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HomeMy WebLinkAbout1997-248 . 1 2 3 RESOLUTION NO. 97-248 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 4 DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM 5 THE DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1997 THROUGH JUNE 30, 6 1998. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 8 CITY OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. The Director of Parks, Recreation and Community Services 10 Department of the City of San Bernardino is hereby authorized and directed to submit an 11 12 13 application to accept on behalf of City a grant from San Bernardino County Department of Aging and Adult Services for the Senior Nutrition Program for the period of July 1, 1997 14 through June 30, 1998. 15 16 SECTION 2. The authorization granted hereunder shall expire and be void and of no 17 further effect if the agreement is no1 execu1ed by both parties and returned to the Office of 18 the City Clerk within sixty (60) days following the effective date of the Resolution. 19 20 21 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting 22 thereof, held on the 18th day of August , 1997, by the following vote, to 23 wit: 24 111/ 25 /1/1 26 / / / 27 28 11/ . 97-248 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES 2 DEPARTMENT TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF AGING AND ADULT SERVICES FOR THE SENIOR 3 NUTRITION PROGRAM FOR THE PERIOD OF JULY 1, 1997 THROUGH JUNE 30, 1998. 1 4 5 COUNCIL MEMBERS: 6 NEGRETE 7 CURLIN 8 ARIAS 9 AYES NAYS ABSTAIN ABSENT x x x OBERHELMAN x 10 11 DEVLIN 12 ANDERSON 13 MILLER x x x 14 15 16 The foregoing Resolution is hereby approved this Qv.dvJ._ CL~uLk~ City ~ /rtL _ day of , REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION 97-24~ " .., ,or( Agree. 97-745 . September 9, 1997 FROM: MIKE DECKER, Director Department of Aging and Adult Services SUBJECT: CONTRACT FOR NUTRITION SERVICES BETWEEN THE COUNTY AND THE CITY OF SAN BERNARDINO RECOMMENDATION: Approve contract between the County and the City of San Bemardino to provide nutrition services in the amount of $196,317 from July 1,1997 through June 30,1998. BACKGROUND INFORMATION: Due to a number of procedural issues including a delay in the Governor's budget, the anticipated completion date for presentation to the Board was delayed. The Department of Aging and Adult Services annually allocates State and Federal funds received through the California Department of Aging for the provision of congregate and home delivered nutrition services for individuals age 60 years and older. The original contract was awarded to the City of San Bernardino based upon a competitive award process to provide nutrition services in San Bernardino County. In addition to the City of San Bernardino, contracts were also awarded to Hi-Desert Meals on Wheels, Inc., Steelworkers Oldtimers Foundation, Fort Mojave Indian Tribe, Community Services, and Bonnie Baker Senior Center as a result of the process. Services are provided throughout the County of San Bernardino by the six nutrition contractors. The City of San Bernardino has successfully operated a congregate meal program for several years. This action would approve a contract with the City of San Bernardino to continue to provide nutrition services to San Bernardino and Highland. A new RFP will be published in 1998, as required by the Older Americans Act. The Act requires that an RFP be issued at least once every four years. REVIEW BY OTHERS: The Senior Affairs Commission, Contract Compliance, Chief Deputy County Counsel Ruth E. Stringer, and Deputy County Counsel Paula B. Tobler have reviewed and approved this contract. FINANCIAL IMPACT: This contract is totally funded by State and Federal revenue and therefore there is no local cost. The appropriations and revenues were included in the Proposed Budget. SUPERVISORIAL DISTRICT(S): Third and Fifth PRESENTER: Mike Decker, Director, Department of Aging and Adult Services Record of Action of the Board of Supervisors cc: OMS-Mike Decker w/agreement Contractor w/agreement c/o OMS Auditor w/agreement Contract Compliance w/agree. Risk Management SSG File w/agreement MOTION AYE 4 AYE -, s mil Deputy ITEM 059 Rev 07/97 . . l:.248 FOR COUNTY USE ONL Y ~.\ l. , ... _Y~t~_ '~ y E New Vendor Code isc Dept. i Contract Number M Change A 17-7Y5 X Cancel County Department DEP ARTMENT OF Dept. Orgn. Contractor's License No. AGING AND ADULT SERVICES OOA OOA County Department Contract Representative Ph. Ext. Amount of Contract MIKE DECKER, DIRECTOR 891-3900 $196,317 I Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRCIPROJiJOB Number ISBG OOA OOA 200 2445 I Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount liD Project Name f-J7/98 $196,317 - - - NUTRITION FOR - - - - SENIORS - - - - .1 County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO hereinafter called CONTRACTOR Address 547 N. SIERRA WAY SAN BERNARDINO, CA 92401-1211 Phone Birth Date (909) 384-5231 Fe:Jer2: iD Nc, G~ Sc.::i,,! Se:,\,:.t., >',,) 95-6000772 IT IS HeRESV AC;R~' EJ ...~ S r:JLL.O\^./S. :" 5.3,.'," .-~:: ~ . I'.' s;~e'3~S 5e; fc,','r;., ,';r';r..'IC-:; te be rendered, arnour:t to be paid, mannfr o~ pa~'rnent, rime for p2rfQrm&"",~-( c>l:c:rrO"f'!I~"). ':" ,::"lei ceu",c {O" tf!;rr,,'"!atlon, other tfrrnS dnd co"',d;t'o,"'s, and at/eel-. r:1e,""g speed,car'ens ar,d aa'c;'-2'-'O'~' '3' "_,~ S;X','." !J:'(,,' ;"r,;::' "C1,' THIS AGREEMENT is entered into on the 1st day of July, 1997, by and between the County of San Bernardino acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services "DAAS" and the the City of San Bernardino, direct service provider, hereinafter called "Contractor." WHEREAS, the Older Americans Act of 1965, as amended, provides for assistance to state and local agencies to develop nutrition and social supportive services to meet the needs of the elderly; and WHEREAS, the California Department of Aging (COA) has allocated funds to DAAS for the purpose of administering a certain portion of said funds pursuant to said act; and for the purpose of planning service programs and activities for the elderly; and WHEREAS, DAAS desires to use CDA monies to fund and the Contractor desires to operate and execute a Nutrition Program, this contract is executed to identify the specific terms and conditions covering the funding, execution, and operation of the program provided by this contract. THEREFORE, in consideration of the mutual promises and covenants contained herein, DAAS and the Contractor agree as follows: G2 ,':::;1'-OJCRh 1,.91 Page --L_ of 2~_ c)'7-7{.8 ~ XRTICnE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. The term "Agreement" shall mean the coversheet; the Terms and Conditions; Scope of Work Plan; Budget Display; Budget Summary; exhibits; attachments; addendums; and amendments, unless otherwise provided in this Article; B. "DAAS" means the San Bernardino County Department of Aging and Adult Services, the designated Area Agency on Aging. C. "State," "Department" and "CDA" mean the State and the California Department of Aging interchangeably. D. "Contractor" means the entity to which funds are awarded under this Agreement and which is accountable to DAAS for use of these funds and is responsible for executing its provision and services. E. In the event of conflict between the provisions set forth in the Contract Terms and Conditions and any Project Application or Scope of Work, Proposal, or Area Plan, the provisions listed in the Contract Terms and Conditions shall prevail. F. "Reimbursable item" also means "allowable cost" and "compensable item. II G. "CFR" means Code of Federal Regulations, "CCR" means California Code of Regulations. "GC" means Government Code. "W&I" means Welfare and Institutions Code. "USC" means United States Code. ftOHB" means Office of Management and Budget. H. -CDA PM- refers to the "Title III Program Manual for Area Agencies on Aging." This manual is based on Federal regulations for Title III published March 31, 1980 (CFR, Chapter 8, Subchapter C, Par 1321). Pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980, have also been used. A copy of the manual is available for review at the Department of Aging and Adult Services, 686 East Mill Street, San Bernardino, CA 92415 during regular office hours. I. -Program Income or grant related income- refers to any income earned by a Contractor during the contract period from activities supported in part or total by Federal funds. It includes, but is not limited to, income in the form of fees for services performed during the contract period, proceeds from sale of tangible property or real property and from the sale of equipment and supplies acquired for use, usage or rental fees, interest, and patent or copyright royalties. Contributions/donations made by older persons are considered program income. J. -General Program Income- refers to meal income received in the form of contributions/donations made by the elderly for services rendered. K. -In-Kind Contributions- are property, equipment, services (e.g. volunteer services) and supplies benefiting a Title III supported program or activity contributed by non-federal third parties without charge to the service provider (Contractor). L. -Non-expendable Personal Property refers to tangible personal property having a useful life of more than one year and an acquisition cost Page 2 of 26 ,. 97-248 o'f $SC\O M. or more per unit. .Elderly. refers to any individual who is 60 years of age or older. ARTICLE II. The and terminate TERM OF AGP'\i!1l!M1lIqT term of this agreement will begin on the 1st day of July, 1997 on the 30th day of June, 1998. ARTICLE A. III. FISCAL AND PROGRAM PROVISIONS COMPENSATION 1 . Maximum Funds Available The maximum amount of funds available under this agreement shall be $196,317, and shall be subject to availability of funds from CDA. 2. Schedule of Payments Contractor may be provided a payment advance equal to 10% of the Title III funded portion of the total contract amount under this agreement for start-up purposes. Contractor shall be compensated with the remainder of the Title III funds monthly. The monthly disbursement is not to exceed one-twelfth of the balance of the appropriated funds without written justification for reimbursement to exceed one-twelfth. The calculation of the monthly disbursement amount will be based on the previous month's expenditures and the cash-on-hand identified in the Expenditure Report/Request for Reimbursement. USDA funds will be paid at the prevailing rate for each reimbursable meal served, and reimbursed to contractor as funds become available. 3. Expenditure of Funds a. Contractor shall expend all funds received hereunder in accordance with this Agreement. b. DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS and/or State not to be in compliance with this Agreement, or inappropriate to such activities, or, for which there is inadequate supporting documentation presented or, for which prior approval is required but not granted. 4. Unexpended Funds a. Contractor will return to DAAS, immediately upon written demand, any funds provided under this Agreement which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity. b, Contractor must return any unspent funds with submittal of revised year-end Financial Closeout Report, based on independent audit. 5. Accountability for Funds Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Agreement separate from any other funds administered by the Contractor. Contractor shall maintain records in accordance with generally accepted accounting principles. Page 3 of 26 .97-248 ..' B\. GENERAL PROGRAM INCOME 1. Contractor is encouraged to seek contributions/donations from seniors participating in the program. The program income goal for contributions/donations should be 25% or more of the total expenditures identified in the attached Budget Display. 2. General program income will be used to increase the number of clients served by a project, to facilitate access to such meals, and to provide supportive services directly related to nutrition as defined in the Work Plan. General program income will be used within the program in which it was earned. 3. Deferred Income a. Meal income not needed for current year expenditures in excess of the budgeted program income amount identified in Exhibit B-1 and B- 2 will be identified as "deferred income." This income will be expended in the first quarter of the next fiscal/contract year (July 1 through September 30). In addition, this income must be identified on page 6 of the year end Financial Close-out Report and then carried forward as a budget item in the new fiscal/contract year. Use of the deferred income must be reported in the Expenditure Report/Request for Reimbursement expense reports as spent, within the first quarter of the new fiscal/contract year. b. When the amount of the deferred income is determined through the audit, Contractor shall revise the deferred income figure, previously reported, by adjusting the following month's expense report claim for reimbursement and shall submit a new budget reflecting the revision. c. Deferred income will be used for general program expenditures, to increase the number of seniors served by a project, and to provide supportive services directly related to nutrition. Deferred income will be used within the program in which it was earned. 4. Interest Earned If, as a result of advanced funds, the project earns interest on funds awarded by DAAS, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file. C. HATCHING CONTRIBUTIONS The Contractor will provide in-kind matching contributions of a minimum of $16,556, which is the Title III portion of the contract multiplied by 11.11%. Allowable match shall be in compliance with the following CDA requirements: 1. Matching in-kind contributions must be for allowable costs as determined by CDA policy. Allowable costs include but are not limited to rent, utilities, supplies, personnel (volunteers). 2. To qualify as a matching in-kind contribution, indirect or Contractor allocated overhead expenses must be supported by a documented cost allocati0n plan. 3. Matching in-kind contributions in excess of the minimum required in one service component may be used to match another service Page 4 of 26 97-248 cOmPonent within the Older Americans Act. As an example, match exceeding the 'm~nimum requirement in a transportation program may be used to offset an under match in in-home support services. 4. Contractor will provide a Budget In-Kind Narrative statement to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of in-kind to be used as match for the period of the contract. The identified in-kind match will be reported monthly on the monthly expense reports. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. b. All other in-kind contributions shall be valued at current market value. D. AUDIT 1. Contractors who expend more than $300,000 of aggregated Federal Awards will arrange for an audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98-502 and a copy submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, California 92415-0640 2. If Contractor is a public or private entity: a. Nonprofit institution expending more than $300,000 a year in aggregated Federal Awards will have an audit made in accordance with the provisions of Office Management and Budget (OMB) Circular A-133. Audits of Institutions of Higher Education and other nonprofit institutions. b. Nonprofit institutions that expend less than $300,000 a year in aggregated Federal Awards are exempt from Federal audit requirements for that year. However, an on-site monitoring visit will be performed to ensure that Federal awards are used for authorized purposes under OMB Circular A-110 or OMB Circular A-128. c. Any nonprofit institutions who obtain audit reports and are not required to, will not be reimbursed for audit report expenses. 3. Required audits must be performed in accordance with generally accepted auditing standards (GAAS) and the Statements on Auditing Standards (SASS) issued and interpreted by the American Institute of Certified Public Accountants (AICPA) and the Government Auditing Standards (Yellow Book) issued by the U.S. General Accounting Office. Further, the audit must include a review of compliance to determine whether statistical data is recorded accurately and reported properly, to determine whether the program is being administered by the Contractor in compliance with the contract auditing listing of client case files, and to determine that the program revenue and expenditures are Page 5 of 26 97-248 , , , properiy segregated from other programs being administered by the Contractor. 4. To ensure that OMB Circular A-133 requirements are met, audit report shall consist of the following parts: a. A report on the financial statements, a schedule of federal awards, which must report in-kind match, along with the auditor's opinion on the financial statements; b, A report on the entity-wide internal control systems based on the auditor's understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit); a report on internal controls (accounting and administrative) designed to provide reasonable assurance of compliance with laws and regulations applicable to federal assistance or federal awards, including tests of transactions (including program income and expenditures) ; c. A report on compliance with laws and regulations that may be material to financial statements; an opinion on compliance with laws and regulations applicable to each major federal program and a statement of positive assurance of those items that were tested (including program income) for compliance and negative assurance for those items not tested. These requirements may be met by the following: i. A report on compliance with general requirements applicable to federal programs drawn from the relevant OMB Compliance Supplement; ii. An opinion on compliance with specific requirements applicable to each major program (major program refers to Congregate Meals, C-l; Home Delivered Meals, C-2; and Supportive Services, B) [the opinion should specify whether information contained in federal financial reports is supported by books and records and amounts claimed and used for matching meet applicable cost principle] ; d. A report on fraud, abuse, illegal acts or indications of such acts, if necessary; e. A schedule of reportable conditions (including material weaknesses) for internal control findings and a schedule of findings and questioned costs for compliance findings (if not included in the internal control or compliance reports; a management letter; separate communication of nonmaterial findings relative to federal programs. 5. Audit must also include: a. Schedule of Service Delivery. This schedule will give the number of service units provided by the Contractor, by program and by month. b. Schedule of Meals Served. This schedule will give the total number of meals served by the contractor for the grant period. Meal count shall be classified as Cl or C2. 6. Contractor will select a certified public accountant of approved auditors published by the County of San Bernardino, The Contractor must receive approval from DAAS prior to hire of the auditor from the approved auditors published by the County of San Bernardino. Page 6 of 26 97-248 7. Contractor will include in its contract with an independent 'auditor a clause permitting access by the County and State to the work papers of the independent auditor. 8. Contractor will notify DAAS of the time and location of scheduled entrance and exit conferences with independent auditors, so that appropriate DAAS and other appropriate County staff may participate. 9. The cost of audits performed pursuant to Public Law 98502 shall be charged to the Contractor, in accordance with Public Law 98502 and OMB Circular A-128 or A-133, as appropriate. 10. All audits shall be performed in accordance with and address all issues contained in any OMB Compliance Supplement that applies to this program. 11. Audits to be performed shall be financial and program compliance audits. 12. The auditor of record, hired by the Contractor, shall prepare and file with the County, a draft copy of the independent audit within 90 days after termination of this Agreement and prior to the exit conference. Within 120 days after the termination or expiration of this Agreement, the final independent audit report of related expenditures during the term of this Agreement, shall also be filed with the County. 13. Contractor will assist and comply with audit resolution requirements as required by DAAS, including submitting to DAAS at the exit conference, a corrective action plan for any findings or recommendations, identified in the draft audit. 14. Contractor must take appropriate action to correct instances of noncompliance with federal laws and regulation within six months after DAAS has received audit report. 15. The Contractor agrees to be subject to the examination and audit of the County for a period of three (3) years after final payment under this grant. E. BUDGET AND BUDGET REVISIONS 1. The Contractor will be reimbursed for expenses only as itemized in the budget approved by DAAS which is attached and hereby incorporated by reference. 2. The Budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Contractor's budget shall include, at a minimum, the following items when reimbursable under this Agreement: a. Direct and overhead costs. b. Rental reimbursement items should specify the unit rate, such as the rate per square foot. c. If purchase of equipment is a reimbursable item, the equipment to be purchased should be specified. d. Any travel outside the State of California. Page 7 of 2 6 97-248 3. Budget and budget reV1S1ons shall adhere to any other provisions contained in the CDA program Manual(s). 4. The Board of Supervisors delegates the authority to the Director of DAAS to make budget revisions provided the revisions do not result in the amount of the contract exceeding the previously Board-approved amount, F . SUBCONTRACTING The Director of DAAS is designated the authority to approve one or more subcontracts provided the contract meets the following terms and conditions: 1. The policies and procedures used in processing and awarding the subcontracts were (a) organized and structured; (b) reasonable and equitable; (c) documented and approved by appropriate authorities; (d) consistent with federal, state, and local law applicable procurement requirements; (e) uniformly applied; and (f) open for public review and scrutiny. 2, All subcontracts require the advance written approval of the DAAS Director or designee. 3. The contractor shall be responsible for the performance of any subcontractors and shall retain the prime responsibility for all terms and conditions set forth in this agreement, including but not limited to, the responsibility for handling property in accordance with Article X and ensuring the accessibility, availability and retention of records of subcontractors in accordance with Article X, 4. Funds for this agreement shall not be obligated in subcontracts for services beyond the ending date of this agreement. 5. The contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the County. 6, Copies of subcontracts, memoranda and/or letters of understanding shall be on file with the contractor and shall be made available for review at the request of the County. 7. The contractor shall be responsible to ensure all subcontractors meet the insurance requirements and for monitoring the insurance requirements in accordance with Article V, Section C, 8. The contractor shall require all subcontractors to indemnify, defend and save harmless the Contractor and the County, its officers, agents, and employees from any and all claims and losses accruing to or resulting from any contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor in the performance of this Agreement. 9. The contractor shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Department. These reporting and expenditure documents shall be sent to the contractor in page 8 of 26 97-248 ati~~lY manner and at intervals as determined by the Department, 10. A copy of the executed subcontract shall be submitted to the DMS Director. ARTICLE IV. MONITORING. ASSESSKENT AND EVALUATION A. The County or any subdivision or appointee thereof and the State of California or any subdivision or appointee thereof shall have absolute right to review and audit all records, papers, documents, client files, corporate minutes and other performed items as reported, and shall have absolute right to monitor the performance of Contractor and subcontractors in the delivery of services provided under this Agreement. B. Contractor shall permit DAAS to perform periodic program and fiscal monitoring visits. Authorized DAAS, State and/or Federal representatives shall also be permitted to monitor, assess and evaluate the Contractor's performance as needed, pursuant to this Agreement. Said monitoring, assessment and evaluation may include, but is not limited to, fiscal records, audits, inspections of project premises, inspection of food preparation sites, as appropriate, and interviews with Contractor's employees and agents providing the service under this Agreement and recipients thereof. Contractor will ensure cooperation and shall attend all meetings mandated by DAAS. C. Contractor will cooperate fully in conducting any auditing, monitoring, assessment and evaluation process. This includes making any program and/or administrative staff (fiscal, etc.) available as a part of the process and filing a corrective action plan within 30 days of notification of the exception. D. INSPECTIONS 1, Contractor shall make available to DAAS, State or Federal officials, its records and data with respect to all matters covered by this Agreement for inspection and audit. Said inspection and audit may be made at any time, during normal business hours (CDA PM, Part G, Section 93.21 N 8). ARTICLE V. INDEMNIFICATION AND INSURANCE A. Contractor agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising Contractor's acts, errors, or omissions, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law, B. Without in any way affecting the indemnity herein provided, and in addition thereto, the Contractor shall secure and maintain throughout the contract the following types of insurance with limits as shown: 1. Workers' Compensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Contractor and all risks to such page 9 of 26 97-248 persons under this Agreement. , , 2. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one-million dollars ($1,000,000). If applicable, contractors and subcontractors shall comply with the Public Utilities Commission (PUC) General Order No. 115-E which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows: $1,500,000 if seating capacity is 8 - 15; $5,000,000 if seating capacity is over 15; unless otherwise amended by future regulation. 3. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for bodily injury and property damage, and $3,000,000 in the aggregate, Qr 4. Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or occurrence. C. ADDITIONAl. NAKED INStIREIl All policies, except for the Workers' Compensation, Errors and Omissions, and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents, and volunteers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. D. WAIVER OF SUBROGATION RIGHTS Except for Errors and Omissions and Professional Liability, Contractor shall require the carriers of the above required coverage to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. E, POLICIES PRIMARY AND NON-CONTRIBUTORY All policies required above are to be primary and non-contributory insurance or self-insurance programs carried or administered by the with any County. F. PROOF OF COVERAGE Contractor shall immediately furnish certificates of insurance to DAAS, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, the Contractor shall furnish certified copies of the policies and endorsements. G. INSURANCE REVIEW 1. The above insurance requirements are subject to periodic Page 10 of 26 97-248 re'vi'ew', by the County. The County's Risk Manager is authorized, but not . requ ired , to reduce or waive any of the above insurance requirements whenever the. Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. 2. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Contractor agrees to execute any such amendment within thirty (30) days of receipt. ARTICLE VI. LAWSUITS Contractor understands and agrees that any/all legal fees associated with lawsuits against the Contractor, the County or State of California cannot be budgeted as a Contractor expense and shall be paid by the Contractor. ARTICLE VII. CONFIDENTIALITY A, Contractor agrees to comply and require its officers, agents, employees, volunteers to comply with the provisions of Sections 15633.5, and 10850 of the Welfare and Institutions Code. Any violation of the confidentiality required by this Chapter is a misdemeanor punishable by not more than 6 months in County jail, by a fine of $500, or by both fine and punishment. Respect for a client's right to privacy is of the utmost importance. Written consent from the client is desirable before releasing any information about the client to other agencies. B, Contractor will take steps to ensure that no information about, or obtained from an individual, and in the possession of the Contractor, will be discussed in a form identifiable with the individual, without the individual's informed consent. C, All client records are to be maintained in a locked file so as to safeguard information against theft, loss, destruction, or unauthorized use. ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE A. PERFORMANCE STANDARDS AND P~IES 1. If for any reason the Contractor's service, including service to targeted populations, falls 5% under or increases to 25% over the contracted level during any calendar quarter, the Contractor will submit to DAAS, within 30 calendar days, an analysis of the situation and if a problem exists the actions being taken to correct the problem. If the problem Page 11 of 26 97-248 , , persists and at the sole discretion of DAAS, DAAS and the Contractor may Jointly prepare a written corrective plan with the time lines for completion. If the Contractor fails to carry out the corrective action and does not meet a 100%- contract level within the required time frame, sanctions will be invoked. If, after all appropriate actions have been taken, the service level still falls to 5%- under or increases to 25%- over the contracted level, DAAS may in its sole discretion adjust the contracted level of service and the budget, thereby the funding, as appropriate. 2. The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to DAAS as a result of breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project, B. APPEAL PROCEDURES The provider shall file a formal written grievance with the DAAS Supervisor of Administrative Services within ten (10) county business days after the provider is aware of the factors or conditions precipitating the contract dispute. The written grievance shall set forth the subject of the grievance, identify the contract clause in dispute and shall provide a detailed statement of the grievance, including dates, names, places, and the specific remedy or action requested. The filing address is 686 E. Mill Street, San Bernardino, California, 92415-0640. The Supervisor of Administrati ve Services shall provide a written response to the provider within 10 county business days of receipt of the grievance. If the provider is not satisfied with the DAAS Supervisor of Administrative Services' response, the provider may file a written grievance appeal, which shall include a statement by the provider as to why Supervisor's response is not satisfactory, to the DAAS Director within 10 county business days of receipt of the Supervisor of Administrative Services' response. The filing address is 686 E. Mill Street, San Bernardino, California, 92415-0640. The Director will provide a written response to the provider within 10 county business days. If the provider is not satisfied with the DAAS Director's decision, the written grievance may be registered in writing with the California Department of Aging, Case Management Branch, 1600 "K" Street, Sacramento, California, 95814, within 10 state business days following receipt of DAAS Director's decision. The provider shall submit to the California Department of Aging the original written grievance along with a copy of Supervisor of Administrative Services' written response, the provider's appeal to the Director, and the Director's decision. The California Department of Aging will have final authority for the decision of grievance claims. C. EARLY TERMINATION DAAS may suspend or terminate this contract without cause upon thirty (30) days written notice to the other party, except that such suspension or termination shall be effective immediately in the case of threat to health or safety of the public. Page 12 of 26 97-248 ~TICLE IX. COUNTY RESPONSIBILITIES The County agrees to: A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Agreement and the quality and effectiveness of services provided based on the criteria as determined by the County. B. Provide consultation and technical assistance in monitoring the terms of this Agreement, C. Approve an audit firm, selected by the Contractor, to conduct a fiscal and program audit as specified in Article III. D. Compensate Contractor for approved expenses in accordance with Article III of this Contract, advising status. X. CONTRACTOR RESPONSIBILITIES GENERAL RESPONSIBILITIES 1. Contractor must be incorporated and is the County of any actual or impending change responsible for in incorporation ARTICLE A. 2. Contractor is to promote coordination with other supportive services. Contractor agrees to cooperate with DAAS in its efforts toward developing a comprehensive and coordinated system of services for the elderly by participating in joint planning efforts and other activities mutually agreed upon to meet this goal. 3. If the Contractor is a non-profit, private corporation, the following requirements shall be met: a. Training in program requirements, agreements with DAAS and non-profit board responsibilities shall be provided to all Board members. The training shall include but not be limited to: (1) Corporate officers and board member's responsibilities as defined by State law and this contract. (2) Contractor's placement of participants. responsibility for training and assigned Senior Employment Program b. The Board shall be representative of the client population and geographical regions served by the Contractor. c. Minutes of Board meetings shall be accurately maintained and reflect adherence to by-laws. 4, Contractor shall maintain and comply with written personnel policies and procedures consistent with the California Fair Employment and Housing Act. 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 personnel shall be maintained. Page 13 of 26 97-248 .' 5. Contractor is responsible for providing orientation and training for all paid and volunteer staff. Contractor shall insure training is provided at least quarterly for all personnel. The training shall include but not be limited to: a. Material from CDA Policy Memo 95-03 (P) Section H, and the Hazard Analysis and Critical Control Point Program appropriate to each employee or volunteer. b. The administrators of a volunteer program. c. The DAAS Management Information System (MIS). d. The preparation and submission of reports mandated by law and this contract. e, Appropriate referrals to DAAS Senior Information and Assistance Program. f. Employee training and placement responsibilities for assigned Senior Employment Program participants. 6. Contractor shall complete a written work performance evaluation annually on all paid and volunteer staff. 7. Contractor shall insure all paid and volunteer staff read and sign a certification of understanding of the Adult Abuse Reporting Act. 8. Contractor shall provide the County with photocopies of all inspection reports or certificates immediately. 9. Contractor shall conduct activities to target seniors and minority individuals for service. Activities shall include, but not be limited to, outreach and a written analysis of the Contractor's success in targeting services to minority individuals within their service area. B. SERVICES TO BE PROVIDED Contractor shall provide all program services and perforlil all activities identified in Attachment A to this Agreement for Fiscal Year July 1, 1997, through June 30, 1998. Contractor shall, in a satisfactory manner, as determined by DAAS, conduct, administer and provide nutrition services for the elderly as defined in the PROGRAM WORK PLAN, Exhibit A-1, and PROGRAM BUDGET, Exhibit B, B-I and B-2, and CERTIFICATION REGARDING LOBBYING, Exhibit C, which are attached hereto and incorporated therein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this contract as those fully set forth here. 1. Contractor is to serve meals that are nutritious, safe, and of good quality, 2. Contractor is to promote and maintain high food safety and sanitation standards. 3. Contractor is to serve hot or other appropriate meals at least once daily, five or more days per week. 4. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize leftover food and prevent page 14 of 26 97-248 " wa'ste. 5. Correct and consistent portions shall be served to all participants. 6. Appropriate food containers and utensils for blind and handicapped participants shall be available on request. 7. All participants are to be permitted to eat a leisurely meal. 8. Meals are to be served in a courteous and friendly manner. 9. Contractor shall consider the cultural, religious preferences and special dietary needs of elderly persons. 10. Contractor is to serve meals in an approved site, The meals are to be served in a facility where elderly persons will be welcomed and comfortable. 11. The facility is to maintain adequate lighting and ventilation. The facility is to meet all applicable health, fire, safety, and sanitation regulations. 12. Contractor is to provide restrooms that are clean, adequate, and well-equipped. 13. Contractor is to provide tables and chairs that are sturdy and appropriate for elderly persons. Tables are to be arranged to assure a pleasant atmosphere and to encourage socialization. 14. Contractor shall provide a sufficient number of tables surrounded by adequate aisle space (3 feet, 8 inches) to allow for persons with canes, walkers, crutches, or wheelchairs to move with ease. 15. Contractor shall provide appropriate table settings. Disposable dinnerware shall be resistant to buckling, spillage, nonporous, sanitary, attractive, shall not melt, shall not bend, and shall not splinter during normal use. 16. Contractor is to provide for celebration of special occasions by participants. 17, Menus shall be approved by the DAAS nutritionist and shall comply with the following requirements: a. Menus shall be planned for a minimum of four weeks. b, Menus shall be posted weekly in a spot conspicuous to participants at each site, as well as in the preparation area. c. Menus shall be easy to read and in language of the participant group. d. Food items shall be varied within the week and menu cycle. Food items shall not be repeated two days in a row or on the same days of consecutive weeks except on documented preference of the participants receiving the meals. Variety of food and preparation methods, including color, combinations, texture, size, shape, taste, and appearance shall be provided. e. Menus shall reflect seasonable availability of food. f. The restricted use of carbohydrate foods, salt, and Page 15 of 26 97-248 .' saturated fats shall be considered. . . 18. Contractor shall ensure the program director has completed a minimum of 15 semester units of instruction in food service sanitation. 19. Whenever two or more persons manifest the symptoms of food borne illnesses within a similar time frame after consuming nutrition service food, Contractor shall notify the local health authorities to initiate an investigation. Contractor shall immediately notify DAAS within twenty-four (24) hours of such an occurrence. 20. Contractor shall provide semi-annual training or more frequently, depending on staff/vOlunteer/participant turnover, regarding the sources and prevention of food borne illnesses. 21. Contractor must provide each elderly person with a free and voluntary opportunity to contribute to the cost of the service. Contractor must protect the privacy of each person with respect to his/her contribution and establish appropriate procedures to safeguard and account for all contributions. 22. Contractor must develop a suggested contribution schedule for services which considers the income ranges of elderly persons in the community, Suggested contribution schedule is to be approved by DAAS. 23, Participants are to be screened to determine if a need exists for other services and referred to Senior Information and Assistance Services for follow-up. 24. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. 25. Contractor shall maintain a designated Project Council composed of nutrition site participants. 26. Contractor shall provide a system through which seniors will have the opportunity to express and have considered their views, grievances, and complaints regarding the delivery of services. The procedure must be in writing and made available to all recipients of services. 27. Contractor shall employ bilingual staff and/or volunteers within service areas where a language other than English is commonly spoken, C. LAWS. LICENSES. Eo STANDARDS 1. The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws including, but not limited to, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgement. 2, Where the State or local public jurisdiction within the State requires license and/or standards to be met, for the provision of services, the Contractor and its subcontractors will, in performing the services required under this contract, obtain all necessary licenses and/or permits and maintain such licenses and permits for the full term of the contract. If page 16 of 26 97-248 license and/or standards are required, verification of license and/or ,standards will also be required' 'and will occur in conjunction with monitoring visits. 3. The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards. D. FISCAL RESPONSIBILITY Contractor will ensure that all expenditures are supported by properly executed payroll, time records, invoices, contracts, vouchers, orders and any other accounting documents pertaining in whole or in part to this contract. Such documents will be clearly identified and readily accessible to DAAS staff, as may be required. E. CONFLICT OF rNTEREST Contractor shall make all reasonable efforts to ensure no conflict of interest exists between its officers, agents or employees. Contractor shall make all reasonable efforts to prevent employees, consultants or members of governing bodies from using their position for purposes that are, or give the appearance of, being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business or other ties. In the event the County determines a conflict of interest situation exists, any increase in costs associated with the conflict of interest may be disallowed by DAAS and such conflict may be grounds for termination of the agreement. F. PROHIBITION AGAINST NEPOTISM Webster's Ninth New Collegiate Dictiona~ defines nepotism as follows: "Favoritism shown to a relative (as by giving an appointive job) on a basis of relationship." Persons selected for project staff positions, after the effective date of this contract, may not be within the immediate family of other contractor staff in positions of authority, members of the contractor's governing board, or DAAS staff. Individuals within the immediate family of project staff may not serve on the contractor's governing board. An individual may have been selected or elected to the governing board before the effective date of this contract, who has immediate family employed by the project. Either the Board member or the employed member(s) of the board member's immediate family must resign from their position(s) within thirty (30) days of the effective date of this contract. Immediate family is spouse, child, grandchild, mother, father, grandparents, brother, sister, mother-in-law, father-in-law, daughter-in-law, son-in-law, aunt, uncle, niece, nephew, and members of the same household. G. AMENDMENTS TO CONTRACT Any contract change requires initiation of a change to the contract in writing. Modification or amendment, as determined by DAAS, shall be signed by both parties. H, GREATEST BCONOMIC OR SOCIAL NEED The Contractor understands that one of its responsibilities under Page 17 of 26 97-248 , '" this contract is to ensure that "preference will be given to providing .services to older individuals with the greatest economic or social needs (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98- 459, 306 (a) (5) (A) (u) (I) (II)." "The term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term 'greatest social need' means the need caused by non-economic factors which include physical or mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently, (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (B)). Minimum program goals relating to minorities within this contract have been established by computing the percentage of minority elderly over 60 within the geographic area served by the Contractor. I. CONTRACTOR INDEPENDENCE The Contractor and the agents and employees of the Contractor in the performance of this Agreement shall act in an independent capacity and not as officers, or employees or agents of DAAS, the County of San Bernardino or the State of California. J. TRAINING AND MANPOWER DEVELOPMENT The Contractor agrees to participate in appropriate staff training and development provided by DAAS, the CDA and the Administration on Aging. K. RECORDS 1. The Contractor shall, at all times during the term of this Agreement, maintain complete fiscal, program and management records (whiCh shall include, but not be limited to, accounting records, grants, agreements, letters of agreement, insurance documentation in accordance with Article V, Memoranda and/or Letters of Understanding and client records) of its activities and expenditures hereunder in a form satisfactory to the County and/or State and in accordance with generally accepted accounting procedures. All records pertaining to the project shall be available for review and audit by the County, State or Federal government or their duly authorized agents, at any time during normal business hours. All such records must be maintained and kept available by the Contractor, (a) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by DAAS, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections B or C, or (c) for such longer period as DAAS deems necessary, which will be a minimum of three (3) years after final payment under this Agreement. 2. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in Section 1. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and kept available until every action has been Page 18 of 26 97-248 cleared' to the satisfaction of the County and/or State and the Contractor is advised in writing of the resolution. 4. Adequate source documentation of each transaction shall be maintained relative to the allocability of expenditures reimbursed by the County under this Agreement. If the allocability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to generally accepted accounting principles, the expenditures will be questioned in the audit and may be disallowed by the County and/or State during the audit resolution process. a. Accounting Records (CDA PM, Section G, Paragraph 93.7a) The Contractor shall provide for adequate accounting systems and procedures to control and support all fiscal activities in accordance with policies issued by the Administration on Aging and the California Department on Aging, The Contractor shall provide for those designated in the Chart of Accounts as identified by the categories in the budget display. It is mandatory that the Contractor report fiscal operations to DAAS using the categories of transactions detailed in the Chart of Accounts. b, Internal Control (CDA PM, Section G, Paragraph 93.11 through 93.21) Effective control and accountability shall be maintained for all grant cash, real and personal property and other assets. Contractor shall adequately safeguard all assets and shall assure that they are used solely for authorized purposes. c. Budgetary Control (CDA PM, Section G, Paragraph 93.23) All budget changes within major categories, such as Salaries and Benefits, Equipment or Other Costs exceeding 10\ of the approved budget, for that major category, represents a departure from the approved project plans and require DAAS' approval. Budget modification requests will be made to DAAS in the form of a written justification outlining specific shifts of funds that will be made, Note: The total amount of the change must not result in the Title III funds exceeding the contracted amount for all Title III funds, d. Allowable Costs (CDA PM, Section G, Paragraph 93.31) OMS Circular A-122, "Cost Principles for Non-Profit Organizations" shall be used as a guide for determining allowable costs. e. Source DocUJllentation (CDA PM, Section G, Paragraph 93.39) Accounting records shall be supported by source documentation such as canceled checks, original invoices, time sheets and payroll records, grant and contract award documents, in-kind documentation, etc., which are maintained to comply with record retention requirements. L. REPORTS 1. Contractor, at such shall furnish statements, times and in such forms as DAAS may records, reports data and information require, page 19 of 26 97-248 ~equested by DAAS pertaining to Contractor performance of services hereunder and other matters covered by this Agreement. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion, (In the event of changes in these forms, DAAS shall advise the Contractor via written notice) . The Contractor shall develop and implement a process for ensuring quality control. 2. Contractor shall meet the following standards for its financial management systems, as provided in the Title III Program Manual: a. Financial Reporting (CDA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of each program shall be made in accordance with the financial reporting requirements of the grant. The following reports are to be submitted to DAAS when indicated: 1) Monthly (Due by 5th working day of the month.) Monthly Nutrition Program Expenditure Report/Request for Reimbursement 2) Semi-annually Budget Revision #1 (Due November 1) Budget Revision #2 (Due March 31) 3) Annually Financial Close-out Report (Due August 1) Periodic Inventory (Due August 1 with Closeout) Audit Report (Due October 31) Revised Financial Close-out Report (Due October 31 with Audit Report) b, Program Reporting The following reports are to be submitted to DAAS when indicated: Monthly (Due by the 5th working day of each month) III B Monthly Supportive Services Report III C1, C2 Monthly Nutrition Report Quarterly program modification request in writing to DAAS. Contractor will describe, in detail, necessary program change(s) and the reason(s) for the requested modification. 3. DAAS may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Contractor, until such time as DAAS determines that the financial management standards are met, 1) 2) Department Data Base. 4. Contractor is required to work in conjunction with the of Aging and Adult Services in developing and maintaining a Client Unless otherwise specified, the National Aging Program Information page 20 of 26 97-248 System. (NAPIS) Ontrack client tracking system will be used to collect data. The Contractor is responsible' for filling out the Client Intake Form, and transmitting the client information to DAAS on an ongoing basis. The Contractor is also responsible for all equipment installed at their site(s) which will be used to automate client units of service, Said Contractor is responsible for maintaining the equipment in good working order and replacing the equipment should it be damaged and/or stolen. Unless otherwise specified, equipment installed at each individual site includes one (1) DuraWand, one (1) Fax Modem, and one (1) Wall Timer. M, PROPERTY KANAGEMENT 1. All equipment purchases over $500,00 require the written approval of the Director of the Department of Aging and Adult Services or his designee prior to purchase. 2. All equipment, materials, supplies or personal property of any kind purchased with contract funds provided herein shall be in accordance with CDA PM, Part G, Section 93.19, and if not fully expended or consumed prior to the termination of this contract shall be the property of the CDA, unless otherwise directed by the CDA. All equipment must be used to conduct business under this Agreement. 3. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. The Contrac~or shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. 4. The Contractor shall record the following information when property is acquired: a. Date acquired, b. Property description (include model number), c. Property identification number (serial number), d. Cost or other basis of valuation; e. Fund source; and The Contractor shall keep track of property purchased with funds under this Agreement. The Contractor shall submit to DAAS, annually with the Closeout, a current invencory of property furnished or purchased with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose. S. a. The disposal, loss and/or destruction of property or equipment shall be fully documented by the Contractor with copies thereof provided to DAAS along with the monthly expense report for the month in which the loss occurred. b. The Contractor shall immediately investigate and within five (5) days fully document the loss, destruction, or theft of such property. c, Loss by fire, vandalism, or theft must be immediately reported to the fire department or law enforcement agency, as applicable. A copy of the fire department or law enforcement agency report of the incident Page 21 of 26 97-248 shall also be forwarded to DAAS. d. DAAS shall be notified of the loss within seventy two (72) hours of the discovery of the loss. 6. The Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such property during the period of the project and until the Contractor has complied with all written instructions from the State via DAAS regarding the final disposition of the property, 7. In the event of the Contractor's dissolution or upon termination of this Agreement, the Contractor shall provide a final property inventory to DAAS. 8. The Contractor shall use the property for the purpose for which it was intended under the Agreement. In no instance shall equipment be loaned to other programs or organizations without the written approval of the Director of the Department of Aging and Adult Services or his designee. 9. The Contractor or subcontractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-owned business entity. 10. If purchase of equipment is a reimbursable item, the equipment to be purchased will be specified in the budget. 11. The Contractor shall include the provisions contained in Article III, Section E in all its subcontracts awarded under this Agreement. 12. Equipment that is worn beyond economical repair must be reported to DAAS on the monthly expense report. It shall be the responsibility of DAAS after receiving this report to instruct the Contractor as to the proper method of disposal. 13. Once Contractor has received disposal authorization for a vehicle to be salvaged, Contractor shall ensure that all identifying lettering, signs, etc., are removed. 14. Prior to replacement of any property, Contractor must obtain written authorization from DAAS. 15. Any equipment purchased with contract funds will be subject to inspection, over the life of the equipment, and if not used, under-used or misused, may be claimed by DAAS for redistribution to other DAAS projects. 16. Vehicles purchased with contract funds shall also have the following language painted or affixed by other means on the vehicle: "Vehicle purchased with Older Americans Act Funds." 17. Any equipment purchased shall be reported on the Expenditure and Claim for Reimbursement Report for the month in which the equipment was purchased. DAAS will verify approval for purchase was given prior to the purchase of the equipment. 18. Equipment will be periodically inventoried by DAAS to insure all equipment purchases are properly approved, documented, and recorded on the Page 22 of 26 97-248 inve~t6ry. Significant violations may result in the imposition of sanctions. N. 'Contractor shall notify the County, in writing, of any change in mailing address and/or physical location within (10) days of the address change. 0, Contractor shall comply with all applicable local health and safety codes, including fire clearances, for each site where program services are provided under the terms of this contract. ARTICLE XI. GENERAL PROVISIONS A. This Agreement has no force or effect until signed by both parties. B. County shall have Power of Attorney to pay delinquent debts and unpaid wages incurred by Contractor, from appropriated funds under this contract, in the event debts and wages have not been paid or are not current. C. Contractor understands and agrees that the contract shall be governed and construed in accordance with the Older Americans Act of 1965 as amended and with California State and Federal laws. D. The Contractor and its subcontractors shall not lawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age or marital status, denial of family and medical care leave and denial of pregnancy disability leave. The Contractor and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment, The Contractor and its subcontractors agree to fully comply with the laws and programs (including regulations issued pursuant thereto) which are listed following this paragraph and/or referenced in other sections of this contract, Such compliance is required to the extent that such laws, programs and their regulations are by their own terms, applicable to this contract, Contractor warrants that he/she will make himself/herself thoroughly familiar with the applicable provisions of said laws, programs and regulations prior to commencing performance of the contract, DAAS will provide assistance to Contractor in obtaining copies of said laws, programs and regulations upon request. To the extent applicable the provisions of said laws, programs and regulations are deemed to be a part of this contract as if fully set forth herein, 1. The San Bernardino County Affirmative Action Compliance program, policy 11-15, Minority Business Enterprise (MBE) 15% and Women Business Enterprise (WEE) 5%, 2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, Title V, Section 503 (a), Pub. L-93-508, Title IV, as amended, Section 402. (38 USCA 2021-2027). 3. California Fair Employment and Housing Act, Government Code Section 12900 et. seg. This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under Page 23 of 26 97-248 this Agreement. 4, Civil Rights Act of 1964, as amended in 1991 (42 USCA 2000a to 2000h6) and Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60). 5. Drug-Free Workplace Act of 1990. 6. Title III Program Manual for Area Agencies On Aging 7, Grants in Excess of $100,000. Clean Air Act as amended (42 USCA 7401); Clean Water Act as amended (33 1368); Federal Water Pollution Control Act as amended (33 USCA 1251, et, seq,); and Environmental Protection Agency Regulations (40 CFR Part 15 and Executive Order 11738) . 8. Contractors Participating in Facility Construction or Repair Davis-Bacon Act (40 USCA 276a-7) (29 CFR, Part 5); Copeland "Anti-Kickback" Act (18 USCA 874, 40 USCA 276a) (29 CFR, Part 3); Grant Work Hours and Safety Standards Act (40 USCA 327-330) (29 CFR, Part 5); and Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor Regulations (41, CFR Part 60) , 9. Provisions Against Lobbying Exhibit C to this contract entitled "Certification Regarding Lobbying". 10. The Americans With Disabilities Act of 1990 (42 USC 12101.) The purpose of the Act is to support individuals with disabilities to access employment and various services in both the public and private sectors. The Act establishes civil rights for individuals with disabilities. 11. Elder and Dependent Adult Abuse Reporting Requirement Contractor will ensure that all known or suspected instances of dependent adult abuse are reported to DAAS Adult protection Services elder or Staff, In accordance with Welfare and Institutions Code 15630 (a) all employees of the contractor and its subcontractors are mandated reporters of elder and dependent adult abuse, Mandated reporters are required to report all instances of physical abuse of elderly and dependent adults and may report other types of abuse. Physical abuse must be reported under the following circumstances: 1) When the reporter has observed an incident that reasonably appears to be physical abuse; 2) When the reporter has observed a physical injury where the nature of the injury, its location on the body, or the repetition of the injury clearly indicates that physical abuse has occurred; 3) When the reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse. A telephone report of physical abuse must be made immediately or as soon as possible. A written "Report of Dependent Adult/Elder Abuse (SOC 341) must follow within two (2) working days, Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: 1) If the abuse has occurred in a long term Page 24 of 26 97-248 care'fa~ility, except a State mental hospital or State developmental center, the report shall be made to the local Long Term Care Ombudsman or local law enforcement; 2) If the abuse has occurred in a State mental hospital or State developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement; 3) If the abuse occurred anywhere other than a long term care facility or state mental hospital or state developmental center, the report shall be made to Adult Protective Services or local law enforcement. Under the terms of this contract as changes in the Elder and Dependent Adult Reporting Law are enacted the contractor is bound to comply with the most current regulations. E. Disaster Preparedness In order to provide emergency assistance or continue services to at- risk elderly or dependent adults in the event of disaster, Contractor will maintain accurate lists of all clients who are receiving home-delivered meals and/or other services due to impairments which render them at risk of serious injury or death. Contractor will coordinate and report disaster services and issues with DAAS. F. Publieations Any books, reports, pamphlets, papers, articles, or other materials published or transferred, including newspaper reports, based on activities funded by this contract, must (a) carry an acknowledgment of funding by the San Bernardino County DAAS. The following language should be used: "These materials or products are the result of a project funded in part or in whole by the County of San Bernardino Department of Aging and Adult Services through the Older Americans Act, as amended;" (b) give the name of the entity, the address, and telephone number at which the supporting data is available; (c) include a statement that the conclusions and opinions expressed may not be those of the State and/or DAAS and that the publication may not be based upon or inclusive of all raw data. G. Copyrights If the contract results in a book or other copyrightable material(s), the author is free to copyright the work, but DAAS reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material which can be copyrighted resulting from the contract, H. Unauthorized Aetivities All activities not expressly authorized by this agreement shall be prohibited without the express written permission of the DAAS Director or his authorized agent. I. Binding Contraet In the event any portion of this eontract is found to be invalid, the remaining portions shall continue to constitute a valid and binding contract. J. Religious Activity Prohibited Contractor agrees it will not perform or permit any religious proselytizing activities in connection with the performance of this Agreement. Page 25 of 26 97-248 '. K. Entire Agreement This Agreement consisting of 26 pages, Attachments consisting of a 5 page Work Plan and Exhibits A-1S, B through B-2s, and C inclusive, is the full and complete document describing services to be provided by the Contractor to the County. There are no other or further written or oral understandings or agreements with respect to this Agreement. No variation or modification of this Agreement and no waivers of its provisions shall be valid unless in writing and signed by all parties. ~ Chair CITY OF SAN BERNARDINO (State if corporation. company, etc,) By~ ~< -:).-tf~ (Authlrized Signature) Dated 7 -;r3'" <f 7 Title !J:>i. b k_ County of San Address 547 N. SIERRA WAY By SAN BERNARDINO, CA 92401-1211 Date un ~~?;/ Reviewed as to Affirmative Action ~~~ Dat;'. '/',";</, 97 Reviewed for Processing ~ Agency Administrator/CAD Date 02-12311-000 Rev. '1190 Page 26 of 26 97-248 Attachment A page 1 of 5 Work Plan City of San Bernardino FY 97-98 This WOlk plan contains 1he measurable objectives mandated by DAAS of the Nutrition provider. The workp1an specifies and establishes time frames either on an annual basis or where required by stale regulations on a quarterly basis. The work plan constitutes 1he primary document for on-going monitoring, Annual Program Performance ReviewfFiscal Audit and will be used to measure the providers efforts towards providing quality Nutrition Services. I. Program Description A. Geographic Area/Clientele & Eligibility Criteria 1. The geographic area served by this contractor covers the communities of San Bernardino and Highland. 2. The clientele for congregate nutrition consists of: a. Seniors 60 and over; b. The spouse of any person 60 and over; c. Handicapped or disabled individuals who reside in a housing facility occnpied primarily by the elderly at which congregate nutrition services are provided, d. A handicapped or disabled child who lives with an elderly individual and; e. Any volunteer regardless of age who volunteers his/her time at a meal preparation site at least eight hours per month. 3. The clientele for Home-Delivered Meals consists of: a. Seniors 60 and over; b. The spouse of any person 60 and over; c. A non-elderly person who lives with an individual receiving Home-delivered Meals; d. Handicapped or disabled individuals who live with the elderly client, and; e. Any volunteer regardless of age who volunteers hisfher time at a meal preparation site at least eight hours per month. B. Program Description 1. Purpose: Nutrition services are provided to assist older individuals to live independently by promoting better health through improved nutrition and reduced isolation through a program coordinated with other supportive services. 2. Definition: Nutrition services include the procurement, preparation, transport, and service of meals to older persons at congregate sites or in their homes. C Intended Outcomes 1. Serve 339 Congregate meals per day that are nutritious, providing at least 113 of the minimum daily requirements, served in an environment that is pleasant, safe and free from coercion at least 254 days per year for a total of 86,106 meals per year at the sites listed in Exhibit A-I. 97-248 Attachment A page 2 of 5 2. Provide Congregate meals to at least 1,000 unduplicated seniors of which 110 are minority low-income seniors. 3. A Program Dietitian, meeting the requirements set forth within PM 95 03 (P), 145.3b, will provide a minimwn of 20 hours of ..,tivity to provide functions mandated by the State of California. Those functions include approval of the contractors menus, staff training, nutrition education activities, and monitoring. Contractor's menus will be approved by the dietitian ~ submission to the AAA Dietitian for fmal approval and certification prior to use as specified within PM 95 03 (P), 143.3 a, 6. Staff training will be provided as specified within PM 95 03 (P), 147.5. Nutrition education services shall be provided to homebOlmd and congregate sites as specified within PM 9503 (P), 145.11. Nutrition counseling shall be provided to homebound and congregate participants as specified within PM 9503 (P), 145.13. 4. Provide outreach in the community through a minimwn of 12 presentations to community groups, organizations, etc. and through door-to-door contact to new seniors of at least 254 presentations which represents at 1east 254 hours of outreacb activity, and is exclusive of the periodic home visits conducted by 1he provider to their current participants homes. All outreach will be docwnented and kept on me for the Annual Program Performance Review. 5. Conduct a client satisfaction swvey at least once a year if not more often. The swvey instrument must be approved by a designated DAAS staff prior to its use, and all fmdings from the swveys must be used to improve seIVices. The returned surveys and the tabulated results must be kept on me for review by DAAS. A copy of the tabulated results must be sent to DAAS. 6. Prepare posters and signs in languages other than English, and post the signs in such locations as churches, community service locations and small stores serving the minority communities. U. Service Delivery Activities A. Staffing and Volunteers Sufficient personnel shall be available to carry out the needs of the program. lbis includes a Project Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this workp1an and contract. 1. Paid Staff FTE o/oC1 o/oC2 a Food Supervisor 11 1.00 100 0 b. Food Supervisor I 1.00 100 0 c. Food Worker 11 1.00 100 0 d. 2 Food Worker \'S \.00 100 0 e. 3 Site Coordinators! Recreation Leaders 1.13 100 0 f. Senior Recreation Leaderl Accountant! Accountant T echf Kitchen Helper \.00 100 0 g. 2 Food Service/Delivery Persons \.00 100 0 h. Administrative Assistant! Recreation Specialist .60 100 0 i. Senior Recreation Supervisor .25 100 0 97-248 , Attachment A page 3 of 5 j. 4 Kitchen Helpers 2.00 100 o 2. Volunteer Staff a. Volunteers constitute individuals who work at least eight hours per-month without pay in the performance of essential duties at a Congregate or Home-delivered kitchen. b. Volunteers shall be recruited and used in all phases of services operations. Volunteers shall: i. Be screened and selected through a formal process that assesses their capabilities, and; ii. Not replace paid personnel. c. Individuals who work at a meal preparation site for either Congregate or Home-delivered Meals and are paid through Job Training and Partnership Act, Senior Employment, Work Study, or any other job training program are not considered volunteers and must pay the agreed upon rate charged for regular paid staff. B. Stalfmg Definitions-Nutrition Services Project Director: The minimum qualillcations for a Nutrition Project Director include individuals with an associate degree with emphasis in: 1. Food services management; or 2. Business administration; or 3. Personnel and/or Human Resources Management, or Gerontology; and 4. Two years of experience with increasing responsibility. C. Training Activities I. Provide training quarterly, at a minimum, to improve the ability, knowledge, and skills of paid and volunteer staff of the nutrition program. A written training plan shall be prepared as specifiedwilhin PM 9503 (P), J 47.5. in order to comply with this requirement. The written staff training plan is to be implemented and placed on file by September 30, J 997, and be available for review by DAAS staff. In addition, annually evaluate the paid staff and volunteer's performance to determine hisfher effectiveness, skill development and understanding of the tasks they are assigned. Documentation of the annual evaluations will be kept on me at the provider's main office for review by DAAS during the Annual Program Performance Review. 2. All Project Directors and food service managers shall complete a minimum of 15 clock hours specifically related to food service management, business administration, personnel, or personnel management Proof of completion will be docwnented and kept on me for review by the Department during the Annual Program Performance Review. 3. All Project Directors and food service managers shall complete a minimum of 15 clock hours specifically related to food sanitation and health. Proof of completion will be documented and kept on me for review by the Department during the Annual Program Performance Review. D. Service Locations Central Kitchens 1. 5th Street Senior Center Site 2. Hernandez Site 3. Lytle Creek Site 1. 5th Street Senior Center Site 2. Perris Hill Senior Center Site 97-248 Attachment A page 4 of 5 4. Highland Site 5. Nicholson Site 6. Perris Hill Senior Center Site 7. Enterprise Center Site 8. Adult Day CarefHighland Site E Menu Planning 1. Coordinate with 1he Department's Nutritionist by providing monthly menus. No change to the menus will occur without a two day prior notice to DAAS and proper documentation kept on me at the provider's main office. 2. Develop menus that are reflective of the participants food eating habits. Particular attention shall be paid to ethnic and regional foods which should be served at least once a week if not more often. m. Other Service Requirements A. Meal Site Physical Set-up 1. Provide an attraotive environment including but not limited to table cloths, table decorations, bulletin boards, wall decorations, matching dishes and utensils. Further, the provider will encourage creative, appealing. and innovative aCtivities aimed at encouraging greater participation by the seniors. 2. Post floor plans identifYing emergency exits, assembly areas, etc. and conduct evacuation drills at least twice a year. Proof of evacuation drills will be kept on me duly signed by the Fire Marshall, or other authorized agency within the community where the site or sites are located. 3. Post "NO SOLICITING" signs on the door leading into each Congregate site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses. B. Donations and Confidentiality 1. Maintain a written donation policy and appropriate procedures to safeguard and account for all contributions. 2. Encourage seniors to donate by posting motivational signs, and by verbally reminding participants about the importance of their contributions. 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 senior participants. Tactics such as placing volunteers to guard the collection boxes, having participants sign-in and pay before amea1 ticket is given, etc., are strictly prohibited by this work plan and contract. Further, no exchange of money for the purpose of making change will be allowed at the collection box. 3. All contributions, including those for guest and staff meals, shall be used to increase the number of meals, to facilitate access to nutrition services, and to provide other supportive services directly related to nutrition. C. Coordination Activities I. 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 by September 30. 97-248 Attachment A page 5 of 5 2. Include 1he following statement on a1l 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". 3. Coordinate service with other county departments and local agencies by providing time for presentations or special ..mvmes that promote a Community Bas<tl System of Care for the elderly participants attending their sites. All such activities must be documented and kept on me for review by DAAS. D. Reporting Requirements L Report all known or suspected cases of elderly abuse to OAAS 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 hann or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical hann or mental suffering. 2. Report accuratemea1 counts on CDA 187 & 188 forms which will be verified by OAAS during the Annual Audit. Additiona1ly, establish andit mes which include but are not be limited to a copy of the 187 report attached to the meal sign-in sheets supporting meals reported on the COA 187 form, and a copy of the 188 report attached to source documents, i.e. route sheets supporting meals reported on the COA 188 form a1l of which will be kept on me by month for annual review. 3. Report monthly expenditures to DAAS by the 5th working day of the month. Maintain support mes including but not limited to invoices, payroll, and other supporting documents, a1l of which will be attached to a copy of the expenditures report and kept on me by month for review during the Annual Audit. 4. Maintain records, by month, that support claimed in-kind expenditures. 5. By September 30, report expenditures funded with Oeferred Income. 6. Develop and have on hand, for review by DAAS, a cost a1location plan which explains the methods used to a110cate costs between Congregate and Home-Delivered Meals or any other program funded by OAAS, such as Home Repair, etc. In the event additional funds become available, the provider 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 provider. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions being imposed. 97-248 , , ... .." : J .! 1 . -" : ~ : ::I - ... . Ie '5 ::t ~ II ~:II: ~ l '6 ~ ~ 'tl ~ ; > 1 "" 1'1 ... 1 .! 51! ~ U ! :I- j;: C . .. 0 " .. t3 . . ~ :z: .! " .0 1.!" c ,. l .. "~etl.. ~r-~i"0 E z :I 'j D< 1 _ ~ _ " . .. . '" i - . u :: .! .! 0 ~ i 1;1 .. I 'i : U ~.q 0 .. :.- . -- .. c .. c :.!~. ~ t: : c '5 . ~ ~ :I: : :. .. ,.....j.....!...-1,.....;,.....;,.....;,.....j,.....; .. ~ ~ 1 .,.. ...1.!2~...j...j~...:t...:r...:r..:r...:r g U i :i 5 ~ ~l ~ ~ ~ ~ ~ ~ ~ i " .. g 1.l~ U (j I, .,; ::; I ~I ~ g a- ~ a- :; :! a-j "" !l " .. 1.! l Z -I ~ ~ So "I'" So So '"1"'1'" EU-'\'~o 'i ~::I' D< Z .-4 .( .. " . " . 'Ii . .. u l!! c . ~ I . '1 to ,,":I ~ a li!!: ~ +01 - rn ... - IS -= r:rJ ~ in !:c;:-,( u ~...~<tl ~. .I_.:,,~~ <. ...i'.! .1.., ~- ,~': -."" .~~;.... ::;s;;ga-~a-:; "" ... <ll ... "" " <ll <ll <ll U N ~ ""0 <ll U " "'." '" o C QJ,.....; ..... "'"" oS c c:: -' ~ <ll <ll > '.... u:l :x: ...J_ ': 'I' l.\ 'T I:', <ll <il ..... ~ ~ '" '" "" <ll U "" ... g ~ .;J ~ <il 0 "" <il U o '.-l "1"'l +J ..c: ,.,......! ...-1 U 1-0 .c ::l '..-1 c1J ::l ""0 Z c.. c.. < .; ,;. .." ..,. i ICj ....'.. .' . ::? "I'. I , .. . .....1 :.':; I...... .. "' ... .. .. :I o U " Z ;; g '" ! i .. .. c .. c oj I .. i ! . . . . I .. U . ! .. . :i I I 1 00 ~ lH .. 0" ~e ~5"'t *z~~ o~~ffi ~~8" h;~ .. ~:I ~ ~ a ~ i mn .. . . ;; . . " ... . . . .. . ... ~ ;; .! .Ii ... & . a .. 'I f~ . . . .. .. . ... ;; . . ! 'j ! i 1'1 is lL 1 r . . . .Ii .Ii : :I ... . q N U ~ '" N ~ .. 1 d I 'II - ! 1 -.. . . . .. = I S !~.. i "o! i ~l . .u..~ -: .... -! 1 S c. . ,.....j i! W .. J .. .. c iol.. c · e~l. ~ .!. ~ J.I lH 1 ;;sl o~ i gS! ~ g .... ... ~8;i ~ni ~~ '" t ~!h "i jO~.' ..~ .. ~ _ln1i" h~~ i i~'h~ "'.~l2] '1-"1. H8i ~ .::dp! IOIQiQ~ i~B:~I! ~ .i~19J-tll: m hJ~.da~ icl.!IJ'li "'5z,,;1' f:o -::':~'Zll.., I !-P,sil1''' ilolli~..J" ":i-'.i~ > .:. J: ~ ~ . = u J: u a . t - a- M M .... a- M M . . - u 01 =! is .d 97-248 , CITY OF SAN BERNARDINO EXHIBIT "B" BUDGET SUMMARY FY 1997-98 FY 1997-98 FUNDING EXPENDITURES: S196.317 REVENUES: Title III, Older Americans Act C-1 C-2 $149,017 o $149,017 U.S. Department of Agriculture C-1 C-2 $ 47,300 o $ 47,300 TOTAL REVENUES: S196.317 u u ~ '-lI" .a;" ... "'-" .., ....... A.A... ... _ _ ... ,...~ FOR MO/YR .. to MO/YR .. " c Cl~ c2D m BD m D 0 m YO vn OMBO VII ELD ABUSE 0 Other Funding Match less Match Ccztl h-Krd Total EXPENDITURE CATEGORY 1, PERSONNEL 2. STAFF TRAVEL 3. ST:\FF TRAINING 4. EQUIPMENT 5. CONSULTANTS 6. FOOD COST * 7. OTIIER COST 137,597 20,000 157,597 800 1,400 1,400 5 000 126,000 1,000 00 127,000 TL 31,300 TL 82,900 114,200 / Total Expenditure Le3s Match Match Cash Match In-kind 302,097 103,900 405,997 . .. LESS FUNDING: , Non Match USDA x .55 Non Match Cash Non Match In-Kind 86,000 Program Income ~, Deferred Income 47,300 47,300 103,900 103,900 105,780 105,780 FEDERAL SHARE 149,017 149,017 DATE OF SUBMISSION PROVIDER NAME 5-12-97 City of San Bernardino Parks, Rec, & Community Svcs. Dept, INITIAL BUDGET [xx I REVISED BUDGET 0 SAN BERNARDINO COUNTY. OMS form 312.Revised 07(21/95 C) 7 - ;?f/? 97-248 -E~H B '~.-' rnU!J[ID@~1r :~.~ :.~tIDru~)?'~'~~'/ ';'. . '. .- C] rm C~ D. .. -~:";:J:~. ,.~.:::. ~~":-: :~.tk'@o :rfi,"'~;..:!:'::-:;\.;.: :;;:';,';':;;-~".;' ..!; INfnAl BUDGET!;:; ~ : ..'.. ';_:"."~",-'..-'~.:.:5'.:,'_ ....~-:.. ~... .~:'..: :"!-:,:;":"~,,:.,:,,,,"":,,~;,,.'~;..~...~~::..-::.:,,,..t:-:~ .".;...:. '... '., ~ ;nr.BDI11:O 9:: :~.; ~@~f~t.{~t-";:'{~q)~.~Nill";tc':;:'" ':.~~.~E,. D.'-8U6~GET[ I tb'---' , .. . -........ .J_ ..I',,; _...,........... '.__' ...\:-~.........:.,.., ." .. -'. '. -,_1:.. "-,.' . ~ ...... o en--1 .. ."- . ... (' -,....,-.J.~'r...~J;;.. -",'--'.. '.. /. "'::"z:-.. .. .-' ",'" "...' -~ -. -,,' ,". . "". - . ',' ". ... . .. . .. . '. Expenditure Cc~ .,~ory fundj~ .. less Mo ch . c..osh 1n-l<:lnd Tofol l. Sl~;:!:ES AND .......OES / 117 597 20,000 "7 597 2. PAYROll. TAXES 20,000 20,uuu 3. FRiNOE BENEFITS 0 0 4. COliF E "'-ENCE.-;'I'lJdNINO 1 400 1,4UU ! LOCAL 5T AFF TRAVf:l Ann ~uu s E ou:?....! >,'T . E XPEN:lABLE n 0 7 EOU'P...EIoIT. NOli EXPENOA!ll~ 0 U II RAW FOOO * 126 000 1,000 127 ,UUU II. CAiERED FOOD * 0 U .'0 ACCOVNTINatAUDITS 0 2,000 L,UUU , I ADYERnSINO 1,000 2.000 2,OUU 12 COUNSUL T AIoITSlOUTS'DE SERVICES 5.000 ),UUU 13 CONSiJ"MBlE SUPPLIES-lie 11,500 11,500 14 EO,-":?ME",'T REIoITAL n 0 1! INSURANCE n ' nnn 1,000 18 lFGAI "'F~YI"'F'" 0 1 --nn 0 1,00u 17 I I,."FN" lie 0 U ,. I.IE'-'BERSHIPI SUBSCRIPTIONS 0 0 U " On.E R SUPPLIES 800 200 1,000 ?O PR:IoITI,."n 2,000 500 2,500 21 F'i.:~cHASI,."a * 1,300 1,300 22 REPAIRS & ........',.,.,.ENANCE SPACE 5,000 2,000 7,UUU 23 REPAIRS & "MI"''TENANCE OTHER 1,000 I,OOU L,UUU 2. REIoIT/BUI"DINO SPACE 0 49,000 49,000 25 TAXES & LICENSES , b.nn 1,400 26 TELEPHONE n 1 7nn 1,200 -:/7 VTIUTl~S n 22 000 22,000 '18 VFHI"1 ~ I"IC>FRATl""N" 7.1nn 7,300 ~ VOcU"''TEER EXPENSE 1,000 1,000 ~ TOTAL EXPENDITURE 302,097 103,900 405,997 ':.IN:J'"O SO~~:ES . LESS: PRO.!ECT INCOI.IE 0" nnnvl 7, 105 780 105,780 .lFSS. W.'''I....ATCH Us~Io.A".nOOx,~5 b.7 1nn 47,300 .l.J S S p.;:>o.;.VATCH ~R 103,900 103,900 FEDERAL SHARE 149,017 149,017 -_/'., City of San Bernardino Parks, ProvIder NameRec. & Community Svcs. Dept. Contract , 97-819 D.te 01 SubmIssIon 5-12-97 ...". BER.'-AR:JI"IO COU"''TY l<>"'F-o-tT\3'2 .~'-<' o~,"e."'Wo J3 UTt~ e tin - Kin d N a rr a t i v e !' .. . Provide Information regarding specific in-kind that will be used as match. Include site location, if applicable, c1escriptions, rates and other relevant information. The total should eq,JaI the amOLrlt of in-kind reported as match en your budget cisplay. . Description* Site/Location Personnel-ell Senior Recreation Program Wide Supervisor - Program Management Raw Food Accounting/Audits Advertising Insurance Legal Services Other Supplies Printing Repair & Maintenance Space Repair & Maintenance Other Rent/Building Space Telephone Utilities Volunteer .04r.ifytJ"PC oIi.-lild: rut. ~.Icer ,va.. etc.) ~:. c $.. ....'.110 eonty DMS 'or. - 332 09127193 ~ ~'_-v. '-.~" '-::;;:- Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide Program Wide ,'Name of Provicler lbate Submitted " . Rate 'Total In-Kind Match 24.17 (827 hrs 20,000 (1,667.00) (1) 83.37 (ll) 83.33 (1) 166.63 (ll) 166.67 (1) 166.74 (ll) 166.66 (1) 83.37 (ll) 83.33 (1) 83.37 (ll) 83.33 (1) 16.66 (ll) 16.62 (1) 41. 66 (ll) 41. 62 (1) 166.63 (ll) 166.67 (1) 83.37 (ll) 83.33 (1) 4,083.33 (ll) 4,083.37 (1) 100.00 (ll) 100.04 (1) 1,833.33 (ll) 1,833.37 (1) 83.37 (ll) 83.33 1,000 2,000 2,000 1,000 1,000 200 500 . .. 2.000 1,000 49,000 1,200 22,000 1, 000 l-Hy 01 ~an llernard1no Parks, Rec. & Comm. Svcs. 5-12-97 97-248 ... , ATTACHMENT C . ~ .. Son Bernardino County . CDA 217 (6/96) Deportment of Aging ond Adult Services CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the breaking of any federal grant. the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment. or modification of any federal contract, grant. loan. or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this federal contract, grant. loan, or cooperative agreement. the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying:' in accordance with its instructions, (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31. U,S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, STATE ~l'~ AUTHORIZED SIGNATURE d,~$v TITLE 7-;)-3-97 DATE