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HomeMy WebLinkAbout2014-253 1 RESOLUTION NO. 2014-753 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO RATIFYING THE EXECUTION OF FAS STANDARD 4 CONTRACT 13-546 A-2 (AMENDMENT NO. 2 TO CONTRACT 13-546) WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT 5 SERVICES (DAAS) ACCEPTING THE PROPOSED GRANT AMOUNT OF $217,300 FOR THE FY 2014/15 SENIOR NUTRITION PROGRAM; AUTHORIZING THE 6 DIRECTOR OF ADMINISTRATIVE SERVICES TO APPROPRIATE GRANT EXPENDITURES; AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO ISSUE ANNUAL PURCHASE ORDERS FOR FY 2014/15 TO SYSCO 8 FOODS, MERIT DAY, AND FS DAIRY NOT TO EXCEED $112,430 IN THE AGGREGATE. 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. That the FAS Standard Contract 13-546 A-2 with the County of San 12 Bernardino, executed by the City Manager on June 17, 2014, for a grant in the amount of 13 14 $217,300 for a one-year period of July 1, 2014 through June 30, 2015, a copy of which is 15 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 16 set forth at length, is hereby ratified; and 17 SECTION 2. That the Director of Administrative Services or his designee is hereby 18 authorized to appropriate budget expenditures in the amount of$369,397 for FY 2014-2015 19 20 for the Senior Nutrition Program and to issue annual purchase orders to Sysco Foods, Merit 21 Day, and FS Dairy for food services and consumable supplies in an aggregate amount not to 22 exceed $112,430 for FY 2014-2015 per the third year of 3-year Vendor Service Agreements. 23 SECTION 3. That the authorization granted hereunder shall expire and be void and 24 of no further effect if the Standard Agreement is not executed by both parties and returned to 25 26 the Office of the City Clerk within one hundred and twenty days (120) days following 27 effective date of the Resolution. 28 /// 2014-253 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF FAS STANDARD 2 CONTRACT 13-546 A-2 (AMENDMENT NO. 2 TO CONTRACT 13-546) WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT 3 SERVICES (DAAS) ACCEPTING THE PROPOSED GRANT AMOUNT OF $217,300 4 FOR THE FY 2014/15 SENIOR NUTRITION PROGRAM; AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO APPROPRIATE GRANT 5 EXPENDITURES; AND AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO ISSUE ANNUAL PURCHASE ORDERS FOR FY 2014/15 TO SYSCO 6 FOODS, MERIT DAY, AND FS DAIRY NOT TO EXCEED $112,430 IN THE 7 AGGREGATE. 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 9 and Common Council of the City of San Bernardino at a joint regular meeting thereof, 10 held on the 7th day of July , 2014, by the following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 MARQUEZ x 13 14 BARRIOS x 15 VALDIVIA x 16 SHORETT x 17 NICKEL x 18 JOHNSON x 19 20 MULVIHILL x 21 ` George.i Hanna, City Clerk 22 The foregoing resolution is hereby approved this da o , 2014. 23 / ,JI, , 24 ..Virgin . Mar4uez, M./or Pao Tem 25 City of San Bernardino Approved as to Form: 26 GARY D. SAENZ, CITY ATTORNEY 27 , l By: . J � I 28 2014-253 FOR COUNTY USE ONLY \w.77 .i7 New FAS Vendor Code /+ Dept. Contract Number swa , ® Change CITYOFS772 SC OOA A 13-546 A-2 ❑ Cancel ePro Vendor Number ePro Contract Number 00003036 146518 County Department Dept. Orgn. Contractor's License No. Department of Aging and Adult Services OOA 210 County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Gloria Perez (909)386-8145 $427,422 F A S Contract Type rl (Revenue El Encumbered fl Unencumbered fl Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 95200 July 1,2013 June 30,2015 $210,122 $217,300 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount AAF OOA 210 300 3357 $190,951 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAF OOA 235 300 3357 $26,349 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year Elderly Nutrition Program FY Amount I/D FY Amount I/D 14/15 $217,300 I THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name City of San Bernardino hereinafter called Contractor Address 300 North D Street San Bernardino, CA 92418 Telephone Federal ID No.or Social Security No. (909) 384-5434 IT IS HEREBY AGREED AS FOLLOWS: AMENDMENT NO. 1 It is hereby agreed to amend Contract No. 13-546 as follows: V. FISCAL PROVISIONS Section V is amended to read as follows: A. The maximum amount of funds available for reimbursement or payment under this Contract shall not exceed $427,422, of which $379,264 may be federally funded, and shall be subject to available of Auditor-Controller/Treasurer Tax Collector Use Only o Contract Database ❑FAS Input Date Keyed By Page 1 of 5 2014-253 funds to the County. The consideration to be paid to Contractor shall be payment in full for all Contractors services in the performance hereof, including travel and per diem (Attachment N). The amount is broken down as follows: Original Contract July 1, 2013 through June 30, 2014 $210,122 Amendment No. 2 Increase for July 1, 2014 through June 30, 2015 $217,300 B. Contractor shall be compensated on a fee-for-service based on the following rates, as specified in Scope of Work(Attachment A)and Program Budget(Attachment 0): 2014/15 Congregate Site $5.81 per meal, up to 32,866 Notwithstanding the fee-for-service amounts shown above, the total funds payable to Contractor by DAAS shall not exceed 1) the maximum amount shown in Paragraph A above, or 2) the total allowable costs reported by Contractor for services provided pursuant to this Contract. C. Matching Contributions 1. In general, acceptable matching contributions are those that: a. Are verifiable from the Contractor's records. b. Are not included as contributions for other federally-assisted programs or projects. c. Are necessary and reasonable for proper and efficient accomplishment of program objectives. d. Are not paid by the Federal government under another award, except where authorized by Federal statute to be allowed for cost sharing or matching. e. Are provided for in the approved budget when required. f. Conform to other laws, regulations, and provisions of contract or agreements applicable to the program. 2. Contractor shall provide a minimum of$17,766 matching contributions for 2014-15, which is the amount of Federal Title III funds provided under the Contract multiplied by 11.11% (Attachments L and P). D. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into Contractor designated checking or other bank account. Contractor shall promptly comply with directions and accurately completed forms provided by County required to process EFT payments. E. Costs for services under the terms of the 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. F. Funds made available under this contract shall not supplant any federal, state or other 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 County with respect 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 County. G. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. Page 2 of 5 2014-253 H. Upon written demonstration of need by Contractor, at the option of County, up to 10% of Title III Federal funds may be advanced to Contractor upon approval of the Director of DAAS. Any such advanced funds shall cause the amounts payable by DAAS to Contractor in subsequent months to be reduced by an amount equal to the amount of funds advanced divided by the number of months remaining in the Contract period. No such advance shall increase the amount shown in Section V.A above. 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 the 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 submit to County all reports required by County, to include but not limited to: a) Monthly Invoice b) Program Reports c) Monthly invoice (due to DAAS Administration by the 5th working day of the month following the month of service). Above reports should be mailed to the following address: DAAS Administration Attention: Program Analyst 686 East Mill Street San Bernardino, CA 92415-0640 d) When requested by County, Contractor agrees to work in conjunction with DAAS in developing and maintaining designated client database. e) Annual Financial Reports 1) Final statement of expenditures and income for contract period ("Financial Closeout") within thirty days of the end of contract period, unless otherwise specified by County. 2) Equipment Inventory Report Above financial reports should be mailed to the following address: DAAS Administration Attention: Fiscal Analyst 686 East Mill Street San Bernardino, CA 92415-0640 J. Contractor shall return to DAAS, immediately upon written demand, any funds provided under the 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. Page 3 of 5 2014-253 VI. RIGHT TO MONITOR AND AUDIT Section VI is amended to read as follows: 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 may 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 County, at Contractor's own expense, who shall prepare and file with County a program specific audit as defined by OMB Circular A-133, within 60 days of the termination of the Contract. Page 4 of 5 2014-253 ATTACHMENT A—SCOPE OF WORK 2014—15 is added to this contract. ATTACHMENT N — PAYMENT, BUDGETS, CLOSEOUTS, AND AUDIT LANGUAGE is added to this contract. ATTACHMENT 0 —PROGRAM BUDGET from July 1, 2014 through June 30, 2015 is added to this contract. ATTACHMENT P — MATCHING FUNDS NARRATIVE- July 1, 2014 through June 30, 2015 is added to this contract. All other terms and conditions remain in full force and effect. COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of co .• -lion,company,contractor,etc.) By ,% ) re rig/AM-4 Chair, Board of Supervi ors Au j rized signature-sign in blue ink) Janicq.t.,. Ru erford, C p Dated: +',j: • Name Allen J. Parker (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title City Manager CHAIRMAN OF , BOARD (Print or Type) „f.-Laura H. WeLcIi> , Dated: June 17, 2014 y ;Clerk of the Board*Servisors of the Cou _of SSrr 8eryardino By t . o r Address 300 North D Street r \deputy 1�y - San Bernardino, CA 92418 . , , ; .proved to Leg t o?m , ?y 1� Reviewed by Contract Compliance Prese ted to BOS for Si nature = Vg t , 0 10-61Th 44 ergii44,- J--•ue e arey- ilson Regina Da`i.n,HS Contracts Unit Ron Buttram,DAAS D ctor •e.uty County Co nsel/ f ��'�'� t.O ( / ( Date t�� ' Date it Da - ff Page 5 of 5 2014-253 ATTACHMENT A San Bernardino County Elderly Nutrition Program Scope of Work 2014-15 July 1, 2014 This Scope of Work contains the measurable objectives mandated by the Department of Aging and Adult Services (DAAS) and the California Department of Aging (CDA) required of the Elderly Nutrition Program (ENP) Provider. The Scope of Work specifies and establishes monthly, quarterly, and annual time frames and constitutes the primary document for on-going monitoring and annual Program and Fiscal monitoring. It will be used to measure the Provider's efforts towards providing quality nutrition services. Contractor: City of San Bernardino Service Area: San Bernardino and Surrounding Areas Program Description: A. Purpose — The purpose of the ENP is to provide nutrition services as described in the Older Americans Act (OAA) of 1965, as amended, and to assist older individuals in California to live independently, by promoting better health through improved nutrition, and reduced isolation through programs coordinated with nutrition-related supportive services. B. Definition — Nutrition Services means the procurement, preparation, transport, and service of meals, nutrition education, nutrition screening, and nutrition counseling, to eligible individuals at congregate sites or in their homes. C. Goals — to maintain or improve the physical, psychological, and social well being of older individuals, by providing or securing appropriate nutrition services. D. Objectives: 1. Give preference to older individuals in greatest economic or social need with particular attention to low-income minority individuals. 2. Serve meals that provide one-third (1/3) of the Dietary Reference Intakes (DRI's) and are safe and of good quality. 3. Promote and maintain high food safety and sanitation standards. 4. Promote good health behaviors through nutrition education and nutrition screening of participants. 5. Promote or maintain coordination with other nutrition-related supportive services for older individuals. E. Target Population — The ENP Provider shall target individuals who are sixty (60) years of age or older, minorities, low income and living in rural areas of the County of San Bernardino. II. Eligibility for Nutrition Services: A. Congregate Meals—Individuals eligible to receive a meal at a congregate nutrition site are: 1. Any older individual 60 or older. 2. The spouse of any older individual 60 or older. 3. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals (60 or older) at which congregate nutrition services are provided. 4. A disabled individual who resides at home with and accompanies an older individual who participates in the program. B. Volunteer Meals: 1. A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual who is 60 or older of a meal. C. Home-Delivered Meals—Individuals eligible to receive a home-delivered meal are: 1. Any older individual who is frail, as defined below, and homebound by reason of illness, disability, or isolation: 2014-253 a. "Frail" means that an older individual is determined to be functionally impaired because the individual either: 1) Is unable to perform at least two (2)activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility and associated tasks, without substantial human assistance, including verbal reminding, physical cueing or supervision. 2) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that possess a serious health or safety hazard to the individual or to others. 2. A spouse of a person in sub-section (C)(1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual. 3. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. 4. Priority shall be given to older individuals in sub-section (C)(1) above. III. Requirements for Nutrition Services: A. Congregate Meals: 1. Each Congregate Meal Provider shall: a. Include procedures for obtain the views of participants about the services received. b. Not preclude the service of a meal to a participant who has failed to make a reservation when food is available. 1) Ensure each Congregate Meal participant completes sections I and IV of the Client Intake Sheet (provided by DAAS) on the first day of service and annually thereafter. 2) Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS. 2. Each Congregate Meal site shall meet all of the following: a. Have a paid staff or volunteer designated to be responsible for the day-to-day activities at each site, and physically be on-site during the time that ENP activities are taking place. b. Have restrooms, lighting, and ventilation, which meet the requirements of the California Retail Food Code (CRFC). c. Have equipment, including tables and chairs that are sturdy and appropriate for older individuals. Tables shall be arranged to assure ease of access and encourage socialization. B. Home-Delivered Meals: 1. Develop and implement criteria to assess the level of need for home- delivered nutrition services of each eligible participant. a. An initial determination of eligibility may be accomplished by telephone. This initial contact with the participant shall include completion of sections I, II, Ill, and IV of the Client Intake Sheet (provided by DAAS). b. A written assessment shall be done in the home within two (2) weeks of beginning meal service, and shall include an assessment of the type of meal appropriate for the participant in their living environment. c. An older individual eligible for receiving home-delivered meals shall be assessed for need of nutrition-related supportive services, and referred as necessary. 2014-253 d. Re-assessment of need shall be determined quarterly. Such re- assessment shall be done in the home of the participant at least every other quarter. Each quarter's re-assessment shall include completion of sections I, II, Ill, and IV of the Client Intake Sheet (provided by DAAS). 2. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals. Instructions must be legible. 3. Clearly label individual meals to indicate at least the entrée and primary protein source. Examples: "Chicken Enchilada," "Beef Lasagna." 4. Establish a waiting list for home-delivered meals whenever the home- delivered meal providers are unable to provide meals to all eligible individuals. The decision to place eligible recipients of a home-delivered meal on a waiting list, and their position on such a list, shall be based on greatest need and-or in accordance with policy established by the home- delivered meal provider, in consultation with DAAS. 5. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals). 6. Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS. IV. Program Outcomes: A. Total Number of Meals to be Served: 32,866** 1. A minimum of 95% of the total number of meals is to be provided. The Director of DAAS must approve requests to serve less than 95% of the total number of meals to be provided. All such requests must be in writing. Program: C-1 (Congregate Meals) Program C-2(Home-Delivered Meals) #of Days of Service: 255 #of Days of Service: Number of Meals: 32,866 Number of Meals Sites to be Served: Areas to be Served: 5th Street Senior Center Perris Hill Senior Center Hernandez Community Center Lytle Creek Community Center New Hope Family Life Center Highland Senior Center V. Staffing: A. Manager or Director: 1. The ENP provider shall have a manager on staff who shall conduct the day- to-day management and administrative functions of the ENP, and either have(1), (2), or(3): a. Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years' experience as a food service supervisor, or, b. Demonstrate experience in food service, such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of 2014-253 meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, or, c. Two years' experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire. 2. The ENP Provider shall maintain documentation on file of the qualifications of the Program Manager or staff. 3. If the Provider has more than one site, the Manager/Director shall monitor the sites on a bi-monthly basis. The bi-monthly visit shall be for the purpose of monitoring the food service practices of the employees and the implementation of the program requirements at the site level. Documentation of each visit shall be maintained on file for DAAS review. B. Personnel—Paid Staff/Volunteers: 1. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the ENP. The total number of staff should be based on the method and level of services provided and size of the service area. 2. Contractor is encouraged to hire multi-lingual/multi-cultural staff to increase low-income and ethnic minority program participation in accordance with federal mandates. 3. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions. Written job descriptions for all paid and volunteer staff shall be maintained. 4. Contractor shall complete a written work performance evaluation on all paid and volunteer staff at least annually. 5. All staff, paid and volunteer, that will be involved in food service operation or clean-up except home-delivered meal drivers must be in possession of a current San Bernardino County-issued Food Worker Card and Certificate. 6. Volunteers shall be recruited and used in any phase of the program operation where qualified. 7. Volunteers shall be screened and selected through a formal process that assesses their capabilities. 8. Volunteers shall receive the same training as paid staff. 9. Volunteers that are paid through other job training programs are not considered volunteers and must be paid the agreed upon rate charged for regular paid staff. 10. The ENP Provider shall maintain a written Volunteer Policy that describes how volunteers are recruited, screened, what topics they are taught at orientation, and how often their performance is evaluated. C. Registered Dietitian: 1. Each ENP Provider shall establish and administer nutrition services with the advice of a Registered Dietitian in accordance with Section 339 of the OAA, and follow the general requirements in Title 22, Division 1.8, Section 7500. 2. The Registered Dietitian will provide the following activities to meet the mandated requirements: a. At a minimum, quarterly monitor food facilities or safe food handling, sanitation, and physical safety practices, menu fulfillment, and, if applicable, home delivered meals processes. b. Review and approve the content of staff training prior to presentation. c. Develop, or review and approve the cycle menus. d. Provide input, review, and approve the Nutrition Education Plan prior to presentation. e. Provide technical support and assistance as needed. VI. Staff Training Activities: 2014-253 A. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the ENP Provider, as required in Title 22, Division 1.8, Section 7636.7(c). B. The Provider's Registered Dietitian shall review and approve the content of the Plan prior to presentation. C. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled. D. A copy of the Staff Training Plan that has been approved by the Provider's Registered Dietitian must be submitted to DAAS by July 31 of the FY it is being provided in. The DAAS Registered Dietitian will review and approve the Staff Training Plan and return it to the Provider. The DAAS approved Staff Training Plan must be kept on file. E. A minimum of four(4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and home-delivered meal staff. F. Training sessions shall be evaluated by those receiving the training. G. The ENP Provider shall maintain documentation of each training session on file. Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations. H. All staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks. Training, at a minimum, shall include: 1. Food safety, prevention of food borne illness, and Hazard Analysis Critical Control Points(HACCP)principles. 2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures. 3. Elder Abuse Law and reporting procedures. 4. CDA Security Awareness Training (annually). VII. Senior Participants: A. Satisfaction Survey: 1. The ENP Provider shall conduct a Client Satisfaction Survey at least annually. The Survey instrument must be approved by DAAS prior to its use, and all findings from the Survey must be used to improve services. The Provider must keep the completed Surveys and the tabulated results on file. A copy of the tabulated results must be submitted to DAAS by March 7th of the FY it is being conducted for. B. Complaint Procedures: 1. Each Provider shall have a written Complaint Procedure. 2. The Complaint Procedure will be available for the participants and will provide them the opportunity to provide positive as well as negative feedback to the Program Manager. 3. The Provider shall have an assessment tool readily accessible for the seniors attending the congregate site or receiving a home-delivered meal. C. Nutrition Education Services for Participants: 1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a. Nutrition Education for congregate sites is defined as demonstrations, presentation, lectures or small group discussions, all of which may be augmented with printed materials. b. Nutrition Education for home-delivered meal participants may consist solely of printed material that is in conjunction with a congregate meal Nutrition Education presentation. 2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants. An annual Needs Assessment shall be performed by the ENP Provider to make this determination. 3. The Nutrition Education Plan and annual Needs Assessment must be submitted to DAAS by July31 of the fiscal year in which it is being provided. a;,: 2014-253 • 4. Nutrition Education sessions must be reported monthly to DAAS using the Nutrition Education Monthly Service Unit Report. Nutrition Education Units of Service: Program: C-1 (Congregate Meals) Program: C-2(Home-Delivered MealsL #of Units to be Provided: 516 #of Units to be Provided: #of Sites to be Presented at: 6 #of Participants to be Presented to: VIII. Menu Planning Guidelines/Menu Requirements: A. Menus to cover a minimum of 3-months shall be planned and submitted to DAAS. Menu cycles must be 4 weeks or longer. B. Menu cycles shall include the availability of seasonal foods. C. Health, cultural, ethnic and regional dietary practices shall be considered in menu planning, food selection, and meal preparation. D. Menus shall be planned with guidance from the Provider's Registered Dietitian, analyzed by either the computerized or the component method, checked for required menu elements, and then approved as meeting requirements by the Provider's Registered Dietitian. Upon approval they shall be forwarded to the DAAS Registered Dietitian for certification. E. Menus shall be submitted to the DAAS Registered Dietitian forty-five (45) days prior to the menu start date. Allow thirty (30) days for the menu certification process. Timely submitted menus will be returned to the Provider at least fifteen (15) days prior to the menu start date. ENP Providers are required to have menus certified prior to the menu start date. All signatures on the menu shall be original signatures. F. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site. G. Copies of the menus shall be made available to the participants upon request. H. In planning the menus, the current Dietary Reference Intakes (DRI) and the Dietary Guidelines for Americans (DGA) are to be considered. Menus shall conform to the following criteria referenced in the sources: 1. Provide an average of 550-750 calories per meal. 2. Limit total fat to no more than 25-35% of the calories averaged for the week. 3. Choose and prepare foods with low amounts of salt, soy sauce and other high sodium items. 4. Include good sources of dietary fiber such as whole grains and cooked dry beans at least two times a week. 5. Include a variety of foods and preparation methods with consideration to color, combinations, texture, size, shape, taste, and preference of the participants served. 6. Dietary Reference Intake Values: a. Table one (1) represents the most current Dietary Reference Intakes (DRI) values and daily compliance range for target nutrients. The values provided are based on the U.S. Department of Agriculture (USDA) Food Guide calculated for one (1) meal for a woman over seventy (70) years of age whose activity level is sedentary. This example represents a majority of the older adult population served by the ENP statewide. 1) The nutrients selected for this Table are based on the target nutrients to: Promote health and prevent disease ii. Prevent deficiencies iii. Indicate diet quality 2014-253 iv. Manage disease b. Of these Target Nutrients, meals must supply a minimum of 33 1/3 percent of the DRIs for Calories, Protein, Vitamin A, Vitamin C, Fiber, and Calcium. Table 1 Target Nutrients Nutrient Target Value* Daily Compliance Range per meal Calories(Kcal) >550 Kcal >550—700 Kcal Protein 15 gm 15 gm (in the primary protein source) Fat(% of total calories) 20-35% <35%weekly average Saturated Fat(% of total calories) <10% <10% Trans Fat <0.5g CRFC Chapter 12.6 section 114377** A(pg RAE) 233 pg > 233 pg 3 out of 5 days /wk or 4 out of 7 days/wk Vitamin C(mg) 25 mg 25 mg Vitamin B12(pg) O g pg 0.8 pg (may average over a week) Calcium (mg) 400 mg >400 mg (may average over a week) Magnesium (mg) 105 mg >105 mg (may average over a week) Sodium (mg) <500-750 mg <1,000 mg (over 1,000 mg place an icon on the menu) Fiber(gm) >7 gm >7 gm (may average over a week) Potassium (gm) 1565 mg 1565 mg(may average over a week) Vitamin D 200 IU 200 IU (may average over a week) *Target Value: This value represents one-third of the DRI for a 1600 calorie range. The 1600 calorie range was chosen based on the requirements for a 70-year-old sedentary female. If a majority of the senior population served by the AAA ENP Program differs from the above example, use your ENP predominate demographic characteristics to calculate target nutrient values. **California Retail Food Code: Commencing January 1, 2011, no food containing artificial trans fat, including oil and shortening that contains artificial trans fat for use in the deep frying of yeast dough or cake batter, maybe storage, distributed, served by, or used in the preparation of any food within a food facility. ***RAE = Retinol Activity Equivalent. NOTE: Fortified foods should be used to meet Vitamin B12 needs. 2014-253 Recommended sodium content was liberalized based on the information from the Mathematical study data which indicated that, for many participants, the ENP meal provides 40-50 percent of the participants'daily intake. Meal Elements —required for both computerized and component menus: 1. Protein —meat, fish, poultry, legumes, eggs, and cheese: a. A minimum of 2.0 ounces of cooked, edible portions of meat, fish, poultry, legumes, eggs, cheese, (or a combination thereof) providing at least 15 grams of protein. Programs should consider the preferences of the participants they serve. b. Legumes may not be counted as both vegetable and protein. ENP Providers may use other protein sources to provide the occasional vegetarian meal. 2. Vegetables (1-2 servings): a. One serving cooked or raw vegetables = 1/2 cup b. Vegetables as a primary ingredient in soups, stews, casseroles, or other combination dishes must total 1/2 cup(cooked) per serving. c. One serving raw leafy vegetables (salads) = 1 cup per. 3. Fruit(1 serving): a. A serving of fruit equals: 1) 1 medium sized whole fruit 2) '/2 cup fresh, chopped, cooked, frozen, or canned drained fruit 3) 'A cup 100%fruit juice b. Fresh, frozen, or canned fruit should be packed in juice, light syrup, or without sugar. Fruit packed in high sugar content syrup must be rinsed before using. c. Fruit juice may be used only occasionally, as it contributes no fiber and can raise blood sugar in those with diabetes 4. Breads/Grains (1 ounce-equivalent serving): a. One serving equals : (1) 1 slice of bread, a medium dinner roll, or 1/2 burger bun (2) 1/2 cup cooked rice, barley, corn meal, or other cooked breakfast cereal (3) 1/2 cup cooked spaghetti or other pasta b. One-half of the daily intake of grains should be from whole grains. Grains that are processed (not whole) must be fortified. 5. Milk (8 fI. oz.): a. Each meal shall contain eight (8) fluid ounces of fortified nonfat milk, 1%fat milk, buttermilk or calcium-fortified soymilk or calcium- fortified orange juice. If a participant's personal preference precludes the acceptance of milk with the meal, an equivalent high calcium substitute must be offered. 6. Fat(Optional): a. Each meal may contain fat components to increase the palatability and acceptability of the meal. b. When selecting and preparing meat, poultry, dry beans, and milk or milk products, make choices that are lean, low fat, or fat free. c. Less than 10% of calories should come from saturated fat, and minimize trans fats. Keep total fat intake between 20 to 35 percent of calories, with most fats coming from sources of polyunsaturated and monounsaturated fats such as fish, nuts, and vegetable oils. 7. Dessert(Optional): a. Dessert may be provided as an option to satisfy the caloric requirements or for additional nutrients. Use fruit as a dessert as 2014-253 often as possible. Limit sweets that are high sugar, high fat, and/or high refined grains to no more than once or twice per week. b. When a dessert contains 1/2 cup of fruit per serving, it may be counted as a serving of fruit. 8. Condiments and Product Substitutes: a. Sugar substitutes, pepper, herbal seasonings, lemon, vinegar, non-dairy coffee creamer, salt, and sugar may be provided, but should not be counted as fulfilling any part of the nutritive requirements. b. Condiments such as high sodium salad dressings, ketchup, soy sauce, mustard, and mayonnaise do not need to be counted in a menu analysis if they are served "on the side" and are not combined with the food. c. At least one low-sodium salad dressing option must be provided for leafy green salads. d. Oil-and-vinegar and other salad dressings served combined with salads must be accounted for in the nutrient analysis of the menu and/or recipe. 9. Sodium: The commitment to reduce sodium in the meals stems from the fact that nutrition-related chronic diseases remain the primary cause of death among people aged 65 and older. California has a diverse population, and the ENPs in the State provide culturally appropriate meals for many ethnicities. Asian meals traditionally have higher sodium levels. Programs that choose to provide culturally appropriate meals, but are concerned with the sodium content of the meals, may consider: 1) Using low sodium soy sauce or diluting soy sauce with water to produce low sodium soy sauce; 2) Offering soy sauce as a condiment to be added by the senior; 3) Providing Nutrition Education on sodium; 4) Continuing to work with the sodium levels of meals, making small steps to reduce the risk of developing kidney stones, and possibly decrease bone loss with age; 5) Not providing potassium chloride salt substitutes; 6) Noting meals that have more than 1000 mg of sodium on the menu as such: "This meal contains more than 1000 mg of sodium," or using an icon denoting a high sodium meal; and 7) Using low sodium versions of high sodium foods when available and feasible with budget allowances. 10. Menu Item Flexibility: The ENP Provider has the discretion to allow occasional flexibility in planning meals that may not meet the meal pattern, but does meet the nutrient value requirements. Fortified food products and combination dishes used in a menu may not match the meal pattern, but may provide for the required nutrient values. For example, a fortified snack bar as a dessert could be used to boost the nutrient value of a boxed lunch or special occasion meal. J. Meal Element/Nutrient Analysis: A meal element and nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Section 7638.5. a. Meal Element Analysis: Use Section "I" Requirements Above 2014-253 b. Computerized Nutrient Analysis Requirements 1) Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals. While meal patterns serve as a basic framework for menu planning, providers are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus. As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. ENP Providers should focus on: i. Vitamin A ii. Vitamin C iii. Protein iv. Fat v. Sodium vi. Fiber 2) Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education. 3) The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; total fat; saturated fat; total fiber; Vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12, calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one-third of the DRIs, the menus should also follow the DGA. 2. Component Nutrient Analysis Requirements: a. The California 1600-calorie component meal pattern has been developed to reflect the new DGA requirements for those programs that are not using computerized nutrient analysis. Items that provide the following target nutrients should be identified on the menu when using a component meal pattern template: a) Vitamin C — Provide one-third (1/3) of the DRI for Vitamin C each meal — 25 mg (for a 1600-calorie menu). b) Vitamin A — Provide one-third (1/3) of the DRI for Vitamin A at least three (3) times per week, 233 µg (for a 1600-calorie menu). c) Sodium — meals that contain over 1,000 mg of sodium must be noted on the menu as a high sodium meal. b. Table 2 describes the elements in the California 1600-calorie meal pattern. Serving sizes are based on the USDA My Plate. This sample component meal pattern does not assure that meals meet one-third (1/3) of the DRI's and the DGA. Meals will require specific types of fruits and vegetables, whole grains, and high fiber foods in order to assure the target nutrients are provided. The component meal pattern may be deficient in Vitamin B12, 2014-253 requiring additional nutrition education for participants on the selection of foods that are good sources of this nutrient. c. The meal pattern in Table 2 below is based on the minimum requirements for a sedentary female 70 years of age. If the majority of the population served by a provider falls within another requirement range (i.e. active 60 year old men), the serving sizes and minimum number of servings required can be adjusted to meet the service population. ENP Providers should verify the population served and develop menu criteria accordingly. Table 2 California 1600 Calorie per Day Component Meal Pattern Minimum Required Elements Food Group Required servings for Serving sizes for 1600 550 calories per meal calorie level Lean meat or beans 1 serving 2 ounces = 1 serving 2 ounces per meal Vegetable 1 —2 servings %2 cup = 1 serving Fruit 1 serving 1/2 cup = 1 serving Bread or Grain 1 —2 servings 1 slice Bread = 1 serving At least 1/2 whole grain 1/2 cup of rice or pasta = 1 serving Non-fat or 1% fat milk or milk 1 serving 1 cup or equivalent measure alternate Fat Optional Dessert Optional - limit sweets use Select foods high in fiber and low in fruit fat and sugar (1)The number of servings per meal estimates provision of one-third of the DRIs. (2) Caloric value (1,600 Kcal/day) based on a 70-year-old female, "sedentary" physical activity level using Table 3 - Estimated Caloric Requirements in Each Gender and Age Group at Three Levels of Physical Activity, from the DGA 2010. IX. Food Procurement: A. Food procurement procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines. B. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards for quality, sanitation, and safety. C. To the extent possible, providers are encouraged to participate in group food purchasing. D. A comparative cost analysis shall be performed either by the ENP Provider or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available. X. Food Storage: A. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines. B. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies. XI. Food Production: 2014-253 A. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines. B. Food production and meal service shall be under the supervision of a trained staff in food service management to ensure food service sanitation and the practice of hygienic food handling techniques are followed. This person shall function with the advice of the Provider's Registered Dietitian. C. Meals shall be served as indicated on the certified menus. In the event that a menu substitution must occur, the following procedure must be followed: 1. The Provider's Registered Dietitian must approve all menu substitutions. 2. A Menu Substitution Form must be completed and signed by the Provider's Registered Dietitian. 3. The completed Menu Substitution form shall be kept on file for DAAS review. D. Production Control: 1. Production schedules or worksheets must be available in the food preparation area. 2. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize the leftover food and prevent waste. 3. Standardized recipes shall be used to ensure consistency of quality and quantity and adherence to menu guidelines. 4. Appropriate utensils for correct and consistent portion control shall be available and used at each site. E. Meal Service/Temperature Monitoring: 1. All food for congregate sites shall be packaged and transported and held before and during serving in a manner in which it is protected from potential contamination and maintains appropriate hot and cold food temperatures. Temperatures of meals shall be monitored in the following ways, at a minimum: a. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily immediately prior to dispatch from the central kitchen. b. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service. c. The ENP Provider must have written procedures for monitoring food temperature. d. The ENP Provider must use a form to document food temperatures daily(i.e. Food Temperature Log). e. The ENP Provider shall have a staff member review the completed Food Temperature Logs at random a minimum of every other month. If problems are discovered, an action plan must be developed to resolve the issue. f. All completed Food Temperature Logs must be maintained on file for DAAS review. 2. Meals shall be served to seniors "offer versus serve" — meaning participants are to be given an opportunity to decline a menu item. Food trays shall not be served ahead of time. 3. To maintain quality in prepared foods, holding times shall be kept to a minimum. Long periods of holding hot foods at required temperatures diminishes the nutrient content and palatability of foods. 4. Holding time shall not exceed 2 hours between the end of production and the beginning of food service at the congregate site. 5. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured by a staff member directly from 2014-253 commercially filled bulk containers into the clean glass or cup from which they are to be consumed. 6. Cool water shall be offered with each meal to encourage fluid intake and lower the risk of dehydration—a risk that is higher for older adults. 7. Single service utensils and tableware shall be used one time only and then discarded. 8. Safety of the food after it has been served at the congregate site and then removed by the participant from the congregate site is the sole responsibility of the participant and may be consumed by the participant as he/she deems it appropriate. 9. The Provider shall have a sign posted in the congregate site stating, "Food removed from the congregate site is consumed at your own risk." XII. Food Service Requirements: A. The ENP Provider shall ensure that the following forms are available, completed daily, and maintained at each nutrition site for a minimum of 12 months: 1. Food Temperature Logs-separate logs shall be available for congregate meals, home delivered meals, and individual meals chilling process. 2. Cleaning Schedule 3. Equipment Temperature Log - for all dish machines, refrigerators, and freezers. 4. Production Schedule-applicable only if food is cooked at the site. 5. The current Environmental Health inspection detailed report shall be available at the site for review. 6. Staff and volunteers who are involved in any part of food service operation or clean-up except home-delivered meals drivers shall possess a current San Bernardino County-issued Food Worker Card and Certificate that shall be available for review. XIII. Program Requirements: A. Client Intake Sheets: 1. The ENP Provider will ensure that each participant completes the Client Intake Sheet form (provided by DAAS) to determine his or her level of nutritional risk. Forms shall be completed for: a. Congregate Meal Participants - at the beginning of service and then annually thereafter for clients who remain on the program. 1) Sections 1 and 3 are required for congregate meals. b. Home-Delivered Participants - at the beginning of service and then quarterly thereafter for clients who remain on the program. 1) Sections 1, 2, and 3 are required for home-delivered meals. 2. ENP Providers who are required to complete their own data entry into the SAMS System must enter the annual and quarterly Client Intake Sheets into the database in a timely manner. 3. ENP Providers who are not required to complete their own data entry must send the Client Intake Sheets to DAAS for data entry into the SAMS System. B. Outreach/Marketing Activities: 1. ENP Providers are required to provide outreach in the community through community organizations and other groups. All outreach and marketing activities shall be documented and kept on file for the annual monitoring visit conducted by DAAS. 2. ENP Providers shall develop and have handouts, brochures, and/or signs available in languages other than English and posted in locations such as 2014-253 churches, community service locations, and small stores serving the minority communities. C. Emergency Procedures: 1. ENP Providers shall have a written Emergency/Disaster Plan. 2. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas. 3. Staff must be knowledgeable of emergency procedures. 4. Where feasible and appropriate, ENP Providers shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C., Chapter 68, Section 5122 (2). Such arrangements shall be included in the Emergency/Disaster Plan. D. Donations and Confidentiality: 1. An Eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal 2. The ENP Provider shall develop a suggested contribution/donation amount. When developing this contribution/donation amount, the income ranges of the older individuals in the community and the Provider's other sources of income shall be considered. 3. A sign indicating the suggested contribution for eligible individuals and the fee for guests shall be posted near the contribution container at each congregate meal site. A guest fee shall cover all meal costs. 4. No eligible individual shall be denied participation because of failure or inability to contribute. 5. The Provider shall ensure that the amount of the eligible participant's contribution is kept confidential. 6. The ENP Provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e. Contribution/Donation Procedures). Such Procedures shall be kept on file for DAAS review. 7. All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition-related supportive services. E. "No Soliciting" Sign: 1. The ENP Provider shall ensure that a "No Soliciting" sign is posted on the door leading to the congregate nutrition site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses. F. Coordination: 1. If applicable, develop a fair and equitable policy and procedure for referring participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy available for review by DAAS. 2. Include the following statement on all advertising, brochures, poster, etc., "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging." 3. Coordinate service with other County departments and local agencies by providing time for presentations or special activities that promote a community based system of care for the participants attending nutrition sites. G. Reporting: 1. All fiscal and program data must be reported monthly (i.e. Request for Reimbursement, Rosters, Monthly Service Unit Report, etc.). All reports are due to DAAS by the 5th business day of the month following the month of service. DAAS will provide training as needed. 2014-253 2. The Provider shall maintain support files including, but not limited to, invoices, payroll, Client Intake Sheets, and any other supporting documents to substantiate monthly reports. 3. ENP Providers are required to report all known or suspected cases of elder abuse to DAAS Adult Protective Service or law enforcement immediately by telephone. A written report must be sent within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation, or other treatment resulting in physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. 4. Maintain records, by month, that support claimed in-kind expenditures. 5. Report expenditures funded with Deferred Income by September 30th of the FY in which it is being claimed. 6. Develop and have on hand for review by DAAS, a cost allocation plan which explains the methods used to allocate costs between congregate and home-delivered meals or any other program funded by DAAS. 7. In the event additional funds become available, the Provider will use the funds to increase the number of meals being provided to participants by either increasing the number of individuals attending its present sites, or by opening new sites in communities not already served by the Provider. Exceptions to this requirement must be fully documented in writing and submitted to the Director of DAAS for prior approval. 8. Other Reporting Requirements: a. SAMS (Social Assistance Management System): 1) The following reports are to be completed and submitted to DAAS by the 5th business day of the month following the month of service if the Provider is serving less than 500 clients per month: a) Client Intake Sheets for any new clients or any annual or quarterly assessments completed in the month. b) ,. Meal Rosters 2) Providers that are serving more than 500 clients shall secure the appropriate licensing, have a dedicated staff responsible for maintaining the client tracking software, obtain and maintain an Internet Service Provider and the appropriate hardware that can support the program. These Providers shall be responsible for entering the following data into SAMS by the 5th business day of the month following the month of service: Client Intake Sheets for any new clients or any annual or quarterly assessments completed in the month. ii. Rosters iii. Routes (if applicable) 9. Nutrition Education Monthly Service Unit Report a. The Nutrition Education Monthly Service Unit Report is a tool that is used to report the number of Nutrition Education service units that have been provided to participants. This report is to be completed and submitted to DAAS by the 5th business day of the month following the month of service. Copies of any handouts presented to the participants as a component of the Nutrition Education shall be attached to the Nutrition Education Monthly Service Unit Report. 2014-253 H. Disposal of Equipment: 1. If the Provider wishes to dispose of equipment purchased with Nutrition grant funding, they must submit a request, in writing, to DAAS. The request shall state the equipment description, the location of the equipment, and the reason for disposal. 2. Provider shall submit a list of equipment purchased with grant funding by location. Quarterly Meetings 1. Provider is required to attend all Quarterly Nutrition Provider meetings hosted by DAAS. 2014-253 ATTACHMENT N PAYMENTS, BUDGETS, CLOSEOUTS, AND AUDIT LANGUAGE Funds A. Expenditure of Funds 1. Contractor shall expend all funds received hereunder in accordance with this Agreement. 2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with California Department of Human Resources' rules and regulations. This is not to be construed as limiting Contractor from paying any differences in costs between the rates specified above and any rates the Contractor is obligated to pay under other contractual agreements from funds other than those provided pursuant to this Agreement. 3. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from County. 4. Contractor agrees to include these requirements in all contracts it enters into with subcontractors or vendors to provide services pursuant to this Agreement. 5. County reserves the right to refuse payment to Contractor or disallow costs for any expenditure, when determined by the County to be out of compliance with this Agreement, unrelated or inappropriate to the contract activities, when adequate supporting documentation is not presented, or where prior approval was required but was either not requested or not granted. B. Accountability for Funds 1. Contractor 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 Contractor, and shall be maintained in accordance with Generally Acceptable Accounting Principles and Procedures, and those Cost Principles established by the Office of Management and Budget. 2. Financial Management Systems Contractor shall meet the following standards for its financial management systems, as stipulated in 45 CFR Section 92.20 (governmental)or 45 CFR Section 74.21 (not for profit organizations): a) Financial Reporting b) Accounting Records c) Internal Control d) Budgetary Control Page 1 of8 ):; 2014-253 e) Allowable Costs f) Source Documentation g) Cash Management C. Unexpended Funds Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to County immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation or expiration of this Agreement or dissolution of the entity. D. Availability of funds 1. It is understood by the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur of this Agreement were executed after that determination was made. 2. This Agreement is valid and enforceable only if sufficient funds are made available to the County by the United States Government or State of California for the fiscal years appropriate for the purpose of the services described herein. 3. Funding Reduction(s) a) If funding for any County fiscal year is reduced or deleted for the purposes of this program,the County shall have the option to either: • Terminate the Agreement • Amend the agreement to reflect the reduced funding that will be available. b) In the event that County elects to offer an amendment,it shall be mutually understood by both parties that 1) County reserves the right to determine which contracts, if any under this program shall be reduced; 2) some contracts may be reduced by a greater amount than others; 3) the County shall determine in its sole discretion the amount that any or all of the contracts shall be reduced for the fiscal year. E. Program Income 1. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated. 2. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted below). Page 2 of 8 2014-253 3. Program Income must be spent before contract funds and may reduce the amount of contract funds payable to Contractor. 4. If Program Income is earned in excess of the amount reported by County in the Contractor's approved budget, the excess amount may be deferred for use in the first quarter of the following contract period, which is the last quarter of the federal fiscal year,if approved by County. 5. If Program Income is deferred for use it must be used by the last day of the federal fiscal year and reported when used. 6. Program Inconie may not be used to meet any requirements for matching contributions specified in this Agreement. 7. Program Income must be used to expand baseline services. F. One Time Only(OTO)Funds OTO funds shall be only be used for the following purposes: 1. The purchase of equipment that enhances the delivery of services to the eligible service population. 2. Home and community-based projects that are approved by County in advance. 3. Innovative pilot projects that are approved in advance by County, and are designed for the development of a comprehensive and coordinated system of care as defined in [45 CFR 1321.53(a) & (b). 4. OTO funds can be used to maintain or increase baseline services; however, it is understood by the parties that such use of OTO funds creates no expectation of service delivery beyond the current contract period. 5. Nutrition Services Incentive Program (NSIP) OTO funds shall be used only t Purchase food to be used by Contractor in Contractor's Elderly Nutrition Program. G. Matching Contributions 1. Cash and/or in-kind contributions may be counted as match if such contributions are used to meet program requirements. 2. Matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or its subcontractors. 3. Only allowable costs as established by Office of Management and Budget (OMB) cost principles may be reported as matching contributions. 4. Services of volunteers or other costs reported as "in-kind" matching contributions shall be valued at rates consistent with those of similar work or services paid by Contractor. If Contractor does not offer similar work or purchase similar services, rates shall be consistent with those in local market area. Page 3 of 8 2014-253 H. Budget and Budget Revision '' _ 1. ,Contractor shall be compensated for expenses only as itemized in the _, approved budget that is incorporated by reference into this Agreement as Attachment I. The Contractor shall not be entitled to payment for expenses related to this Agreement until the budget has been reviewed and approved by County. 2. No budget revision may result in an increase of the maximum dollar amount stated in Section V, Paragraph A. The written request must specify the line item or Service Category changes requested, and must include justification for the request changes. For the purpose of this section, a. "Service Category"shall be defined as that classification of activities defined in the Older Americans Act(OAA)that is specific to each OAA funded grant program; and b. "Service" shall be defined as the activities that are defined within a Service Category. Examples of Service Categories include Supportive Services, Congregate and Home-delivered Nutrition Services, Disease Prevention/Health Promotion Services, and Family Caregiver or Grandparent Support Services. Examples of Services include nutrition education,transportation, information assistance, senior center staffing, respite care, access assistance, and supplemental services. County shall notify the Contractor in writing of the status of the budget revision request within fourteen (14) calendar days of receipt of the Contractor's written request. The County reserves the right to deny the Contractor's invoice for expenditures in excess of the approved budgeted line item amount. 3. Contractor shall submit a budget revision to the County, in advance of expenditures when: a. Changes to line item expenditures are expected to exceed the amount of the approved budgeted line item by more than ten(10%) of the amount specified in Section V, Paragraph A. b. New budget line items are to be added. c. When the changes being requested involved the transfer of funds between Service Category. d. When the changes being requested involve the transfer of funds amount Services within a Service Category. e. When otherwise requested by County. Page 4 of8 2014-253 4. Contractor shall maintain a written record of all budget changes including line item or service category changes. This record shall be available to DAAS upon request and shall be maintained in the same manner as all other financial records. 5. The final date to submit to a budget revision is March 30th of the contract period unless otherwise specified by County. Indirect Costs 1. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost. 2. Indirect costs may include: depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers,personnel administration, and accounting 3. The maximum reimbursement amount allowable for indirect costs is eight (8) percent of Contractor's direct costs, excluding in-kind contributions and non-expendable equipment. Indirect costs exceeding the eight (8) percent maximum may be budgeted as in-kind and be used to meet the minimum matching contribution requirements. 4. Contractor agrees to include the above requirement in all contracts it enters into with subcontractors or vendors to provide services pursuant to this agreement. 5. Reimbursement for indirect costs shall be on the basis of an indirect cost rate plan documenting the methodology used to determine the indirect costs that shall be submitted by Contractor to DAAS and be approved by DAAS. J. Financial Closeout 1. Contractor shall submit a final statement of expenditures and income ("Financial Closeout") to County within thirty days of the end of contract period, unless otherwise specified by County. 2. Federal funds otherwise payable to Contractor by County shall be reduced proportionately by County to maintain the required matching contributions ratio if amount of matching contributions reported by Contractor is less than minimum required matching contribution amount specified in Section V, Paragraph.A ("Fiscal Provisions") of this Contract. Page 5 of 8 2014-253 K. Audits 1. Contractors that expend $500,000 or more in Federal awards shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502, Single Audit Act Amendments of 1996, Public Law 104-156, and Office of Management and Budget (OMB) Circular A-133, and submit a copy of such audit report to DAAS. 2. Copy of report shall be submitted to DAAS within 30 days of receipt of auditor's report by Contractor, or nine months after the end of the audit period, whichever occurs first, unless a longer period is agreed to in advance by DAAS. 3. Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report's "Schedule of Expenditures of Federal Awards" (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced herein. In addition, should contractor's SEFA totals be reported on the basis of a fiscal year period other than County's fiscal year (July 1 through June 30), a supplemental schedule shall be included that reconciles Contractor's reported expenditures to County fiscal year period. 4. For state contracts that do not have CFDA numbers, Contractor shall ensure that State-funded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number and as passed through the California Department of Aging. 5. The following closely related programs indentified by CFDA number are to be considered as an "Other Cluster" for purposes of determining major programs or whether a program specific audit may be elected. Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization's single audit as well to each of Contractor's subrecipients. 6. The Federal Grantor for the following programs is the U.S Department of Health and Human Services, Administration on Aging: 93.044 Special Programs for the Aging—Title III, Part B = Grants for Supportive Services and Senior Centers (Title III-B). 93.045 Special Programs for the Aging—Title III, Part C— Nutrition Services (Title III-C) 93.052 National Family Caregiver Support—Title III, Part E 93.053 Nutrition Services Incentive Program (NSIP) Page 6 of 8 2014-253 7. The Federal Grantor for the following program is the U.S Centers for Medicare and Medicaid Services: 93.779 State Health Insurance Assistance Program (HICAP) 93.071 MIPPA: MSP, LIS &Prescription Drug Enrollment Assistance through the Aging Network, SHIP, and ADRCs 93.626 SHIP Options Counseling for Medicare/Medicaid(FA) 8. The Federal Grantor for the following program is the Administration for Community Living grants: 93.071 MIPPA: Priority Area 2 AAAs 9. Cluster of programs means a grouping of closely-related programs that share common compliance requirements. The types of clusters of programs are research and development (R&D), student financial aid (SFA) and other clusters. "Other Clusters" are defined by the OMB in the Compliance Supplement or as designated by a State for federal awards provided to its subrecipients that meet the definition of cluster of programs. When designating an "other cluster", a State shall identify the federal awards included in the cluster and advise the subrecepients of compliance requirements applicable to the cluster, consistent with S.400 (d) (1) and S.400 (d) (2), respectively. A cluster of programs shall be considered as one program for determining major programs, as described in S.520, and with the exception of R&D as described in S.200 (c), whether a program-specific audit may be elected. (Federal Office of Management and Budget, (is Circular A-133, Audits of States, Local Governments, and Non-Profit Corporations). 10. Contractor shall perform a reconciliation of its "Financial Closeout Report"to the audited financial statements. The reconciliation shall be maintained and be made available to DAAS for review. 11. Contractor shall ensure that single audit reports for Contractor meet OMB Circular A-133 requirements, including but not limited to: a. Performed timely — not less frequently than annually and a report submitted timely. The audit is required to be submitted within 30 days after receipt of the auditor's report or nine months after the end of the audit period, whichever occurs first. b. Properly procured — use procurement standards provided for in OMB Circular A-133 and provide maximum opportunities to small and minority audit firms. c. Performed in accordance with Generally Accepted Government Auditing Standards — shall be performed by an independent auditor and be organization-wide. Page 7 of 8 2014-253 d. All inclusive — includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements; and the schedule of findings and questioned costs. e. Performed in accordance with provisions applicable to this program as identified in OMB Circular A-133 Compliance Supplement. 12. Contractor shall include in its contract with the independent auditor that the auditor will comply with all applicable requirements/standards, that the County shall have access to all audit reports and supporting work papers, and that the County shall have the option to perform additional work if needed. 13. Unless prohibited by law, the cost of audits completed in accordance with provisions of the Single Audit Act Amendments of 1996 are allowable charges to Federal awards. Contractor may not charge to Federal awards the cost of any audit under the Single Audit Act Amendments of 1996 not conducted in accordance with the Act. Contractor may not charge to Federal Awards the cost of auditing a non-federal entity which has Federal Awards expended of less than $500,000 per year, and is thereby exempted under OMB Circular A-133, Subsection_200(d). 14. Contractor shall cooperate with and participate in any additional audits which may be required by State or County. Page 8 of 8 2014-253 ATTACHMENT 0 COUNTY OF SAN BERNARDINO NUTRITION SERVICES PROGRAM BUDGET Provider:City of San Bernardino Period:07/01/14-06/30/15 ORIG X Amend CONGREGATE SITES C-1 [Xi HOME DELIVERED MEALS C-2 n Section I: Prepare this section based on annual estimated cost to serve the meals. A I b C=a+b Cost to Provider for the year Expenditure Category: Cash In-Kind Annual Expense 1 Personnel $150,571 $39,576 $190,147 2 Staff Travel&Training 3 Equipment 4 Non-Inventory Equipment 5 Consultants $15,500 $15,500 6 Catered Food 7 Raw Food $74,430 $28,000 $102,430 8 Other Expenses: a. Consumable Supplies $8,000 $2,000 $10,000 b. Insurance c. Repair&Maintenance $1,500 $1,500 d. Rent/Building Space e. Utilities $45,820 $45,820 f. Vehicle Operations $1,000 $1,000 g. Miscellaneous $3,000 $3,000 9 Indirect Cost 10 Nutrition Education Total Expenditures(add lines 1-10) $254,001 $115,396 $369,397 Revenue Sources: _ State funds $31,043 $31,043 Federal Funds $159,908 $159,908 NSIP $26,349 $26,349 State Special Nutrition Funds County funds Program Income $36,701 $36,701 Deferred Income ... �{ Matching Cash $115,396 $115,396 Matching In-Kind WV Non-Match Cash ', ,;" Non Match In Kind r �, , Total Revenue $369,397 .a $369,397 Section II: Prepare this section based on estimated number of meals that will be served multiplied by meal cost per unit. D E f=d*e Estimated annual number of meals Proposed meal cost per unit Annual Budget 32,866 $5.81 $190,951 2014-253 ATTACHMENT P COUNTY OF SAN BERNARDINO NUTRITION SERVICES Matching Funds Narrative Provider: City of San Bernardino Period:07/01/14-06/30/15 ORIG X Amend CONGREGATE SITES C-1 f5KI HOME DELIVERED MEALS C-2 n Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41 match. Line Item Rate Annual Description/Justification Amount Personnel $8.70 $39,576 Senior Volunteers are used at the 5th Street, Perris Hill, and Highland Senior Centers that help with the preparation and serving of the Senior Nutrition meal. The $8.70 rate is the wage only paid to City Kitchen Helpers (an additional 5.3% includes benefits). [40 approx. hours each month @ $8.70 = 348 x 9 employees = $3,132 x 12 months = $37,584 + Benefits = $39,576] Raw Food $28,000 In order to meet the proposed total annual meals of 47,000 meals so that no senior be detoured from receiving one daily meal, the General Fund will subsidize raw foods to the sum of$28,000.Cost of food throughout the nation will continue to rise in the near future, especially in California where drought conditions pose a threat to food crop production. Other Expenses — $2,000 In order to meet the proposed total Consumable annual meals of 47,000 meals so Supplies that no senior be detoured from receiving one daily meal, the General Fund will subsidize consumables to the sum of$2,000. Delivery costs (gas) are on the rise and will result in higher supplies costs. Utilities $45,820 The City's January-December 2012 Utilities bills for the Fifth Street Senior Center, Perris Hill Senior, Lytle Creek Center, and Hernandez 2014-253 Center were used as the benchmark for this in-kind contribution, although energy use costs continue to rise in the past two years. The electric, gas, and domestic water use bills were totaled by meal site. Two multipliers were developed for each site: one considered the amount of building square footage for the facilities amenities specifically obligated to the Senior Nutrition Program (Kitchen, Dining Room, Restrooms, Common Areas, Office, etc.) as a percentage of the total building square footage and the second was established as a percentage of time for the Program preparation, meal serving, and cleanup in comparison to each meals sites total operating time, The utilities in-kind contributions for both the Enterprise and Highland Senior Center sites were inferred from like City sites at $10,000. (This does not include in-kind match for custodial services and building maintenance.)