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CITY OF SIMI VALLEY
MEMORANDUM
N
ovember 14, 2022
TO
: City Council
F
ROM: Office of the City Manager
S
UBJECT: AUTHORIZATION TO ACCEPT FUNDING FROM THE VENTURA
COUNTY AREA AGENCY ON AGING NUTRITION INFRASTRUCTURE
GRANT IN SUPPORT OF THE SENIOR NUTRITION SERVICES,
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL
GRANT RELATED DOCUMENTS , AND APPROVE A SUPPLEMENTAL
BUDGET REQUEST IN FUND 100
STAFF RECOMMENDATION
I
t is recommended that the City Council authorize the acceptance of a $99,990 grant from the Ventura County Area Agency on Aging (VCAAA) in support of the Senior Nutrition Program, authorize the City Manager or designee to execute all grant related documents, and approve a Supplemental Budget Request in the amount of $99,990 in the General Fund (Fund 100).
BACKGROUND AND OVERVIEW
I
n April of 2022, the V CAAA invited applicants to submit proposals for equipment and projects that would benefit and support the Senior Nutrition Programs offered at the Simi Valley Senior Center . Staff submitted a proposal, which included the replacement, re storation, and enhancement of equipment or spaces used by nutrition programs offered at the Simi Valley Senior Center. On October 17, 2022, staff received confirmation that the Simi Valley Senior Center was awarded $99,990 in a Nutrition Infrastructure Grant to fund many of the items listed in the proposal.
These funds need to be expended by June 30, 2023.
FINDINGS AND ALTERNATIVES
T
he City’s Senior Nutrition Program includes both the congregate and home -delivered meal services at the Senior Center. The Simi Valley Senior Center currently maintains one of the largest meal sites in Ventura County, serving an average of 270 meals each weekday. Due to the large participation in the Center’s nutrition programs, the facility and equipment take on considerable wear and tear. The equipment and projects approved as part of the Nutrition Infrastructure Grant will help replace, restore and enhance the equipment and spaces used as part of the nutrition programs.
T
he City of Simi Valley is currently contracted with the V CAAA to offer congregate and home-delivered meal services in Simi Valley. The VCAAA currently provides grant funds to offset the cost of personnel dedicated to nutrition programs, as well as food costs.
However, equipment and facility repairs and/or upgrades are generally not eligible expenditures as part of this agreement. The Nutrition Infrastructure Grant will fund the AGENDA ITEM NO.
Consent (3)
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replacement of refrigeration equipment, restoration/repairs to the multi-purpose room and kitchen floors, upgrading the audiovisual equipment, meal preparation and distribution equipment, and the purchase of a meal delivery vehicle. The awarded $99,990 from the Nutrition Infrastructure Grant is a reimbursement grant ; therefore, the City is required to expend funds first, and then seek reimbursement from the VCAAA. The use of Nutrition Infrastructure Grant funds will help reduce the need for City General F und or Capital Improvement Project contributions.
Th
e following alternatives are available to the City Council:
1. Ac
cept $99,990 in Ventura County Area Agency on Aging Infrastructure Grant funds in support of the nutrition services, authorize the City Manager or designee to execute all related grant documents , and approve a Supplemental Budget Request in the amount of $99,990 in the General Fund (Fund 100);
2. Not
approve the acceptance of $99,990 in Ventura County Area Agency on Aging Infrastructure Grant funds;
3. Pr
ovide staff with alternative direction.
St
aff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to
authorize the acceptance of funds granted by the Ventura County Area Agency on Aging in support of the Senior Nutrition Program , authorize the City Manager or designee to execute all grant related documents, and approve a Supplemental Budget Request in the amount of $99,990 in the General Fund (Fund 100).
SUMMARY
In A
pril of 2022, the VCAAA invited applicants to submit proposals for equipment and projects that would benefit and support the Senior Nutrition Programs offered at the Simi Valley Senior Center. Staff submitted a proposal, which included the replacement, restoration and enhancement of equipment or spaces used by nutrition programs offered at the Simi Valley Senior Center. On October 17, 2022, staff received confirmation that the Simi Valley Senior Center was awarded $99,990 in Nutrition Infrastructure Grant funds. Therefore, it is recommended that the City Council accept the VCAAA Nutrition Infrastructure Grant award totaling $99,990 in support of nutrition services at the Simi Valley Senior Center, authorize the City Manager or designee to execute all related grant documents, and approve a Supplemental Budget Request for Fund 100. ______
______________________________
Linda Swan
Assistant City Manager
Pr
epared by: Angel Sierra, Community Services Manager
INDEX Page
Ex
hibit 1 – VCAAA Agreement and Grant Award ............................. 3 2 1
Ventura County Area Agency on Aging
Agreement and Grant Award for Services
Nutrition Infrastructure Grant
CT# 3500FY230000000000xx
ISSUED TO: City of Simi Valley
(Name of Contractor)
2929 Tapo Canyon Road
(Address)
Simi Valley CA 93063
(City) (State) (Zip Code)
==================================================================
FOR VCAAA USE ONLY
The funds provided under this contract are State Funds passed through from the California Department of Aging to the County of Ventura , under contract NI-2223-18.
Applicable CFDA Number for Federal Funds indicated herein is required and must be reported under the Single Audit Act.
Fiscal Year Funds: FY 2022-2023
Contract Pass-through Number: 3500FY23-xx
Funding Agency Name (State/Federal):
Ventura County Area Agency on
Aging (California Department of
Aging)
CFDA No.: N/A
Program Name: Nutrition Infrastructure
State Fund Amount: $0.00
Federal Fund Amount $99,990.00
TOTAL CONTRACT AMOUNT: $99,990.00
Match (10% required, cash or in kind): $0.00
Contract Amount plus Match: $99,990.00
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EXHIBIT 1
3 2
Ventura County Area Agency on Aging
Agreement and Assurances of Older Americans Act
Grant Award for Services
This agreement is made and entered into on October 1, 20 22, by and between the County of Ventura, which includes among its component parts the Ventura County Area Agency on Aging (hereinafter called Area Agency) and the City of Simi Valley (hereinafter called Contractor) for services specific in Exhibit A attached hereto and incorporated herein by reference (“Scope of Work”). The total reimbursement to be paid to Contractor shall not, in any event, exceed $99,990.00 (the “Grant Amount”). Contractor’s expenditures under this contract, will be completed by June 30, 2023, the end date of this contract.
Article I: Scope of Service and Performance Standards
Section 1
Contractor shall provide, in a satisfactory and proper manner as determined by the Area Agency’s representative, the necessary personnel, equipm ent and materials required to carry out the services and/or activities and/or construction or acquisition as detailed in the grant application incorporated herein by reference and specifications attached as Exhibit A and incorporated herein. Contractor agrees to provide the services and/or activities and/or construction or acquisition in accordance with all applicable local, state, and federal designation and program standards, regulations, and laws.
Contractor shall provide services provided for in this agreement in accordance with, and to comply with all terms of, the contract NI-2223-18 between the California Department of Aging (CDA) and the Area Agency (“the CDA Contract”), , and with all applicable local, state, and federal laws and regulations including, but not limited to: those regarding discrimination, wages, and hours of employment; occupational safety; and, to fire, safety, health and sanitation regulations, directives, guidelines and/or manuals related to this agreement and resolve all issues using good administrative practices and sound judgment.
A copy of the CDA Contract is on file with the Area Agency and is available upon request.
Section 2
If performance under this contract fails to meet the quality p erformance standards specified in this agreement, the service provider shall be requested by the Area Agency to submit a corrective action plan for approval by the Area Agency. The plan shall specify the specific actions to be taken to correct the problem and a timetable for each action.
If the corrective action plan is not submitted within 10 calendar days of receiving the request, or if it is not implemented in accordance with the approved corrective action plan, appropriate sanctions may be imposed, as described in the Area Agency's sanction policy which is incorporated herein by reference. Failure to implement the approved corrective action plan may result in termination of the contract.
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At its sole discretion, the Area Agency may waive the requirement of a corrective action plan if exceptional circumstances account for performance below the contracted level.
Exceptional circumstances are those circumstances which are beyond the service provider’s control, such as natural disasters, inflationary increas es beyond anticipated levels, and/or shortages of materials or supplies due to labor disputes or other reasons.
The Area Agency may request corrective action or impose sanctions at any time it is deemed necessary to uphold Area Agency, state, and federal policies and regulations.
All services provided pursuant to this agreement must be fully implemented within the contract period.
Section 3
The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.
The Contractor agrees that during the terms of this agreement that they are of sound financial status. Any Contractor that is a private corporation, Joint Powers Agreement (JPA) or private nonprofit must be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement. Failure to maintain good standing shall result in suspension or termination of this Agreement with the Area Agency on Aging until satisfactory status is restored.
Section 4
Under the terms of this contract, the following definitions apply:
CCR means California Code of Regulations.
CFR means Code of Federal Regulations.
Contractor means the legal entity that receives funds from the Area Agency on Aging to provide direct services identified in and in accordance with this Agreement and determines who is eligible to receive the services. This term may be used interchangeably with Subrecipient and Grantee.
OAA means Older Americans Act.
OMB means the federal Office of Management and Budget.
Disallowed Costs means those charges determined to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45 CFR 75.2)
Questioned Costs means a cost that is questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 1a/11-22
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where the costs, at the time of the audit, are not supported by adequate documentation; or where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. (2 CFR 200.84 and 45 CFR 75.2).
Recoverable Cost means the state and federal share of the questioned cost.
Program Requirements means Title Ill program requirements found in the OAA [42 USC 3001-3058]; the Code of Federal Regulations [45 CFR 1321]; the California Code of Regulations [22 CCR 7000 et seq.]; and CDA Program Memoranda, and California Retail Food Code (CRFC).
State and Department mean the State of California and the California Department of Aging (CDA) interchangeably.
Title III C -1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrit ion education, nutrition risk screening, and opportunities for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the most current Dietary Guidelines for Americans (DGA). To be an eligible Title II I C-1 congregate nutrition site, the site must meet all of the following criteria: [22 CCR 7638.7(a)] a. Be open to the public. [45 CFR 1321.53(b)(3)]
b. Not means test. [OAA § 315(b)(3)]
c. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service. [OAA § 315(b)(4)] [22 CCR 7638.9] d. Not receive funds from another source for the cost of the same meal, equipment, or services. [2 CFR 200.403(f)][45 CFR 75.403(f)]
Title III C-2 (Home-Delivered Nutrition Services) means nutrition services provided to homebound older individuals including meals, nutrition education, and nutrition risk screening. Each meal shall provide one -third (1/3) of the DRI and comply with the most current Dietary Guidelines for Americans. [22 CCR 7135, 22 CCR 7638.7(c)]
Title III C meals are compliant with the Older Calif ornians Nutrition Program Menu Guidance
USC means United States Code.
Vendor means an entity selling goods or services to the Contractor or Subcontra ctor during the Contractor or Subcontractor’s performance of the Agreement.
Article II: Period of Performance
Except as otherwise provided, the term of this agreement shall commence on October 1, 2022, and terminate on June 30, 2023.
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Article III: Program Budget and Payment Schedule
Section 1
The reimbursed compensation of the Grant Amount shall be paid upon receipt of a monthly invoice for submitted by Contractor to the Area Agency.
No expenditure shall be made, or obligation incurred, in excess of the Grant Amount, this agreement. Any unauthorized expenditures shall be borne by Contractor. The Contractor shall prepare and submit a monthly invoice as instructed by the Area Agency by the 20th of each month. The report shall include all reimbursable costs, for the prior month, supported by purchase invoices and a minimum of three quotes.
Section 2
All payments shall be made in accordance with the provisions of this agreement and in accordance with the Scope of Work.
Section 3
Contractor shall maintain accounting records (including payroll records, bills, invoices and receipts) for all funds received pursuant to this agreement separate from any other funds administered by Contractor. Contractor shall expend the same solely for the purpose of the project.
Section 4
In the event Contractor receives payment for a service to which reimbursement is disallowed by the Area Agency or to the Area Agency by the California Department of Aging or the Federal Administration on Aging, Contractor shall promptly refund the disallowed amount to the Area Agency on request.
Section 5
Funds made available under this Agreement shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general-purpose local government t o provide Title III (excluding III E), or Title VII Programs. Funds made available under Title III E shall supplement and not supplant other services that may directly or indirectly support informal caregiving, such as Medicaid waiver programs (e.g., MSSP, etc.), or other caregiver services such as those provided through Caregiver Resource Centers, Linkages, Alzheimer’s Day Care Resource Centers, Respite Purchase of Service, and other Title III funded providers.
Section 6
Costs incurred by the Contractor or subcontractor must be verifiable from the records of the Contractor or subcontractor and must be allowable as outlined in the Code of Federal Regulations [2 CFR 200] and [2CFR 2900] and may be cash or in-kind contributions.
Article IV: Reporting and Evaluation
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Section 1
Area Agency may, at its discretion, conduct periodic evaluations or audits of the Program.
Contractor shall cooperate with the Area Agency in evaluations of the Program as scheduled by the Area Agency. Contractor will collect and make available all pertine nt project information as needed and/or requested and participate in any project site visits made by the Area Agency. No request for payment of funds shall be approved by the Area Agency's representative until such reports have been timely filed.
Article V: Information Integrity and Security
The Contractor, and its Subcontractors/Vendors, shall have in place operational policies, procedures, and practices to protect State information assets, including those assets used to store or access Personal Health Information (PHI), Personal Information (PI) and any information protected under the Health Insurance Portability and Accountability Act (HIPAA), (i.e., public, confidential, sensitive and/or personal identifying information) herein referred to as Personal, Sensitive and Confidential Information (PSCI) as specified in the State Administrative Manual, 5300 to 5365.3; Cal. Gov. Code § 11019.9, DGS Management Memo 06-12; DOF Budget Letter 06 -34; and CDA Program Memorandum 07-18 Protection of Information Assets and the Statewide Health Information Policy Manual.
Information assets may be in hard copy or electronic format and may include but is not limited to:
1. Reports
2. Notes
3. Forms
4. Computers, laptops, cellphones, printers, scanners
5. Networks (LAN, WAN, WIFI) servers, switches, routers
6. Storage media, hard drives, flash drives, cloud storage
7. Data, applications, databases
Encryption of Computing Devices
The Contractor, and its subcontractors/Vendors, are required to use 128 -Bit encryption for PSCI data that is collected and stored on all computing devices (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers and backup media) and/or portable electronic storage media (including but not limited to, discs, thumb/flash drives, portable hard drives, and backup media).
Disclosure
1. The Contractor, and its Subcontractors/Vendors, shall ensure that all PSCI is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State policies.
2. The Contractor, and its Subcontractors/Vend ors, shall protect from unauthorized disclosure, PSCI such as names and other identifying information concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant.
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3. “Personal identifying information” shall include, but not be limited to, name, identifying number, social security number, state driver’s license or state identification number, financial account numbers, symbol or other identifying characteristic assigned to the individual, such as fingerprint, voiceprint, or a photograph.
4. The Contractor, and its Subcontractors/Vendors, shall not use PSCI above for any purpose other than carrying out the Contractor’s obligations under this Agreement.
The Contractor and its Subcontractors are authorized to disclose and access identifying information for this purpose as required by OAA.
5. Contractor, and its Subcontractors/Vendors, will not, except as otherwise specifically authorized or required by this agreement or court order, disclose any identifying information obtained under the terms of this agreement to anyone other than the Area Agency and/or the California Department of Aging without prior written authorization from the Area Agency and/or the California Department of Aging. Contractor may be authorized, in writing, by a participant to d isclose identifying information specific to the authorizing participant.
6. Contractor, and its Subcontractors/Vendors, may allow participants to authorize the release of information to specific entities, but shall not request or encourage any participant to give blanket authorization to sign a blank release, nor shall Contractor accept such from any participant. The Contractor may allow a participant to authorize the release of information to specific entities but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant.
Security Awareness Training Requirement
The Contractor’s employees, Subcontractors/Vendors, and volunteers handlin g PSCI must complete the required CDA Security Training module located at https://aging.ca.gov/Information_security/ within thirty (30) days of the start date of the Contract/Agreement, within thir ty (30) days of the start date of any new employee, Subcontractor, Vendor or volunteer’s employment and annually thereafter. The Contractor must maintain certificates of completion on file and provide them to VCAAA upon request.
Health Insurance Portability and Accountability Act (HIPAA) Contractor agrees to comply with the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) and ensure that Subcontractors/Vendors comply with the privacy and security requirements of HIPAA.
Security Incident Reporting
A security incident occurs when CDA information assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The Contractor an d its Subcontractors/Vendors, must comply with CDA’s security incident reporting procedure located at https://www.aging.ca.gov/ ProgramsProviders/Information_Security_and_Privacy/Default.aspx
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Security Breach Notifications
Notice must be given by the Contractor, and/or its Subcontractors/Vendors to anyone whose PSCI could have been breached in accordance with HIPAA, the Information Practices Act of 1977, and State policy.
Software Maintenance
The Contractor, and its Subcontractors/Vendors, shall apply security patches and upgrades in a timely manner and keep virus software up to date on all systems on which State data may be stored or accessed.
Electronic Backups
The Contractor and its Subcontractors/Vendors shall ensure that all electronic information is protected by performing regular backups of files and databases and ensure the availability of information assets for continued business. The Contractor, and its Subcontractors/Vendors, shall ensure that all data, files and backup files are encrypted.
Article VI: State Licensure Requirements
Contractor represents or warrants that it possesses or will possess all necessary licenses, permits, notices and certificates required to provide the services which are the subject of this agreement prior to the commencement date of the agreement.
In the event that Contractor generates program income from a program funded by this agreement, this income must be reported and expended under the same terms and conditions as the program funds from which it is generated. Program income must be used to expand baseline services and be used to pay for current allowable costs of the program in the same fiscal year that the income was earned. For programs funded by Title III B, Title III C, Title III D, Title III E, Title VII Ombudsman and Title VII-A Elder Abuse Prevention programs, program income must be expended prior to drawing down additional funds as required in [2 CFR 200.305(b)(5)] and [2 CFR 200.307(e)] and may reduce the total amount of contract funds payable to Contractor. Program income may not be used to meet the matching requirements of this contract.
Article VII: Nondiscrimination
Contractor shall comply with all federal and state statutes relating to nondiscriminatio n, including those contained in the Contractor Certification Clauses (CCC1005) which is hereby incorporated by reference. These include but are not limited to: (a) Title VII of the Civil Rights Act of 1964 (42 USC 2000e et. seq.), as amended by the Equal Opportunity Act of March 24, 1972 (Public Law 92-261); (b) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color, or national origin; (c) Title IX of the Education Amendments of 1972, as amended (20 USC §§ 1681 -1683, and 1685-1686), which prohibits discrimination on the basis of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), which prohibits discrimination on the basis of handicap; (e) the Age Discrimination Act of 1975, as amended (42 USC §§6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to non -discrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation 1a/11-22
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Act of 1970 (P.L. 91-616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 USC §§ 290 dd-3 and 290 ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Cal. Gov. Code § 11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of state financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability (22 CCR § 98323), Title VII of the Civil Rights Act of 1968 (42 USC §§ 43601 et seq.) as amended, relating to nondiscrimination in the sale, rental or refinancing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and, (k) the requirements of any other nondiscrimination statute(s) which may apply to this agreement.
California Civil Rights Laws
The Contractor shall ensure compliance with the requirements of California Public Contract Code § 2010 by submitting a completed California Civil Rights Laws Certification, prior to execution of this Agre ement. The certificate is available at:
http://www.dgs.ca.gov/ols/Forms.aspx
The California Civil Rights Laws Certification ensures Contractor compliance with the Unruh Civil Rights Act (Cal. Civ. Code § 51) and the Fair Employment and Housing Act (Cal. Gov. Code § 12960 ) and ensures that Contractor internal policies are not used in violation of California Civil Rights Laws.
Contractor shall comply with the Americans with Disabilities Act (ADA) of 1990 , which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 USC §§ 12101 et seq.)
Inquiries and Complaints Regarding National Origin
Contractor must designate an employee to whom initial complaints or inquiries regarding national origin can be directed. The name of the designated individual shall be provided to the VCAAA Grants Administrator. Complaints relating to national origin discrimination shall be handled by the Contractor. If the complaint is not resolved, the complainant shall be provided to the VCAAA Grants Administrator. The Contractor shall notify VCAAA immediately of a complaint alleging discrimination based upon a violation of State or federal law. [2 CCR 11162, 22 CCR 98310, 98340]
Limited English-Speaking Participants
Contractor agrees to provide the Ventura County Area Agency on Aging with the following information regarding program participants: number or proportion of limited English - speaking (LEP) persons likely to be encountered by the program, frequency with which LEP individuals come in contact with the program, nature and importance of the services provided to people’s lives.
This group-needs assessment will serve as the basis for the Contractor’s determination of “reasonable steps” and provide documentary evidence of compliance with Cal. Gov.
Code § 11135 et seq., 2 CCR 11140, 2 CCR 11200 et seq., and 22 CCR 98300 et seq.
Contractor shall take reasonable steps, based upon the group -needs assessmen t 1a/11-22
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identified above, to ensure that “alternative communication services” are available to non- English speaking or LEP beneficiaries of services under this Agreement. [2 CCR 11162]
Based on findings of the group-needs assessment, the Contractor shall ensure reasonable alternative communication services are available to meet the linguistic needs of identified eligible client population groups at key points of contact. Key points of contact include, but are not limited to, telephone contacts, office visits and in-home visits. [2 CCR 11162]
“Alternative communication services” include, but are not limited to, the provision of services and programs by means of the following: Interpreters or bilingual providers and provider staff, contracts with interpreter ser vices, use of telephone interpreter lines, sharing of language assistance materials and services with other providers, translated written information materials, including but not limited to, enrollment information and descriptions of available services and programs and referral to culturally and linguistically appropriate community service programs.
Article VIII: Training
Contractor agrees to participate in staff training and development programs provided by the Area Agency, California Department of Aging, Administration on Aging, or any of their agents. Contractor shall make budget provisions to pay for the travel, per diem, and tuition costs of such efforts as required or necessary.
Article IX: Lobbying Certification
Contractor certifies to the best of its knowledge and belief that:
1. No federally appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of a federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continua tion, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office r or employee of any federal agency, a member of Congress, or an officer or employee of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form t o Report Lobbying” in accordance with its instructions. The form is available upon request from the Area Agency.
3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This cer tification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1a/11-22
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Article X: Subcontracts and Assignments
In the event any subcontractor or assignment is utilized by Contractor for any portion of the project, Contractor retains the prime responsibility for carrying out all of the terms of this agreement, including, but not limited to, the responsibility for preserving the State’s copyrights and rights in data, for handling property in accordance with Article XVIII of this agreement, and the responsibility for ensuring the availability and retention of records of subcontractors and assignments in accordance hereto.
No subcontract or assignment utilizing funds from this agreement shall be entered into which has a term extending beyond the ending date of this agreement as set forth in Article II hereto. Any subcontracts to provide program services under this agreement shall be approved in writing by an Area Agency designated representative and shall have no force or effect until so approved and will be subject to the provision of this agreement.
Purchase of i tems such as standard commercial supplies, office space, or printing services do not require a subcontract and do not require prior Area Agency approval. A copy of any executed subcontract or assignment must be forwarded to the Area Agency within thirty (3 0) days after the beginning of the subcontract or assignment. Contractor will be responsible for monitoring the insurance requirements of its subcontractors in accordance with Article XVI of this contract.
Conflict of Interest
1. The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, or other ties.
In the event that Area Agency determines that a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by Area Agency and such conflict may constitute grounds for termination of the Agreement.
2. This provision shall not be construed to prohibit employment of persons with whom the Contractor's officers, agents, or employees have family, business, or other ties, so long as the employment of such persons d oes not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.
Covenant Against Contingent Fees
1. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
2. For breach or violation of this warranty, CDA shall have the right to terminate this Agreement without liability or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.
Article XI: Recordkeeping
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Contractor shall maintain complete records (which shall include, but not be limited to:
accounting records; contracts; agreements; reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers; a summary worksheet of results from the audit resolutions performed for all subcontractors with supporting documentation; letters of agreement; insurance documentation in accordance with this contract; Memorandums and/or letters of understanding; patient or client records; and, electronic files) of its activities and expenditures hereunder in a form satisfactory to the Area Agency and the California Department of Aging in compliance with the laws and regulations of the State of California and the Department of Health and Human Services.
The financial records of Contractor as they pertain to this grant are subject to audit by the Area Agency. Contractor shall allow the California Department of Aging, the Co ntroller General of the United States, or duly authorized representatives of any of those entities, to inspect Contractor books and records at any time during the grant period, and for a minimum period of four (4) years after the expiration of the grant. Contractor shall maintain responsibility for such records, both during the grant period and for a minimum four (4) year period following the last transaction related to the grant. Records for non-expendable property must be retained for a minimum of four (4 ) years subsequent to the final disposition of this property. All original source documents must be retained until an audit resolution is completed or four (4) years from the end of the fiscal year/grant cycle, for which the document is prepared. The VCAAA recommends that Grantee/Contractor contact the VCAAA grants manager before disposing of any records.
If any unauthorized expenditures, unallowable expenditures, or irregularities are discovered, Contractor is responsible for making any necessary reparati on to the Area Agency. If an audit is commenced or discovers any unallowable expenditures or irregularities, the records must be kept by Contractor as long as necessary until the issue is satisfactorily resolved. After the authorized period has expired, co nfidential records shall be shredded and disposed of in a manner that will maintain confidentiality.
Article XII: Unexpended Funds
Contractor understands and agrees that there is no provision for carryover of unexpended grant funds at the end of the contract period. Any money obligated under the grant (even if in the possession of Contractor) but not needed to meet incurred obligations will be returned with the Financial Closeout Report to the Area Agency.
Article XIII: Audit and Closeout Requirements
Section 1
General
1. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, California Department of Aging (CDA) staff, and any entity selected by State to perform inspections, shall have the right to monitor and audit all Contractors providing services under this Agreement through on -site inspections, audits, and other applicable means the State determines necessary. In the event that Area Agency is informed of an audit by an 1a/11-22
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outside federal or State government entity affecting the Contractor, Area Agency will provide timely notice to Contractor.
2. Contractor shall make available all reasonable information necessary to substantiate those expenditures under this agreement are allowable and allocable, including, but not limited to books, documents, papers, and records. Contractor shall agree to make such information available to the Area Agency, the federal government, the State, or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.
3. All agreements entered into by the Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal or State government access to the supporting documentation of said audit firm(s).
4. The Contractor shall cooperate with and participate in any further audits, which may be required by the State, including CDA fiscal and compliance audits.
Section 2
Fiscal and Compliance Audits
1. The Area Agency shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
2. These fiscal and compliance audits may include, but not be limited to, a review of:
a. Financial closeouts (2 CFR 200.16 and 45 CFR 75.2)
b. Internal controls (2 CFR 200.303 and 45 CFR 75.303)
c. Allocation of expenditures (2 CFR 200.4 and 45 CFR 75.2) d. Allowability of expenditures (2 CFR 200.403 and 45 CFR 75.403) e. Equipment expenditures and approvals, if required (2 CFR 200.439 and 45 CFR 75.439)
Section 3
Single Audit Reporting Requirements (2 CFR 200 Subpart F and 45 CFR 75 Subpart F)
1. Contractor Single Audit Reporting Requirements
a. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104 - 156; 2 CFR 200.501 to 200.521 and 45 CFR 75.501 to 75.521. A copy shall be submitted to the Area Agency.
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b. The copy shall be submitted within thirty (30) days after receipt of the Auditor’s report or nine (9) months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversight agency.
c. For purposes of reporting, the Contractor shall ensure that Federal-Funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the Catalog of Federal Domestic Assistance (CFDA) number along with the related State-Funded expenditures. d. For contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number, and as passed through the Area Agency on Aging.
2. The Contractor shall perform a reconciliation of the total expenditures reimbursed under this contract, to the audited fina ncial statements, single audit, and general ledgers. The reconciliation to the Contractor ’s general ledger must be made available to the Area Agency on Aging for review, upon request.
3. The Contractor shall ensure that single audit reports meet 2 CFR 200 and 45 CFR 75, Subparts F-Audit Requirements.
4. Contract resolution includes:
a. Contractor that expends $750,000 or more in federal awards (not necessarily from the Area Agency) during the Contractor’s fiscal year shall meet the audit requirements of 2 CFR 200.501 – 200.521 and 45 CFR
75.501 to 75.521.
b. Contractor will ensure that appropriate corrective action has been taken to correct instances of non -compliance with federal laws and regulations.
Corrective action shall be taken within six months after the A rea Agency receives Contractor’s audit report.
c. Reconciling reported expenditures to the amounts identified in the single audit or other type of audit if the Contractor was not subject to the single audit requirements. For a Contractor who was not required to obtain a single audit and did not obtain another type of audit, the reconciliation of expenditures reported to the Area Agency must be accomplished through performing alternative procedures (e.g., risk assessment [2 CFR 200.331 and 45 CFR 75.352], docum ented review of financial statements, and documented expense verification, including match, etc.).
5. When alternative procedures are used, the Contractor shall perform financial management system testing, which provides, in part, for the following:
a. Accurate, current, and complete disclosure of the financial results of each federal award or program.
b. Records that identify adequately the source and application of funds for each federally funded activity.
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c. Effective control over, and accountability for, all fund s, property, and other assets to ensure these items are used solely for authorized purposes. d. Comparison of expenditures with budget amounts for each federal award. e. Written procedures to implement the requirements of 2 CFR 200.305. f. Written procedures for de termining the allowability of costs in accordance with 2 CFR Part 200 and 45 CFR Part 75, Subparts E - Cost Principles. [2 CFR 200.302 and 45 CFR 75.302]
g. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents.
h. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records.
6. The Contractor shall ensure that subcontractor single audit reports meet 2 CFR 200 and 45 CFR 75, Subparts F - Audit Requirements:
a. Performed timely – not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the Auditor’s report or nine (9) months after t he end of the audit period, whichever occurs first. [2 CFR 200 512 and 45 CFR 75.512] b. Properly procured – use procurement standards for auditor selection. [2 CFR 200.509 and CFR 75.509]
c. Performed in accordance with Generally Accepted Government Auditing Standards. [2 CFR 200.514 and 45 CFR 75.514]
d. All inclusive – includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinio n) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs. [2 CFR 200.515 and 45 CFR 75.515] e. Performed in accordance with provisions applicable to this program as identified in 2 CFR Part 20 0, and 45 CFR Part 75, Subpart F, Audit Requirements.
7. The Contractor shall be required to include in its contract with the independent Auditor that the Auditor will comply with all applicable audit requirements and standards. Contractor shall permit indep endent auditors to have access to the records and financial statements as necessary for Contractor to comply with OMB Circular A-133.
8. The Contractor shall disclose to the Area Agency whether audit findings were issued; and, if applicable, any communication or follow -up performed to resolve the findings.
9. A reasonably proportionate share of the costs of audits required by and performed in accordance with the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are al lowable. However, the following audit costs are unallowable:
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a. Any costs when audits required by the Single Audit Act and 2 CFR 200 and 45 CFR 75, Subparts F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith; and b. Any costs of auditing a nonfederal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR 200 and 45 CFR 75, Subparts F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year. (1) The costs of a financial statement audit of a nonfederal entity that does not currently have a federal award may be included in the indirect cost pool for a cost proposal.
(2) Pass-through entities may charge federal award s for the cost of agreed-upon procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act and 2 CFR 200 and 45 CFR 75, Subparts F – Audit Requirements.
This cost is allowable only if the agreed -upon proce dures engagements are conducted in accordance with Generally
Accepted Government Auditing Standards (GAGAS) attestation standards, paid for and arranged by the pass -through entity, and limited in scope to one or more of the following types of compliance requirements: activities allowed or not allowed; allowable costs/cost principles; eligibility; and reporting. [2 CFR 200.425]
Article XIV: Indemnity
1. All activities and/or work covered by this Agreement shall be at the risk of Contractor alone. Contractor agrees to defend (at Area Agency’s request), indemnify, and hold harmless the Area Agency and the County of Ventura, including all of its boards, districts, agencies, departments, officers, employees, agents and volunteers, against any and all claims and losses, lawsuits, judgments, debts, demands and liability, injuries or death of persons and/or damages to property arising directly or indirectly out of the obligations herein described or undertaken, or out of operations conducted or subsidized in whole o r in part by Contractor, save and except claims or litigation arising through the sole negligence or wrongdoing and/or sole willful misconduct of the Area Agency and the County of Ventura.
Contractor further agrees to indemnify, defend, and hold harmless the Area Agency, the County of Ventura and the California Department of Aging, their officers, agents, and employees from any and all liability, claims and losses, damages or expenses, including reasonable attorney fees arising from all acts or omissions t o act of contractor or its officers, agents or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages or expenses arising from Agency’s sole negligence or willful acts accruing to or resulting from any subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this agreement were used and from any and 1a/11-22
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all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Contractor in the performance of this agreement.
2. Contamination and Pollution. Contractor, solely at its own cost and expense, will provide cleanu p of any premises, property, or natural resources contaminated or polluted due to Contractor activities. Any fines, penalties, punitive or exemplary damages assigned due to contamination or polluting activities of Contractor will be borne entirely by Contractor. Any Contractor receiving more than $100,000 in funding shall comply with all orders or requirements issued under the following laws: Clean Air Act, as amended (42 USC 1857); Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.); Environmental Protection Agency Regulations (40 CFR, Part 15 and Executive Order 11738), State Contract Act [Cal. Pub. Con. Code §10295 et seq.], and Unruh Civil Rights Act [Cal. Pub. Con. Code § 2010].
3. Contractor, and the agents and employees of Contractor, in the performance of this Agreement, duties, and obligations, and in the exercise of the rights granted under this Agreement shall act in an independent capacity and not as officers or employees or agents of the Area Agency, the County of Ventura or the State of California.
4. If, in the performance of this Agreement, Contractor chooses to associate, subcontract with, or employ any third person in carrying out its responsibilities under this Agreement, any such third person shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of association, subcontract or employment, including hours, wages, working conditions, discipline, hiring and discharging, or any other terms of association, subcontract or employment o r requirements of law, shall be determined by Contractor, and the Area Agency shall have no right or authority over such persons or the terms of their association, subcontract or employment, except as provided in this Agreement. Neither Contractor nor any such person shall have any claim under this Agreement or otherwise against the Area Agency for sick leave, vacation pay, retirement benefits, social security benefits, workers’ compensation, disability, unemployment insurance benefits, or employee benefits of any kind.
5. The Contractor, and its Subcontractor/Vendors, shall comply with Governor’s Executive Order 2-18-2011, which bans expenditures on promotional and marketing items colloquially known as “S.W.A.G.” or “Stuff We All Get.”
6. Contractor is an independent contractor and shall hold the Area Agency and the County of Ventura harmless from any and all claims that may be made against the Area Agency or the County of Ventura based upon any contention by any third party that an employer- employee relationship exists by reason of this Agreement. The Area Agency is not required to make any deductions from the compensation payable to Contractor under the provisions of this Agreement. Contractor shall be solely responsible for self - employment social security taxes, income taxes and any other taxes levied against it.
Contractor does not assign such obligation to the Area Agency for collection or administration except as may be required by federal and state statutes.
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Contractor further agrees to hold the Area Agency harmless from, and to compensate the Area Agency for, any claims against the Area Agency for payment of state or federal income or other tax obligations relating to Contractor’s compensation under the terms of this Agreement.
Article XV: Insurance
The County of Ventura requires that all contractors (grantees) indemnify and defend the County for liability incurred as a result of actions associated with the proposed project, and carry insurance as required for the proposed contract. Contractor, at its sole cost and expense, shall obtain and maintain in full force during the term of this agreement, adequate liability insurance to cover all activities of Grantee necessary to fulfill Grantee’s obligations under this Agreement. It is understood and agreed that the Area Agency reserves the right to determine the type and extent of insurance that may be required.
1. Prior to commencement of any contract, contractor shall provide the VCAAA proof of the following insurance:
(a) Commercial General Liability “occurrence” coverage in the minimum amount of $1,000,000 combined single limit (CSL) bodily injury & property damage each occurrence and $2,000,000 aggregate, including personal injury, broad form property damage, products/completed operations, broad form blanket contractual and $50,000 fire legal liability.
(b) Commercial Automobile Liability coverage in the minimum amount of $1,000,000 CSL bodily injury & property damage, including owned, non-owned, and hired automobiles. Also, to include Uninsured/Underinsured Motorists coverage in the minimum amount of $100,000 when there are owned vehicles.
Contractor must have on file evidence of auto insurance in the minimum amount of $100,000 CSL bodily injury & property damage for all emp loyees and volunteers associated with the contract.
(c) Workers’ Compensation coverage, in full compliance with California statutory requirements, for all employees of Contractor and Employer's Liability in the minimum amount of $1,000,000.
2. All insurance required shall be primary coverage in respect to the Area Agency and the County of Ventura, and any insurance or self -insurance maintained by the Area Agency and the County of Ventura shall be in excess of Contractor’s insurance coverage and shall not contribute to it.
3. The County of Ventura and the Ventura County Area Agency on Aging are to be named as Additional Insured with respect to work done by Contractor under the terms of this Agreement on all policies required (except Workers’ Compensation).
4. Contractor agrees to waive all rights of subrogation against the County of Ventura and the Ventura County Area Agency on Aging for losses arising directly or indirectly from the activities and/or work performed by Contractor under the terms of this agreement (applies only to Commercial General Liability and Workers’ Compensation). 1a/11-22
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5. The Area Agency is to be notified immediately if any aggregate insurance limit is not met. Additional coverage must be purchased to meet requirements.
6. Policies will not be canceled, non -renewed, or reduced in scope of coverage at any time that said policies are required by this agreement until after 30 days’ written notice has been given to the Area Agency and approved in writing by the Area Agency. If the reason for cancellation is non -payment of the insurance premium, 10 days’ written notice is acceptable.
7. Contractor agrees to provide the Area Agency with the following insurance documents on or before the effective date of this contract:
(a) Certificates of Insurance for all required coverag es. The Area Agency shall be named the certificate holder and the address must be listed on the certificate. (b) Additional Insured endorsements naming the Area Agency and the County of Ventura and authorized with a signature by the insurance carrier. (c) Waiver of Subrogation endorsement (aka: Waiver of Transfer Rights of Recovery Against Others, Waiver of Our Right to Recover from Others).
8. If Contractor fails to maintain insurance as required, Area Agency shall have the right, but not the duty, to purchase any such required insurance on Contractor’s behalf (a) utilizing grant funds and/or (b) with Contractor obligated to reimburse Area Agency promptly for all such costs not paid by Area Agency directly out of grant funds. Failure to maintain adequate insurance a nd/or bonds pursuant to Article XVI(a) hereof shall constitute a material breach for which the Area Agency may terminate this Agreement effectively by giving written notice to Contractor, or as other indicated in said notice.
Insurance coverage in the mini mum amounts set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it preclude Area Agency from taking such other actions as are available to it under any other provisions of this Agreement or otherwise by law.
9. If the Professional Liability coverage is “claims made,” Contractor must, for a period of three (3) years after the date when contract is terminated, completed or non-renewed, maintain insurance with a retroactive date that is on or before the start date of this agreement OR Contractor must purchase an extended reporting period endorsement (tail coverage). The Area Agency may withhold final payments due until satisfactory evidence of the tail coverage is provided by Contractor to the Area Agency.
Article XVI: Grant Modifications
Any revision, waiver, or modification of this agreement must be approved in writing by the Area Agency by amendment to this agreement.
Article XVII: Equipment and Property (per State Contract Manual – Section 3.17.2)
1. Unless otherwise provided for in this Article, property refers to all assets, capitalized or non -capitalized, used in operation of this Agreement. Property includes land, buildings, improvements, machinery, vehicles, furniture, tools, and intangibles, etc. 1a/11-22
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Property does not include consumable office supplies such as paper, pencils, typing ribbons, file folders, etc.
2. Equipment/Property with per unit cost over $5,000 or any computing devices, regardless of cost requires justification from Area Agency and approval from CDA.
3. Property acquired under this agreement, which meets any of the following criteria is subject to the reporting requirements:
(a) Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup, is considered a unit, if purchased as a unit).
(b) All computing devices, regardless of cost (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones and cellphones).
(c) All Portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).
4. Non-capitalized property includes those items which do not meet all three requirements in this Article, Section B above.
5. Additions, improvements, and betterments to assets meeting all of the conditions in Section 2(b) above must be capitalized. Additions typically involve physical extensions of existing units. Improvements and betterments typically do not increase the physical size of the asset. Instead, improvements and betterments enhance the condition of an asset (e.g., extend life, increase service capacity, and lower operating costs). Examples of assets that might be improved and bettered include roads, bridges, curbs and gutters, tunnels, parking lots, streets and sidewalks, drainage, and lighting systems.
6. Intangibles are property which lack physical substance but give valuable rights to the owner and can be capitalized or non -capitalized. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible equipment (e.g., computer printer, terminal, etc.).
Costs include all amounts incurred to acquire and to ready the intangible asset for its intended use. Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.
7. The Contractor shall utilize procurement procedures as follows:
a. The Contractor shall obtain goods and services through open and competitive awards. Each Contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.
b. For goods and services purchased with Title III or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exception is contained in 22 CCR 7360(a). The Contractor issuing a noncompetitive award must comply with 22 CCR 7360(b)-(d).
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8. Any equipment purchased under Older Americans Act programs will be subject to review over the life of the equipment and, if not used, underused, or misused, may be claimed by the Area Agency.
9. The State shall retain title to all equipment purchased wholly or in part with federal and state funds under this contract.
10. Contractor is required to keep records of the following information when property is purchased with Grant funds. This information s hould include the date acquired, property description (including model number), property identification number, serial number, rate of depreciation (or depreciation schedule) if applicable, and cost. This information is to be provided to the Area Agency.
CDA tag number or other tag shall identify property purchased with Grant funds as State of California property. The asset tag shall be affixed to equipment/ property with per unit cost of $5,000 or more.
Contractor shall keep track of all property purchas ed with Grant funds from this Agreement, whether capitalized or not. Contractor shall submit to the Area Agency annually, with the Closeout Financial Report, a current inventory of property furnished or purchased by Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose.
The Contractor shall record, at minimum, the following information when property is acquired:
(a) Date acquired.
(b) Item description (include model number).
(c) CDA tag number.
(d) Serial number (if applicable).
(e) Purchase cost or other basis of valuation.
(f) Fund source.
Any loss, damage, or theft of equipment shall be investigated, fully documented and the Contractor shall promptly notify VCAAA.
11. Prior to the disposal of any non -expendable property purchased with grant funds, Contractor must obtain permission from the Area Agency regardless of the acquisition value. Disposition, which includes sale, trade -in, discarding, or transfer to another agency, may not occur until approval is received from the Area Agency.
12. Contractor shall inform Area Agency within three days in the event of the loss, destruction, or theft of grant-purchased non-expendable property.
13. Contractor shall exercise due care in the use, maintenance, protection and preservation of such property during the period of the project and shall assume responsibility for replacement or repair of such property during the period of the 1a/11-22
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project, until Contractor has complied with all written instructions from the Area Agency regarding final disposition of the property.
14. Contractor shall use the property for the purpose for which it was intended under this agreement. When no longer needed for that use, Contractor shall use it if needed, and with written approval of the Area Agency, for other purposes in this order:
(a) For another California Department of Aging program providing the same or similar service; or,
(b) For another California Department of Aging funded program; or, (c) For another state or federally funded program.
Contractor shall not use equipment or supplies acquired under this agreement with federal and/or state monies for personal gain or to usurp the competitive advantage of a privately owned business entity.
Article XVIII: Debarment, Suspension, and other Responsibility Matters
Contractor certifies to the best of its knowledge and belief, that it or its agents:
1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency.
2. Have not, within a three-year period preceding this Agreement, been convicted of, or had a civil judgment rendered against them, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlements, theft, forgery, bribery, falsification or destruction of records, making false statements, or re ceiving stolen property;
3. 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 enumerated in paragraph (a)(2) of this certification; and,
4. Have not, within a three-year period preceding this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default.
Contractor shall report immediately to the Area Agency in writing any incidents of alleged fraud or abu se. Contractor will maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the Area Agency on Aging.
Article XIX: Living Wage Ordinance
This contract is subject to the County of Ventura Living Wage Ordinance (“O rdinance”).
The Ordinance requires the payment of a living wage and accompanying paid time off to all covered employees engaged in providing services pursuant to a service contract as defined in Sec.4952 (f). Misrepresentation during the procurement or contracting process in order to secure the contract will disqualify a bidder or contractor from further consideration in the procurement or contracting process. Failure to comply once a contract has been awarded will constitute a material breach of the contra ct and may result, among other things, in the suspension or termination of the affected contract and 1a/11-22
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debarment from future County contracting opportunities for a period not to exceed three years. 501 (c)(3) nonprofit organizations are exempt from the Ordinance.
Article XX: Termination of Grant
Section 1
Older Americans Act funds awarded under this grant may be terminated by the Area Agency at any time for non-compliance with any of the terms and conditions of this grant provided that at least thirty (30) days’ written notice is given to Contractor.
Section 2
The Contractor may terminate this grant at any time, for reasons of its own choosing.
Section 3
Contractor shall promptly notify the Area Agency of any intention to terminate responsibility for utilizing the specified grant funds.
Section 4
This contract may be terminated on twenty -four (24) hours’ notice in the event the allocation to the Area Agency of Older Americans Act and/or state funds are reduced, suspended, or terminated for any reason. Cont ractor hereby expressly waives any and all claims against the Area Agency for damages arising from the reduction, suspension, or termination of the federal and/or state funds provided to the Area Agency, under which this agreement is made, or to the portion thereof delegated by this agreement.
Section 5
In the event that Contractor dissolves or terminates this contract, Contractor shall provide a final property inventory to the Area Agency.
Article XXI: Access
Contractor shall provide access to the federal or state agency, Bureau of State Audits, the Controller General of the United States and the Area Agency, or any of their duly authorized federal or state representatives, to any books, documents, papers, records, and electronic files of Contractor which are directly pertinent to this specific Agreement for the purpose of making an audit, examination, excerpts, and transcriptions.
Article XXII: Monitoring
1. Authorized State representatives and Area Agency representatives shall have the right to monitor, assess, and evaluate Contractor’s performance pursuant to this Agreement. Said monitoring, assessment, and evaluation may include, but is not limited to: audits, inspections of project premises, interviews of project staff and participants and, when applicable, inspection of food preparation sites. 1a/11-22
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2. Contractor shall cooperate with the State and the Area Agency in the monitoring, assessment and evaluation processes, which include making any administrative program and fiscal staff available during any scheduled process.
Article XXIII: Contract for Responsibility and Notification
Section 1
The Director of the Ventura County Area Agency on Aging, or designee, shall be the Area Agency’s representative for purposes of administering this agreement. The Program Manager/Director shall represent Contractor. If the Contractor’s representative changes, Contractor agrees to immediately notify the VCAAA’s Grants Administrator.
Section 2
Any notice or notices required or permitted to be given pursuant to this agr eement may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following address:
AREA AGENCY:
Ventura County Area Agency on Aging
L#4450
646 County Square Drive, Suite 100,
Ventura, CA 93003-9086
CONTRACTOR:
At address shown on Page 1 of this
Agreement.
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IN WITNESS THEREOF, the Area Agency and Contractor have executed this Agreement as of the date first written above.
COUNTY OF VENTURA
Area Agency on Aging
By:
Authorized Purchasing Agent
GSA Procurement, County of Ventura
Date
CONTRACTOR
By: Brian Paul Gabler
(Signature over Printed Name of
Authorized Signatory)
City Manager
(Title of Authorized Signatory)
Date
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EXHIBIT A
FY2022-2023
SCOPE OF WORK
CONTRACTOR: CITY OF SIMI VALLEY
PROJECT: NUTRITION INFRASTRUCTURE (NI 2223-18)
Contractor agrees to purchase the items listed below under this contract.
**Successful applicant will be required to provide a list of existing fleet vehicles and the reason the existing fleet cannot meet ongoing program needs Requestor Equipment Request Total Column1
City of Simi Valley (SNP) Side by Side (Freezer) T-49f $8,000.00 City of Simi Valley (SNP) Food Slicer (Blades) $1,000.00 City of Simi Valley (SNP) **Food Delivery Vehicle $37,000.00 City of Simi Valley (SNP) Storage Shed (SNP Emergency Water storage) $3,000.00 City of Simi Valley (SNP) Kitchen floor maintenance (tile & grout sealant) $4,000.00 City of Simi Valley (SNP) Replace Kitchen wall corner guards $400.00 City of Simi Valley (SNP) Kitchen back-up generator (18,000 K watts) $4,000.00 City of Simi Valley (SNP) Dining room floor repairs (wood floor sanding & refinishing) $21,000.00 City of Simi Valley (SNP) Handheld meal scanner (SNP/MCS) $1,500.00 Total City of Simi Valley (SNP) Sound and AV system repairs/upgrades (MPR/SNP) $20,000.00 $99,900.00 1a/11-22
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