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HomeMy WebLinkAboutMINUTES - 11201978 - COB BOX 69 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ' I Adopted this Order on September 25 , 1984 by the following vote: AYES: Supervisors Powers , Fanden, Schroder , Torlak-son NOES: None. ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Approval of Novation Contract #22-033-19 with Home Health and Counseling Services, Inc. The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Novation Contract X622-033-19 with Home Health and Counseling Services , Inc., IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the Chairman is AUTHORIZED to execute the contract as follows: Number: 22-033-19 Department: Health Services - Public Health Division Contractor: Home Health and Counseling Services, Inc. Term: July 1, 1984 through June 30, 1985 with an automatic three-month extension from June 30, 1985 through September 30, 1985 Payment Limit: $75,934 during the period July 1, 1984 through June 30, 1985, and $18,983.50 during said extension Service: Congregate meal services for the Nutrition Program for the Elderly 1 hereby certify that this Is a true and correctcopy W an action taken and entered on 'he nzasautes of (he Board of Superr ors on the date so oven. ATTESTED: S S PHIL BATCHELOR, Cie of, the Board of Supervisors and County Administrator By - �� , Deputy it Orig. Dept.: Health Services Dept./CGU cc: County Administrator Auditor-Controller Contractor DG:sh I� Contra Costa County Standard Form 7/84 P TANDARD CONTRACT (Purchase of Services) I. Contract Identification. (Novation Contract) Number 22-033-19 Department: Health Services (Public Health Division) Subject: Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING SERVICES, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Term. The effective date of this Contract is July 1, 1984 and it terminates June 30, 1985 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 75,934 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County Nutrition Project for the Elderly under Title III-C(1) of the Federal Older Americans Act of 1965, as amended; and Interdepartmental Services Agreement between Social Service Department and Health Services Department. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC Sections 3045ff and 45 CFR §909ff; and California Government Code Sections 26227 and 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CAi'Attest: BOARD OF SUPERVISORS ATTB! Phil Batchelor, Clerk of the Board of Supervisors and County By � �� By_ Admir tr for Chairman Designee _ By Deputy Clerk ONTRACTOR/CONSULT p By: By: �I Leonard J. Dolton, D. ,M.P.H. Executive Dir. Frank HarSP,M_n_ Prac;rlant Roar of-Directors (Designate official business capacity) (Designate of business capacity) Note to Contractor/Consultant: (1) Sign above and have a Notary Public execute the acknowledgement form on page two and (2) as to your signatures, if a corporation, one signature must be the president, vice-president, secretary or assistant secretary as required by Civil Code §1190.1 and both signatures must .conform to designated represen- tative groups pursuant toi Corporations Code §313. J3 FAMILY COUNSELING & COMMUNITY SERVICES, INC. A Sub"Q.y y t rn1 Rms w v w. low. CONSENT TO ASSIGNMENT OF CONTRACT The unde i-gned--Ker_eby consent to the assignment to ami y ounseling & Community n -r-I-nc.a non-profit company, of the agreements-1-is-ted-befiow-tbetween-the un i Qsersigned and Home Health & Counseling Services , Inc. The undersigned agree to look solely to Family Counseling & Community Services , Inc. for the proper perfor- mance of said agreements. Dated this first day of .Tune ,1985 No. of Contract or Agreement Subject Effective Date 22-033-19 Nutrition Project for the Elderly (Congregate Meals) July 1 , 1984 22-137-7 Home Delivered Meals July 1 , 1984 HEALTH DEPARTMENT By Dated COUNTY ADMINISTRATOR By X Dated IM:bjs. 5/85 �j � Coratra,Costa County • Standard Form 7/84 APPROVALS/ACKNOWLEDGEMENT Number 22-033-19 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By /'I�(/.f�_�./ By Designee APPROVED: COUNTY ADMINISTRATOR By ` . yaw Designee ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual) County of The person(s) signing above for Contractor/Consultant, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the represent atIve(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its by-laws or a resolution of its board of directors. Dated: [Notarial Seal] 70 ALWAL No ary Public Deput C 'unty Clerk Roberts 088 Colburn a, NOTARY PUSLIC-CALIFORj Principal office in Contra Costa Co My Commission Expires June 15, -2- uontra uosca uounry PAYMENT PROVISIONS It �ost Basis Contracts) • • Number 22-033-19 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total Iamount specified in the Payment Limit of this Contract. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [Check one alternative only] [ ] a. $ monthly, or [ j b. $ per unit, as defined in the Service Plan, or [X] c. An amount equal to Contractor's allowable costs that are actually incurred semi-monthly, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. Contractor will submit demands semi-monthly for allowable costs that have been actually incurred in each prior semi-monthly period. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check applicable alternative] [X] a. Department of Health and Human Services Administration of Grants Federal Regulations Title 45 Part 74 and the applicable Subpart listed hereunder, and any other documents (if any) specified in the Service Plan regarding principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan. [ ] Federal Management Circular A-87, including any amendments to the circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by state and local governmental agencies. [X] OMB Circular A-122, Including any. amendments to the Circular published in the Federal Register by OMB is to be used for determining allowable costs of activities conducted by nonpro- fit organizations (other than government agencies, educational institutions, and hospitals). [ ] 41 CFR Subpart 1-15.2 shall be used for profit , organizations other than hospitals. [ ] OMB Circular No. A-21, including any amendments to the Circular published in the Federal Register by OMB shall be the prin- ciples to be used for determining allowable costs by educa- tional institutions (other than for-profit institutions). [ ] Appendix E Subpart Q Section 74.173 shall be used for deter- mining costs of research, development work, and other activi- ties for determining allowable costs. or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for deter- mining allowable or non-allowable costs. Initials: 4000 Coractor County Dept. -1' /3 PAYMENT PROVISIONS (Cost Basis Contracts) Number 22-033-19 4. Payment Demands. Contractor shall submit written demands monthly, or as specified in Paragraph 2. (Payment Amounts) above, for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 30 days from the end of the month in which said services are actually rendered. Upon approval of said pay- ment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. 5. Right to Withhold. County has the right to withhold payment to the Con- tractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than forty-five (45) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs, that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 7. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligatio nde this Contract. Initials: co;beractor County Dept. /� -2- • SERVICE PLAN is Number 22-033-19 1. Service Provisions. a. Contractor shall: (1) Serve meals which have been provided by County in a comfortable, congenial atmosphere and schedule and coordinate the provision of supportive social services pursuant to County-approved program schedules for the County Nutrition Project for the Elderly, daily on every Monday through Friday, during the period of this Contract, excepting on the following national holidays: Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, New Year's Day, Martin Luther King Day, Washington's Birthday, and Memorial Day. (2) Comply with specifications relevant to its performance included in the Application and Approval Documents set forth in Contract Paragraph 7. (Project) under Title III-C(1) of the Older Americans Act which is incorporated herein by reference. (3) Comply with the attached Federal and State Requirements Addendum which is made a part of this Contract by this reference. (4) Comply with the Work Program, attached hereto which is incorporated by reference as Appendix A. (5) Provide meals for service under this Contract from the food caterer or caterers designated by the County in writing. (6) Solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the community. Contractor will place primary emphasis on reaching those isolated persons who, because of limited financial resources, are unable to prepare for themselves well-balanced, nutritious meals. As vacancies occur in the meals program, staff shall attempt to fill these openings with persons that meet the above criteria rather than on a first- come, first-served basis; a registration system and waiting list will be used to insure maximum utilization of the Program by persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. (7) Operate congregate sites in cooperation with local County Home-Delivered Meals Providers, sharing outreach information and referring potential participants. b. County shall: (1) At County expense, arrange to have meals in sufficient quantity and quality to meet Contractor's obligations under this Contract, prepared and delivered to the Nutrition Sites specified in Paragraph II.A. (Meal Services) of the Work Program. (2) Loan to Contractor the necessary dinnerware, utensils and food ser- vice equipment needed to meet its obligations under this Contract. (3) Provide Contractor with supportive services needed to meet its commitments under the Work Program of this Contract, such as nutrition training for staff and participants, referral and information services, and onsumerismm.. Initials: ntractor County Dept. -1- J3I • SERVICE PLAN Number 22-033-19 2. Payment for Service. a. The "Budget of Estimated Program Expenditures" referred to in the Payment Provisions is incorporated herein by reference as Appendix B. The semi-monthly payment for reimbursable expenditures to Contractor referred to in the Payment Provisions will be less the amount of income collected for meals during said semi_monthly period and the amount of all cash donations received on behalf of the Project from cities, organi- zations, and other non-participant sources, which will be deducted from total Contractor expenses in arriving at the net amount due. b. Within ten working days following the last day of the third quarter of the term of this Contract (March 31, 1985), the Project Director shall review actual Contractor senior meal service levels during the first three quarters of the contract term. If the actual Total Senior Meals Served during the first three quarters is less than one hundred three thousand nine hundred fifty-one (103,951), then this Contract shall be amended to modify the "Total Costs" figure appearing in the Budget of Estimated Program Expenditures in accordance with the following formula: Estimated Actual Projected Modified Total X Meals Meals = Estimated Costs Served Served Total Costs That is, $211,770 X Actual Meals Served / 109,422 = Modified Estimated Total Costs. If the actual Total Senior Meals Served during the first three quarters is greater than one hundred fourteen thousand eight hundred ninety-three (114,893), then the Project Director shall notify the Contractor that: (1) The number of total meals served during the first three quarters has exceeded 114,893, AND EITHER (2) The Contractor must reduce the Senior Meal Service Level, OR (3) Additional funding is available and that the Contractor has a right to have this Contract amended to modify the Estimated Total Costs in accor- dance with the following formula: Estimated Actual Projected Modified Total X Meals ; Meals = Estimated Costs Served Served Total Costs That is, $211,770 X Actual Meals Served / 109,422 = Modified Estimated Total Costs. This Contract shall be modified in this fashion only at the request of the Contractor and only if additional funding is available for the County's Nutrition Project for the Elderly. The determination of the Project Director as to the availability of additional funding shall be conclusive. Initials: Antracto7r County Dept. -2- /- • SERVICE PLAN N•ber 22-033-19 If the "Total Costs"I in the Budget of Estimated Program Expenditures' is modified S $ under the provisions * either of the preceding two paragraphs, then the Totals of Average Senior Meals Per Day and of Total Senior Meals Served shall likewise be modified by multiplying each projected Total (i.e., 585.1 Average Senior Meals Per Day and 14,862 Total !Senior Meals Served) by the ratio of Actual Total Senior Meals Served (first three quarters) to one hundred nine thousand four hundred twenty (109,422), giving the Modified Total Average Senior Meals Per Day and the Modified Total Senior Meals Served. The Budgeted Average Meals and Total Meals shall also be recalculated by rounding the Modified Total Average Senior Meals Per Day giving the Modified Budgeted Average Senior Meals Per Day, and by multiplying that figure by two hundred fifty-one (251) to give the Modified Budgeted Total Senior Meals Served. The purpose of this provision is to provide for the amendment of this Contract if the total meals served during the first three quarters of the term of this Contract should vary from the projected number of meals served by more than five percent (i.e., 109,422 plus or minus 5,471). The projected Total Senior Meals Served is derived from the Schedule of Projected Service Level Performance which is attached to this Service Agreement as Exhibit A and which is made a part of this Contract by this reference. c. A separate checking account (Income Account) will be established by Contractor which will be apart from any other Contractor accounts, in which shall be deposited all payments for meals received from participants. Income shall be deposited twice weekly or when total undeposited income exceeds $100. The Income Account will be used only to transfer funds to Contractor's General Account upon release by the County Auditor's Office. Other than cash disbursements from any Petty Cash fund, all of Contractor's project disbursements will be by check, drawn upon Contractor's General Account or any special account specifically for this project. All disbursements from Contractor's General Account for the Nutrition Project shall be clearly identified as such. Initials: 0gtC ntractor County Dept. -3- I • EXHIBIT A Contract # 22-033-19 SCHEDULE OF PROJECTED SERVICE LEVEL PERFORMANCE Average Senior Serving Days Total Senior Meals Per Day Per 449et-h- ' Meals Served "Gt -L2,P First Quarter July 1, 1984 - September 30, 1984 565 63 359595 Second Quarter October 1, 1984 - December 30, 1984 585 63 372044 Third Quarter January 1, 1985 - March 31, 1985 603 61 36,783 Fourth Quarter April 1, 1985 - June 30, 1985 585 64 379440 Totals 585.1 251 146,862 Budgeted 585* 251 1469835 APPENDIX A WORK PROGRAM Number 22-033-19 I. ADMINISTRATION. Contractor agrees to: A. Staff 1. Recruit, hire, and train paid and volunteer staff as needed and budgeted to provide administration, meal service and participant outreach services. Contractor's job descriptions for its staff must include those duties and reponsibilities listed in the job descriptions submitted as part of County's grant application to the State Office on Aging. 2. Supervise staff in the carrying out of those activities as defined in Title III-C(1) of the Older Americans Act and as specified herein and ensure that participants are treated courteously and warmly. 3. Include an elected representative from the affected Site Council in the interview process in hiring any Project Site Manager. 4. Facilitate and coordinate activities with County-assigned staff within the project. 5. Provide the opportunity for the County Project Director to participate in the interview process in hiring any Project Coordinator Position. 6. Require personnel in site management and coordinator positions to attend quarterly in-service training provided by the County as required by State regulations, or provide suitable alternate training approved by County in advance. B. Program Planning 1. Participate with County in program planning and development of other community resources. C. Records 1. Maintain records of participants and project operation, which shall be open to inspection by authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books on all expenditures and income related to the project and maintain Cash Disbursements, Payroll and In-Kind Resources Journals. 3. Provide County with program and financial reports on a timely basis as requested by County. Initials: JC2traEctoT County Dept. -1- APPENDIX A WORK PROGRAM Number: 22-033-19 II. MEAL SERVICES. A. Congregate Meals Sites. iz rac 1. Serve an average of c gregate meals 5 days per week at 13 sites, as follows: Alamo Street Center, 321 Alamo Street, Richmond, CA Senior Adult Center, 1943 Church Lane, San Pablo, CA Senior Citizen Drop-In Center, 189 Parker Avenue, Rodeo, CA Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA Concord Senior Center, 2727 Parkside Circle, Concord, CA Ambrose Community Center, 3105 Willow Pass Road, Pittsburg, CA Walnut Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA Blue Devils' Club Building, 2395 Monument Boulevard, Concord, CA Community Center, 850 Pomona Avenue, Crockett, CA Veterans Club, 5218 Sobrante Avenue, E1 Sobrante, CA Marina Community Center, 340 Black Diamond, Pittsburg, CA Veterans Memorial Building, First and Mt. Diablo, Lafayette, CA 2. Obtain prior written approval of County's Nutrition Project Director before changing the monthly average number of meals served or any site location. 3. Maintain a current file of sanitarian and fire marshal reports for each site, approving use of site by Nutrition Project. 4. Reassign meals from one County Nutrition Site to another dependent on the success of Outreach efforts and need and upon written notification to County's Project Director. B. Homebound Meals. Contractor will not deliver more than 10% of total meals to participants' homes. Participants are eligible for homebound meals only when they are regular participants at a congregate meal site and are temporarily ill or incapacitated. Contractor shall complete and keep on file form #NP-29 Congregate Waiver and medical certificate for each participant receiving a homebound meal and will deliver meals in accordance with County specifications. If a participant's illness or incapacitation is to exceed five days, Contractor will contact the nearest County Home-Delivered Meals Provider in the area and refer the participant. C. Staffing. Contractor will use staff and volunteers primarily for the delivery of meal service and participant outreach, and secondarily for provision of supportive services (Paragraph III A below). Staff and volunteers will be permanently or tem- porarily reassigned to meal service whenever necessary and appropriate. Initials: Aw q� C tractor County Dept. -2- J i • APPENDIX A WORK PROGRAM Number 22-033-19 D. Meal Delivery. Contractor shall: 1. Order meals from the food caterer designated by County with 24 hours notice and accept and verify delivery of meals at the site designated. 2. Clean food containers after meals and prepare them for pickup by the food caterer for his use in preparing for the next delivery to Contractor. Contractor will clean and store daily any food warmers and other food service equipment assigned by County. 3. Certify the number of meals and acceptability of the food (including temperature of hot food and cold food) supplied by the food caterer using form #NP-36, Daily Food Service Report. Contractor will submit these forms to County each Friday afternoon covering food service for Monday through Friday for that week. 4. Maintain County-owned and assigned equipment in a reasonable condition and be responsible for replacement costs of said equipment if lost or damaged through negligence. Contractor will submit a quarterly inventory of County-owned equipment to County. Contractor will submit a monthly inventory of paper goods to County with reorder forms, NP-17, Project Requisition. 5. Maintain a close working relationship with the food caterer and County Nutritionist, including coordination of food service training of Contractor's staff and volunteers by the food caterer and County Nutritionist. E. Service Assessment. Cooperate with County's assessment of service, at least once yearly, and comply with recommendations within 30 days of written notification, subject to time extension with written approval of County's Nutrition Project Director. III. OUTREACH. Contractor agrees to provide ongoing outreach for each site at the lessor of budget or facility capacity. Outreach activities shall be conducted pri- marily by site paid and volunteer staff and shall include, but not be limited to: A. Contacts with local doctors and hospital discharge planning units to educate them regarding the nature and availability of services. B. Contacts with local churches. C. Home visits and telephone calls to persons known or rumored to quality and be in need of services. D. Follow-up contacts to former participants. Initials: Omft retractor County Dept. -3- I APPENDIX A WORK PROGRAM Number 22-033-17 IV. SUPPORTIVE SERVICES. A. Contractor agrees to encourage and coordinate the following supportive ser- vices in conjunction with meal service subject to direction of County: 1. Recreation 3. Tranportation 2. Escort 4. Food shopping assistance B. Contractor agrees to provide time and place for the following services to be offered by County-assigned staff: 1. Nutrition education 2. Information and Referral 3. Health and Welfare Counseling 4. Site Council Meetings, Training and Information Sessions. V. SITE COUNCILS. Contractor will continue to develop and staff a site council for each congregate meal site, with at least 51% of the site council membership to consist of persons receiving meal services. Site Councils shall meet once monthly and follow the guide- lines established and stated in the Project Council ByLaws, which is incorporated herein by reference. Minutes of Site Council meetings shall be forwarded to County's Project Director by the last day of each month. Contractor may also appoint non-participants who are knowledgeable of the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor's staff shall see that elected representatives from each site attend all County Project Council meetings and Menu Review Committee meetings. Initials: qhs" C tractor County Dept. -4- /� I BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number 22-033-17 Budget Categories 1. PERSONNEL Salary and Wages $138,994 Fringe Benefits 229251 Subtotal $161,245 2. FOOD COSTS: Condiments $ 50 3. EQUIPMENT - Non-expendable $ 50700 4. STAFF EXPENSES Travel $ 41600 Training 215 Subtotal $ 4,815 5. OTHER COSTS Building Space $ 10,296 Telephone 51200 Utilities 504 Office Expense 2,000 Kitchen Supplies 2,000 Printing 19800 Repair and Maintenance Space 1,300 Repair and Maintenance Equipment 400 Management 149910 Insurance 500 Volunteer Expenses 19000 Advertising 50 Subtotal $ 39,960 Total Costs $211,770 Less Project Meal Income $118,936 Donations 16,900 Subtotal ($135,836) NET CONTRACT COSTS (Contract Payment Limit) $ 75,934 Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of each line item amount shown above, subject. to the Contract Payment Limit . In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project Director. Initials: A411 W"'. C tractor County Dept. SPECIAL CONDITIONS (Nutrition Project for the Elderly) i Number 22-033-19 I I. Novation. The parties having entered into a prior 12-month contract 1122-033-1T—for the period from July 1, 1983 through June 30, 1984 (which con- tained provision for an automatic 3-month contract extension for the period from July 1, 1984 through September 30, 1984), as amended by Contract Amendment Agreement 1122-033-18 effective June 19, 1984, County and Contractor hereby agree to substitute this 1984-85 fiscal year Contract for the aforesaid three-month automatic contract extension. Effective July 1, 1984, all contract rights and obligations of the parties will be governed by this 1984-85 fiscal year Contract. 2. Cost Report and Settlement. Paragraph 6. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "No later than July 31, 1985, or 30 days following the termination of this Contract, whichever comes first, Contractor shall submit to County a fiscal year cost report in the form required by County, showing the total gross allowable program costs which have actually been incurred by Contractor, and the total amount of income collected for meal's by Contractor, during the 12-month fiscal year period from July 1, 1984 through June 30, 1985, in accordance with the Budget of Estimated Program Expenditures set forth in the Service Plan. If said cost report shows that the net allowable contract costs (as defined below) which have actually been incurred by Contractor during said fiscal year period exceed the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but not to exceed the 12-month Payment Limit of $ 759934 for said fiscal year period. If said cost report shows that the payments made by County for said fiscal year period pursuant to Paragraph 2. (Payment Amounts) above exceed said net allowable contract costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The net allowable contract costs for cost report and settlement purposes shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during said fiscal year period, minus the total amount of income collected for meals by Contractor during said fiscal year period ending June 30, 1985, computed in accordance with the Budget of Estimated Program Expenditures included in the Service Plan." Initials: �� ln!rja t—or County Dept. -1- I /�J SPECIAL CONDITIONS (Nutrition Project for the Elderly) Number 22-033-19 3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, unless this Contract is terminated prior to June 30, 1985, by either party pursuant to Paragraph 5. (Termination) of the General Conditions, the term of this Contract shall be automatically extended for the 3-month period from July 1, 1985 through September 30, 1985. The purpose of the automatic 3-month contract extension is to allow for continuation of services as specified in this Contract, during which time County will finalize applicable parts of the County budget to seek State approval of such budget, if necessary or appropriate, and complete for Contractor and County Board of Supervisors appro- val a novation contract for the 1985-1986 fiscal year (including such payment limits and financial provisions as agreed upon after final determination of the County's Nutrition Project for the Elderly). As to any such 3-month extension of this Contract: a. If this Contract is automatically extended for 3 months , the Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $ 189983.50 (the 3-month Payment Limit) and County's total payments to Contractor for said 3-month extension period shall not exceed this 3-month Payment Limit, subject, nevertheless, to the aforesaid novation contract for the 1985-86 fiscal year. b. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan) and line item budget amounts (set forth in the Budget of Estimated Program Expenditures) shall be prorated for the three-month period. c. In addition to the cost report specified in Paragraph 6. (Cost Report and Settlement) of the Payment Provisions as amended by these Special Conditions, Contractor shall also submit to County, no later than 30 days following termination of this contract as extended, an extension period cost report covering the period of this three-month extension. County and Contractor shall follow the cost report and settlement procedures specified in the above- referenced Paragraph 6. (Cost Report and Settlement) of the Payment Provisions, subject to the three-month Payment Limit of $ 18,983.50 for the contract extension period. d. This three-month contract extension shall be subject to any further agreement (novation) which Contractor and County may enter into covering the provision of services during the contract period immediately following the contract period specified in Paragraph 3. (Term), in accordance with Contra Costa County's current revision of the project specified in Paragraph 8. (Project). t7Initial !� ontractor County Dept. a -2- FEDERAL AND STATE REQUIREMENTS ADDENDUM Subject to the Conditions of this Contract, Contractor shall comply with the following federal and state requirements: 1. Equal Opportunity Clause. A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical or mental handicap, or age. The Contractor will take affirmative action to ensure that qualified applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical or mental handicap, or age. Such action shall include, but not be limited to, the following: employment, upgrading, . demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and career deve- lopment opportunities and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Federal Government or the State, setting forth the provisions of the Equal Opportunity clause and the Rehabilitation Act of 1973. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employument qualified applicants without discrimi- nation based on their race, color, religion, sex, national origin, physical or mental handicap, or age, and the rights of applicants and employees. B. The Contractor will; in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified appli- cants will receive consideration for employment without regard to race, color, religion, sex, national origin, physical or mental handicap, or age. C. The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding a notice, to be provided by the Federal Government or the State, advising the labor union or worker's representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment. D. The Contractor will comply with all provisions of the Rehabilitation Act of 1973 and of the Federal Executive Order No. 11246 as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The Contractor will furnish all information and reports required by Federal Executive order No. 11246 as amended and the Rehabilitation Act of 1973, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the requirements of this Equal Opportunity clause or with any federal rules, regulations, or orders, which are referenced in this clause, this contract may be canceled, ter- minated, or suspended in whole or in part and the Contractor may be declared ineligible for further federal or state contracts in accordance with proce- dures authorized 1n Federal Executive Order No. 11246 as amended and such other sanctions may be imposed and remedies invoked as provided in Federal Executive Order No. 11246 as amended, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will include the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Federal Executive Order No. 11246 as amended or Section 503 of the Rehabilitation Act of 1973 so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs or the State may direct as a means of enforcing such provisions including sanctions for noncompliance--provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the State, the Contractor may request in writing to the State, who, in turn, may request the United States to enter into such litigationrotect the interests of the State and of the United States. Initials: ractor County Dept. 13 Contra Costa County • y Standard Form 4/84 r, I GENERAL CONDITIONS (Purchase of Tervices) i 1. Comeliance with Law. Contractor shall be subject to and comply with all Federal , stateand—local aws and regulations applicable with respect to its perfor- mance under, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including discrimination. 2. Ins ection. Contractor' s performance, place of business and records per- taining to this contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by a—utT prized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such addi- tional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents per- taining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract' s funding period. Upon request, Contractor shall make these records avail- able to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor Subcontractor. Pursuant to Section 1861(v)(1 ) of t eocia ecurity Act. and any regulations promulgated thereunder, Contractor shall , upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General , or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a sub- contract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such sub- contract, the subcontractor shall make available, to the Secretary or to the Comptroller General , or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to any and all other terms regarding the main- tenance or retention of records under this Contract and is binding on the heirs, suc- cessors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code §7550, Contractor shall include in a T' documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. -1- Contra Costa County • . Standard Form 4/84 r GENERAL CONDITIONS (Purchase of Se'rvices) 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon it y-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor' s performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal , State. or of er non-County funding for this Contract ceases, this Contract is terminated without notice. 6. EntireA reement. This Contract contains all the terms and conditions agreed upon by a pares.Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for ORerating Procedures. Detailed specifications of operating proce ures and budgets required by t111S Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be devel- oped and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amend- ments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed y the Contractor and the Contra Costa County Board of Supervisors or, after Board approval , by its designee, subject to any required State or Federal approval . b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may a amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval , provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes., Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. -2- Contra Costa County • Standard Form 4/84 I - I GENERAL CONDITIONS (Purchase of 7e'rvlces) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject oitFiis uontract be adopted or revised during the term hereof, this Contract shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspec ions or approvals, or statements by any officer, agent or employee of the County indicating the Contractor' s performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor' s obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives ofdtractor. The Contractor shall not enter into subcontracts forany work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval . 14. Independent Contractor Status. This Contract is by and between two independent contractors ani-is not�inteended-to�shal1 not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, agents, and employees, pursuant to California Government Code Sections 87100 et seq., shall not make, par- ticipate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest. 16. Confidentiality. Contractor agrees to comply and to require its employees, agents and partners to comply with all applicable State or Federal statutes or regu- lations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential , and will not be open to examination for any purpose not directly connected with the administration of such service. -3- /_3 Gontra Costa County • • Standard Form 4/84 GENERAL CONDITIONS (purchase of 76'rvices) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this on rac s a e available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, save harmless and indemnify the County and its o kers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees. 19. Insurance. During the entire term of this Contract and any extension or modification n t�eof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including con- sequential damages, due to bodily injury, sickness or disease, or death to any per- son or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute pri- mary insurance as to the County, the State and Federal Governments, and their offi- cers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers' compen- sation insurance coverage for itsemployees. c. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) surance evidencing liability and worker' s compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate( s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. -4- ,Contra Costa County • . Standard Form 4/84 GENERAL CONDITIONS (Purchase of se'rvices) 20. Notices. All notices provided for by this Contract shall be in writing and may e e ivered by deposit in the United States mail , postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor' s address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. The effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Con itions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal . Contractor understands and agrees that there is no represen- tation, imp ica ion, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following . expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possesso_ �yy Interest. If this Contract results in the Contractor having possession, claim to to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107) , such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services un er 1s Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material . If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to repro- duce, publish, and use such materials, in whole or in part, and to authorize others to do so. -5- � CONTRA COSTA COUNTY Contra Costa Cot,,,t„ HEALTH SERVICES DEPARTMENT RECE!VE(_) ` 6i,rSEP 18 198.4 'S�rr�..i'`cn'n I Ol'tice of Count! Administrator To: Philip J. Batchelor Date: September 18, 1984 County Administrator Attention: C. L. Van Marter From: William B. Walker, M.D. Subject: NOVATION CONTRACT X122-033-19 Acting Director By: Elizabeth A. Spooner Contracts & r n s Administrator. Attached for presentation to the Board of Supervisors is the following novation contract for the Department 's Public Health Division: Number: 22-033-19 Contractor: Home Health and Counseling Services , Inc. Term: July 1, 1984 through June 30, 1985, with an automatic three-month extension from June 30, 1985 through September 30, 1985 Payment Limit: $75,934 from July 1, 1984 through June 30, 1985 and $18,983.50 during the automatic three-month extension Funding: Federal and State Service: Congregate meal services for the Nutrition Program for the Elderly This contract has been approved by the Department's Contracts and Grants Administrator in accordance with the guidelines approved by the Board's Order of December 1, 1981 (Guidelines for contract preparation and processing, Health Services Department) . It is, therefore, recommended that this contract be approved and submitted to the Board at their next meeting on Tuesday, September 25, 1984. DG:sh Attachments cc: Division Directors Clerk of the Board R.ECEIV iD SEP01984 1984 PHiI BATCHE/ R BOARD F i NVISORS i g e ce T;IE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA June 19 , 1984 Adopted this Order on ! , by the following vote: i AYES: Supervisors Powers , Fanden, Schroder , Torlakson. NOES: None . ABSENT: Supervisor McPeak. ABSTAIN: None. SUBJECT: Approval of Contract Amendment Agreement 1122-033-18 with Home Health and Counseling Service, Inc. -/7 The Board on June 21, 1983, having approved Contract 1122-033-17 with Home Health and Counseling Service, Inc. for congregate meal services for the County's Nutrition Project for the Elderly, and The Board having considered the recommendations of the Acting Director, Health Services Department, regarding approval of Contract Amendment Agreement 1122-033-18 to increase the contract payment limit to meet budgeted expenditures which were not met by senior citizen contributions, IT IS BY THE BOARD ORDERED that said contract amendment agreement is hereby APPROVED and the Chairman is AUTHORIZED to execute the contract amendment agreement, as follows: Number: 22-033-18 Department: Health Services - Public Health Contractor: Home Health and Counseling Service, Inc. Effective Date of Amendment: June 19, 1984 Payment Limit Increase: $12,000 (From $47,025 to a new total payment limit of $59,025) I hereby certify that this Is a true and correct copy of an action taken and entered an the minutes of the Boardof Supenris s on the date shown. ATTESTED: -j—�-=l 7- J,R. OL SON, COUNTY CLERK and ex officio Clerk of the Board 8y � � Deputy Orig. Dept.: cc: Health Services Dept./CGU County Administrator Auditor-Controller Contractor DG:sh x / 39 Co tra Costa County • • Standard Form 4/84 CONTRACT AMENDMENT AGREEMENT Number 22-033-18 1 . Identification of Contract to be Amended. Number: 22-033-17 Department: Health Services (Public Health Division) Subject: Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly Effective Date of Contract: July 1, 1983 2. Parties. The County of Contra Costa, California (County) for its Department named as ov�e, and the following named Contractor mutually agree and promise as follows: Contractor: Home Health and Counseling Service, Inc. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Amendment Date. The effective date of this Contract Amendment Agreement is June 19, 1984 4. Amendment Specifications. The Contract identified above is hereby amended as set o�rth in "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS ATTEST: James R. Olsson, County Clerk By r��` By airman esignee Deputy i CONTRACTOR/CONSULTANT S—� By: esigna e o cia usiness capaci y (Designate o icia usinessi y EA6:torcv p12t:.Tvw, President, Board of Directors Note to Contractor/Consultant: (1) Sign above and have a Notary Public execute the acknowledgement form on page two and (2) as to your signatures, if a corporation, one signature must be the president, vice-president, secretary or assistant secretary as required by Civil Code §1190.1 and both signatures must conform to designated represen- tative groups pursuant to Corporations Code §313. / 3 Co'htra Costa County S1 • Standard Form 4/84 APPROVALS/ACKNOWLEDGEMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED t_. By By` esignee APPROVED: COUNTY ADMINISTRATOR By �JZM h` �j( '— Uesignee ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (by Corporation, Partnership, or Individual ) County of Contra Costa The person(s) signing above for Contractor/Consultant, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representative(s) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its by-laws or a resolution of its board of directors. OMCIA;CA Dated: June 7; 1984 Yar (Roberto aColburn Principal Office in Costa County [Notarial Seal] Y C missio ne i EQNOTOFFICIAL SEAL c epu y ot3r Clerk ARYoberta GO Cottaum PUBLIC-CALIFORNIA Roberta Gail Colburn ipal Office in Contra Costa County ommission Expires June 15,1984 AMENDMENT SPECIFICATIONS Number 22-033-18 In compliance with Paragraph 5. (Payment Limit Increase) and Paragraph 6. (Donations) of the Special Conditions of Contract 1122-033-17 (which allows the County to amend said contract to substitute surplus Nutrition Project funds for all or part of Contractor's obligation to provide donations), and in consideration of Contractor's agreement to use the additional funds for the sole purpose of meeting Contractor's allowable costs incurred in pro- viding services under said contract, County and Contractor hereby agree to amend Contract 1122-033-17 as set forth below, while all other parts of said contract remain unchanged and in full force and effect: 1. Payment Limit Increase. The Payment Limit specified in Paragraph 4. (Payment Limit) of said contract is hereby increased by an additional $12,000 to a new total. Payment Limit of $59,025. 2. Budget of Estimated Program Expenditures. The Budget of Estimated Program Expenditures of Contract 122-033-17 is hereby replaced with the attached Revised Budget of Estimated Program Expenditures (Number 22-033-18). Initia4 `�� ontractor County Dept. i 3 � y • • ` REVISED BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number 22-033-18 BUDGET CATEGORIES 1. PERSONNEL Salary and Wages $131,120 Fringe Benefits 24,012 Subtotal $155,132 2. FOOD COSTS: Condiments $ 100 3. STAFF EXPENSES Travel $ 4,600 Training 215 Subtotal $ 4,815 4. OTHER COSTS Building Space $ 10,296 Telephone 43000 Utilities 504 Office Expense 11830 Kitchen Supplies 1,840 Printing 1,284 Repair and Maintenance Space 1,068 Repair and Maintenance Equipment 384 Management 13,929 Insurance 550 Volunteer Expenses 832 Advertising 86 Subtotal $ 36,603 Total Costs $196,650 Less Project Meal Income $118,548 Donations 192077 Subtotal ($137,625) NET CONTRACT COSTS (Contract Payment Limit) $ 59,025 Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of each line item amount shown above, subject to the Contract Payment Limit. In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project Director. � Initials• 1� C ntractor County Dept. I /73 • 1 /� 1 ,39 CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT Contra RCo FCPJVt_D�Gn}�, JUN 11 1984 Cont Office of To: Philip J. Batchelor Date: June 1.1 , 1984 �dnitnistrator County Administrator Attention: C. L. Van Marter From: William B. Walker, M.D. Subject. Acting Director CONTRACT AMENDMENT AGREEMENT By: Elizabeth A. Spooner ntrag.ts, � Administrator Attached for presentation to the Board of Supervisors is the following contract amendment agreement for the Department's Public Health Division: Number: 22-033-18 Contractor: Home Health and Counseling Service, Inc. Effective Date of Amendment: June 19, 1984 (no change in original contract term) Payment Limit Increase: $12,000 (From $47,025 to a new total payment limit of $59,025) Service: Congregate meal services for the County's Nutrition Project for the Elderly Purpose of Amendment: Increase contract payment limit to meet budgeted expenditures which were not met by senior citizen contributions. Contract 1122-033-17 for providing the services described above was approved by the Board on June 21, 1983. This FY 83/84 contract allows the County to amend the contract to substitute surplus Nutrition Project funds for all or part of the contractor's obligation to provide donations. As a result of insufficient senior citizen contributions to meet budgeted expenditures, it has become necessary to amend the contract to reduce the amount of dona- tions required in the Budget of Estimated Program Expenditures. Other changes in the budget reflect actual spending patterns which result in no net change to the contract. This contract amendment agreement has been approved as to legal form by County Counsel's Office. It is, therefore, recommended that this contract amendment agreement be approved and submitted to Board at their next meeting on Tuesday, June 19, 1984. C I11ED DG:sh Attachments / cc: Clerk of the Board jUN g X984 J. R. 0 ARD Op B 5 RVISOgS 2 I 2CA-41 3/81 / THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 21 , 1983 by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder . NOES: None l ABSENT: clone f ABSTAIN: None: SUBJECT: Approval of Contract 4122-033--17 with HOME HEALTH AND COUNSELING SERVICE, INC. The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Contract 4122-033-17 with Home Health and Counseling,Service, Inc., for congregate meal service for the County's Nutrition Project for the Elderly, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the Chairman is AUTHORIZED to execute the contract as follows: Number: 22-033--17 Department: Health Services — Public Health Division Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. Term: July 1, 1983 through June 30, 1984 with a three—month automatic extension through September 30, 1984 Payment Limit: $47,025 in FY 82-83 plus $11,756 in FY 83--84 during automatic extension Service: Congregate meal services for the Contra Costa County Nutrition Project for the Elderly 1 hereby certify that this is a true and ets;ect copy of a11 n action taken and entered on the r0lnuics of the Board of Supervisors on the date ahown. ATTESTED: -� J.R. OLS ON, COUNTY CLERK And ex officlo Clerk of the Board Deputy I Orig. Dept.: Health Services Dept./CGU CC: County Administrator \� Auditor—Controller Contractor) DG:to L4 / I l Contra Costa County Standard Form • STANDARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 22-033-17 Department: Health Services (Public Health Division) Subject : Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly 2. Parties . The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows : Contractor : HOME HEALTH AND COUNSELING SERVICE, INC. Capacity : Nonprofit California corporation Address : 110 Petticoat Lane, Walnut Creek, California 94596 3 . Term. The effective date' of this Contract is July 1, 1983 and it terminates June 30, 1984 unless sooner terminated as provided herein . 4 . Payment Limit. County' s total payments to Contractor under this Contract shall not exceed $ 47,025 5 . County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6 . Contractor ' s Obligations . Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7 . General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorpo- rated herein by reference. 8 . Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County Nutrition Project for the Elderly under Title III-C(1) of the Federal Older Americans Act of 1965, as amended; and Interdepartmental Service Agreement Senior Nutrition Project between Social Service Department and Health Services Department. 9 . Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC Sections 3045ff and 45 CFR §909ff; and California Government Code Sections 26227 and 53703. 10. Signatures . s signatur attest the parties ' agreement hereto : COUNTY OF CO RNIA CONTRA R By D6signee, Board of Supervisors (De gnate o fi al capacity) Attest J R. Olsson, County Clerk �� State of California By ) as. `// Deputy County of Contra Costa ) Recommended by Wpartment ACKNOWLEDGEMENT (CC 1190. 1) The person signing above for Contractor, By known to me in those individual and Designee business capacities , personally appeared before me today and acknowledge that he/ Form Approved: they signed it and that the corporation executed this instrument pursuant to its By bylaws or a resolution of its board of dir for . IOFfICIALSEAL Not ubl c/Dep County Clerk ` Roberta Gaff Coibum • NOTARYPUBLIC-CALIFORNIA Dated: (6-5-80) Principal Office in Contra Costa County My Commission Expires June 15 1984 I Contra Costa County • • Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 22-033-17 1. Payment Basis. County shall in no event pay to the Contractor a sum in . excess of the total amount specified in the Payment Limit of this Contract. Subject to the Payment Limit, it is . the_intent of the parties hereto that the total payment to the Contractor for all services provided for,County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [Check one alternative only] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. An amount equal to Contractor's allowable costs that are actually, incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [X] d. An amount equal to Contractor's allowable costs that are actually incurred semi--monthly, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. Contractor will submit demands semi--monthly for allowable costs that have been actually incurred in each prior semi—monthly period. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check one alternative only] [X] a. General Services Administration Federal Management Circular FMC 74--4, Attachment A (Principles For Determining Costs Applicable To Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost), and, subject to said Attach- ments A and B. such other documents (if any) specified in the Service Plan regarding: (1) Principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and (2) Standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan, or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non--allowable costs. 4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said ,payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. [See Special Conditions, Paragraph 3.] Initials: *rac County Dept. (6-4-80) 1� i i Contra Costa County Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) Number 22-033-17 _5. Right to Withhold. County has the right ,to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, ,in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish_information or to cooperate with any inspection, review or audit of its program, work or records, _or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than sixty (60) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the ,payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. [See Paragraphs 2 and 4 of the Special Conditions] 7. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required ,by.the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by.applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to,Paragraph 2. (Payment Amounts) above, including any adjustments made.pur- suant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. i (6-4-80) --2- /3 SERVICE PLAN Number 22--033--17 1. Service Provisions a. Contractor shall: (1) Serve meals which have been provided,by County in a_comfortable, congenial atmosphere and schedule and .coordinate the provision of supportive social . - . services pursuant to County—approved program schedules for the County Nutrition Project for the Elderly, daily on.every Monday through Friday, during the period of this Contract, .excepting on the following national .holidays: Veteran's Day, Thanksgiving Day, Christmas (celebrated December 26, _ 1983), New Years Day (celebrated January 2, 1984), Washington's Birthday, and Memorial Day. (2) Comply with specifications relevant to its performance included in the Application and Approval Documents set forth in Contract Paragraph 7. (Project) under Title III--C(1) of the Older Americans Act which is incorporated herein by reference. (3) Comply with the attached Federal and State Requirements Addendum which is made a part of this Contract by this reference. (4) .Comply with the Work Program, attached hereto which is incorporated by reference as Appendix A. (5) Provide meals for service under this Contract from the food caterer or caterers designated by the County in writing. (6) Solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the community. Contractor will-place primary emphasis on reaching those isolated persons who, because of limited financial resources, are unable to prepare for themselves well—balanced, nutritious meals. As vacancies occur in the meals program, staff shall attempt to fill these openings with persons that meet the above criteria rather than on a_first— - - - . come, first—served basis; a registration-system and waiting list will be used to insure maximum utilization of the Program by persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. (7) Operate congregate sites in cooperation with local County Home--Delivered Meals Providers, sharing outreach information and referring potential participants. b. County shall: (1) At County expense, arrange to have meals in sufficient quantity and quality to meet Contractor's obligations under this Contract, prepared and delivered to the Nutrition Sites specified in Paragraph II.A. (Meal Services) of the Work Program. (2) .Loan to Contractor the necessary dinnerware, utensils and food ser— vice equipment needed to meet its obligations under this Contract. (3) Provide Contractor with supportive services needed to meet its commitments under the Work Program of this Contract, such as nutrition training for staff and participants, referral and information services, and consumerism. 2. Payment for Service a. The "Budget of Estimated Program Expenditures" referred to in the Payment Provisions is incorporated herein by reference as Appendix B. The semi—monthly payment for reimbursable expenditures to Contractor. referred to in the Payment Provisions will be less the amount ,of income collected for meals during said semi—monthly period and the amount of all -cash donations received on behalf of the Project from cities, organi- zations, and other non--participant sources, which will be deducted from total Contractor expenses in arriving at the net amount due. b. A separate checking account (Income Account) will be established by Contractor which will be apart from any other Contractor accounts, in which shall be deposited all payments for meals received from participants. Income shall be deposited twice weekly or when-total undeposited income exceeds $100. The Income Account will be used only to transfer funds to Contractor's General Account upon release by the County Auditor's Office. , Other than cash disbursements from any Petty Cash-fund, all of Contractor's project disbursements will be by check, drawn upon Contractor's General Account or any special account specifically for this project. All disbursements from Contractor's General Account for the Nutrition Project shall be clearly identified as such. i � Initials: Itractor ounty Dept. /3 � I • APPENDIX B BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number 22-033-17 Budget Categories 1. PERSONNEL Salary and Wages $131;120 Fringe Benefits 24,012 Subtotal $1552132 2. FOOD COSTS: Condiments $ 100 3. STAFF EXPENSES Travel $ 4,300 Training 215 Subtotal $ 4,515 4. OTHER COSTS Building Space $ 10,296 Telephone 4,000 Utilities 504 Office Expense 1;830 Kitchen Supplies 2,300 Printing 720 Repair and Maintenance Space 11068 Repair and Maintenance Equipment 280 Management 142229 Insurance 550 Volunteer Expenses 1,040 Advertising 86 Subtotal $ 369903 Total Costs $196;650 Less Project Meal Income $130,548 Donations 19;077 Subtotal ($149,625) NET CONTRACT COSTS (Contract Payment Limit) $ 47,025 Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of each line item amouttt shown above, subject to the Contract Payment Limit. In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project Director. Initial*ontractor County Dept. I I I I l.3 � • • APPENDIX A WORK PROGRAM Number 22--033-17 I. ADMINISTRATION. Contractor agrees to: I A. Staff 1. Recruit, hire, and train paid and volunteer staff as needed and budgeted to. provide administration, meal service and supportive services. Contractor's job descriptions for its staff must include those duties ,and reponsibilities listed in the job descriptions submitted as part of County's grant application to the State Office on Aging. 2. Supervise staff in the carrying out of those activities as defined in Title III-C(1) of the Older Americans Act and as specified herein and ensure that participants are treated courteously and warmly. 3. Include an elected representative from the affected Site Council in the interview process in hiring any Project Site Manager. 4. Facilitate and coordinate activities with County-assigned staff within the project. 5. Provide the opportunity for the County Project Director to participate in the interview process in hiring any Project Coordinator Position. B. Program Planning 1. Participate with County in program planning and development of other community resources. C. Records 1. Maintain records of participants and project operation, which shall be open,to inspection by authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books on all expenditures and income related to the project and maintain Cash Disbursements, Payroll and In--Kind Resources Journals. 3. Provide County with program and financial reports on a timely basis as requested by County. II. MEAL SERVICES A. Congregate Meals Sites. Contractor will: 1. Serve an average of 645 congregate meals 5 days per week at 13 sites, as follows: Alamo Street Center, 321 Alamo Street, Richmond, CA Senior Adult Center, 1943 Church Lane, San Pablo, CA Senior Citizen Drop-In Center, 189 Parker Avenue, Rodeo, CA Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA Con d Senior Center, 2727 Parkside Circle, Concord, CA rose Community Center, ,3105 Willow Pass Road, Pittsburg, CA Walnut Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA Blue Devils' Club Building, 2395 Monument Boulevard, Concord, CA G�' "``�`' Y 8WPomona Avenue, Crockett, CA Veterans Club, 5218 Sobrante Avenue, E1 Sobrante, CA Marina ,Community Center, 340 Black Diamond, Pittsburg, CA Veterans Memorial Building, First and Mt. Diablo, Lafayette, CA 2. Obtain' prior written approval of County's,Nutrition Project Director before changing the monthly average number of meals served or any site location. 3. Maintain a current file of sanitarian and fire marshal reports for each site, approving use of site by Nutrition Project. 4. Reassign meals from one County Nutrition Site to another dependent on the success of Outreach efforts and need and upon written notification by County's Project Director. Initials: *tractorCounty Dept. -1- ,� l3 :; I • • WORK PROGRAM APPENDIX A Number 22-033-17 B. Homebound Meals. Contractor will not deliver more than 10% of total meals to participants' homes. Participants are eligible for homebound meals only when they are regular participants at a congregate meal site and are temporarily ill or incapacitated. Contractor shall complete and keep on file form #NP-29 Congregate Waiver and medical certificate for each participant receiving a homebound meal and will deliver meals in accordance with County specifications. If a participant's illness or incapacitation is to exceed five days, Contractor will ,contact the nearest County Home—Delivered Meals Provider in the area and refer the participant. C. Staffing. Contractor will use staff and volunteers primarily for the delivery of meal service and secondarily for provision of supportive services (Paragraph III A below) . Staff and volunteers will be permanently or temporarily reassigned to meal service whenever necessary and appropriate. D. Meal Delivery. Contractor shall: 1. Order meals from the food caterer designated by County with 24 hours notice and accept and verify delivery of meals at the site designated. 2. Clean food containers after meals and prepare them for pickup by the food caterer for his use in preparing for the next delivery to Contractor. Contractor will clean and store daily any food warmers assigned by County. 3. Certify the number of meals and acceptability of the food (including temperature of hot food and cold food) supplied by the food caterer using form #NP--36, Program Evaluation. Contractor will submit this form to County each Friday afternoon and cover food service for Monday through Friday for that week. 4. Maintain County—owned and assigned equipment in a reasonable condition and be responsible for replacement costs of said equipment if .lost or damaged through negligence. Contractor will submit a quarterly inventory of County—owned equipment to,County. , Contractor will submit a monthly inventory of paper goods to County with reorder forms, NP--17, Project Requisition. 5. Maintain a close working relationship with the food caterer and County Nutritionist, including coordination of food service training of Contractor's staff and volunteers by the food caterer and County Nutritionist. E. Service Assessment. Cooperate with County's assessment of service, at least once yearly, and comply with recommendations within 30 days of written notification, subject to time extension with written approval of County's Nutrition Project Director. III. SUPPORTIVE SERVICES A. Contractor agrees to encourage and coordinate the following supportive ser— vices in conjunction with meal service subject to direction of County: 1. Outreach 4. Tranportation 2. Recreation 5. Food shopping assistance 3. Escort B. Contractor agrees to provide time and place for the following services to be offered by County—assigned staff: 1. Nutrition education 2. Information and Referral 3. Health and Welfare counseling 4. Site Council Training and Information Sessions IV. SITE COUNCILS Contractor will continue to develop and staff a site council for each congregate meal site, with at least 51% of the site council membership to consist of persons receiving meal services. Site Councils shall meet once monthly,and follow the guide- lines established and stated in the Project Council ByLaws, ,which is incorporated herein by reference. ,Minutes of Site Council meetings shall be forwarded to County's _Project Director by the last day of each month. Contractor may also appoint nonparticipants who are knowledgeable of the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor's staff shall see that elected representatives from each site attend all County Proje ouncil meetings and Menu Review Committee meetings. Initials 4OIretractor t6untf Dept. —2— I I • SPECIAL CONDITIONS • (Nutrition Project for the Elderly) I I Number 22-033-17 I 1. Novation. Thelparties having entered into a prior nine-month contract . 4122-033-1 for-the� period from October 1, 1982 ,through June 30, ,1983 (which con- tained_provision. for an:_automatic 3-month contract extension for the period from July. 1, 1983 through,September 30, ,1983), County and Contractor hereby_agree_to_ substitute this 1983-84 fiscal year Contract for the aforesaid three-month auto- matic contract extension. Effective July 1, 1983, all contract _rights,and obligations of the parties will be governed by this 1983-84 fiscal year Contract. 2. Cost Report and Settlement. Paragraph 6. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "No later than July 31, 1984, or 30 days following the termination of this Contract, whichever comes first, Contractor shall submit to County a fiscal year cost report in the form required by County, showing. the_total gross allowable program costs which have actually _ been incurred by Contractor, and the total amount of income collected for meals by Contractor, during the 12-month fiscal year period,from July 1, 1983 through June 30, 1984, in accordance with the Budget of Estimated,Program Expenditures set forth in the Service Plan. If said cost report shows that the net allowable contract costs (as defined below) which have actually been incurred by Contractor during said fiscal year period exceed the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but not to exceed the 12--month Payment Limit of $ 47,025 for said fiscal year period. If said cost report shows that the payments made by County for said fiscal year period pursuant to Paragraph 2. (Payment Amounts) above exceed said net allowable contract costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The net allowable contract costs for cost report and settlement purposes shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during said,fiscal year period, minus the total amount of income collected for meals by Contractor during said fiscal year period ending June 30, 1984, computed in accordance with the Budget of Estimated Program Expenditures included in the Service Plan. 3. Payment Demands. Paragraph 4. (Payment Demands) of the Payment Provisions is hereby modified in its entirety to read as follows: "Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. _ Contractor shall submit said demands for payment for services rendered no later than 30 days from the end of the month in which said services are actually.rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above." 4. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, unless this Contract is terminated prior to June 30, 1984, by either party pursuant to Paragraph 5. (Termination) of the General Conditions, the term of this Contract shall be automatically extended for the 3-month period from July 1, J984 through September 30, 1984. The purpose of the automatic 3-month contract extension is to allow for continuation of services as specified in this Contract, during which time County will finalize applicable parts of the County budget to seek State approval of such budget, if necessary,or appropriate, and complete for Contractor and County Board of Supervisors appro- val a_novation contract for the 1984-1985 fiscal year (including.such payment . limits and financial provisions as agreed upon after final determination of the County's Nutrition Project for the Elderly). As to any such 3-month extension of this Contract: Initials 4Etracto7r County D pt. -1- i �3 SPECIAL CONDITIONS (Nutrition Project for the Elderly) Number 22-033--17 a. If this Contract is automatically extended for 3 months, the Contract Payment ,Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $ 11,756 (the 3--month Payment Limit) and County's total payments to Contractor for said 3--month extension period shall not exceed this 3-month Payment Limit, subject, nevertheless, to the aforesaid novation contract for the 1984-85 fiscal year. b. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan) and line item budget amounts (set forth in the Budget of Estimated Program Expenditures) shall be prorated for the three--month period. C. In addition to the cost report specified in Paragraph 6. (Cost Report and Settlement) of the Payment Provisions as amended by these Special Conditions, .Contractor shall also submit to County, no later than 30 days following termination of this contract as extended, an extension period cost report covering the period,of this three--month extension. County and Contractor shall follow the cost report and settlement procedures specified in the above- referenced Paragraph.6. (Cost Report and Settlement) of the Payment Provisions, subject to the three--month Payment Limit of $ 11,756 for the contract extension period. d. This three--month contract extension shall be subject to any further agreement (novation) which Contractor and County may enter into covering the provision of services during the contract period immediately following the contract period specified in Paragraph 3. (Term), in accordance with Contra Costa County's current revision of the project specified in Paragraph 8. (Project) . 5. Payment Limit Increase. This Contract may be amended to prospectively increase the Payment Limit, but.only from a surplus in, or an increase in the County Nutrition Project Budget, applicable to this Contract approved by the County Board of Supervisors. 6. Donations. If there is .an increase in Title III--C(2) of the Federal Older Americans Act of 1965 funding applicable to this Contract or a surplus of available County Nutrition Project for the Elderly funds, County may, in its discretion, amend this Contract to substitute such funds for all or part of Contractor's obligation to provide donations, if Contractor agrees in said amendment to use said additional monies for the sole purpose of meeting Contractor's allowable costs incurred in providing services under this Contract but subject to the 'Budget of Estimated Program Expenditures" included in the Service Plan. Initials: Co ractor County Dept. -2- /3 FEDERAL AND STATE REQUIREMENTS ADDENDUM Subject to the General Conditions of this Contract, Contractor shall comply with the following federal and state requirements: I. Equal Opportunity Clause. A. Employment of personnel shall be made solely on the basis _of_merit, _ without regard to race, religion, color, sex, national origin, age, or physical or mental handicap. B. Affirmative action shall,be taken to ensure that job applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or physical or mental .handicap. Such action shall includes but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other .forms of compensation; and career development opportunities and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees ,and applicants for employment, notices provided by the Federal Government or the State setting forth the provisions of the Equal Opportunity Clause and the Rehabilitation Act of 1973. C. All solicitations or advertisements for employees placed by or on behalf of Contractor, and/or any subcontractor, shall state that all qualified appli- cants will receive consideration for employment ,without regard to race, religion, color, sex, national origin, age, or physical or mental handicap. D. Each labor union or representative of workers with which Contractor has a collective bargaining agreement, or other such contract or understanding, must post a notice provided by the State advertising Contractor's obligations under these equal,opportunity and nondiscrimination requirements to the labor union or workers' representative and shall post copies of said notice in conspicuous pla- ces available to employees and applicants for employment. E. Contractor shall furnish all information and reports required by Federal Executive Order No. 11246 as amended and the Rehabilitation Act of 1973, and by the rules, regulations and orders of the Secretary of Labor, and shall permit access to books, records, and accounts pertaining to this Contract for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of noncompliance with these equal opportunity and non-- discrimination requirements, or as otherwise provided by State or Federal law, this Contract may be cancelled, terminated, or suspended in whole or in part and Contractor, and/or any subcontractor, may be declared ineligible for further federal or state-funded contracts in accord nce with procedures authorized in Federal Executive Order No. 11246 as amende . G. All provisions of Paragraphs A th ough G, inclusive, shall be included by Contractor in every subcontract (unless exempted by rules, regulations, or orders of the Secretary of Labor issued pu suant to Federal Executive Order No. 11246 as amended, or Section 503 of the Re abilitation -Act of 1973), so that said provisions will be binding upon each subco tractor. Contractor shall take such action with respect to any subcontractor a the Director of the Office of Federal Contract Compliance Programs or the State ay direct as a means of enforcing such provisions including sanctions for noncomp iance, provided, however, that in the event that Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direct on by the,State, Contractor may request the State by writing to the State, who in turn may request the United States, to enter into such litigation to otect the interests of the State and the United States. II. Services, benefits, ,and facilities s all be provided to qualified patients without regard to their race, color, cree , national origin, sex, age, or physi- cal or mental handicap and no one will be refused service because of inability to pay for such services. i 13 J FEDERAL AND STATE REQUIRE NTS ADDENDUM III. Reporting Requirements. Pursuant to Gov rnment Code §7550, Contractor shall include in all documents or written repo is completed and submitted to County in,accordance with this ,Contract, a sep rate section listing the numbers and dollar amounts of all contracts and subco racts relating to the preparation of each such document or written report. Thi section shall apply only if the payment limit under this Contract exceeds $5, 00. IV. Access to Books and Records of Contract r Subcontractor. Pursuant to Section 1861 v)(1) of the Social Security Act and any regulations promulgated thereunder, Contractor shall, upon written re uest and until the expiration of four years after the furnishing of services p rsuant to this Contract, make available to the Secretary of Health and Huma Services or to the Comptroller General, or any of their duly authorized repr sentatives, this Contract and books, documents, and records of Contractor t at are necessary to certify the nature and extent of all costs and charges he eunder. Further, if Contractor carries out any of th duties of this Contract through a subcontract with a value or cost of $10,000 r more over a twelvemonth period, such subcontract shall contain a clause to t e effect that upon written request and until the expiration of four' 'years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the Secretary or to the Comptroller General, or any of their my authorized representatives, the subcontract and books, documents, and record of the subcontractor that are necessary to verify the nature and extent of all costs and charges hereunder. This special condition is in addition to .any and all other terms regarding the maintenance or retention of records under th s Contract and is binding on the heirs, successors, assigns and representati s of Contractor. -Z.. I Cait-ra Gosta County • Standard Form i GENERAL CONDITIONS i (Purchase of Services) ' 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2 . Inspection. Contractor ' s performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3 . Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor ' s regular business records and such additional records pertaining to this Contract as may be required by the County. 4 . Retention of Records. Contractor shall retain all documents per- taining to this Contract for five years from the date of submission of Contractor 's final payment demand or final Cost Report ; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract ' s funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent . b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reason- able manner it chooses. The cost to the County of completing Contractor ' s performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County 's rights otherwise to recover its damages. C. Cessation of Funding . Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6 . Entire Agreement. This Contract contains all the terms and con- ditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7 . Further Specifications for Operating Procedures . Detailed speci- fications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes , may be :developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements .shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already re- quired hereunder . Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as .provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. (A-4616 REV 6/80) -1- i 13 I Contra Costa County • Standard. For.m. GENERAL CONDITIONS ` (Purchase of Services) 8 . Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval , by its designee, subject to any required State or Federal approval. b. Administrative Amendments . Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject, to any required State or Federal approval, provided that such administrative amendments maynot materially change the Payment Provisions or the Service Plan. 9 . Disputes. Disagreements between the County and Contractor con- cerning the meaning, requirements , or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government . 10 . Choice of Law and Jurisdiction. a. This Contract is made in Contra Costa County and shall be, governed and construed in accordance with the laws of the State .of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11 . Conformance .with Federal and State Regulations . Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof , this Contract shall be amended to assure conformance with such Federal or State requirements. 12 . No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions , inspections or approvals, or statements by any officer , . agent or employee of the County indicating the Contractor ' s performance or any part thereof complies with the requirements of this Contract , or acceptance of the whole or any part of said performance , or payments there- for, or any combination of these acts, shall not relieve the Contractor' s obligation to fulfill this Contract as prescribed ; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract . 13 . Subcontract and Assignment. This Contract binds Lae heirs, suc- cessors, assigns and representatives of Contractor . The Contractor shall not enter into subcontracts for any work contemplated under :.his Contract and shall not assign this Contract or monies due or to L�comc due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14 . Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be con- strued to create the relationship of agent, servant, employee, partnership , joint venture or association. (A-4616 REV 6/80) -2- Cgntra Costa County • • Standard Form a GENERAL CONDITIONS (Purchase of Services) 15 . Conflicts of Interest . Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, ' Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or - the list of its governing body as changes in such governance occur . 16 . Confidentiality. Contractor agrees to comply and to require its employees, agents and partners to comply with all applicable State- or Federal statutes or regulations respecting confidentiality, including but not limited to , the identity of persons served under this Contract, their records, or services provided- them, and assures that : a. All applications and records concerning any individual made or kept by Contractor or any- public officer or agency in- connection with the administration of or relating to services provided under this Contract will be confidential , and will not be open to examination for any purpose not directly connected with th-e administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed , any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees , agents and partners of the above provisions, and that any person knowingly and intentionally disclosing . such information other than as authorized by law may be guilty of a misdemeanor . 17 . Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap , and that none shall be used , in whole or in part, for religious worship or instruction. 18 . Indemnification. The Contractor shall d-efend, save harmless and indemnify the County and its- officers, agents and employees from all lia- bilities and claims for damages for deat-h, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the ser- vices of the Contractor hereunder , resulting from the conduct , negligent or otherwise, of the Contractor, its agents or employees. 19 . Insurance. During the entire term of this Contract and any extension or modification thereof , the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in Special Conditions : a. Liability Insurance. The Contractor -shall provide compre- hensive liability insurance-, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500, 000 \or all damges, including consequential damages, due to bodily injury, sickness _or disease, or death to any person or damage to or destruction of property, including .the loss of use thereof , arising from each occurrence. Such insurance shall be endorsed to include the County and its- officers and employees as additional named insureds as to-' all ser- vices performed by Contractor under this agreement. . b. Workers ' Compensation. The Contractor shall provide workers ' compensation insurance coverage for its employees. 1 (A-4616 REV 6/-80) -3- �G3 F Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy (ies) or acquire either a new insurance policy (ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies pro- vided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them , or their self- insurance program(s) shall not be required to contribute to any loss covered under the Contractor ' s insurance policy or policies. 20. Notices . All notices provided ,for by this Contract shall be in writing and may be delivered by deposit in the United States mail , postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor ' s address designated herein. The effective date of notice to the Contractor shall be the date of deposit in the mails or of other delivery. The effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21 . Primacy of General Conditions . Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22 . Nonrenewal. Contractor understands and agrees that there is no representation,. implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new con- tract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor . 23. Possessory Interest. If this Contract results in the Contractor having possession of , claim to or right to the possession of land or improve- ments, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107 ) , such interest or improve- ments may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes . levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107 . 6, and waives all rights to further notice or to damages under that or any comparable statute. (A-4616 REV 6/80) -4- =� CONTRA COSTA COUNTY Cort..►a Costa County HEALTH SERVICES DEPARTMENT RECEIVED JUN 14 1983 Office of County Administrator M. G. Wingett, County Administrator To: Attention: C. L. Van Marter Date: June 14, 1983 From: Arnold S. Leff, M.D., Director Subject: CONTRACT 1122-033-17 WITH By: Elizabeth A. Spooner, Acting HOME HEALTH AND COUNSELING Contracts h Grants nistrator SERVICE, INC. Attache or presentation to the Board of Supervisors is the following contract for the Department's Public Health Division: Number: 22-033--17 Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. Term: July 1, 1983 through June 30, 1984 with an automatic extension through September 30, 1984 Payment Limit: $47,025 in FY 82-83, plus $11,756 in FY 83-84 during extension Y Funding: 100% Federal funds under the Older American Act of 1965, as amended Service: Congregate meal services for the Contra Costa County Nutrition Project for the Elderly This contract has been approved by the Department's Contracts and Grants Administrator in accordance with the guidelines approved by the Board's Order of December 1, 1981 (Guidelines for contract preparation and processing, Health Services Department) . It is, therefore, recommended that this contract be approved and submitted to the Board at their next meeting on Tuesday, June 21, 1983. DG:ta Attachments cc: Clerk,of the Board RECEIVED R. OLSSON RD OF SUP VISORS B ut ` A-41 3/81 I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September-:28, 1982 by the following vote: AYES: Supervisors Powers , Schroder , Torlakson, McPeak NOES: None ABSENT: Supervisor Fanden ABSTAIN: None SUBJECT: Approval of Contract # 22-033-16 with HOME HEALTH AND COUNSELING SERVICE, INC. The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Contract #22-033-16 with Home Health and Counseling Service, Inc., for congregate meal service for the County's Nutrition Project for the Elderly, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the Chair is AUTHORIZED to execute the contract as follows: Number: 22-033-16 Department: Health Services - Public Health Division Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. Term: October 1, 1982 through June 30, 1983 with a three-month automatic extension through September 30, 1983. Payment Limit: $44,796 in FY 82-83 plus $14,932 in FY 83-84 during automatic extension Service: Congregate meal services for the Contra Costa County Nutrition Project for the Elderly I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervi� ote shown. ATTESTED: J.R. 01 SO-ON, COUNTY CLERK and ex officio Clerk of the Board By .��2, "tom` r� , Deputy Orig. Dept.: Health Services Dept./CGU cc: County Administratbr Auditor-Controller Contractor I DG:ta Contra Costa County Standard Form STANDARD CONTRACT (Purchase of Services) �� cc�� 1. Contract Identification. Number2 2 - ® 33 — 16 Department : Health Services (Public Health Division) Subject : Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly 2. Parties . The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows : Contractor : HOME HEALTH AND COUNSELING SERVICE, INC. Capacity : Nonprofit California corporation Address : 110 Petticoat Lane, Walnut Creek, California 94596 3 . Term. The effective date of this Contract is October 1, 1982 and it terminates June 30, 1983 unless sooner terminated as provided herein . W3 . Payment Limit. County' s toayments to Contractor under this Contract shall not exceed $ 44 Q4 t 5 . County' s Obli ons . County hall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6 . Contractor ' s Obligations . Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7 . General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorpo- rated herein by reference. 8 . Project. This Contract implements in whole or in part the following described Project, the ,application and approval documents of which are incorporated herein by reference: Contra Costa County Nutrition Project for the Elderly under Title III-C(1) of the Federal Older Americans Act of 1965, as amended; and Interdepartmental Service Agreement Senior Nutrition Project between Social Service Department and Health Services Department. 9 . Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC Sections 3045ff and 45 CFR §909ff; and California Government Code Sections 26227 and 53703. 10. Signatures. These signatures attest the parties ' agreement hereto : COUNTY OF CONTRA COSTA, CALIFORNIA CON 0 B �� Llftd or . esignee, Board of Supervisors (Designate of cial capacity) Attest : J.R. Olsson, , County Clerk /D State of California ) By ( &zLr. ) as. Deputy County of Contra Costa ) Recommended b D a tment ACKNOWLEDGEMENT (CC 1190.1) The person signing above for Contractor, By known to me in those individual and Designee business capacities , personally appeared before me today and acknowledge that he/ Form Approved: they signed it and that the corporation executed this instrument pursuant to its By bylaws or a resolution of its board of dire for Not y Publ4lDeput ounty Clerk (6-5-80) Dat 3: / Roberta Gall CoESueret ® NOTARY PUBLIC-CALIFORNIA Principal Office in Contra Costa Cody My Commission Expires June A ad I Contra Costa County I • • Standard Form • I PAYMENT PROVISIONS (Cost Basis Contracts) Number 22 - 033 - 16 1. Payment Basis. County shall in no event pay to the Contractor a sum in . _ excess of the total amount specified in the Payment Limit of this Contract. , Subject to the Payment Limit, it is. the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract, shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. . 2. Payment Amounts. Subject to later adjustments in total payments in accordance.with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [Check one alternative only] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. An amount equal to Contractor's allowable costs that are actually_ _ . incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [X] d. $ 5,000 in advance, upon demand. Thereafter, an amount equal to Contractor's allowable costs that are actually incurred semi-monthly, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. Contractor will submit demands semi-monthly for allowable costs that have been actually incurred in each prior semi-monthly period. 3. Allowable Costs. Contractor's allowable costs are only those which are determined in accordance with: [Check one alternative only] [X] a. General Services Administration Federal Management Circular FMC 74-49 Attachment A (Principles For Determining Costs Applicable To Grants and Contracts With State and Local Governments) and Attachment B_ (Standards For Selected Items of Cost), and, subject _to said.Attach- ments A and B. such other documents (if any) specified in the Service Plan regarding: (1) Principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and (2) Standards for determining the allowability of selected items of, costs of providing those services set forth in the Service Plan, or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. 4. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. [See Special Conditions, Paragraph 2.] Initials: C ntractor County Dept.. (6-4-80) -1- [Continued on Reverse Side] i Contra Costa County • • Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) .5. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance. .in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish_information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. �6. Cost Report and Settlement. No later than sixty (60) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable.costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. [See Special Conditions, Paragraph 1.1 7. Audits. The records of the Contractor may be audited by the County, State, . _ or United States government, in addition to any certified cost report or audit required by. the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such. period of time as may be expressed by.applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from. the termination date of this Contract. , If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including.any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any_ such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County . pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pur- suant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. . 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also. agrees to pay to the County within 30 days of demand by County the full amount of the County's .liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. (6-4-80) -2- SERVICE PLAN Number 2 2 - 0 33 16 1. Service Provisions a. Contractorlshall: (1) Serve meals which have been provided by County in a comfortable, congenial atmosphere and schedule and.coordinate the provision of supportive social services pursuant to County-approved program schedules for the County Nutrition Project for, the Elderly, daily on every Monday through Friday, during the period of this Contract, excepting on the following national holidays: Veteran's Day, Thanksgiving Day, Washington's Birthday and Memorial Day. (2) Comply with specifications relevant to its performance included in the Application and Approval Documents set forth in Contract Paragraph 7. (Project) under Title III-C(1) of the Older Americans Act which is incorporated herein by reference. (3) Comply with the Work Program, attached hereto which is incorporated by reference as Appendix A. (4) Provide meals for service under this Contract from the food caterer or caterers designated by the County in writing. (5) Solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the community. ,Contractor will ,place. primary emphasis on reaching those isolated persons who, because of limited financial resources, are unable, to prepare for themselves well-balanced, nutritious meals. . As vacancies occur in the meals program, staff shall attempt to fill these openings with persons that meet the above criteria rather than on a first- come, first-served basis; a registration system and waiting list will be used to insure maximum utilization of the Program by.persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. (6) Operate congregate sites in cooperation with local County Home-Delivered Meals Providers, sharing outreach information and referring potential participants. b. County shall: (1) At County expense, arrange to have meals in sufficient quantity, quality and numbers to meet Contractor's obligations under this Contract, prepared and delivered to the Nutrition Site specified in Paragraph II.A. (Meal Services) of the Work Program. (2) Loan to Contractor the necessary dinner ware, utensils and food ser- vice equipment needed to meet its obligations under this Contract. (3) Provide Contractor with supportive services needed to meet its commitments under the Work Program of this Contract such as nutrition training for staff and participants, referral and information services, and consumerism. 2. Payment for Service a. The "Budget of Estimated Program Expenditures" referred to .in the Payment Provisions is incorporated herein by reference as Appendix B. The semi-monthly payment for reimbursable expenditures to Contractor referred to in the Payment Provisions .will be less the amount of income collected for meals during said semi-monthly period and the amount of all cash .donations received on behalf of the Project from cities, organi- zations, and other non-participant sources, which will be deducted from total Contractor expenses in arriving at the net amount due. b. A separate;_checking account (Income Account) will be established by Contractor which will be apart from any other Contractor accounts, in which shall .be deposited all payments for meals received from participants. Income shall be deposited twice weekly or when total undeposited income exceeds $100. The Income Account will be used only to transfer funds to Contractor's General Account upon release by the County Auditor's Office. Other than cash disbursements from any Petty Cash fund, all of Contractor's project disbursements will be by check, drawn upon Contractor's General Account or any special account specifically for this project. All disbursements from Contractor's General Account for the Nutrition Project shall be clearly identified as such. Initials ontractor County Dept n 13 APPENDIX A WORK PROGRAM Number 2 2 - 0 3 3 - 16 I. ADMINISTRATION. Contractor agrees to: A. Staff 1. Recruit, hire, and train paid and ,volunteer staff as needed and budgeted to. provide administration, meal service and supportive services. Contractor's job descriptions _for its staff must include those ,duties .and reponsibilities listed in the job descriptions submitted as part of County's grant application to the State Office on Aging. 2. Supervise staff in the carrying out of those activities as defined in Title III-C(l) of the Older Americans Act and as specified herein and ensure that participants are treated courteously and warmly. 3. Include an elected representative from the affected Site Council in the interview process in hiring any Project Site Manager. 4. Facilitate and coordinate activities with County-assigned staff within the project. 5. Provide the opportunity for the County Project Director to participate in the interview process in hiring any Project Coordinator Position. B. Program Planning 1. Participate with County in program planning and development of other community resources. C. Records 1. Maintain records of participants and project operation, which shall be open to inspection by authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books on all expenditures and income related to the project and maintain Cash Disbursements, Payroll and In-Kind Resources Journals. 3. Provide County with program and financial reports on a timely basis as requested by County. II. MEAL SERVICES A. Congregate Meals Sites. Contractor will: 1. Serve an average of 610 congregate meals 5 days per week at 13 sites, as follows: Alamo Street Center, 321 Alamo Street, Richmond, CA Senior Adult Center, 1943 Church Lane, San Pablo, CA Senior Citizen Drop-In Center, 189.Parker Avenue, Rodeo, CA Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA Concord Senior Center, . 2727 Parkside Circle, Concord, CA. Ambrose Community Center, . M 05 Willow Pass Road, Pittsburg, CA Walnut Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA Blue Devils' Club Building, 2395 Monument Boulevard, Concord, CA St. Marks Episcopal Church, 800 Pomona Avenue, Crockett, CA Veterans Club, 5218 Sobrante Avenue, El Sobrante, CA Marina Community Center, 340 Black Diamond, Pittsburg, CA Veterans Memorial Building, First and Mt. Diablo, Lafayette, CA 2. Obtain prilr written approval of County's Nutrition Project Director before changing the monthly average number of meals served or any site location. 3. Maintain alcurrent file of sanitarian and fire marshal reports for each site, approving use of site by Nutrition Project. 4. Reassign meals from one County Nutrition Site to another dependent . on the success of Outreach efforts and need and upon written notification by County's Project Director. I i Initials: Co ractor County Dept. -1- 13 APPENDIX A WORK PROGRAM c� Number 22 - 03 - 16 3 B. Homebound Meals. Contractor will not deliver more than 10% of total meals ,to participants homes. Participants are eligible for homebound meals only when they are regular participants at a congregate meal site and are temporarily ill or incapacitated. Contractor shall complete and keep on file form #NP-29 Congregate Waiver and ,medical certificate for each participant receiving a homebound meal and will deliver meals in accordance with County specifications. If a_participant's . _ illness or .incapacitation is to exceed five days, Contractor will contact the nearest County Home-Delivered Meals Provider in the area and refer the participant. ,C. Staffing. Contractor will use staff and volunteers primarily for the delivery of meal service and secondarily for provision of supportive services (Paragraph III A below). Staff and volunteers will be permanently or temporarily reassigned to meal service whenever necessary and appropriate. D. Meal Delivery. Contractor shall: 1. Order meals from the food caterer designated by County with 24 hours notice and accept and verify delivery of meals at the site designated. 2. Clean food containers after meals and prepare them for pickup by the food ,caterer for his use in preparing for the next delivery to Contractor. And Contractor will clean and store daily any food warmers assigned by County. 3. Certify the number of meals and acceptability of the food (including . temperature of hot food and cold food) supplied by the food caterer using form #NP-36, Program_Evaluation. Contractor will submit this form to County each Friday afternoon and cover food service for Monday through Friday for that week. 4. Maintain County-owned and assigned equipment in a reasonable condition and be responsible for replacement costs of_said equipment if lost or damaged through negligence. Contractor will submit a quarterly inventory of County-owned equipment to County. And Contractor will submit a monthly inventory of paper goods to County with reorder forms, NP-17, Project Requisition. 5. Maintain a close working relationship with the food caterer and County Nutritionist, including coordination of food service training of Contractor's staff and volunteers by the food caterer and County Nutritionist. E. Service Assessment. Cooperate with County's assessment of service, at least once yearly, and comply with recommendations within 30 days of written notification, subject to time extension with written approval of County's Nutrition Project Director. III. SUPPORTIVE SERVICES A. Contractor agrees to encourage and coordinate the following supportive ser- vices in conjunction with meal service subject to direction of County: 1. Outreach 4. Tranportation 2. Recreation , 5. Food shopping assistance 3. Escort i I B. Contractor agrees to provide time and place for the following services to be offered by County-assigned staff: 1. Nutrition education 2. Information and Referral 3. Health andiWelfare counseling 4. Site Council Training and Information Sessions IV. SITE COUNCILS Contractor will continue to develop and staff a site council for each congregate meal site, with at least 51% of the site council membership to consist of persons receiving meal services.) Site Councils shall meet once monthly and follow the guide- lines established and stated in the Project Council Bylaws, which is incorporated herein by reference. Minutes f Site Council meetings shall be forwarded to County's Project Director by the last days of each month. . Contractor may also appoint non-participants who are knowledgeable ofl the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor's staff shall see that elected representatives from each site attend all County Project Council meetings and Menu Review Committee meetings. �+ Initials• -2- tractor County Dept i i APPENDIX B BUDGET OF ESTIMATED PROGRAM EXPENDITURES G� cc�� C Number 2 2 - ® 3 J - 16 CONTRACTOR: HOME HEALTH AND COUNSELING SERVICES, INC. Budget Categories Nine-Month Contract Term 1. PERSONNEL Salary and Wages $ 90,816 Fringe Benefits 13,435 Subtotal $1042251 2. FOOD COSTS: Condiments $ 140 3. STAFF EXPENSES Travel $ 39215 Training 100 Subtotal $ 3,315 4. OTHER COSTS Building Space $ 7,377 Telephone 2,664 -Utilities 378 Office Expense 1,800 Kitchen Supplies 1,884 Printing 150 Repair and Maintenance Space 214 Repair and Maintenance Equipment 225 Management 4,866 Insurance 540 Volunteer Expenses 19040 Advertising 50 Subtotal $ 21,188 Total Costs $128,894 Less Project Meal Income $ 70,623 � Donations 13Al Ole Subtotal ($ 84,373) '79& NET CONTRACT COSTS (Contract Payment Limit) $ 44,E Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of . each line item amount shown above, subject to the Contract Payment Limit. In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project Director. i Initials: *tractor ounty Dept 13 SPECIAL CONDITIONS (Nutrition Project for the Elderly) Number 2 0 3 3 1 � 1. Cost Report and Settlement. Paragraph 6. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "No later than July 31, 1983, or 30 days _following the termination of this Contract, whichever comes first, Contractor shall submit to County a cost report in the form required by County, showing the total gross allowable program costs which have actually been incurred by Contractor, and the total amount of income collected for meals by Contractor, during the nine-month contract period from October 1, 1982 through June 30, 1983, in accordance with the Budget of Estimated Program Expenditures set forth in the Service Plan. If said cost report shows that the net allowable contract costs (as defined below) which have actually been incurred by Contractor during said period exceed the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to-Contractor, but not to exceed the nine-month Payment Limit of $ 44,521 for said period. If said cost report shows that the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above exceed said net allowable contract costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess .amount , to County. The net allowable contract costs for cost report ,and settlement .pur- poses shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during said period, minus the total amount of income collected for meals by Contractor and minus the total amount of all donations received by Contractor on behalf of the Project from cities, organizations, and other non-participant sources during said period ending June 30, 1983, computed in accordance with the Budget of Estimated Program Expenditures included in the Service Plan. 2. Payment Demands. Paragraph 4. (Payment Demands) of the Payment Provisions is hereby modified in its entirety to read as follows: "Contractor shall submit written demands. Said demands shall be made on County Demand .Form D-15 and in the manner and form prescribed by County. .Contractor shall submit said demands for payment for services .rendered no later than 30 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above." 3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this . _ _ . . Contract, unless this Contract is terminated prior to June 30, 1983, by either party pur- suant to Paragraph 5. (Termination) of the General Conditions, the term of this Contract shall be automatically extended for the 3-month period from July 1, 1983 through_ September 30, 1983. The purpose of the automatic 3-month contract extension is to allow for continuation of services as specified in this Contract, during which time County will finalize applicable parts of the County budget to.seek State approval of such.budget, if necessary or appropriate, and complete for Contractor and County Board of Supervisors _ approval a novation contract for the 1983-1984 fiscal year (including such payment limits and financial provisions as agreed upon after final determination of the County's _ , _ _ Nutrition Pro 'ect for the Elderly) . As to any such 3-month extension of this Contract: If this Contract is automatically extended for 3 months, the Contract . _ P nt I mit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased $ 14,94& 9 (the 3-month Payment Limit) and Contractor's total payments to County for sajWhikonth extension period shall not exceed this _3-month Payment Limit, subjec ertheless, to the aforesaid novation contract for the 1983-84 fiscal year. 4V, Initials• tractor County Dept.' -1- SPECIAL CONDITIONS (Nurtition Project for the Elderly) Number 22 - 033 - 16 i b. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan) and,line item budget ,amounts (set forth in the Budget of Estimated Program Expenditures) shall be prorated for a three-month period. c. In addition to the cost report specified above in Paragraph 1. _(Cost Report and Settlement) of these Special_ Conditions, no later than October 31, 1983, ,or as other- wise may be prescribed by County, Contractor shall also submit to County an extension period cost report as specified in Paragraph 1. (Cost Report and Settlement) above, covering the period of this 3-month contract extension from July,1, 1983, through September 30, 1983, and County and Contractor shall follow the cost report and settlement procedures specified in Paragrap 1. (Cost Report and Settlement) above, subject to the 3-month Payment Limit f 140 93d, for said contract extension period. d. Sai o th con ension shall be subject to any further agreement . (novation) which Contractor and County may enter into covering the provision of services during the 1983-84 fiscal year, in accordance with the Contra Costa County Nutrition Project for the Elderly Annual Plan and Budget for FY 1983-84. 4. In addition to providing services in compliance with Paragraph 17. (Nondiscriminatory Service) of the General Conditions, Contractor further agrees to provide services and maintain employment practices as follows: a. Requirements Regarding Handicapped Persons. Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), all requirements imposed by the applicable HEW regulations (45 CFR Part 84), and all guidelines and interpretations issued pursuant thereto, to the .end that no qualified handicapped person . shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor which is funded under this Contract. b. Equal Opportunity Requirements. Contractor will comply with the provisions of_Title _VII of the Civil Rights Act of 1964 (42 USC 2000 as amended by the Equal Opportunity Act of March 24, 1972, Public Law No. 92-261) such that. it will not discriminate against any individual with respect to his or her compensations, terms, conditions, or privileges of employment; or discrim- inate in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status _ as an employee because of such individual's race, religion, sex, or national origin. 5. Payment Limit Increase. This Contract may be amended to prospectively increase the Payment Limit, but only from a surplus in, or an increase in the County Nutrition Project Budget, applicable to this Contract approved by the County Board of Supervisors. 6. Donations. If there is an increase in Title III-C(1) of the Federal Older Americans Act of 1965 funding applicable to this Contract or a surplus of available County Nutrition Project for the Elderly funds, County may, in its discretion, amend this Contract to substitute such funds for all or part of Contractor's obligation to provide donations, if Contractor agrees in said amendment to use said additional monies for the sole purpose of meeting Contractor's allowable costs incurred in,providing services under this Contract but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. Initials: ti An-tractor County Dept. -2- 13 Contra Costa County •[A Standard Form . GENERAL CONDITIONS I (Purchase of Services) 8 . Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra ,Costa County Board of Supervisors or, after Board approval , by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9 . Disputes. Disagreements between the County and Contractor con- cerning the meaning, requirements , or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government . 10. Choice of Law and Jurisdiction . a. This Contract is made in Contra Costa County and shall be, governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the, term hereof , this Contract shall be amended to assure conformance with such Federal or State requirements. l 12. No Waiver , by County. Subject to Paragraph 9. (Disputes) of these General Conditions , inspections or approvals, or statements by any officer , agent or employee of the County indicating the Contractor ' s performance or any part thereof complies with the requirements of this Contract , or acceptance of the whole or any part of said performance, or payments there- for, or any combination of these acts, shall not relieve the Contractor' s obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract . i 13. Subcontract and Assignment. This Contract binds the heirs, suc- cessors, assigns and representatives of Contractor . The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 1 14 . Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be con- strued to create the relationship of agent, servant, employee, partnership, joint venture or association. I� 1 I (A-4616 REV 6/80) -2- Contra Costa County 1• Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing, practices; and wages, hours and conditions of employment. 2 . Inspection. Contractor ' s performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3 . Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor ' s regular business records and such additional records pertaining to this Contract as may be .required by the County. 4 . Retention of Records. Contractor shall retain all documents per- taining to this Contract for five years from the date of submission of Contractor 's final payment demand or final Cost Report ; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract ' s funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reason- able manner it chooses. The cost to the County of completing Contractor ' s performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County 's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County. funding for this Contract ceases, this Contract is terminated without notice. .6 . Entire Agreement. This Contract contains all the terms and con- ditions agreed upon by the parties . Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of . the parties hereto . 7 . Further Specifications for Operating Procedures . Detailed speci- fications of operating procedures and budgets required by this Contract , including but not limited to, monitoring, auditing, billing , or regulatory changes, may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already re- quired hereunder . Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. (A-4616 REV 6/80) -1- Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) C. Certificate of Insurance. ' The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and workers ' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy (ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificates) of insurance. d. Additional Insurance Provisions. The insurance policies pro- vided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as. to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self- insurance programs) shall not be required to contribute to any loss covered under -the Contractor ' s insurance policy or policies. 20. Notices . All notices provided for by this Contract shall be in writing and may beldelivered by deposit in the United States mail , postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor ' s address designated herein. The effective date of notice to the Contractor shall be the date of deposit in the mails or of other delivery. The effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21 . Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new con- tract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor . 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improve- ments, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107 ) , such interest or improve- ments may represent a possessory interest subject to property tax, and Contractor may .be subject to the payment of property taxes . levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107 . 6, and waives all rights to further notice or to damages under that or any comparable statute. (A-4616 REV 6/80) 1 -4- Contra Costa County , -Standard Form GENERAL CONDITIONS - (Purchase of Services) 15 . Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws- or - the list of its .governing body as changes in such governance occur . 16 . Confidentiality. Contractor agrees to comply and to require its employees, agents and partners to comply with all applicable State or Federal statutes or regulations respecting confidentiality , including but not limited to , the identity of persons served' under this Contract, their records, or services provided- them, and assures that : a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency insconnection with the administration of or relating to services provid-ed under this Contract will be confidential , and will not be open to examination for any purpose not directly connected with th-e administration of such service . b. No person will publish or disclose or permit or cause to be published or disclosed , any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17 . Nondiscriminatory Services . Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap , and that none shall be used , in whole or in part, for religious worship or instruction. 18 . Indemnification. The Contractor shall defend, save harmless and indemnify the County and its- officers, agents and employees from all lia- bilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the ser- vices of the Contractor hereunder , resulting from the conduct, negligent or otherwise, of the Contractor , its agents or employees. 19 . Insurance. During the entire term of this Contract and any extension or modification thereof , the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in Special Conditions : a. Liability Insurance. The Contractor -shall provide compre- hensive liability insurance, including coverage for owned and non-owned automobiles , with a minimum combined single limit coverage of $500, 000 for all damges, including consequential damages, due to bodily injury, sickness _or disease, or death to any . person or damage to or destruction of property, including the loss of use thereof , arising from each occurrence. Such insurance shall be endorsed to include the County and its- officers and employees as additional named insureds as to all ser- vices performed by Contractor under this agreement. . b. Workers ' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. (A-4616 REV 6/80)- -3- 13 i CONTRA COSTA COUNT` { tY <>> HEALTH SERVICES DEPARTMEN`1. - SEP 2 1 1982 Office of County Administrator To: M. G. Wingett, County Administrator Date: September 21, 1982 Attention: C. L. Van Marter From: Subject: Arnold S. Leff .D., D ector CONTRACT X622-033-16 WITH By: Eugene Morel HOME HEALTH AND COUNSELING Contr t & Grant Administrator SERVICE, INC. Attached for present n to the Board of Supervisors is the following . contract for the D p tment's Public Health Division: Number: 033-16 Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. ✓ Term: October 19 1982 through June 30, 1983 with an automatic extension through September 30, 198 PaymeSt Limit: $44,.796 in FY 82-83, plus $14,932 in FY 83-84 during extension Funding: Federal (Older American Act of 1965, as amended) Service: Congregate meal services for the Contra Costa County Nutrition Project for the Elderly This contract has been approved by the Department's Contracts and Grants Administrator in accordance with the guidelines_approved by the Board's Order of December 1, 1981 (Guidelines for contract preparation and processing, Health Services Department) . It is, therefore, recommended that this contract be approved and submitted to the Board at their meeting on Tuesday, September 28, 1982. DG:ta LEEIVED Attachments cc: Clerk of the Board Helen Nielsen 1982 Paul KraintzLSSON F SUPERVISORS SiA CO. A-41 3181 In the Board of Supervisors of Contra Costa County, State of California June 16 , 19 81 In the Matter of Approval of Contract 122-033-15 with HOME HEALTH AND COUNSELING SERVICE, INC. The Board having considered the recommendations of the Director, Health Services Department, regarding approval of Contract 422-033-15 with Home Health and Counseling Service, Inc. for congregate meal service for the County's Nutrition Project for the Elderly, IT IS BY THE BOARD ORDERED that said contract is hereby APPROVED and the Board Chairman is AUTHORIZED to execute the contract as follows: Number: 22-033-15 Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. Term: July 1, 1981 through June 30, 1982 Payment Limit: $91,545 PASSED BY THE BOARD on June 16 , 1981, by the following vote : AYES : Supervisors Fanden, Schroder, McPeak, Torlakson. NOES : None . ABSENT : Supervisor Powers . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Orig: Health Services Dept. Supervisors Attn: Contracts and Grants Unit affixed this 16thday of June----------, 19 81 cc: County Administrator Auditor-Controller J. R. OLSSON, Clerk Contractor By Deputy Clerk EJM:ta C. Matthews 4 3/79 15M Contra Costa County Standard Form 1, • STANDARD CONTRACT (7 (Purchase of Services) 1. Contract Identification. Number 22 'Wo 3 3 _ 15 Department: Health.Services (Public Health Division) Subject: Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. - Term. , The effective date of this Contract is July 1, 1981 and it terminates June 30, 1982 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 91,545 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. _ Contractor's Obligations. Contractor shall provide those services ,and carry out that ,work described in the Service Plan attached.hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject, to.the General Conditions and ,Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, _the application and approval documents of which are incorporated herein by reference: FY 81/82 Contra Costa County Nutrition Project for the Elderly under Title III-C(1) of the Federal Older Americans Act of 1965, as amended; and Interdepartmental Service ,Agreement .Senior Nutrition Project between Social Service Department and Health Services Department, FY 81/82. 9. _ Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC Sections 3045ff and 45 CFR §909ff; and California Government Code Sections 26227 and 53703. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR By Boa d •of Supervisors �. Chairmen, , (Designate o MOCYAT capacity Attest* J. R. Olsson, County Clerk /� State of Cal fornia ) By C� / �1/,(. LDG�EMENT S�"-.-:IDeputy County of CoReco»>mended by Depa tment ACKNOWL }}��90gg�i The person sIfor ICon ractor, knownto mevidual and By business capacities, personally appeared Designee before me today and acknowledged_ that he/they signed it and that the corporation or partnership named above executed this Form Approved: instrument pursuant to its bylaws or a reso do of its bo d of di cto By 117 pEPUTY COUNTY COUNSEL Ot y Public putt' Co t C erk BONTBA COSTA COUNTY, CALIF. (6-5-80) Dated: h Of4y orRICIIAL]SEAALLT �y1ARo�-3rFa GaO CyV6Nburn/� NOTARY Pt.BLiC-CALIFORNIA // Principal Cifice in Contra Costa County Commission Expires June 15, 1984 -Ylti Contra Costa County • Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) 2 A 2 _ o Number 1. Payment Basis. ` County shall in no event pay to the Contractor.a sum in excess of the total amount. specified in the Payment Limit of this Contract. _ Subject to the Payment-Limit, it is the intent `of the parties hereto that the total payment to the Contractor for,all services provided for County under this Contract shall be only,for costs- that are allowable costs (see Paragraph 3. below) and ate actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later -adjustments in total payments 'in accordance with 'the below provisions for Cost Report and 'Settlement,' Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, 'County will pay Contractor: [Check one alternative only] r [ ] a. $ monthly, or [ ] b. $ per unit; as 'defined in the-Service Plan, or , ( ] c. An amount equal to Contractor's allowable costs that are actually incurred each month, but subject to the "Budget 'of Estimated Program Expenditures" included'in the Service Plan. [X] d• $ 6;000 'in advance, upon demand. Thereafter, an amount equal to Contractor's allowable costs that are actually.incurred semi-monthly, but subject to 'the."Budget of Estimated Program.Expenditures" included in the Service Plan. Contractor.will submit demands semi-monthly for allowable costs that have been actually incurred in each prior semi-monthly period. r , 3. . Allowable Costs. Contractor's allowable costs are- only those which are determined in accordance with: [Check one alternative only] [X] a. General Services Administration Federal Management Circiular FMC 74-4, Attachment-A (Principles--For Determining Costs Applicable To Grants and Contracts .With State and Local Governments) and Attachment B (Standards For Selected.Items of.Cost), and, subject to said.Attach- ments A and B, such other documents (if any) specified in the Service Plan regarding: (1) Principles for determining and' allocating the allowable .costs of providing those services set forth in the Service Plan, and (2) Standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan, or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. 4. Payment Demands. -Contractor shall submit written demands. Said demands-shall be made on County Demand Form D-15 and in. the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is .made, or his designee, County.will make payments as specified in Paragraph 2. (Payment Amounts) above. [See Special Conditions, Paragraph 2.1 Initials , C retractor County Dept. [Continued on Reverse Side] -1- (6-4-80) 13 Contra Costa County . • Standard Form PAYMENT PROVISIONS (Cost Basis Contracts) 5. . Right to Withhold. County has the right to withhold.payment to_ the Contractor when, _ in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, _in whole or in part, either has not been carried out or is insufficiently.documented, ,(b) .the,Contractor has neglected, failed or refused to . . . . . . furnish information or to cooperate.with any inspection, .review or .audit .of its , , program, work or .records, .or- (c) _Contractor has failed to sufficiently itemize or document its demand(s) 'for payment. 6. Cost Report and Settlement. No later than sixty (60) days following the termination of this Contract, Contractor shall submit to County_a cost report in the form.required by County, showing the allowable costs that have actually been.incurred . by.Contractor ,under this Contract. If said 'cost_report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this .Contract. If- said.cost report shows that the payments made by County pursuant to Paragraph.2. (Payment.Amounts) above exceed the allowable costs that have actually been incurred by_Contractor under this Contract, Contractor shall remit any such excess amount to County. [See Special Conditions, Paragraph 1.] 7. Audits. The, records of the Contractor may be audited by,the County, State,or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required .by. the Service Plan. . shall be submitted to County by Contractor,within such period of time.as may be expressed by, applicable State or Federal regulations, policies or contracts, but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant :to Paragraph 2. ,(Payment_Amounts) above-exceed the allowable costs that have actually been incurred_by Contractor under this Contract, including_any_adjustments.made pursuant to Paragraph,b. (Cost Report and Settlement) . above, then Contractor agrees to pay to County within 30 days of demand by.County.any. such excess amount. _ If such audit(s) show that the.allowable.costs that have actually been incurred by_Contractor under this Contract exceed the payments made by County pursuant to,Paragraph 2. (Payment Amounts) above, including any adjustments made_pur— suant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with- any audit exceptions by-appropriate County, State or Federal audit agencies occurring as a result of its performance of this _Contract. Contractor also. agrees to pay to the County within 30 days-ofdemand.by County the full amount of the County's_liability, _if any, to the State and/or .Federal.government.resulting from any audit-exceptions, -to the extent such are attributable_to. the Contractor's failure to perform properly any of its obligations under this Contract. (6-4-80) -2- SERVICE PLAN ,{� c� Number 2 2 ® ll 33 — 15 1. Service Provisions a. Contractor shall: (1) Serve meals which.have been.provided_by_County in a comfortable, congenial atmosphere,and provide supportive social services pursuant to County-approved program schedules for the County_Nutrition Project for the Elderly, daily on every Monday through Friday, during the period of this Contract, excepting on the following national holidays: Independence Day, Labor Day, Veteran's,Day, Thanksgiving Day, Christmas Day, New Year's Day, Washington's Birthday and Memorial Day. (2) Comply with specifications relevant to its performance included in the Application and Approval Documents set forth in Contract Paragraph 7. (Project) under Title III-C(1) of the Older Americans Act which is incorporated herein by reference. (3) Comply with the Work Program, attached hereto which is incorporated by reference as Appendix A. (4) Provide meals for service under this Contract from the food caterer or caterers designated by the County in writing. (5) Solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the,community. Contractor will place primary _emphasis on_reaching those isolated persons who, because of limited, financial resources, are.unable. to prepare for themselves well-balanced, nutritious meals. As vacancies occur in the meals program, staff shall. attempt to fill these openings with. persons . that meet . the above criteria rather than on a.first- . _ come, first-served basis; .a registration system and waiting list will be used to insure maximum utilization of the Program by persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. b. County 'shall: (1) At County expense, arrange to have meals in sufficient quantity, quality and numbers to meet Contractor's obligations under this Contract, prepared,and delivered to the Nutrition Site specified in Paragraph II.A. (Meal Services) of the Work Program. (2) Loan to Contractor the necessary dinner ware, utensils and food ser- vice equipment needed to meet its obligations under this Contract. (3) Provide Contractor with supportive services .needed to meet its commitments under the.Work Program of this Contract such as _nutrition_training for staff and participants, referral and information services, and consumerism. 2. Payment for Service a. The "Budget of Estimated Program Expenditures" referred _to.in the Payment Provisions is incorporated.herein by reference as Appendix B. _ The, semi-monthly_payment for reimbursable.expenditures_to Contractor _referred to in the Payment Provisions will be less the amount of income collected for meals during said semi-monthly_period, which will be deducted from total Contractor expenses in arriving at the net amount due. b. A separate checking account (Income Account) will be.established by h Contractor whicwill be apart from any other Contractor accounts, in which shall be deposited all payments for meals received from participants. Income shall be deposited twice weekly or when total undeposited income exceeds $100. The Income Account will be used only to transfer funds,to Contractor's General .Account .upon release by,the County Auditor's Office. Other than cash disbursements from any Petty Cash,fund, all of. Contractor's project disbursements will be by check, drawn upon Contractor's General Account. or any special account specifically for this project. All. disbursements_from Contractor's General Account for the Nutrition Project shall be clearly identified as such. 42 Initials: V o tractor County Dept. ~ • • APPENDIX A WORK PROGRAM Number 22 . 0331- 15 I. ADMINISTRATION. Contractor agrees to: A. Staff 1. Recruit, hire and train paid,and volunteer staff as needed_and budgeted to.provide_administration, meal service and-supportive- services. Contractor's job descriptions . for its staff mustincludethose duties and reponsibilities listed in the job descriptions submitted as part of County's grant application to the State Office on Aging. 2. Supervise staff in the carrying out of those activities as defined in Title III—C(1) of the Older Americans Act and as specified herein and ensure that participants are treated courteously and warmly. 3. Facilitate and coordinate activities with County—assigned staff within the project. B. Program Planning 1. Participate with County in program planning and development of other community resources. C. Records 1. Maintain records of participants and project operation, which shall be open to inspection by.authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books .on-all expenditures and income related to the project and maintain Cash Disbursements, Payroll and In—Kind Resources Journals. 3. Provide County with program and financial reports on a timely basis as requested by County. II. MEAL SERVICES A. Congregate Meals Sites. Contractor will: 1. Serve an average of 675 congregate meals 5 days per week at 13 sites, as follows: Senior Adult Center, 1943 Church Lane, San Pablo, CA Senior Citizen Drop—In Center, 189 Parker Avenue, Rodeo, CA Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA Concord Senior Center, 2727 Parkside Circle, _Concord, _CA - Ambrose Community Center, _3105 .Willow Pass Road, ,Pittsburg, _CA Antioch Senior Citizens Drop—In Center, 213 F Street, Antioch, CA Walnut _Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA Blue Devils' Club Building, 2395 Monument Boulevard, Concord, CA St. Marks Episcopal Church, 800 Pomona Avenue, Crockett, CA Veterans Club, 5218 Sobrante Avenue, El Sobrante, CA Marina.Community Center, 340 Black Diamond, Pittsburg, CA Veterans Memorial Bldg. , First and Mt. Diablo, Lafayette, CA 2, Obtain prior written approval of County's Nutrition Project Director before changing the monthly average number of meals served or any site location. 3. - Maintain a.current file of sanitarian and fire marshal reports for each site, approving use of site by Nutrition Project. 4. Reassign meals from one County Nutrition Site to another dependent on the success of Outreach efforts and need and upon written notification by County's Project Director. Initials: �* ry C6ntractor County Dept. —1— /3 ' • APPENDIX A WORK PROGRAM Number 22m033 - 15 B. Home Delivered Meals. Contractor will not deliver more than 10% of total meals to participantshomes. Participants are eligible for home-delivered meals only when they are regularparticipantsat,a_congregate,meal site and are temporarily•ill or incapacitated. Contractor shall complete and keep.on file form #NP-29 Congregate Waiver and medical certificate for each participant receiving a home-delivered meal and will deliver meals in accordance with County specifications. C. Staffing. Contractor will use staff and volunteers primarily for the delivery of meal service and secondarily for provision of supportive_services (Paragraph III A below). Staff and volunteers will-be permanently or temporarily reassigned to meal service whenever necessary and appropriate. D. Meal Delivery. Contractor shall: 1. Order meals from the food caterer designated by County with 24 hours notice and accept and verify delivery of meals at the site designated. 2. Clean food containers after meals and prepare them for pickup by the food caterer for his use in preparing for the next.delivery to Contractor. And Contractor will clean and store daily any food warmers assigned by County- . . _ . . . . 3. Certify the number of meals and acceptability of, the food (including temperature of hot food,and cold food) supplied by the food caterer using form INP-36, Program.Evaluation. Contractor will , submit this form to County each Friday afternoon and cover food service for Monday through Friday for that week. 4. , _Maintain,County-owned and assigned equipment in a reasonable condition and be responsible-forreplacement costs of said equipment if lost or damaged through negligence. Contractor will submit a quarterly inventory,of County-owned equipment to County. , And Contractor will submit a monthly inventory of paper goods to County with reorder forms, NP-17, Project Requisition. 5. Maintain a close working relationship with the food caterer and County Nutritionist, ,including coordination of food, service training of Contractor's staff and volunteers by the food caterer and County Nutritionist. E. Service Assessment. Cooperate with County's assessment of service, at least once-yearly, and ,comply with recommendations within 30 days of written notification, . subject to time extension with written approval of County's Nutrition Project Director. III. SUPPORTIVE SERVICES A. Contractor agrees to provide the following supportive services in conjunction with meal service subject to direction of County: 1. Outreach 4. Tranportation 2. Recreation 5. Food shopping assistance 3. Escort B. Contractor. .grees .to provide time and place for the following services to be offered by County-assigned staff: 1. Nutrition education 2. Information and Referral 3. Health and Welfare counseling IV. SITE COUNCILS Contractor will continue to develop and staff a site council for each congregate meal site, with at least 51% of the site council membership to consist of persons receiving meal services. Site Councils shall meet once monthly and follow the guide-- lines established and stated in the Project Council ByLaws, which is incorporated herein by. reference. .Minutes of Site,Council meetings , shall be forwarded to County's Project , Director by the .last day of each month. Contractor shall alsoappointnon-participants who are knowledgeable of the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor's staff shall attend all County Project Council meetings. Initials: mint"D Co tractor *County Dept. -2- /3 APPENDIX B - - - - - - - - - - - - - - - - BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number -2 2 0 33 X 1 5 CONTRACTOR: HOME HEALTH AND COUNSELING SERVICES INC. Budget Categories 1. PERSONNEL $ 152,601 2. CONDIMENTS 8,000 3. STAFF EXPENSES 6,445 Travel Training 4. OTHER COSTS Building Space 7,632 Utilities 800 Janitorial 500 Telephone 3,050 Kitchen Supplies 3,100 Office Expense 4,000 Volunteer Travel 1,200 Insurance 19760 Accounting 59029 Management 189086 Repair and Maintenance of Equipment "360 TOTAL COSTS $ 212,563 Less Project Meal Income ($ 106,018) Donations ( 15,000) Subtotal ($ :121,'018) NET CONTRACT COSTS (Contract Payment Limit) $- - 91,545 Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of each line item amount shown above, subject to the Contract Payment Limit. In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project Director. Initials: —� .�Tractor County Dept. • SPECIAL CONDITIONS • (Nutrition Project for the Elderly ) 2 2 _ U 3 3 1 •.) Number 1. Cost_Report and Settlement. Paragraph 6. (Cost Report.and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "No later than.July 31, 1982, _or _30 days .following_the termination of this Contract, whichever comes first, Contractor shall submit to County a fiscal year cost report in the form required by County, showing the total gross allowable program costs which have actually_been incurred by Contractor, and the total amount of income collected for meals by Contractor, during the 12-month fiscal year period from July 1, 1981, through.June 30, 1982, in accordance with the Budget of_Estimated Program Expenditures set forth in,the_Service Plan. If said cost report shows that the net allowable contract costs (as defined below) which have actually been incurred by Contractor during said fiscal year period exceed the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but not to exceed the 12-month Payment Limit of $ 91,545 for said fiscal year period. If . said,cost report shows that the payments made by County for said fiscal year period pursuant to Paragraph 2. (Payment Amounts) above exceed said net ,allowable contract costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The net allowable contract costs for cost report and settlement purposes shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during said fiscal year period, minus the total amount of income collected for meals by Contractor during said fiscal year period ending June 30, _1982, .computed in accordance with the Budget of Estimated Program Expenditures included in the Service Plan." 2. . Payment Demands. Paragraph 4. (Payment Demands) of the Payment Provisions is hereby modified in its entirety to read as follows: "Contractor shall submit written demands. Said demands shall,be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 30 days. from the end of _the.month in which said services are actually rendered. Upon approval_of . said_payment .demands by the.head of the County.Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above." 3. Automatic Contract Extension. Notwithstanding.Paragraph 3. (Term) of this Contract, unless this Contract is terminated prior to June 309 1982, by either party pur- suant to Paragraph 5. (Termination) of the General Conditions, the term of this Contract shall be automatically extended for the 3-month period from July 1, 1982, through September 30, 1982. The purpose of the automatic 3-month contract extension is to allow for continuation of services as specified in this Contract, during which time County will finalize applicable_parts of the.County budget to seek State approval of such budget, if . . . necessary.or appropriate, ,and complete for Contractor and County.Board_of Supervisors approval a novation contract for the 1982-1983 fiscal year (including such payment limits and financial provisions ,as agreed upon after final determination of the County's Nutrition Project for the Elderly). As to any such 3-month extension of this Contract: a. If this Contract is automatically extended for 3 months, the Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by,$ 22,886 (the 3-month Payment Limit) and Contractor's total payments to County for said 3-month extension period shall not exceed this 3-month Payment Limit, subject, nevertheless, to the aforesaid novation contract for the 1982-83 fiscal year. b. The Project description, set forth in Paragraph 8. (Project) of this Contract, is modified to read as follows: "FY 82/83 Contra Costa County Nutrition Project for the Elderly under III-C(1) of the Federal Older Americans Act of.1965, as amended; and Interdepartmental Service Agreement Senior Nutrition,Project between Social Service Department and Health Services Department, FY 82/83." Initials:,/ Cc tractor County Dept. 13 f • SPECIAL CONDITIONS (Nurtition Project for the Elderly) Number 9. 9. - ,. N C. Contractor .shall ,continue to. provide services as _ set_forth.in the_Service Plan, subject . to_any amendments -thereto; all service units (set forth in the.Service Plan) and_ line, item budget amounts . (set forth in the Budget of Estimated Program Expenditures) shall be prorated for a three-month period. d. . In addition to the fiscal year ,cost report specified above in Paragraph I. (Cost Report and Settlement) of these Special Conditions, no later than October 31, 1982, or as otherwise may. be, prescribed. by County, Contractor shall_ also, submit to County-an extension period cost report as specified in Paragraph 1. (Cost Report_ and Settlement) above, covering the period of this 3-month contract extension from July 1, 1982, . through September 30, 1982, and County and Contractor shall follow the cost report and-settlement procedures specified in Paragraph 1. (Cost Report and Settlement) above, subject to the 3-month Payment Limit of $ 22,886 for said contract extension period. -e. Said 3-month contract extension shall be subject to any further agreement , _ (novation) which Contractor and County may enter into covering the provision of services during the 1982-83 fiscal year, in accordance with the Contra Costa County Nutrition Project for the Elderly Annual Plan and Budget for FY 1982-83. 4. In addition to providing services in compliance with Paragraph 17. . , , . , (Nondiscriminatory Service) of the General Conditions, Contractor further agrees to provide services and maintain employment practices as follows: a. Requirements Regarding Handicapped Persons. Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), all requirements imposed by,the applicable HEW regulations (45 CFR Part 84), and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, ,on the basis of handicap, be excluded. from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor which is funded under this Contract. b. Equal Opportunity Requirements. Contractor will comply with the provisions of Title VII of the Civil Rights Act of 1964 (42 USC 2000 as amended by the Equal Opportunity Act of March 24, 1972, Public Law No. 927261) such that it will not discriminate against any individual with respect to his or her compensations, .terms, conditions, or privileges of,employment; or discrim- inate in any way which,would deprive or tend to deprive any individual of employment opportunities or otherwise adversely_affect his or her status_ . . as an employee because of such individual's race, religion, sex, or national origin. 5. Payment Limit Increase. This Contract may be amended to prospectively increase the Payment Limit, but only from a surplus in, or an increase in the,County Nutrition. Project Budget, applicable to this Contract approved by the County Board of Supervisors. 6. Donations. If there is an increase in Title III-C(1) of the Federal Older Americans Act of 1965. funding applicable to this Contract or a surplus of available County Nutrition Project for the Elderly funds, _County may, in its discretion, amend this Contract to substitute.such funds for all .or part of Contractor's obligation to provide donations, ,if-Contractor agrees in said amendment to use said additional monies for the sole purpose of meeting Contractor's allowable costs incurred in providing services under this Contract but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. 7. Termination of Prior Contract. The parties having entered into a prior 12-month Contract #22-033-14 for the period from July 1, 1980 through June 30, 1981 (which contained provision for an automatic three-month extension for the period July 1, 1981 through September 30, 1981), County and Contractor mutually consent to terminate said Contract #22-03315 effective June 30, 1981. Initials C tractor County Dept. -2- Contra Costa County . Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2 . Inspection. Contractor ' s performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California , and the United States Government. 3 . Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor ' s regular business records and such additional records pertaining to this Contract as may be required by the County. 4. Retention of Records . Contractor shall retain all documents per- taining to this Contract for five years from the date of submission of Contractor 's final payment demand or final Cost Report ; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract ' s funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent . b. Failure to Perform. The County, upon written notice to Contractor , may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder . In the event of such termination, the County may proceed with the work in any reason- able manner it chooses. The cost to the County of completing Contractor ' s performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County ' s rights otherwise to recover its damages. C. Cessation of Funding . Notwithstanding Paragraph 5 .a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6 . Entire Agreement. This Contract contains all the terms and con- ditions agreed upon by the parties . Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7 . Further Specifications for Operating Procedures . Detailed speci- fications of operating procedures and budgets required by this Contract , including but not limited to, monitoring , auditing, billing , or regulatory changes , may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already re- quired hereunder . Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as _provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. (A-4616 REV 6/80) -1- Contra Costa County • Standard Form GENERAL CONDITIONS (Purchase of Services) 8 . Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval , by its designee, subject to any required State or Federal approval. b. Administrative Amendments . Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9 . Disputes. Disagreements between the County and Contractor con- cerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government . 10. Choice of Law and Jurisdiction . a. This Contract is made in Contra Costa County and shall be, governed and construed in accordance with the laws of the State .of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11 . Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof , this Contract shall be amended to assure conformance with such Federal or State requirements. 12 . No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions , inspections or approvals, or statements by any officer , agent or employee of the County indicating the Contractor ' s performance or any part thereof complies with the requirements of this Contract , or acceptance of the whole or any part of said performance , or payments there- for, or any combination of these acts, shall not relieve the Contractor' s obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract . 13 . Subcontract and Assignment. This Contract binds the heirs, suc- cessors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under ti.his Contract and shall not assign this Contract or monies due or to tecome due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14 . Independent Contractor Status . This Contract is by and between two independent contractors and is not intended to and shall not be con- strued to create the relationship of agent, servant, employee, partnership, joint venture or association. (A-4616 REV 6/80) -27 ,,-:.' ,Contra Costa County • Standard Form GENERAL CONDITIONS (Purchase of Services) 15 . Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur . 16 . Confidentiality. Contractor agrees to comply and to require its employees, agents and partners to comply with all applicable State or Federal statutes or regulations respecting confidentiality , including but not limited to , the identity of persons served under this Contract , their records, or services provided them, and assures that : a . All applications and records concerning any individual made or kept by Contractor or any public officer or agency in -connection with the administration of or relating to services provided under this Contract will be confidential , and will not be open to examination for any purpose not directly connected with the administration of such service . b. No person will publish or disclose or permit or cause to be published or disclosed , any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor . 17 . Nondiscriminatory Services . Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color , national origin, or ethnic background, or handicap , and that none shall be used , in. whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all lia- bilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the ser- vices of the Contractor hereunder , resulting from the conduct , negligent or otherwise, of the Contractor , its agents or employees. 19 . Insurance. During the entire term of this Contract and any extension or modification thereof , the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in Special Conditions : a. Liability Insurance. The Contractor shall provide compre- hensive liability insurance, including coverage for owned and non-owned automobiles , with a minimum combined single limit coverage of $500, 000 for all damges, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof , arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional named insureds as to- all ser- vices performed by Contractor under this agreement. b. Workers ' Compensation. The Contractor shall provide workers ' compensation insurance coverage for its employees. (A-4616 REV 6/80) -3- Contra Costa County • Standard Form J GENERAL CONDITIONS. (Purchase of Services) C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and workers ' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy (ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate (s) of insurance. d. Additional Insurance Provisions. The insurance policies pro- vided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self- insurance program(s) shall not be required to contribute to any loss covered under -the Contractor ' s insurance policy or policies. 20. Notices . All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail , postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor ' s address designated herein. The effective date of notice to the Contractor shall be the date of deposit in the mails or of other delivery. The effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21 . Primacy of General Conditions . Except for Special Conditions which expressly supersede General Conditions , the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22 . Nonrenewal . Contractor understands and agrees that there is no representation,. implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new con- tract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor . 23. Possessory Interest. If this Contract results in the Contractor having possession of , claim to or right to the possession of land or improve- ments , but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107 ) , such interest or improve- ments may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes . levied on such interest. Contractor agrees that this provision. complies with the notice requirements of Revenue' & Taxation Code §107 . 6, 'and waives all rights to further notice or to damages under that or any comparable statute. (A-4616 REV 6/80) -4- �. CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT JUN E7 job% M. G. Win ett Count Administrator June 10 1981C�`f ?i' i To: g � Y Date: � °'�;�i:-,;,,: Attention: C. L. Van Marter From: Arnold S. Leff, M.D. , Director Subject: CONTRACT # 22-033-15 By: Eugene J. o Contr s h(Gr nts Administrator �ii Attached for resentation to the Board of Supervisors is the following contract for the Department's Public Health Division: Number: 22-033-15 Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. L Term: July 1, 1981 through June 30, 1982 � Payment Limit: $91,545 Funding: Federal (Older American Act of 1965, as amended) Service: Congregate meal services for the Contra Costa County Nutrition Project for the Elderly This contract has been approved as to legal form by County Counsel's Office and has been executed by the Contractor. It is, therefore, recommended that this contract be approved and submitted to the Board at their next meeting on Tuesday, June 16, 1981. EJM:sh Attachments _ cc: Helen Nielsen Ray Servante e ' Pat Taff 1ng1 Clerk of the Board P• `. D pF SI:Fr CY riI Y A-41 'SA Contra Costa County Standard Form STANDARD CONTRACT (Purchase of Services) 1. Contract Identification. Number 2. 2 _ 0 3 3 ! 1 4- FY 80/81 Novation Contract Department: Health Services (Public Health Division) Subject: Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING SERVICE, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Term. The effective date of this Contract is July 1, 1980 and it terminates June 30, 1981 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 76,755 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor' s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: FY 80/81 Contra Costa County Nutrition Project for the Elderly under Title III-C(1) of the Federal Older Americans Act of 1965, as amended; and Interdepartmental Service Agreement Senior Nutrition Project between Social Service Department and Health Services Department, FY 80/81. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC Sections 3045ff and 45 CFR §909ff; and California Government Code Sections 26227 and 53703. 10. Signatures. These signatures attest the parties'. agreement hereto: COUNTY OF CO RA COSTA CALIFORNIA CONTRACTOR By signee, Board of Su rvisors , C (DesiLcapacities, �� 1 � ty in organi- Atte R. Olsson, Count y�.leCC� zatio Ho at seal or attactiAoq�of Bove ing board) B :::::;; Statefjvvvv�i�q �r2 s Deputy Count }�`�{f}g a�`�r^ 1 �(7-1 90. 1) Recomme by Depart ure The pi r0?vptA r Contractor, knownt tho . ual and businities, personally appeared By , before me today and acknowledged that 7- Designee he/they signed it and that the corporation or partnership named above executed this instrument pursuant to its bylaws or a Form Approved: resolution of its board of directors. r Dated• By .�4 DEPUTY COL+y COUNSEL' CANTBA COSTA CounTY, CAUF, Nota Public puty C u y Clerk (A-4617 REV 9/78) CFFICIALSEAL " ,J-,..r"C-CALIFORNIA Friar 7, '1 ce is Ccntrs Costa County "y C r us on Expires June 15,1984 [apTs aszanag uo panuTquoO] -T- (SL/8 AZZ 8T97-Y) •gdaC[ 00 zogOsz ' � :sTsTgTul •anoge (squnomy quamKea) •Z gdva2vaea ui pai313ads se sluam6ed exam TTTM Kquno0 `aauSTsap siq zo `apsm ST loszgaOO sTgq goTgM zo3 quamlzedaQ dquno0 aqq 3o psaq aqq 6q spuewap quaw -Aed piss 3o Tenozdds uodR •pazapuaz dTTPnlos azs SaoTAzas piss gOTgM uT gquom aqq 90 pua aql moz3 s3sp 06 usgl zalsT Ou pazapuaz saoinzss zo3 quauL�ed zo3 spuswap pass lTmgns TTegs zolOszquo0 •dquno0 3q pagTzosazd mzo3 pus zauusm .agq uT pus ST-Q mzod pusmaa 6luno0 uo apew aq TTegs spusmap piss •anoge (slunomy luamXud) •Z gdE32eSEd gITM aouepz000e uT quam6ed zo3 `anogs (slunourV quamdsa) •Z gdszSszea uT pai3ioeds se zo 3Tgluow spusmap uall'Jm liwgns TTegs 103oezquo0 •spuewaQ qua ea •7 •slsoo aTgPmoTTe-uou zo alqumoTlu SuiuTwzagap zo3 spzspvsis $uipnloui ` sauilapTnS 2uTlun000e SuTpzssaz usTa aOTAzaS aqq UT glzo3 qas aze se squamnoop pus suOTlsTnSaz alsls gonS •q [ ] zo `usTa aOTAzaS a741 uT g1z03 las SaOTAzas 990gl SuTpTAOzd 3o sgsoo 3o small pagoaTas 3o -�1TTTgeMOTTe aql $uiuiuizalap z09 spzepuslS (Z) PUP `usTa aDlAzaS aqq uT ggzo3 las s90TAz9s asogl SuTpTAOzd 3o slsoo aTgsMoTTs aql $ullPOOTTe pus SUTUTmzalap zo3 s9TdTouiza (T) :2uipzs8az ueTa 90TAz9S aql uT PaT3Toads (Xus 3T) sluawnoop zaglo Bons `g pus y sluam -gosgly p?es of loa[gns `pus 1 (lso0 3o small paloaTas zo3 spzepuegS) g luamgosgqv pus (slUamuzano0 Tso07 pus 91PIS gJTM sloszquo0 pus squPaD oy algsOTTddy s1s00 SUTuTwzala(J zo3 saTdTOUTza) V luamgOelgy `7-7Z 0N3 zsTnozTO luamaSsusX Tezapad uOTlezlsTUTmpy saoTAzaS Te2aua0 •e ] [XTuo aATleuzalTs auo xOago] :ggTM a0uspzo0oe UT pauTmzalap aze gOTgM 99041 XTuo aze sgsoo aTgvmOTTe s,zo2oezquo0 •slso0 aTqumOITv •£ •pozzad fTgquow-zuias zoizd gosa ui pazznOuz XlTsngos uaaq ansq lsgq 61900 aTgsMoTTs zo3 ATgquom-Tuios spuswap lzmgns TTTm zolOszquo0 •usTa @DTAzaS Oqq uT papnTOUT ,sOJnITpuadxH meaVoza pagswzlsg 3o laSpng,, agl ol, lz)a�gns lnq `dTgguow-zwas pazznOuz 6TT8nlOs aze lsgl sisoO algsMOTTs s,1013szlu00 og Tunba gunows us `zal3sazagy •puauiap uodn `aousnps uT 000`9 $ •P [X] •usTa aoTAzas aqq uT papnloui �,s@angTpuadxg mea2oza pagsmTgsg 3o 1aSpng,. aqq 01 l— oa[gns 3'nq `gluom gosa pazxnoul XTTenlos azs lsgl slsoo aTgsMoTTs 9 ,zOloszluo0 01 Tenbe lunome UV •O [ ] zo `usTa aoTAzas aqq uT pauT3ap ss `lTun zad •q [ ] zo Xlgquow •e [ ] [XTuo aAT1EUzagTs auo x0940] :zOloezquoo Xsd TTTM 3luno0 `l0szquo0 sTgl 3o 1TmT7 luam sa aq1 of goa. gns pus `suoTldaoxg lTpny pus `slipny `luamalggaS pus gzodag 1600 zo3 SUOTSTAOzd MoTaq aql gilm aouepa000e uT slua vd TegOq uT squamisn. pe zalsT 01 loa. gnS •slunomy qua sa •Z •loezluo0 sigi zapun SUOTleSTTgo s ,zoloszluo0 3o aousmzo3zad aqq uT pazzn3UT TTsngos azs pus (MoTaq,•£ gdezSszsa aas) 91Soo aTgeMolle azs gegl slsoo zo3 dTuo aq TTegs loezlvo0 STgl zapun 3qun00 zo3 papTAozd saoTAzaS TTe zo3 101oezluo0 ag1 of luauiled Telol aqq gegq olazaq sailzed eqq 3o qualuT aq1 ST IT `lTmT7 luamXed aql 01 loa[gnS •loszluo0 sTgl 3o 1TmT7 luauiXud aql ui pai3Toads lunome Tsgol 941 3o ssaoxa uT mns e Sol0e3quoD aqq of dsd Juana Ou uT TTsgs Xluno0 •sissg qua ea •T icy zagmnN 9 0 �7 -�7 - 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'S (slopaluoO sissg IsoO) ; r SNOISIA01Id INML Vd • maog pappupls flunoO vgsoo ualuoO SERVICE PLAN Number 2, c2, _ ® ` — 1 4 Service Provisions Contractor shall serve nutritionally balanced meals in a comfortable, congenial atmosphere and provide supportive social services pursuant to County-approved program schedules for the County Nutrition Project for the Elderly, daily on every Monday through Friday, during the period of this Contract, excepting those days that are national holidays. Contractor shall be subject to specifications relevant to its performance included in the Application and Approval Documents set forth in Contract Paragraph 8. (Project) under Title III-C(l) of the Older Americans Act which is incorporated herein by reference. Contractor shall be subject to and comply with the Work Program, attached hereto which is incorporated by reference as Appendix A. Contractor shall provide meals for service under this Contract from the food caterer or caterers designated by the County in writing. Contractor shall solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the community. Contractor will place primary emphasis on reaching those isolated persons who, because of limited financial resources, are unable to prepare for themselves well-balanced, nutritious meals. As vacancies occur in the meals program, staff shall attempt to fill these openings with persons that meet the above criteria rather than on a first come, first served basis. A registration system and waiting list will be used to insure maximum utilization of the Program by persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. Payment for Service The "Budget of Estimated Program Expenditures" referred to in the Payment Provisions is incorporated herein by reference as Appendix B. The semi-monthly payment for reimbursable expenditures to Contractor referred to in the Payment Provisions will be less the amount of income collected for meals during said semi-monthly period, which will be deducted from total Contractor expenses in arriving at the net amount due. A separate checking account (Income Account) will be established by Contractor which will be apart from any other Contractor accounts, in which shall be deposited all payments for meals received from participants. Income shall be deposited twice weekly or when total undeposited income exceeds $100. The Income Account will be used only to transfer funds to Contractor's General Account upon release by the County Auditor's Office. Other than cash disbursements from any Petty Cash fund, all of Contractor's project disbursements will be by check, drawn upon Contractor's General Account or any special account specifically for this project. All disbursements from Contractor's General Account for the Nutrition Project shall be clearly identified as such. i Initials: ntractor C ty Dept. " 13 APPENDIX A WORK PROGRAM Number 2 2 — 0 3 3 — 1 4 I. ADMINISTRATION. Contractor agrees to: A. Staff 1. Recruit, hire and train paid and volunteer staff as needed and budgeted to provide administration, meal service and supportive services. Contractor's job descriptions for its staff must include those duties and responsibilities listed in the job descriptions submitted as part of County's grant application to the State Office on Aging. Contractor's interview and selection process for staff to provide contract services will include at least two Nutrition Project participants from each site at which the staff person will work. In addition, all interviews for Coordinator or Coordinator/Manager positions will include County's Nutrition Project Director. 2. Supervise staff in the carrying out of those activities as defined in Title III-C(1) of the Older Americans Act and as specified herein and ensure that parti- cipants are treated courteously and warmly. 3. Facilitate and coordinate activities with County-assigned staff within the project. B. Program Planning 1. Participate with County in program planning and development of other community resources. C. Records 1. Maintain records of participants and. project operation, which shall be open to inspection by authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books on all expenditures and income related to the project and maintain Cash Disbursements, Payroll and In-Kind Resources Journals. 3. Provide County with program and financial reports on a timely basis as requested by County. II. MEAL SERVICES A. Congregate Meals Sites. Contractor will: 1. Serve an average of 675 congregate meals 5 days per week at 13 site(s) , as follows: Senior Adult Center, 1943 Church Lane, San Pablo, CA Senior Citizen Drop-In Center, 189 Parker Avenue, Rodeo, CA Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA Concord Senior Center, 2727 Parkside Circle, Concord, CA Casa Serena, 1036 Clearland Drive, West Pittsburg, CA Antioch Senior Citizens Drop-In Center, 213 F Street, Antioch, CA Walnut Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA Blue Devils' Club Building, 1441 Meadow Lane, Concord, CA St. Marks Episcopal Church, 800 Pomona Avenue, Crockett, CA Veterans Club, 5218 Sobrante Avenue, E1 Sobrante, CA Marina Community Center, 340 Black Diamond, Pittsburg, CA Veterans Memorial Bldg., First and Mt. Diablo, Lafayette, CA 2. Obtain prior written approval of County's Nutrition Project Director before changing the monthly average number of meals served or any site location. 3. Maintain a current file of sanitarian and fire marshal reports for each site, approving use of site by Nutrition Project. 4. Reassign meals from one County Nutrition Site to another dependent on the success of Outreach efforts and need and upon written notification by County's Project Director. Initials t ontractor Cou y Dept. -1- 13 • Is A WORK PROGRAM (, c� Number ry 3 3 - 14 B. Home Delivered Meals. Contractor will not deliver more than 10% of total meals to participants' homes. Participants are eligible for home-delivered meals only when they are regular participants at a congregate meal site and are temporarily ill or incapacitated. Contractor shall complete and keep on file form #NP-29 Congregate Waiver and medical certificate for each participant receiving a home-delivered meal and will deliver meals in accordance with County specifications. C. Staffing. Contractor will use staff (as budgeted in Appendix B) and volunteers primarily for the delivery of meal service and secondarily for provision of supportive services (Paragraph III A below) . Staff and volunteers will be permanently or tempo- rarily reassigned to meal service whenever necessary and appropriate. D. Meal Delivery. Contractor will: 1. Order meals from the food caterer designated by County with 24 hours notice and accept and verify delivery of meals at the site designated. 2. Clean food containers after meals and prepare them for pickup by the food caterer for his use in preparing for the next delivery to Contractor: And Contractor will clean and store daily any food warmers assigned by County. 3. Certify the number of meals and acceptability of the food (including temperature of hot food and cold food) supplied by the food caterer using form #NP-36, PROGRAM EVALUATION. Contractor will submit this form to County each Friday afternoon and cover food service for Monday through Friday for that week. 4. Maintain County-owned and assigned equipment in a reasonable condition and be responsible for replacement costs of said equipment if lost or damaged through negligence. Contractor will submit a quarterly inventory of County-owned equipment to County. And Contractor will submit a monthly inventory of paper goods to County with reorder forms. 5. Maintain a close working relationship with the food caterer and County Nutritionist, including coordination of food service training of Contractor's staff and volunteers by the food caterer and County Nutritionist. E. Service Assessment. Cooperate with County's assessment of service, at least once yearly, and comply with recommendations within 30 days of written notification, subject to time extension with written approval of County's Nutrition Project Director. III. SUPPORTIVE SERVICES A. Contractor agrees to provide the following supportive services in conjunction with meal service subject to direction of County: 1. Outreach 4. Transportation 2. Recreation 5. Food shopping assistance 3. Escort B. Contractor agrees to provide time and place for the following services to be offered by County-assigned Staff: 1. Nutrition education 2. Information and Referral 3. Health and Welfare counseling IV. SITE COUNCILS I Contractor will continue to develop and staff a site council for each congregate meal site, with at least 51% of the site council membership to consist of persons receiving meal services. Site Councils shall meet once monthly and follow the guide- lines established and stated in the Project Council Bylaws, which is incorporated herein by reference. Minutes of Site Council meetings shall be forwarded to County's Project Director by the last day of each month. Contractor shall also appoint non- participants who are knowledgeable of the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor's staff shall attend all County Project Council meetings. Initials: tra for C y Dept: -2- /3 APPENDIX BUDGET OF ESTIMATED PROGRAM 212 = 033 O - 14 Number CONTRACTOR: HOME HEALTH AND COUNSELING SERVICES INC. Budget Categories Federal Title III-C(1) Funds 1. PERSONNEL Regular Hours $ 113,876 Training Time 1,047 Sick Relief 500 Vacation Relief 2,300 Fringe Benefits 18,488 Subtotal $ 136,211 2. FOOD COSTS: Condiments Subtotal $ 6,000 3. STAFF EXPENSES Travel $ 5,460 Training 100 Subtotal $ 5,560 4. OTHER COSTS Building Space $ 4,356 Utilities 10034 Janitorial 108 Telephone 29328 Kitchen 2,800 Office Expense 1,000 Volunteer Travel 2,000 Insurance 500 Accounting 4,288 Management 10,980 Subtotal $ 29,394 Total Costs $ 177,165 Less Project Meal Income ($ 89,410) Donations ( 11,000) Subtotal ($ 100,410) NET CONTRACT COSTS (Contract Payment Limit) $ 76,755 Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of each line item amount shown above, subject to the Contract Payment Limit. In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project'Director. Initial ontractor Co Dept. I SPECIAL CONDITIONS ! (Nutrition Project for the Elderly ) Number 22 033 - 14 1. Novation. The parties having entered into a prior 3-month Contract Extension Agreement Number 22-033-13 for the period from July 1, 1980 through September 30, 1980, County and Contractor hereby agree to substitute this 1980-81 fiscal year Contract for the aforesaid contract extension agreement. Effective July 1, 1980, all contract rights and obligations of the parties will be governed by this 1980-81 fiscal year Contract. 2. Cost Report and Settlement. Paragraph 6. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "No later than July 31, 1981, or 30 days following the termination of this Contract, whichever comes first, Contractor shall submit to County a fiscal year cost report in the form required by County, showing the total gross allowable program costs which have actually been incurred by Contractor, and the total amount of income collected for meals by Contractor, during the 12-month fiscal year period from July 1, 1980, through June 30, 1981, in accordance with the Budget of Estimated Program Expenditures set forth in the Service Plan. If said cost report shows that the net allowable contract costs (as defined below) which have actually been incurred by Contractor during said fiscal year period exceed the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but not to exceed the 127month Payment Limit of $ 76,755 for said fiscal year period. If said cost report shows that the payments made by County for said fiscal year period pursuant to Paragraph 2. (Payment Amounts) above exceed said net allowable contract costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The net allowable contract costs for cost report and settlement purposes shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during said fiscal year period, minus the total amount of income collected for meals by Contractor during said fiscal year period ending June 30, 1981, computed in accordance with the Budget of Estimated Program Expenditures included in the Service Plan." 3. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract, unless this Contract is terminated prior. to June 30, 1981, by either party pursuant to Paragraph 5. (Termination) of the General Conditions, the term of this Contract shall be automatically extended for the 3-month period from July 1, 1981, through September 30, 1981. The purpose of the automatic 3-month contract extension is to allow for continuation of services as specified in this Contract and to avoid interruption of payment to Contractor, during which time County will finalize appli- cable parts of the County budget, seek State approval of such budget, if necessary or appropriate, and complete for Contractor and County Board of Supervisors approval a novation contract for the 1981-82 fiscal year (including such payment limits and financial provisions as agreed upon after final determination of the County's Nutrition Project for the Elderly). As to any such 3-month extension of this Contract: a. If this Contract is automatically extended for 3 months, the Contract Payment Limit, specified in Paragraph 4. (Payment Limit) of this Contract, is increased by $ 19,188 (the 3-month Payment Limit) and County's total payments to Contractor for said 3-month extension period shall not exceed this 3-month Payment Limit, subject, nevertheless, to the aforesaid novation contract for the 1981-82 fiscal year. b. The Project description, set forth in Paragraph 8. (Project) of this Contract, is modified to read as follows: "FY 81/82 Contra Costa County Nutrition Project for the Elderly under III-C(1) of the Federal Older Americans Act of 1965, as amended; and Interdepartmental Service Agreement Senior Nutrition Project between Social Service Department and Health Services Department, FY 81/82." Initials: ®ractoFCo�Ky Dept.` I -1- /3 SPECIAL CONDITIONS (Nutrition Project for the Elderly) Number 2 2 — ® 3 3 c. Contractor shall continue to provide services as set forth in the Service Plan, subject to any amendments thereto; all service units (set forth in the Service Plan) and line item budget amounts (set forth in the Budget of Estimated Program Expenditures) shall be prorated for a three-month period. d. In addition to the fiscal year cost report specified above in Paragraph 2. (Cost Report and Settlement) of these Special Conditions, no later than October 31, 1981, or as otherwise may be prescribed by County, Contractor shall also submit to County an extension period cost report, as specified in Paragraph 2. (Cost Report and Settlement) above, covering the period of this 3-month contract extension from July 1, 1981, through September 30, 1981, and County and Contractor shall follow the cost report and settlement procedures specified in Paragraph 2. (Cost Report and Settlement) above, subject to the 3-month Payment Limit of $199188 for said contract extension period. e. Said 3-month contract extension shall be subject to any further agreement (novation) which Contractor and County may enter into covering the provision of services during the 1981-82 fiscal year, in accordance with the Contra Costa County Nutrition Project for the'Elderly Annual Plan and Budget for FY 1981-82. 4. Ownership of Supplies and Equipment. Upon termination of this Contract, or as otherwise may be prescribed by County, Contractor shall transfer to County any remaining supplies and equipment that have been purchased with contract funds (excluding items being charged to depreciation or purchased with outside non-County revenues), in accordance with State regulations and/or guidelines prescribed by County, and County shall retain ownership of any such supplies and equipment. 5. In addition to providing services in compliance with Paragraph 17. (Nondiscriminatory Service) of the general Conditions, Contractor further agrees to provide services and maintain employment practices as follows: a. Requirements Regarding Handicapped Persons. Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794), all requirements imposed by the applicable HEW regulations (45 CFR Part 84), and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor which is funded under this Contract. b. Equal Opportunity Requirements. Contractor will comply with the provisions of Title VII of the Civil Rights Act of 1964 (42 USC 2000 as amended by the Equal Opportunity Act of March 24, 1972, Public Law No. 92-261) such that it will not discriminate against any individual with respect to his or her compensations, terms, conditions, or privileges of employment; or discrim- inate in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, religion, sex, or national origin. Initials Co ractorty ep Dt% -2- i .,Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2 . Inspection. Contractor ' s performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3 . Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor' s regular business records and such additional records pertaining to this Contract as may be .required by the County. 4. Retention of Records. Contractor shall retain all documents per- taining to this Contract for five years from the date of submission of Contractor 's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are Complete and exceptions resolved for this contract ' s funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reason- able manner it chooses. The cost to the County of completing Contractor ' s performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County 's rights otherwise to recover its damages. I I C. Cessation of Funding. Notwithstanding Paragraph 5 .a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. .6. Entire Agreement. This Contract contains all the terms and con- ditions agreed upon by the parties . Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of. the parties hereto. 7 . Further � Specifications for Operating Procedures . Detailed speci- fications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes , may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already re- quired hereunder . Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. (A-4616 REV 6/80) -1- I I 13 Contra Costa County Standard Forms GENERAL CONDITIONS (Purchase of Services) 8 . Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval , by its designee, subject to any required State or Federal approval. b. Administrative Amendments . Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor con- cerning the meaning, requirements , or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government . 10. Choice of Law and Jurisdiction . a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11 . Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted. or revised during the term hereof , this Contract shall be amended to assure conformance with such Federal or State requirements. 12 . No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions , inspections or approvals, or statements by any officer , agent or employee of the County indicating the Contractor ' s performance or any part thereof complies with the requirements of this Contract , or acceptance of the whole or any part of said performance , or payments there- for, or any combination of these acts, shall not relieve the Contractor ' s obligation to fulfill this Contract as prescribed ; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract . 13. Subcontract and Assignment. This Contract binds the heirs, suc- cessors, ' assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under [his Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14 . Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be con- strued to create the relationship of agent, servant, employee, partnership, joint venture or association. (A-4616 REV 6/80) -2- + Cbntra Costa County • -Standard Form GENERAL CONDITIONS - (Purchase of Services) i 15 . Conflictls of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of. interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur . 16 . Confidentiality. Contractor agrees to comply and to require its employees, agentsland partners to comply with all applicable State- or Federal statutes or regulations respecting confidentiality , including but not limited to , the identity of persons served under this Contract , their records, or services provided them, and assures that : I a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in-connection with the administration oflor relating to services provid-ed under this Contract will be confidential , and will not be open to examination for any purpose not directly connected with the administration of such service . b. No person will , publish or disclose or pe-rmit or cause to be published or disclosed , any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees , agents 'and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17 . Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available -to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap , and that none shall be used , in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, save harmless and indemnify the County and its- officers, agents and employees from all lia- bilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the ser- vices of the Contractor hereunder, resulting from -the conduct , negligent or otherwise, of the Contractor , its agents or employees. 19 . Insurance. During the entire term of this Contract and any extension or modification thereof , the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless - otherwise nlessotherwise expressed in Special Conditions : a. Liability Insurance. The Contractor shall provide compre- hensive liability insurance, including coverage for owned and non-owned automobiles , with a minimum combined single limit coverage of $500, 000 for all damges, including consequential damages, due to bodily injury, sickness _or disease, or death to any person or damage to or destruction of property, including the loss of use thereof , arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional named insureds as to-' all ser- vices performed by Contractor under this agreement. b. Workrs ' Compensation. The Contractor shall provide workers ' compensation insurance coverage for its employees. i • (A-4616 REV 6/ 80)- -3- I Contra Costa County • �` Standard Form GENERAL CONDITIONS (Purchase of Services) C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate (s) of insurance evidencing liability and workers' compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy (ies) or acquire either a new insurance policy (ies) or amend the coverage affordeU through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance . d. Additional Insurance Provisions. The insurance policies pro- vided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self- insurance program(s) shall not be required to contribute to any loss covered under the Contractor ' s insurance policy or policies. 20. Notices . All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail , postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor ' s address designated herein. The effective date of notice to the Contractor shall be the date of deposit in the mails or of other delivery. The effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21 . Primacy of General Conditions . Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22 . Nonrenewal. Contractor understands and agrees that there is no representation,. implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new con- tract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor . 23 . Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improve- ments , but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107 ) , such interest or improve- ments may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107 . 6, and waives all rights to further notice or . to damages under that or any comparable statute. (A-4616 REV 6180) -4- ' I In the Board of Supervisors of Contra. Costa County, State of California September 10 , 19 80 In the Matter of Approval for Four Nutrition Project for the Elderly Congregate Meal Service Contracts The Board having considered the recommendation of the Director, Health Services Department regarding approval and execution of four contracts for the provision of Nutrition Project for the Elderly Congregate Meal Service contracts under Title III C(1) of the Older Americans Act of 1965, as amended; and The Director, Health Services Department, having advised the Board concerning the need to utilize County funds for funding of said contracts, for the months of July, August and September 1981, until State Department of Aging funding for operation of County's congregate meals program of the Nutrition Project for the Elderly is received, IT IS BY THE BOARD ORDERED that: 1. The below specified contracts are approved and the Director, Health Services Department, is AUTHORIZED to execute standard form Contract Agreement documents, on behalf of the County, with the below-named contractors for the term July 1, 1980 through June 30, 1981; such documents to be subject to automatic extension agreements for the months of July, August and September, 1981: CONTRACT NUMBER CONTRACTOR PAYMENT LIMIT 22-033-14 Home Health and Counseling $ 76,755 Services, Inc. 22-035-11 United Council of Spanish $ 23,517 Speaking Organizations, Inc. 22-077-3 Pleasant Hill Park and $ 3,303 Recreation District (paid to County) 22-065-3 City of E1 Cerrito $ 3,509 (paid to County) 2. The Director, Health Services Department, is AUTHORIZED to utilize $25,068 of County funds for funding said contracts when automatically extended for the months of July, August and September 1981; until State Department of Aging funding is received. PASSED BY THE BOARD on September 10, 1980. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: J Health Services Dept. Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors Auditor-Controller affixed this day of i4 a=tmahar 19 Rn County Administrator Contractors J. R. OLSSON, Clerk EJM:bf By ��� L&6<2ADeputy Clerk M. Covarrubias H-24 3/79 15M i RECEIVED S E P 2 9 1V80 J. R. OISSON AR Of SUPERV ORS 0 In the Board of Supervisors of Contra Costa County, State of California i September 10 , 19 In the Matter of Approval for Four Nutrition Project for the Elderly Congregate Meal Service Contracts The Board having considered the recommendation of the Director, Health Services Department regarding approval and execution of four contracts for the provision of Nutrition Project for the Elderly Congregate Meal Service contracts under Title III C(1) of the Older Americans Act of 1965, as amended; and The Director, Health Services Department, having advised the Board concerning the need to utilize County funds for funding of said contracts, for the months of July, August and September 1981, until State Department of Aging funding for operation of County's congregate meals program of the Nutrition Project for the Elderly is received, IT IS BY THE BOARD ORDERED that: 1. The below specified contracts are approved and the Director, Health Services Department, is AUTHORIZED to execute standard form Contract Agreement documents, on behalf of the County, with the below-named contractors for the term July 1, 1980 through June 30, 1981; such documents to be subject to automatic extension agreements for the months of July, August and September, 1981: CONTRACT NUMBER CONTRACTOR PAYMENT LIMIT J 22-033-14 Home Health and Counseling $ 76,755 Services, Inc. 22-035-11 United Council of Spanish $ 23,517 Speaking Organizations, Inc. 22-077-3 Pleasant Hill Park and $ 3,303 Recreation District (paid to County) 22-065-3 City of E1 Cerrito $ 3,509 (paid to County) 2. The Director, Health Services Department, is AUTHORIZED to utilize $25,068 of County funds for funding said contracts when automatically extended for the months of July, August and September 1981; until State Department of Aging funding is received. PASSED BY THE BOARD on September 10, 1980. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Health Services Dept. Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisor Auditor-Controller affixed this��today of RP=tmal�ar . 19 Rn County Administrator Contractors J. R. OLSSON, Clerk EJM:bf By� , �f,22z _,g2.,,Deputy Clerk M. Covarrubias H-24 3/79 15M "intra Costa Cnur.=y • Standard Form 1 CONTRACT EXTENSION AGREEMENT 1. Contract Identification. Number Department: Health Services (Public Health Division) Subject:, Congregate Meal Services for the Contra Costa County Nutrition Project for the Elderly Effective Date of Contract: October 1, 1979 2. Parties. The County of Contra Costa, California (County) for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING SERVICES, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. _Extension of Term. The term of the above described contract between the parties hereto is hereby extended from June 30, 1930 to September 30, 1980 , unless sooner ter(minated as provided in said contract. i 4. Payment Limit. As to the extended term of the contract, the maximum amount payable by the County_ is increased by the following amount $ ' 16,390 5. Other Provisions. As to the term during which the above described contract is exteuded,. the parties mutually agree to those Special Provisions (if any) attached hereto, which are incorporated herein by reference. 6. Signatures,. !These signatures attest the parties' agreement hereto. COUNTY 0 Oi RAICOSTA, CALIFORNIA CONTRACTOR _ By . y Des' nee, Board of Sup viso Y Y� (Designate official capacity in organi- :!By: st, my Clerk zation and affix corpora ions seal or i attach resolution of gov VbE4*gLTH State of California' ) AND Depu y County of Contra Costa ) ss. COUNSELING ACKNOWLEDGEMENT (CC l.Pt VJ!,C S INC. Recommended Department The person signing above for Contractor. , known to me in those ind 4rMTRlate pril 17, 1963 business capacities, persona y appeared By _ before me today and acknowledged that I Designee he/they signed it and that the corporation or partnership named above executed this instrument pursuant to its bylaws or a resolution of its board of directors. lJ�l �/}' Dated: DEPUTY Cc LqY COUN6lTL, CONTRA C STA COON Y CALIF, �¢,y�- (Form approved by County G�ounse�) � 6Z7?,t1 Notary ub c/Deputy County Clerk OFFICIAL SEAL MARGUERITE UTTER (A-4621 i2EV 5/79) 'p NOTARY PUBLIC • CALIFORNIA CONTRA COSTA COUNTY, My comm. expires FEB 4, 1983 SPECIAL CONDITIONS 22 - 033 - J1-p 3 Number 1. Service Plan. Contractor shall continue to provide services as set forth in the Service Plan subject to any amendments thereto; all meal services as set forth in the Service Plan and line budget items (set forth in the Budget of Estimated Program Expenditures) shall be prorated for a three-month period. 2. Cost Report and Settlement. Paragraph 6. (Cost Report and Settlement) of the Payment Provisions is hereby modified in its entirety to read as follows: "6. Cost Report and Settlement. a. Nine-Month Cost Report. No later than July 31, 1980, or 30 days following the termination of this Contract, whichever comes first, Contractor shall submit to County a Nine-Month Cost Report in the form required by County, showing the total gross allowable program costs which have actually been.incurred by Contractor, and the total non-county pro- gram revenues (excluding donations) which have actually been provided by Contractor, during the nine-month period from October 1, 1979 through June 30, 1980, in accordance with the Budget of Estimated Program Expendi- tures set forth in Appendix B. If said cost report shows that the net allowable contract costs (as defined below) which have actually been incurred by Contractor during said nine-month period exceed the payments made by County for said period pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but not to exceed the nine-month Payment Limit of $ 49,171 for said period. If said cost report shows that the payments made by County for said nine- month period pursuant to Paragraph 2. (Payment Amounts) above exceed said net allowable contract costs which have actually been incurred by Contractor under this Contract during said period, Contractor shall remit any such excess amount to County. The net allowable contract costs for cost report and settlement purposes shall be defined as the total gross allowable program costs which have actually been incurred by Contractor hereunder during said nine-month period, minus the total non-County program revenues which have actually been provided by Contractor during said period ending June 30, 1980, computed in accordance with the Budget of Estimated Program Expenditures included in Appendix B. b. Extension Period Cost Report. In addition to the cost report specified in Paragraph 6.a. (Nine-Month Cost Report) above, no later than October 31, 1980, or as otherwise may be prescribed by County, Contractor shall also submit to County an Extension Period Cost Report, as specified in Para- graph 6.a. (Nine-Month Cost Report) above, covering the period of this three-month contract extension from July 1, 1980 through. September 30, 1980, and County and Contractor shall follow the cost report and settle- ment procedures specified in Paragraph 6.a. above, subject. to the three- month Payment Limit of $ 16,390 for said contract extension period." 3., Novation. Said three-month contract extension shall be subject to any futher agreement (novation) which Contractor and County may enter into covering the provision of services during the 1980-81 Fiscal Year in accordance with the Contra Costa County Nutrition Project for the Elderly under Title III C of the Federal Older Americans Act of 1965, as amended. l Initials: ' retractor unty Dept. y In the Board of Supervisors of Contra Costa County, State of California 1 June 17 , 1980 I • In the Matter of Authorization for three-month contract extensions with Nutrition Project for the Elderly contractors for July, August, and September 1980 Congregate meal services contracts for the County's Nutrition Project for. the Elderly with service providers, being due to expire on June 30, 1980, and The Director, Health Services Department, having advised the Board concerning the need to extend congregate meal services contracts for the County's Nutrition Project for the Elderly for the three-month period of July, August, and September 1980, pending completion of the FY 1980-81 Nutrition Project for the Elderly Plan and Budget, and The Director, Health Services Department, having advised the Board concerning the need to utilize County funds for funding of said contracts until State Department of Aging funding for operation of the County's congregate meals program of the Nutrition Project for the Elderly is received, IT IS BY THE BOARD ORDERED that: 1. The Director, Health Services Department, is AUTHORIZED to execute standard form Contract Extension Aareement documents, on behalf of the County, with the below-named contractors for the months of July, August, and September 1980; such extension documents to be subject to novation contracts for ,the 19807-81 fiscal .year: Contract Three-Month Number Contractor Payment Limit 22-033-13 Home Health and Counseling Services, Inc. $ 16,390 22-035-10 United Council of Spanish Speaking Organizations, Inc. 3,228 22-107-3 Neighborhood House of North Richmond, Inc. 79420 2. The Director, Health Services Department, is AUTHORIZED to utilize $27,038 of County funds for funding of said contracts until State Department of Aging funding is received. PASSED BY THE BOARD on June 17, 1980. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig health Services Dept. Witness my hand and the Seat of the Board of Attn: Contracts & Grants Unit Supervisor cc: County Administrator offixed this 17th day of JlInP. 19 80 Auditor-Controller Contractors J. R. OLSSON, Cleric By Deputy Cleric R. J. Fluhrer . I EJM:dg H-24 3/79 15M 3 { In the Board of Supervisors of Contra Costa County, State of California June 17 , 19 $8 In the Matter of Authorization for three-month contract extensions with Nutrition Project for the Elderly contractors for July, August, and September 1980 Congregate meal services contracts for the County's Nutrition Project for the Elderly with service providers, being due to expire on June 30, 1980, and The Director. -Health Services Department, having advised the Board concerning the need to extend congregate meal services contracts for the County's Nutrition Project for the Elderly for the three-month period of July, August, and September 1980, pending completion of the FY 1980-81 Nutrition Project for the Elderly Plan and Budget, and The Director, Health Services Department, having advised the Board concerning the need to utilize County funds for funding of said contracts until State Department of Aging funding for operation of the County's congregate meals program of the Nutrition Project for the Elderly is received, IT IS BY THE BOARD ORDERED that: 1. The Director, Health Services Department, is AUTHORIZED to execute standard form Contract Extension Agreement documents, on behalf of the County, with the below-named contractors for the months of July, August, . and September 11980; such extension documents to be subject to novation contracts forthe1980-81 fiscal year: Contract Three-Month Number Contractor Payment Limit i 22-033-13 Home Health and Counseling Services, Inc. $ 162390 I 22-035-1.0 United Council of Spanish Speaking Organizations, Inc. 32228 22-107-3 Ne ighborhood House of North Richmond, Inc. 70420 I 2. 'The Director, Health Services Department, is AUTHORIZED to utilize $27,038 of County funds for funding of said contracts until State Department of Aging funding is received. PASSED BY THE BOARD on June 17 , 1980. I 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: health Services Dept. Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 17th day of June 19 80 Auditor-Controller Contractors OLSSON, Clerk By -r, Deputy Clerk . J. Fluhrer EJM:dg H-24 3/79 15M In the Board of Supervisors of Contra Costa County, State of California January 29 019 80 In the Matter of i Approval for five Nutrition Project Meal Service Contracts (Nutrition Project for the Elderly) i The Board on September 25, 1979, having authorized negotiations for certain Nutrition Project contracts for the term from October 1, 1979 through June 30, 1980, and The Board having considered the recommendation of the Director, Health Services Department, regarding approval and execution of five resulting contracts for the provision of Nutrition Project meal services, including congregate meal site management and home meal delivery services, under Title III C of the Older Americans Act, as amended, IT IS BY THE BOARD ORDERED that the below specified contracts are APPROVED and that the Director, Health Services Department is AUTHORIZED to execute, on behalf of the. County, said standard form contracts for the term from October 1, 1979, through June 30, 1980, as follows: Contract Payment Number Contractor Limit I 22-033-12 Home Health and Counseling Services, Inc. $ 49,171 22-107-2 Neighborhood House of North Richmond, Inc. 22,259 22-035-9 United Council of Spanish Speaking Organizations, Inc. 9,685 22-065-2 City of E1 Cerrito (2,182) 1 due to County 22-077-2 Pleasant Hill Recreation and Park District (2,762) due to County PASSED BY THE BOARD on January 29, 1980. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Health Services Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this 29th day of January 1980 Auditor-Controller Contractors By e2J. R. OLSSON, Clerk xDeputy Clerk R. J Fluhrer H-24 3/79 15M CONTRACOSTA COUNTY NIEDICA L S E R V i C ES . Contracts and Grauts UIiL' f,9 a;tinez, California 65, IPil2e Street , tc ,_Lour.- To: M. G. Wingett, County Administrator Dat-2: January 23, 1980 Attention: C. L. Van Marter EXECUTION OF FIVE FY .79-80' From. Arnold S. Leff, M.D. , Director Subject: NUTRITION PROJECT CONTRACTS Attached for presentation to the Board of Supervisors is a proposed Board. Order authorizing the execution of the following ongoing Nutrition Project for the Elderly contracts for the Department's Public Health Division: Contract Payment Number Contractor Limit 22-033-12 Home Health and Counseling Services, Inc. $ 49,171 22-107-2 Neighborhood -House of. North Richmond, Inc. :,,. 22,259 22-035-9 United Council of Spanish Speaking Organizations, Inc... -- 9,685 22-065-2 "City of E1 Cerrito {2,182) -- --. ..- _..__- . . due to County 22-077-2 ." Pleasant Hill Recreation and Park District (2,762) (erroneouly named as the City of Pleasant Hill due to County in earlier material, such as the 9/25/79 Board Order cited below) Term: October 1, 1979 through June 30, 1980 Funding: 100% State contract subvention under Title III C of the Older Americans Act Service: Congregate meal site management and home meal delivery 'services under the County's Nutrition Project for the Elderly The Board authorized negotiations for these contracts on September 25, 1979 (see Board Order, attached for reference). As. a result of negotiations with each of the contractors, the Contract Payment Limits have been increased (compared to the original preliminary estimates) , due in part to budget corrections, a 7% cost of living increase, and the addition of a new congre- gate meal site and additional staffing to handle the serving of more meals for Home Health and Counseling Services, Inc. , and Neighborhood House of North Richmond, Inc. The January 3, 1980 memo from the Division Director and the January 17, 1980 memo from the Project Director are a 'ng an explanation of the contract retroactivity and p -i& I V E JAN 1080 J. R. OLSSON / I CLERK BOA FC ►PERVISORS CO BL L... ... A-50 W 9/77 I M. G. Wingett January 23, 1980 Page 2 A slightly revised and updated contract format for these project services has just been approved as to legal form by the County Counsel' s Office with no significant changes over last year' s standard contract format. In order tolexpedite the completion of these contract documents and make the much needed payments to the contractors at the earliest possible date for services rendered back to October 1, 1979 (and remedy serious cash flow problems), it is recommended that I be authorized to execute the standard form contracts as soon as they are prepared and signed by each contractor.' Your office will be supplied with a copy of the new standardized contract format as soon as it is typed in final form. I therefore recommend that the proposed Board Order be approved and submitted to the Board of Supervisors at their, next meeting on Tuesday, January 27, 1980. RJP:dg Attachments cc: Orlyn Wood, M.D. T. E. Beaudet Ray Servante Elizabeth Hutchins Becky Fluhrer i I ' i �. • HEALTH DEPARTMENT • Contra Costa County TO: Bob Proctor, Contracts and Grants DATE: January 17, 1980 Administrator Health Services FROM: Ray Servante, DirectorCld'erly SUBJECT: 79-80 Nutrition Project Contracts Nutrition Project for Regarding the memo to you of January 3, 1980 from Orlyn Wood, M.D. , Assistant Director of Health Services-Public Health, certain adjustments have been made in the payment limits of the listed contracts based on final negotiations with the subcon- tracting agencies. The contract payment limits shown on the previously submitted request form were only tentative estimates as agreed upon by myself and the contractors late in August 1979. The following are the amounts arrived at in final negotiations with the con- tractors: Contract '# Agency : -Amount 22-033-12 Home Health & Counseling, Inc. :_49 ;171, 22-107-2 Neighborhood House of North Richmond 22;259 22-035-9 United Council of Spanish Speaking 9,685 Organizations 22-065-2 City of El Cerrito ' (2,182) 22-077-2 (25762) Jt-CA5AWT 1{-rG[, PEC. ,, P�'K t7lST/�lC Attached you will find the detailed line item budgets supporting these amounts which were agreed upon orally by all parties. Please disregard the tentative estimates shown in the previous contract requests and substitute the above figures. Your assistance in expediting this matter is greatly appreciated. RS:ad cc: Dr. Wood Tom Beaudet Attachments GA-9 10/78 SM CONTRA COSTA COUNTY *UTRITI N PROJECT FOR THE ELDE� RLY FY. 1979 - 1980 TERM: 9 months- October 1,1979. through June 30, 1980 SUBCONTRACTOR: jHOME HEALTH & COUNSELING INC. CONTRACT NUMBER:22-033-12 I � PERSONNEL: Coordinator II $12,267:00 TOTALS Coordinator I (2) 14,687.00 Cordinator/Manager 5,804.00 Site Managers 40,590.00 Clerk Typist 8,438.00 Training Time 1,564.00 Vacation Relief 21500.00 Sick Relief 500.00 Fringe Benifits ' 11,266.00 Total Personnel: $ 97,616.00 CONDIMENTS: $ 4,650.00 $ 4,650.00 STAFF TRAVEL & TRAINING: Travel $ 59000.00 Training 11000.00 Total Travel & Training $ 6,000.00 OTHER COSTS: Building Space $ 2,835.00 Utilities 650.00 Janitorial 550.00 Telephone 1 ,911 .00 Kitchen 1,980.00 Office Expense 19902.00 Volunteer Expense 19800.00 Insurance 1$ 00.00 Accounting 49050.00 Management 2,727.00 Total Other Costs $ 19.905.00 TOTAL PROJECT COSTS $128,171.00 Less: Project Income 68,000.00 Donations 11,000.00 NET PROJECT COSTS I $ 49,171.00 i 3 ' CONTRA COSTA COUNTY NUTRITION PROJECT FOR THE ELDERLY 79-80 Budget SUBCONTRACTOR: NEIGHBORHOOD HOUSE OF NORTH RICHMOND CONTRACT NUMBER: 22-107 Totals PERSONNEL: Coordinator I $ 6,958.00 Site Managers 12,506.00 Escort Aide 3,209.00 Training Time 456.00 Vacation Relief 898.00 Sick Relief 200.0 Fringes 5,624.00 Sub-Total Personnel $ 29,851.00 STAFF: Travel 560.00 Training 50.00 Sub-Total Staff Travel & Training S 610.00 FOOD COSTS: Condiments 798.00 $ 798.00 OTHER COSTS: Telephone 150.00 Office Expense 140.00 Other Supplies - Kitchen 150.00 R & M Vehicle 98.00 Vehicle Operation 400.00 Outside Services - Management' 225.00 Accounting 900.00 Volunteer Expense - Mileage 250.00 Insurance 870.00 Sub-Total Other Costs S 3.183.On TOTAL PROJECT COSTS $ 34,442.00 Less: Meal Income S 12,183.00 NET PROJECT COSTS S 22,259.00 • i CONTRA COSTA COUNTY NUTRITION PROJECT FOR THE ELDERLY 79-80 Budget SUBCONTRACTOR: UNITED COUNCIL OF SPANISH SPEAKING ORGANIZATIONS CONTRACT NUMBER: 22-035 Total PERSONNEL: Coordinator Manager $ 6,033.00 Site Managers 9,206.00 Training Time 438.00 Sick Relief 150.00 Vacation Relief 620.00 Fringes 2,847.00 Sub-Total Personnel $ 19,294.00 STAFF: Travel 300.00 Training 50.00 Sub-Total Staff Travel & Training 350.00 FOOD COSTS: Condiments 850.00 850.00 OTHER COSTS: Building Space 360.00 Telephone 720.00 Office Expense 145.00 Other Supplies - Kitchen 300200 Accounting 900.00 Volunteer Expense - Mileage 150.00 Insurance 866.00 Sub-Total Other Costs S 3.441.00 ` TOTAL PROJECT COSTS 23,935.00 Less: Meal Income $ 14,250.00 NET PROJECT COSTS S 9,685.00 1' CONTRA COSTA COUNTY 1 NUTRITION PROJECT FOR THE ELDERLY . 1 79-80 Budget 1 . SUBCONTRACTOR: CITY OF EL CERRITO CONTRACT NUMBER 22-065 Totals RAW FOOD: Condiments $ 320.00 $ 320.00 OTHER COSTS: Other Supplies - Kitchen 95.00. Volunteer Exp. -- Part. Trans. 0,.560.00 Sub-Total Other Costs $ 1,655.00 TOTAL PROJECT COSTS $ 1,975.00 Less: Meal Income $ 4, 157.00 NET PROJECT COSTS or (Net Due County) $ 2,182.00 - . /3 HEALTH DEPAIRT2,12-INT Contra Costa County TO- Bob Proctor) Contracts and Grants DATE: January 3, 1980 Administrator Health Services FROM: Orlyn blood, M. � , ssiji.,Lirector Svs�cT: F.Y. 79-80 Health Service - it �la� �h nutrition Project Contracts This is to request retroactive approval of the following Nutrition Project .. contracts : - ° Contract # Contractor Term - 22-033-12 Home Health & Counseling, Inc. 10/1/79 - 6/30/80 . 22-107-2 Neighborhood House of North Richmond 10/1/79 - 6/30/80 =- 22-035-9 United Council of Spanish Speaking Organi- 10/1/79 - 6/30/80 zations 22-065-Xv E1 Cerrito 10/1/79 - 6/30/80 22-077-�'v Pleasant Hill Rei QAki4 0�577 10/1/79- 6/30/80 The contracts require retroactive.approval. because of delays in the Contracts and Grants Divisions of Health Services and Social Services Departments during their recent reorganization. The contract requests were prepared in August, 1979 and received by the Contracts and Grants Division in Health Services in September, 1979. Contract negotiations were performed by Ray Servante, Nutrition Project Director and Health Services-Public Health designee in handling Nutrition Project operations_ Verbal agreements were made by Ray Servante with the contractors in late August of 1979 as to contract payment amounts and services_ . All parties agreed that contracts. would be dated effective October 1,. 1979. Contract payment limits are J n agreement with the Board of Supervisors approved Nutrition Project Budget and Grant Application-. - - It is necessary that these contracts be approved so that the contractors can be paid for services already performed for the Project at their o,. n expense-, OW:ad I ECEIWE JAN 1 =4 1980 ')EPT OF HEALTH SERVICES CONTRACTS & GRANTS LIMIT CONTRA COSTA COUNTY NUTRITION PROJECT FOR THE ELDERLY 79-80 Budget ' SUBCONTRACTOR: ��PLEASANT HILL ACK DISC CONTRACT NUMBER 22-077 Total RAW FOOD: Condiments $ 300.00 $ 300.00 OTHER COSTS: Office Expense . 50:00 Other Supplies - Kitchen 85.00 Volunteer Expense - Mileage 223.00 Sub-Total Other Costs $ 358.00 TOTAL PROJECT COSTS $ 658.00 Less: Meal Income $ 3,420.00 NET PROJECT COSTS or (Net Due County) $ 2,762 .00 1,3 ' d3 �-/� in the Board of Supervisors of Contra Costa County, State of California . Septembar 25 , 79 79 In the /ratter of Authorization for Nutrition Project - Contract Negotiations (Department of Health Services) The Board having considered requests from the Department of Healt� =':�: Services, regarding approval to complete various Nutrition Project purchase:-- of service contrict. documents,.-IT IS BY THE BOARD ORDERED that the Director-;:_':; Department of Health Services,. or his designee, is AUT'riORIZED to conduct contract negotiations with the prospective contractor(s), as follcws_: :.= COPITRACTOR. ANTICIPATED MAXI,'�tU�f = (Contract TERM OR EST.:Ac�fT Number) PROGRI # SERVICES EFF. DATES (Source} _ Home Health and Congregate m>nal si to 10/ 1 /79 - $ 28,802 Counseling, Inc .. .management6/30/80 (n22-033-12} : - United Council of Congregate-meal site 10/ 1 /79 $ 7,I49 Spanish Speaking mattagemett6/30/80t-:­:' -- "'"'�✓' . Organizations, Inc: (7T'22-035-9) City of El Cerrito Congregate- meal site 10/ 1 /79 - $ 3,584 (n22-065-J manageff"t 6/30/80 due County )KCi ty of Pleasant Hill. Congregate Meal site-. IOI 1 /79 - 21,834 (7r22-077-,9 'management::-'. 6130/80 due County Neighborhood House of Congregate`:_meal site 10/ 1 /79 - $ 182203 -' -- North Richmond- management- 6130/80 (n22-107-2) Contra Costa Foods, Food caterer 1011 /79 - $2883800- '- = Inc. (n22-038-11) 6/30/80 City of Richmond Congregate meal service 10/1/79 - $ 6,250 (r22-124) 2/29/80 due County All County payments specified above are federal Title III Older . Americans Act funds. PASSED BY THE BOARD on September 25, 1979. 1 hereby certify that the foregoing iso true and correct copy of on order entered on the minutas,of said Board of Supervisom on the date aforesaid. Witness my hand and the Se•a1 of t'h-n Board of Orig: Health Services Supervi3or3 Attn: Contracts & Grants this25tn day of September ig 79 cc: County Administrator Contractors I Q n J. R. OLSSON, Clerk & t.�'i�d .i� � r' I's�L/Z- 6=v- By Deputy Clark Plubrer EH:gm H - 24 4/77 15m In the Board of Supervisors of Contra Costa County, State of California , 19 � In the Matter of Approval for five Nutrition Project Meal Service Contracts (Nutrition Project for the Elderly) The Board on September 25, 1979, having authorized negotiations for certain Nutrition Project contracts for the term from October 1, 1979 through June 30, 1980, and The Board having considered the recommendation of the Director, Health Services Department, regarding approval and execution of five resulting contracts for the provision of Nutrition Project meal services, including congregate meal site management and home meal delivery services, under Title III C of the Older Americans Act, as amended, IT IS BY THE BOARD ORDERED that the below specified contracts are APPROVED and that the Director, Health Services Department is AUTHORIZED to execute, on behalf of the. County, said standard form contracts for the term from October 1, 1979, through June 30, 1980, as follows: Contract Payment Number Contractor Limit 22-033-12 Home Health and Counseling Services, Inc. $ 49,171 22-107-2 Neighborhood House of North Richmond, Inc. 22,259 22-035-9 United Council of Spanish Speaking Organizations, Inc. 9,685 22-065-2 City of El Cerrito (2,182) due to County 22-077-2 Pleasant Hill Recreation and Park District (2,762) due to County PASSED BY THE BOARD on 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Health Services Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: CountylAdministrator affixed this day of 19_ Auditor-Controller Contractors J. R. OLSSON, Clerk By Deputy Clerk H-24 3/79 15M i I • • qE CONTRA COSTA COUNTY MEDICAL SERVICES Contracts and Grauer Unit Martinez, California 651 Pine Street, Fth Floor To: M. G. Wingett, County Administrator Date: January 23, 1980 Attention: C. L. Van Marter EXECUTION OF FIVE FY 79-80 From: Arnold S. Leff, M.D. , Director Subject: NUTRITION PROJECT CONTRACTS Attached for presentation to the Board of Supervisors is a proposed Board Order authorizing the execution of the following ongoing Nutrition Project for the Elderly contracts for the Department's Public Health Division: Contract Payment Number Contractor Limit 22-033-12 Home Health and Counseling Services, Inc. $ 49,171 22-107-2 Neighborhood House of. North Richmond, Inc. 22 ,259 22-035-9 United Council of Spanish Speaking Organizations, Inc. 9,685 22-065-2 City of E1 Cerrito (2)182) due to County 22-077-2 Pleasant Hill Recreation and Park District (2,762) (erroneouly named as the City of Pleasant Hill due to County in earlier material, such as the 9/25/79 Board Order cited below) Term: October 1, 1979 through June 30, 1980 Funding: 100% State contract subvention under Title III C of the Older Americans Act Servicer Congregate meal site management and home meal delivery services under the County' s Nutrition Project for the Elderly Ther Board authorized negotiations for these contracts on September 25, 1979 (see Board Order attached for reference). As a result of negotiations with each of the contractors, the Contract Payment Limits have been increased (compared to the original preliminary estimates) , due in partito budget corrections, a 7% cost of living increase, and the addition of a new congre- gate meal site and additional staffing to handle the serving of more meals for Home Health and Counseling Services, Inc. , and Neighborhood House of North Richmond, Inc.. The January 3, 1980 memo from the Division Director and the January 17, 1980 memo from the Project Director are attached, giving an explanation of the contract .retroactivity and payment limit changes. I A-50 3M 9/77 I • M. G. W:ingett January� 23, 1980 Page 2 A slightly revised and updated contract -format for these project services has just been approved as to legal form by the County Counsel's Office with no significant, changes over last year' s standard contract format. In order to expedite the completion of these contract documents and make the much needed payments to the contractors at the earliest possible date for services rendered back to October 1, 1979 (and remedy serious cash flow problems), it is recommended that I be authorized to execute the standard form contracts as soon as they are prepared and signed by each contractor. Your office will be supplied with a copy of the new standardized contract format as soon as it is typed in final form. I therefore recommend that the proposed Board Order be approved and submitted to the Board of Supervisors at their next meeting on Tuesday, January 27, 1980. RJP:dg Attachments cc: Orlyn Wood, M.D. T. E. Beaudet Ray Servante Elizabeth Hutchins Becky Fluhrer l Contra Costa County Standard Form STANDARD CONTRACT (Purchase of Services) i� c� 1. Contract Identification. Number 2 2 m V 3 3 m 1 2 Department: Health Services (Public Health Division) Subject: Meal .Services for the Contra Costa County Nutrition Project for the Elderly 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING SERVICES, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Term. The effective date of this Contract is October 1, 1979 and it terminates June 30, 1980 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 49,171 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor' s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all' the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: FY 79/80 Contra Costa County Nutrition Project for the Elderly under Title III-C of the'Federal Older Americans Act of 1965, as amended; and County Contract 129-214-16 with the California State Department of Aging, and any modifi- cations or amendments thereto. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 USC Sections 3045ff and 45 CFR §909ff; and California Government Code Sections 26227 and 53703. .... HOME HEALTH 10. Signatures. These signatures attest the parties' agreement hereto: AND COUNTY OF CON RA COSTA, CALIFORNIA CONTRACTOR COUNSELING Sr � INC. B y B 963 DestVee, Board of Supervis s • (Designate official capacity in organi- est: J. R. Olsson, County Cl zation and affix corporation seal or attach resolution of governing board) By State of California ) Deputy County of Contra Costa ) ss. ACKNOWLEDGEMENT (CC 1190. 1) Recommend y Departme The person signing above for Contractor, known to me in those individual and business capacities, personally appeared y before me today and acknowledged that. Desi'Kee he/they signed it and that the corporation or partnership named above executed this instrument pursuant to its bylaws or a Form Approved: resolution of its board of directors.. Dated: 4 By Dept. ContractsiVand Grants Administrator C 1W_P,ub l i7OFFIC! A / L(A-4617 REV 9/78) CR o NOTARY PUBLIC - CALIFORNIA 9, oar, CONTRA COSTA COUNTY MY comm. expires FEB 4, 1983 ,Contra Costa County Standard Form � ` • PAYMENT PROVISIONS • (Cost Basis Contracts) Number 2 2 - 03_ 3 - 12 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Contract. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor's obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the below provisions for Cost Report and Settlement, Audits, and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [Check one alternative only] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. An amount equal to Contractor' s allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. [X] d. An amount equal to Contractor's allowable costs that are actually incurred semi-monthly, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. Contractor will submit demands semi-monthly for allowable costs that have been actually incurred in each prior semi-monthly period. 3. Allowable Costs. Contractor' s allowable costs are only those which are determined in accordance with: [Check one alternative only] [X] a. General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable To Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attach- ments A and B, such other documents (if any) specified in the Service Plan regarding: (1) Principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and (2) Standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan, or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines, including standards for determining allowable or non-allowable costs. 4. Payment Demands. Contractor shall submit written demands monthly or as specified in Paragraph 2. (Payment Amounts) above, for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said pay- ment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. Initials4ont-ractor Coin. (A-4618 REV 8/78) -1- [Continued on Reverse Side] - e Contra Costa County • . Standdrd Form e . PAYMENT PROVISIONS (Cost Basis Contracts) 5. Right to Withhold. County has the right to withhold. payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor' s performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records , or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. ' 6. Cost Report and Settlement. No later than sixty (60) days following the termination, of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 7. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts , but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pur- suant .to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County' s liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor' s failure to perform properly any of its obligations under this Contract. (A-4618 REV 8/78) -2- SERVICE PLAN Number 22 - 033 - 12 Service Provisions Contractor shall serve nutritionally balanced meals in a comfortable, congenial atmosphere and provide supportive social services pursuant to County—approved program schedules for the County Nutrition Project for the Elderly, daily on every Monday through Friday, during the period of ,this Contract, excepting those days " that are national holidays. Contractor shall be subject to specifications relevant to its performance included in the Application and Approval Documents set forth in Contract Paragraph 8. (Project) under Title III—C of the Older Americans Act which is incorporated herein by reference. Contractor shall be subject to and comply with the Work Program, attached hereto which is incorporated by reference as Appendix A. Contractor shall provide meals for service under this Contract from the food caterer or caterers designated by the County in writing. Contractor shall solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the community. Contractor will place primary emphasis on reaching those isolated persons who, because of limited financial resources, are unable to prepare for themselves well—balanced, nutritious meals. As vacancies occur in the meals program, staff shall attempt to fill these openings with persons that meet the above criteria rather than on a .first come, first served basis. A registration system and waiting list will be used to insure maximum utilization of the Program by persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. Payment for Service The "Budget of Estimated Program Expenditures" referred to in the Payment Provisions is incorporated herein by reference as Appendix B. The semi—monthly payment for reimbursable expenditures to Contractor referred to in the Payment Provisions will be less the amount of income collected for meals during said semi—monthly period, which will be deducted from total Contractor expenses in arriving at the net amount due. A separate checking account (Income Account) will be established by Contractor which will be apart from any other Contractor accounts, in which shall be deposited all payments for meals received from participants. Income shall be deposited twice weekly or when total undeposited income exceeds $100. The •Income Account will be used only to transfer funds to Contractor's General Account upon release by the County Auditor's Office. Other than cash disbursements from any Petty Cash fund, all of Contractor's project disbursements will be by check, drawn upon Contractor's General Account or any special account specifically for this project. All disbursements from Contractor's General Account for the Nutrition Project shall be clearly identified as such. Initials• C tractor County Dept. 13 APPENDIX A WORK PROGRAM Number 2 2 - 0 3 3 - 12 I. ADMINISTRATION. Contractor agrees to: A. Staff 1. Recruit, hire and train paid and volunteer staff as needed and budgeted to provide administration, meal service and supportive services. Contractor's job descriptions for its staff must include those duties and responsibilities listed in the job descriptions submitted as part of County's grant application to the State Office on Aging. Contractor' s interview and selection process for staff to provide contract services will include at least two Nutrition Project participants from each site at which the staff person will work. In addition, all interviews for Coordinator or Coordinator/Manager positions will include County's Nutrition Project Director. 2. Supervise staff in the carrying out of those activities as defined in Title III-C of the Older Americans Act and as specified herein and ensure that parti- cipants are treated courteously and warmly. 3. Facilitate and coordinate activities with County-assigned staff within the project. B. Program Planning 1. Participate with County in program planning and development of other community resources. C. Records 1. Maintain records of participants and project operation, which shall be open to inspection by authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books on all expenditures and income related to the project and maintain Cash Disbursements, Payroll and In-Kind Resources Journals. 3. Provide County with program and financial reports on a timely basis as requested by County. II. MEAL SERVICES A. Congregate Meals Sites. Contractor will: 1. Serve an average of 700 congregate meals 5 days per week at 13 site(s) , as follows: Maple Hall, #1 Alvarado Square, San Pablo, CA Senior Citizen Drop-In Center, 189 Parker Avenue, Rodeo, CA Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA Concord Senior Center, 2727 Parkside Circle, Concord, CA Casa Serena, 1036 Clearland Drive, West Pittsburg, CA Antioch Senior Citizens Drop-In Center, 213 F Street, Antioch, CA Walnut Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA Blue Devils' Club Building, 1441 Meadow Lane, • Concord, CA St. Marks Episcopal Church, 800 Pomona Avenue, Crockett, CA Veterans Club, 5218 Sobrante Avenue, E1 Sobrante, CA Marina Community Center, 340 Black Diamond, Pittsburg, CA Veterans Memorial Bldg. , First and Mt. Diablo, Lafayette, CA 2. Obtain prior written approval of County's Nutrition Project Director before changing the monthly average number of meals served or any site location. 3. Maintain a current file of sanitarian and fire marshal reports for each site, approving use of site by Nutrition Project. 4. Reassign meals from one County Nutrition Site to another dependent on the success of Outreach efforts and need and upon written notification by County's Project Director. Initials: Con actor County Dept. -1- 13 APPENDIX A WORK PROGRAM Number 2 2 - 0 3 3 - 12 B. Home Delivered Meals. Contractor will not deliver more than 10% of total meals to participants homes. Participants are eligible to home-delivered meals only when they are regular participants at a congregate meal site and are temporarily ill or incapacitated. Contractor shall complete and keep on file form #NP-29 Congregate Waiver and medical certificate for each participant receiving a home-delivered meal and 'will deliver meals in accordance with County specifications. C. Staffing. Contractor will use staff (as budgeted in Appendix B) and volunteers primarily for the delivery of meal service and secondarily for provision of supportive services (Paragraph III A below) . Staff and volunteers will be permanently or tempo- rarily reassigned to meal service whenever necessary and appropriate. D. Meal Delivery. Contractor will: 1. Order meals from the food caterer designated by County with 72 hours notice and accept and verify delivery of meals at the site designated. 2. Clean food containers after meals and prepare them for pickup by the food caterer for his use in preparing for the next delivery to Contractor. And Contractor will clean and store daily any food warmers assigned by County. 3. Certify the number of meals and acceptability of the food (including temperature of hot food and cold food) supplied by the food caterer using form #NP-35, MENU. Contractor will submit this form to County each Friday afternoon and cover food service for Monday through Friday for that week. 4. Maintain County-owned and assigned equipment in a reasonable condition and be responsible for replacement costs of said equipment. Contractor will submit a quarterly inventory of County-owned equipment to County. And Contractor will submit a monthly inventory of paper goods to County with reorder forms. 5. Maintain a close working relationship with the food caterer and County Nutritionist, including coordination of food service training of Contractor's staff and volunteers by the food caterer and County Nutritionist. E. Service Assessment. Cooperate with County's assessment of service, at least once yearly, and comply with recommendations within 30 days of written notification, subject to time extension with written approval of County's Project Director. III. SUPPORTIVE SERVICES A. Contractor agrees to provide the following supportive services in conjunction with meal service subject to direction of County: 1. Outreach 4. Transportation 2. Recreation 5. Food shopping assistance 3. Escort B. Contractor agrees to provide time and place for the following services to be offered by County-assigned staff: 1. Nutrition education 2. Information and Referral 3. Health and Welfare counseling IV. SITE COUNCILS Contractor will continue to develop and staff a site council for each congregate meal site, with at least 51% of the site council membership to consist of persons receiving meal services. Site Councils shall meet once monthly and follow the guide- lines established and stated in the Project Council ByLaws, which is incorporated herein by reference. Minutes of Site Council meetings shall be forwarded to County's Project Director by the last day of each month. Contractor shall also appoint non- participants who are knowledgeable of the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor' s staff shall attend all County Project Council meetings. Initials: CAract7or County Dept. -2- APPENDIX B BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number2.2 - 033 - 12 CONTRACTOR: HOME HEALTH AND COUNSELING SERVICES INC. Budget Categories Federal Title III-C Funds 1. PERSONNEL Coordinator II $ 12,267 Coordinator I (2) 14,687 Coordinator/Manager 5,804 Site Managers 40,590 Clerk Typist 8,438 Training Time 1,564 Sick Relief 500 Vacation Relief 2,500 Fringe Benefits 11,266 Subtotal $ 97 ,616 2. RAW FOOD Condiments Subtotal $ 4,650 3. STAFF EXPENSES Travel $ 5,000 Training 1,000 Subtotal $ 6,000 4. OTHER COSTS Building Space $ 2,835 Utilities 650 Janitorial 550 Telephone 1,911 Kitchen 1,980 Office Expense 1,902 Volunteer Expense 1,800 Insurance 1,500 Accounting 4,050 Management 2,727 Subtotal $ 19,905 Total Costs $ 128,171 Less Project Income ($ 68,000) Donations ( 11,000) Subtotal ( 79,000) NETICONTRACT COSTS (Contract Payment Limit) $ 49,171 Subject to the Contract Payment Limit, adjustments in budget category subtotal amounts may be made, but not to exceed 10% of each budget category subtotal amount shown above. Adjustments in the line item amounts within the budget categories for Personnel, Staff Expenses, and Other Costs may be made, but not to exceed 20% of each line item amount shown above, subject to the Contract Payment Limit. In order to make such adjustments, Contractor shall submit a written request for approval to County 30 days in advance and may make such adjustments upon approval by County's Nutrition Project Director. Initials: C tractor CounEy Dept. / I `G SPECIAL CONDITIONS Number22 - 033 - 12 In addition to providing services in compliance with Paragraph 17. (Nondiscriminatory Services) of the General Conditions, Contractor further agrees to provide services and maintain employment practices as follows: 1. Requirements Regarding Handicapped Persons. Contractor hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794) , all requirements imposed by the applicable HEW regulations (45 CFR Part 84) , and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor which is funded under this Contract. 2. Equal Opportunity Requirements. Contractor will comply with the provisions of Title VII of the Civil Rights Act of 1964 (42 USC 2000 as amended by the Equal Opportunity Act of March 24, 1972, Public Law No. 92-261) such that it will not discriminate against any individual with respect to his or her compensations, terms, conditions, or privileges of employment; or discriminate in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual' s race, color, religion, sex, or national origin. Initials• A fif C10fitractor County Dept. Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with;Law. Contractor shall be subject to and comply with all Federal, State and local lawsland regulations applicable with respect to its performance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor' s regular business records and such additional records pertaining to this Contract as may be required by the County. ' 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty—day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor' s performance shall be deducted from any sum due the Contractor under this Contract. c. Cessation of Funding._ Notwithstanding Paragraph 5.a. above, in the event that Federal,- State, or other non—County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject. matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. I (A-4616 REV 3/79) —1— Contra Costa County Standard Form GENERAL CONDITIONS (Purchase of Services) 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete and accurate list of its governing body (Board of Directors or Trustees) and to timely update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. ' b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may -be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used, in whole or in part, for religious worship or instruction. - (A-4616 REV 3/79) -2- - -,; Contra Costa County . Standard Form • GENERAL CONDITIONS (Purchase of Services) 18. Indemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability and workers' compensation insurance. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made, c/o Contracts & Grants Unit, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does riot vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue b Taxation Code 4107) , such interest or improvements may represent a possessory interest subject to property tax, , and. Contractor may be subject to the payment, of property, taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code_ 4107.6, and waives all rights to further notice or to damages under that or any comparable statute. (A-4616 REV 3/.79) —3— In the Board of Supervisors i of Contra Costa County, State of California � i January 29 80 In the platter of. Approval for five Nutrition Project Meal Service Contracts (Nutrition Project for the Elderly) The Board on September 25, 1979, having authorized negotiations for certain Nutrition Project contracts for the term from October 1, .1979 through June 30, 1980, and The Board having considered the recommendation of the Director, Health Services Department, regarding approval and execution of five resulting contracts for the provision of Nutrition Project meal services, including congregate meal site management and home meal delivery services, under Title III C of the Older Americans Act, as amended, IT IS BY THE BOARD ORDERED that the below specified contracts are APPROVED and that the Director, Health Services Department is AUTHORIZED to execute, on behalf of the. County, said standard form contracts for the term from. October 1, 1979, through June 30, 1980, as follows: Contract Payment Number Contractor Limit 22-033-12 Home Health and Counseling Services, Inc. $ 49,171 22-107-2 Neighborhood House of North Richmond, Inc. 22,259 22-035-9 United Council of Spanish Speaking Organizations, Inc. 9,685 22-065-2 City of E1 Cerrito (2,182) due to County 22-077-2 Pleasant Hill Recreation and Park District (2,762) due to County PASSED BY THE BOARD on January 29 , 1980. i I hereby certify Ithat the foregoing is a true and correct copy of an order entered on the minutes of said Board of i Supervisors on the date aforesaid. Orig: Health Services Witness my hand and the Seal of the Board of Attn: Contracts & IGrants Unit Supervisors cc: CountylAdministrator affixed this 29th day of January 1980 Auditor-Controller Contractors J. R. OLSSON, Clerk By �..� �Utl���. Deputy Clerk R. J }uhrer H-24 3/79 15M In the Board of Supervisors of Contra Costa County, State of California October 23 19 -74 In the Matter of FY 78-79 Nutrition Project Contract Amendments The Board on May 29, 1979 having authorized negotiations for certain FY 78-79 Nutrition Project contract amendments to make program and budget adjustments in Nutrition Project Food Services, and The Board having considered the recommendations of the Director, Department of Health Services, regarding approval of the resulting contract amendment agreements #22-033-11, #22-107-1, and #22-038-10, all effective May 1, 1979, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute said contract amendment agreements, as follows: #22-033-11 Home Health and Counseling, Inc. #22-107-1 Neighborhood House of North Richmond, Inc. #22-038-10 Contra Costa Foods, Inc. (dba Canteen Corporation) PASSED, BY THE BOARD on October 23, 1979. I I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Health Services Witness my hand and the Seal of the Board of Attn: Contracts 6 Grants Unit Supervisors cc: County Administrator affixed this 23rd day of October i9 79 Auditor-Controller Contractors J. R. OLSSON, Clerk I By �ti , Deputy Clerk R. . 'Fluhrer H-24 3/79 15M 'Contra Costa County • Standard Form I/ CONTRACT AMENDMENT AGREEMENT Number 22 - 033 - 11 1. Identification of Contract to be Amended. Number: 22-033-10 Department: Health Services Subject: Contra Costa County Nutrition Project for the Elderly Meal Service Effective_ Date of Contract: October 1, 1978 2. Parties, The County of Contra Costa, California (County) for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING, INC. Capacity: Nonprofit California corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Amendment Date. The effective date of this Contract Amendment Agreement is May 1, 1979 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Legal Authority. This Contract Amendment Agreement is entered into under and subject to the following legal authorities: 72 USC §3045ff and CFR §909ff and California Government Code Section 53703. 6. Signatures. These signatures attest the parties' agreement hereto. COUNTY OF COl - COSTA, ' CALIFORNIA CONTRACTOR By '- Chairman, Board of Supervisors (Designate official capacity in organi- zation and affix corpora ipg� Attest: J. R. Olsson, County Clerk attach resolution of gov rti W aALTH State of California ) A,12\D By County of Contra Costa ) ss' ,, ._, e �+c E 1� ^�,�-: Deputy CL..a.:� �.r:..�. �d� ACKNOWLEDGEMENT (CC 190;;1)=�•± :- IC The person signing above11lickw1alah(lPril for`�`A nk+or', -- Recommended by Department known to me in those ind 17, 1963 business capacities, perULLaiiy appeared before me today and acknowledged that By he/they signed it and that the corporation Designee or partnership named above executed this instrument pursuant to its bylaws or a resolution of itts board of directors. Form Approved: FORM APPROVED Dated: ,V a 14A7 ontracts AMnisr By y esignee eputy County Clerk (A-4622 REV 8/78) ELIZArET1-1 P. I--l11TC:-11N DEPUTY COU;".TY CL 1\ /�� Contra Costa County, California I i • 0 A: AMENDMENT SPECIFICATIONS Number 22 - 033 - 11 In consideration of County's agreement to increase the number of meals under its Contract 422-038-9 [with Contra Costa Food, Inc. (dba Canteen Corporation)] , Contractor herein agrees to a decrease of $14,709 (from $60,709 to $46,000) in the total amount payable to Contractor under the Payment Limit of the Contract identified herein (#22-033-10). County and Contractor agree, therefore, to amend said Contract effective May 1, 1979, as specified below, while all other parts of the Contract remain unchanged and in full force and effect: 1. Paragraph 4., Payment Limit, is changed to read as follows: "County's total payments to Contractor under this Contract shall not exceed $46,000." 2. Service Plan, Appendix A, Work Program, Paragraph II, Meals Service, subpara- graph A, Congregate Meals, is changed to read as follows: "Serve congregate meals 5 days per week at 13 sites: Approximate Number of Meals Daily: 700 Maple Hall, #1 Alvarado Square, San Pablo, CA 85 Senior Citizen Drop-In Center, 189 Parker Avenue, Rodeo, CA 45 Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA 65 Pittsburg Neighborhood Facility, 2021 Crestview, Pittsburg, CA 55 Concord Senior Center, 2727 Parkside Circle, Concord, CA 40 Casa Serena, 1036 Clearland Drive, West Pittsburg, CA 50 Senior Citizens Drop-In Center, 213 F Street, Antioch, CA 90 Walnut Creek Senior Center, 1650 N. Broadway, Walnut Creek, CA 50 Blue Devils' Club Building, 1441 Meadow Lane, Concord, CA 30 St. Marks Episcopal Church, 800 Pomona Avenue, Crockett, CA 40 Veterans Club, 5218 Sobrante Avenue, E1 Sobrante, CA 65 Marina Community Center, 340 Black Diamond, Pittsburg, CA 45 Veterans Memorial Bldg. , 1st and Mt. Diablo, Lafayette, CA 40 (Sept.) Total meals per day 700 Meal allocation may be changed at the discretion of County's Nutrition Project Director." 3. Service Plan, Appendix B, Budget of Estimated Program Expenditures, is amended by substitution of a new budget which is attached hereto and incorporated herein by reference. Initials• Co ractor County Dept. J3 I BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number 2 2 - 0 3 3 - 11 CONTRACTOR: HOME HEALTH AND COUNSELING SERVICES INC. (10/1/78 - 9/30/79) Budget Categories Federal 1. PERSONNEL Coordinators II $ 15,044 Coordinators I 17,407 Manager/Coordinators 6,923 Site Managers 39,997 Clerk Typist 9,029 Training Time 1,785 Sick Relief and Vacation Relief 32255 Fringe Benefits 11,653 Subtotal $ 105,093 3. RAW FOOD Condiments $ 5,450 4. STAFF Travel $ 5,235 Training 250 Subtotal $ 5,485 5. OTHER COSTS Building Space $ 3,577 Telephone 1,920 Utilities 1,005 Arts, Crafts & Special Events 957 Accounting 4,730 Outside Services - Management 1,500 Office Expense 3,030 Other Supplies - Kitchen 20185 R & M Space - Janitorial 633 Volunteer Expense - Mileage 1,960 Insurance 1,165 Subtotal $ 22,662 GROSS PROGRAM COSTS $ 138,690 Less Project Meal Income $ 81,215 Donations 11,475 Subtotal ($ 92,690) NET CONTRACT COSTS (Contract Payment Limit) $ 46,000 Initials: ; tractor County Dept. l3 CONTRA COSTA COUNTY MEDICA 4 SERVICES Contracts and Grants Unit 651 Pine Street , 8th Floor Martinez, California _ ECEIVED To: M. G. Wingett, County Administrator Date: October ' 6, 1979 Attention: June M. Larson OCT x751979 j. R- OLSSON CLERK BOARD F SUPERVISORS From: Arnold S. Leff, M.D. , Director Subject: THREE FY 78-7 ----De at _ � ` yD PROJECT DMENTS Attached for presentation to the Board of Supervisors are three FY 78-79 Nutrition Project Contract Amendments, as follows: 1. Home Health and Counseling, Inc. #22-033-11 2. Neighborhood House of North Richmond #22-107-1 3. Contra Costa Foods, Inc. #22-038-10 In May it became possible to amend the contracts by transferring funds to direct meal costs (in the food provider contract) out of decreases in the amounts in the site management contracts formerly budgeted for certain admini- stration, personnel, and other miscellaneous costs. A separate cover memo for each amendment is also attached, giving.a brief explanation on each one. The Board authorized negotiations for these, as well as three other nutrition project contract amendments, on May 29, 1979 (copy of .Board Order attached for reference). Final negotiations resulted in moderate adjustments in the pro- posed payment limit changes for the above three contractors and also resulted in the proposed amendments for the other three contractors (United Council of Spanish Speaking Organizations, Inc. , Pleasant Hill Recreation and Park District, and the City of E1 Cerrito) being dropped altogether. The three attached amendments have been approved as to legal form by the County Counsel's Office. The amendments require retroactive approval having been delayed for the following reasons: 1. The amendment requests were originally prepared on 5/3/79, and, after receiving departmental approval on 5/9/79, were forwarded to the Contracts and Grants Unit of the County Administrator's Office. 2. The CAO Contracts and Grants Unit questioned the legality of most of the contract amendments because there seemed to be no consideration to be ;received by the contractors in exchange for the funds being received back by the County through a reduction in the contract payment limit amounts. . An inquiry was sent to County Counsel on June 19, 1979. 3. County I Counsel replied on July 17, 1979 that sufficient precedence existed to support the requested contract amendments (copy of memo attached). A-50 3M 9/77 F M. C. Wingett October 16, 1979 Page 2 4. During the elapsed time, circumstances had changed sufficiently to lessen the severity of necessary budget cuts to service providing contractors and to change the cost centers which required additional funds. The circumstances causing the change are as follows: a. A 10% drop in meal participation (probably due to vacationing). b. The reduction of participant contributions which partially support the program, because of drop in meal participation. C. The impending opening of the Lafayette Nutrition Project site in September 1979. 5. Rather than allowing the contract amendments to be presented to the Board of Supervisors "as is" and then having to put through second amendments to these contracts shortly thereafter, the amendments were rewritten to reflect the current status and needs of the Nutrition Project which required an additional delay of time. Cost adjustments for all contractors were done under the supervision of Ray Servante, the Project Director and Health Services--Public Health designee in handling Nutrition Project operations. Verbal agreements were made with the contractors in late April regarding the necessity and amounts of budget changes. All parties agreed that contract amendments would be dated effective May 1, 1979. It is necessary that these amendments be approved so that the project's federal FY 78-79 contract which ended September 30, 1979 can be closed and final settlement made with the contractors in accordance with the verbal agreements. I, therefore, recommend that the attached contract amendments be approved and submitted to the Board for consideration at their next meeting. I RJP:dg Attachments cc: Dr. Oilyn Wood T. E. Beaudet Ray Servante Elizabeth Hutchins Becky Fluhrer l3 CONTRA COSTA COUNTY MEDICAL SERVICES i Contracts and Grants Unit I Martinez, Califo 651 Pine Street , 8th Floor ( RECEIVED To: M. G. Wingett, County Administrator Date: Octobe 16, 1@DT 0731979 Attention: June M. Larson CLERK BOARD OISSOPE ISORS, C T Sq B ...Kms.... From: Arnold S. Leff, M.D., Director Subject: THREE' FY 78- NUTRITION PROJECT CONTRACT AMENDMENTS Attached for presentation to the Board of Supervisors are three FY 78-79 Nutrition Project Contract Amendments, as follows: 1. Home Health and Counseling, Inc. #22-033-11 2. Neighborhood House of North Richmond #22-107-1 3. Contra Costa Foods, Inc. x:22-038-10 In May it became possible to amend the contracts by transferring funds to direct meal costs (in the food provider contract) out of decreases in the amounts in the site management contracts formerly budgeted for certain admini- stration, personnel, and other miscellaneous costs. A separate cover memo for each amendment is also attached, giving a brief explanation on each one. The Board authorized negotiations for these, as well as three other nutrition project contract amendments, on May 29, 1979 (copy of Board Order attached for reference). Final negotiations resulted in moderate adjustments in the pro- posed payment limit changes for the above three contractors and also resulted in the proposed amendments for the other three contractors (United Council of • Spanish Speaking Organizations, Inc., Pleasant Hill Recreation and Park District, and the City of El Cerrito) being -dropped altogether. The three attached amendments have been approved as to legal form by the County Counsel's Office. The amendments require retroactive approval having been delayed for they following reasons: 1. The amendment requests were originally prepared on 5/3/79, and, after'ireceiving departmental approval on 5/9/79, were for•,rarded to the Contracts and Grants Unit of the County Administrator's . Office. '~ 2. The CAO Contracts .and Grants Unit questioned the legality of most of the contract amendments because there seemed to be no consideration to be lreceived by the contractors in exchange for the funds being receivled back by the County through a reduction in the contract .payment limit amounts. An inquiry was sent to County Counsel on June 19, 1979. I 3. CountylCounsel replied on July 17, 1979 that sufficient precedence existed to support the requested contract amendments (copy of memo attached). M A-50 3M 9/77 I M. C. Winget,t October 16, 1979 Page 2 I 4. Dur I-ng the elapsed time, circumstances had changed sufficiently to lesen the severity of necessary budget cuts to service providing contractors and to change the cost centers which required additional funds. The circumstances causing the change are as follows: a. A 10% drop in meal participation (probably due to vacationing). b. The reduction of participant contributions which partially support the program, because of drop in meal participation. c. The impending opening of the Lafayette Nutrition Project site in September 1979. 5. Rather than allowing the contract amendments to be presented to the Board of Supervisors ".as is" and then having to put through second amendments to these contracts shortly thereafter, the amendments were rewritten to reflect the current status and needs of the Nutrition Project which required an additional delay of time. Cost adjustments for all contractors were done under the supervision of Ray Servante, the Project Director and Health Services--Public Health designee in handling Nutrition Project operations. Verbal agreements were made with the contractors in late April regarding the necessity and amounts of budget . changes. All parties agreed that contract amendments would be dated effective May 1, 1979. It is necessary that these amendments be approved so that the project's federal FY 78-79 contract which ended September 30, 1979 can be closed and final settlement made with the contractors in accordance with the verbal agreements. I, therefore, recommend that the attached contract amendments be approved and submitted to the Board for consideration at their next meeting. RJP:dg Attachments cc: Dr. OrlynlWood T. E. Beaudet Ray Servaate ElizabethllHutchins Becky Fluhrer Y 1 I In the Board of Supervisors of A Contra Costa County, State of California i i , 19 _ In the Matter of FY 78-79 Nutrition Project Contract Amendments The Board on May 29, 1979 having authorized negotiations for certain FY 78-79 Nutrition Project contract amendments to make program and budget adjustments in Nutrition Project Food Services, and The Board having considered the recommendations of the Director, Department of Health Services, regarding approval of the resulting contract amendment agreements #22-033-11, #22-107-1, and #22-038-10, all effective May 1, 1979, IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute said contract amendment agreements, as follows: #22-033-11 Home Health and Counseling, Inc. #22-107-1 Neighborhood House of North Richmond, Inc. #22-038-10 Contra Costa Foods, Inc. (dba Canteen Corporation) PASSED BY THE BOARD on 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig• Health Services Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this day of 19_ Auditor-Controller Contractors J. R. OLSSON, Clerk By Deputy Clerk H-24 3/79 15M LU CONTRA COSTA COUNTY v` JUL l b i9I� MARTINEZ. CALIFORNIA • Date: July 17 , 1979 • O`rrice of County Administrator. To: June Larson, Contracts Administrator Attn: Elizabeth Hutchins, Contracts & Grants Specialist i From: John B. 'Clausen, County Counsel ' By: John M. Mile 0 Deputy aunty Counsel Re: Proposed Amendment� Ib Nutrion Project Contracts Responding to your memorandum of June 19, 1979, we advise that a recital in. a contract that specific consideration has been received is an admission and is prima facie evidence that the specified act or object was the consideration. . (Podesta v. Mehrten [1943] 57 C.A. 2d 66, 71, 134 P.' 2d 38; Cooperative Dairymens ' League v. Hansen [1937] 23 C.A. 2d 493,. 73 P. 2d 627 . ) while such a recital is not conclusive and may be attacked (Evidence Code §622 ; American National Bank v. Sommerville [1923] 191 C. 364 , 369 , 216 P. 376; Lewis v. Mc9hirter Petroleum Co. [1948] 89 C.A. 2d 453, 455, 200 P. 2d 856) , it appears that inclusion of a. clause in the amendment specifications reciting the consideration given by the County for these changes will be sufficient to bring these amendments within the general rule. The following language may be adapted as. appropriate for the parti- cular contract.: "In consideration of County' s agreement to increase the number of meals under Contract No. 22-038-9 (Contra Costa Food Inc . [dba Canteen Corporation] ) , Contractor herein agrees to an increase/decrease of $ in the total amount payable to contractor under the contract payment limit. County and Con- tractor agree, therefore , to further amend said contract, effective May 1, 1979, as specified below, while all other parts of the contract remain unchanged and in full force and effect: " JM:g f f V3 f I • HEALTH DEPARTMENT • Contra Costa County TO: Melvyrn Wingett, County Administrator DATE: October 2, 1979 Attention: June M. Larson FROM: Arnold S. Leff!, M.D. , Director SUBJECT: Nutrition Project Contract Health Services Amendment, Home Health & — Counseling r�c Attached for your agenda to the Board of Supervisors is the following contract amendment request: Number: 22-033-11 Department: Health Services-Public Health Contractor: Home Health & Counseling, Inc. Effective Date of Amendment: May 1, 1979 (term of contract October 1, 1978 through September 30, 1979) Revised Payment Limit: $46,000.00 ($14,709.00 reduction) Funding: Title IIIC of the Older Americans Act (formerly Title VII) Board Order: Negotiations for this amendment were approved by a Board Order dated 5/29/79. Service: Contractor provides Nutrition Project congregate meal site management at 13 locations throughout the County serving an average of 700 meals per day. Reason for Amendment: The purpose of this amendment is to include a revised budget in the basic Home Health & Counseling, Inc. contract for F.Y. 1978-1979. Effective 5/1/79 additional meals were added to the contract and effective September 1; 1979, one additional Nu- trition Project site was added to the contract. The overall .pay- ment limit of the contract was decreased because of contractor approved budget cuts in frill items and personnel costs. These cuts enabled the Nutrition Project to allocate additional meals for the contractor to serve. (The added meals are "legal con- sideration" for the amendment since the payment limit was decreased rather than increased. ) The amendment format has been approved by County Counsel . I am requesting that the Board of Supervisors approve the amendment. I am attaching a separate memo concerning the retroactivity of this and other Nutrition Project contract amendments. I AL:ad I cc: Ray Servante Becky Fluhrer I Bob Proctor I E. Hutchins Attachments GA-9 4/78 4M / • HEALTH DEPARTMENT • Contra Costa County TO: Melvyrn Wingett, County Administrator DATE: October 3, 1979 Attention: June M. Larson I FROM: Arnold. S. Leff, M.D. , Director SUBJECT: Nutrition Project Contract Health Services Amendment, Neighborhood House of North Richmond .=61W Attached for your agenda to the Board of Supervisors is the following contract amendment request: Number: 22-107-1 Department: Health Services-Public Health Contractor: Neighborhood House of North Richmond Effective Date of Amendment: May 1, 1979 (term of contract October 1, 1978 through September 30, 1979) Revised Payment Limit: $22,051.00 ($1,369.00 reduction) Funding: Title IIIC of the Older Americans Act (formerly Title VII) Board Order: Negotiations for this amendment were approved by a Board Order dated 5/29/79. Service: Contractor provides Nutrition Project congregate meal site management at four locations throughout the County serving an average of 175 meals per day. Reason for Amendment: The purpose of this amendment is to include a revised budget in the basic Neighborhood House of N. Richmond, Inc. contract for F.Y. 1978-1979. Effective 5/1/79 additional meals were added to the contract. The overall payment limit of the contract was decreased because of contractor approved budget cuts in frill items and per- sonnei costs. These cuts enabled the Nutrition Project to allocate additional . meals for the contractor to serve. (The added meals are "legal con- sideration" for the amendment since the payment limit was decreased rather than increased. ) The amendment format has been approved by County Counsel . I am requesting that the Board of Supervisors approve the amendment. I am attaching a .separate memo concerning the retroactivity of this and other Nutrition Project contract amendments. AL:ad cc: Ray Servante Becky Fluhrer 1 Bob Proctor E. Hutchins Attachments/ GA-9 4/78 4M HEALTH DEPART14ENT Contra Costa County TO: Melvyrn Wingett, County Administrator DATE: October 2, 1979 Attention : June M. Larson FROM: Arnold S. Le.ff, .M.D. , Director SUBJECT: Nutrition Project Contract Health Services Amendment, Contra Costa Foods, S��? �_�'��' ��----------------- Inc. Attached for your agenda to the Board of Supervisors is the following contract amendment request: Number: 22-038-10 Department: Health Services-Public Health Contractor: Contra Costa Foods, Inc. Effective Date of Amendment: May 1, 1979 (Term of contract: October 1, 1978 through September 30, 1979) Revised Payment Limit: $357,686.00 (an increase of $28,311.00) Funding: Federal-Title IIIC of the Older Americans Act (formerly Title VII) Board Order: Negotiations for this amendment were approved by a Board Order dated 5/29/79 Service: The contractor provides an average of 1,100 meals per day at 22 con- regate meal sites throughout the County. The base meal price was 1.32 on October 1, 1979. Per contract agreement the base price was adjusted at the beginning of each succeeding quarter to reflect the percentage increase in the Dunn & Bradstreet Wholesale Food Price Index. Reason for Amendment: The purpose of this amendment is to include a revised budget in the basic Contra Costa Foods, Inc. contract for F.Y. 1978- 1979. Effective 5/1/79, additional meals were added to the contract and effective 9/1/79 one additional Nutrition Project site was added to the contract. The amendment format for this contract has been approved by County .Counsel . I am requesting that the Board of Supervisors approve the amendment. I am attaching a separate memo concerning the retroactivity of this and other Nutrition Project con- tract amendments. AL:ad cc: Ray Servante Becky Fluhrer Bob Proctor E. Hutchins T. Beaudet I Attachments / GA-9 4/78 4M / 1� f ItI G i}OG1 O1 SUP'(�tJOi� f Con<<c Costa County, Stain OT Caii:o;nia May 29 19 79 Authorization for Contract Negotiations C; e of (Department of Health Services) - r,._,,.., (3 •�7in ;,;�?o' The Board having considered therecommendation of the Director, Depart ment of Health Services, regarding requests. to complete various purchase of service`. :" '; contract documents, and that the contracts will be in conformity with State-aandated .`, restrictions on contract-funded cost-of-living increases on or after July,1 '1.978 IT IS BY -THE BOARD ORDERED that the Director, Department of Health Services, .or his designee, is AUTHORIZED to conduct contract negotiations with prospective contractots, as follows: I. CONTRACTS ?. Contractor Anticipated Maximum (Contract Term or Est.`-Amt Number) Program Services E£f. Dates (Source) Richmond Maxi Center Workshop on Asian Pacific 5/10/79 $ _50 . :,j,!:.' `:..: 024-129) Americans .(one day) (90% Short:-Doyle 10% County ;.. Richard J. Obrochta, Diagnostic assessment and 5/]/79 - $ 960':.. , Ph.D. consultation for children 6/30/79 (85% ShorC-Doyle (424-130) with school-related 15% County.. psychological problems overmatch) ` W. Robert Royeton & - " 5/1/79 $'"i 960 ' Lorraine J. Granit, 6/30/79 (857'Short�l?oyl.e .' partnership, dba 15%-"County'. Vialnut Creep overmatch)'_ Consultation Clinic 1'24-131) Lenore R. McKnight, " 5/1/79 - $ 1,8000 M.D. 6/30/79 (85% Short-Doyle (24-132) 15% County overmatch) Laureri Lo.ughsidge , Consultation technical 5/15/79- x251000 ( - 'r• ) assistance to train 5/14/80 (100; County) (;22-115) para-medics and nurses and to evaluate operations Of the County's Emergency Medical Services Syste_a 13 paoe I of 2 ; /. CZ. � r f II. CONTRACT AMIENDMENTS Contractor Anticipated Maximum (Contract Term or Est. Amt. Number) Program Services Eff. Dates (Source) Home Health and Program and budget adjust- 5/1/79 - $22,036 Counseling, Inc_ ments in Nutri_ion Project 9/30/79 decrease :. (;;=22-033-11) Food Service (No change is - (from $050,709 origaial term, to $38,673): :.- 10/1/78 - 9/30/79)_.:.`:.:_ Neighborhood House " n 31049 of N. Richmond,. Inc. decrease — (#22-107-1) (from $23,420 :.. to $20,3X) United Council of . $ 9,733 Spanish Speaking decrease . Organizations, Inc. : (from $20,693 022-035-9) to $10,960) ell Pleasant Hill Rec. it " $ 674 and Park District decrease in (22-077-2) _ amount paid to County - (from $3.535 to $'2,861)- City of E1 Cerrito - " " $ 13,328 022-065-2) increase iu amount paid to County (from $1;500 to $2,828) Contra Costa Food, Provide 10,145 Inc.. (dba Canteen additional meals/ increase Corporation) catering service (from $3293375 (1#22-038-9) (from 258,300 to to $372;.733) - 208,445 meals) - 100% Federal Title VII Older Americans Act Funds PASSED BY THE BOARD on Fay 29, 1979. 1 hereby certify thol the for-_-doing- is o truz, and correct. copy of an or dar entmred on the minutes of said Board of Supervi3or3 on tha data afare3aid. Orig: Administrator's Office %VJ'n-ss my nand arta tha S-e-o1 of ih�- Board of Attn: Contracts & Crants Unit . Superyi3or3 cc: Health Services affix_%4 tens 29ti acy of May 19 79 Auditor-Controller — //J. R. OLSSG,J, Clerk By. Q G?,, /V-/L, psputy Clark R. J. Fluhrer /�. page 2 of 2 w l In the Board of Supervisors of Contra Costa County, State of California November 28 01978 In the Matter of Approval of Nutrition Project Contract #22-033-10 with Home Health and Counseling, Inc. IT IS BY THE BOARD ORDERED that its Chairman is AUTHORIZED to execute Contract #22-033-10 with Home Health and Counseling, Inc. for Nutrition Project meal service during the Federal fiscal year October 1, 1978 through September 30, 1979, not to exceed $60,709 in Federal Title VII Older Americans Act funds. PASSED BY THE BOARD ON November 28 , 1978 . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Orig: Human Resources Agency Witness my hand and the Seal of the Board of Attn: Contracts & Grants Unit Supervisors cc: County Administrator affixed this28th day of November 1978 County Auditor-Controller County Health Dept. ContractorJ. R. OLSSON, Clerk By Deputy Clerk Karin King H - 24 4/77 15m EH:dg � Contra Costa County 5rtstandard Form • � STANDARD CONTRACT t (Purchase of Services) 1. Contract Identification. Number 22 " 033 - 10 Department: Health Subject: Contra Costa County Nutrition Project for the Elderly Meal Service 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: HOME HEALTH AND COUNSELING, INC. Capacity: Corporation Address: 110 Petticoat Lane, Walnut Creek, California 94596 3. Term. The effective date of this Contract is October 1, 1978 and it terminates September 30, 1979 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 60,709 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor' s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by i' reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa Nutrition Project for the Elderly under Title VII of the Federal Older Americans Act FY 1978/79. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 42 U.S.C. Sections 3045ff and C.F.R. §909ff; and California Government Code 53703. 10. Si natur se signatures attest the parties' agreement hereto: COUNTY COSTA CALIFORNIA CONTRACTOR R.I.Schroder By I y Designee, Board o,f Supervisors (Designate official capacity in organi— Attest: J. R. Olsson, County Clerk zation and affix corporation seal or attach resolution of governing board) By State of California ) ss. Karin King Deputy County of Contra Costa ) ACKNOWLEDGEMENT (CC 1190. 0 Recommended by Department The person signing above for Contractor, known to me in those individual and /Zozv CAA business capacities, personally appeared By /%" before me today and acknowledged that Designee he/they signed it and that the corporation or partnership named above executed this instrument pursuant to its bylaws or a Form Approved FORM APPROVED resolution of its board of directors. HRA Contracts Administrator Dated: ByAl ' e.. ( ^',L(�O e ut County Clerk 3(A-4617 REV 9/78) ELIZABETH P a" 'Tr'' DEPUTY C• . . Cc^irq CJJI Ci CJ Jf�rl/� Cali-fornia t Contra Costa County Standard Form PAYMENT PROVISIONS I (Cost Basis Contracts) 22 - 033 033 Number 1. Payment Basis. County shall in no event pay to the Contractor a sum in excess of the total amount specified in the Payment Limit of this Contract. Subject to the Payment Limit, it is the intent of the parties hereto that the total payment to the Contractor for all services provided for County under this Contract shall be only for costs that are allowable costs (see Paragraph 3. below) and are actually incurred in the performance of Contractor' s obligations under this Contract. 2. Payment Amounts. Subject to later adjustments in total payments in accordance with the, below provisions for Cost Report and Settlement, Audits , and Audit Exceptions, and subject to the Payment Limit of this Contract, County will pay Contractor: [Check one alternative only] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [X] c. An amount equal to Contractor' s allowable costs that are actually incurred each month, but subject to the "Budget of Estimated Program Expenditures" included in the Service Plan. 3. Allowable Costs. Contractor' s allowable costs are only those which are determined in accordance with: [Check one alternative only] [X] a. General Services Administration Federal Management Circular FMC 74-4, Attachment A (Principles For Determining Costs Applicable To Grants and Contracts With State and Local Governments) and Attachment B (Standards For Selected Items of Cost) , and, subject to said Attach- ments Anand B, such other documents (if any) specified in the Service Plan regarding: (1) Principles for determining and allocating the allowable costs of providing those services set forth in the Service Plan, and (2) Standards for determining the allowability of selected items of costs of providing those services set forth in the Service Plan, or [ ] b. Such State regulations and documents as are set forth in the Service Plan regarding accounting guidelines , including standards for determining allowable or non-allowable costs. 4. Payment Demands. Contractor shall submit written demands monthly or as specified in Paragraph 2. (Payment Amounts) above, for payment in accordance with Paragraph 2. (Payment Amounts) above. Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County. Contractor shall submit said demands for payment for services rendered no later than 90 days from the end of the month in which said services are actually rendered. Upon approval of said pay- ment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 2. (Payment Amounts) above. Initials: retractor County Dept. / (A-4618 REV 8/78) -1- [Continued on Reverse Side] Contra Costa County Standard Form , PAYMENT PROVISIONS (Cost Basis Contracts) 5. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 6. Cost Report and Settlement. No later than sixty (60) days following the termination of this Contract, Contractor shall submit to County a cost report in the form required by County, showing the allowable costs that have actually been incurred by Contractor under this Contract. If said cost report shows that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, County will remit any such excess amount to Contractor, but subject to the Payment Limit of this Contract. If said cost report shows that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, Contractor shall remit any such excess amount to County. 7. Audits. The records of the Contractor may be audited by the County, State, or United States government, in addition to any certified cost report or audit required by the Service Plan. Any certified cost report or audit required by the Service Plan shall be submitted to County by Contractor within such period of time as may be expressed by applicable State or Federal regulations, policies or contracts , but in no event later than 18 months from the termination date of this Contract. If such audit(s) show that the payments made by County pursuant to Paragraph 2. (Payment Amounts) above exceed the allowable costs that have actually been incurred by Contractor under this Contract, including any adjustments made pursuant to Paragraph 6. (Cost Report and Settlement) above, then Contractor agrees to pay to County within 30 days of demand by County any such excess amount. If such audit(s) show that the allowable costs that have actually been incurred by Contractor under this Contract exceed the payments made by County pursuant to Paragraph 2. (Payment Amounts) above, including any adjustments made pur- suant to Paragraph 6. (Cost Report and Settlement) above, then County agrees to pay to Contractor any such excess amount, but subject to the Payment Limit of this Contract. 8. Audit Exceptions. In addition to its obligations under Paragraph 7. (Audits) above, Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County' s liability, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor' s failure to perform properly any of its obligations under this Contract. (A-4618 REV 8/78) -2- SERVICE PLAN 22 - 033 - lo Number I I Service Provisions HOME HEALTH AND COUNSELING, INC. , hereinafter referred to as Contractor, shall serve nutritionally balanced meals in a comfortable, congenial atmosphere and provide supportive social services pursuant to County approved program schedules for the County Nutrition Project for the Elderly, daily on every Monday through Friday, during the period of this Contract, excepting those days that are I national holidays. Contractor shall be subject to specifications relevant to its performance included I in the Application and Approval Documents under Title VII of the Older Americans Act which is incorporated herein by reference. Contractor shall, be subject to and comply with the work program, attached hereto which is incorporated by reference as Appendix A. Contractor shall provide meals for service under this Contract from food caterer or caterers designated by the County in writing. Contractor shall solicit support from local agencies, clubs, groups and individuals in an attempt to integrate the Nutrition Program into the community. Contractor will place primary emphasis on reaching those isolated individuals who, because of limited financial resources, are unable to prepare for themselves well-balanced, nutritious meals. As vacancies occur in the meals program, staff shall attempt to fill these openings with persons that meet the above criteria rather than on a first come, first served basis. A registration system and waiting list will be used to insure maximum utilization of the Program by persons described above. Supportive services specified in Appendix A may be utilized by persons unable to participate in the meals program. Payment for Service "The Budget of Estimated Program Expenditures" referred to in the Payment Provisions is incorporated herein by reference as Appendix B. The monthly payment for reimbur- sable expenditures to Contractor referred to in the Payment Provisions will be less the amount of income collected for meals during said month, which will be deducted from total Contractor expenses in arriving at the net amount due. A separate checking account (Income Account) will be established by the Contractor which will be apart from any other Contractor accounts, in which shall be deposited all payments for meals received from participants. The Income Account will be used only to transfer funds to the Contractor's General Account. Other than cash disbursements from any Petty Cash fund, all of Contractor's project disbursements will be by check, drawn upon the Contractor's General Account or any special account specifically for this project. All disbursements from the Contractor's General Account for the Nutrition Project shall be clearly identified as such. Initials: 6�0fAl Oont-ractor County Dept. I �I APPENDIX A WORK PROGRAM c� Number 2 2 � O 3 3 — I I. ADMINISTRATION Contractor agrees to: A. Staff j 1. Recruit, hire and train paid and volunteer staff as needed and budgeted to provide administration, meal service and supportive services. Contractor's job descriptions for its staff must include those duties and responsibilities listed in the job descriptions submitted as part of the County grant application to the State Office on Aging. 2. Supervise staff in the carrying out of those activities as defined in ITitle VII of the Older Americans Act and as specified herein and ensure that parti- cipants are treated courteously and warmly. 3. Facilitate and coordinate activities with county-assigned staff within the project. B. Program Planning 1. Participate with the County in program planning and financial exploration. C. Records 1. Maintain records of participants and operation, which shall be open to inspection by authorized representatives of the County, State and Federal Governments, using forms required by County. 2. Keep books on all expenditures and income related to the project. Maintain Cash Disbursements, Payroll and In-Kind Resources Journals. 3. Provide the County with program and financial reports as requested. These include„but are not limited to: Weekly Report of participant characteristics and number of meals served (due Thursday afternoon); Monthly Narrative Report (due 5th of the following month); monthly financial report (due 5th of the following month); and annual program and financial report (due 10 days after the end of the project year). ; II. MEALS SERVICE A. Congregate Meals. Serve congregate meals 5 days per week at 12 site(s): Number of Meals Daily 675 i i Kidd Manor Senior Citizens Center, #I .Alvarado.Square 85 San Pablo, CA Senior Citizen Drop-In Center, 189 Parker Avenue !+ Rodeo, California Hacienda Senior Citizens, 1111 Ferry Street, Martinez, CA 60 Concord Senior Center, 2727 Parkside Circle, Concord, CA 50 Casa Serena, 1000 Clearland Drive, West Pittsburg, CA 45 Antioch Senior Citizens Drop-in Center, 213 '"F" Street, 80 Antioch, CA Walnut Festival Building, 1650 N. Broadway, Walnut Creek, CA 5'5' (Pittsburg Neighborhood Facility, 2021 Crestview Street 65 Pittsburg, CA Blue Devils Club Building, 1441 Meadow Lane, Concord, CA 40 St. Mark's Episcopal Parish Hall, Pomona Ave. , Crockett, CA 40 ' Veterans Club, 5216 Sobrante Ave. , El Sobrante, CA 60 340 Black Diamond, Pittsburg, CA 50 Total 675 Initials: C tractor County Dept. /� -1- APPENDIX A WORK PROGRAM Number 22 - 033 - 10 Meals may be reassigned by the Project Director to any other County Nutrition Site dependent on the success of Outreach efforts and the established need. B. Home Delivered Contractor will not deliver more than 10% of total meals to participants' homes. Participants are eligible to home-delivered meals only when they are regular participants at a congregate meal site and are temporarily ill or incapacitated. Contractor shall complete and keep on file form #NP-29 Congregate Waiver for each participant receiving a home-delivered meal. C. Staffing, Use staff (as budgeted in Appendix B) and volunteers primarily for the delivery of meal service and secondarily for provision of supportive services (III A). Staff and volunteers will be permanently or temporarily reassigned to meal service whenever necessary and appropriate. D. Meal Delivery 1. Order meals from food caterer designated by County with 72 hours notice and will accept delivery of meals at the site designated. 2. Insulated food containers provided by the County shall be assigned to the Contractor. Contractor shall thoroughly clean food containers after meals and prepare them for pickup by the food caterer for his use in preparing for the next delivery to the Contractor. 3. Certify the number of meals and acceptability of the food supplied by the food caterer using form #NP-35, MENU. This form will be submitted to County each Friday afternoon and cover food service for Monday through Friday for that week. 4. Maintain a close working relationship with the food caterer and County Nutritionist, including coordination of food service training of the Contractor's staff and volunteers by the food caterer and County Nutritionist. III. SUPPORTIVE SERVICES A. Contractor agrees to provide the following supportive services in conjunction with meal service subject to direction of County: 1. Outreach 2. Recreation 3. Escort 4. Transportation 5. Food shopping assistance B. Contractor agrees to provide time and place for the following services to be offered by County-assigned staff: 1. Nutrition education 2. Information and Referral 3. Health and Welfare counseling IV. SITE COUNCILS Contractor will continue to develop and staff a site council for each site; at least 51% of the site council membership to consist of persons receiving meal services. Site Councils shall meet once monthly and follow the guidelines established and stated in the Project Council ByLaws, which is incorporated herein by reference. Minutes of Site Council meetings shall be forwarded to the Project Director by the last day of each month. Contractor shall also appoint non-participants who are knowledgeable of the needs of the elderly and/or active in senior affairs, not to exceed 49% of the total site council membership. Contractor's staff shall attend all County Project Council meetings. Initials: `L*ont-ractor County Dept. /3 -2- I _ BUDGET OF ESTIMATED PROGRAM EXPENDITURES Number 2 2 - 0 3 3 - 1 0 SUBCONTRACTOR: HOME HEALTH AND COUNSELING SERVICES INC. Budget Categories Federal 1. PERSONNEL Coordinators II $ 15,044 Coordinators I 17,276 :-Manager/Coordinators 6,870 Site Managers 429975 Aide -0- Clerk Typist 9,029 Training Time 895 Sick Relief 12098 Vacation Relief 2,578 Fringe Benefits 13,068 Subtotal $ 108,833 3. RAW FOOD Condiments $ 61080 Subtotal $ 6,080 4. STAFF Travel $ 3,102 Training 302 Subtotal $ 32404 5. OTHER COSTS Rent--Office $ 1,878 -Sites 19260 Maintenance--Vehicles 100 Insurance 19150 Supplies--Office 2,570 --Kitchen 2,080 Utilities--Office 252 --Sites - 612 Telephone 2,800 Vehicle Operation 100 Janitorial Services--Office 190 --Sites 420 Accounting 4,730 Management 1,500 Participant Transportation 3,200 Special Events. 1,600 Subtotal $ 24,442 SUMMARY 1. Personnel 108,833 2. Raw Food 6,080 3. Staff Travel and Training 39404 4. Other Costs 24,442 Total Costs $142,759 Less Project Income $ 72,450 Donations 9,600 82,050 NET CONTRACT COSTS $ 60,709 Initials: ntractor County Dept. l3 SPECIAL CONDITIONS 2 2 9 �y q Numbe,2 a ® J 3 ® j 1. General Conditions Modification. The General Conditions, Paragraph 8, Modifications and Amendments, is amended by addition of the following paragraph. "c. Budgetary Amendments. Adjustments between budget category amounts and each category line item may be made, up to an amount not to exceed 10% of the total category line item amount, subject to the contract payment limit. The Contractor must request such change in writing 30 days in advance, and the change must be approved by the Project Director." 2. Restriction Against Cost-of-Living Increases. No funds received by Contractor under this Contract may be used to provide a cost-of-living increase in the 1978-79 fiscal year (July 1, 1978 through June 30, 1979) for any individuals (including, but not limited to, Contractor's employees or subcontractors), except as may be expressly permitted by California Government Code 16280. Contractor certifies its compliance with this provision. 3. Cost-of-Living Increase. In the event that a cost-of-living increase for the 1978-79 fiscal year is provided for employees of the State of California, and if permitted under Government Code 416280, the parties may agree to a cost-of-living increase payable to Contractor and amend this Contract accordingly. Initials: JCtractor County Dept. 11 I I Contra Costa County . "tandard Fnrir , GENERAL CONDITIONS I (Purchase of Services) 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County. 11. Conformance with Federal and State Regulations. Should Federal or State regulations touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be amended to assure conformance with such Federal or .State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions hereof. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County' Administratir or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor promises and attests that the Contractor and any members of its governing body shall avoid any actual or potential conflicts of interest. If Contractor is a corporation, Contractor agrees to furnish to the County upon demand a valid copy of its most recently adopted bylaws and also a complete a` accurate list of its governing body (Board of Directors or Trustees) and to time-__7 update said bylaws or the list of its governing body as changes in such governance occur. 16. Confidentiality. Contractor agrees to comply and to require its employees to comply with all applicable State or Federal statutes or regulations respecting confi- dentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the ' administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a wisdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, and that none shall be used in whole or in part, for religious worship or instruction. (A-4616 REV 6/76) -2- "' .Contra Costa County • Standard Form GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance hereunder, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. 4. Retention of Records. The Contractor and County agree to retain all documents pertaining to this Contract for three years from the date of submission of Contractor's final payment demand or final Cost Report (whichever is later) under this Contract, and until all Federal/State audits are complete and exceptions resolved for the funding period covered by this Contract or for such further period as may be required by law. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. 5. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, or cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to,monitoring, auditing, billing, or regulatory changes, may be developed and set forth in a written Informal Agreement entered between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. i b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. /_3 (A-4616 REV 6/76) -1- Contra Costa County Standard Form I GENERAL CONDITIONS (Purchase of Services) 18. Indemnification. The Contractor shall defend, save harmless and indemnify the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned auto- mobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or disease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occurrence. b. Workers' Compensation. The Contractor shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. C. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the Contractor' s insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made, c/o Contracts & Grants Unit, Human Resources Agency, 651 Pine Street, Martinez, California 94553. Notices to the Contractor shall be addressed to the Contractor' s address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code 4107) , such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes Levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code 4107. 6, and waives all rights to further notice or to damages under that or any comparable statute. n (( A-4616 REV 2/78) -3-