is met through a percentage of personnel, building and utility costs, which are funded in the Parks, Recreation and Community Services operating budget, also shown in the budget attachment (acct 123-xxx-xxxx). Recommendation: Adopt Resolution. I RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 3 07481 A-4 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES(DAAS),ACCEPTING THE AMOUNT OF$28,500 TO SUPPLEMENT 4 PROGRAM EXPENSES FOR FISCAL YEAR 09/10 AS RECIPIENTS OF AMERICAN RECOVERY AND REINVESTMENT ACTION (ARRA) STIMULUS FUNDS. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized to execute Contract 07-481 A-4 with 9 the County of San Bernardino Department of Aging and Adult Services to supplement funding for 10 Senior Nutrition Programming currently contracted with the County of San Bernardino Department 11 of Aging and Adult Services in the form attached hereto marked Exhibit A and by this reference made 12 a part hereof. 13 14 15 16 17 18 19 20 21 22 23 24 25 © 26 27 28 FAWILSON\Resoludons\RESO-Parks 12.29.09.wpd I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 2 07-481 A4 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES(DAAS),ACCEPTING THE AMOUNT OF$28,500 TO SUPPLEMENT 3 PROGRAM EXPENSES FOR FISCAL YEAR 09/10 AS RECIPIENTS OF AMERICAN RECOVERY AND REINVESTMENT ACTION(ARRA) STIMULUS FUNDS. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of 2010, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 CITY CLERK 18 The foregoing Resolution is hereby approved this day of 2010. 19 20 PATRICK J. MORRIS, Mayor 21 City of San Bernardino 22 Approved as to form: 23 JAMES F. PENMAN, City Attorney 24 By: 25 26 27 28 2 F9WILS0N\Reso1ud0ns\RES0-Parks 12.29.09.wpd FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number ;E Change c Cancel CITYOFS772 SC OOA 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 Sharon Alston (909)386-8145 $28,500 F A S Contract Type venue Encumbered n n mbered r: h If not encumbered or revenue contract e, rovide reason: STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 95200 February 1, 2010 June 30,2010 $28,500 $ Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOB No Amount AAF OOA AR10 200 2445 ClARRANY10 $28,500 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source RC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Senior Nutrition Services FY Amount I/D FY Amount I/D 09/10 $28,500 1 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name r f San Bernardino hereinafter called Contractor Ao—. Ss 300 N. D. Street San Bernardino, CA 92418 Phone Birth Date (909) 384-5231 Federal ID No.or Social Secu*No. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the County desires to provide nutrition programs for the elderly; and WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) provides for assistance to State and local agencies to develop nutrition programs for the elderly; and WHEREAS, County has been allocated ARRA funds by the California Department of Aging for the purpose of administering nutrition programs for the elderly; and WHEREAS, County finds Contractor qualified to provide nutrition programs for the elderly, and WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services according to the specific terms and conditions provided by the Contract. NOW THEREFORE, in consideration of the mutual promises contained herein, County and Contractor mutually agree to the following terms and conditions: Auditor/Controller-Recorder Use 0 ❑Contract Database ❑FAS Input Date Keyed By Exhibit "A" Page 1 of 28 TABLE OF CONTENTS I. DEFINITIONS...................................................................................................................................3 II. CONTRACTOR SERVICE RESPONSIBILITIES..............................................................................4 III. CONTRACTOR GENERAL RESPONSIBILITIES ............................................................................7 IV. COUNTY RESPONSIBILITIES.......................................................................................................17 V. FISCAL PROVISIONS....................................................................................................................17 V1. RIGHT TO MONITOR AND AUDIT......................................................................................................21 VII. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES .....................24 Vlll. TERM ...................................................................................................................................................25 IX. EARLY TERMINATION........................................................................................................................25 X. GENERAL PROVISIONS.................................................................................................................... 25 XI. CONCLUSION .................................................................................................................................... 27 ATTACHMENT A—WORK PLAN/SCOPE OF WORK ATTACHMENT B-1 — BUDGET LINE ITEMS ATTACHMENT B-2— BUDGET IN-KIND NARRATIVE ATTACHMENT B-3 — SCHEDULE OF PERSONNEL ATTACHMENT C — CLIENT COMPLAINT AND GRIEVANCE PROCEDURES ATTACHMENT D — ASSURANCE OF COMPLIANCE ATTACHMENT E — DISCLOSURE OF LOBBYING ACTIVITIES ATTACHMENT F — INFORMATION SHEET ATTACHMENT G —CDA 1024 ATTACHMENT H — CDA 1025 Page 2 of 28 1. DEFINITIONS �^ A. ARRA- American Recovery and Reinvestment Act of 2009 B. Cash Match — Cash, other than program income, contributed to the project from local or State funds. With the exception of Community Development Block Grants (CDBG), Federal funds cannot be used as cash match. C. CDA— California Department of Aging D. CDA PM —Title III Program Manual for Area Agencies on Aging —This manual is based on Federal Regulations for Title III published March 31, 1980 (CRF, Chapter 8, Subchapter C, Part 1321), and pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980. E. CFR— Code of Federal Regulations F. Contract — The coversheet, the terms and conditions, work plan, budget display, budget summary, exhibits, attachments, addendums, and amendments, unless otherwise specified. G. Contractor—The entity to which funds are awarded under this Contract and which is accountable to DAAS for use of these funds and is responsible for executing its provision and services. H. Cost Reimbursement — Payment method based on cost of providing services which may include overhead, personnel, utilities, etc., and scopes of work and approved budget. I. CRFC — California Retail Food Code (Section 113700 et seq., California Health and Safety Code); replaces California Uniform Retail Food Facilities Law(CURFFL). J. DAAS — Refers to the County of San Bernardino Department of Aging and Adult Services, which is a County department that provides services to seniors and at-risk adults to improve or maintain choice, independence, and quality of life. DAAS works to ensure that seniors and adults with disabilities have the right to age in place in the least restrictive environment. K. Elderly—Any individual who is sixty (60) years of age or older; also "older individual." L. General Program Income — Meal income received in the form of contributions or donations made by the elderly for services rendered under this Contract. M. HACCP — Hazard Analysis Critical Control Point N. HS — Refers to the County of San Bernardino Human Services, which is a system of integrated services where the programs and resources of eight County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort. O. In-Kind Match — Refers to donated building space, volunteer time, donated equipment, etc. Cash contributions are not in-kind. P. In-Kind Contributions — Property, equipment, services (e.g. volunteer services) and supplies benefiting a CDA supported program or activity, which is contributed by non-Federal third parties pwithout charge to the Contractor. Q. Non-Expendable Personal Property — Tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. Page 3 of 28 R. OAA— Older Americans Act— Provides comprehensive, coordinated, community-based systems of service to persons age 60 and older to enable them to maintain health, personal dignity, and independence. S. Older Individual— Individual who is 60 years of age or older T. OMB— Office of Management and Budget U. Project Income — Any income earned by Contractor during the term of the Contract from activities supported in part or total by federal funds, including, but not limited to: • Income in the form of fees for services performed during the Contract period • Proceeds from the sale of tangible or real property • Proceeds from the sale of equipment and/or supplies acquired for use • Usage or rental fees Interest • Patent or copyright royalties • Contribution or donations made by the elderly V. Reimbursable Item —Allowable cost and compensable item W. Service Area — Defines a geographic area to be served under this program. X. State— State of California Y. Title III —Title III of the Older Americans Act Z. USC— United States Code AA. USDA— United States Department of Agriculture BB. W & I —Welfare and Institutions Code II. CONTRACTOR SERVICE RESPONSIBILITIES A. Contractor shall, in a satisfactory manner as determined by DAAS, conduct, administer and provide the Nutrition Program for the elderly as defined in the Work Plan/Scope of Work FY 2009-2010 .(Attachment A), attached hereto and incorporated by reference into this Contract. 1. Appropriate food containers and utensils for blind and handicapped participants shall be available on request. 2. All participants are to be permitted to eat in a leisurely fashion. 3. Meals are to be served in a courteous and friendly manner. 4. The facility is to maintain adequate lighting and ventilation. The facility is to meet all applicable health, fire, safety, and sanitation regulations. 5. Contractor is to provide restrooms that are clean, adequate, and well equipped. 6. Contractor is to provide tables and chairs that are sturdy and appropriate for the participants. Tables are to be arranged to assure a pleasant atmosphere and to encourage socialization. Page 4 of 28 7. Contractor shall provide a sufficient number of tables surrounded by adequate aisle space (a minimum width of 3 feet, 8 inches) to allow for persons with canes, walkers, crutches, or wheelchairs to move with ease. 8. 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. 9. Whenever two (2) or more persons manifest the symptoms of food borne illnesses within a similar time frame after consuming food served under the Nutrition Program, Contractor shall notify the local health authorities to initiate an investigation. Contractor shall notify DAAS within twenty-four(24) hours of such an occurrence. 10. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. Copies of all inspection reports shall be maintained on site for DAAS review. B. Contractor agrees to participate in appropriate employee training and development provided by DAAS, the CDA and the Administration on Aging. C. Contractor shall complete a written work performance evaluation annually on all paid and volunteer employees. D. Contractor shall insure all paid and volunteer employees/staff attend the Adult Abuse Reporting Training, and read and sign a certification of understanding of the Adult Abuse Reporting Act. E. In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in the event of disaster, Contractor shall maintain accurate lists of all participants who are receiving home-delivered meals and/or other services due to impairments that render them at risk of serious injury or death. Contractor shall coordinate and report disaster services and issues with DAAS. F. Contractor understands that one of its responsibilities under this Contract is to ensure that preference shall be given to providing services to older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals. The term "greatest economic need" means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term "greatest social need" means the need caused by non-economic factors which include physical or mental disabilities, language barriers, and cultural or social isolation, including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently. G. Reports 1. Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data and information requested by DAAS pertaining to Contractor's performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the event of changes in these forms, DAAS .shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control. 2. Contractor shall meet the following standards for the submission of required reports: Page 5 of 28 a. Financial Reporting - Accurate, current and complete disclosure of the financial results of the program shall be made in accordance with the ,financial reporting requirements of the Contract. The following reports are to be submitted to DAAS when indibated: 1) Monthly • Expenditure Report/Request for Reimbursement form — Due to DAAS Administration by the 5h working day of the month following the month of service. Expense reimbursement shall be based on Budget Summary (Attachment B). 3. All Nutrition Contractors that provide services to 500 or more clients per year are required to utilize and maintain an Internet based client tracking system provided by DAAS. H. Records 1. The Contractor shall maintain complete records (which shall include, but not be limited to, accounting records, contracts, agreements, reconciliation of the "Financial Closeout Report" to the audited financial statements, a summary worksheet of results from the audit resolutions performed for all subcontractors with supporting documentation, letters of agreement, insurance documentation in accordance with this Contract, Memorandums and/or Letters of Understanding, patient or client records and electronic files) of its activities and expenditures hereunder in a form satisfactory to the County and/or State and shall make all records pertaining to this Contract available for inspection and audit by the County and/or State or its duly authorized agents, at any time during normal business hours. All such records must be maintained and made available by the Contractor; (a) until an audit `... has occurred and an audit resolution has been issued or unless otherwise authorized in writing by County, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Contract, or by Section II, Paragraph H, Items 2 and 3 of this Contract, and (c)for such longer period as County deems necessary. 2. In the event this Contract is either completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in Item 1 above. The Contractor shall ensure that any resource directories and all client records remain the property of DAAS upon termination of this Contract, and are returned to DAAS or transferred to another Contractor as instructed by DAAS. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and made available until every action has been cleared to the satisfaction of the County and/or State and is stated so in writing to the Contractor. 4. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the County under this Contract. 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 and Procedures, the expenditures will be questioned in the audit and may be disallowed by the County and/or State during the audit resolution process. I 5. After the authorized period has expired, confidential records shall be destroyed by f shredding and disposed of in a manner that will maintain confidentiality. Page 6 of 28 III. CONTRACTOR GENERAL RESPONSIBILITIES A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino. B. Contractor certifies that it and its subcontractors: 1. Are not presently disbarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Have not within a three-year period preceding this Contract 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; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Item 2 of this certification; and 4. Have not within a three-year period preceding this Contract had one or more public transactions (federal, state, or local)terminated for cause or default. C. Contractor shall report immediately to the County in writing any incidents or alleged fraud and/or abuse by either Contractor or Contractor's subcontractor(s). Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the County. D. Without the prior written consent of the Assistant County Administrator for Human Services, this Contract is not assignable by Contractor either in whole or in part. E. Contractor agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. F. If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. G. Subcontracts O The Assistant County Administrator for Human Services is designated the authority to approve one or more subcontracts, provided each subcontract meets the following terms and conditions. 1. The policies and procedures used in processing and awarding the subcontracts were: Page 7 of 28 a. Organized and structured; tf. Reasonable and equitable; C. Documented and approved by appropriate authorities; d. Consistent with applicable federal, state, and local procurement requirements; e. Uniformly applied; and f. Open for public review and scrutiny. 2. All subcontracts require the advance written approval of the Director of DAAS or his/her designee. 3. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fully responsible for the performance of any subcontractor. 4. Funds for this Contract shall not be obligated in subcontracts for services beyond the termination date of this Contract. 5. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of the County. 6. Copies of 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. 7. A copy of the executed subcontract shall be submitted to the Director of DAAS. H. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within the County of San Bernardino or within a reasonable driving distance. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. Records, should include, but are not limited to, monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Office of Management and Budget (OMB) Circulars that state the administrative requirements, cost principles and other standards for accountancy. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract. I. Contractor shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers. J. Contractor shall notify County of any continuing vacancies and any positions that become vacant :✓ during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible. Vacancies and associated Page 8 of 28 problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems. r� K. Contractor shall designate an individual to serve as the primary point of contact for the Contract. Contractor shall notify HS when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to County inquiries within two (2) County business days. L. Contractor shall ensure that staff and volunteers are knowledgeable on the Client Complaint and Grievance Procedures for Older Americans Act Programs (Attachment C), and ensure that any complaints by clients are referred to the County in accordance with the procedure. Contractor agrees to document, investigate, and resolve any and all client or potential client complaints relating to this program. The procedure must be in writing and posted in clear view of all recipients. M. Contractor shall keep the County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. Further, a County representative shall have the option of attending Board meetings during the term of this Contract. N. Information Integrity and Security 1. Information Assets The Contractor shall have in place operational policies, procedures, and practices to protect State information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual, section 4841.2., GC section 11019, Department of Finance (DOF) Management Memo 06-12, and DOF Budget Letter 06-34. Information assets include (but are not limited to): • Information collected and/or accessed in the administration of the State programs and services. • Information stored in any media form, paper or electronic. 2. Encryption on Portable Computing Devices The Contractor is required to encrypt (or use an equally effective measure), any data collected under this agreement that is confidential, sensitive, and/or personal including data stored on portable computing devices (including but not limited to, laptops, personal digital assistants, and notebook computers) and/or portable electronic storage media (including but not limited to, discs and thumb/flash drives, portable hard drives). 3. Disclosure a. The Contractor shall ensure that personal, sensitive and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies. b. The Contractor shall protect from unauthorized disclosure names and other © identifying information, concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying i ny participant. C. "Identifying information" shall include, but not be limited to, name, identifying number, social security number, state driver's license or state identification number, Page 9 of 28 financial account numbers, symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph. r^ i` d. The Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this agreement. e. The Contractor shall not, except as otherwise specifically authorized or required by this agreement or court order, any identifying information obtained under the terms of this agreement to anyone other than DAAS and/or CDA without prior written authorization from DAAS or CDA, except by court order. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant. f. The Contractor may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant. 4. Training/Education a. The Contractor must provide ongoing education and training, at least annual!,,, to all employees and subcontractors who handle personal, sensitive or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at www.aoinp.ca.00v within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee, subcontractor or volunteer. The Contractor must maintain certificates of completion on file and provide them to DAAS upon request. o. Training may be provided on an individual basis or in groups. A sign-in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available, a hardcopy of the training module may be provided to employees and/or volunteers for their completion. b. Contractor may substitute CDA's Security Awareness Training program with its own Security Training provided such training meets or exceeds CDA's training requirement. ContractorsNendors shall maintain documentation of training and education provided to their staff, volunteers, and/or subcontractors. c. All employees and volunteers who handle personal, sensitive or confidential information relating to CDA's programs must participate in Security Awareness Training. 5. Health Insurance Portability and Accountability Act (HIPAA) The Contractor agrees to comply with the privacy and security requirements of the HIPAA to the extent applicable and to take all reasonable efforts to implement HIPAA requirements. Contractor will make reasonable efforts to ensure that subcontractors comply with the privacy and security requirements of HIPAA. 6. Contractor Confidentiality Statement The Contractor shall sign and return a ContractorNendor Confidentiality Statement CDA -.� 1024 form with this Agreement. This is to ensure that Contractor/Vendors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure. Page 10 of 28 7. Security Incident Reporting j A security incident occurs when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization, or are lost, or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS within five (5) business days of the date the incident was detected. 8.1 Notification of Security Breach to Data Subjects a. Notice must be given by the Contractor or subcontractor to any data subject whose personal information could have been breached. b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary measures to restore system integrity are required. c. Notice may be provided in writing, electronically, or by substitute notice in accordance with State law, regulation, or policy. 9. Software Maintenance The Contractor shall apply security patches and upgrades and keep virus software up-to-date on all systems on which data collected under this agreement that is confidential, sensitive and/or personal may be used. �. 10. Provisions of this Article The provisions contained in this Article shall be included in all contracts of both the contractor and its subcontractors. O. Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract. Contractor and their employees shall sign a confidentiality statement and complete the annual training posted on CDA's website, www.aging.ca.gov, within thirty days from the effective date of this Contract. P. Contractor agrees to and shall comply with the County's Elder and Dependent Adult Abuse Reporting requirements: 1. Contractor will ensure that all known or suspected instances of elder or dependent adult abuse are reported in writing to DAAS Adult Protective Services. 2. In accordance with W & I Code Section 15630, all employees of the Contractor and its subcontractors are mandated reporters of elder and dependent adult abuse. Contractor assures all employees, agents, consultants or volunteers who perform services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement, Page 11 of 28 upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them. 3. Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults by telephone immediately or as soon as practically possible, under the following circumstances: a. When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, financial abuse, or neglect; or b. When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, financial abuse, or neglect; C. A written "Report of Suspected Dependent Adult/Elder Abuse" (SOC 341) must be submitted within two (2) working days of making the telephone report to the responsible agency, as defined below in Item 4. 4. Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: a. If the abuse has occurred in a long term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long-Term Care Ombudsman or local law enforcement; b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental services or to the local law enforcement; C. If the abuse occurred anywhere other than a long-term care facility or State mental hospital or State developmental center, the report shall be made to Adult Protective Services or local law enforcement. 5. Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations. Q. Any Contractor who provides home delivered meals 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. This includes licensed personnel who are not able to provide documentation of prior Department of Justice clearance. A copy of a license from the State of California is sufficient proof. County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services. R. rContractor shall notify County of any staff member, paid intern or volunteer who is knowingly or ® negligently employed who, has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify County. In the County's discretion, the County may instruct Contractor to take action to either Page 12 of 28 5. Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations. Q. Any Contractor who provides home delivered meals 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. This includes licensed personnel who are not able to provide documentation of prior Department of Justice clearance. A copy of a license from the State of California is sufficient proof. County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services. R. rContractor shall notify County of any staff member, paid intern or volunteer who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify County. In the County's discretion, the County may instruct Contractor to take action to either deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services. Contractor shall immediately notify HS concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor. S. Conflict of Interest The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, or other ties. In the event that the County determines that a conflict of interest exists, funds may be disallowed by the County and such conflict may constitute grounds for termination of the Agreement. This provision shall not be construed to prohibit employment of persons with whom the Contractor's officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis. T. Contractor agrees to and shall comply with the following indemnification and insurance requirements: This section does not apply to self insured government agencies. 1. Indemnification - The Contractor agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. ® 2. Insurance — Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Contract the following types of insurance with minimum limits as shown: Page 13 of 28 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). 3. Additional Named Insured — All policies, except for Workers' Compensation, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. 4. Waiver of Subrogation Rights — Contractor shall require the carriers of the above-required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 5. Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. 6. Proof of Coverage - Contractor shall immediately fumish certificates of insurance to the County Department administering the Contract evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, the Contractor shall fumish certified copies of the policies and all endorsements. 7. Insurance Review - The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. 8. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30)days of receipt. U. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. V. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. Q W. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance requirements: Page 14 of 28 1. Equal Employment Opportunity Program: The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bemardino and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended by Executive OrdeY 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the California Department of Social Services Manual of Policies and Procedures and California Welfare and Institutions Code, Section 10000), the California Fair Employment and Housing Act, and other applicable Federal, State, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted. The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from County HS Contracts Unit. 2. Civil Rights Compliance: The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by State regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with County HS Contracts Unit within 30 days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, HS shall supply a sample of the Plan format. The Contractor shall be monitored by HS for compliance with provisions of its Civil Rights Plan. 3. Contractor shall complete and submit Assurance of Compliance (Attachment D) in accordance with its instructions. �.r X. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA). Y. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 20, Division 2, California Code of Regulations). Z. If the amount available to Contractor under the Contract exceeds $100,000, Contractor shall comply with all applicable orders or requirements issued under the following laws: a. Clean Air Act(42 USC 7606) b. Section 508 of the Clean Water Act (33 USC 1368) C. Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.) d. Environmental Protection Agency Regulations (40 CFR, Part 32 and Executive Order 11738) AA. Contractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of this Contract. Recycled printed products shall include a symbol identifying the recycled material. BB. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cost under this Contract. in the event of any Contract dispute hereunder, each Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the © outcome of the dispute. CC. Contractor shall complete and submit Information Sheet (Attachment F) in accordance with its instructions. Page 15 of 28 DD. Contractor agrees any books, reports, pamphlets, papers, articles, or other materials published or transferred, including newspaper reports, based on activities funded by this Contract, must: 1. Carry an acknowledgement of funding by the San Bernardino County DAAS. The following language should be used: 'These materials or products are the result of a project funded in part or in whole by the County of San Bernardino Department of Aging and Adult Services through the Older Americans Act, as amended," and 2. Give the name of the entity, the address, and telephone number at which the supporting data is available; and 3. Include a statement that the conclusions and opinions expressed may not be those of the State, the County, and/or DAAS and that the publication may not be based upon or inclusive of all raw data. EE.. Contractor agrees to and shall comply with the following American Recovery and Reinvestment Act funding requirements: 1. Use of ARRA Funds and Requirements: This Contract is funded in whole with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or(iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the 'Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at htto://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Page 16 of 28 2. Schedule of Expenditure of Federal Awards: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. IV. COUNTY RESPONSIBILITIES CA. The County agrees to monitor and evaluate the performance of the Contractor in meeting the terms of the Contract and the quality and effectiveness of services provided based on the criteria as determined by the County. B. The County is to provide consultation and technical assistance in monitoring the terms of this Contract. C. The County agrees to compensate Contractor for approved expenses in accordance with Section V of this Contract. V. FISCAL PROVISIONS A. The maximum amount funds available under this Contract shall not exceed $28,500, of which $28,500 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem. B. Contractor shall be compensated on a cost reimbursement basis as established in Budget Summary(Attachment B). C. Contractor will provide a completed Expenditure Report/Request for Reimbursement form to DAAS by the 5`h working day of the month following the month of service, to the address below: DAAS Administration Attn: Nutrition Staff Analyst 686 East Mill Street Page 17 of 28 San Bernardino, CA 92415-0640 The County shall pay the Contractor for the authorized services of the previous month. Under normal conditions, Contractor shall expect payment approximately 30 days after submission of a correctly prepared invoice. D. County shall not approve any request for payment of funds until Contractor has properly filed completed reports as required under this Contract. If Contractor is not in compliance with any provision of this Contract, DAAS may withhold payment of any invoice submitted to DAAS by Contractor until such time as suitable documentation is submitted to DAAS and/or Contractor is deemed to be in compliance by DAAS. E. Contractor shall expend all funds received hereunder in accordance with this Contract. F. Contractor shall ensure that all expenditures are supported by properly executed payroll, time records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in part to this Contract. Such documents shall be clearly identified and readily accessible to DAAS staff, as may be required. G. DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS and/or CDA not to be in compliance with this Contract, or inappropriate to such activities, or for which there is inadequate supporting documentation presented, or for which prior approval is required but not granted. H. Contractor shall return to DAAS, immediately upon written demand, any funds provided under this Contract which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Contract, or the dissolution of the entity. I. Contractor must return any unspent funds with submittal of revised year-end Financial Closeout Report, based on independent audit. J. Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Contract separate from any other funds administered by the Contractor. Contractor shall maintain records in accordance with generally accepted accounting principles. K. Costs for services under the terms of this Contract shall be incurred during the Contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. L. Contractor is encouraged to seek contributions/donations from the elderly participating in the program. The program income goal for contributions/donations should be twenty-five percent (25%) or more of the total expenditures identified in the attached budget display. M. General program income shall be used to increase the number of elderly served by a project, to facilitate access to such meals, and to provide supportive services directly related to nutrition as defined in the Work Plan/Scope of Work (Attachment A). General program income shall be used within the program in which it was earned. N. Deferred Income Q Program income not utilized for current year expenditures in excess of the budgeted program income shall be identified as "deferred income". This income will be expended by September 30th of the following fiscal year. in addition, this income must be identified on page 6 of the year-end Financial Closeout Report and then carried forward as a budget item in the new fiscal/contract Page 18 of 28 year. Use of the deferred income must be reported in the Expenditure Report/Request for Reimbursement reports as spent, by September 30 of the following fiscal year. r- . When the amount of the deferred income is determined through the audit, Contractor shall revise the deferred income figure, previously reported, by adjusting the following month's expense report claim for reimbursement and shall submit a new budget reflecting the revisions. Deferred income will be used for general program expenditures, to increase the number of elderly served by the Nutrition Program, and to provide supportive services directly related to nutrition. Deferred income will be used within the program (i.e., congregate meal or home-delivered meal) in which it was earned. 0. The Contractor, by signing this Contract, hereby certifies to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, 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 federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities" (Attachment E), in accordance with its instructions. P Matching Contributions 1. The Contractor shall provide in-kind matching contributions of a minimum of 15%, as specified in Attachment B-1 of this Agreement. 2. Allowable match shall be in compliance with the following requirements: a. Matching in-kind contributions must be for allowable costs as determined by CDA PM. Allowable costs include but are not limited to rent, utilities, supplies, and . volunteers. b. To qualify as a matching in-kind contribution, indirect or Contractor allocated overhead expenses must be supported by a documented cost allocation plan. C. Matching means the value of third-party in-kind contributions and that portion of program and administrative costs funded (cash or in-kind) by the Contractor, subcontractor, or other local resources. d. Third party in-kind contributions are property or services provided which benefits a contract-supported project or program and which are contributed by non-federal third parties without charge to the Contractor or subcontractor. e. Third party in-kind contributions count towards satisfying a matching requirement only where the payments would be otherwise allowable costs if the party receiving the contributions were to pay for the costs. Page 19 of 28 f. Third party in-kind contributions must be necessary for the proper and efficient accomplishment of Nutrition Stimulus administration and program activities. g. Costs incurred by the Contractor or subcontractor must be verifiable from the records of the Contractor or subcontractor. h. Costs must be allowable as outlined in Office of Management and Budget (OMB) circulars and may be cash or in-kind contributions. i. Other local resources include cash donations (not including program income) and cash generated from fundraising activities. j. Contractor shall provide a Budget In-Kind Narrative statement (Attachment B-2) to DAAS identifying the type, rates applied and, if applicable, source/location of in-kind to be used as match for the period of the Contract. The identified in-kind match shall be reported monthly on the monthly expense reports. 1) Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. 2) All other in-kind contributions shall be valued at current market value. Q. Budget and Budget Revisions 1. The Contractor shall be reimbursed for expenses only as itemized in the budget approved by DAAS and supported by the completed Budget Line Items for FY 2009-2010 ARRA, Budget In-Kind Narrative and a Schedule of Personnel. 2. The budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Contractor's budget shall include, at a minimum, the following items when reimbursable under this Contract: a. Direct and overhead costs; b. Rental reimbursement items should specify the unit rate, such as the rate per square foot; 3. Budget and budget revisions shall adhere to any other provisions contained in the CDA PM. 4. The County Board of Supervisors delegates the authority to the Director of DAAS to make budget revisions provided the revisions do not result in the amount of the Contract exceeding the previously Board approved amount. Contractor shall submit in writing any request for budget changes, including line item changes, to the Director of DAAS. R. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. S. Funds made available under this Contract shall not supplant any federal, State o� any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect Page 20 of 28 to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. T. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. VI. RIGHT TO MONITOR AND AUDIT A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by County, Federal and State representatives for a period of three years after final payment under the Contract or until all pending County, State and Federal tW audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and be deducted from the following month's claim for reimbursement. E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor. - F. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within 60 days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit. G. Contractor agrees that County and CDA, or their designated representatives shall, at all times, have the right to review and to copy any records and supporting documentation pertaining to the performance of contracted services. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of CDA and DHS to audit records and interview staff in any subcontract related to performance of contracted services. (GC 8546.7, PCC 10115 at seq., CCR Title 2, Section 1896). H. Audit Page 21 of 28 1. Pursuant to OMB Circular A-133, Contractors expending $500,000 or more in federal funds within the Contractor's fiscal year must have a single audit performed. A copy of the audit �,.,. performed in accordance with OMB`Circular A-133 shall be submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 Contractors expending less than $500,000 in total federal funds are exempt from federal audit requirements but records must be available for review. 2. The funding source (Federal Grantor) for the following programs is the U.S. Department of Health and Human Service. 93.705 Home Delieverd Meals ARRA 93.707 Congregate Meals ARRA 3. Single audit reports must meet OMB Circular A-133 requirements and must be: a. Performed timely — The audit is required to be completed not later than 9 months after the end of the subcontractor's fiscal year. The audit report is due to DAAS not later than 30 days after the completion of the audit. b. Properly procured — Use OMB Circular A-110 procurement standards and provide maximum opportunities to small and minority audit firms. C. Performed in accordance with Government Auditing Standards — The audit shall be performed by an independent auditor and be organization-wide. d. All inclusive —The audit includes an audit of the financial statements; an assessment of internal controls, including tests of transactions; and a determination of compliance with laws and regulations of all major federal programs and selected non-major program transactions. Audits shall be performed in accordance with requirements applicable to this program as identified in OMB Circular A-133 Compliance Supplement. The County shall have access to all audit reports and supporting work papers, and the County has the option to perform additional work, as needed. All audits shall consider the programs identified in Section VI, Paragraph H, Item 2 as a cluster for purposes of determining major programs or whether a program specific audit may be elected. 4. To ensure that OMB Circular A-133 requirements are met, the audit report shall consist of the following parts: a. A report on the financial statements, a schedule of federal awards, which must report in-kind match, along with the auditor's opinion on the financial statements; (� b. A report on the entity-wide internal control systems based on the auditor's `�•r understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit); a report on internal controls (accounting and administrative) designed to provide reasonable assurance of Page 22 of 28 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 listed. These requirements may be met by the following: 1) A report on compliance with general requirements applicable to federal programs drawn from the relevant OMB Compliance Supplement; 2) An opinion on compliance with specific requirements applicable to each major program. The opinion should specify whether information contained in federal financial reports is supported by books and records and amounts claimed and used for matching meet applicable cost principles. d. A report on fraud, abuse, illegal acts or indications of such act, if necessary; e. A schedule of reportable conditions (including material weaknesses) for internal control findings and a schedule of findings and questioned costs for compliance findings (if not included in the internal control or compliance reports); a management letter; separate communication of nonmaterial findings relative to federal programs. 5. Contractor shall include in all contracts with auditors selected to perform audits that include monies awarded through this Contract, language clearly stating the auditors will comply with all applicable audit requirements, and permit access by the County and State to the work papers of the independent auditor. 6. Audits to be performed shall be minimally financial and program compliance audits, and may include economy and efficiency and/or program results audits. 7. Unless prohibited by law, the cost of audits made in accordance with provisions of the Single Audit Act Amendments of 1996, are allowable charges to federal awards. The costs may be considered a direct cost or an allocated indirect cost, as determined in accordance with provisions of applicable OMB cost principle circulars. Contractor may not charge to federal awards the cost of any audit under the Singe Audit Act Amendments of 1996, not conducted in accordance with the Act. 8. Contractor shall notify DAAS of the time and location of scheduled entrance and exit conferences with independent auditors so that appropriate County staff may participate. 9. 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 Contract and prior to the exit conference. Within 120 days after the termination or expiration of this Contract, the final independent audit report of related expenditures during the term of this Contract, shall also be filed with the County. 10. Contractor shall 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. Page 23 of 28 11. Contractor must take appropriate action to correct instances of non-compliance with federal laws and regulations within six (6) months after DAAS has received the audit report. VII. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: 1. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or 2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or 3. Withhold funds pending duration of the breach; and/or 4. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed; and/or 5. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the �- balance, if any, shall be paid by the Contractor upon demand. C. The Contractor agrees that any remedy provided in this Contract is in addition to and not in derogation of any other legal or equitable remedy available to the County as a result of breach of this Contract by the Contractor, whether such breach occurs before or after the termination of the Contract. D. Appeal Procedures If Contractor disagrees with any decision or action taken by the County or DAAS 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 DAAS Deputy Director of Administrative Services ("DAAS 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 DAAS 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 DAAS Deputy Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the DAAS Deputy Director's response is not satisfactory, to the Director of DAAS within fifteen (15) business days of receipt of the DAAS Deputy Director's response. The filing address is 686 East Mill Street, San Bernardino, California, 92415-0640. The Director of DAAS shall Page 24 of 28 provide a written response to Contractor within fifteen (15) business days. The Director of DAAS shall have final authority for the decision on the grievance except as provided below. C3. If Contractor is not satisfied with the DAAS Directors response, Contractor may file 9 written grievance appeal, which shall include a statement by the Contractor as to why the DAAS Director's response is not satisfactory, to the Assistant County Administrator (ACA) of the Human Services within fifteen (15) business days of receipt of the DAAS Director's response. The filing address is 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, California, 92415-0128. The Assistant County Administrator shall provide a written response to Contractor within fifteen (15) business days. The Assistant County Administrator 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 ACA'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 Director of DAAS' decision. Contractor shall submit to CDA the original written grievance along with a copy of the DAAS Deputy Director's written response, the Contractor's appeal to the Director of DAAS, the Director of DAAS' decision, the Contractor's appeal to the Assistant County Administrator, and the Assistant County Administrators' decision. CDA shall have final authority for the decision on the grievance. VIII. TERM This Contract is effective as of February 1, 2010, and expires June 30, 2010, but may be terminated earlier in r accordance with provisions of Section IX of the Contract. IX. EARLY TERMINATION A. The County may terminate the Contract immediately in the event that funds are not available to the County pursuant to Section V, Paragraph A of this Contract and/or under the provisions of Section VII, Paragraph A, Item 5 of this Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant County Administrator — Human Services is authorized to exercise the County's rights with respect to any termination of this Contract. B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to 'the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination. Any remaining balance of an advance payment is immediately due and payable to the County. X. GENERAL PROVISIONS A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. Contractor: City of San Bernardino 300 N. D. Street San Bernardino, CA 92418 County: County of San Bernardino \r/ Human Services Attn: Contracts Unit 150 S. Lena Road Page 25 of 28 San Bernardino, CA 92415-0515 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. C. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. D. The State and County shall have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with Federal financial participation. The Federal Government (DHHS and FCS) reserves a royalty-free, nonexclusive, and irrevocable license ^� to reproduce, publish or otherwise use and to authorize others to use for Federal Government purposes, such software modification, and documentation. Proprietary software packages that are sold or leased to the general public are not subject to the ownership provisions. E. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. F. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. G. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. H. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected. I. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive Page 26 of 28 jurisdiction of the federal court located in the County of Riverside and the State court located in the County of San Bernardino, for any and all disputes arising under this Contract, to the exclusion of all other federal and State courts. XI. CONCLUSION A. This Contract, consisting of 28 pages and Attachments A through H, is the full and complete document describing services to be rendered by Contractor to County including all covenants, conditions and benefits. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. Page 27 of 28 C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. APPROVED AS TO FORM- )nmce F. Fenmalk r :' City Attorney t' '3 t COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation, company, contractor, etc.) ► By ► Gary C. Ovitt, Chairman, Board of Supervisors (Authorized signature-sign in blue ink) Dated Name SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE Title CHAIRMAN OF THE BOARD (Print or Type) Laura H.Welch Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 300 N. D. Street Deputy San Bernardino, CA 92418 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature Ja—feline Carey-Wilson, Deputy County Counsel Lory Klopfer HS Contracts Unit Colleen Krygier,Director DAw , Date Date Page 28 of 28 ATTACHMENT A American Recovery and Reinvestment Act of 2009 (ARRA) Scope of Work FY 2009/2010 Provider: City of San Bernardino I. Program Outcomes: Program #Of Meals to be Sites/Areas to be Served: Served: C-1 Highland Senior Center, (Congregate Meals) Lighthouse for the Blind, Lytle Creek Recreation Center, New Hope 5,154 Family, Perris Hill Senior Center, Rudy Hernandez Nutrition Site, Senior Citizens Center 5h Street. C-2 (Home Delivered Meals) II. Definitions: a. American Recovery and Reinvestment Act of 2009 (ARRA) means the law enacted by Congress and signed into law on February 17, 2009 that contains funding for a variety of programs that support Americans during challenging economic times. The law includes funding to support the Titles IIIC Elderly Nutrition Program services including nutritious meals, nutrition education and other appropriate nutrition services for older Americans in order to maintain health, independence and quality of life. b. Nutrition Stimulus Funds means the ARRA funds awarded to DAAS to help older Californians maintain their health and independence by maintaining or increasing Title IIIC meals to older Individuals. c. Title III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the current Dietary Guidelines for American, 2005. d. Title III C-2 (Home Delivered Nutrition Services) means nutrition services provided to homebound older individuals including meals, nutrition and health promotion education, and nutrition risk screening. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DR[) and comply with the current Dietary Guidelines for American, 2005. III. Scope of Work: a. The Provider shall follow all guidelines in Attachment A of Contract#07-481 A-4. b. The Provider shall perform the following for the Nutrition Stimulus funded program: i. Provider shall make every effort to increase the number of meals served over prior fiscal year. The Nutrition Stimulus funds are intended to increase or maintain the number of congregate and home-delivered meals provided to older adults. ii. Implement the statutory provisions of the Title III C-1 and C-2 Programs (OAA, Section 330-339) in accordance with State and federal laws and regulations for this program. Page 1 of 2 ATTACHMENT A iii. Maintain a nutrition program pursuant to Title 22 CCR, Sections 7630 through 7638.13, and ensure all applicable provisions required within this Agreement are included in the subcontract(s). iv. This contract shall promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code (CRFC). v. Enter into contracts with subcontractors which requires them to provide services pursuant to Title 22 CCR, Sections 7352 through 7364, and ensure all applicable provisions required within this Agreement are included in the subcontracts. vi. Provider shall ensure that all budgeted funds are expended by the end of the contract period. vii. Maintain Nutrition Stimulus reporting data in addition to and separate from Title III C reporting data. IV. Funds: a. Expenditure of Funds: I. The Provider shall expend all funds received hereunder in accordance with this Agreement. b. Accountability of Funds: I. The Provider shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Provider, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget's Cost Principles. c. Matching Contributions: I. The required program matching contributions for Title C Nutrition Stimulus funds is 15 percent (15%). C Page 2 of 2 ATTACHMENT B-1 City of San Bernardino BUDGET LINE ITEMS FOR NUTRITION SERVICES/ARRA FUND Fiscal Year 09/10 CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2 a I b c=a+b Cost to Provider for the year Expenditure Category: ARRA Charges In- Annual Kind/Matching Expense 1 Personnel $4,275.00 $4,275.00 2 Staff Travel 3 Staff Training 4 Consultants 5 Food Cost $23,000.00 $23,000.00 6 Consumable Supplies $5,500.00 $5,500.00 7 Insurance 8 Repair & Maintenance Q9 Rent/Building Maintenance 10 Utilities 11 Vehicle Operations 12 Volunteer Expenses 13 Other Expenses 14 Nutrition Education Total Expenditures $28,500 $4,275.00 $32,775.00 Funding Sources: Contract Revenue $28,500.00 Program Income Matching Funds - Cash Matching Funds —In-Kind $4,275.00 Total Revenue sources $32,775.00 NOTE: THE MATCHING FUNDS MUST BE AT LEAST 15% OF THE ARRA FUND, C Page 1 of 1 i ATTACHMENT B-2 Barstow Senior Services I Budget In-Kind Narrative i C-2 ARRA Fund f Provide information regarding specific in-kind to be used as match. Include site location, if applicable, descriptions, rates and other relevant information. The Total should equal the amount of in-kind reported as match on your budget summary. Description* Site/Location Rate Total In- Kind Match Personnel (Volunteer) 5`" Street Senior Center $8.50 $4,275.00 I Total $4,275.00 —"lentify type of in-kind: rent, volunteer services, etc.) DATE OF SUBMISSION 9/15/2009 PROVIDER NAME City of San Bernardino Page 1 of 1 M r m � O z E r LU m (D CM z O m F a > 0 a W CD : n Z _0 0 Z `N OCL UN) w LU ` CL m r L O O LU J EE > m a0i 0m W 2 N U I N a) N O = U a 3 m ID R CD " s o0 _ 2 'uj v N o CT CO N N m0 m 06 m aNi � c 0 x o o � CO m O F N d Cl)— c o CL F°- aw � ATTACHMENT C CLIENT COMPLAINT AND GRIEVANCE PROCEDURES Older Americans Act Programs CONTRACTOR: CITY OF SAN BERNARDINO (Instructions: The service recipient is to read, sign, and receive a copy of this form. The original of the form is to be filed in the service recipient's case file maintained by contractor. The reverse side of this form may be used to file a complaint or grievance with the contractor/service provider.) If you believe you have been discriminated against, or that there has been a violation of any laws or regulations, or if you have a problem regarding services received, you have the right to file a grievance. The following procedures are to be followed when filing a grievance: 1. Identify the complaint/grievance in writing and discuss it with the contractor/service provider. Time frame: Within 1 week of discrimination/violation/problem. If resolved at this level, no further action is required. If no resolution is apparent within 15 business days, proceed with Step 2. 2. Forward the written complaint/grievance to the Deputy Director of Administration at the following address: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 ATTN: Deputy Director Time frame: Within 1 week of Step 1. olved at this level, no further action is required. If no resolution is apparent within 15 business days, proceed with Slep 3. 3. If no solution is apparent after Steps 1-2 have been exhausted, forward copy of written grievance to: Human Services Group, Contract Administrator 150 S. Lena Road San Bernardino, CA 92415-0515 You will be contacted within 15 business days of any actions being taken. Please note: Each of these steps must be completed in the sequence shown. If you believe that your civil rights have been violated, please contact: Deputy Director, Administration Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 GRIEVANCE PROCEDURE CERTIFICATION This is to certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs. Signature of Service Recipient Date Page 1 of 2 ATTACHMENT C GRIEVANCE NOTICE Your Name: Date of Occurrence: Approximate Time of Occurrence: Name of Service Provider: Address of Service Provider: Nature of Grievance: Resolution: Resolved by: Signature Date �+ Signature of Service Recipient Date Page 2 of 2 ATTACHMENT D ASSURANCE OF COMPLIANCE ASSURANCE OF COMPLIANCE WITH ALL APPLICABLE LAWS RELATING TO NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS CITY OF SAN BERNARDINO CONTRACTOR HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, the Food Stamp Act of 1977- Section 272.6, The Americans with Disabilities Act of 1990, Government Code (GC) Section 11135 and California Code of Regulations (CCR)Title 22 Section 98000-98413, Title 24 of the California Code of Regulations, Section 3105A(e) and other applicable federal and state laws, as well as their implementing regulations (including 45 CFR, Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of race, color, national origin, political affiliation, religion, marital status, sex, age or disability be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state assistance; and HEREBY GIVES ASSURANCE THAT, it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE AGENCY HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination will be prohibited. lfm�CCEPTING THIS ASSURANCE, the agency agrees to compile data, maintain records and submit reports as rred, to permit effective enforcement of the aforementioned laws and regulations and permit authorized County, state and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, County shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135-39, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance. THIS ASSURANCE is binding on the agency directly or through contract, license, or other provider services, as long as it receives federal or state assistance; and shall be submitted annually with the required Civil Rights Plan Update. t J{ DATE SIGNATURE City of San Bernardino ORGANIZATION 300 N. D. Street San Bernardino, CA 92418 ADDRESS C i Page 1 of 1 1 ATTACHMENT E DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract F7 a. bid/offer/application ED a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, M� attach Continuation Sheets SF-LLLA, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): $ ❑ actual ❑ planned ❑ a. retainer ❑ b. one-time fee ❑ c. commission 12. Form of Payment (check all that apply): ❑ d. contingent fee ❑ a.cash ❑ e. deferred ❑ b. in-kind;specify: nature f. other; specify: value ❑ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) SF-LLLA,if necessary) 15. Continuation Sheet(s) SF-LLLA attached: ❑ Yes ❑ No 16. Information requested through this form is authorized by title 31 U.S.C. Signature: section 1352.This disclosure of lobbying activities is a material representation of Print Name: fact upon which reliance was placed by the liar some when this transaction was made or entered into.This disclosure is required pursuant 0 31 U.S.C.1352.This Title: information will be reported to the Congress semi-annually and will be available Telephone No.: Date: for public inspection.Any person who fails to file the required disclosure shell be subject to a civil penalty of not less that$10,000 and not more then$100,000 for earn such failure. rederal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) Page 1 of 2 ATTACHMENT E INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES Thi&4isclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient, at the initiation or receipt of a covered ' action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or a ant to make payment to any lobbying entity 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 a covered Federal action. Use the SF-LLLA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report..If this is a follow up report caused by a material change to the Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate . classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1 st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants, cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid (IFB)number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." E x a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the 1�rward/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services, and include full address if different from 10 (a). Enter Last Name, First Name,and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es).Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s)or employee(s)contacted or the officer(s),employee(s),or Member(s)of Congress that were contacted. 15. Check whether or not a SF-LLLA Continuation Sheets)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are requiredto respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(034 8-0046),Washington, DC 20503. Vi Page 2 of 2 ATTACHMENT INFORMATION SHEET (one Information Sheet per Vendor) CONTRACTOR SHALL COMPLETE SECTION I OF THIS FORM AND RETURN TO: SAN BERNARDINO COUNTY Department of Aging and Adult Services Attn: CONTRACTS SECTION I: CONTRACTOR INFORMATION Cowman,Name: Address(including City,State and Zip Code): Phone: Web Site: Email: Fax: Site Name for Services((DWereni from Contractor): Address(including City,State and Zip Code): Phone Web Site: Email: Fax Clime Contact: Title: Contract Signature Authority: Name: Name: Title: Title: Signature: Signanne: Phone It E-Mail: Phone 0: E-Mail: Claim Signature Authority: Name: Name: Title: Title: Signature: Signature: Phone q: E-Mail: Phone a: E-Mall- SECTION 11: DAAS INFORMATION Contract Mailing Address: Contracts Unit: San Bernardino County Department of Aging and Adult Services Unit Fax#: 909-891-9150 Contracts Unit 686 E.Mill Street ® San Bernardino,CA 92415-0970 Page 1 of 1 ATTACHMENT G DEPARTMENT OF AGING ')NTRACTOR/VENDOR CONFIDENTIALITY STATEMENT A 1024 REV 1/07 CERTIFICATION - I hereby certify that I have reviewed this Confidentiality Statement and will comply with the following Statements. CONTRACTORIVENDOR NAME: CONTRACT NUMBER: AUTHORIZED SIGNATURE: PRINTED NAME AND TITLE OF PERSON SIGNING: In compliance with Government Code 11019.9, Civil Code 1798 Et. Seq., Management Memo 06-12 and Budget Letter 06-34 the California Department of Aging (CDA) hereby requires the ContractorNendor to certify that: • confidential information shall be protected from disclosure in accordance with all applicable laws, regulations and policies. • all access codes which allow access to confidential information will be properly safeguarded. • activities by any individual or entity that is suspected of compromising confidential information will be reported to CDA by completing a Security Incident Report, CDA 1025. • any wrongful access, inspection, use, or disclosure of confidential information is a crime and is prohibited under State and federal laws, including but not limited to California Penal Code Section 502; California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and Health Insurance Portability and Accountability Act. • any wrongful access, inspection, use, disclosure, or modification of confidential information may result in termination of this Contract/Agreement. • obligations to protect confidential information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • all employees/subcontractors of the ContractorNendor will complete the required Security Awareness Training module located at www.aging.ca.gov, within 30 days of the start date of this Contract/Agreement or within 30 days of the start date of any new employee or subcontractor. ContractorNendor may substitute CDA's Security Awareness Training program with its Security Training provided such training meets or exceeds CDA's training requirement. • all employees/subcontractors of the ContractorNendor will be notified of CDA's confidentiality and data security requirements. • CDA or its designee will be granted access by the Contractor or Vendor to any computer-based confidential information within the scope of the Contract. • I agree to protect the following types of confidential information which include but not limited to: - Social Security number - Medical information - Claimant and employer information - Driver License information - Information about individuals that relate to their personal life or identifies or describes an individual - Other agencies' confidential and proprietary information Criteria used for initiating audit selection - Methods agencies use to safeguard their information (computer systems, networks, server configurations, etc.) - Any other information that is considered proprietary, a copyright or otherwise protected by law or contract. • I agree to protect confidential information by: - Accessing, inspecting, using, disclosing or modifying information only for the purpose of performing official duties - Never accessing, inspecting, using, disclosing, or modifying information for curiosity, personal gain, or any non-business related reason - Securing confidential information in approved locations - Never removing confidential information from the work site without authorization. Page 1 of 1 A17ACHMENT H CALIFORNIA DEPARTMENT OF AGING(CDA) SECURITY INCIDENT REPORT CDA 1025(New 07/07) INCIDENT INFORMATION 1. AGENCY/CONTRACTOR NAME: AGENCY/CONTRACTOR INFORMATION SECURITY OFFICER'S 7. NAME: 3. AGENCY/CONTRACTOR ADDRESS: 4. AGENCY/CONTRACTOR TELEPHONE: 5. DATE/TIME OF 6. DATE INCIDENT 7. INCIDENT REPORTED TO: INCIDENT: DETECTED: [:1 CALIFORNIA DEPARTMENT OF AGING [I DISTRICT ATTORNEY UNKNOWN [:1 CA HWY PATROL E)ATTORNEY GENERAL El UNKNOWN OTHER: 8. INCIDENT LOCATION : * 9. DESCRIPTION OF INCIDENT: 10. MEDIA DEVICE TYPE, IF APPLICABLE: 11. WAS THE PORTABLE STORAGE DEVICE ENCRYPTED? E)YES [I No [I UNKNOWN 12. IF NO, EXPLAIN: 13. DESCRIBE THE COSTS ASSOCIATED WITH RESOLVING THIS INCIDENT: 14. TOTAL ESTIMATED COST OF INCIDENT:$ 15. TYPE OF PERSONALLY IDENTIFIABLE INFORMATION(CHECK ALL THAT APPLY): [-I No PERSONAL INFORMATION [3 SOCIAL SECURITY NUMBER El HEALTH OR MEDICAL INFORMATION FINANCIAL ACCOUNT NUMBER .El NAME ED DRIVER'S LICENSE/STATE ID NUMBER ED OTHER(SPECIFY) 16. IS A PRIVACY DISCLOSURE NOTICE 17. NUMBER OF 18. DATE NOTIFICATION(S)MADE TO REQUIRED? INDIVIDUALS THE INDIVIDUAL: El YES [I No AFFECTED: *IF A PRIVACY DISCLOSURE NOTICE IS REQUIRED,ATTACH A SAMPLE OF THE NOTIFICATION. 19. HAVE THOSE RESPONSIBLE FOR THE INCIDENT BEEN IDENTIFIED? [DYES [3 No COMMENT: 20. CORRECTIVE ACTIONS TAKEN TO PREVENT FUTURE OCCURRENCES: 21. ESTIMATED COST OF CORRECTIVE 22. DATE CORRECTIVE ACTIONS WILL BE FULLY IMPLEMENTED: ACTIONS: SIGNATURES 23. PRINT-AGENCY/CONTRACTOR INFORMATION SIGNATURE: DATE: SECURITY OFFICER: 24. PRINT-AGENCY/CONTRACTOR PRIVACY OFFICER: SIGNATURE: DATE: 25. PRINT-AUTHORIZED SIGNATURE/DIRECTOR: SIGNATURE: DATE: Page I of 3 ATTACHMENT H DEPARTMENT OF AGING SECURITY INCIDENT REPORT INSTRUCTIONS The following instructions will assist in completing the form. All questions must be completed, even when the response is a future action. 1. Agency/Contractor Name - Provide your agency, contractor, vendor, department, board, bureau or commission's full name. 2. Agency/Contractor Information Security Officer's Name - Provide your agency's Information Security Officer's Name. 3. Agency/Contractor Address -Provide your agency/contractor's address. 4. Telephone-Provide your agency/contractor's telephone number. 5. Date/Time of Incident - Provide the date/time when the incident occurred. If unknown, select the "Unknown" checkbox. 6. Date Incident Detected - Provide the date the incident was discovered. 7. Incident Reported To - Select the appropriate checkbox. If applicable, select the other checkbox and describe to whom the incident was reported. B. Incident Location - Provide the location where the incident occurred. For example, if a laptop was stolen from an employee's home, suggested content is "Employee's Home, Roseville, CA"; or if the incident occurred at the agency's headquarters office, suggested content is "Agency's Headquarters, 123 Any Street, Sacramento, CA." 9. Description of Incident- include the following in the description: • When the incident occurred and how it was discovered. • The effect of the incident on the business and infrastructure of your agency. • The number of people (inside your agency and outside your agency) affected by this incident. • The effects, if any, of this incident on people, businesses or services outside of your agency. • The details of any law enforcement investigation of this incident, such as which agency investigated it,when, and the report number. • Any personal, confidential, or sensitive information involved/disclosed. 10. Media Device Type, If Applicable - Provide the type of media or device involved in the incident, such as paper(fax, mail, etc.) or electronic(CD,floppy drive, laptop, PDA, email, etc.). 11. Was the Portable Storage Device Encrypted?- Check the appropriate box. 12. If NO, Explain- Describe why the storage device was not encrypted. 13. Describe the Costs Associated with Resolving this Incident- Provide a cost estimate of resolving the incident. Cost should include everything necessary to resolve the incident, including hardware, software, staff time, contracting services, and any other pertinent costs that were triggered due to the incident. The estimate should also include costs associated with a disclosure notification (such as preparation, postage, call center activation, etc.). Page 2 of 3 ATTACHMENT H 14. Total Estimated Cost of Incident - Provide the total cost associated with handling the incident as it relates only to information technology. For example, if a state vehicle was stolen with a state-issued laptop in it, do not include the cost of the state vehicle. 1s. Type of Personally Identifiable Information - If applicable, check the appropriate type(s) of personally identifiable information that applies in this incident. 16. Is a Privacy Disclosure Notice Required? - Check appropriate box. Sample — If yes, attach a sample copy of the notification sent to the affected individuals. DO NOT provide a sample that includes personally identifiable information. 17. Number of Individuals Affected - Identify the number of individuals whose personally identifiable information was breached/disclosed. 18. Date Notification(s) Made to the Individual - Provide the date that the Notification was made to the affected individuals. 19. Have Those Responsible for the Incident Been Identified? - Check the appropriate box. If applicable, add comment. 20. Corrective Actions Taken To Prevent Future Occurrences - Provide a detailed description of the corrective actions taken by the agency to prevent future occurrences of a similar incident occurring again. 21. Estimated Cost of Corrective Actions - Provide cost estimations to implement the corrective actions. For example, hardware and/or software may need to be upgraded, installed or purchased; new policies may need to be developed; additional training may need to be given. Include all related costs, such as staff time, contracting services, and hardware or software purchases. 22. Date Corrective Actions Will Be Fully Implemented - Provide a date when the corrective actions were, or will be,fully implemented. 23. Print—Agency/Contractor Information Security Officer 24. Print — Agency/Contractor Privacy Officer - This is required only in those instances where personally identifiable information is involved. If personally identifiable information is involved and no disclosure notice is required, the Privacy Officer's signature is still required. 25. Print—Authorized Signature/Director Page 3 of 3 FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number Change CITYOFS772 `S C' OOA 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 Sharon Alston (909)386-8145 $28,500 F A S Contract Type lRevenue M Enc m r nencum er r: Oth If not encumbered or revenue contract e, rovide reason: STANDARD CONTRACT Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 95200 February 1,2010 June 30,2010 $28,500 $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAF OOA AR10 200 2445 CIARRANY10 $28,500 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Senior Nutrition Services FY Amount I/D FY Amount 11D 09/10 $28,500 1 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name of San Bernardino hereinafter called Contractor Aaaress 300 N. D. Street San Bernardino, CA 92418 Phone Birth Date (909) 384-5231 Federal ID No.or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, the County desires to provide nutrition programs for the elderly; and WHEREAS, the American Recovery nd Reinvestment Act of 2009 ARRA ry ( ) provides for assistance to State and local agencies to develop nutrition programs for the elderly; and WHEREAS, County'has been allocated ARRA funds by the California Department of Aging for the purpose of administering nutrition programs for the elderly; and WHEREAS, County finds Contractor qualified to provide nutrition programs for the elderly, and WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services according to the specific terms and conditions provided by the Contract. NOW THEREFORE, in consideration of the mutual promises contained herein, County and Contractor mutually agree to the following terms and conditions: Auditor/Controller-Recorder Use Onl ❑Contract Database ❑ FAB Input Date Keyed By Page 1 of 28 TABLE OF CONTENTS I. DEFINITIONS...................................................................................................................................3 11. CONTRACTOR SERVICE RESPONSIBILITIES..............................................................................4 III. CONTRACTOR GENERAL RESPONSIBILITIES ............................................................................7 IV. COUNTY RESPONSIBILITIES.......................................................................................................17 V. FISCAL PROVISIONS....................................................................................................................17 VI. RIGHT TO MONITOR AND AUDIT......................................................................................................21 VII. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES .....................24 VIII. TERM ...................................................................................................................................................25 IX. EARLY TERMINATION........................................................................................................................25 X. GENERAL PROVISIONS.................................................................................................................... 25 XI. CONCLUSION ....................................................................................................................................27 ATTACHMENT A-WORK PLAN/SCOPE OF WORK ATTACHMENT B-1 - BUDGET LINE ITEMS ATTACHMENT B-2 - BUDGET IN-KIND NARRATIVE ATTACHMENT B-3 - SCHEDULE OF PERSONNEL ATTACHMENT C - CLIENT COMPLAINT AND GRIEVANCE PROCEDURES ATTACHMENT D - ASSURANCE OF COMPLIANCE ATTACHMENT E - DISCLOSURE OF LOBBYING ACTIVITIES ATTACHMENT F - INFORMATION SHEET ATTACHMENT G - CDA 1024 ATTACHMENT H - CDA 1025 Page 2 of 28 L DEFINITIONS A. ARRA- American Recovery and Reinvestment Act of 2009 B. Cash Match — Cash, other than program income, contributed to the project from local or State funds. With the exception of Community Development Block Grants (CDBG), Federal funds cannot be used as cash match. C. CDA— California Department of Aging D. CDA PM —Title III Program Manual for Area Agencies on Aging —This manual is based on Federal Regulations for Title III published March 31, 1980 (CRF, Chapter 8, Subchapter C, Part 1321), and pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980. E. CFR— Code of Federal Regulations F. Contract — The coversheet, the terms and conditions, work plan, budget display, budget summary, exhibits, attachments, addendums, and amendments, unless otherwise specified. G. Contractor—The entity to which funds are awarded under this Contract and which is accountable to DAAS for use of these funds and is responsible for executing its provision and services. H. Cost Reimbursement — Payment method based on cost of providing services which may include overhead, personnel, utilities, etc., and scopes of work and approved budget. I. CRFC — California Retail Food Code (Section 113700 at seq., California Health and Safety Code); replaces California Uniform Retail Food Facilities Law (CURFFL). J. DAAS — Refers to the County of San Bernardino Department of Aging and Adult Services, which is a County department that provides services to seniors and at-risk adults to improve or maintain choice, independence, and quality of life. DAAS works to ensure that seniors and adults with disabilities have the right to age in place in the least restrictive environment. K. Elderly—Any individual who is sixty (60)years of age or older; also "older individual." L. General Program Income — Meal income received in the form of contributions or donations made by the elderly for services rendered under this Contract. M. HACCP— Hazard Analysis Critical Control Point N. HS — Refers to the County of San Bernardino Human Services, which is a system of integrated services where the programs and resources of eight County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort. O. In-Kind Match — Refers to donated building space, volunteer time, donated equipment, etc. Cash contributions are not in-kind. P. In-Kind Contributions — Property, equipment, services (e.g. volunteer services) and supplies benefiting a CDA supported program or activity, which is contributed by non-Federal third parties without charge to the Contractor. Q. Non-Expendable Personal Property — Tangible personal property having a useful life of more than one year and an acquisition cost of$500 or more per unit. Page 3 of 28 R. OAA — Older Americans Act — Provides comprehensive, coordinated, community-based systems of service to persons age 60 and older to enable them to maintain health, personal dignity, and independence. S. Older Individual — Individual who is 60 years of age or older T. OMB — Office of Management and Budget U. Project Income — Any income earned by Contractor during the term of the Contract from activities supported in part or total by federal funds, including, but not limited to: • Income in the form of fees for services performed during the Contract period • Proceeds from the sale of tangible or real property • Proceeds from the sale of equipment and/or supplies acquired for use • Usage or rental fees • Interest • Patent or copyright royalties • Contribution or donations made by the elderly V. Reimbursable Item —Allowable cost and compensable item W. Service Area — Defines a geographic area to be served under this program. X. State — State of California Y. Title III — Title III of the Older Americans Act Z. USC — United States Code AA. USDA— United States Department of Agriculture BB. W & I — Welfare and Institutions Code II. CONTRACTOR SERVICE RESPONSIBILITIES A. Contractor shall, in a satisfactory manner as determined by DAAS, conduct, administer and provide the Nutrition Program for the elderly as defined in the Work Plan/Scope of Work FY 2009-2010 (Attachment A), attached hereto and incorporated by reference into this Contract. 1. Appropriate food containers and utensils for blind and handicapped participants shall be available on request. 2. All participants are to be permitted to eat in a leisurely fashion. 3. Meals are to be served in a courteous and friendly manner. 4. The facility is to maintain adequate lighting and ventilation. The facility is to meet all applicable health, fire, safety, and sanitation regulations. 5. Contractor is to provide restrooms that are clean, adequate, and well equipped. 6. Contractor is to provide tables and chairs that are sturdy and appropriate for the participants. Tables are to be arranged to assure a pleasant atmosphere and to encourage socialization. Page 4 of 28 7. Contractor shall provide a sufficient number of tables surrounded by adequate aisle space (a minimum width of 3 feet, 8 inches) to allow for persons with canes, walkers, crutches, or wheelchairs to move with ease. 8. 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. 9. Whenever two (2) or more persons manifest the symptoms of food borne illnesses within a similar time frame after consuming food served under the Nutrition Program, Contractor shall notify the local health authorities to initiate an investigation. Contractor shall notify DAAS within twenty-four(24) hours of such an occurrence. 10. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. Copies of all inspection reports shall be maintained on site for DAAS review. B. Contractor agrees to participate in appropriate employee training and development provided by DAAS, the CDA and the Administration on Aging. C. Contractor shall complete a written work performance evaluation annually on all paid and volunteer employees. D. Contractor shall insure all paid and volunteer employees/staff attend the Adult Abuse Reporting Training, and read and sign a certification of understanding of the Adult Abuse Reporting Act. E. In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in the event of disaster, Contractor shall maintain accurate lists of all participants who are receiving home-delivered meals and/or other services due to impairments that render them at risk of serious injury or death. Contractor shall coordinate and report disaster services and issues with DAAS. F. Contractor understands that one of its responsibilities under this Contract is to ensure that preference shall be given to providing services to older individuals with the greatest economic or social needs, with particular attention to low-income minority individuals. The term "greatest economic need" means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term "greatest social need" means the need caused by non-economic factors which include physical or mental disabilities, language barriers, and cultural or social isolation, including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently. G. Reports 1. Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data and information requested by DAAS pertaining to Contractor's performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control 2. Contractor.shall meet the following standards for the submission of required reports: Page 5 of 28 a. Financial Reporting - Accurate, current and complete disclosure of the financial results of the program shall be made in accordance with the financial reporting requirements of the Contract. The following reports are to be submitted to DAAS when indicated: 1) Monthly • Expenditure Report/Repest for Reimbursement form — Due to DAAS Administration by the 5` working day of the month following the month of service. Expense reimbursement shall be based on Budget Summary (Attachment B). 3. All Nutrition Contractors that provide services to 500 or more clients per year are required to utilize and maintain an Internet based client tracking system provided by DAAS. H. Records 1. The Contractor shall maintain complete records (which shall include, but not be limited to, accounting records, contracts, agreements, reconciliation of the "Financial Closeout Report" to the audited financial statements, a summary worksheet of results from the audit resolutions performed for all subcontractors with supporting documentation, letters of agreement, insurance documentation in accordance with this Contract, Memorandums and/or Letters of Understanding, patient or client records and electronic files) of its activities and expenditures hereunder in a form satisfactory to the County and/or State and shall make all records pertaining to this Contract available for inspection and audit by the County and/or State or its duly authorized agents, at any time during normal business hours. All r such records must be maintained and made available by the Contractor; (a) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by County, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Contract, or by Section II, Paragraph H, Items 2 and 3 of this Contract, and (c)for such longer period as County deems necessary. 2. In the event this Contract is either completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in Item 1 above. The Contractor shall ensure that any resource directories and all client records remain the property of DAAS upon termination of this Contract, and are returned to DAAS or transferred to another Contractor as instructed by DAAS. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and made available until every action has been cleared to the satisfaction of the County and/or State and is stated so in writing to the Contractor. 4. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the County under this Contract. 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 and Procedures, the expenditures will be questioned in the audit and may be disallowed by the County and/or State during the audit resolution process. 5. After the authorized period has expired, confidential records shall be destroyed by shredding and disposed of in a manner that will maintain confidentiality. Page 6 of 28 111. CONTRACTOR GENERAL RESPONSIBILITIES A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino. B. Contractor certifies that it and its subcontractors: 1. Are not presently disbarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Have not within a three-year period preceding this Contract 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; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Item 2 of this certification; and 4. Have not within a three-year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default. C. Contractor shall report immediately to the County in writing any incidents or alleged fraud and/or abuse by either Contractor or Contractor's subcontractor(s). Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the County. D. Without the prior written consent of the Assistant County Administrator for Human Services, this Contract is not assignable by Contractor either in whole or in part. E. Contractor agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. F. If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. G. Subcontracts The Assistant County Administrator for Human Services is designated the authority to approve one or more subcontracts, provided each subcontract meets the following terms and conditions. 1. The policies and procedures used in processing and awarding the subcontracts were: Page 7 of 28 a. Organized and structured; b. Reasonable and equitable; C. Documented and approved by appropriate authorities; d. Consistent with applicable federal, state, and local procurement requirements; e. Uniformly applied; and f. Open for public review and scrutiny. 2. All subcontracts require the advance written approval of the Director of DAAS or his/her designee. 3. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fully responsible for the performance of any subcontractor. 4. Funds for this Contract shall not be obligated in subcontracts for services beyond the termination date of this Contract. 5. The Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of the County. 6. Copies of 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. 7. A copy of the executed subcontract shall be submitted to the Director of DAAS. H. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within the County of San Bernardino or within a reasonable driving distance. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. Records, should include, but are not limited to, monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Office of Management and Budget (OMB) Circulars that state the administrative requirements, cost principles and other standards for accountancy. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract. I. Contractor shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers. J. Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible. Vacancies and associated Page 8 of 28 problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems. L.. K. Contractor shall designate an individual to serve as the primary point of contact for the Contract. Contractor shall notify HS when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to County inquiries within two (2) County business days. L. Contractor shall ensure that staff and volunteers are knowledgeable on the Client Complaint and Grievance Procedures for Older Americans Act Programs (Attachment C), and ensure that any complaints by clients are referred to the County in accordance with the procedure. Contractor agrees to document, investigate, and resolve any and all client or potential client complaints relating to this program. The procedure must be in writing and posted in clear view of all recipients. M. Contractor shall keep the County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. Further, a County representative shall have the option of attending Board meetings during the term of this Contract. N. Information Integrity and Security 1. Information Assets The Contractor shall have in place operational policies, procedures, and practices to protect State information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual, section 4841.2., GC section 11019, Department of Finance (DOF) Management Memo 06-12, and DOF Budget Letter 06-34. Information assets include (but are not limited to): • Information collected and/or accessed in the administration of the State programs and services. • Information stored in any media form, paper or electronic. 2. Encryption on Portable Computing Devices The Contractor is required to encrypt (or use an equally effective measure), any data collected under this agreement that is confidential, sensitive, and/or personal including data stored on portable computing devices (including but not limited to, laptops, personal digital assistants, and notebook computers) and/or portable electronic storage media (including but not limited to, discs and thumb/flash drives, portable hard drives). 3. Disclosure a. The Contractor shall ensure that personal, sensitive and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies. b. The Contractor shall protect from unauthorized disclosure names and other ® identifying information, concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying tiny participant. C. "Identifying information" shall include, but not be limited to, name, identifying number, social security number, state driver's license or state identification number, Page 9 of 28 financial account numbers, symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph. d. The Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this agreement. e. The Contractor shall not, except as otherwise specifically authorized or required by this agreement or court order, any identifying information obtained under the terms of this agreement to anyone other than DAAS and/or CDA without prior written authorization from DAAS or CDA, except by court order. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant. f. The Contractor may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant. 4. Training/Education a. The Contractor must provide ongoing education and training, at least annually, to all employees and subcontractors who handle personal, sensitive or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at www.aging.ca.gov within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee, subcontractor or volunteer. The Contractor must Q maintain certificates of completion on file and provide them to DAAS upon request. Training may be provided on an individual basis or in groups. A sign-in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available, a hardcopy of the training module may be provided to employees and/or volunteers for their completion. b. Contractor may substitute CDA's Security Awareness Training program with its own Security Training provided such training meets or exceeds CDA's training requirement. ContractorsNendors shall maintain documentation of training and education provided to their staff, volunteers, and/or subcontractors. c. All employees and volunteers who handle personal, sensitive or confidential information relating to CDA's programs must participate in Security Awareness Training. 5. Health Insurance Portability and Accountability Act (HIPAA) The Contractor agrees to comply with the privacy and security requirements of the HIPAA to the extent applicable and to take all reasonable efforts to implement HIPAA requirements. Contractor will make reasonable efforts to ensure that subcontractors comply with the privacy and security requirements of HIPAA. 6. Contractor Confidentiality Statement p The Contractor shall sign and return a ContractorNendor Confidentiality Statement CDA 1024 form with this Agreement. This is to ensure that ContractorNendors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure. Page 10 of 28 7. Security Incident Reporting A security incident occurs when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization, or are lost, or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS within five (5) business days of the date the incident was detected. 8. Notification of Security Breach to Data Subjects a. Notice must be given by the Contractor or subcontractor to any data subject whose personal information could have been breached. b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary measures to restore system integrity are required. c. Notice may be provided in writing, electronically, or by substitute notice in accordance with State law, regulation, or policy. 9. Software Maintenance The Contractor shall apply security patches and upgrades and keep virus software up-to-date on all systems on which data collected under this agreement that is confidential, sensitive and/or personal may be used. 10. Provisions of this Article The provisions contained in this Article shall be included in all contracts of both the contractor and its subcontractors. O. Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract. Contractor and their employees shall sign a confidentiality statement and complete the annual training posted on CDA's website, www.agino.ca.00v, within thirty days from the effective date of this Contract. P. Contractor agrees to and shall comply with the County's Elder and Dependent Adult Abuse Reporting requirements: 1. Contractor will ensure that all known or suspected instances of elder or dependent adult abuse are reported in writing to DAAS Adult Protective Services. 2. In accordance with W & I Code Section 15630, all employees of the Contractor and its subcontractors are mandated reporters of elder and dependent adult abuse. Contractor �. assures all employees, agents, consultants or volunteers who perform services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement, Page 11 of 28 i upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them. 3. Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults by telephone immediately or as soon as practically possible, under the following circumstances: a. When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, financial abuse, or neglect; or b. When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, financial abuse, or neglect; C. A written "Report of Suspected Dependent Adult/Elder Abuse" (SOC 341) must be submitted within two (2) working days of making the telephone report to the responsible agency, as defined below in Item 4. 4. Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: a. If the abuse has occurred in a long term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long-Term Care Ombudsman or local law enforcement; b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental services or to the local law enforcement; C. If the abuse occurred anywhere other than a long-term care facility or State mental hospital or State developmental center, the report shall be made to Adult Protective Services or local law enforcement. 5. Under the terms of this Contract, as changes in the Elder and Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations. O. Any Contractor who provides home delivered meals 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. This includes licensed personnel who are not able to provide documentation of prior Department of Justice clearance. A copy of a license from the State of California is sufficient proof. County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services. R. rContractor shall notify County of any staff member, paid intern or volunteer who is knowingly or negligently employed who, has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify County. In the County's discretion, the County may instruct Contractor to take action to either Page 12 of 28 deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services. Contractor shall immediately notify HS concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor. S. Conflict of Interest The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, or other ties. In the event that the County determines that a conflict of interest exists, funds may be disallowed by the County and such conflict may constitute grounds for termination of the Agreement. This provision shall not be construed to prohibit employment of persons with whom the Contractor's officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis. T. Contractor agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification - The Contractor agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, ° including the acts, errors or omissions of any person and for any costs or expenses incurred O. by the County on account of any claim therefore, except where such indemnification is prohibited by law. 2. Insurance —Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the Contract the following types of insurance with minimum limits as shown: a. Worker's Compensation - A program of Workers' Compensation insurance or a State- approved Self Insurance Program in amount or form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Contract. If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. NOW b. Comprehensive General and Automobile Liability Insurance -This coverage to include contractual coverage and automobile liability coverage of owned, hired and non- Page 13 of 28 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). 3. Additional Named Insured — All policies, except for Workers' Compensation, shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. 4. Waiver of Subrogation Rights — Contractor shall require the carriers of the above-required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. 5. Policies Primary and Non-Contributory-All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the County. 6. Proof of Coverage - Contractor shall immediately furnish certificates of insurance to the County Department administering the Contract evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, the Contractor shall furnish certified copies of the policies and all endorsements. 7. Insurance Review - The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. 8. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. U. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. V. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. Q W. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program and Civil Rights Compliance requirements: Page 14 of 28 1. Equal Employment Opportunity Program: The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and rules and regulations adopted pursuant thereto: Executive Order 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964 (and Division 21 of the California Department of Social Services Manual of Policies and Procedures and California Welfare and Institutions Code, Section 10000), the California Fair Employment and Housing Act, and other applicable Federal, State, and County laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted. The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from County HS Contracts Unit. 2. Civil Rights Compliance: The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by State regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with County HS Contracts Unit within 30 days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, HS shall supply a sample of the Plan format. The Contractor shall be monitored by HS for compliance with provisions of its Civil Rights Plan. 3. Contractor shall complete and submit Assurance of Compliance (Attachment D) in accordance with its instructions. X. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA). Y. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 20, Division 2, California Code of Regulations). Z. If the amount available to Contractor under the Contract exceeds $100,000, Contractor shall comply with all applicable orders or requirements issued under the following laws: a. Clean Air Act(42 USC 7606) b. Section 508 of the Clean Water Act(33 USC 1368) C. Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.) d. Environmental Protection Agency Regulations (40 CFR, Part 32 and Executive Order 11738) AA. Contractor shall use recycled and recyclable products, whenever practicable, in fulfilling the terms of this Contract. Recycled printed products shall include a symbol identifying the recycled material. BB. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each Party to this Contract shall bear its own attorney's fees and costs regardless of who prevails in the ® outcome of the dispute. CC. Contractor shall complete and submit Information Sheet (Attachment F) in accordance with its instructions. Page 15 of 28 DD. Contractor agrees any books, reports, pamphlets, papers, articles, or other materials published or transferred, including newspaper reports, based on activities funded by this Contract, must: 1. Carry an acknowledgement of funding by the San Bernardino County DAAS. The following language should be used: "These materials or products are the result of a project funded in part or in whole by the County of San Bernardino Department of Aging and Adult Services through the Older Americans Act, as amended," and 2. Give the name of the entity, the address, and telephone number at which the supporting data is available; and 3. Include a statement that the conclusions and opinions expressed may not be those of the State, the County, and/or DAAS and that the publication may not be based upon or inclusive of all raw data. EE.. Contractor agrees to and shall comply with the following American Recovery and Reinvestment Act funding requirements: 1. Use of ARRA Funds and Requirements: This Contract is funded in whole with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable L.. quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii)Applying the domestic preference would be inconsistent with the public interest. This is referred to as the `Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Contractor may also be required to register in the Central Contractor Registration (CCR) database at hfp://www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Page 16 of 28 2. Schedule of Expenditure of Federal Awards: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. IV. COUNTY RESPONSIBILITIES A. The County agrees to monitor and evaluate the performance of the Contractor in meeting the terms of the Contract and the quality and effectiveness of services provided based on the criteria as determined by the County. B. The County is to provide consultation and technical assistance in monitoring the terms of this Contract. C. The County agrees to compensate Contractor for approved expenses in accordance with Section V of this Contract. V. FISCAL PROVISIONS A. The maximum amount funds available under this Contract shall not exceed $28,500, of which $28,500 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem. B. Contractor shall be compensated on a cost reimbursement basis as established in Budget Summary(Attachment B). C. Contractor will provide a completed Expenditure Report/Request for Reimbursement form to DAAS by the 51h working day of the month following the month of service, to the address below: DAAS Administration Attn: Nutrition Staff Analyst 686 East Mill Street Page 17 of 28 San Bernardino, CA 92415-0640 The County shall pay the Contractor for the authorized services of the previous month. Under `.r normal conditions, Contractor shall expect payment approximately 30 days after submission of a correctly prepared invoice. D. County shall not approve any request for payment of funds until Contractor has properly filed completed reports as required under this Contract. If Contractor is not in compliance with any provision of this Contract, DAAS may withhold payment of any invoice submitted to DAAS by Contractor until such time as suitable documentation is submitted to DAAS and/or Contractor is deemed to be in compliance by DAAS. E. Contractor shall expend all funds received hereunder in accordance with this Contract. F. Contractor shall ensure that all expenditures are supported by properly executed payroll, time records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in part to this Contract. Such documents shall be clearly identified and readily accessible to DAAS staff, as may be required. G. DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS and/or CDA not to be in compliance with this Contract, or inappropriate to such activities, or for which there is inadequate supporting documentation presented, or for which prior approval is required but not granted. H. Contractor shall return to DAAS, immediately upon written demand, any funds provided under this Contract which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Contract, or the dissolution of the entity. I. Contractor must return any unspent funds with submittal of revised year-end Financial Closeout Report, based on independent audit. J. Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Contract separate from any other funds administered by the Contractor. Contractor shall maintain records in accordance with generally accepted accounting principles. K. Costs for services under the terms of this Contract shall be incurred during the Contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. L. Contractor is encouraged to seek contributions/donations from the elderly participating in the program. The program income goal for contributions/donations should be twenty-five percent (25%)or more of the total expenditures identified in the attached budget display. M. General program income shall be used to increase the number of elderly served by a project, to facilitate access to such meals, and to provide supportive services directly related to nutrition as defined in the Work Plan/Scope of Work (Attachment A). General program income shall be used within the program in which it was earned. N. Deferred Income ( � Program income not utilized for current year expenditures in excess of the budgeted program income shall be identified as "deferred income". This income will be expended by September 30th of the following fiscal year. In addition, this income must be identified on page 6 of the year-end Financial Closeout Report and then carried forward as a budget item in the new fiscal/contract Page 18 of 28 year. Use of the deferred income must be reported in the Expenditure Report/Request for {� Reimbursement reports as spent, by September 30 of the following fiscal year. �.r When the amount of the deferred income is determined through the audit, Contractor shall revise the deferred income figure, previously reported, by adjusting the following month's expense report claim for reimbursement and shall submit a new budget reflecting the revisions. Deferred income will be used for general program expenditures, to increase the number of elderly served by the Nutrition Program, and to provide supportive services directly related to nutrition. Deferred income will be used within the program (i.e., congregate meal or home-delivered meal) in which it was earned. O. The Contractor, by signing this Contract, hereby certifies to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, 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 federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities' (Attachment E), in accordance with its instructions. P Matching Contributions 1. The Contractor shall provide in-kind matching contributions of a minimum of 15%, as specified in Attachment B-1 of this Agreement. 2. Allowable match shall be in compliance with the following requirements: a. Matching in-kind contributions must be for allowable costs as determined by CDA PM. Allowable costs include but are not limited to rent, utilities, supplies, and volunteers. b. To qualify as a matching in-kind contribution, indirect or Contractor allocated overhead expenses must be supported by a documented cost allocation plan. C. Matching means the value of third-party in-kind contributions and that portion of program and administrative costs funded (cash or in-kind) by the Contractor, subcontractor, or other local resources. d. Third party in-kind contributions are property or services provided which benefits a contract-supported project or program and which are contributed by non-federal third -- parties without charge to the Contractor or subcontractor. e. Third party in-kind contributions count towards satisfying a matching requirement only where the payments would be otherwise allowable costs if the party receiving the contributions were to pay for the costs. Page 19 of 28 f. Third party in-kind contributions must be necessary for the proper and efficient accomplishment of Nutrition Stimulus administration and program activities. g. Costs incurred by the Contractor or subcontractor must be verifiable from the records of the Contractor or subcontractor. h. Costs must be allowable as outlined in Office of Management and Budget (OMB) circulars and may be cash or in-kind contributions. i. Other local resources include cash donations (not including program income) and cash generated from fundraising activities. j. Contractor shall provide a Budget In-Kind Narrative statement (Attachment B-2) to DAAS identifying the type, rates applied and, if applicable, source/location of in-kind to be used as match for the period of the Contract. The identified in-kind match shall be reported monthly on the monthly expense reports. 1) Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. 2) All other in-kind contributions shall be valued at current market value. Q. Budget and Budget Revisions ® 1. The Contractor shall be reimbursed for expenses only as itemized in the budget approved by DAAS and supported by the completed Budget Line Items for FY 2009-2010 ARRA, Budget In-Kind Narrative and a Schedule of Personnel. 2. The budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Contractor's budget shall include, at a minimum, the following items when reimbursable under this Contract: a. Direct and overhead costs; b. Rental reimbursement items should specify the unit rate, such as the rate per square foot; 3. Budget and budget revisions shall adhere to any other provisions contained in the CDA PM. 4. The County Board of Supervisors delegates the authority to the Director of DAAS to make budget revisions provided the revisions do not result in the amount of the Contract exceeding the previously Board approved amount. Contractor shall submit in writing any request for budget changes, including line item changes, to the Director of DAAS. R. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. OS. Funds made available under this Contract shall not supplant any federal, State or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect Page 20 of 28 to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without `.. prior written approval of the County. T. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. VI. RIGHT TO MONITOR AND AUDIT A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by County, Federal and State representatives for a period of three years after final payment under the Contract or until all pending County, State and Federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and be deducted from the following month's claim for reimbursement. E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor. F. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within 60 days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit. G. Contractor agrees that County and CDA, or their designated representatives shall, at all times, have the right to review and to copy any records and supporting documentation pertaining to the performance of contracted services. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of CDA and DHS to audit records and interview staff in any subcontract related to performance of contracted services. (GC 8546.7, PCC 10115 at seq., CCR Title 2, Section 1896). H. Audit Page 21 of 28 1. Pursuant to OMB Circular A-133, Contractors expending $500,000 or more in federal funds within the Contractor's fiscal year must have a single audit performed. A copy of the audit performed in accordance with OMB Circular A-133 shall be submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 Contractors expending less than $500,000 in total federal funds are exempt from federal audit requirements but records must be available for review. 2. The funding source (Federal Grantor) for the following programs is the U.S. Department of Health and Human Service. 93.705 Home Delieverd Meals ARRA 93.707 Congregate Meals ARRA 3. Single audit reports must meet OMB Circular A-133 requirements and must be: a. Performed timely — The audit is required to be completed not later than 9 months after the end of the subcontractor's fiscal year. The audit report is due to DAAS not later than 30 days after the completion of the audit. b. Properly procured — Use OMB Circular A-110 procurement standards and provide maximum opportunities to small and minority audit firms. C. Performed in accordance with Government Auditing Standards — The audit shall be performed by an independent auditor and be organization-wide. d. All inclusive —The audit includes an audit of the financial statements; an assessment of internal controls, including tests of transactions; and a determination of compliance with laws and regulations of all major federal programs and selected non-major program transactions. Audits shall be performed in accordance with requirements applicable to this program as identified in OMB Circular A-133 Compliance Supplement. The County shall have access to all audit reports and supporting work papers, and the County has the option to perform additional work, as needed. All audits shall consider the programs identified in Section VI, Paragraph H, Item 2 as a cluster for purposes of determining major programs or whether a program specific audit may be elected. 4. To ensure that OMB Circular A-133 requirements are met, the audit report shall consist of the following parts: a. A report on the financial statements, a schedule of federal awards, which must report in-kind match, along with the auditor's opinion on the financial statements; 0 b. A report on the entity-wide internal control systems based on the auditor's understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit); a report on intemal controls (accounting and administrative) designed to provide reasonable assurance of Page 22 of 28 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 listed. These requirements may be met by the following: 1) A report on compliance with general requirements applicable to federal programs drawn from the relevant OMB Compliance Supplement; 2) An opinion on compliance with specific requirements applicable to each major program. The opinion should specify whether information contained in federal financial reports is supported by books and records and amounts claimed and used for matching meet applicable cost principles. d. A report on fraud, abuse, illegal acts or indications of such act, if necessary; e. A schedule of reportable conditions (including material weaknesses) for internal control findings and a schedule of findings and questioned costs for compliance findings (if not included in the internal control or compliance reports); a management letter; separate communication of nonmaterial findings relative to federal programs. 5. Contractor shall include in all contracts with auditors selected to perform audits that include monies awarded through this Contract, language clearly stating the auditors will comply with `... all applicable audit requirements, and permit access by the County and State to the work papers of the independent auditor. 6. Audits to be performed shall be minimally financial and program compliance audits, and may include economy and efficiency and/or program results audits. 7. Unless prohibited by law, the cost of audits made in accordance with provisions of the Single Audit Act Amendments of 1996, are allowable charges to federal awards. The costs may be considered a direct cost or an allocated indirect cost, as determined in accordance with provisions of applicable OMB cost principle circulars. Contractor may not charge to federal awards the cost of any audit under the Singe Audit Act Amendments of 1996, not conducted in accordance with the Act. 8. Contractor shall notify DAAS of the time and location of scheduled entrance and exit conferences with independent auditors so that appropriate County staff may participate. 9. 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 Contract and prior to the exit conference. Within 120 days after the termination or expiration of this Contract, the final independent audit report of related expenditures during the term of this Contract, shall also be filed with the County. 10. Contractor shall 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. Page 23 of 28 11. Contractor must take appropriate action to correct instances of non-compliance with federal laws and regulations within six (6) months after DAAS has received the audit report. \r VII. CORRECTION OF PERFORMANCE DEFICIENCIES AND APPEAL PROCEDURES A. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: 1. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or 2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or 3. Withhold funds pending duration of the breach; and/or 4. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed; and/or 5. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. C. The Contractor agrees that any remedy provided in this Contract is in addition to and not in derogation of any other legal or equitable remedy available to the County as a result of breach of this Contract by the Contractor, whether such breach occurs before or after the termination of the Contract. D. Appeal Procedures If Contractor disagrees with any decision or action taken by the County or DAAS 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 DAAS Deputy Director of Administrative Services ("DAAS 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 DAAS 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 DAAS Deputy Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the DAAS Deputy Director's response is not satisfactory, to the Director of DAAS within fifteen (15) business days of receipt of the DAAS Deputy Director's response. The filing address is 686 East Mill Street, San Bernardino, California, 92415-0640. The Director of DAAS shall Page 24 of 28 provide a written response to Contractor within fifteen (15) business days. The Director of DAAS shall have final authority for the decision on the grievance except as provided below. 3. If Contractor is not satisfied with the DAAS Director's response, Contractor may file a written grievance appeal, which shall include a statement by the Contractor as to why the DAAS Director's response is not satisfactory, to the Assistant County Administrator (ACA) of the Human Services within fifteen (15) business days of receipt of the DAAS Director's response. The filing address is 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, California, 92415-0128. The Assistant County Administrator shall provide a written response to Contractor within fifteen (15) business days. The Assistant County Administrator 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 ACA'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 Director of DAAS' decision. Contractor shall submit to CDA the original written grievance along with a copy of the DAAS Deputy Director's written response, the Contractor's appeal to the Director of DAAS, the Director of DAAS' decision, the Contractor's appeal to the Assistant County Administrator, and the Assistant County Administrators' decision. CDA shall have final authority for the decision on the grievance. VIII. TERM This Contract is effective as of February 1, 2010, and expires June 30, 2010, but may be terminated earlier in accordance with provisions of Section IX of the Contract. IX. EARLY TERMINATION A. The County may terminate the Contract immediately in the event that funds are not available to the County pursuant to Section V, Paragraph A of this Contract and/or under the provisions of Section VII, Paragraph A, Item 5 of this Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant County Administrator — Human Services is authorized to exercise the County's rights with respect to any termination of this Contract. B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to 'the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination. Any remaining balance of an advance payment is immediately due and payable to the County. X. GENERAL PROVISIONS A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. Contractor: City of San Bernardino 300 N. D. Street San Bernardino, CA 92418 County: County of San Bernardino Human Services Attn: Contracts Unit 150 S. Lena Road Page 25 of 28 San Bernardino, CA 92415-0515 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or \.r employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. C. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. D. The State and County shall have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with Federal financial participation. The Federal Government (DHHS and FCS) reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use for Federal Government purposes, such software modification, and documentation. Proprietary software packages that are sold or leased to the general public are not subject to the ownership provisions. E. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. F. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. G. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. H. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected. I. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive Page 26 of 28 jurisdiction of the federal court located in the County of Riverside and the State court located in the County of San Bernardino, for any and all disputes arising under this Contract, to the exclusion of all '^ other federal and State courts. XI. CONCLUSION A. This Contract, consisting of 28 pages and Attachments A through H, is the full and complete document describing services to be rendered by Contractor to County including all covenants, conditions and benefits. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. Page 27 of 28 C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month and year written. APPROVED AS TO FORM: James F. Penman, City Attorneys By: COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation, company, contractor,etc.) ► By ► Gary C. Ovitt, Chairman, Board of Supervisors (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 Title CHAIRMAN OF THE BOARD (Print or Type) Laura H.Welch Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 300 N. D. Street Deputy San Bernardino, CA 92418 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature J- ueline Carey-Wilson,Deputy County Counsel Lory Klopfer HIS Contracts unit Colleen Krygier,Director Lu.e Date Date Page 28 of 28 ATTACHMENT A American Recovery and Reinvestment Act of 2009 (ARRA) v Scope of Work FY 2009/2010 Provider: City of San Bernardino I. Program Outcomes: Program #Of Meals to be Sites/Areas to be Served: Served: C-1 Highland Senior Center, (Congregate Meals) Lighthouse for the Blind, Lytle Creek Recreation Center, New Hope 5,154 Family, Perris Hill Senior Center, Rudy Hernandez Nutrition Site, Senior Citizens Center 50' Street. C-2 (Home Delivered Meals) II. Definitions: a. American Recovery and Reinvestment Act of 2009 (ARRA) means the law enacted by Congress and signed into law on February 17, 2009 that contains funding for a variety of - programs that support Americans during challenging economic times. The law includes funding to support the Titles IIIC Elderly Nutrition Program services including nutritious meals, nutrition education and other appropriate nutrition services for older Americans in order to maintain health, independence and quality of life. b. Nutrition Stimulus Funds means the ARRA funds awarded to DAAS to help older Californians maintain their health and independence by maintaining or increasing Title IIIC meals to older Individuals. c. Title III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DR]) and comply with the current Dietary Guidelines for American, 2005. d. Title III C-2 (Home Delivered Nutrition Services) means nutrition services provided to homebound older individuals including meals, nutrition and health promotion education, and nutrition risk screening. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the current Dietary Guidelines for American, 2005. III. Scope of Work: a. The Provider shall follow all guidelines in Attachment A of Contract#07-481 A-4. b. The Provider shall perform the following for the Nutrition Stimulus funded program: I. Provider shall make every effort to increase the number of meals served over prior fiscal year. The Nutrition Stimulus funds are intended to increase or maintain the number of ® congregate and home-delivered meals provided to older adults. ii. Implement the statutory provisions of the Title III C-1 and C-2 Programs (OAA, Section 330-339) in accordance with State and federal laws and regulations for this program. Page 1 of 2 ATTACHMENT A iii. Maintain a nutrition program pursuant to Title 22 CCR, Sections 7630 through 7638.13, and ensure all applicable provisions required within this Agreement are included in the subcontract(s). iv. This contract shall promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code (CRFC). v. Enter into contracts with subcontractors which requires them to provide services pursuant to Title 22 CCR, Sections 7352 through 7364, and ensure all applicable provisions required within this Agreement are included in the subcontracts. vi. Provider shall ensure that all budgeted funds are expended by the end of the contract period. vii. Maintain Nutrition Stimulus reporting data in addition to and separate from Title III C reporting data. IV. Funds: a. Expenditure of Funds: i. The Provider shall expend all funds received hereunder in accordance with this Agreement. b. Accountability of Funds: L The Provider shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Provider, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget's Cost Principles. c. Matching Contributions: i. The required program matching contributions for Title C Nutrition Stimulus funds is 15 percent Page 2 of 2 ATTACHMENT B-1 City of San Bernardino BUDGET LINE ITEMS FOR NUTRITION SERVICES/ARRA FUND Fiscal Year 09/10 CONGREGATE SITES C-1 a HOME DELIVERED MEALS C-2 a I b c=a+b Cost to Provider for the year Expenditure Category: ARRA Charges In- Annual Kind/Matching Expense 1 Personnel $4,275.00 $4,275.00 2 Staff Travel 3 Staff Training 4 Consultants 5 Food Cost $23,000.00 $23,000.00 6 Consumable Supplies $5,500.00 $5,500.00 7 Insurance 8 Repair & Maintenance 9 Rent/Building Maintenance 10 Utilities 11 Vehicle Operations 12 Volunteer Expenses 13 Other Expenses 14 Nutrition Education Total Expenditures $28,500 $4,275.00 $32,775.00 Funding Sources: Contract Revenue $28,500.00 Program Income Matching Funds - Cash Matching Funds — In-Kind $4,275.00 Total Revenue sources $32,775.00 NOTE: THE MATCHING FUNDS MUST BE AT LEAST 15% OF THE ARRA FUND. Page 1 of 1 ATTACHMENT B-2 Barstow Senior Services Budget In-Kind Narrative C-2 ARRA Fund Provide information regarding specific in-kind to be used as match. Include site location, if applicable, descriptions, rates and other relevant information. The Total should equal the amount of in-kind reported as match on your budget summary. Description* Site/Location Rate Total In- Kind Match Personnel (Volunteer) 5th Street Senior Center $8.50 $4,275.00 Total $4,275.00 "Jdentify type of in-kind: rent, volunteer services, etc.) DATE OF SUBMISSION 9/15/2009 PROVIDER NAME City of San Bernardino Page 1 of 1 M � m � O H Z 6 N W � Z � U a _ a H O < Q N Z � ° Z N ° O w CL LL ° O w J T) m E N v O (6 a � w U N I a � N � I � N m ° a CJ 07 c O C° S � �w V Q N O C N D m 0 m as ° c m X V' O N f0 CO (D C ) H N O d 0 IL F d w F ATTACHMENT C CLIENT COMPLAINT AND GRIEVANCE PROCEDURES Older Americans Act Programs CONTRACTOR: CITY OF SAN BERNARDINO (Instructions: The service recipient is to read, sign, and receive a copy of this form. The original of the form is to be filed in the service recipient's case file maintained by contractor. The reverse side of this form may be used to file a complaint or grievance with the contractor/service provider.) If you believe you have been discriminated against, or that there has been a violation of any laws or regulations, or if you have a problem regarding services received, you have the right to file a grievance. The following procedures are to be followed when filing a grievance: 1. Identify the complaint/grievance in writing and discuss it with the contractor/service provider. Time frame: Within 1 week of discrimination/violation/problem. If resolved at this level, no further action is required. If no resolution is apparent within 15 business days, proceed with Step 2. 2. Forward the written complaint/grievance to the Deputy Director of Administration at the following address: Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 ATTN: Deputy Director Time frame: Within 1 week of Step 1. solved at this level, no further action is required. If no resolution is apparent within 15 business days, proceed with Step 3. 3. If no solution is apparent after Steps 1-2 have been exhausted, forward copy of written grievance to: Human Services Group, Contract Administrator 150 S. Lena Road San Bernardino, CA 92415-0515 You will be contacted within 15 business days of any actions being taken. Please note: Each of these steps must be completed in the sequence shown. If you believe that your civil rights have been violated, please contact: Deputy Director, Administration Department of Aging and Adult Services 686 East Mill Street San Bernardino, CA 92415-0640 GRIEVANCE PROCEDURE CERTIFICATION This is to certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs. Signature of Service Recipient Date Page 1 of 2 ATTACHMENT C GRIEVANCE NOTICE Your Name: Date of Occurrence: Approximate Time of Occurrence: Name of Service Provider: Address of Service Provider: Nature of Grievance: Resolution: Resolved by: Signature Date Signature of Service Recipient Date Page 2 of 2 ATTACHMENT D ASSURANCE OF COMPLIANCE ASSURANCE OF COMPLIANCE WITH ALL APPLICABLE LAWS _ RELATING TO NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS CITY OF SAN BERNARDINO CONTRACTOR HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, the Food Stamp Act of 1977- Section 272.6, The Americans with Disabilities Act of 1990, Government Code (GC) Section 11135 and California Code of Regulations (CCR) Title 22 Section 98000-98413, Title 24 of the California Code of Regulations, Section 3105A(e) and other applicable federal and state laws, as well as their implementing regulations (including 45 CFR, Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of race, color, national origin, political affiliation, religion, marital status, sex, age or disability be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state assistance; and HEREBY GIVES ASSURANCE THAT, it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE AGENCY HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination will be prohibited. CCEPTING THIS ASSURANCE, the agency agrees to compile data, maintain records and submit reports as red, to permit effective enforcement of the aforementioned laws and regulations and permit authorized County, state and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, County shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135-39, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance. THIS ASSURANCE is binding on the agency directly or through contract, license, or other provider services, as long as it receives federal or state assistance; and shall be submitted annually with the required Civil Rights Plan Update. DATE SIGNATURE City of San Bernardino ORGANIZATION 300 N. D. Street San Bernardino, CA 92418 ADDRESS Page 1 of 1 ATTACHMENT E DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI) attach Continuation Sheets SF-LLLA, if necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment (check all that apply): $ ❑ actual ❑ planned ❑ a. retainer ❑ b. one-time fee ❑ c. commission 12. Form of Payment (check all that apply): ❑ d. contingent fee ❑ a.Cash ❑ e. deferred ❑ b. in-kind;specify: nature alue ❑ f. other; specify: 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheetts) SF-LLLA, if necessary) 15. Continuation Sheet(s) SF-LLLA attached: ❑ Yes ❑ No 16. Information requested through this form is authorized by rue 31 U.S.C. Signature: section 1352.This disclosure of lobbying activities is a material representation of Print Name: fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This Title: information will be reported to the Congress semi-annually and wall be available Telephone No.: Date: for public inspection.Any person who fails to file the required tlisclosure shall be subject to a civil penalty of not less that$10,000 and not more than$100.000 for each such failure. eederal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev.7-97) Page 1 of 2 ATTACHMENT E INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES T disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered , ±e al action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agment to make payment to any lobbying entity 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 a covered Federal action.Use the SF-LLLA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, If known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1 st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name, address,city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number �"'''�assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." C k =or a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es).Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s)or employee(s)contacted or the officer(s),employee(s),or Member(s)of Congress that were contacted. 15. Check whether or not a SF-LLLA Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act, as amended,no persons are requiredto respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection information,including suggestions for reducing this burden,to the Office of Managementand Budget, Paperwork Reduction Project(0348-0046),Washington, DC 20503. Page 2 of 2 ATTACHMENT INFORMATION SHEET (one Information Sheet per Vendor) CONTRACTOR SHALL COMPLETE SECTION I OF THIS FORM AND RETURN TO: SAN BERNARDINO COUNTY Department of Aging and Adult Services Attn: CONTRACTS SECTION I: CONTRACTOR INFORMATION Contractor Name: Address(including Cigt State and Zip Code): Phone: Web Site: Email: Fwc Site Name for Services(''Different from Contractor): Address(including City,State and Zip Code): Phone: Web Site: Fsail: Pax: —_ Clinic Contact Title: © Contract Signature Authority: Name: Nara: Title: Title: Signature: Signature: Phoa#: EMail: Phone#: E-Mail: Claim Signature Authority: Name: Name: Title: Title: Signature: Signature: Phone#: E-Mail: Phone#: E-Mail: SECTION IL• DAAS INFORMATION Contract Mailing Address: Contracts Unit: San Bernardino County Department of Aging and Adult Services Contracts Unit Unit Fax#: 909-891-9150 686 E. Mill Street QSan Bernardino,CA 92415-0920 Page 1 of 1 ATTACHMENT G DEPARTMENT OF AGING IONTRACTORNENDOR CONFIDENTIALITY STATEMENT CDA 1024 REV 1/07) CERTIFICATION I hereby certify that I have reviewed this Confidentiality Statement and will comply with the following Statements. CONTRACTOR/VENDOR NAME: CONTRACT NUMBER: AUTHORIZED SIGNATURE: PRINTED NAME AND TITLE OF PERSON SIGNING: In compliance with Government Code 11019.9, Civil Code 1798 Et. Seq., Management Memo 06-12 and Budget Letter 06-34 the California Department of Aging (CDA) hereby requires the ContractorNendor to certify that: • confidential information shall be protected from disclosure in accordance with all applicable laws, regulations and policies. • all access codes which allow access to confidential information will be properly safeguarded. • activities by any individual or entity that is suspected of compromising confidential information will be reported to CDA by completing a Security Incident Report, CDA 1025. • any wrongful access, inspection, use, or disclosure of confidential information is a crime and is prohibited under State and federal laws, including but not limited to California Penal Code Section 502; California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and Health Insurance Portability and Accountability Act. • any wrongful access, inspection, use, disclosure, or modification of confidential information may result in termination of this Contract/Agreement. • obligations to protect confidential information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • all employees/subcontractors of the ContractorNendor will complete the required Security Awareness Training module located at www.aging.ca.gov, within 30 days of the start date of this Contract/Agreement or within 30 days of the start date of any new employee or subcontractor. ContractorNendor may substitute CDA's Security Awareness Training program with its Security Training provided such training meets or exceeds CDA's training requirement. • all employees/subcontractors of the ContractorNendor will be notified of CDA's confidentiality and data security requirements. • CDA or its designee will be granted access by the Contractor or Vendor to any computer-based confidential information within the scope of the Contract. • I agree to protect the following types of confidential information which include but not limited to: - Social Security number - Medical information - Claimant and employer information - Driver License information - Information about individuals that relate to their personal life or identifies or describes an individual - Other agencies' confidential and proprietary information - Criteria used for initiating audit selection - Methods agencies use to safeguard their information (computer systems, networks, server configurations, etc.) Any other information that is considered proprietary, a copyright or otherwise protected by law or contract. • I agree to protect confidential information by: - Accessing, inspecting, using, disclosing or modifying information only for the purpose of performing official duties - Never accessing, inspecting, using, disclosing, or modifying information for curiosity, personal gain, or any non-business related reason - Securing confidential information in approved locations - Never ramnvinn confidential information from the work site without authorization. Page 1 of 1 ATTACHMENT H CALIFORNIA DEPARTMENT OF AGING(CDA) SECURITY INCIDENT REPORT CDA 1025 New 07/07 INCIDENT INFORMATION 1. AGENCY/CONTRACTOR NAME: 2. AGENCY/CONTRACTOR INFORMATION SECURITY OFFICER'S I NAME: 3. AGENCY/CONTRACTOR ADDRESS: 4. AGENCY/CONTRACTOR TELEPHONE: 5. DATE/TIME OF 6. DATE INCIDENT 7. INCIDENT REPORTED TO: INCIDENT: DETECTED: ❑CALIFORNIA DEPARTMENT OF AGING ❑DISTRICT ATTORNEY ❑ UNKNOWN ❑CA HWY PATROL ❑ATTORNEY GENERAL ❑ ❑UNKNOWN OTHER: 8. INCIDENT LOCATION: * 9. DESCRIPTION OF INCIDENT: 10. MEDIA DEVICE TYPE, IF APPLICABLE: 11. WAS THE PORTABLE STORAGE DEVICE ENCRYPTED? ❑YES NO -1 UNKNOWN 12. IF NO, EXPLAIN: 13. DESCRIBE THE COSTS ASSOCIATED WITH RESOLVING THIS INCIDENT: 14. TOTAL ESTIMATED COST OF INCIDENT:$ 15. TYPE OF PERSONALLY IDENTIFIABLE INFORMATION(CHECK ALL THAT APPLY): ® ❑ NO PERSONAL INFORMATION ❑SOCIAL SECURITY NUMBER ❑HEALTH OR MEDICAL INFORMATION ❑ FINANCIAL ACCOUNT NUMBER ❑NAME ❑DRIVER'S LICENSE/STATE ID NUMBER OTHER SPECIFY 16. IS A PRIVACY DISCLOSURE NOTICE 17. NUMBER OF 18. DATE NOTIFICATIONS)MADE TO REQUIRED? INDIVIDUALS THE INDIVIDUAL: ❑YES ❑ NO AFFECTED: `IF A PRIVACY DISCLOSURE NOTICE IS REQUIRED,ATTACH A SAMPLE OF THE NOTIFICATION. 19. HAVE THOSE RESPONSIBLE FOR THE INCIDENT BEEN IDENTIFIED? ❑YES ❑NO COMMENT: 20. CORRECTIVE ACTIONS TAKEN TO PREVENT FUTURE OCCURRENCES: 21. ESTIMATED COST OF CORRECTIVE 22. DATE CORRECTIVE ACTIONS WILL BE FULLY IMPLEMENTED: ACTIONS: SIGNATURES 23. PRINT-AGENCY/CONTRACTOR INFORMATION SIGNATURE: DATE: SECURITY OFFICER: 24. PRINT-AGENCY/CONTRACTOR PRIVACY OFFICER: SIGNATURE: DATE: 25. PRINT-AUTHORIZED SIGNATURE/DIRECTOR: SIGNATURE: DATE: Page 1 of 3 ATTACHMENT H DEPARTMENT OF AGING SECURITY INCIDENT REPORT INSTRUCTIONS The following instructions will assist in completing the form. All questions must be completed, even when the response is a future action. 1. Agency/Contractor Name - Provide your agency, contractor, vendor, department, board, bureau or commission's full name. 2. Agency/Contractor Information Security Officer's Name - Provide your agency's Information Security Officer's Name. 3. Agency/Contractor Address-Provide your agency/contractor's address. 4. Telephone-Provide your agencylcontractor's telephone number. 5. Date/Time of Incident - Provide the date/time when the incident occurred. If unknown, select the"Unknown" checkbox. 6. Date Incident Detected -Provide the date the incident was discovered. 7. Incident Reported To - Select the appropriate checkbox. If applicable, select the other checkbox and describe to whom the incident was reported. 8. Incident Location - Provide the location where the incident occurred. For example, if a laptop was stolen from an employee's home, suggested content is "Employee's Home, Roseville, CA"; or if the incident occurred at the agency's headquarters office, suggested content is "Agency's Headquarters, 123 Any Street, Sacramento, CA." 9. Description of Incident- include the following in the description: • When the incident occurred and how it was discovered. • The effect of the incident on the business and infrastructure of your agency. • The number of people (inside your agency and outside your agency) affected by this incident. • The effects, if any, of this incident on people, businesses or services outside of your agency. • The details of any law enforcement investigation of this incident, such as which agency investigated it, when, and the report number. • Any personal, confidential, or sensitive information involved/disclosed. 10. Media Device Type, If Applicable - Provide the type of media or device involved in the incident, such as paper(fax, mail,etc.)or electronic (CD,floppy drive, laptop, PDA, email, etc.). 11. Was the Portable Storage Device Encrypted? -Check the appropriate box. 12. If NO, Explain- Describe why the storage device was not encrypted. 13. Describe the Costs Associated with Resolving this Incident - Provide a cost estimate of resolving the incident. Cost should include everything necessary to resolve the incident, including hardware, software, staff time, contracting services, and any other pertinent costs that were triggered due to the incident. The estimate should also include costs associated with a disclosure notification (such as preparation, postage, call center activation, etc.). Page 2 of 3 ATTACHMENT H - 14. Total Estimated Cost of Incident - Provide the total cost associated with handling the incident as it relates only to information technology. For example, if a state vehicle was stolen with a state-issued laptop in it, do not include the cost of the state vehicle. 15. Type of Personally Identifiable Information - If applicable, check the appropriate type(s) of personally identifiable information that applies in this incident. 16. Is a Privacy Disclosure Notice Required? - Check appropriate box. Sample — If yes, attach a sample copy of the notification sent to the affected individuals. DO NOT provide a sample that includes personally identifiable information. 17. Number of Individuals Affected - Identify the number of individuals whose personally identifiable information was breached/disclosed. 18. Date Notification(s) Made to the Individual - Provide the date that the Notification was made to the affected individuals. 19. Have Those Responsible for the Incident Been Identified? - Check the appropriate box. If applicable, add comment. 20. Corrective Actions Taken To Prevent Future Occurrences - Provide a detailed description of the corrective actions taken by the agency to prevent future occurrences of a similar incident occurring again. 21. Estimated Cost of Corrective Actions - Provide cost estimations to implement the corrective actions. For example, hardware and/or software may need to be upgraded, installed or purchased; new policies may need to be developed; additional training may need to be given. Include all related costs, such as staff time, contracting services, and hardware or software purchases. 22. Date Corrective Actions Will Be Fully Implemented - Provide a date when the corrective actions were, or will be,fully implemented. 23. Print—Agency/Contractor Information Security Officer 24. Print — Agency/Contractor Privacy Officer - This is required only in those instances where personally identifiable information is involved. If personally identifiable information is involved and no disclosure notice is required, the Privacy Officer's signature is still required. 25. Print—Authorized Signature/Director Page 3 of 3 HUMAN SERVICES °�0/C/)-a �w;Mn COUNTY OF SAN BERNARDINO eex euxnmixd Linda Haugan Assistant County Administrator Reply to: 0 150 S Lena Road San Bernardino,CA 92415-0515 January 29, 2010 Charles McNeely, City Manager City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mr. McNeely: Enclosed is your copy of County Contract 10-48 with the County of San Bernardino to provide Senior Nutrition services. I will serve as the contract analyst for this contract. If you have any questions or require assistance, please feel free to contact me. Also, any notices pursuant to the contract should be sent to the address below: County of San Bernardino Human Services - Administrative Support Division Attn: Sharon Alston, Contracts Unit 150 S. Lena Road San Bernardino, CA 92415-0515 Please remember that any modification, change or addition to the scope of work or any other aspect of this contract must be executed via contract amendment. Any such amendment must first be submitted to this office for approval and usually requires prior approval from the County Board of Supervisors. As such, please understand that County staff does not have the authority to authorize any changes and any payment request based on an unauthorized change will not be honored. Thank you for your assistance in this matter. If you have any further questions, please contact me at (909) 386-8145. Sincerely, (4j) Sharon Alston Contract Analyst Enclosure cc: File