HomeMy WebLinkAboutMINUTES - 12071993 - 1.116 TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director19
� Contra
By: Elizabeth A. Spooner, Contracts Administr_a Costa
DATE: November 8, 1993 County
SUBJECT: Approval of Novation Contract #29-335-7 with the City of. E1 Cerrito
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute
on behalf of the County, Novation Contract #29-335-7 with the City
of El Cerrito for the period from July 1, 1993 through June 30,
1994 for provision of congregate meal services for the Senior
Nutrition Program. This document includes provision for an
automatic three-month extension through September 30, 1994 .
II. FINANCIAL IMPACT:
No County cost is included.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
On September 22, 1992 , the Board approved Novation Contract 29-335-
6 with the City of E1 Cerrito for congregate meal services for the
Senior Nutrition Program. Novation Contract #29-335-7 continues
this service for the next fiscal year. This program provides an
average of 50 meals per day, five days per week, for senior
citizens in El Cerrito.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DA ION OF BOAR COMMITTEE
APPROVE OTHER
SIGNATURE(S) .
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Wendel Bremner, M.D. (313-6712)
CC: Health Services (Contracts) ATTESTED ,
Risk Management Phil Batchelor,Clerk of the Board of .
Auditor-Controller Supervisors and County Administrator.
Contractor
M3e2/7-e8 BY DEPUTY
Contra Costa County I, � � Standard Nutrition Form
CONTRACT
(Novation)
1. Contract Identification. Number 29-335-7
Department: Health Services - Public Health Division
Subject: Congregate Meal Services for the Contra Costa County
Nutrition Program
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: CITY OF EL CERRITO
Capacity: Municipal corporation of the State of California
Address: 10890 San Pablo Avenue, E1 Cerrito, California 94530
3. Term. The effective date of this Contract is July 1. 1993 and it terminates
June 30. 1994 unless sooner terminated as provided herein.
4. Payment. Contractor shall pay County the net project income which is received by
Contractor from participants after adjustment for allowable costs specified in the
attached Budget of Program Expenditures, which is incorporated herein by reference.
5. Service Obligations. Contractor and County shall provide those services and carry out
that work described in the attached Service Plan which is incorporated herein by
reference, subject to all the terms and conditions contained or incorporated herein.
6. 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.
7. Pro ect. 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 for the Senior Nutrition Project between Social Service Department and Health
Services Department.
8. Legal Authority. This Contract is entered into under and subject to the following
legal authorities: California Government Code Sections 26227 and 31000.
9. Signatures. These signatures attest the parties, agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
ATTEST: Phil Batchelor, Clerk of the Board
BOARD OF SUPERVISOR 1,01k
of Supervisors and County Administrator
B S-1 By
Chairman/Designee D y
CONTRAC R
By By
(Designate business capacity A) (Design to busines capacity B)
Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be
that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section
1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two.
Contra Costa County
APPROVALS/ACKNOWLEDGEMENT
Number 29-335-7
APPROVALS
RECT BY DEPARTMENT FORM APPROVED
By By C-(
De igne
APPROVED: COUNTY ADMINISTRATOR
By /cJ
ACKNOWLEDGEMENT
State of California ACKNOWLEDGEMENT (By Corporation,
Partnership, or Individual)
County of
The person(s) signing above for Contractor, 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 bylaws or a
resolution of its board of directors.
Dated:
[Notarial Seal]
=Clerk
Deput unty Clerk
o
-2-
SERVICE PLAN
Number 29-335-7
I. SCOPE OF SERVICES. Contractor shall work cooperatively with the Health Services
Director or his designees to provide congregate meal services for County's Senior Nutrition
Program. Contractor shall serve, in a comfortable, congenial atmosphere, meals prepared by
the food caterer, or caterers, which have been designated in writing by County, and schedule
and coordinate supportive social services pursuant to County-approved program schedules for
County's Senior Nutrition Program. Contractor shall provide labor, supplies and equipment
necessary to serve an approximate daily average of 50 congregate meals, five days per week,
at the E1 Cerrito Open House, 6500 Stockton Street, El Cerrito, California, in accordance
with the Work Program, which is on file in the office of the Senior Nutrition Program, and
which is incorporated herein by reference.
II. GENERAL PROVISIONS.
A. Serving Days. Contractor shall provide congregate meal services at the E1 Cerrito
Open House, each Monday through Friday, during the term of this Contract, except for the
following designated holidays:
Independence Day------------ Observed Monday, July 5, 1993
Labor Day------------------- Monday, September 7, 1993
Columbus Day---------------- Observed Monday, October 11, 1993
Veteran's Day--------------- Monday, November 12, 1993
Thanksgiving Day------------ Thursday, November 26, 1993.
Day after Thanksgiving------ Friday, November 27, 1993
Christmas Day--------------- Observed Friday, December 24, 1993
New Year's Day-------------- Observed Friday, December 31, 1993
Martin Luther King Jr. Day-- Monday, January 17, 1994
Presidents Day-------------- Monday, February 14, 1994
Memorial Day---------------- Monday, May 30, 1994
B. Specifications for Congregate Meal Services. Contractor shall comply with those
specifications relevant to its performance which are included in the Application and Approval
Documents set forth in Agreement Paragraph 7. (Project) under Title III-C(1) of the Older
Americans Act which is incorporated herein by reference.
C. Outside Support. Contractor shall solicit support from local agencies, clubs,
groups and individuals in an attempt to integrate the County's Senior Nutrition Program into
the community.
D. Service to Isolated Persons. Contractor will place primary emphasis on reaching
those isolated persons who, because of limited financial resources, are unable to prepare
well-balanced, nutritious meals for themselves. 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. Contractor shall use a registration system and
waiting list to insure maximum utilization of the Program by persons described above.
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SERVICE PLAN
Number 29-335-7
E. Outreach Information and Referrals. Contractor shall operate in cooperation with
local Home-Delivered Meals Providers, sharing outreach information and referring potential
participants.
F. Voluntary Contributions. Contractor shall afford senior citizen program
participants and their accompanying non-senior spouses the opportunity to voluntarily and
confidentially contribute towards the cost of their meals, based on the suggested
contribution rate established by the Senior Nutrition Program Advisory Council. No senior
citizen shall be individually coerced to contribute, nor shall they be refused service for
failure to contribute towards the cost of their meals. All non-seniors consuming a Senior
Nutrition Program meal, other than accompanying non-senior spouses, are required to pay for
their meals at a rate set by the Program Advisory Council which closely approximates the
direct cost per meal.
G. County's Obligations.
(1) County shall, at County expense, arrange to have meals, in sufficient
quantity and quality to meet Contractor's obligations under this Agreement, prepared and
delivered to the Nutrition Site specified in Paragraph I. (Scope of Services) , above.
(2) County shall loan to Contractor the necessary dinnerware, utensils and
food service equipment needed to meet its obligations under this Agreement.
(3) County shall provide Contractor with supportive services needed to meet
its commitments specified in the Work Program (which is on file in the office of the Senior
Nutrition Program) , such as nutrition training for staff and participants, referral and
information services, and consumerism.
H. Payment for Service. In consideration for meals received from County for use in the
Nutrition Program hereunder, Contractor shall pay to County monthly (for its Senior Nutrition
Program) the net Project income which is received by Contractor from participants, after
adjustment for the allowable costs specified in the attached "Budget of Estimated Program
Expenditures". Contractor's only allowable costs are those which are determined in
accordance with General Services Administration Federal Management Circular FMC 74-4,
(Principles For Determining Costs Applicable to Grants and Contracts With State and Local
Governments) , and (Standards For Selected items of Cost) ; and subject to said documents, such
other documents (if any) specified in the Service Plan regarding (i) principles for
determining and allocating the allowable costs of providing those services set forth in the
Service Plan, and (ii) standards for determining the allowability of selected items of costs
of providing those services set forth in the Service Plan.
I. Income Account. A separate account (Income Account) shall 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 the total undeposited income exceeds $100. The Income Account will be used
solely to transfer funds to County's Senior Nutrition Program, not less than once each month.
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BUDGET OF ESTIMATED PROGRAM EXPENDITURES
(July 1, 1993 - June 30, 1994)
Number 29-335-7
A. BUDGET CATEGORIES.
1. PERSONNEL:
Salary and Wages $11,621
Fringe Benefits 1.428
Subtotal $ 13,049
2. FOOD COSTS: Condiments 40
3. STAFF EXPENSES - TRAVEL 50
4. OTHER COSTS:
Office Expense 0
Kitchen Supplies 150
Volunteer Expenses 0
Subtotal 150
TOTAL PROJECT COSTS $ 13,289
B. PROJECT INCOME.
PROJECT MEAL INCOME $ 17,674
LESS PROJECT COSTS ( 13.289)
NET PROJECT INCOME (Payable to County) $ 4.385
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ntractor County Dot.
SPECIAL CONDITIONS
Number 29-335-7
1. Novation. The parties having entered into a prior 12-month Contract #29-335-6 for the
period July 1, 1992 through June 30, 1993 (which contained provision for an automatic three-
month extension for the period from June 30, 1993 through September 30, 1993) , County and
Contractor hereby agree to substitute this 1993-94 fiscal year Contract for the aforesaid
three-month automatic contract extension. Effective July 1, 1993 all contract rights and
obligations of the parties will be governed by this 1993-94 fiscal year Contract #29-335-7.
2. Cost Report and Settlement. No later than July 31, 1994, or 30 days following the
termination of this Contract, whichever comes first, Contractor shall prepare and submit to
County a cost report in the form and manner prescribed by County, showing the allowable costs
which have actually been incurred by Contractor, actual Project income, and payment to County
under this Contract. If said cost report shows that the allowable costs which have actually
been incurred by Contractor under this Contract exceed the payments made to County pursuant
to Paragraph II. , H. (Payment for Services) of the Service Plan, County will remit any such
excess amount to Contractor, but not to exceed the total net Project income which has been
paid by Contractor to County pursuant to Paragraph II. , H. (Payment for Services) of the
Service Plan.
3. 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 any Project income balance
remaining after adjustment for allowable costs including any adjustments made pursuant to
Paragraph 2. (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 to County pursuant to Paragraph II. , H. (Payment for Services) of the Service
Plan, including any adjustments made pursuant to Paragraph 2. (Cost Report and Settlement)
above, then County agrees to pay Contractor any such excess amount, but not to exceed the
total net Project income which has been paid by Contractor to County pursuant to Paragraph
II. , H. (Payment for Services) of the Service Plan.
4. Audit Exceptions. In addition to its obligations under Paragraph 3. (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.
5. Automatic Contract Extension. Notwithstanding Paragraph 3. (Term) of this Contract,
unless this Contract is terminated by either party pursuant to Paragraph 5. (Termination) of
the General Conditions prior to June 30, 1994, and subject to continued program funding and
approval by the County's Nutrition Program Director, the term of this Contract shall be
automatically extended from June 30, 1994 through September 30, 1994. As to its extended
term, this Contract is nevertheless subject to all the terms and conditions applicable during
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SPECIAL CONDITIONS
Number 29-335-7
its initial term, including but not limited to General Conditions Paragraph 5. (Termination) ,
except as to payment for services rendered during the extended term. The purpose of this
automatic three-month 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, and
seek State approval of such budget, if necessary or appropriate, and complete a novation or
renewal contract for Contractor and County Board of Supervisors approval. As to any such
three-month extension:
a. 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/or
Special Conditions) and line item budget amounts (set forth in the Budget of Estimated
Program Expenditures) shall be prorated for the three-month period.
b. In addition to the cost report specified in Paragraph 2. (Cost Report and Settlement)
of these Special Conditions, no later than October 31, 1994, or. as otherwise may be
prescribed by County, Contractor shall also submit to County, an extension period cost report
as described in Paragraph 2. (Cost Report and Settlement) above, covering the period of this
three-month extension. County and Contractor shall follow the cost report and settlement
procedures set forth in Paragraph 2. (Cost Report and Settlement) above.
c. 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 Fiscal Year 1994-95, in accordance with Contra Costa County's current revision of the
Contra Costa County Senior Nutrition Program Annual Plan and Budget for 1994-95.
6. Confidentiality. Paragraph 16. (Confidentiality) of the General Conditions is hereby
modified to read as follows:
"16. Confidentiality. Contractor agrees to comply and to require its officers,
partners, associates, agents and 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.
c. Contractor shall protect from unauthorized disclosure names and other identifying
information concerning persons receiving services pursuant to this Contract, except for
statistical information not identifying any participant.
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SPECIAL CONDITIONS
Number 29-335-7
d. Contractor shall not use such identifying information for any purpose other than
carrying out the Contractor's obligations under this Contract.
e. Contractor shall promptly transmit to County all requests for disclosure of such
identifying information not authorized by the participant.
f. Contractor shall not disclose, except as otherwise specifically permitted by this
Contract or authorized by the participant, any such identifying information to anyone other
than the County without prior written authorization from County.
g. Contractor may allow participants to authorize the release of information to
specific entities, but shall not request or encourage any participant to give a blanket
authorization or sign a blank release, nor shall Contractor accept such from any participant.
h. For the purposes of this Paragraph, identity shall include, but not be limited
to, name, identifying number, symbol or other identifying characteristic assigned to the
individual, such as finger or voice print or a photograph."
7. Indemnification. Paragraph 18. (Indemnification) of the General Conditions is hereby
modified to read as follows:
"18. Indemnification. The Contractor shall defend, indemnify, save and hold harmless
the County and the State of California and their officers and employees from any and all
claims, costs and liability for any damages, sickness, death, or injury to person(s) or
property, including without limitation all consequential damages, from any cause whatsoever
arising directly or indirectly from or connected with the operations or services of the
Contractor or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct of the
County or its officers or employees. Contractor will make good to and reimburse the County
for any expenditures, including reasonable attorneys fees, the County may make by reason of
such matters and, if requested by the County will defend any such suits at the sole cost and
expense of the Contractor. "
8. Protection of Property and Equipment. Throughout the term of this Contract, and any
modification or extension thereof, Contractor shall:
a. Cooperate with County in tagging and appropriately identifying all program property
and equipment loaned by County for use by Contractor or acquired with Contract funds.
b. Establish a property management control system to ensure adequate safeguards to
prevent loss, theft, or damage to property, and maintain all equipment in good working repair
at all times.
c. Investigate, fully document, and immediately report to appropriate police agencies
and, within two days, to County, any loss, theft, or damage to property and equipment.
Contractor shall repair or replace all such items within 60 days with items of comparable
quality and value.
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SPECIAL CONDITIONS
Number 29-335-7
d. Maintain accurate records of all equipment and other such property loaned by County
for use by Contractor or acquired with Contract funds, including property description,
identification numbers, acquisition date and cost, source, location, use, condition, and
disposition.
The County reserves the right to require Contractor to transfer such property to another
Nutrition Program facility, or to return the property to County, as determined by the County
to be appropriate.
9. Monitoring. Assessment and Evaluation.
a. Authorized County, State and/or Federal representatives shall have the right to
monitor, assess and evaluate Contractor's performance pursuant to this Contract. Said
monitoring, assessment and evaluation may include, but is not limited to, audits, inspections
of project premises, inspection of food preparation sites as appropriate, and interviews of
project staff and participants.
b. Contractor shall cooperate with the County in the monitoring, assessment and
evaluation processes.
10. Records. In addition to providing service in accordance with Paragraph 3. (Records) of
the General Conditions, Contractor further agrees that in the event of any litigation, claim,
negotiation, audit exception, or other action involving the records, all records relative to
such action shall be maintained and kept available until every action has been cleared to the
satisfaction of the State and has been so stated in writing to the Contractor.
11. Donations. If there is an increase in Title III-C(1) or C(2) , whichever is applicable
to this Contract,.. 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, at 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
any 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.
12. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa
County publicly endorse or oppose the use of any particular brand name or commercial product
without the prior approval of the Board of Supervisors. In its County contractor capacity,
Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely-accepted
scientific basis for such claims or without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not participate or appear in any
commercially-produced advertisements designed to promote a particular brand name or
commercial product, even if Contractor is not publicly endorsing a product, as long as the
Contractor's presence in the advertisement. can reasonably be interpreted as an endorsement
of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,
Contractor may express its views on products to other contractors, the Board of Supervisors,
County officers, or others who may be authorized by the Board of Supervisors or by law to
receive such views.
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-Conti Costa County Standard Form 1/87
GENERAL CONDMONS
(Purchase of Services)
1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and Iocal
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, including nondiscrimination.
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.
a. Retention of Records. The Contractor shall retain all documents pertaining 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.
b. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v)(1)
of the Social Security 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 subcontract 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 subcontract, the subcontractor shall make available, to the County, 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 thereunder.
This special condition is in addition to any and all other terms regarding the maintenance or retention
of records under this Contract and is binding on the heirs, successors, assigns and representatives of
Contractor.
4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include
in all 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.
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