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HomeMy WebLinkAbout34-Parks and Rec ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution authorizing the City Manager to execute Amendment No. 2 to Dept: Parks, Recreation and Contract 07-481 A-2 with the County of San Community Services Dept. Bernardino Department of Aging and Adult Services (DAAS) and accepting the proposal Date: May 16, 2008 amount of$253,008 for the period of July 1, 2008 through June 30, 2009 for the Senior Nutrition Program. M/CC Meeting Date: June 2, 2008 Synopsis of Previous Council Action: May 27, 2008—Grants Committee recommended for approval. April 21, 2008—Mayor and Council adopted Resolution 2008-130 authorizing the Department to accept one-time-only funds for needed equipment. June 4, 2007 — Mayor and Council adopted Resolution 2007-180 authorizing the Department to apply for and administer the grant from San Bernardino County Department of Aging and Adult Services for the administration of the Senior Nutrition Program. Recommended Motion: Adopt Resolution. Sigi ature Contact person: Jan Wages Phone: 384-5231 Supporting g da to attached: staff report.r_co f'ontra .t&am .ndm nt Ward: All Ward FUNDING REQUIREMENTS: Amount: $253.008 grant funding: $21,972 in-kind contribution. Source: (Acct_ No) 12.1-513-xxxx (Acct Description) Federal & State Proqrams Fund Finance: Council Notes: =s o 200 e Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 2 to Contract 07-481 A-2 with the County of San Bernardino Department of Aging and Adult Services (DAAS) and accepting the proposal amount of$253,008 for the period of July 1, 2008 through June 30,2009 for the Senior Nutrition Program. Background: The Senior Nutrition Program Contract Amendment No. 2 is an agreement between the City and the County of San Bernardino(DAAS)for the provision of senior nutrition services for FY 2008/2009. The current agreement with the County for the City's Senior Nutrition grant is comprised of contract cycles covering three fiscal years (2007/08, 2008/09 and 2009/10). Overall participation numbers for FY 2007/08 are estimated at approximately 56,060, an increase of 3,428 (6.5%) over the participation numbers recorded during FY 2006/2007(52,63 1). The City Parks, Recreation and Community Services Department Senior Nutrition Program currently contracts with Med-Asset, which in turn contracts with many food suppliers to assist us in delivering quality foods at a discounted price for our senior population. Annual purchase orders for Sysco Food, Merit Day and Ross Swiss were prepared for the initial program year covering the period of July 1, 2007 to June 30, 2008; similar purchase orders will be required for FY 2008/2009, as well as FY 2009/2010. Having these annual purchase orders in place will assist the Senior Nutrition Program in the ongoing delivery of quality nutrition services to our senior population. I The Senior Nutrition Program serves lunches at seven meal sites (5`" Street Senior Center, Perris Hill Senior Center,New Hope Family Life Center, Hernandez Community Center, Lytle Creek Community Center, Lighthouse for the Blind and Highland Senior Center) and one early dinner meal site(5" Street Senior Center), where early dinners are currently served two days per week. At mid-year, the grant program costs will be reviewed; at that time it may be necessary to request a budget amendment from the County to reallocate the amount of funds budgeted in the food line item. Some of the funds from this contract will be used for outreach and marketing endeavors to the City's senior P o P ulation. At the Grants Committee meeting on May 27, 2008, the Committee members shared concerns that had been relayed to them by their constituents relative to the quality of food served in the Senior Nutrition Program. The Committee requested that staff bring back a report to the Committee on how program staff proposes to improve the quality of food served in the program. Financial Impact: There is no General Fund cash match required; in-kind contribution is$21,972 for FY 08/09. Anticipated meal revenue from lunches and dinners is estimated at between $38,000 and$40,000 for FY 08/09. Recommendation: Adopt Resolution. COPY RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 3 AMENDMENT NO. 2 TO CONTRACT 07-481 A-2 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES (DAAS), 4 ACCEPTING THE PROPOSAL AMOUNT OF $253,008 FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2009 FOR THE SENIOR NUTRITION PROGRAM. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is hereby authorized to execute Amendment 2 to 8 Contract 07-481 A-2 with the County of San Bernardino Department of Aging and Adult 9 10 Services for the provision of Senior Nutrition Program services for the period of July 1, 2008 11 through June 30, 2009, a copy of which is attached hereto, marked Exhibit "A" and 12 incorporated herein by reference as fully as though set forth at length; and 13 SECTION 2. That the authorization granted hereunder shall expire and be void and of 14 no further effect if Amendment No. 2 to Contract 07-481 A-2 is not executed by both parties 15 and returned to the Office of the City Clerk within 120 days following effective date of the 16 Resolution. 17 18 19 20 21 22 23 24 25 10 26 HI 27 28 �0 - 3q RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE 1 AMENDMENT NO. 2 TO CONTRACT 07-481 A-2 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES (DAAS), 2 ACCEPTING THE PROPOSAL AMOUNT OF $253,008 FOR THE PERIOD OF JULY 3 1, 2008 THROUGH JUNE 30, 2009 FOR THE SENIOR NUTRITION PROGRAM. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of , 2008, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 BAXTER 10 11 BRINKER 12 DERRY _ 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 Rachel G. Clark, City Clerk 18 19 The foregoing resolution is hereby approved this day of , 2008. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 A roved as to Form: 24 An,- es F. Penman, City Attorney 25 26 27 28 w FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number [OUN)y� BERNARDINO X Change CITYOFS772 OOA 07-481 A-2 Cancel County Department Dept. Orgn. Contractor's License No. Aging and Adult Services OOA NUT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Christy Hamilton 386-8145 $523,188 F A S _ Contract Type Revenue ® Encumbered ❑ Unencumbered ❑ 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, 2007 June 30, 2009 $259,129 $253,008 Fund De t. Or anizatiOn Appr. Ob/Rev Source GRC/PROJ/JOB No. Amount AAF OOA OOA 200 2445 220 $197,767 AAF OOA OOA 200 2445 240 $30,480 AAF OOA OOA 200 2445 260 $24,112 AAF OOA OOA 200 2445 280 $649 Project Name Estimated Payment Total by Fiscal Year Nutrition for Seniors FY Amount I/D FY Amount I/D 08/09 $253,008 1 THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, Department of Aging and Adult Services, hereinafter called the County, and Name City of San Bernardino hereinafter called Contractor _ Address 600 West 5th Street San Bernardino, CA 92410 (909) 384-5430 Federal ID No.or Social Security No. AMENDMENT NO. 2 It is hereby agreed to amend Contract No. 07-481 as follows: III. Contractor General Responsibilities Paragraph N. amended to read as follows: N. Information Integrity and Security 1. Information Assets The Contractor shall have in place operational policies, procedures, and practices to protect State information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual, Section 4841.2., GC Page 1 of 9 Section 11019, Department of Finance (DOF) Management Memo 06-12, and DOF Budget Letter 06-34. Information assets include (but are not limited to): • Information collected and/or accessed in the administration of the State programs and services. • Information stored in any media form, paper or electronic. 2. Encryption on Portable Computing Devices The Contractor is required to encrypt (or use an equally effective measure), any data collected under this agreement that is confidential, sensitive, and/or personal including data stored on portable computing devices (including but not limited to, laptops, personal digital assistants.. and notebook computers) and/or portable electronic storage media (including but not limited to, discs and thumb/flash drives, portable hard drives). 3. Disclosure a. The Contractor shall ensure that personal, sensitive and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies. b. The Contractor shall protect from unauthorized disclosure names and other z identifying information, concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant. C. "Identifying information" shall include, but not be limited to, name, identifying number, social security number, state driver's license or state identification number, financial account numbers, symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph. d. The Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this agreement. e. The Contractor shall not, except as otherwise specifically authorized or required by this agreement or court order, any identifying information obtained under the terms of this agreement to anyone other than DAAS and/or CDA without prior written authorization from DAAS or CDA, except by court order. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant. f. The Contractor may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant. 4. Training/Education Page 2 of 9 a. The Contractor must provide ongoing education and training, at least annually, to all employees and .subcontractors who handle personal. sensitive or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at www.aginp-,.ca.gov within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee, subcontractor or volunteer. The Contractor must maintain certificates of completion on file and provide them to DAAS upon request. Training may be provided on an individual basis or in groups. A sign-in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available, a hardcopy of the training module may be provided to employees and/or volunteers for their completion. b. Contractor may substitute CDA's Security Awareness Training program with its own Security Training provided such training meets or exceeds CDA's training requirement. ContractorsNendors shall maintain documentation of training and education provided to their staff, volunteers, and/or subcontractors. C. All employees and volunteers who handle personal, sensitive or confidential information relating to CDA's programs must participate in Security Awareness Training. 5. Health Insurance Portability and Accountability Act (HIPAA) The Contractor agrees to comply with the privacy and security requirements of the HIPAA to the extent applicable and to take all reasonable efforts to implement HIPAA requirements. Contractor will make reasonable efforts to ensure that subcontractors comply with the privacy and security requirements of HIPAA. 6. Contractor Confidentiality Statement The Contractor shall sign and return a ContractorNendor Confidentiality Statement CDA 1024 form with this Agreement. This is to ensure that ContractorNendors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure. 7. Security Incident Reporting A security incident occurs when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization, or are lost, or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS within five (5) business days of the date the incident was detected. 8. Notification of Security Breach to Data Subjects a. Notice must be given by the Contractor or subcontractor to any data subject whose personal information could have been breached. b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary measures to restore system integrity are required. Page 3 of 9 C. Notice may be provided in writing, electronically, or by substitute notice in accordance with State law, regulation, or policy. 9. Software Maintenance The Contractor shall apply security patches and upgrades and keep virus software up- to-date on all systems on which data collected under this agreement that is confidential, sensitive and/or personal may be used. 10. Provisions of this Article The provisions contained in this Article shall be included in all contracts of both the contractor and its subcontractors. Paragraph S amended to read as follows: S. Contractor agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification — The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification AoftL is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 2. Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. 3. Waiver of Subrogation Rights —The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. 4. Policies Primary and Non-Contributory — All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. 5. Severability of Interests — The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Page 4 of 9 Contractor and the County or between the County and any other insured or additional insured under the policy. 6. Proof of Coverage — The Contractor shall- furnish Certificates of Insurance to the .� County Department administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of se rvices hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. 7. Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A-VII". 8. Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. 9. Failure to Procure Coverage — In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. 10. Insurance Review — Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee 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. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. 11. The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services. Page 5 of 9 Without in anyway affecting the indemnity herein provided and in addition thereto. the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown: a. Workers' Compensation/Employers Liability — 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 including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract. Contractor has no employees, it may certify or warrant to the County that is does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. b. Commercial/General Liability Insurance — The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: 1. Premises operations and mobile equipment. 2. Products and completed operations. 3. Broad form property damage (including completed operations). 4. Explosion, collapse and underground hazards. 5. Personal injury 6. Contractual liability. 7. $2,000,000 general aggregate limit. C. Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. d. Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown' provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Page 6 of 9 If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date of the start of the contract work. The claims made insurance. shall be maintained or "tail" coverage provided for a minimum of five (5) years after contract completion. V. Fiscal Provisions Paragraph A to read as amended: A. The maximum amount of funds available under this contract shall not exceed $523,188, of which $426,462 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem and is broken out as follows: Original Contract Amount $259,129 July 1, 2007 through June 30, 2008 Amendment No. 1 $11,051 July 1, 2007 through June 30, 2008 To be used for the purchase of the following items: Ice Maker Refrigerator Steamer Table Amendment No. 2 $253,008 July 1, 2008 through June 30, 2009 Paragraph T to read as amended: T. Matching Contributions The Contractor shall provide in-kind matching contributions of a minimum of $41,276 ($19,304 for FY 2007/08 and $21,972 for FY 2008/09), which is the Title III portion of the Contract multiplied by 11.11%. Allowable match shall be in compliance with the following requirements: 1. Matching in-kind contributions must be for allowable costs as determined by CDA PM. Allowable costs include but are not limited to rent, utilities, supplies, and personnel (volunteer). 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 supportive services. 4. Contractor shall provide a revised Budget In-Kind Narrative statement (Attachment B-2) 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 shall be reported monthly on the monthly expense reports. Page 7 of 9 a) Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor low 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. Paragraph U, Item 1, sub item a to be added as follows: a) Contractor shall submit revised FY 2008-09 budget no later than August 1, 2008. Attachment A— Scope of Work, Fiscal Year 2008-2009 is added to this Contract. Page 8 of 9 All other terms and conditions of this Contract remain in full effect. COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation,company, contractor, etc.) ► By ► Paul Biane, Chairman, Board of Supervisors (Authorized signature-sign in blue ink) Dated Name Fred Wilson (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 THE BOARD (Print or Type) Dena M. Smith Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 600 West 5th Street Deputy San Bernardino, CA 92410 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► IN- Jacqueline Carey-Wilson, Deputy County Counsel Lori Ciabattini, HS Contracts Unit Colleen Krygier, Director Date Date Date Auditor/Controller-Recorder Use Only ❑Contract Database ❑FAS Input Date Keyed By Page 9 of 9 .■ Attachment A WORK PLAN/SCOPE OF WORK FY 2008-2009 This work plan/scope of work contains the measurable objectives mandated by DAAS of the Nutrition Contractor. The work plan specifies and establishes time frames either on an annual basis or where required by State regulations on a quarterly basis. The work plan constitutes the primary document for on-going monitoring and Annual Program Performance Review/Fiscal Audit, and will be used to measure the Contractor's efforts towards providing quality nutrition services. Contractor: City of San Bernardino Region: East Valley Area I. Program Description A. Purpose/Definition of the Program Purpose The purpose of the Elderly Nutrition Program 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. 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. B. Target Population The Nutrition Provider shall target individuals who are sixty (60) years old or older, minorities, low income and livinn in n iml nnnnc of the rni,ntt, of camn Bernardino. C. Eligibility for Nutrit 0 4E� 1. Congregate congregate r a. Any c b. The C. A person with disability, under the age of sixty (60) who resides in a housing facility occupied primarily by older individuals at which congregate nutrition services are provided. d. A disabled individual who resides at home and accompanies an older individual who participates in the program. 2. Home Delivered Meals (C-2): Individuals eligible to receive a home- delivered meal are: a. Any older individual who is frail, as defined in Title 22 Section 7119, and homebound by reason of illness, disability, or isolation. b. A spouse of an individual described in Section I, Paragraph C, Item 2a, regardless of age or condition, if an assessment concludes that is in the best interest of the homebound older individual. C. 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. d. Priority shall be given to older individuals. 3. The Nutrition Contractor who is providing home delivered meals shall: a. Maintain a waiting list. b. Develop a written Policy and Procedure for the implementation of the program that includes the manner in which clients will be prioritized. C. Follow the above eligibility criteria listed in Section I, Paragraph C, Item 2. If the C-2 provider chooses to add or subtract additional requirements, the criteria shall be approved by DAAS prior to implementation. d. Have a designated staff member that completes the initial and quarterly re-assessments. e. Screen the clients for eligibility by phone and in home visits within two weeks of the beginning of the meal service. f. Maintain appropriate documentation on each client. Documentation shall be kept on file and monitored by DAAS. g. Provide an emergency home delivered meal for a minimum of five (5) working days until the assessment can be completed. Page 2 of 15 D. Service Area The geographic area served by this contractor covers the city of San Bernardino and surrounding areas. II. Program Outcomes A. Total Number of Meals to be Served: 52.535 Program # of days Number of Meals C-1 255 52,535 A minimum of 95% of the total number of meals is to be provided. The Director of DAAS must approve provision of less than 95% of the total number of meals to be provided. All such requests must be in writing. B. Sites to be served: C-1 Sites 5th St. Senior Center Perris Hill Senior Center Hernandez Community Center Lytle Creek Community Center New Hope Family Life Center Highland Senior Center Light House for the Blind III. Staffing A. Manager or Director 1. The Contractor shall have a manager or staff who conducts the day-to- day management and administrative functions on the program and has one of the following: 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. 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 meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a Registered Dietitian. C. Two years experience managing food services. Such experience shall be verified and approved by a Registered Dietitian prior to hire. Page 3 of 15 2. The Contractor shall maintain documentation on file of the qualifications of the Program Manager or staff. 3. If the Contractor has more than one site, the Manager/Director shall monitor the sites on a regular basis. The bi-monthly visit should not only monitor the food service practices of the employees, but also the implementation of the program requirements at the site level. Documentation of each visit shall be maintained on file for DAAS review. B. Food Service Personnel 1. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the Program. 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 employees shall be maintained. 4. Contractor shall complete a written work performance evaluation on all paid and volunteer employees. C. Volunteers 1. Volunteers shall be recruited and used in any phase of the program operation where qualified. 2. Volunteers shall be screened and selected through a formal process that assesses their capabilities. 3. Volunteers shall receive the same training as paid staff. 4. Volunteers that will be handling food must be in possession of a current Food Handlers Card issued by the local community colleges. 5. 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. 6. The Contractor 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. Page 4 of 15 ,,. D. Registered Dietitian 1. Each Senior Nutrition 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, and Section 7500. 2. The Registered Dietitian will provide the following activities to meet the mandated requirements: a. At a minimum, quarterly monitor for safe food handling and sanitation practices of food facilities. b. Review and approve the content of staff training prior to presentation. C. Develop, or review and approve the monthly or cycle menus. d. Develop, or review and approve the nutrition education plan for participants. e. Provide the nutrition education to seniors or staff training if the Provider and Registered Dietitian determine that is the best choice. f. Provide technical support and assistance as needed. IV. Staff Training Activities A. A yearly written plan for staff in-service shall be developed in collaboration with the Contract Registered Dietitian. B. The Contract Registered Dietitian shall review and approve the content of the plan prior to presentation. C. The 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 written plan must be sent to DAAS by September 3, 2008. E. All Paid staff and volunteers shall be provided annually a minimum of four (4) hours of training. F. Paid staff and volunteers attending the training shall be provided the opportunity to evaluate the training session. G. The provider shall maintain on file documentation of each training session. Documentation includes, but is not limited to, sign-in-sheets, agendas, handouts and completed evaluations. Page 5 of 15 H. New paid staff or volunteers shall be oriented and trained to perform their assigned responsibilities and tasks. Training shall include: 1. Food safety, prevention and food-borne illness. and HACCP principles. 2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures. 3. All staff shall be trained on the Elder Abuse Law and reporting procedures. V. Senior Participants A. Satisfaction Survey The provider shall conduct a client satisfaction survey at least once a year. The survey instrument must be approved by DAAS prior to its use, and all findings from the surveys must be used to improve services. The completed surveys and the tabulated results must be kept on file. A copy of the tabulated results must be received by DAAS by March 3, 2009. B. Complaint Procedure 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 Contractor shall have an assessment tool readily accessible for the seniors attending the congregate site or receiving a home delivered meal. C. Nutrition Education for Seniors 1. The provider shall provide one nutrition education presentation quarterly, including appropriate handouts that have been approved by the Contract Registered Dietitian. 2. The provider in conjunction with the Contract Registered Dietitian shall conduct a needs assessment of the seniors attending the congregate site and/or seniors receiving a home delivered meal. 3. Results of the needs assessment will provide information for the development of the Nutrition Education Plan for seniors. 4. The Nutrition Education Plan for seniors is due to DAAS September 3, 2008. Page 6 of 15 5. Nutrition Education Units of Service: Nutrition Education Units of Service # of sites C-1 Allocation for FY 2008109 7 1,500 $649 VI. Menu Planning Guidelines/Menu Requirements A. A minimum of a 3 month cycle shall be planned. 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. The menu cycle shall be approved by the Contract Registered Dietitian and upon approval forwarded to the DAAS Nutritionist for certification 45 days prior to the menu start date. Allow thirty (30) days for the menu certification process. Menus will be returned to the Contractor at least fifteen (15) days prior to the menu start date. Contractor is required have menus certified prior to the implementation date. All signatures on the menu shall be original signatures. E. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site. F. Copies of the menus shall be made available to the participants. G. When planning the menus, the California Daily Food Guide and the Dietary Guidelines for Americans are to be considered. Menu shall conform to the following criteria: 1. Provide an average of 600-800 calories per meal. 2. Limit fat to no more than 25-30 % of the calories averaged for the week. 3. Use salt sparingly. if at all, in cooking. 4. Include good sources of dietary fiber at least 4 times a week. 5. Food items shall not be repeated two days in a row or the same days of consecutive weeks. 6. Include a variety of foods and preparation methods with consideration to color, combinations, texture, size, shape, taste and appearance. Page 7 of 15 to- . H. The meal shall consist of the following: 1. Three (3) ounces of cooked edible portion of meat, fish, poultry, eggs, cheese, or the protein equivalent daily. 2. Two (2) one-half (1/2) cup servings, drained weight or volume, of different vegetables or fruits or their juices. 3. One serving of whole grain or enriched bread, or bread alternatives. 4. Eight (8) ounces of fortified-fat free milk, low-fat milk or buttermilk. 5. One-half (1/2) cup serving of a dessert. 6. Each meal shall provide a food containing a minimum of 30 milligrams of Vitamin C. 7. The weekly menu shall contain food(s) containing a minimum of 300 micrograms of Vitamin A at least three times per week for a five (5) days per week menu or four (4) times per week for a seven (7) days per week menu. I. Menu/Meal Analysis 1. A meal analysis conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Section 7638.5. 2. Menu cycle shall be analyzed on a regular basis and documentation maintained for DAAS review. VII. 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 which 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 provider or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available. VI11. Food Storage A. Food storage procedures shall comply with Title 22, CRFC standards and HACCP best practices guidelines. Page 8 of 15 r > 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. IX. Food Production 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 Contract Registered Dietitian. C. Meals shall be served as indicated on the certified menus. 1. The Contract Registered Dietitian must approve all menu substitutions. 2. A menu substitution form must be completed and signed by the Contract 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 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 in a manner which protects it from potential contamination and maintains appropriate hot and cold food temperatures. 2. Meal 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. Temperature Checks: Page 9 of 15 a. Congregate food temperature shall be taken daily prior to delivery, upon arrival and prior to service at the satellite congregate site. b. All hot, cold and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and immediately before meal service. C. The provider must have written procedures for monitoring food temperature. d. The provider must have a form to document food temperature daily. e. The provider shall have a staff member review the completed 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. 4. 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. 5. Holding time shall not exceed 2 hours between the end of production and the beginning of food service at the congregate site. 6. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured directly from commercially filled bulk containers into the glass or cup from which it is consumed. 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 at your own risk." X. Food Service Requirements The Contractor shall ensure that the following forms are available and/or completed daily at the nutrition sites: .- A. Food Temperature Log — one should be available for congregate and one for home delivered meals if hot foods are delivered to the client. Page 10 of 15 i I ' B. Cleaning Schedule 0 C. Equipment Temperature Log D. Production Schedule — applicable only if food is cooked at the site. E. The current environmental health inspection shall be available at the site for review. F. Staff and volunteers who are handling food should possess a current food handlers' card that shall be available for review. XI. Program Requirements A. Client Intake Forms The Contractor will assure that each participant shall complete the Client Intake Sheet form (provided by DAAS) to determine his or her level of nutritional risk. Forms shall be completed at the beginning of service for the home delivered meal participants and once a year for congregate meal participants. B. Outreach/Marketing Activities 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 Program Performance Review. The Contractor shall develop and have on hand handouts, brochures or signs in languages other than English and posted in locations such as churches, community service locations and small stores serving the minority communities. C. Emergency Procedures 1. Each Contractor 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, and evacuation drills shall be conducted as appropriate. 4. The emergency plan shall include a day or week's supply of emergency food depending on the availability of space. D. Donations and Confidentiality 1. The provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft. Such procedures shall be kept on file for DAAS review. Page 11 of 15 2. The provider shall provide each participant the opportunity to contribute to the meal. 3. The provider shall develop a suggested contribution/donation. When developing the contribution amount, the income ranges of the older individuals in the community and the provider's other sources of income shall be considered. 4. 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. The guest fee shall cover all meal costs. 5. No eligible individual shall be denied participation because of failure or inability to contribute. 6. The provider shall ensure that the amount of eligible participant's contribution is kept confidential. 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. 8. The Contractor will not in any way employ tactics, which could be viewed as coercion, embarrassing and/or obligatory to the meal being provided to the participant. 9. The Contractor shall encourage the participant to place their donation in the box by themselves in strict confidentiality. 10. The Contractor shall ensure that the donation box is not right in front of the hostess or in view of the other participants. E. "No Soliciting" Signs The Contractor 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 elderly participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy fully in place. 2. Include the following statement on all advertising, brochures, posters, 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." Page 12 of 15 i 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 elderly participants attending their sites. All such activities must be documented and kept on file for review by DAAS. G. Reporting 1. Report all fiscal and meal counts monthly. The reports are due the 5 1 working day of every month. DAAS will provide training as needed. 2. The provider shall maintain support files including, but not limited to, invoices, payroll, and other supporting documents to substantiate the monthly report. 3. Report all known or suspected cases of elder abuse to DAAS Adult Protective Services or law enforcement immediately, or as soon as possible, by telephone, and send a written report within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. 4. Maintain records, by month, that support claimed in-kind expenditures. 5. Report expenditures funded with Deferred Income by September 30, 2008. 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, such as Home Repairs. In the event additional funds become available, the Contractor will use the funds to increase the number of meals being provided to elderly participants by either increasing the number of individuals attending its present sites, or by opening new sites in communities not already served by the Contractor. Exceptions to this requirement must be fully documented in writing and submitted to the department for prior approval. 7. Other Reporting Requirements: a. Computerized Client Tracking System: 1) The following reports are to be completed and submitted to DAAS by the 5th working day of the month following the month of service if the Contractor is serving less than 500 clients per month: • DAAS NAPIS Client Intake Sheets Page 13 of 15 • Meal Rosters 2) Contractors that are serving more than 500 clients shall be responsible for entering the data into an Internet based client tracking system. The Contractor 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. 3) The Contractor shall update the Internet based Client Tracking system on a monthly basis. DAAS will monitor to ensure that the information is maintained and current. 4) DAAS shall provide training and technical support and assistance. b. Nutrition Monthly Service Unit Report The Nutrition Monthly Service Unit Report is a tool that is used to report the number of actual meals served and the number of seniors served per site. This report is to be completed and submitted to DAAS by the 5th working day of the month. H. Disposal of Equipment 1. If the Contractor has equipment that was purchased with Nutrition grant funding and wishes to discard it, a letter should be submitted to DAAS stating the equipment type, the serial number, the location of the equipment and the reason for disposal. 2. Contractor shall submit a list of equipment purchased with grant funding by location. Page 14 of 15 FOR COUNTY USE ONLY New Vendor Code Dept. Contract Number `CoUNIy SW BERNARDIN X Change CITYOFS772 OOA 07481 A-2 Cancel County Department Dept. Orgn. Contractor's License No. Aging and Adult Services OOA NUT County Department Contract Representative Telephone Total Contract Amount County of San Bernardino Christy Hamilton 386-8145 $523,188 F A S Contract Type C Revenue ® Encumbered ❑ Unencumbered ❑ 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, 2007 June 30, 2009 $259,129 $253,008 Fund Dept. Organization I Appr. Ob/Rev Source GRC/PROJ/JOB No. Amount AAF ODA OOA 200 2445 220 $197,767 AAF OOA OOA 200 2445 240 $30,480 AAF OOA OOA 200 244 1 260 $24,112 AAF OOA OOA 200 2445 1 280 $649 Project Name Estimated Payment Total by Fiscal Year Nutrition for Seniors FY Amount I/D FY Amount I/D 08/09 $253,008 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 600 West 5th Street San Bernardino, CA 92410 (909) 384-5430 Federal ID No.or Social Security No. AMENDMENT NO. 2 It is hereby agreed to amend Contract No. 07-481 as follows: III. Contractor General Responsibilities Paragraph N. amended to read as follows: N. Information Integrity and Security 1. Information Assets The Contractor shall have in place operational policies, procedures, and practices to protect State information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual, Section 4841.2., GC Page 1 of 9 Section 11019, Department of Finance (DOF) Management Memo 06-12, and DOF Budget Letter 06-34. Information assets include (but are not limited to): • Information collected and/or accessed in the administration of the State programs and services. • Information stored in any media form, paper or electronic. 2. Encryption on Portable Computing Devices The Contractor is required to encrypt (or use an equally effective measure), any data collected under this agreement that is confidential, sensitive, and/or personal including data stored on portable computing devices (including but not limited to, laptops, personal digital assistants, and notebook computers) and/or portable electronic storage media (including but not limited to, discs and thumb/flash drives, portable hard drives). 3. Disclosure a. The Contractor shall ensure that personal, sensitive and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies. b. The Contractor shall protect from unauthorized disclosure names and other identifying information, concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant. C. "Identifying information" shall include, but not be limited to, name, identifying number, social security number, state driver's license or state identification number, financial account numbers, symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph. d. The Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this agreement. e. The Contractor shall not, except as otherwise specifically authorized or required by this agreement or court order, any identifying information obtained under the terms of this agreement to anyone other than DAAS and/or CDA without prior written authorization from DAAS or CDA, except by court order. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant. f. The Contractor may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant. 4. Training/Education Page 2 of 9 a. The Contractor must provide ongoing education and training, at least annually, to all employees and .subcontractors who handle personal, sensitive or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at www.aging.ca.gov within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee, subcontractor or volunteer. The Contractor must maintain certificates of completion on file and provide them to DAAS upon request. Training may be provided on an individual basis or in groups. A sign-in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available. a hardcopy of the training module may be provided to employees and/or volunteers for their completion. b. Contractor may substitute CDA's Security Awareness Training program with its own Security Training provided such training meets or exceeds CDA's training requirement. Contractors/Vendors shall maintain documentation of training and education provided to their staff, volunteers, and/or subcontractors. C. All employees and volunteers who handle personal, sensitive or confidential information relating to CDA's programs must participate in Security Awareness Training. 5. Health Insurance Portability and Accountability Act (HIPAA) The Contractor agrees to comply with the privacy and security requirements of the HIPAA to the extent applicable and to take all reasonable efforts to implement HIPAA requirements. Contractor will make reasonable efforts to ensure that subcontractors comply with the privacy and security requirements of HIPAA. 6. Contractor Confidentiality Statement The Contractor shall sign and return a ContractorNendor Confidentiality Statement CDA 1024 form with this Agreement. This is to ensure that ContractorNendors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure. 7. Security Incident Reporting A security incident occurs when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization, or are lost, or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS within five (5) business days of the date the incident was detected. 8. Notification of Security Breach to Data Subjects a. Notice must be given by the Contractor or subcontractor to any data subject whose personal information could have been breached. b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary measures to restore system integrity are required. Page 3 of 9 C. Notice may be provided in writing, electronically, or by substitute notice in accordance with State law, regulation, or policy. 9. Software Maintenance The Contractor shall apply security patches and upgrades and keep virus software up- to-date on all systems on which data collected under this agreement that is confidential, sensitive and/or personal may be used. 10. Provisions of this Article The provisions contained in this Article shall be included in all contracts of both the contractor and its subcontractors. Paragraph S amended to read as follows: S. Contractor agrees to and shall comply with the following indemnification and insurance requirements: 1. Indemnification — The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor's indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 2. Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. 3. Waiver of Subrogation Rights — The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. 4. Policies Primary and Non-Contributory — All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. 5. Severability of Interests — The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Page 4 of 9 Contractor and the County or between the County and any other insured or additional insured under the policy. 6. Proof of Coverage — The Contractor shall furnish Certificates of Insurance to the County Department administering the contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. 7. Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of"A- VII". 8. Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management. 9. Failure to Procure Coverage-- In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. 10. Insurance Review — Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee 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. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. 11. The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services. Page 5 of 9 i Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown: a. Workers' Compensation/Employers Liability — 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 including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract. Contractor has no employees, it may certify or warrant to the County that is does not currently have any employees or individuals who are defined as °employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. b. Commercial/General Liability Insurance — The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: 1. Premises operations and mobile equipment. 2. Products and completed operations. f 3. Broad form property damage (including completed operations). 4. Explosion, collapse and underground hazards. 5. Personal injury 6. Contractual liability. 7. $2,000,000 general aggregate limit. C. Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. d. Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. Page 6 of 9 If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date of the start of the contract work. The claims made insurance. shall be maintained or "tail" coverage provided for a minimum of five (5) years after contract completion. V. Fiscal Provisions Paragraph A to read as amended: A. The maximum amount of funds available under this contract shall not exceed $523,188, of which $426,462 may be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem and is broken out as follows: Original Contract Amount $259,129 July 1, 2007 through June 30, 2008 Amendment No. 1 $11,051 July 1, 2007 through June 30, 2008 To be used for the purchase of the following items: Ice Maker Refrigerator Steamer Table Amendment No. 2 $253,008 July 1, 2008 through June 30, 2009 Paragraph T to read as amended: T. Matching Contributions The Contractor shall provide in-kind matching contributions of a minimum of $41,276 ($19,304 for FY 2007/08 and $21,972 for FY 2008/09), which is the Title III portion of the Contract multiplied by 11.11%. Allowable match shall be in compliance with the following requirements: 1. Matching in-kind contributions must be for allowable costs as determined by CDA PM. Allowable costs include but are not limited to rent, utilities, supplies, and personnel (volunteer). 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 supportive services. 4. Contractor shall provide a revised Budget In-Kind Narrative statement (Attachment B-2) 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 shall be reported monthly on the monthly expense reports. Page 7of9 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. Paragraph U, Item 1, sub item a to be added as follows: a) Contractor shall submit revised FY 2008-09 budget no later than August 1, 2008. Attachment A — Scope of Work Fiscal Year 2008-2009 is added to this Contract. Page 8 of 9 All other terms and conditions of this Contract remain in full effect. I COUNTY OF SAN BERNARDINO City of San Bernardino (Print or type name of corporation. company, contractor, etc.) ► BY Paul Biane, Chairman, Board of Supervisors (Authorized signature-sign in blue ink) Dated Name Fred Wilson (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 THE BOARD (Print or Type) Dena M. Smith Clerk of the Board of Supervisors Dated of the County of San Bernardino. By Address 600 West 5th Street Deputy San Bernardino, CA 92410 Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature ► ► ► Jacqueline Carey-Wilson, Deputy County Counsel Lori Ciabattini, HS Contracts Unit Colleen Krygier, Director Date Date 1 Date Auditor/Controller-Recorder APPROVED AS TO FORM: Use Only James F. Penman, ❑Contract Database O FAS City Attorney Input Dat Keyed By By Page 9 of 9 Attachment A WORK PLAN/SCOPE OF WORK I t FY 2008-2009 This work plan/scope of work contains the measurable objectives mandated by DAAS of the Nutrition Contractor. The work plan specifies and establishes time frames either on an annual basis or where required by State regulations on a quarterly basis. The work plan constitutes the primary document for on-going monitoring and Annual Program Performance Review/Fiscal Audit, and will be used to measure the Contractor's efforts towards providing quality nutrition services. Contractor: City of San Bernardino Region: East Valley Area I. Program Description A. Purpose/Definition of the Program Purpose The purpose of the Elderly Nutrition Program 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. 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. B. Target Population The Nutrition Provider shall target individuals who are sixty (60) years old or older, minorities, low income and living in rural areas of the County of San Bernardino. C. Eligibility for Nutrition Services 1. Congregate Meals (C-1): Individuals eligible to receive a meal at a congregate nutrition site are: a. Any older individual who is 60 years old or older. b. The spouse of any older individual. C Page 1 of 15 C. A person with disability, under the age of sixty (60) who resides in a housing facility occupied primarily by older individuals at which congregate nutrition services are provided. d. A disabled individual who resides at home and accompanies an older individual who participates in the program. 2. Home Delivered Meals (C-2): Individuals eligible to receive a home- delivered meal are: a. Any older individual who is frail, as defined in Title 22 Section 7119, and homebound by reason of illness, disability, or isolation. b. A spouse of an individual described in Section I, Paragraph C, Item 2a, regardless of age or condition. if an assessment concludes that is in the best interest of the homebound older individual. C. 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. d. Priority shall be given to older individuals. 3. The Nutrition Contractor who is providing home delivered meals shall: a. Maintain a waiting list. b. Develop a written Policy and Procedure for the implementation of the program that includes the manner in which clients will be prioritized. C. Follow the above eligibility criteria listed in Section I, Paragraph C, Item 2. If the C-2 provider chooses to add or subtract additional requirements, the criteria shall be approved by DAAS prior to implementation. d. Have a designated staff member that completes the initial and quarterly re-assessments. e. Screen the clients for eligibility by phone and in home visits within two weeks of the beginning of the meal service. f. Maintain appropriate documentation on each client. Documentation shall be kept on file and monitored by DAAS. g. Provide an emergency home delivered meal for a minimum of five (5) working days until the assessment can be completed. Page 2 of 15 D. Service Area The geographic area served by this contractor covers the city of San Bernardino and surrounding areas. II. Program Outcomes A. Total Number of Meals to be Served: 52,535 Program # of days Number of Meals C-1 255 52,535 A minimum of 95% of the total number of meals is to be provided. The Director of DAAS must approve provision of less than 95% of the total number of meals to be provided. All such requests must be in writing. B. Sites to be served: C-1 Sites 5t�Senior Center Perris Hill Senior Center Hernandez Community Center Lytle Creek Community Center New Hope Family Life Center Highland Senior Center Light House for the Blind III. Staffing A. Manager or Director 1. The Contractor shall have a manager or staff who conducts the day-to- day management and administrative functions on the program and has one of the following: 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. 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 meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a Registered Dietitian. C. Two years experience managing food services. Such experience shall be verified and approved by a Registered Dietitian prior to hire. Page 3 of 15 I 2. The Contractor shall maintain documentation on file of the qualifications of the Program Manager or staff. 3. If the Contractor has more than one site, the Manager/Director shall monitor the sites on a regular basis. The bi-monthly visit should not only monitor the food service practices of the employees, but also the implementation of the program requirements at the site level. Documentation of each visit shall be maintained on file for DAAS review. B. Food Service Personnel 1. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the Program. 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 employees shall be maintained. Mr 4. Contractor shall complete a written work performance evaluation on all paid and volunteer employees. C. Volunteers 1. Volunteers shall be recruited and used in any phase of the program operation where qualified. 2. Volunteers shall be screened and selected through a formal process that assesses their capabilities. 3. Volunteers shall receive the same training as paid staff. 4. Volunteers that will be handling food must be in possession of a current Food Handlers Card issued by the local community colleges. 5. 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. 6. The Contractor 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. Page 4 of 15 D. Registered Dietitian 1. Each Senior Nutrition 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, and Section 7500. 2. The Registered Dietitian will provide the following activities to meet the mandated requirements: a. At a minimum, quarterly monitor for safe food handling and sanitation practices of food facilities. b. Review and approve the content of staff training prior to presentation. C. Develop, or review and approve the monthly or cycle menus. d. Develop, or review and approve the nutrition education plan for participants. e. Provide the nutrition education to seniors or staff training if the Provider and Registered Dietitian determine that is the best choice. f. Provide technical support and assistance as needed. IV. Staff Training Activities A. A yearly written plan for staff in-service shall be developed in collaboration with the Contract Registered Dietitian. B. The Contract Registered Dietitian shall review and approve the content of the plan prior to presentation. C. The 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 written plan must be sent to DAAS by September 3, 2008. E. All Paid staff and volunteers shall be provided annually a minimum of four (4) hours of training. F. Paid staff and volunteers attending the training shall be provided the opportunity to evaluate the training session. G. The provider shall maintain on file documentation of each training session. Documentation includes, but is not limited to, sign-in-sheets, agendas, handouts and completed evaluations. Page 5 of 15 H. New paid staff or volunteers shall be oriented and trained to perform their assigned responsibilities and tasks. Training shall include: 1. Food safety, prevention and food-borne illness.. and HACCP principles. 2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness. and other emergency procedures. 3. All staff shall be trained on the Elder Abuse Law and reporting procedures. V. Senior Participants A. Satisfaction Survey The provider shall conduct a client satisfaction survey at least once a year. The survey instrument must be approved by DAAS prior to its use. and all findings from the surveys must be used to improve services. The completed surveys and the tabulated results must be kept on file. A copy of the tabulated results must be received by DAAS by March 3, 2009. B. Complaint Procedure 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 Contractor shall have an assessment tool readily accessible for the seniors attending the congregate site or receiving a home delivered meal. C. Nutrition Education for Seniors 1. The provider shall provide one nutrition education presentation quarterly, including appropriate handouts that have been approved by the Contract Registered Dietitian. 2. The provider in conjunction with the Contract Registered Dietitian shall conduct a needs assessment of the seniors attending the congregate site and/or seniors receiving a home delivered meal. 3. Results of the needs assessment will provide information for the development of the Nutrition Education Plan for seniors. 4. The Nutrition Education Plan for seniors is due to DAAS September 3, 2008. Page 6 of 15 5. Nutrition Education Units of Service. Nutrition Education Units of Service # of sites C-1 Allocation for FY 2008/09 7 1,500 $649 VI. Menu Planning Guidelines/Menu Requirements A. A minimum of a 3 month cycle shall be planned. 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. The menu cycle shall be approved by the Contract Registered Dietitian and upon approval forwarded to the DAAS Nutritionist for certification 45 days prior to the menu start date. Allow thirty (30) days for the menu certification process. Menus will be returned to the Contractor at least fifteen (15) days prior to the menu start date. Contractor is required have menus certified prior to the implementation date. All signatures on the menu shall be original signatures. E. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site. F. Copies of the menus shall be made available to the participants. G. When planning the menus, the California Daily Food Guide and the Dietary Guidelines for Americans are to be considered. Menu shall conform to the following criteria: 1. Provide an average of 600-800 calories per meal. 2. Limit fat to no more than 25-30 % of the calories averaged for the week. 3. Use salt sparingly, if at all, in cooking. 4. Include good sources of dietary fiber at least 4 times a week. 5. Food items shall not be repeated two days in a row or the same days of consecutive weeks. 6. Include a variety of foods and preparation methods with consideration to color, combinations, texture, size, shape; taste and appearance. Page 7 of 15 H. The meal shall consist of the following: 1. Three (3) ounces of cooked edible portion of meat, fish, poultry, eggs. cheese, or the protein equivalent daily. 2. Two (2) one-half (1/2) cup servings, drained weight or volume, of different vegetables or fruits or their juices. 3. One serving of whole grain or enriched bread, or bread alternatives. 4. Eight (8) ounces of fortified-fat free milk, low-fat milk or buttermilk. 5. One-half (1/2) cup serving of a dessert. 6. Each meal shall provide a food containing a minimum of 30 milligrams of Vitamin C. 7. The weekly menu shall contain food(s) containing a minimum of 300 micrograms of Vitamin A at least three times per week for a five (5) days per week menu or four (4) times per week for a seven (7) days per week menu. I. Menu/Meal Analysis 1. A meal analysis conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Section 7638.5. 2. Menu cycle shall be analyzed on a regular basis and documentation maintained for DAAS review. VII. 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 which 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 provider or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available. VIII. Food Storage A. Food storage procedures shall comply with Title 22, CRFC standards and HACCP best practices guidelines. Page 8 of 15 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. IX. Food Production 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 I function with the advice of the Contract Registered Dietitian. C. Meals shall be served as indicated on the certified menus. 1. The Contract Registered Dietitian must approve all menu substitutions. 2. A menu substitution form must be completed and signed by the Contract 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 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 in a manner which protects it from potential contamination and maintains appropriate hot and cold food temperatures. 2. Meal 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. Temperature Checks: Page 9 of 15 a. Congregate food temperature shall be taken daily prior to delivery, upon arrival and prior to service at the satellite congregate site. b. All hot, cold and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and immediately before meal service. C. The provider must have written procedures for monitoring food temperature. d. The provider must have a form to document food temperature daily. e. The provider shall have a staff member review the completed 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. 4. 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. 5. Holding time shall not exceed 2 hours between the end of production and the beginning of food service at the congregate site. 6. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured directly from commercially filled bulk containers into the glass or cup from which it is consumed. 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 at your own risk." X. Food Service Requirements The Contractor shall ensure that the following forms are available and/or completed daily at the nutrition sites: A. Food Temperature Log — one should be available for congregate and one for home delivered meals if hot foods are delivered to the client. Page 10 of 15 B. Cleaning Schedule C. Equipment Temperature Log D. Production Schedule — applicable only if food is cooked at the site. E. The current environmental health inspection shall be available at the site for review. F. Staff and volunteers who are handling food should possess a current food handlers' card that shall be available for review. XI. Program Requirements A. Client Intake Forms The Contractor will assure that each participant shall complete the Client Intake Sheet form (provided by DAAS) to determine his or her level of nutritional risk. Forms shall be completed at the beginning of service for the home delivered meal participants and once a year for congregate meal participants. B. Outreach/Marketing Activities 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 Program Performance Review. The Contractor shall develop and have on hand handouts, brochures or signs in languages other than English and posted in locations such as churches, community service locations and small stores serving the minority communities. C. Emergency Procedures 1. Each Contractor 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, and evacuation drills shall be conducted as appropriate. 4. The emergency plan shall include a day or week's supply of emergency food depending on the availability of space. D. Donations and Confidentiality 1. The provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft. Such procedures shall be kept on file for DAAS review. Page 11 of 15 2. The provider shall provide each participant the opportunity to contribute to the meal. 3. The provider shall develop a suggested contribution/donation. When developing the contribution amount, the income ranges of the older individuals in the community and the provider's other sources of income shall be considered. 4. 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. The guest fee shall cover all meal costs. 5. No eligible individual shall be denied participation because of failure or inability to contribute. 6. The provider shall ensure that the amount of eligible participant's contribution is kept confidential. 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. 8. The Contractor will not in any way employ tactics, which could be viewed as coercion, embarrassing and/or obligatory to the meal being provided to the participant. 9. The Contractor shall encourage the participant to place their donation in the box by themselves in strict confidentiality. 10. The Contractor shall ensure that the donation box is not right in front of the hostess or in view of the other participants. E. "No Soliciting" Signs The Contractor 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 elderly participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy fully in place. 2. Include the following statement on all advertising, brochures, posters, 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." Page 12 of 15 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 elderly participants attending their sites. All such activities must be documented and kept on file for review by DAAS. G. Reporting 1. Report all fiscal and meal counts monthly. The reports are due the 5`h working day of every month. DAAS will provide training as needed. 2. The provider shall maintain support files including, but not limited to, invoices, payroll, and other supporting documents to substantiate the monthly report. 3. Report all known or suspected cases of elder abuse to DAAS Adult Protective Services or law enforcement immediately, or as soon as possible, by telephone, and send a written report within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment. fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. 4. Maintain records, by month, that support claimed in-kind expenditures. 5. Report expenditures funded with Deferred Income by September 30, 2008. 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, such as Home Repairs. In the event additional funds become available. the Contractor will use the funds to increase the number of meals being provided to elderly participants by either increasing the number of individuals attending its present sites, or by opening new sites in communities not already served by the Contractor. Exceptions to this requirement must be fully documented in writing and submitted to the department for prior approval. 7. Other Reporting Requirements: a. Computerized Client Tracking System: 1) The following reports are to be completed and submitted to DAAS by the 5th working day of the month following the month of service if the Contractor is serving less than 500 clients per month: • DAAS NAPIS Client Intake Sheets Page 13 of 15 • Meal Rosters 2) Contractors that are serving more than 500 clients shall be { responsible for entering the data into an Internet based client tracking system. The Contractor 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. i 3) The Contractor shall update the Internet based Client Tracking system on a monthly basis. DAAS will monitor to ensure that the information is maintained and current. 4) DAAS shall provide training and technical support and assistance. b. Nutrition Monthly Service Unit Report The Nutrition Monthly Service Unit Report is a tool that is used to report the number of actual meals served and the number of seniors served per site. This report is to be completed and submitted to DAAS by the 5th working day of the month. H. Disposal of Equipment 1. If the Contractor has equipment that was purchased with Nutrition grant funding and wishes to discard it, a letter should be submitted to DAAS stating the equipment type, the serial number, the location of the equipment and the reason for disposal. 2. Contractor shall submit a list of equipment purchased with grant funding by location. Page 14 of 15