HomeMy WebLinkAbout16- Parks, Recreation & Community Services Department 1
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 Bernardino authorizing the
City Manager to execute Amendment No. 1 to
Dept: Parks, Recreation and contract 10-318 with the County of San Bernardino
Community Services Dept. Department of Aging and Adult Services(DAAS)for
the Senior Nutrition Program and to authorize the
Date: March 14, 2011 issuance and increase of annual purchase orders in an
amount not to exceed $116,082 in the aggregate to
Sysco Foods,Merit Day,Ross Swiss,and a new food
distributor, US Foodservice; for FY 2010-11 through
FY 2012-13.
M/CC Meeting Date: April 4, 2011
Synopsis of Previous Council Action:
3/29/11 — Approved by the Grants Ad Hoc Committee
10/4/10 — Resolution No. 2020-332 issuance of annual purchase orders in aggregate to Sysco
Foods, Merit Day and Ross Swiss for the Senior Nutrition Program not to exceed
$73,082.
1/19/10 - Resolution No. 2010-5 to supplement program expenses for Fiscal Year 09/10 with
American Recovery and Reinvestment Act(ARRA) stimulus funds.
6/1/09 — Resolution No. 2009-136 FY 2010/ I 1 Senior Nutrition Contract
Recommended Motion:
Adopt Resolution --- -- f; -
--- ignature
Contact person: Robert Lennox Phone: 384-5031
Supporting data attached: staff report,grant contract Ward: All
FUNDING REQUIREMENTS: Amount: $259,462 grant funds
$68,229 city in-kind
Source: (Acct. No.) 123-513-xxxx
(Acct Description) Grants
Finance:
Council Notes:
Agenda Item No. 1
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 Amendment No. 1 to contract 10-318 with the County of San
Bernardino Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program
and to authorize the issuance and increase of annual purchase orders in an amount not to exceed
$116,082 in the aggregate to Sysco Foods, Merit Day, Ross Swiss, and a new food distributor,
US Foodservice; for FY 2010-11 through FY 2012-13.
Background:
The FAS Standard Contract for Senior Nutrition Services is an agreement between the City and
the County of San Bernardino Department of Aging and Adult Services (DAAS) to provide
senior nutrition services for the County of San Bernardino for the period of July 1, 2010 through
June 30, 2011. During FY 2009-10, the Senior Nutrition Program served 49,370 meals within
253 days, a daily average of 194 at six nutrition sites: 5th Street Senior Center, Perris Hill Senior
Center, New Hope Family Life Center, Hernandez Community Center, Lytle Creek Community
Center, and Highland Senior Center. This constitutes an increase of 1,900 meals served over the
previous contract year. Furthermore, the City currently contracts with Sysco Foods, Merit Day
and Ross Swiss to provide these meals. However, after conducting a cost analysis, staff found
that US Foodservice price list was competitive, they are local, and they offer a diverse product
line. It is in the Program's best interest to include US Foodservice as an additional food
distributor for the Senior Nutrition Program and to issue an Annual Purchase Order with them.
Food Vendor P.O. Summary:
Purchase Requested Prior Revised
Order Action Encumbrance Encumbrance Variance
Sysco Foods 211446 Increase $58,082 $65,582 $7,500
Merit Day 211448 Increase $5,000 $27,000 $22,000
Ross Swiss 211447 Increase $10,000 $18,500 $8,500
US Foodservice New Issue $0 $5,000 $5,000
Total $73,082 $1 16,082 $43,000
Amended Contract budget:
Food $ 43,000
Repairs $ 26,234
Misc/Other $ 13,268
Total $ 82,502
The current grant began in FY 2010-11 and will cover three years of contract services, the
current agreement year plus two single year renewal options. The amount awarded for
subsequent years will depend upon the demand for meal service as identified in reports from the
previous funding cycle. This contract Amendment No.l for Senior Nutrition Services covers the
first year of service for FY 2010-11. Attached is the FAS Standard Contract, with contract
number to be assigned by the County once executed by the City.
The FY 2010-11 County contract amount started at $176,960 with the program expected to serve
32,000 congregate meals at all six meal sites. However the contract amendment for FY 2010-11
from DAAS reflects an increase to $259,462 with the program now expected to serve 46,228
congregate meals. An additional $43,000 was allocated for direct food purchases and
consumables toward meals. The number of meals served the last three years has exceeded the
budget contract expectations. The portion of the grant amount dedicated to food and consumable
supplies for this first fiscal year will be a total $116,082.
In compliance with the provisions of the grant, the proposed action is to execute the Amendment
increase and to award annual purchase orders to Sysco Foods, Merit Day, Ross Swiss, and US
Foodservice, as a new food distributor, to provide these meals in an aggregate amount of
$116,082 for the term of one year, beginning July 1, 2010. As the budgeted costs for these food
items are likely to fluctuate during the next two fiscal years, the one year purchase order with the
option of two single year extensions, to be exercised at the discretion of the City and subject to
the funding budgeted in those fiscal years, was determined to be the most appropriate approach.
The approval of the recommended action will allow the Senior Nutrition Program to continue the
delivery of nutrition services to the City's senior population.
Financial Impact:
Funding for these purchase orders, which is budgeted in the Parks, Recreation and Community
Services Department's Senior Nutrition Grant account for food and consumables is made
possible by a grant from the County of San Bernardino Department of Adult and Aging Services.
Account Budgeted Amount: Senior Nutrition Grant 123-513-5112/5114-0000-0075
Balance as of: 10/4/2010 - $176,960
Balance after approval of this item: $259,462
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
The Amended amount of grant funding available for FY 2010-11 is $259,462. There is no
General Fund cash match required; the City's in-kind contribution is budgeted at $68,229 for FY
2010-11, as an 11.11% minimum in-kind matching contribution requirement for FY 10/11. This
is met through a percentage of personnel, building and utility costs, which are funded in the
Parks, Recreation and Community Services operating budget (001-380-5193-2014-0075). The
program's goals include collecting $40,000 in `Program Income'. The new adjusted contracted
number of meals served is 46,228.
Recommendation:
Adopt Resolution
1
RESOLUTION NO. C: (Dpy(
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
4 EXECUTE AMENDMENT NO. 1 TO CONTRACT 10-318 WITH THE COUNTY
OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES
5 (DAAS) FOR THE SENIOR NUTRITION PROGRAM AND TO AUTHORIZE
THE ISSUANCE AND INCREASE OF ANNUAL PURCHASE ORDERS IN AN
6 AMOUNT NOT TO EXCEED $116,082 IN THE AGGREGATE TO SYSCO
7 FOODS, MERIT DAY, ROSS SWISS, AND A NEW FOOD DISTRIBUTOR, US
FOODSERVICE; FOR FY 2010-11 THROUGH FY 2012-13.
8
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
10
11 WHEREAS, the City has previously received $176,960 in grant funds from the
County of San Bernardino, Department of Adult and Aging Services, for grant cycle
12
2010-2011, and;
13 WHEREAS, Sysco Foods, Merit Day, and Ross Swiss currently provide food
14 services under annual P.O. approval to the San Bernardino Senior Nutrition Program
15 through a fiscal year contract with the County of San Bernardino Department of Aging
16 and Adult Services:
17 SECTION 1. That the City Manager is hereby authorized to execute a FAS
18 Standard Agreement with the County of San Bernardino, for an Amended grant in the
19 amount of$259,462 for a one-year period - July 1, 2010 through June 30, 2011, a copy
20 of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
21 fully as though set forth at length; and
22
SECTION 2. That the Director of Finance is hereby authorized to increase and
23
24 issue annual purchase orders to Sysco Foods, Merit Day, Ross Swiss and US
25 Foodservice for food services in an aggregate amount not to exceed $116,082 for FY
26 2010-11, plus two single year renewal options; as outlined in the staff report. The
27 exercising of renewal options will be at the City's discretion and subject to funding
28 budgeted in Fiscal Years 2011-12 and 2012-13. `�
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
4 EXECUTE AMENDMENT NO. I TO CONTRACT 10-318 WITH THE COUNTY
OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES
5 (DAAS) FOR THE SENIOR NUTRITION PROGRAM AND TO AUTHORIZE
THE ISSUANCE AND INCREASE OF ANNUAL PURCHASE ORDERS IN AN
6 AMOUNT NOT TO EXCEED $116,082 IN THE AGGREGATE TO SYSCO
7 FOODS, MERIT DAY, ROSS SWISS, AND A NEW FOOD DISTRIBUTOR, US
FOODSERVICE; FOR FY 2010-11 THROUGH FY 2012-13.
8
9 SECTION 3. That the authorization granted hereunder shall expire and be void
10 and of no further effect if the Standard Agreement is not executed by both parties and
11 returned to the Office of the City Clerk within one hundred and twenty days (120) days
12 following effective date of the Resolution.
13
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i
1
RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
4 EXECUTE AMENDMENT NO. 1 TO CONTRACT 10-318 WITH THE COUNTY
OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES
5 (DAAS) FOR THE I SENIOR NUTRITION PROGRAM AND TO AUTHORIZE
THE ISSUANCE AND INCREASE OF ANNUAL PURCHASE ORDERS IN AN
6 AMOUNT NOT TO EXCEED $116,082 IN THE AGGREGATE TO SYSCO
FOODS, MERIT DAY, ROSS SWISS, AND A NEW FOOD DISTRIBUTOR, US
7 FOODSERVICE; FOR FY 2010-11 THROUGH FY 2012-13.
8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
9
Mayor and Common Council of the City of San Bernardino at a meeting
10
11 thereof, held on the day of , 2011, by the following vote, to wit:
12 Council Members: AYES NAYS ABSTAIN ABSENT
13 MARQUEZ
`,rte
14 VACANT
1
15 BRINKER
16 SHORETT
17
KELLEY
18
19 JOHNSON
20 MC CAMMACK
21
22 City Clerk
23 The foregoing resolution is hereby approved this day of 52011.
24
i 25 Patrick J. Morris, Mayor
City of San Bernardino
26 Approved as to Form:
27 By:
28 J mes F. Penman, City Attorney
i
i
i
EXHIBIT A
FOR COUNTY USE ONLY
a New Vendor Code Dept. Contract Number
�E°w";,DI Change SC A 1
CITYOF 7 2 - 18 A-1
El Cancel S 7 OOA 0 3
County Department Dept. Orgn. Contractor's License No.
Aging and Adult Services OOA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Wendy Everett (909) 387-2917 $259,462
F A S Contract Type
Revenue M Encumbered 171 Unencumbered F1 Other:
STANDARD CONTRACT If not encumbered or revenue contract type,pro vide reason:
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
95200 July 1,2010 June 30,2011 $176,960 $82,502
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
AAF OOA 210 200 2445 $71,607
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
AAF OOA 235 200 2445 $ 10,895
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
Project Name Estimated Payment Total by Fiscal Year
Elderly Nutrition Services FY Amount I/D FY Amount 1/D
Program 10/11 $82,502 1
HIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of San Bernardino hereinafter called Contractor
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No.or Social Security No.
(909) 384-5231 95-6000772
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 1
It is hereby agreed to amend Contract No. 10-318 as follows:
III. CONTRACTOR GENERAL RESPONSIBILITIES
Paragraph B is amended to read as follows:
B. Without the prior written consent of the Assistant Executive Officer for Human Services, this Contract is
not assignable by Contractor either in whole or in part. Contractor agrees not to enter into any
subcontracts for work contemplated under this Contract without first obtaining written approval from
the Assistant Executive Officer— Human Services or his/her designee. Any subcontractor shall be
subject to the same provisions as Contractor. Contractor shall be fully responsible for the
performance of any subcontractor.
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EXHIBIT A
-%ragraph EE is added to read as follows:
EE. Subcontracting
1. General
s a. Without the prior written consent of the Director of DAAS or his/her designee, this
Contract is not assignable by Contractor either in whole or in part. Contractor agrees
not to enter into any subcontracts for work contemplated under this Contract without
first obtaining written approval from the Director of DAAS or his/her designee. Any
subcontractor shall be subject to the same provisions as Contractor. Contractor
shall be fully responsible for the performance of any subcontractor. Contractor must
include all required subcontract language in its contract with any subcontractor (see
Attachment M-Required Subcontract Language).
b. The Contractor shall have no authority to contract for, on behalf of, or incur
obligations on behalf of the County.
3
2. Awards
a. Policies and procedures used in processing and awarding the subcontracts must be:
1. Organized and structured;
2. Reasonable and equitable;
3. Documented and approved by appropriate authorities;
4. Consistent with applicable federal, state, and local procurement
requirements;
5. Uniformly applied; and
6. Open for public review and scrutiny.
b. Copies of subcontracts, memoranda and/or letters of understanding shall be on file
with the Contractor and shall be made available for review at the request of the
County.
C. A copy of the executed subcontract shall be submitted to the Director of DAAS.
3. Financial
a. Funds for this Contract shall not be obligated in subcontracts for services beyond the
ending date of this Contract.
b. Contractor must ensure costs incurred by the subcontractor are verifiable from their
records.
C. The Contractor shall review, approve, and monitor subcontractor performance,
3 budgets and expenditures pertaining to the contracted service(s).
d. If applicable', The Contractor shall monitor on an ongoing basis, the subcontractor's
use of federal and state funds through reporting, site visits, regular contact or other
means to provide reasonable assurance that the subcontractor administers funds in
compliance with laws, regulations, and the provisions of contracts. (OMB Circular A-
133.400(d)(3).
' OMB applies if aggregate expenditures of$500,000 in federal funds are spent in one fiscal year.
Revised 1/11/2011 Page 2 of 6
EXHIBIT A
e. The maximum reimbursement amount allowable for indirect costs is 8% of
subcontractor's direct costs, excluding in-kind contributions and nonexpendable
equipment.
4. Monitoring
a. Contractor shall monitor the budget and expenditures of its subcontractors and/or
vendors.
b. Contractor shall report immediately to the DAAS in writing any incidents of alleged
fraud and/or abuse by either the Contractor or Subcontractor.
C. The contractor shall monitor the insurance requirements of its subcontractors and/or
vendors.
d. Contractor shall monitor the performance of its subcontractors and/or vendors
requiring subcontractor to maintain adequate staff.
e. The contractor shall satisfy, settle, and resolve all administrative, programmatic, and
fiscal aspects of the program(s), including issues that arise out of any subcontract
agreement.
f. The contractor shall not delegate or contract the above responsibilities to any other
entity, including but not limited to disputes, claims, protests of award, or other
matters of a contractual nature.
g. The contractor will provide support and technical assistance to subcontractors and
respond in writing to all written requests for direction, guidance, and interpretation of
instructions to include client and service data.
5. Subcontract Termination
a. Contractor shall notify DAAS in writing of termination of this subcontract within three
(3) business days of receipt of notification of intent to terminate subcontracted
service(s).
V. FISCAL PROVISIONS
Paragraph A is amended to read as follows:
A. The maximum amount of funds available for payment under this Contract shall not exceed $259,462,
of which $245,861 may be federally funded, and shall be subject to availability of funds to the County.
The consideration to be paid to Contractor shall be in full payment for all Contractor's services and
expenses incurred in the performance hereof, including travel and per diem.
Paragraph B is amended to read as follows:
B. Contractor shall be compensated on a fee-for-service basis based on the following rate, as specified in
Scope of Work (Attachment A):
Fiscal Year 2010/11 Congregate Site: $5.53 per meal, up to 46,228 meals
Paragraph M, item 1 is amended to read as follows:
M. Matching contributions
1. The Contractor shall provide in-kind matching contributions of a minimum of $25,560, which
is the Title III portion of the Contract multiplied by 11.11%.
Revised 1/11/2011 Page 3 of 6
EXHIBIT A
ragraph N is amended to read as follows:
N. The County shall pay Contractor for the authorized services of the previous month. Under normal
conditions, Contractor shall expect payment approximately 45 days after submission of a correctly
prepared invoice.
VII. CORRECTION OF PERFORMANCE DEFICIENCIES
Section C is amended to read as follows:
C. Appeal Procedures
If Contractor disagrees with any decision or action taken by the County or 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 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 Directors 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 Executive Officer (AEO) of 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 Executive Officer shall provide a written response to Contractor within fifteen
(15) business days. The Assistant Executive Officer shall have final authority for the decision
on the grievance except as provided below.
4. For those appeals which involve CDA programmatic policies and directives issued to the
County and contained within this Contract, the following applies. If Contractor is not satisfied
with the AEO's decision, the written grievance may be registered in writing with the CDA, Case
Management Branch, 1300 National Drive, Suite 200, Sacramento, California, 95834, within
fifteen (15) business days following receipt of the AEO's decision. Contractor shall submit to
CDA the original written grievance along with a copy of the 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 Executive Officer, and the Assistant Executive Officer's
decision. CDA shall have final authority for the decision on the grievance.
GENERAL PROVISIONS
Paragraph D, items 1 and 17 are amended to read as follows:
1. Unless otherwise provided for in this Section, property refers to all assets, capitalized or non-
capitalized, used in operation of this Contract.
Revised 1/11/2011 Page 4 of 6
i
EXHIBIT A
f a. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools,
intangibles, etc.
b. Property does not include consumable office supplies such as paper, pencils, typing
ribbons, file folders, etc.
17. All equipment purchases of$5,000.00 or more require the written approval of the Director of DAAS
or his/her designee prior to purchase.
Paragraph D, item 18 is added to read as follows:
18. All property purchases require the following:
Contractor must seek bids from "multiple firms" in selecting a supplier of goods. "Multiple" firms
means a minimum of three (3) separate and distinct business entities in competition to supply the
same or similar good. When selecting a bid, Contractor must consider such factors as type of
goods/supplies needed, cost, schedule, and availability.
L)
Revised 1/11/2011 Page 5 of 6
EXHIBIT A
'TACHMENT A—SCOPE OF WORK: Fiscal Year 2010-11 dated March 7, 2011 is added to this Contract.
ATTACHMENT B — BUDGET— Fiscal Year 2010-11 dated March 11, 2011 is added to this Contract.
ATTACHMENT M — REQUIRED SUBCONTRACT LANGUAGE is added to this Contract.
All other terms and conditions remain in full force and effect.
COUNTY OF SAN BERNARDINO City of San Bernardino
► By ►
'osie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink)
_-Ated: 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 Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address 300 North D Street
Deputy
San Bernardino CA 92418
Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature
► ► Do-
Jacqueline Carey-Wilson,County Counsel Lory Klopfer,Contracts Manager Colleen Krygier, Director
Date Date
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EXHIBIT A
CITY OF SAN BERNARDINO
BUDGET LINE ITEMS FOR NUTRITION SERVICES
Fiscal Year 201012011
PROPOSED BUDGET AMENDMENT
CONGREGATE SITES C 1 Fx HOME DELIVERED MEALS C 2
a I b C=a+b
Cost to Provider for the year
Expenditure Category: Cash in-Kind Annual Expense
1 Personnel 132,207 36,300 168,507
2 Staff Travel 0
3 Staff Training 0
4 Equipment 0
5 Consultants 9,918 9,918
6 Food Cost 105,802 10,000 115,802
7 Consumable Supplies 10,280 10,280
8 Insurance 0
9 Repair & Maintenance 30,734 30,734
10 Rent/Building Space 0
11 Utilities 21,929 21,929
12 Vehicle Operations 3,000 3,000
13 Volunteer Expenses 0
141 Other Expenses 14,756 14,756
151 Nutrition Education 785 785
Total Expenditures 307,4821'
07,482 68,2291 375,711
County Contract Revenue Sources:
Title IIIC 153,940 153,940
NSIP 22,235 22,235
One Time Only 3,036 3,036
CDBG - DAAS 0
CDBG - ECD 0
ReAllocated Funds 79,466 79,466
Nutrition Education 785 785
Total County Contract Revenue Sources 1 259,4621 1 259,462
Other Revenue Sources:
Program Income 40,000 40,000
Deferred Income 0
Matching Cash 0
Matching In-Kind 68,229 68,229
Non-Match Cash 8,020 8,020
Non-Match In-Kind 0
Total Other Revenue Sources 116,249 116,249
Total evenue 375,7111 375,711
3/22/20115:04 PM
FOR COUNTY USE ONLY
New Vendor Code ��++ Dept. /� Contract Number
'B R, DING Change SC A
CITYOFS772 OOA 10-318 A-1
Cancel
County Department Dept. Orgn. Contractor's License No.
Aging and Adult Services OOA
County Department Contract Representative Telephone Total Contract Amount
County of San Bernardino Wendy Everett (909)387-2917 $259,462
F A S Contract Type
Revenue M Encumbered F1 Unencumbered FI Other:
If not encumbered or revenue contract type,pro vide reason:
STANDARD CONTRACT
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
95200 July 1,2010 June 30,2011 $176,960 $82,502
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount
AAF OOA 210 200 2445 $71,607
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
AAF OOA 235 200 2445 $ 10,895
Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No, Amount
Project Name Estimated Payment Total by Fiscal Year
Elderly Nutrition Services FY Amount I/D FY Amount I/D
Program 10/11 $82,502 1 _
HIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
City of San Bernardino hereinafter called Contractor
Address
300 North D Street
San Bernardino, CA 92418
Telephone Federal ID No.or Social Security No.
(909) 384-5231 95-6000772
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT NO. 1
It is hereby agreed to amend Contract No. 10-318 as follows:
M. CONTRACTOR GENERAL RESPONSIBILITIES
Paragraph B is amended to read as follows:
B. Without the prior written consent of the Assistant Executive Officer for Human Services, this Contract is
not assignable by Contractor either in whole or in part. Contractor agrees not to enter into any
subcontracts for work contemplated under this Contract without first obtaining written approval from
the Assistant Executive Officer— Human Services or his/her designee. Any subcontractor shall be
subject to the same provisions as Contractor. Contractor shall be fully responsible for the
performance of any subcontractor.
Auditor/Controller-Recorder Use 0
❑Contract Database ❑FAS
Input Date Keyed By
Page 1 of 6
graph EE is added to read as follows:
EE. Subcontracting
1. General
a. Without the prior written consent of the Director of DAAS or his/her designee, this
Contract is not assignable by Contractor either in whole or in part. Contractor agrees
not to enter into any subcontracts for work contemplated under this Contract without
first obtaining written approval from the Director of DAAS or his/her designee. Any
subcontractor shall be subject to the same provisions as Contractor. Contractor
shall be fully responsible for the performance of any subcontractor. Contractor must
include all required subcontract language in its contract with any subcontractor (see
Attachment M-Required Subcontract Language).
b. The Contractor shall have no authority to contract for, on behalf of, or incur
obligations on behalf of the County.
I
2. Awards
a. Policies and procedures used in processing and awarding the subcontracts must be:
1. Organized and structured;
2. Reasonable and eq uitable,,
3. Documented and approved by appropriate authorities;
4. Consistent with applicable federal, state, and local procurement
requirements;
5. Uniformly applied; and
I'I 6. Open for public review and scrutiny.
b. Copies of subcontracts, memoranda and/or letters of understanding shall be on file
with the Contractor and shall be made available for review at the request of the
County.
C. A copy of the executed subcontract shall be submitted to the Director of DAAS.
3. Financial
a. Funds for this Contract shall not be obligated in subcontracts for services beyond the
ending date of this Contract.
b. Contractor must ensure costs incurred by the subcontractor are verifiable from their
records.
C. The Contractor shall review, approve, and monitor subcontractor performance,
budgets and expenditures pertaining to the contracted service(s).
d. If applicable', The Contractor shall monitor on an ongoing basis, the subcontractor's
use of federal and state funds through reporting, site visits, regular contact or other
means to provide reasonable assurance that the subcontractor administers funds in
compliance with laws, regulations, and the provisions of contracts. (OMB Circular A-
133.400(d)(3).
' OMB applies if aggregate expenditures of$500,000 in federal funds are spent in one fiscal year.
Revised 1/11/2011 Page 2 of 6
e. The maximum reimbursement amount allowable for indirect costs is 8% of
subcontractor's direct costs, excluding in-kind contributions and nonexpendable
equipment.
4. Monitoring
a. Contractor shall monitor the budget and expenditures of its subcontractors and/or
vendors.
b. Contractor shall report immediately to the DAAS in writing any incidents of alleged
fraud and/or abuse b he Contractor or Subcontractor.
y eithe r t
C. The contractor shall monitor the insurance requirements of its subcontractors and/or
vendors.
d. Contractor shall monitor the performance of its subcontractors and/or vendors
requiring subcontractor to maintain adequate staff.
e. The contractor shall satisfy, settle, and resolve all administrative, programmatic, and
fiscal aspects of the program(s), including issues that arise out of any subcontract
agreement.
f. The contractor shall not delegate or contract the above responsibilities to any other
entity, including but not limited to disputes, claims, protests of award, or other
matters of a contractual nature.
9.
The contractor will provide support and technical assistance to subcontractors and
respond in writing to all written requests for direction, guidance, and interpretation of
instructions to include client and service data.
5. Subcontract Termination
a. Contractor shall notify DAAS in writing of termination of this subcontract within three
(3) business days of receipt of notification of intent to terminate subcontracted
service(s).
V. FISCAL PROVISIONS
Paragraph A is amended to read as follows:
A. The maximum amount of funds available for payment under this Contract shall not exceed $259,462,
of which $245,861 may be federally funded, and shall be subject to availability of funds to the County.
The consideration to be paid to Contractor shall be in full payment for all Contractor's services and
expenses incurred in the performance hereof, including travel and per diem.
Paragraph B is amended to read as follows:
B. Contractor shall be compensated on a fee-for-service basis based on the following rate, as specified in
Scope of Work (Attachment A):
Fiscal Year 2010/11 Congregate Site: $5.53 per meal, up to 46,228 meals
Paragraph M, item 1 is amended to read as follows:
M. Matching contributions
The Contractor shall provide in-kind matching contributions of a minimum of $25,560, which
is the Title III portion of the Contract multiplied by 11.11%.
Revised 1/11/2011 Page 3 of 6
graph N is amended to read as follows:
N. The County shall pay Contractor for the authorized services of the previous month. Under normal
conditions, Contractor shall expect payment approximately 45 days after submission of a correctly
prepared invoice.
VII. CORRECTION OF PERFORMANCE DEFICIENCIES
Section C is amended to read as follows:
C. Appeal Procedures
If Contractor disagrees with any decision or action taken by the County or 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 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 Executive Officer (AEO) of 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 Executive Officer shall provide a written response to Contractor within fifteen
(15) business days. The Assistant Executive Officer shall have final authority for the decision
on the grievance except as provided below.
4. For those appeals which involve CDA programmatic policies and directives issued to the
County and contained within this Contract, the following applies. If Contractor is not satisfied
with the AEO's decision, the written grievance may be registered in writing with the CDA, Case
Management Branch, 1300 National Drive, Suite 200, Sacramento, California, 95834, within
fifteen (15) business days following receipt of the AEO's decision. Contractor shall submit to
CDA the original written grievance along with a copy of the 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 Executive Officer, and the Assistant Executive Officer's
decision. CDA shall have final authority for the decision on the grievance.
GENERAL PROVISIONS
Paragraph D, items 1 and 17 are amended to read as follows:
1. Unless otherwise provided for in this Section, property refers to all assets, capitalized or non-
capitalized, used in operation of this Contract.
Revised 1/11/2011 Page 4 of 6
II' a. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools,
intangibles, etc.
b. Property does not include consumable office supplies such as paper, pencils, typing
ribbons, file folders, etc.
17. All equipment purchases of$5,000.00 or more require the written approval of the Director of DAAS
or his/her designee prior to purchase.
Paragraph D, item 18 is added to read as follows:
18. All property purchases require the following:
Contractor must seek bids from "multiple firms" in selecting a supplier of goods. "Multiple" firms
means a minimum of three (3) separate and distinct business entities in competition to supply the
same or similar good. When selecting a bid, Contractor must consider such factors as type of
goods/supplies needed, cost, schedule, and availability.
Page 5 of 6
Revised 1/11/2011
ACHMENT A—SCOPE OF WORK: Fiscal Year 2010-11 d_ated March 7, 2011 is added to this Contract.
ATTACHMENT B— BUDGET— Fiscal Year 2010-11 dated March 11, 2011 is added to this Contract.
ATTACHMENT M — REQUIRED SUBCONTRACT LANGUAGE is added to this Contract.
All other terms and conditions remain in full force and effect.
COUNTY OF SAN BERNARDINO City of San Bernardino
► By ►
,',,3ie Gonzales, Chair, Board of Supervisors (Authorized signature-sign in blue ink)
ad: 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 Dated:
Clerk of the Board of Supervisors
of the County of San Bernardino
By Address 300 North D Street
Deputy
San Bernardino, CA 92418
APPROVED AS TO FORM:
James F. Penman,
City Attorney
Approved as to Legal Form Reviewed by Contract Compliance S for Signaturet
► to-
Jacqueline Carey-Wilson,County Counsel Lory Klopfer,Contracts Manager Colleen Krygier,Director
Date Date
AuditorlController-Recorder Use Onl
D Contract Database ❑FAS
Input Date Keyed ly
Page 6 of 6
CITY OF SAN BERNARDINO
BUDGET LINE ITEMS FOR NUTRITION SERVICES
Fiscal Year 201012011
PROPOSED BUDGET AMENDMENT
CONGREGATE SITES C 1 Fx HOME DELIVERED MEALS C 2
q I b C=a+b
Cost to Provider for the year
Expenditure Category: Cash in-Kind Annual Expense
1 Personnel 132,207 36,300 168,507
2 Staff Travel 0
3 Staff Training 0
4 Equipment 0
5 Consultants 9,918 9,918
61 Food Cost 105,802 10,000 115,802
7 Consumable Supplies 10,280 10,280
81 Insurance 0
9 Repair & Maintenance 30,734 30,734
10 Rent/Building Space 0
111 Utilities 21,929 21,929
12 Vehicle Operations 3,000 3,000
131 Volunteer Expenses 0
141 Other Expenses 14,756 14,756
15 Nutrition Education 7851 785
Total Expenditures 307,4821 68,229 375,711
County Contract Revenue Sources:
Title IIIC 153,940 153,940
NSIP 22,235 22,235
One Time Only 3,036 3,036
CDBG - DAAS 0
CDBG - ECD 0
ReAllocated Funds 79,466 79,466
Nutrition Education 785 785
Total County Contract Revenue Sources 259,462 259,462
Other Revenue Sources:
Program Income 40,000 40,000
Deferred Income 0
Matching Cash 0
Matching In-Kind 68,229 68,229
Non-Match Cash 8,020 8,020
Non-Match In-Kind 0
Total Other Revenue Sources 116,249 116,249
Total evenue 375,7111 375,711
3/22/20115:05 PM