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HomeMy WebLinkAbout17- Park's, Recreation & Community Services CITY OF SAN BERNAP"0INO REQUEST FO" COUNCIL ACTION From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION AUTHORIZING A SENIOR NUTRITION PROGRAM CONTRACT BETWEEN THE CITY OF SAN Dept: PARKS, RECREATION & COMMUNITY SERVICES BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR BUDGET YEAR OF 1993-94. Date: JULY 12, 1993 Synopsis of Previous Council action: Nutrition contract for senior citizens executed or amended since 1977. The most recent actions is Resolution 92-259 (July 21, 1993.) Recommended motion: Adopt resolution. I !� Signature Contact person: -Inhn A Kramer Phone: 5031 Supporting data attached: Staff Report, Contract & Resolution Ward: FUNDING REQUIREMENTS: Amount: $ 25,ee@- `?� ' �—�� Source: (Acct No ) In-Kind Acct. Description) Perris Hill Senior Center & 5th Street enior Citizens ervice Cep-ter Budget Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNAr-IINO - REQUEST FQ�' COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING A SENIOR NUTRITION PROGRAM CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR THE BUDGET YEAR OF 1993-94. The Senior Nutrition Program 1993-94 contract represents a continuance of an existing program that has been ongoing since 1977 . The new contract compares to the 1992-93 contract as follows: Number of Nutrition 1992-93 1993-94 Sites 8 8 Federal Grant $139, 230 $133 ,448 Contracted Meals 92, 000 92 , 000 For the year 1993-94 , the City of San Bernardino Senior Nutrition Program will serve at the following sites: Senior Service Center Hernandez Center Lytle Creek Public Enterprise Center Nicholson Center Highland Senior Center Perris Hill Senior Center Community Hospital Adult Day Care Center (Adm/Doc Senior Nutrition Program) 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 3 DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM DEPARTMENT OF AGING AND ADULT SERVICES FOR THE 4 SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1993 THROUGH JUNE 30, 1994 . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 6 THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Director of Parks, Recreation and 8 Community Services Department of the City of San 9 Bernardino is hereby authorized and directed to submit an 10 application to accept on behalf of City a grant from San 11 Bernardino County Office on Aging for the Senior 12 Nutrition Program for the period of July 1, 1993 through 13 June 30, 1994 . 14 SECTION 2 . The authorization granted hereunder 15 shall expire and be void and of no further effect if the 16 agreement is not executed by both parties and returned to 17 the office of the City Clerk within sixty (60) days 18 following the effective date of the resolution. 19 I HEREBY CERTIFY that the foregoing resolution was 20 duly adopted by the Mayor and Common Council of the City 21 of San Bernardino at a meeting thereof, 22 held on the day of 23 1993 , by the following vote, to wit: 24 25 26 27 7/12/93 -1- 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 2 DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT 3 SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1993 THROUGH JUNE 30, 1994 . 4 COUNCIL MEMBERS AYES NAYS ABSTAIN ABS= 5 NEGRETE -- 6 CURLIN -- 7 HERNANDEZ 8 OBERHELMAN 9 VACANT 10 POPE-LUDLUM -- 11 MILLER --- -- 12 13 14 Rachel Krasney, City Clerk 15 The foregoing resolution is hereby approved this 16 day of , 1993 . 17 18 Tom Minor, Mayor City of San Bernardino 19 20 Approved as to form and legal content: 21 James F. Penman 22 City Attorney 23 By• 24 25 26 ADM/Doc Resolution Dept of Aging 7/12/93 27 AFR:jj -2- 28 FOR COUNTY USE ONLY E r• �� Vendor Code De-' Contract Number M nge SC A a � X Cancel County Department DEPARTMENT OF Dept. Orgn. Contractor's License No. AGING AND ADULT SERVICES OOA OOA County Department Contract Representative Ph. Ext. Amount of Contract MIKE DECKER DIRECTOR 387-2400 $186,624 County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number F A S SBG OOA OOA 2445 Commodity Code Estimated Payment Total by Fiscal Year STANDARD CONTRACT FY Amount I/D FY Amount 1/D Project Name 94 $186 ,624 — — NUTRITION FOR — — SENIORS — — THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO hereinafter called CONTRACTOR Address 547 N. SIERRA WAY SAN BERNARDINO CA 92401-1211 Phone Birth Date ( 909 ) 384-5231 Federal ID No.or Social security No. 95-6000772 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) THIS AGREEMENT, is entered into on the lst day of July, 1993 , by and between the County of San Bernardino acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services "DAAS" and the City of San Bernardino, direct service provider, hereinafter called " Contractor. " WHEREAS, the Older Americans Act of 1965, as amended, provides for assistance to state and local agencies to develop nutrition and social supportive services to meet the needs of the elderly; and WHEREAS, the California Department of Aging (CDA) has allocated funds to DAAS for the purpose of administering a certain portion of said funds pursuant to said act; and for the purpose of planning service programs and activities for the elderly; and WHEREAS, DAAS desires to use CDA monies to fund, and the Contractor desires to operate and execute a Nutrition Program, this contract is executed to identify the specific terms and conditions covering the funding, execution and operation of the program provided by this contract. THEREFORE, in consideration of the mutual promises and covenants contained herein, DAAS and the Contractor agree as follows : 02.123114M Aw.11191 Page_�of 20 ARTICLE I. DEFINIT NS A. "CDA PM" refers to the "Title III Program Manual for Area Agencies on Aging. " This manual is based on Federal regulations for Title III published March 31, 1980 (CFR, Chapter 8 , Subchapter C, Par 1321) . Pertinent parts of 45 CFR Sub-title A, Part 74 , published June 3 , 1980, have also been used. A copy of the manual is available for review at the Department of Aging and Adult Services, 686 East Mill Street, San Bernardino, CA 92415 during regular office hours. B. "Program Income or grant related income" refers to any income earned by a Contractor during the contract period from activities supported in part or total by Federal funds . It includes, but is not limited to, income in the form of fees for services performed during the contract period, proceeds from sale of tangible property or real property and from the sale of equipment and supplies acquired for use, usage or rental fees, interest, and patent or copyright royalties. Contributions/donations made by older persons are considered program income. C. "General Program Income" refers to meal income received in the form of contributions/donations made by the elderly for services rendered. D. "In-Rind Contributions" are property, equipment, services (e.g. volunteer services ) and supplies benefiting a Title III supported program or activity contributed by non-federal third parties without charge to the service provider (Contractor) . E. "Non-expendable Personal Property" refers to tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. F. "Elderly" refers to any individual who is 60 years of age or older. ARTICLE II. TERM OF AGREEMENT The term of this agreement will begin on the 1st day of July, 1993 and terminate on the 30th day of June, 1994. ARTICLE III. FISCAL AND PROGRAM PROVISIONS A. COMPENSATION 1. Maximum Funds Availble The maximum amount of funds available under this agreement shall be $ 186 , 624 , and shall be subject to availability of funds from CDA. 2. Schedule of Payments Contractor may be provided a payment advance equal to 10% of the Title III funded portion of the total contract amount under this agreement for start-up purposes. Contractor shall be compensated with the remainder of the Title III funds monthly. The monthly disbursement is not to exceed one-eleventh of the balance of the appropriated funds without written justification for reimbursement to exceed one-eleventh. The calculation of the monthly disbursement amount will be based on the previous Page 2 of 20 month' s expenditures as rE rted in the monthly expe a report and the cash- on-hand identified in the Monthly Request for Funds report. USDA funds will be paid at the prevailing rate for each reimbursable meal served, and reimbursed to contractor as funds become available. 3. Expenditure of Funds a. Contractor shall expend all funds received hereunder in accordance with this Agreement. b. DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS not to be in compliance with this Agreement, or inappropriate to such activities, or, for which there is inadequate supporting documentation presented or, for which prior approval is required but not granted. 4. Unexpended Funds a. Contractor will return to DAAS, immediately, upon written demand, any funds provided under this Agreement which are not payable for goods or services delivered prior to the termination, cancellation or expiration of this Agreement, or the dissolution of the entity. b. Contractor must return any unspent funds with submittal of revised fiscal/contract year-end financial closeout reports, based on independent audit. 5. Accountability for Funds Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Agreement separate from any other funds administered by the Contractor. Contractor shall maintain records in accordance with generally accepted accounting principles . B. GENERAL PROGRAM INCOME 1. Contractor is encouraged to seek contributions/donations from seniors participating in the program. The program income goal for contributions/donations should be 25% or more of the total expenditures identified in the attached Budget Display. 2. General program income will be used a) to increase the number of meals served by a project, b) to facilitate access to such meals, and c) to provide supportive services directly related to nutrition. General program income will be used within the program in which it was earned. 3- Deferred Income a. Meal income, not needed for current year expenditures, in excess of the budgeted program income amount identified in Exhibit B-1 will be identified as "deferred income. " This income will be expended in the first quarter of the next fiscal/contract year (July 1 through September 30) . In addition, this income must be identified on page 6 of the fiscal/contract year-end financial close-out report and then carried forward as a budget item in the new fiscal/contract year. Use of the deferred income must be reported in Contractor monthly expense reports as spent, within the first quarter of the new fiscal/contract year. Page 3 of 20 b. Wher :he amount of the def err ' income is determined through the audit, Contractor shall revise the a,--f erred income figure, previously reported in expense reports, by adjusting the following month' s expense report and shall submit a new budget reflecting the revision. C. Deferred income will be used for general program expenditures, a) to increase the number of meals served by a project, b) to facilitate access to such meals, and c) to provide supportive services directly related to nutrition. Deferred income will be used within the program in which it was earned. C. MATCHING CONTRIBUTIONS The Contractor will provide in-kind matching contributions of $ 14 . 826 which is the Title III portion of the contract multiplied by 11.11% . Allowable match shall be in compliance with the following CDA requirements: 1. Matching in-kind contributions must be for allowable costs as determined by CDA policy. Allowable costs include but are not limited to rent, utilities, supplies, personnel (volunteers) . 2. To qualify as a matching in-kind contribution, indirect or Contractor allocated overhead expenses must be supported by a documented cost allocation plan. 3 . Matching in-kind contributions in excess of the minimum required in one service component may' be used to match another service component within the Older Americans Act. As an example, match exceeding the minimum requirement in a transportation program may be used to offset an under match in in-home support services. 4 . Contractor will provide a Budget In-Kind Narrative statement to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of in-kind to be used as match for the period of the contract. The identified in-kind match will be reported monthly on the monthly expense reports. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. b. All other in-kind contributions shall be valued at current market value. D. AUDIT 1. Contractor will arrange for an audit to be performed as required by the Single Audit Act of 1984 , Public Law 98-502 and a copy submitted to the: Department of Aging and Adult Services 686 E. Mill Street San Bernardino, CA 92415-0640 Page 4 of 20 2 . If Contr for is a public or privat entity: a. Non-profit institution with multiple awards totaling $100,000 or more a year in federal awards , shall have an audit made in accordance with the provisions of Office of Management and Budget (OMB) Circular A-133 , Audits of Institutions of Higher Education and other Non- profit Institutions; b. Non-profit institution with multiple awards totaling at least $25,000 but less than $100,000 a year in federal awards, shall have an audit made in accordance with OMB Circular A-133 or have an audit made of each federal award, in accordance with federal laws and regulations governing each program in which they participate. 3 . Said audit must be performed in accordance with generally accepted auditing standards (GARS) and the Statements on Auditing Standards (SASs) issued and interpreted by The American Institute of Certified Public Accountants (AICPA) and The Government Auditing Standards (Yellow Book) issued by the U.S. General Accounting Office. Further, the audit must include a review of compliance to determine whether statistical data is recorded accurately and reported properly, to determine whether the program is being administered by the Contractor in compliance with the contract auditing listing of client case files, and to determine that the program revenue and expenditures are properly segregated from other programs being administered by the Contractor. 4 . To ensure that OMB Circular A-133 requirements are met, audit report shall consist of the following parts: a. A report on the financial statements, a schedule of federal awards, along with the auditor' s opinion on the financial statements; b. A report on the entity-wide internal control systems based on the auditor' s understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit) ; a report on internal controls (accounting and administrative) designed to provide reasonable assurance of compliance with laws and regulations applicable to federal assistance or federal awards, including tests of transactions (including program income and expenditures) ; C. A report on compliance with laws and regulations that may be material to financial statements; an opinion on compliance with laws and regulations applicable to each major federal program and a statement of positive assurance of those items that were tested (including program income) for compliance and negative assurance for those items not tested. These requirements may be met by the following: i. A report on compliance with general requirements applicable to federal programs drawn from the relevant OMB Compliance Supplement; ii. An opinion on compliance with specific requirements applicable to each major program (major program refers to Congregate Meals, Cl; Home Delivered Meals, C2; and Supportive Services, B) [the opinion should specify whether information contained in federal financial reports is supported by books and records and amounts claimed and used for matching meet applicable cost principle] ; Page 5 of 20 d. A re_ rt on fraud, abuse, illy it acts or indications of such acts, if necessary; e. A schedule of reportable conditions ( including material weaknesses) for internal control findings ( f dnot included n the internal questioned costs for compliance finds g control or compliance reports ; a managementrograms, separate communication of nonmaterial findings relative to federal P 5 . Contractor will select a certified the of approved auditors published by he Aud Ptor-Controlleranof from ublic the li the County of San Bernardino. Once an receiverfinal approval from upon, om DAAS Contractor will coordinate efforts to to hire. C . Contractor will include in its contract with an independent auditor a clause permitting access by the County and State to the work papers of the independent auditor. of the time and location of 7 . Contractor will notify nc sy with independent auditors, so that scheduled entrance and exit conference artici ate. appropriate DAAS and other appropriate County staff may p P 8 . The cost of audits performed pursuant to Public Law 98- 502 shall be charged to the Contractor, in accordance with Public Law 98- 502 and OMB Circular A-128 or A-133 , as appropriate. 9 . All audits shall be performed in accordance with and address all issues contained in any OMB Compliance Supplement that applies to this program. 10 . Audits to be performed shall be financial and program compliance audits. 11. Contractor will assist and comply with audit resolution requirements as required by DAAS. 12 . The Contractor agr of three e(3)u h years after final mpayment and audit of the County for a period under this Grant. of record, hired by the Contractor, shall 13. The auditor within 0 prepare and file with the County, . nde endent audits termination of related expenditures expiration of this Agreement, P during the term of this Agreement. Contractors must take appropriate action to correct instances of noncompliance with i federal laws and regulations within six months after DAAS has received and report. E. BUDGET REVISIONS The Board of Supervisors delegates the authority to the do not Director of DAAS to make budget revisions provided previouslyvBoardsapproved result in the amount of the contr act exceeding amount. Page 6 of 20 ARTICLE IV. MONITOR G, ASSESSMENT AND EVALUAZ N A. The County or any subdivision or appointee thereof and the State of California or any subdivision or appointee thereof shall have absolute right to review and audit all records, papers, documents, client files, corporate minutes and other performed items as reported, and shall have absolute right to monitor the performance of Contractor and subcontractors in the delivery of services provided under this Agreement. B. Contractor shall permit DAAS to perform periodic program and fiscal monitoring visits. Authorized DAAS, State and/or Federal representatives shall also be permitted to monitor, assess and evaluate the Contractor's performance as needed, pursuant to this Agreement. Said monitoring, assessment and evaluation may include, but is not limited to, fiscal records, audits , inspections of project premises, inspection of food preparation sites, as appropriate, and interviews with Contractors' employees and agents providing the service under this Agreement and recipients thereof . Contractor will ensure cooperation and shall attend all meetings mandated by DAAS. C. Contractor will cooperate fully in conducting any auditing, monitoring, assessment and evaluation process. This includes making any program and/or administrative staff (fiscal, etc. ) available as a part of the process. D. INSPECTIONS Contractor shall make available to DAAS, State or Federal officials, its records and data with respect to all matters covered by this Agreement for inspection and audit. Said inspection and audit may be made at any time, during normal business hours (CDA PM, Part G, Section 93 .21 N 8) . ARTICLE V. INDEMNIFICATION AND INSURANCE A. Contractor agrees to indemnify, defend and hold harmless the County and its authorized agents, officers, volunteers and employees against any and all claims or actions arising from Contractor' s acts, errors or omissions in performing services pursuant to this contract and for any costs or expenses incurred by the County on account of any claim therefor. B. In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the Contractor shall secure and maintain throughout the term of the contract the following types of insurance issued by companies acceptable to the Risk Manager with limits as shown: 1. Workers' Compensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer' s Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement. 2 . Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one-million dollars ($1,000,000) . Page 7 of 20 qW 3. Errors ; I Omissions Liability Ins -ance - Combined single limits of $1, 000,000 for b,.,.tily injury and property a-mage, or Professional Liability - Professional Liability Insurance with limits of at least $1, 000 , 000 per claim and in the aggregate. C. ADDITIONAL NAMED INSURED All policies , except for the Workers' Compensation coverage and Errors and Omissions or Professional Liability, shall contain additional endorsements naming the County employees, agents , volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage the County shall be named as a designated person referencing this Agreement' s contract number on the policy. D. WAIVER OF SUBROGATION RIGHTS Contractors shall require the carriers of the above required coverage to waive all rights of subrogation against the County, its officers, volunteers, employees, contractors and subcontractors. E. POLICIES PRIMARY AND NON-CONTRIBUTORY All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. F. PROOF OF COVERAGE Contractor shall have their insurance agent/broker immediately furnish original certificates of insurance to DAAS evidencing the insurance coverage above required prior to the commencement of performance of services hereunder and shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. These certificates shall provide that such insurance shall not be terminated or expire without thirty ( 30) days written notice to the County. Within sixty ( 60 ) days of the commencement of this Agreement the Contractor shall furnish certified copies of the policies and endorsements. G. INSURANCE REVIEW 1. The above insurance requirements are subject to periodic review by the County. The County' s Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interest of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County' s risk. Page 8 of 20 2. Any suct. :eduction or waiver for a entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty ( 30) days of receipt. ARTICLE VI. LAWSUITS Contractor understands and agrees that any/all legal fees associated with lawsuits against the Contractor, the County or State of California cannot be budgeted as a Contractor expense and shall be paid by the Contractor. ARTICLE VII CONFIDENTIALITY A. Contractor agrees to comply and require its officers, agents, employees, volunteers to comply with the provisions of Sections 15633 .5, and 10850 of the Welfare and Institutions Code. Any violation of the confidentiality required by this Chapter is a misdemeanor punishable by not more than 6 months in County jail, by a fine of $500, or by both fine and punishment. Respect for a client' s right to privacy is of the utmost importance. Written consent from the client is desirable before releasing any information about the client to other agencies. B. Contractor will take steps to ensure that no information about, or obtained from an individual, and in the possession of the Contractor, will be discussed in a form identifiable with the individual, without the individual' s informed consent. ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE A. PERFORMANCE STANDARDS AND REMEDIES If for any reason the Contractor' s service falls 5% under or increases to 25% over the contracted level during any calendar quarter, the Contractor will submit to DAAS, within 30 calendar days, an analysis of the situation and if a problem exists the actions being taken to correct the problem. If the problem persists and at the sole discretion of DAAS, DAAS and the Contractor may jointly prepare a written corrective plan with the time lines for completion. If the Contractor fails to carry out the corrective action and does not meet a 100% contract level within the required time frame, sanctions will be invoked. If , after all appropriate actions have been taken, the service level still falls to 5% under or increase to 25% over the contracted level, DAAS may in its sole discretion adjust the contracted level of service and the budget, thereby the funding, as appropriate. B. EARLY TERMINATION DAAS may terminate this contract without cause upon thirty (30) days written notice to the other party. Page 9 of 20 ARTICLE IX. COUNT. LESPONSIBILITIES The County agrees to: A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Agreement and the quality and effectiveness of services provided based on the criteria as determined by the County. B. Provide consultation and technical assistance in monitoring the terms of this Agreement. C. Approve an audit firm, selected by the Contractor, to conduct a fiscal and program audit as specified in Article III. D. Compensate Contractor for approved expenses in accordance with Article III of this Contract. ARTICLE X. CONTRACTOR RESPONSIBILITIES A. GENERAL RESPONSIBILITIES 1. Contractor must be incorporated and is responsible for advising the County of any actual or impending change in incorporation status. 2 . Contractor is to promote coordination with other supportive services. Contractor agrees to cooperate with DAAS in its efforts toward developing a comprehensive and coordinated system of services for the elderly by participating in joint planning efforts and other activities mutually agreed upon to meet this goal (CDA PM, Part H, Section 107.5) . 3. Contractor is responsible for providing orientation and training for all paid and volunteer staff. Contractor shall insure training is provided at least quarterly for all personnel. 4. Contractor shall complete a written work performance evaluation annually on all paid and volunteer staff. 5. Contractor shall insure all paid and volunteer staff read and sign a certification of understanding of the Adult Abuse Reporting Act. 6. Contractor shall provide the County with photocopies of all fire and health inspection reports and/or certificates immediately. B. SERVICES TO BE PROVIDED Provide all program services and perform all activities identified in Attachment A to this Agreement for Fiscal Year July 1, 1993 through June 30, 1994. Contractor shall, in a satisfactory manner, as determined by DAAS, conduct, administer and provide nutrition services for the elderly as defined in the attached WORK PROGRAM, Exhibit A-1 and PROGRAM BUDGET, Exhibit B and B-1 which are attached hereto and incorporated therein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this contract as those fully set forth here. Page 10 of 20 1. Contractor is to serve meals tha- are nutritious, safe, and of good quality. 2. Contractor is to promote and maintain high food safety and sanitation standards. 3. Contractor is to serve hot or other appropriate meals at least once daily, five or more days per week. 4 . Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize leftover food and prevent waste. 5. Correct and consistent portions shall be served to all participants . 6 . Appropriate food containers and utensils for blind and handicapped participants shall be available on request. 7 . All participants are to be permitted to eat a leisurely meal. 8. Meals are to be served in a courteous and friendly manner. 9 . Contractor shall consider the cultural, religious preferences and special dietary needs of elderly persons. 10. Contractor is to serve meals in an approved site. The meals are to be served in a facility where elderly persons will be welcomed and comfortable. 11. The facility is to maintain adequate lighting and ventilation. The facility is to meet all applicable health, fire, safety and sanitation regulations . 12. Contractor is to provide restrooms that are clean, adequate and well-equipped. 13. Contractor is to provide tables and chairs that are sturdy and appropriate for elderly persons. Tables are to be arranged to assure a pleasant atmosphere and to encourage socialization. 14. Contractor shall provide a sufficient number of tables surrounded by adequate aisle space ( 3 feet, 8 inches ) to allow for persons with canes, walkers, crutches, or wheelchairs to move with ease. 15. Contractor shall provide appropriate table settings. Disposable dinnerware shall be resistant to buckling, spillage, nonporous, sanitary, attractive, shall not melt, shall not bend, and shall not splinter during normal use. 16. Contractor is to provide for celebration of special occasions by participants. 17. Menus shall be approved by the County' s nutritionist and shall comply with the following requirements: Page 11 of 20 a. Menu. shall be planned for a mi mum of four weeks. b. Menus shall be posted weekly in a spot conspicuous to participants at each site, as well as in the preparation area. C. Menus shall be easy to read and in the language of the participant group. d. Food items shall be varied within the week and menu cycle. Food items shall not be repeated two days in a row or on the same days of consecutive weeks except on documented preference of the participants receiving the meals . Variety of food and preparation methods, including color, combinations, texture, size, shape, taste and appearance shall be provided. e. Menus shall reflect seasonable availability of food. f . The restricted use of carbohydrate foods, salt and saturated fats shall be considered. 18 . Contractor shall insure the program director has completed a minimum of 15 semester units of instruction in food service sanitation. 19 . Whenever two or more persons manifest the symptoms of foodborne illnesses within a similar time frame after consuming nutrition service food, Contractor shall notify the local health authorities to initiate an investigation. Contractor shall immediately notify the County within twenty-four ( 24 ) hours of such an occurrence. 20. Contractor shall provide semi-annual training or more frequently, depending on staff/volunteer/participant turnover, regarding the sources and prevention of foodborne illnesses. 21. Contractor must provide each elderly person with a free and voluntary opportunity to contribute to the cost of the service. Contractor must protect the privacy of each person with respect to his/her contribution and establish appropriate procedures to safeguard and account for all contributions. 22. Contractor must develop a suggested contribution schedule for services which considers the income ranges of elderly persons in the community. Suggested contribution schedule is to be approved by the County. 23 . Participants are to be screened to determine if a need exists for other services and referred to Senior Information and Referral Services for follow-up. 24. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. 25. Contractor shall provide a system through which seniors will have the opportunity to express and have considered their views, grievances and complaints regarding the delivery of services. The procedure must be in writing and made available to all recipients of services. Page 12 of 20 C. LICENSE ST. .DARDS Where the State or local public jurisdiction within the State requires license and/or standards to be met, for the provision of services, the Contractor will, in performing the services required under this contract, obtain all necessary licenses and/or permits and maintain such licenses and permits for the full term of the contract. If license and/or standards are required, verification of license and/or standards will also be required and will occur in conjunction with monitoring visits. D. FISCAL RESPONSIBILITY Contractor will ensure that all expenditures are supported by properly executed payroll, time records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in part to this contract. Such documents will be clearly identified and readily accessible to DAAS staff , as may be required. E. CONFLICT OF INTEREST Contractor shall make all reasonable efforts to ensure no conflict of interest exists between its officers, agents or employees. Contractor shall make all reasonable efforts to prevent employees, consultants or members of governing bodies from using their position for purposes that are, or give the appearance of, being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business or other ties. In the event the County determines a conflict of interest situation exists, any increase in costs associated with the conflict of interest may be disallowed by the County and such conflict may be grounds for termination of the agreement. F. AMENDMENTS TO CONTRACT Any contract change requires initiation of a change to the contract in writing. Modification or amendment, as determined by DAAS, shall be signed by both parties. G. GREATEST ECONOMIC OR SOCIAL NEED The Contractor understands that one of its responsibilities under this contract is to ensure that "preference will be given to providing services to older individuals with the greatest economic or social needs (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) ( 5 ) (A) (u) ( I ) (II ) . " "The term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term 'greatest social need' means the need caused by non-economic factors which include physical or mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual' s ability to perform normal daily tasks or which threatens his or her capacity to live independently. (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (B) ) . Minimum program goals relating to minorities within this contract have been established by computing the percentage of minority elderly over 60 within the geographic area served by the Contractor. Page 13 of 20 H. CONTRACTOR I: 3PENDENCE The Contractor and the agents and employees of the Contractor in the performance of this Agreement shall act in an independent capacity and not as officers, or employees or agents of DAAS, the County of San Bernardino or the State of California. I. TRAINING AND MANPOWER DEVELOPMENT The Contractor agrees to participate in appropriate staff training and development provided by DAAS, the CDA and the Administration on Aging. J. RECORDS 1. The Contractor shall, at all times during the term of this Agreement, maintain complete fiscal, program and management records (which shall include, but not be limited to, accounting records, grants, agreements, letters of agreement, insurance documentation in accordance with Article XI , Memorandums and/or Letters of Understanding and client records) of its activities and expenditures hereunder in a form satisfactory to the County and/or State and in accordance with generally accepted accounting procedures. All records pertaining to the project shall be available for review and audit by the County, State or federal government or their duly authorized agents, at any time during normal business hours. All such records must be maintained and kept available by the Contractor, (a) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by DAAS, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections B or C, or (c) for such longer period as DAAS deems necessary. 2 . If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in Section A. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and kept available until every action has been cleared to the satisfaction of the County and/or State and the Contractor is advised in writing of the resolution. 4 . Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed bl. the County under this Agreement. If the allowability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to generally accepted accounting principles, the expenditures will be questioned in the audit and may be disallowed by the County and/or State during the audit resolution process. a. Accounting Records (CDA PM, Section G, Paragraph 93 .7a) The Contractor shall provide for adequate accounting systems and procedures to control and support all fiscal activities in accordance with policies issued by the Administration on Aging and the California Department on Aging. The Contractor shall provide for those designated in the chart of Accounts as identified by the categories in the budget display. Page 14 of 20 It :L mandatory that the Cc ractor report fiscal operations to DAAS using the categories of transactions detailed in the Chart of Accounts. b. Internal Control (CDA PM, Section G, Paragraph 93 .11 through 93 .21) Effective control and accountability shall be maintained for all grant cash, real and personal property and other assets. Contractor shall adequately safeguard all assets and shall assure that they are used solely for authorized purposes. C. Budgetary Control (CDA PM, Section G, Paragraph 93.23) All budget changes within major categories, such as Salaries and Benefits, Equipment or Other Costs exceeding 10% of the approved budget, for that major category, represents a departure from the approved project plans and require DAAS' approval. Budget modification requests will be made to DAAS in the form of a written justification outlining specific shifts of funds that will be made. Note: The total amount of the change must not result in the Title III funds exceeding the contracted amount for all Title III funds . d. Allowable Costs (CDA PM, Section G, Paragraph 93 .31) OMB Circular A-122, "Cost Principles for Non-Profit Organizations" shall be used as a guide for determining allowable costs. e. Source Documentation (CDA PM, Section G, Paragraph 93.39) Accounting records shall be supported by source documentation such as cancelled checks, original invoices, time sheets and payroll records, grant and contract award documents, in-kind documentation, etc. , which are maintained to comply with record retention requirements. R. REPORTS 1. Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports data and information requested by DAAS pertaining to Contractor performance of services hereunder and other matters covered by this Agreement. 2 . Contractor shall meet the following standards for its financial management systems , as provided in the Title III Program Manual: a. Financial Reporting (CDA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of each program shall be made in accordance with the financial reporting requirements of the grant. The following reports are to be submitted to DAAS when indicated: Page 15 of 20 1) M thly (Due by 5th working y of the month. ) o Monthly Expenditure Report o Monthly Report of Cash Flow and Request for Funds 2 ) Semi-annually o Budget Revision #1 (Due November 1) o Budget Revision #2 (Due March 31) 3 ) Annually o Financial Close-out Report (Due August 10) o Periodic Inventory (Due August 10 with Closeout) o Audit Report (Due September 30) o Revised Financial Close-out Report (Due September 30 with Audit Report) b. Program Reporting 1) Monthly (Due by the 5th working day of each month) o III B Monthly Supportive Services Report o III Cl, C2 Monthly Nutrition Report 2 ) Quarterly o Program modification request in writing to DAAS. Contractor will describe, in detail, necessary program change(s) and the reason(s ) for the requested modification. 3. DAAS may require financial reports more frequently than indicated above or with more detail (or both) , upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met. L. PROPERTY MANAGEMENT 1. All equipment, materials, supplies or personal property of any kind purchased with contract funds provided herein shall be in accordance with CDA PM, Part G, Section 93.19 , and if not fully expended or consumed prior to the termination of this contract shall be the property of the CDA, unless otherwise directed by the CDA. 2. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. The Contractor shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. Page 16 of 20 3. The di, -)sal, loss and/or destr ction of property or equipment shall be fully - -ocumented by the Contrac .r with copies thereof provided to DAAS along with the monthly expense report for the month in wrich the loss occurred. 4 . Loss by fire, vandalism or theft must be immediately reported to the fire department or police, as applicable. A copy of the fire department or police report of the incident should also be forwarded to DAAS. 5 . DAAS shall be notified of the loss within seventy-two ( 72) hours of the discovery of the loss. 6 . Equipment that is worn beyond economical repair must be reported to DAAS on the monthly expense report. It shall be the responsibility of DAAS after receiving this report to instruct the Contractor as to the proper method of disposal. 7 . Once Contractor has received disposal authorization for a vehicle to be salvaged, Contractor shall ensure that all identifying lettering, signs, etc. , are removed. 8. Prior to replacement of any property, Contractor must obtain written authorization from DAAS. 9 . Any equipment purchased with contract funds will be subject to inspection, over the life of the equipment, and if not used, under-used or misused, may be claimed by DAAS for redistribution to other DAAS projects. 10. Vehicles purchased with contract funds shall also have the following language painted or affixed by other means on the vehicle: "Vehicle purchased with Older Americans Act Funds. " M. Contractor shall notify the County, in writing, of any change in mailing address and/or physical location within ( 10 ) days of the address change. N. Contractor shall comply with all applicable local health and safety codes, including fire clearances, for each site where program services are provided under the terms of this contract. ARTICLE XI. GENERAL PROVISIONS A. This Agreement has no force or effect until signed by both parties. B. County shall have Power of Attorney to pay delinquent debts and unpaid wages incurred by Contractor, from appropriated funds under this contract, in the event debts and wages have not been paid or are not current. C. Federal, State and County shall have a royalty-free, non-exclusive and irrevocable license to publish, copy, translate, or use new and hereafter, all materials, data, films, papers, etc. , developed under the terms of this Agreement, including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. The County and the State shall retain ownership and have access to any reports, preliminary findings, or data assembled by the Contractor under this Agreement. Page 17 of 20 D. Contractor nderstands and agrees t t the contract shall be governed and construes. in accordance with the -lder Americans Act of 1965 as amended and with California State and Federal laws. E. The Contractor agrees to fully comply with the laws and programs ( including regulations issued pursuant thereto) which are listed following this paragraph and/or referenced in other sections of this contract. Such compliance is required to the extent that such laws, programs and their regulations are by their own terms, applicable to this contract. Contractor warrants that he/she will make himself/herself thoroughly familiar with the applicable provisions of said laws, programs and regulations prior to commencing performance of the contract. DAAS will provide assistance to Contractor in obtaining copies of said laws, programs and regulations upon request. To the extent applicable the provisions of said laws, programs and regulations are deemed to be a part of this contract as if fully set forth herein. 1. The San Bernardino County Affirmative Action Compliance Program, Policy 11-15, Minority Business Enterprise (MBE) 15% and Women Business Enterprise (WBE) 5% . 2 . Vietnam Era Veterans ' Readjustment Assistance Acts of 1972 and 1974 , as amended. Pub. L. 92-540, Title V, Section 503 (a) , Pub. L-93-508, Title IV, as amended, Section 402. ( 38 USCA 2021-2027) . 3. Rehabilitation Act of 1973, as amended (handicapped) Pub. L. 93-112, as amended. 4 . California Fair Employment and Housing Act, Government Code Section 12900 et. seq. 5 . Civil Rights Act of 1964, as amended in 1991 ( 42 USCA 2000a to 2000h6 ) and Executive Order 11375 and as supplemented in Department of Labor regulations ( 41 CFR, Part 60 ) . (See Exhibit C. ) 6 . Drug-Free Workplace Act of 1990. 7 . Title III Program Manual For Area Agencies on Aging 8. Grants in Excess of $100,000. Clean Air Act as amended ( 42 USCA 7401) ; Clean Water Act as amended ( 33 1368) ; Federal Water Pollution Control Act as amended ( 33 USCA 1251, et. seq. ) ; and Environmental Protection Agency Regulations ( 40 CFR Part 15 and Executive Order 11738 ) . 9 . Contractors Participating in Facility Construction or Repair Davis-Bacon Act (40 USCA 276a-7 ) (29 CFR, Part 5) ; Copeland "Anti-Kickback" Act (18 USCA 874, 40 USCA 276a) (29 CFR, Part 3) ; Grant Work Hours and Safety Standards Act (40 USCA 327-330) (29 CFR, Part 5) ; and Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor Regulations ( 41, CFR Part 60) . Page 18 of 20 10. Provisio- - Against Lobbying The following statutory provision (part of Sec. 407 of Pmb. L. 95-480, 92 Stat. 1589 ) has applied to all Health and Human Services (HHS) appropriations beginning with those for Fiscal Year 1979 and is likely to continue to apply to any future appropriations. "No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract or contract recipient or agent acting for such recipient to engage in any activity designed to influence legislation or appropriation pending before the Congress." This means that the cost of attempting to influence legislation pending before Congress may not be charged either a direct or indirect costs to any HHS grant awarded from funds subject to the provision. Attempting to influence legislation is commonly called lobbying. This notice concerns only the charging of certain costs to Older Americans Act grants (OAA) including the matching share. Nothing in this notice is intended in any way to inhibit or discourage any part from exercising its lawful rights to attempt to influence legislation pending before Congress as long as the costs are not charged to an OAA grant. 11. The Americans With Disabilities Act of 1990. (42 USC 12101. ) The purpose of the Act is to support individuals with disabilities to access employment and various services in both the public and private sectors. The Act establishes civil rights for individuals with disabilities. 12. Elder and Dependent Adult Abuse Reporting Requirement Contractor will ensure that all known or suspected instances of elder or dependent adult abuse are reported to DAAS Adult Protection Services Staff. All DAAS Contractors are required to report known or suspected abuse or neglect under Chapter 11 of the Welfare and Institutions Code, Section 15630 which provides for mandatory reporting of abuse of elderly and dependent adults. "Abuse of an elder or a dependent adult" means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. Reporters shall report the instance of abuse either to the long- term care ombudsman coordinator or local law enforcement when the abuse is alleged to have occurred in a longterm care facility, or to either the County Adult Protective Services agency or to local law enforcement in all other instances, immediately or as soon as possible by telephone, and shall send a written report within two (2 ) working days. F. Disaster Preparedness In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in the event of disaster, Contractor will maintain accurate lists of all clients who are receiving home-delivered meals and/or other services due to impairments which render them at risk of serious injury or death. Contractor will coordinate and report disaster services and issues with DAAS. Page 19 of 20 G. Publications Any books, :ports, pamphlets, paperE -)r articles, including newspaper reports, based on activities funded by this contract, must contain an acknowledgement of funding by the San Bernardino County DAAS. The following language should be used: "These services are due, in part or in whole, to funds provided by the Department of Aging and Adult Services through the Older Americans Act, as amended." H. Copyrights If the contract results in a book or other copyrightable material( s ) , the author is free to copyright the work, but DAAS reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material which can be copyrighted resulting from the contact. I. Unauthorized Activities All activities not expressly authorized by this agreement shall be prohibited without the express written permission of the DAAS Director or his authorized agent. J. Binding Contract In the event any portion of this contract is found to be invalid, the remaining portions shall continue to constitute a valid and binding contract. R. Religious Activity Prohibited Contractor agrees it will not perform or permit any religious proselytizing activities in connection with the performance of this Agreement. L. Entire Agreement This Agreement consisting of 20 pages, Attachments consisting of pages and Exhibits A-1. B through B-1 inclusive, is the full and complete document describing services to be provided by the Contractor to County. There are no other or further written or oral understandings or agreements with respect to this Agreement. No variation or modification of this Agreement and no waivers of its provisions shall be valid unless in writing and signed by all parties . COUNTY OF SAN BERNARDINO ► CITY OF SAN BERNARDINO Chairman, Board of Supervisors (State if corporation, company, etc.) Dated By ► (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS Dated DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San Bernardino. Address 547 N. SIERRA WAY By SAN BERNARDINO, CA 92401-1211 Deputy Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing County Counsel Agency Administrator/CAO Date I Date Date ,,, ,, _nnna... ,,.o, Page 20 of 20 V _ a , � ■ � ' : s - � ■ � - © o § o ■ < ESE KKo §09 ® ° � ■ % © � � i $ � � ■ � 04 I WH� s : e g ■ � � ■ � � � & 1 C.. Ln Ln Ln Ln Ln Ln o C � Cj Cj � Cj � 1 � § C $ � I . a & } o � c D Ln CO ® ■ ■ E ■ o Ce) s $ § � o � s § 2 C14 2G % � to ° ® r- _ § ■ - ■ � OD C) S c . r- D � a § § cn � n ■ ■ � � $ $ & § � � � � ■ � 00 ° � $ ° $ z � ID 111 © s � ■ � t D ' ® § I � � . _ s■ 'k • � ' � � � � � _ � � t � x z ■ a _ $■ � . . _ . . . . . . « z .z .: a . • ■ ■ e , ■ � a CITY OF SAN BERNARDINO EXHIBIT "B" BUDGET SUMMARY FY 1993-94 FY 1993-94 FUNDING Expenditures: $186 ,624 Revenues: Title III, Older Americans Act C-1 $133, 448 C-2 -0- $133, 448 U.S. Department of Agriculture C-1 $ 53 ,176 C-2 -0- $ 53, 176 TOTAL REVENUES $186 ,624 �,i�chibit B1nn[[3 yy /� , I ID C1 XX �/� b� rt > INITIAL BUDGET ::• - - - .,,`.. " <''a w > ii'4 a , r tY• < ITT Y >mm:,..C11 N /i^'M• % x... (� C� EVISED BUDC,ET W. Expenditure Category Less Malcn ash Match In-Kind Tt-. l 1. SALARIES AND WAGES 120,914 2. PAYROLL TAXES 17 3. FRINGE BENEFITS , 112 4. CONFERENCE/TRAINING S. LOCAL STAFF TRAVEL 1,200 1,200 6. EQUIPMENT - EXPENDABLE 1,898 1,898 7. EQUIPMENT - NON EXPENDABLE 8. RAW FOOD * 92,000x1.3913 128,000 4,200 132.200 9. CATERED FOOD* 10 ACCOUNTING/AUDITS 2,000 2,000 11 ADVERTISING 12 COUNSULTANTS/OUTSIDE SERVICES 13 CONSUMABLE SUPPLIES 11,500 11,500 14 EQUIPMENT RENTAL 15 INSURANCE 16 LEGAL SERVICES 17 LINENS 3,500 3,500 18 MEMBERSHIP&SUBSCRIPTIONS 19 OTHER SUPPLIES 600 600 0 PRINTING 21 PURCHASING 1,500 1,500 22 REPAIRS & MAINTENANCE SPACE 2,000 3,000 5,000 23 REPAIRS 3 MAINTENANCE OTHER 3,000 3,000 24 RENT/BUILDING SPACE 49,000 49,000 25 TAXES a LICENSES 1,800 1,800 26 TELEPHONE 27 UTILITIES 22,000 22.000 VEHICLE OPERATIONS 7,000 29 VOLUNTEER EXPENSE 2,000 30 TOTAL EXPENDITURE 306,224 86,345 .392,569 FUNDING SOURCES LESS: PROJECT INCOME92,000xl.30 119,600 NON-MATCH USpA92,000x.578 53, 176 LESS: NON-MATCH OTHER FEDERAL SHARE 133,448 86,345 219,793 Provider Name City of San Bernardino Contract # 92-855 SAN BERNARDINO COUNTY ooA Form 312 June 3, 1993 R.v1wW 07/1 SM Date of Submission