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HomeMy WebLinkAboutCS Congregate Meal Program; County of Marin 2014c►Tr oFo� Agenda Item No: 3. e Meeting Date: October 6, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Services Prepared by: Carlene McCart, Director City Manager Approva SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ENTER INTO, AND AUTHORIZE, THE COMMUNITY SERVICES DIRECTOR TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH THE COUNTY OF MARIN TO PROVIDE A CONGREGATE MEAL PROGRAM AT ALBERT J. BORO COMMUNITY CENTER RECOMMENDATION: Approve Resolution BACKGROUND: The City has received funding support for senior adult programming from the County of Marin, Marin County Area on Aging since 2008. Originally the contract was approximately $25,000 and supported general senior programming provided by the City of San Rafael and the Goldenaires Senior Club. Reductions in Federal and State allocation for aging services resulted in the Contract now addressing only the multicultural senior adult activities currently offered by the City. On August 18 the City Council approved a Professional Services contract with the County to provide multi cultural senior adult activities at Albert J. Boro Community Center for FY 2014. The contract provides the City with $8,332 for programs that Community Services staff and Whistlestop personnel provide. The County now requests the City to provide a congregate meal site at Boro Center as compliment the programming previously approved. ANALYSIS: The Community Services Department conducts activities for senior adults at the Albert J. Boro Community Center every other Wednesday. Activities include exercise classes, speakers, music, picnics, games, dancing, crafts and topical discussions. Attendance ranges from 25-50 seniors per week. Primarily Hispanic, participants from the Vietnamese community, as well as individuals from European countries are in regular attendance. The Congregate Meal Program would supplement the program with free hot lunch meals at each Wednesday meeting for persons 60 years and older as a means to promote good nutrition and socialization, along with health education and nutrition risk screening. Spouses and family FOR CITY CLERK ONLY File No.: 4—/0 Council Meeting: IV&P014 Disposition: 1rV / SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paze: 2 attendants may avail themselves of meal service at no charge others are asked to donate at a very low suggested rate. This contract calls for the service of 630 meals over the next nine months. Food providers are contracted separately. The City obligation is for the provision of facility, volunteers to run the program and serve the meals, participation data, collect of donations, distribution of program information and to make outreach into the community regarding congregate meals. The City provides a similar program at the San Rafael Community Center. FISCAL IMPACT: Funding for the services outlined in the Contract will be $10,031 which will be recorded in the Recreation Division, Community Services Fund and appropriated in Fiscal Year 2014-15. OPTIONS: 1. Approve the Contract and continue the services 2. Reject the Contract and conclude the services ACTION REQUIRED: Approve Resolution Accepting and Authorizing the Community Services Director to Execute a Professional Services Contract between the City and the County of Marin for Funding to Provide a Congregate Meal Program at the Albert J. Boro Community Center. Encls. A. Resolution B.°-XHIBIT A- Scope of Services RESOLUTION NO. 13814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ENTER INTO, AND AUTHORIZE, THE COMMUNITY SERVICES DIRECTOR TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH THE COUNTY OF MARIN TO PROVIDE A CONGREGATE MEAL PROGRAM AT ALBERT J. BORO COMMUNITY CENTER WHEREAS, the County of Marin desires to retain professional services to provide multi cultural congregate meal service for senior adults at the Albert J. Boro Community Center; and WHEREAS, the City of San Rafael Community Services Department provides such services; and WHEREAS, the City of San Rafael Community Services Department has contracted with the County of Marin, Department of Health and Human Services, Division of Social Services, Aging & Adult Services in the past to provide social, recreation, nutritional, fitness and education activities for senior adults at the Albert J. Boro Community Center; and WHEREAS, the County of Marin, in exchange for said services will pay the City $10,031 for the nine-month term of the Professional Services contract; and WHEREAS, there are sufficient resources from the proceeds of the Professional Services Contract to provide said services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: To enter into, and authorize the Community Services Director to execute a Contract for Professional Services with the County of Marin to provide multi cultural congregate meal service for senior adults at the Albert J. Boro Community Center and appropriate $10,031 from the proceeds of the Contract in the Recreation Division, Community Services fund to support the services provided. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 6"' of October 2014 by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers None "E f e, , ."Z'_e Esther C. Beirne, City Clerk EXHIBIT "A" MARIN COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES DIVISION OF SOCIAL SERVICES AGING AND ADULT SERVICES SCOPE OF SERVICES July 1, 2014 - June 30, 2015 1. Provider: City of San Rafael 2. Program Name: Congregate Meal Program 3. Program Goal: To maintain or improve the physical, psychological, and social well-being of older persons in Marin County through appropriate nutrition services along with enrichment activities for a diverse group of older adults. 4. Performance Objectives: • At least 80% of clients will report "high" to "very high" satisfaction with the program. • At least 50% of clients will report improvements in their well-being as a result of participating in the congregate nutrition program. 5. Program Definition: Congregate nutrition services are provided to older persons 60 years and older in strategically located group settings and consist of procurement, preparation, and service of meals, as well as nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. Persons eligible for reimbursement are: persons over the age of 60; spouse of a person over the age of 60; persons with a disability under age 60 who resides at home with and accompanies an older individual participating in the program. Multicultural Senior Center Activities are designed to enable older individuals to attain and/or maintain physical and mental well-being such as recreation, music, creative arts, physical activity, education, leadership development and other supportive services not covered under other service categories. This includes the development and provision of new volunteer opportunities and services and the creation of additional services and programs to remedy gaps and deficiencies in existing services. Entertainment costs such as tickets to shows or sporting events, meals, lodging, rentals, transportation and gratuities are not allowable. 6. Minimum Units of Service Required: Program: Congregate Meal and Multicultural Services Units of Service: Number of meals:* 630 Number of clients: 35 Number of hours: 750 * Meals to be reimbursed based on eligible served Contract Award: HHS Funding $10,031 7. Geographic Area/Persons to be Served: Countywide. Services to target multicultural Limited English Proficient older adults. 8. Service Provider shall have the capacity to conduct and comply, at a minimum, to the following: a. Cooperate with Aging and Adult Services in its annual monitoring of the funded program. b. Agree not to use contract funds to pay the salary or expenses of any individual who is engaging in activities designed to influence legislation or appropriations pending before the Congress. c. Submit a detailed program budget within 15 days of receiving the budget template provided by the County. The program budget must be submitted prior to issuance of the County Contract. All required elements in the budget including, but not limited to, the agency's matches, project income, and in-kind contributions must be identified. Indirect costs are limited to a maximum indirect cash cost of 8% of the direct cash costs, less Capital Equipment. d. Monthly invoice data must be submitted to Aging and Adult Services no later than the 10th working day of the month for the prior month. e. Prepare and submit, in a timely manner, monthly service unit data and other reports as requested using the forms provided by the Area Agency on Aging. Submit monthly service unit data report by the 10th working day of the month for the prior month. f. Contractor's scope of service performance will be evaluated on a quarterly basis. Should the contractor fail to meet performance targets, the County may request a plan of action to be submitted, outlining the contractor's planned strategies and activities to meet contract obligations. The plan of action will be within 30 days of receiving notification from the County. g. Offer opportunity for clients to make voluntary contributions to the agency for services received. Contribution request must include the following information, "There is no obligation to contribute. Contributions are voluntary, and service will not be denied based on ability to make contributions." h. Maintain a Client Grievance Policy and process which is approved by Aging and Adult Services prior to being put into use. Revise the policy as necessary. On an annual basis, agency staff that handle personal, sensitive, or confidential information must attend a Security Awareness training conducted by the California Department of Aging. Maintain a log of attendees and completion certificates for those staff attending. j. Written materials and promotional campaigns developed by the contractor specifically for the funded program must be reviewed and approved by the County prior to their release. All other materials developed by the contractor that are unrelated to the funded program would not be subject to the County's approval. k. Attend all mandatory contractors' meetings scheduled by Aging and Adult Services. 1. Maintain an updated organizational emergency/disaster preparedness or continuity of operations plan. m. Minority Service Priority [pursuant to Older Americans Act Sec.306.(a)(5)(A)(ii)] Provider must prioritize services to low income minority individuals. In order to satisfy the service needs of this population, the provider will give priority to minority persons when hiring new staff or recruiting new volunteers. n. Services to lesbian, gay, bisexual, and transgender older adults: [pursuant to the Older Californians Equity and Protection Act (AB 2920)]: Provider must ensure that programs and services are available to all older adults regardless of sexual orientation and gender identity. Evaluation of outreach efforts to gay, lesbian, bisexual, and transgender older adults will be included in Aging and Adult Services contract monitoring requirements. o. Develop targeted outreach methods to locate individuals age 60 or older, especially the low-income, geographically isolated, and minority elderly. Service to minority elders, at a minimum, should be in the same proportion as represented in Marin's older population as reported in the most recent census information. p. Program evaluations to be conducted annually using template provided by Aging and Adult Services. 9. Service Provider will ensure compliance with the following programmatic requirements as well as other conditions established by the AAA specific to this funded program by providing the service directly or procuring services from a qualified entity that meets these requirements: a. Meals must include a minimum of one third of the current Dietary Reference Intakes (DRIB) as established by the Institute of Medicine National Academy of Sciences, follow the current Dietary Guidelines for Americans by U.S. Department of Health and Human services and U.S. Department of Agriculture, and reflect cultural and ethnic dietary needs of participants, when feasible and appropriate. b. Menu and health and safety requirements must at minimum comply with the Elderly Nutrition Program regulations under CCR, Title 22, Division 1.8, Chapter 4, and Article 6. Menus must be planned for a minimum of five (5) weeks and certified by the AAA prior to use. c. Contractor's Menu Bank must be planned by a Registered Dietitian (R.D.), registered by the Commission on Dietetic Registration and qualified as specified in Sections 2585 and 2586, California Business and Professions Code. d. All recipes and menus must be submitted and approved by county specified Registered Dietitian R.D. thirty (30) days in advance of being served. Menus must follow the California 1600 calorie component meal pattern developed to reflect the new DGA requirements and one of the following two meal patterns: 1) The Dietary Approaches to Stop Hypertension (DASH) diet, 2) The USDA Food Guide meal pattern. f. Weekly, fat calories must not exceed 30%, and sodium content not to exceed 750 mg per average meal. Menu items that exceed 750 mg sodium must be identified on the menus. g. Determine client eligibility according to Older American's Act Regulations. Eligible service population means individuals 60 years of age or older, with emphasis on those in economic and social need with particular attention to low income minority individuals and older individuals residing in rural areas. [OAA, Section 305 (a)(2)(E)][Title 22, CCR, Sections 7125, 7127, 7130, and 7135]. h. Comply with additional standards set forth by the Division of Aging and Adult Services, as approved by the Mann County Commission on Aging, which include the following: 1. Compliance with federal standards for nutrition program operations for congregate meal sites. 2. Average minimum of 20 participants is needed per site, per meal day over a 6 month period. 3. The sponsoring agency is expected to provide a site manager (paid or unpaid). 4. Meal program is available to anyone who makes a reservation. Host site must be welcoming and open to everyone. Conduct quarterly safety and sanitation monitoring of the caterer's kitchen and site operation. Show proof of Food Handler Certification within 60 days of commencement of this contract (California Uniform Retail Food facilities Law § 113716). k. Increase use of environmentally sound methods in meal service operation and delivery. 1. Review suggested meal donation rate for approval by the Commission on Aging and Aging and Adult Services staff prior to implementation. Use project income generated, or voluntary contributions received from participants, to increase the service level or facilitate access to service. in. Services to be targeted to Limited English Proficient older adults speaking Marin's threshold languages, Vietnamese and Spanish. n. Provide culturally appropriate activities to be conducted by bilingual persons. DEPARTMENT OF HEALTH AND HUMAN SERVICES .....................................D ... VI.....L.Q.N..Q.F..-5.Q.Q.A...L.....S.E.RV.LG.E.�.. COUNTY OF MARIN Promoting and proter hng health well-being, self sufficiency and safety of oll In lvnrin HEALTH & Nlli,'M"�II',Ip� tl IIs' SERICES November 21, 2014 Larry Meredith, Ph.D. DIRECTOR Carol Jacobs-Courtz, Sr. Recreation Supervisor Heather Ravani City of San Rafael Community Services Department DIVISION DIRECTOR 618 B Street San Rafael, CA 94901 Aging and Adult Services Dear Carol, 10 North San Pedro Road Suite 1023 San Rafael, CA 94903 Enclosed, please find one copy of the fully executed contract for Fiscal Year 415 473 7118 T 2014-2015 with the County of Marin, Department of Health and Human 415 473 7042 F Services and the City of San Rafael to provide Congregate Meal Program 415 473 3232 TTY Services in the amount of $10,031. marinhhs.org/ogingadult•services We look forward to working with you in the future to coordinate community- based services for older adults in Marin County, and we appreciate the additional resources that your agency provides for the operation of this important service for older adults. Sincerely, lXii a__' Gary Lara Sr. Secretary encl. CAO Contract Log # f ""'' ° :: COUNTY OF MARIN Dept. Contract Log # PROFESSIONAL SERVICES CONTRACT 2012 - Edition 1 THIS CONTRACT is made and entered into this 1 st day of October, 2014, by and between the COUNTY OF MARIN, hereinafter referred to as "County" and City of San Rafael, hereinafter referred to as "Contractor." RECITALS: WHEREAS, County desires to retain a person or firm to provide the following service: Congregate Meal Program; and WHEREAS, Contractor warrants that it is qualified and competent to render the aforesaid services; NOW, THEREFORE, for and in consideration of the Contract made, and the payments to be made by County, the parties agree to the following. 1. SCOPE OF SERVICES: Contractor agrees to provide all of the services described in Exhibit A attached hereto and by this reference made a part hereof. 2. FURNISHED SERVICES: The County agrees to: A. Guarantee access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work. B. Make available all pertinent data and records for review. C. Provide general bid and Contract forms and special provisions format when needed. 3. FEES AND PAYMENT SCHEDULE: The fees and payment schedule for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit B and by this reference incorporated herein. Said fees shall remain in effect for the entire term of the Contract. Contractor shall provide County with his/her/its Federal Tax I.D. number prior to submitting the first invoice. 4. MAXIMUM COST TO COUNTY: In no event will the cost to County for the services to be provided herein exceed the maximum sum of $10,031 including direct non -salary expenses. As set forth in section 14 of this Contract, should the funding source for this Contract be reduced, Contractor agrees that this maximum cost to County may be amended by written notice from County to reflect that reduction. 5. TIME OF CONTRACT: This Contract shall commence on October 1, 2014, and shall terminate on June 30, 2015. Certificate(s) of Insurance must be current on day Contract commences and if scheduled to lapse prior to termination date, must be automatically updated before final payment may be made to Contractor. The final invoice must be submitted within 30 days of completion of the stated scope of services. 6. INSURANCE: Commercial General Liabilitv: The Contractor shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). The County shall be named as an additional insured on the commercial general liability policy. Commercial Automobile Liabilitv: Where the services to be provided under this Contract involve or require the use of any type of vehicle by Contractor, Contractor shall provide comprehensive business or commercial automobile liability coverage, including non -owned and hired automobile liability, in the amount of $1,000,000.00. Workers' Compensation: The Contractor acknowledges the State of California requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code. If Contractor has employees, a copy of the certificate evidencing such insurance, a letter of self-insurance, or a copy of the Certificate of Consent to Self -Insure shall be provided to County prior to commencement of work. Errors and Omissions. Professional Liabilitv or Malpractice Insurance. Contractor may be required to carry errors and omissions, professional liability or malpractice insurance. All policies shall remain in force through the life of this Contract and shall be payable on a "per occurrence" basis unless County specifically consents to a "claims made" basis. The insurer shall supply County adequate proof of insurance and/or a certificate of insurance evidencing coverages and limits prior to commencement of work. Should any of the required insurance policies in this Contract be cancelled or non -renewed, it is the Contractor's duty to notify the County immediately upon receipt of the notice of cancellation or non -renewal. If Contractor does not carry a required insurance coverage and/or does not meet the required limits, the coverage limits and deductibles shall be set forth on a waiver, Exhibit C, attached hereto. Failure to provide and maintain the insurance required by this Contract will constitute a material breach of this Contract. In addition to any other available remedies, County may suspend payment to the Contractor for any services provided during any time that insurance was not in effect and until such time as the Contractor provides adequate evidence that Contractor has obtained the required coverage. 7. ANTI DISCRIMINATION AND ANTI HARASSMENT: Contractor and/or any subcontractor shall not unlawfully discriminate against or harass any individual including, but not limited to, any employee or volunteer of the County of Marin based on race, color, religion, nationality, sex, sexual orientation, age or condition of disability. Contractor and/or any subcontractor understands and agrees that Contractor and/or any subcontractor is bound by and will comply with the anti discrimination and anti harassment mandates of all Federal, State and local statutes, regulations and ordinances including, but not limited to, County of Marin Personnel Management Regulation (PMR) 21. 8. SUBCONTRACTING: The Contractor shall not subcontract nor assign any portion of the work required by this Contract without prior written approval of the County except for any subcontract work identified herein. If Contractor hires a subcontractor under this Contract, Contractor shall require subcontractor to provide and maintain insurance coverage(s) identical to what is required of Contractor under this Contract and shall require subcontractor to name Contractor and County of Marin as an additional insured under this Contract for general liability. It shall be Contractor's responsibility to collect and maintain current evidence of insurance provided by its subcontractors and shall forward to the County evidence of same. 9. ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the County. 10. LICENSING AND PERMITS: The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein. 11. BOOKS OF RECORD AND AUDIT PROVISION: Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this Contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this Contract. Contractor will permit County to audit all books, accounts or records relating to this Contract or all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. Any audit may be conducted on Contractor's premises or, at County's option, Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from County. Contractor shall refund any monies erroneously charged. 12. WORK PRODUCT/PRE-EXISTING WORK PRODUCT OF CONTRACTOR: Any and all work product resulting from this Contract is commissioned by the County of Marin as a work for hire. The County of Marin shall be considered, for all purposes, the author of the work product and shall have all rights of authorship to the work, including, but not limited to, the exclusive right to use, publish, reproduce, copy and make derivative use of, the work product or otherwise grant others limited rights to use the work product. To the extent Contractor incorporates into the work product any pre-existing work product owned by Contractor, Contractor hereby acknowledges and agrees that ownership of such work product shall be transferred to the County of Marin. 13. TERMINATION: A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five (5) calendar days written notice to the party involved. B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control. C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of termination shall be by written notice to the other parties and be sent by registered mail. D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract so long as proof of required insurance is provided for the periods covered in the Contract or Amendment(s). 14. APPROPRIATIONS: The County's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Marin County Board of Supervisors, the State of California or other third party. Should the funds not be appropriated County may terminate this Contract with respect to those payments for which such funds are not appropriated. County will give Contractor thirty (30) days' written notice of such termination. All obligations of County to make payments after the termination date will cease. Where the funding source for this Contract is contingent upon an annual appropriation or grant from the Marin County Board of Supervisors, the State of California or other third party, County's performance and obligation to pay under this Contract is limited by the availability of those funds. Should the funding source for this Contract be eliminated or reduced, upon written notice to Contractor, County may reduce the Maximum Cost to County identified in section 4 to reflect that elimination or reduction. 15. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performance of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent Contractor and not as officers, employees or agents of the County. Contractor shall be solely responsible to pay all required taxes, including but not limited to, all withholding social security, and workers' compensation. 16. AMENDMENT: This Contract may be amended or modified only by written Contract of all parties. 17. ASSIGNMENT OF PERSONNEL: The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to County, as is evidenced in writing. 18. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Marin County, California. 19. INDEMNIFICATION: Contractor agrees to indemnify, defend, and hold County, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Contractor's negligence, recklessness or willful misconduct in the performance of this Contract. 20. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with any and all Federal, State and local laws and resolutions: including, but not limited to the County of Marin Nuclear Free Zone, Living Wage Ordinance, and Board of Supervisors Resolution #2005-97 prohibiting the off -shoring of professional services involving employee/retiree medical and financial data affecting services covered by this Contract. Copies of any of the above -referenced local laws and resolutions may be secured from the Contract Manager referenced in section 21. In addition, the following NOTICES may apply: 1. Pursuant to California Franchise Tax Board regulations, County will automatically withhold 7% from all payments made to vendors who are non-residents of California. 2. Contractor agrees to meet all applicable program access and physical accessibility requirements under State and Federal laws as may apply to services, programs or activities for the benefit of the public. 3. For Contracts involving any State or Federal grant funds, Exhibit D must be attached. Exhibit D shall consist of the printout results obtained by search of the System for Award Management at www.sam.gov. Exhibit D - Debarment Certification By signing and submitting this Contract, the Contractor is agreeing to abide by the debarment requirements as set out below. • The certification in this clause is a material representation of fact relied upon by County. The Contractor shall provide immediate written notice to County if at any time the Contractor learns that its certification was erroneous or has become erroneous by reason of changed circumstances. • Contractor certifies that none of its principals, affiliates, agents, representatives or contractors are excluded, disqualified or ineligible for the award of contracts by any Federal agency and Contractor further certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency; • Have not been convicted within the preceding three -years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against it for one of those offenses within that time period; • Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses listed in 2 CFR 180.800(a); • Have not had one or more public transactions (Federal, State, or Local) terminated within the preceding three -years for cause or default. The Contractor agrees by signing this Contract that it will not knowingly enter into any subcontract or covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. • The Contractor to this Contract and any subcontractor will provide a debarment certification that includes the debarment clause as noted in preceding bullets above, without modification. 21. NOTICES: This Contract shall be managed and administered on County's behalf by the Department Contract Manager named below. All invoices shall be submitted and approved by this Department and all notices shall be given to County at the following location: Contract Manager: Lee Pullen, Mgr. Dept./Location: Department of Health and Human Services Division of Social Services, Aging & Adult Services IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. CONTRACTOR: APPROVED BY COUNTY OF MARIN: Name � TA l e e V4K L? 1_tinh,1 riminish.1cir COUNTY COUNSEL REVIEW AND APPROVAL (required if template content has been modified) County Counsel. Date: . Telephone No.: (415) 473-7118 Notices shall be given to Contractor at the following address(es): Contractor: City of San Rafael _ Carlene McCart, Director, Community Services Director - 618 B Street Address: San Rafael, CA 94901 Telephone No. (415) 485-3333 Contractor: Address: Telephone No.. 22. ACKNOWLEDGEMENT OF EXHIBITS: i� Check applicable Exhibits CONTRACTOR'S INITIALS EXHIBIT A. Scope of Services x" -"gym• W EXHIBIT B. Fees and Payment EXHIBIT C. ❑ Insurance Reduction/Waiver �"."...,. EXHIBIT D. ® Contractor's Debarment Certification EXHIBIT E. ❑ Subcontractor's Debarment Certification"s•"""" OTHER REQUIRED 0 Exhibit G: Audits/Non-Discrimination EXHIBITS (HHS USE ❑ Exhibit K: Aging & Adults Programs ,.?,.. ONLY) ❑ Exhibit K1: Terms & Conditions IN WITNESS WHEREOF, the parties have executed this Contract on the date first above written. CONTRACTOR: APPROVED BY COUNTY OF MARIN: Name � TA l e e V4K L? 1_tinh,1 riminish.1cir COUNTY COUNSEL REVIEW AND APPROVAL (required if template content has been modified) County Counsel. Date: . EXHIBIT "A" SCOPE OF SERVICES MARIN COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES DIVISION OF SOCIAL SERVICES AGING AND ADULT SERVICES October 1, 2014 - June 30, 2015 Provider: City of San Rafael Program Name: Congregate Meal Program Program Goal: To maintain or improve the physical, psychological, and social well-being of older persons in Marin County through appropriate nutrition services along with enrichment activities for a diverse group of older adults. Performance Objectives: At least 80% of clients will report "high" to "very high" satisfaction with the program. At least 50% of clients will report improvements in their well-being as a result of participating in the congregate nutrition program. Program Definition: Congregate nutrition services are provided to older persons 60 years and older in strategically located group settings and consist of procurement, preparation, and service of meals, as well as nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. Persons eligible for reimbursement are: persons over the age of 60; spouse of a person over the age of 60; persons with a disability under age 60 who resides at home with and accompanies an older individual participating in the program. Multicultural Senior Center Activities are designed to enable older individuals to attain and/or maintain physical and mental well-being such as recreation, music, creative arts, physical activity, education, leadership development and other supportive services not covered under other service categories. This includes the development and provision of new volunteer opportunities and services and the creation of additional services and programs to remedy gaps and deficiencies in existing services. Entertainment costs such as tickets to shows or sporting events, meals, lodging, rentals, transportation and gratuities are not allowable. Minimum Units of Service Required: Program: Congregate Meal and Multicultural Services Units of Service: Number of meals:* 630 Number of clients: 35 Number of hours: 750 * Meals to be reimbursed based on eligible served Contract Award: HHS Funding: $10,031 2 Geographic Area/Persons to be served: Countywide. Services to target multicultural Limited English Proficient older adults. Service Provider shall have the capacity to conduct and comply, at a minimum, to the following: Cooperate with Aging and Adult Services in its annual monitoring of the funded program. Agree not to use contract funds to pay the salary or expenses of any individual who is engaging in activities designed to influence legislation or appropriations pending before the Congress. Submit a detailed program budget within 15 days of receiving the budget template provided by the County. The program budget must be submitted prior to issuance of the County Contract. All required elements in the budget including, but not limited to, the agency's matches, project income, and in-kind contributions must be identified. Indirect costs are limited to a maximum indirect cash cost of 8% of the direct cash costs, less Capital Equipment. Monthly invoice data must be submitted to Aging and Adult Services no later than the 10th working day of the month for the prior month. Prepare and submit, in a timely manner, monthly service unit data and other reports as requested using the forms provided by the Area Agency on Aging. Submit monthly service unit data report by the 10th working day of the month for the prior month. Contractor's scope of service performance will be evaluated on a quarterly basis. Should the contractor fail to meet performance targets, the County may request a plan of action to be submitted, outlining the contractor's planned strategies and activities to meet contract obligations. The plan of action will be within 30 days of receiving notification from the County. Offer opportunity for clients to make voluntary contributions to the agency for services received. Contribution request must include the following information, "There is no obligation to contribute. Contributions are voluntary, and service will not be denied based on ability to make contributions." Maintain a Client Grievance Policy and process which is approved by Aging and Adult Services prior to being put into use. Revise the policy as necessary. On an annual basis, agency staff that handle personal, sensitive, or confidential information must attend a Security Awareness training conducted by the California Department of Aging. Maintain a log of attendees and completion certificates for those staff attending. Written materials and promotional campaigns developed by the contractor specifically for the funded program must be reviewed and approved by the County prior to their release. All other materials developed by the contractor that are unrelated to the funded program would not be subject to the County's approval. Attend all mandatory contractors' meetings scheduled by Aging and Adult Services. Maintain an updated organizational emergency/disaster preparedness or continuity of operations plan. Minority Service Priority [pursuant to Older Americans Act Sec. 306.(a)(5)(A)(ii)j Provider must prioritize services to low income minority individuals. In order to satisfy the service needs of this population, the provider will give priority to minority persons when hiring new staff or recruiting new volunteers. r Services to lesbian, gay, bisexual, and transgender older adults: [pursuant to the Older Californians Equity and Protection Act (AB 2920)]: Provider must ensure that programs and services are available to all older adults regardless of sexual orientation and gender identity. Evaluation of outreach efforts to gay, lesbian, bisexual, and transgender older adults will be included in Aging and Adult Services contract monitoring requirements. Develop targeted outreach methods to locate individuals age 60 or older, especially the low-income, geographically isolated, and minority elderly. Service to minority elders, at a minimum, should be in the same proportion as represented in Marin's older population as reported in the most recent census information. Program evaluations to be conducted annually using template provided by Aging and Adult Services. Service Provider will ensure compliance with the following programmatic requirements as well as other conditions established by the AAA specific to this funded program by providing the service directly or procuring services from a qualified entity that meets these requirements: Meals must include a minimum of one third of the current Dietary Reference Intakes (DRIs) as established by the Institute of Medicine National Academy of Sciences, follow the current Dietary Guidelines for Americans by U.S. Department of Health and Human services and U.S. Department of Agriculture, and reflect cultural and ethnic dietary needs of participants, when feasible and appropriate. Menu and health and safety requirements must at minimum comply with the Elderly Nutrition Program regulations under CCR, Title 22, Division 1.8, Chapter 4, and Article 6. Menus must be planned for a minimum of five (5) weeks and certified by the AAA prior to use. Contractor's Menu Bank must be planned by a Registered Dietitian (R.D.), registered by the Commission on Dietetic Registration and qualified as specified in Sections 2585 and 2586, California Business and Professions Code. All recipes and menus must be submitted and approved by county specified Registered Dietitian R.D. thirty (30) days in advance of being served. Menus must follow the California 1600 calorie component meal pattern developed to reflect the new DGA requirements and one of the following two meal patterns: 1) The Dietary Approaches to Stop Hypertension (DASH) diet, 2) The USDA Food Guide meal pattern. Weekly, fat calories must not exceed 30%, and sodium content not to exceed 750 mg per average meal. Menu items that exceed 750 mg sodium must be identified on the menus. Determine client eligibility according to Older American's Act Regulations. Eligible service population means individuals 60 years of age or older, with emphasis on those in economic and social need with particular attention to low income minority individuals and older individuals residing in rural areas. [OAA, Section 305 (a)(2)(E)][Title 22, CCR, Sections 7125, 7127, 7130, and 7135]. Comply with additional standards set forth by Aging and Adult Services, as approved by the Marin County Commission on Aging, which include the following: Compliance with federal standards for nutrition program operations for congregate meal sites. Average minimum of 20 participants is needed per site, per meal day over a 6 month period. The sponsoring agency is expected to provide a site manager (paid or unpaid). Meal program is available to anyone who makes a reservation. Host site must be welcoming and open to everyone. 9 Conduct quarterly safety and sanitation monitoring of the caterer's kitchen and site operation. Show proof of Food Handler Certification within 60 days of commencement of this contract (California Uniform Retail Food facilities Law §113716). Increase use of environmentally sound methods in meal service operation and delivery. Review suggested meal donation rate for approval by the Commission on Aging and Aging and Adult Services staff prior to implementation. Use project income generated, or voluntary contributions received from participants, to increase the service level or facilitate access to service. Services to be targeted to Limited English Proficient older adults speaking Marin's threshold languages, Vietnamese and Spanish. Provide culturally appropriate activities to be conducted by bilingual persons. P EXHIBIT "B" FEES AND PAYMENT SCHEDULE B.1. BASE CONTRACT FEE: COUNTY shall pay CONTRACTOR during the term of this contract (October 1, 2014 through June 30, 2015. Contractor shall submit requests for payment. No costs incurred by CONTRACTOR prior to the effective date of the contract should be included in the invoices, nor paid by the COUNTY. B.2. CONSIDERATIONS: In no event shall total compensation paid to Contractor under this provision exceed $10,031 without a written amendment to this Agreement, approved by the County of Marin. Said sum to be payable as follows: subject to the availability of funds, compliance with insurance requirements as hereinafter provided, and completion of the contract services to County's satisfaction. Payment amount will be based upon receipt of contractor's financial statement and request for funds, as expended. Payment will be made following County's receipt of a timely, accurate and accepted invoice to be submitted no later than the 10th of the following month. 10 EXHIBIT "G" AUDITS, NON-DISCRIMINATION AUDITS/RECORDS: 1.1 Contractor shall maintain books, records, files, documents and other evidence directly pertinent to all work under this Agreement in accordance with accepted professional practices and accounting procedures and according to statutory agreements for the applicable time mandated, and in no case less than seven (7) years after the termination of the Agreement. County, or any of its duly authorized representatives, shall have access to such books, records, files, documents and other evidence for purposes of inspection, evaluation, audit or copying. Contractor will furnish County a certified copy of an Audit Report from an independent CPA firm by October 31, for the report covering the County's fiscal year that ended the previous June 30. The Audit Report will cover the County's fiscal year and include the independent CPA firm's review of each program operated by Contractor, with review of both expenditures and revenues for each program. 1.2 Contractor will provide County with a letter from the chair of the Contractor's Board of Directors certifying that the Board of Directors has reviewed the Audit Report. 2. NON-DISCRIMINATION IN THE PROVISION OF SERVICES: 2.1 Contractor and/or any permitted subcontractor shall not unlawfully discriminate against any individual based upon race, religious creed, color, national origin, ancestry, medical condition, marital status, sex, sexual orientation, age or condition of disability. Contractor and/or any permitted subcontractor understands and agrees that Contractor and/or any permitted subcontractor is bound by and will comply with the nondiscrimination mandates of all Federal, State and local statutes, regulations and ordinances. In the performance of the terms of this Agreement, Contractor shall not discriminate against any employee or applicant for employment, or against any applicant for or beneficiary of services, because of race, sex, sexual orientation, HIV status, color, religion, ancestry, national origin, age, disability, or any other unlawful basis. 2.2 Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, sex, sexual orientation, HIV status, color, religion, ancestry, national origin, age, or disability. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth Fair Employment Practices outlined in this section. Contractor shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practice Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this Agreement. 2.3 Contractor shall develop and implement policies and procedures to ensure that all services provided under this Agreement are rendered in a manner that conforms to all local, State and federal non-discrimination statutes, regulations and ordinances, including but not limited to race, gender, national origin, disability or medical condition such as a diagnosis of Acquired Immune Deficiency Syndrome (AIDS), or upon testing positive for Human Immunodeficiency Virus (HIV), or all other applicable nondiscrimination provisions. Contractor shall ensure that its staff is adequately trained regarding these non-discrimination provisions, policies and procedures, including those that involve specific disease -related problems, issues and special recovery needs. 11. 3. Disaster Plan: 3.1 Contractor shall have in place, and shall provide to the County, its plan for the referral and/or treatment of clients in the case of a disaster. 4. Drug -Free Workplace Requirements: 4.1 Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. Establish a Drug -Free Awareness Program to inform employees about: The danger of drug abuse in the workplace The person's or organization's policy of maintaining a drug-free workplace Any available counseling, rehabilitation and employee assistance programs, and, Penalties that may be imposed upon employees for drug abuse violations 12 CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY Accredited witb Excellence from the California Association of Joint Powers Authorities CERTIFICATE OF COVERAGE Certificate Holder and Additional Covered Party: County of Marin, Department of Health and Human Services 1.0 North San Pedro Road, Suite 1023 San Rafael, CA 94903 Lee Pullen, Director This certifies that the coverage Described herein has been issued to: San Rafael Description of Activity: Provision of organized social an/recreational, health and/or nutritional services for program clients (San Rafael Goldenaires). Date(s) of Activity: July 01, 2014 to June 30, 2015 Location of Activity: San Rafael & Albert J. Boro Community Center Entity Providing Coverage California Joint Powers Risk Management Authority Certificate Excess Coverage Expiration Date $500,000 June 30, 2015 excess of $500,000 The following coverage is in effect and is provided through participation in a risk sharing joint powers authority. comprehensive general liability, automobile liability, and public officials errors and omissions, as defined in the Memorandum of Coverage on file with the entity and which will be made available upon request. The coverage being provided is limited to the activity and the time period indicated herein and is subject to all the terns, conditions and exclusions of the Memorandum of Coverage of the California Joint Powers Risk Management Authority. Pursuant to Section II, subsection 8, relating to the definition of a covered party, the certificate holder named herein is only an additional covered party for covered claims arising out of the activity described herein and is subject to the limits stated herein. Coverage will not be broader than what the Member Entity is required by the contract or agreement to provide. Coverage is in effect at this time and will not be cancelled, limited or allowed to expire at a date other than that indicated herein except upon 30 days written notice to the certificate holder. 8/26/2014 Date49- David J. Clovis, ARM, General Manager f Authorized Sig attire Name and Title (Print or type) Form C 3201 Donlan (toad, Suite 285 • Livermore, CA 94551 • Phone (925) 837-0667 • FAX (925) 290-1543 1110�- CITY CSE MAYORGARYO PHILLIPS VICE MAYOR DAMON CONNOLLY COUNCILMEMBER MARI©ETII BusHEY ,II„t i ISI COUNCILME•MnER KATE COLIN ut Nu�lu COUNCILMEMnER ANDRLNI CUYUGAN MCCUL'LOUGII OFFICE OF THE CITY ATTORNEY Robert f Epstein, City Attorney Lisa A. Goldficn, Assistant City Attorney Eric T Davis, Deputy City Attorney If September 4, 2014 Lee Pullen, Director Dept. of Health and IIuman Services Division of Aging & Adult Services 10 N. San Pedro Road, Suite 1012 San Rafael, CA 94903 Re: City of San Rafael Self -Insurance, San Rafael Goldenaires Dear Mr. Pullen: Tire City of San Rafael, as permitted Linder State law, is self-insured for general liability, including automobile liability, for the first $500,000. Accordingly, the City does not have a commercially issued general liability insurance policy. Additional insurance for the coverage required by your contract is provided by a public entity excess liability pool in which the City participates. The pool, the California Joint Powers Risk Management Authority (CJPRMA) provides the City's coverage in excess of $500,000 under a Memorandum of Coverage. Enclosed is a copy of a Certificate of Coverage showing the County of Marin, Department of Health & I11.1man Services as an additional insured. With respect to Worker's Compensation liability, the City is self-insured for the first $1,000,000 and has a separate excess liability policy from Safety National Casualty Corporation, as detailed on the enclosed copy of the City of San Rafael's Certificate for Specific Excess Workers' Compensation and Employers' Liability Insurance. Because it is a local governmental agency existing in the State of California and because it is entitled to self -insure under the Government Code, the City assumes that this letter will satisfy the insurance requirements of the Agreement between the County of Marin and the City of San Rafael San Rafael Goldenaires, for activity scheduling and implementation programs. Please call the City Attorney's Office at 485-3080 should you have any questions regarding insurance. VcL ry truly yours, IJL / r LISA A. GOLDFIEN Assistant City Attorney Enclosures cc: Gary Lara, Sr. Secretary, Marin County Health and IIuman Services (Via Email) Carol Jacobs-Courtz, Senior Recreation Supervisor 1400 Fifth Avenue (P.O Box 151560) San Rafael, CA 94915-1560 PI IONS: (415) 485-3080 / FAX: (415) 485-3109 / EMAIL: city.attorney a cilyofsanral'ad org ra A member of the Tokio Marine Group CERTIFICATE OF INSURANCE 1832 Schuetz Road St Louis, MO 63146-3540 Telephone (888) 995-5300 (314) 995-5300 Fax (314) 995-3843 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY LISTED BELOW. NAME AND ADDRESS OF CERTIFICATE HOLDER: California Dept of Industrial Relations Office Of Self -Insurance Plans 11050 Olson Drive Rancho Cordova, CA 95670-5600 Attn: Mr. Jon Wroten This is to certify that the policy of insurance listed below has been issued to the insured named below and is in force at this time. Notwithstanding any requirement, term or condition of any contract or any other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Should any of the policy described herein be canceled before expiration date thereof the CORPORATION will endeavor to mail sixty (60) days written notice to the above named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the CORPORATION. NAME INSURED EMPLOYER: CITY OF SAN RAFAEL ADDRESS: 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 POLICY NUMBER: SP 4050952 TYPE OF INSURANCE: Specific Excess Workers' Compensation and Employers' Liability Insurance LOCATION(S): CALIFORNIA POLICY LIABILITY PERIOD: July 01, 2014 through July 01, 2015 POLICY PAYROLL REPORTING PERIOD: July 01, 2014 through July 01, 2015 Self -Insured Retention Per Occurrence $ 1,000,000 Maximum Limit of Indemnity Per Occurrence Statutory Employers' Liability Maximum Limit of Indemnity Per Occurrence and Aggregate $ 2,000,000 SAFETY NATIONAL CASUALTY CORPORATION />� Z;J.104 By. Seth A. Smith Senior Vice President Workers' Compensation Underwriting Date: June 03, 2014 SAM Search Results List of records matching your search for Functional Area: Entity Management Record Status: Active Entity Name: City of San Rafael City: "San Rafael" State: CALIFORNIA Zia Code: 94901 ENTITY ISAN RAFAEL, CITY OF Status:Active DUNS: 198423832 +4: CAGE Code: 4TB82 DoDAAC: Expiration Date: Jun 26, 2015 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 1400 5TH AVE City: SAN RAFAEL ZIP Code: 94901-1943 State/Province: CALIFORNIA Country: UNITED STATES July 23, 20141:57 PM Page 1 of 1 CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. . rr DATE OF MEETING: October 6, 2014 FROM: Carlene McCart DEPARTMENT: Community Services DATE: September 26, 2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO ENTER INTO, AND AUTHORIZE, THE COMMUNITY SERVICES DIRECTOR TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH THE COUNTY OF MARIN TO PROVIDE A CONGREGATE MEAL PROGRAM AT ALBERT J. BORO COMMUNITY CENTER Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: Y ��� City Manager (signature) NOT APPROVED REMARKS: APPROVED AS TO FORM: { .:,... City Attorney (signature) 'jy MEMORANDUM CITY OF SAN RAFAEL SAN RAFAEL, CALIFORNL4 TO: Carol Jacobs-Courtz DATE: October 17, 2014 FROM: Esther C. Beirne 0 SUBJECT: Congregate Meal Program — AJB Community Center Hi Carol: Lisa has reviewed the County Additional Contract and says it is fine. Please let me have a fully executed copy when you get one back. I am enclosing three resolutions in case you need to send with the contract copies. Many thanks for your assistance with this. Esther 1400 Fifth Avenue, Room 209, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3066 Fax: (415) 485-3133 TDD: (415) 485-3198