Montclair City Council
June 6, 2022

This Proof of Authority must be maintained on file and readily available upon request.

2. Will give the awarding agency, the Controller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

4. The period of performance is specified ln the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR. 900, Subpart F).

6. Will comply with all Federal statutes relating to nondiscrimination. See Articles XI, XII, XIII, XIV, XV, and XVI. above.

These include but are not limited to: (a) 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; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; {c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) which prohibits discrimination on the basis of handicaps; (d) Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age. ln addition, the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-2S5), as amended, relating to nondiscrimination on the basis of drug abuse; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;§§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records. records; (h) Title VIII of the Civil Right Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, m the requirements of any other nondiscrimination statute(s) which may apply to the application. See Articles XI, XII, XIII, XIV, XV, XVI, and XVII. And any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and the requirements of any other nondiscrimination statute(s) which may apply to the application.

7. Will comply, or has already complied, with the requirements of Titles II and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases.

8. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874}, and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-

33.3), regarding labor standards for federally assisted construction sub-agreements. 1 O. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; and the National Flood Insurance Act of 1968.

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11. Will comply with environmental standards which may be prescribed pursuant to the following: institution of environmental quality control measures under NEPA as amended, see Article XXI; Article XIX; Article XXIV; Article XXVI; and Executive Order (EO) 11514; notification of violating facilities pursuant to EO 11738; evaluation of flood hazards in floodplains in accordance with EO 11988; assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93- 523); and protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).

12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, Pub. L. No. 91-190, § 102, 42 U.S.C. §§ 4321-4347; and National Historic Preservation Act of 1966, as amended, Pub. L. No. 89-665, § 102, 16 U.S.C. § 470. All proposed construction and renovation activities must undergo an Environmental Planning and Historic Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action related to the project. Any applicant that is proposing a construction project should pay special attention to the EHP requirements.

14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance.

16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

17. Will cause to be performed, the required financial and compHance audits in accordance with the Single Audit Act Amendment of 1996 and Title 2 of the Code of federal Regulations, Part 200, Subpart F Audit Requirements.

18. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the NIMS Is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity.

19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. This includes all requirements, restrictions and regulations identified in the FY 2020 EMPG Federal Notice of Funding Opportunity, FEMA Preparedness Grants Manual, and the FY 2020 EMPG California Supplement to the Federal Notice of Funding Oppottunity.

20. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-discrimination during the useful life of the project.

21. Will comply with the requirements of the assisting awarding agency regarding the drafting, review and approval of construction plans and specifications.

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22. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State.

23. Will comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109- 282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FF AT A, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.

24. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance.

25. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. This includes all requirements, restrictions and regulations identified in the Cal OES FY 2021 EMPG Program - California Supplement to the Federal Program Funding Opportunity Announcement; or, The State Guidance.

26. Will comply with the following: (a) All recipients of flnancial assistance must acknowledge and agree-and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree-to comply with applicable provisions governing Cal OES access to records, accounts, documents, information, facilities, and staff; (b) Recipients must cooperate with any site vlsit, compliance/monitoring review or complaint investigation conducted by Cal OES; (c) Recipients must give Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by Cal OES regulations and other applicable laws or program guidance; (d) Recipients must submit timely, complete, and accurate reports to the appropriate Cal OES officials and maintain appropriate backup documentation to support the reports; and (e) Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in the program guidance.

27. Will comply with the EM PG-Funded Personnel Training and Exercise Requirement. All recipients of financial assistance must acknowledge and agree-and require any subrecipients, to acknowledge and agree-to comply with the EM PG-funded personnel training and exercise requirement, as detailed in both the Federal and State program guidance. Failure to comply with this requirement, by individuals whose salary is funded in part or whole with EMPG, as well as personnel whose salary is used as a match, may result in the incurred salary costs associated with the noncompliant EM PG-funded personnel from being eligible for reimbursement and/or result in the recipient's repayment of already disbursed grant funding associated with the non-compliant EM PG-funded personnel's salary-related costs.

ASSURANCES REGARDING SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

1. Subreclpient shall submit (to SBCFPD/Grants Administration) a copy of their procurement policies with their application.

Subrecipient shall adhere to its own documented procurement procedures provided that the procurements conform to applicable federal law and standards identified in 2 CFR. 200.318 through 200.326. If the subrecipient's procurement procedures overlap local, state and federal policies, the subrecipient must follow procedures that allows them to be in compliance with all applicable layers (often referred to as the most restrictive standard).

2. Subrecipient shall attach Request for Proposals, bid advertisements, and/or photocopies of valid quotes from qualified vendors, etc. to Reimbursement Requests when procurement policies require such procedures in the purchasing of grant equipment. Valid quotes must be obtained prior to the purchase date. Quotes obtained after the date of purchase will not be considered valid. Subrecipient shall take and keep on file color photographs of each equipment item/lot purchased with EMPG funds at the time of acquisition and make available upon notice during any said SBCFPD MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 146 of 347 FY2021 EMPG/ARPA PROGRAM SUBRECIPIENT AGREEMENT

inventories. Subrecipient is also required to attach color copies to the Reimbursement Request of the color photographs of each equipment item/lot purchased with EMPG funds.

3. Subrecipient will not make any award or permit any award (sub-grant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". Suspended or debarred suppliers can be located on https://sam.gov/content/home

4. A copy of the search results must be included with applicable reimbursement requests. Please note that the absence of a party's name at the above website does not mean that the party has been debarred. Many suppliers are not registered in the SAM system. Subrecipient need only to verify that suppliers receiving grant funds are not debarred or suspended. Subrecipient should search for the company name and the owner's name to ensure that no supplier participants are debarred.

5. Subrecipient must maintain all payment documents and procurement records for grant purchases/expenditures for three (3) years after the close of the grant, which occurs when the California Office of Emergency Services (CalOES) has filed the final report. Subrecipient must notify County Grants Administration prior to purging or destroying any and all supporting documentation for the EMPG grant program, including expense related documents.

6. Subrecipient shall immediately report to (SBCFPD/Grants Administration) all damaged, lost or stolen equipmenUproperty that is purchased with grant funds per 2 CFR § 200.313. Subrecipient must be complete and return the attached "Damaged, Lost, or Stolen Report (DLSR) Form" to SBCFPD/Grants Administration for reporting to Ca!OES.

7. It shall be the responsibility of the Subrecipient to track and maintain all equipment on a generally accepted accounting system. Subrecipient shall record equipment at the time of acquisition and/or print equipment records upon request should SBCFPD/Grants Administration request periodic progress reports on the location and condition of grant purchased equipment to forward to Cal OES when necessary.

8. Contract provisions: A subrecipient's contract must contain provisions as noted in the sub-section below. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurements Policy.

A. Termination for cause and for convenience by the subrecipient including the manner by which it will be affected and the basis for settlement. (All contracts more than $10,000) B. Notice of awarding agency requirement and regulations pertaining to reporting.

C. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract.

D. Awarding agency requirements and regulations pertaining to copyrights and rights in data.

E. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

9. Subrecipient is expected to submit "Functional Timesheets" and a Personnel Activity Report (PAR) for any employee funded by federal grants which reflects all hours worked for the pay period charged to the grant with grant hours reflected separately. Subrecipient must maintain time and effort reporting, and document the time they spend working on the grant's objectives. Documentation must reflect "actual" time spent on the grant by the employee with the acknowledgement of supervision (2 CFR 200.430).

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10. PARs and Functional Timesheets must display all hours worked by the employee being charged to the grant, not just the hours charged to the grant activity. Grant hours must be separated from other hours in accordance with 2 CFR. 200.430. Salaries and wages used in meeting cost sharing or matching requirements must be supported in the same manner as those claimed as allowable costs under federal awards.

11. Signing the certification means that the employee DID NOT spend any time on any other grant {direct or indirect) or on agency activities unrelated to the grant. Note that it is our understanding that anyone who is 100% funded is automatically audited. Salary costs that are not accurately and properly documented are "unallowable costs" and will not be reimbursed. If you have been reimbursed for salary that was not property recorded and supported, the State or Federal Governments may require your agency to pay back any "unallowable costs."

CERTIFICATIONS

1. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecip1ents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL/' Disclosure Form to Report Lobbying," in accordance with its instructions.

Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT):

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As required by Executive Order 12549 - Debarment and Suspension, and implemented in 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension:

A. The applicant certifies that it and its principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
2) Have not within a three-year period preceding this application 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entlty (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 application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

3. CERTIFICATIONS REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: This certification commits the applicant to compliance with the certification requirements under 28 CFR Part 83 Subpart B Government-wide Requirements for Drug-Free Workplace (Grants).

The grantee certifies that it will or will continue to provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
B. Establishing an ongoing drug-free awareness program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The grantee's policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation, and employee assistance programs; and 4) The penalties that may be imposed upon employees -for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (A);
D. Notifying the employee in the statement required by paragraph {A) that, as a condition of employment under the grant, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; E. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (D)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices.

Notice shall include the identification number(s) of each affected grant; F. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (0)(2), with respect to any employee who is so convicted:
1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 149 of 347 FY2021 EMPG/ARPA PROGRAM SUBRECIPIENT AGREEMENT

2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E) and (F).

4. SWEATFREE CODE OF CONDUCT:

A. All applicants contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The applicant further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 61 08.

B. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (A).

5. DOMESTIC PARTNERS: For subgrants executed or amended after July 1, 2004, the applicant may elect to offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section 10295.3.

However, the applicant cannot require an employee to cover the costs of providing any benefits which have otherwise been provided to all employees regardless of marital or domestic partner status.

TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or former state employees. If subgrantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Public Contract Code §10410):

A. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

B. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):

A. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.

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B. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and applicant affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Applicant assures the State that it complies 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 U.S.C. 12101 et seq.)

4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's name as listed on this Agreement.

Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

6. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the applicant shall not be:
1) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district;
2) Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the applicant has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective jurisdiction to the assurances and certifications listed above.

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- Printed Name and Title of Person Signing
Robert Avels, Executive Director, Office of Public Safety - - Date Executed 1112212021
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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PDT175/SCH125/SCH350
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–50 WITH CHAFFEY JOINT UNION HIGH

SCHOOL DISTRICT FOR SPECIALIZED LAW ENFORCEMENT SERVICES DURING FISCAL YEAR 2022–23, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY

ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–50 with Chaffey Joint Union High School District (CJUHSD) for one dedicated Safe School Zone Officer for assignment at Montclair High School.

Proposed Agreement No. 22–50 has been reviewed by the City Attorney and is attached for City Council’s review and consideration.

BACKGROUND: The City currently has an agreement with CJUHSD for a Safe School Zone/School Resource Officer (SRO). Pursuant to the terms of Agreement No. 22–50, CJUHSD would pay $110,916 toward the cost of a SRO. The Police Department would be obligated to provide the presence of one SRO for the high school for eight hours each school day.

This contract would be for the regular school year and includes summer school.

FISCAL IMPACT: Should this item be approved, CJUHSD would pay $110,916 toward the salary of an SRO beginning July 1, 2022, through the remainder of Fiscal Year 2022–23.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–50 with CJUHSD for specialized law enforcement services during Fiscal Year 2022– 23, subject to any revisions deemed necessary by the City Attorney.

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AGREEMENT

FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement is made and entered into this 1st day of July , 2022 by and between the City of Montclair (hereinafter referred to as CITY) and the Chaffey Joint Union High School District (hereinafter referred to as DISTRICT), both of whom understand as follows:

WITNESSETH
WHEREAS, the following services are to be performed subject to the conditions hereinafter set forth:

NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows:

A. Beginning with the school year through the end of the school year 2023, the CITY will perform specialized law enforcement services for the DISTRICT at and about the campus of Montclair High School. It is understood that these services are to be provided, to the extent possible, on regularly scheduled school days between 7:00 a.m. and 3:00 p.m., and during mutually agreed upon “in-service” or familiarization periods.

1. It is acknowledged that the provision of services may be interrupted by the normal working conditions experienced by law enforcement agencies, which include, but are not limited to: employee illness, court appearances, training requirements, prisoner transportation, emergency circumstances taxing on other departmental resources, etc. Should the interruption of services, for any reason, extend beyond two successive days, the CITY shall meet its obligation through the assignment of an alternate sworn employee.

B. This Agreement will allow the CITY, through its Police Department, to provide the following specialized law enforcement services to the DISTRICT:

1. One Sworn Community Oriented Officer, known as a Safe School Zone Officer, shall, through random patrol and their on-campus presence, strive to maintain a crime-free zone on and around each school campus.

2. Through the Safe School Zone Officer, provide a consistent and timely response to calls for assistance from the high school or concerning students from the high school.

3. Through the Safe School Zone Officer, provide a consistent liaison for the high school administration on law enforcement matters.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 154 of 347 Agreement No. 22-50

4. Through the Safe School Zone Officer, provide resources and materials necessary for classroom presentations on law enforcement matters.

5. Through the Safe School Zone Officer, maintain a physical presence on campus during the hours of approximately 7:00 a.m. and 3:00 p.m. on each school day subject to possible interruptions as described in paragraph A(1) above. While on campus, the role of the officer is to:
a. Act as a positive role model for students.
b. Facilitate a positive and interactive student/law enforcement relationship.
c. Maintain a proactive stance toward crime prevention and order maintenance.
d. Act as first responder to criminal conduct or order maintenance issues occurring on or about the high school campus.
e. Within the confines of the law, act as information resource for school administrators on matters of mutual concern.

C. In addition to the above, beginning with the summer session of 2022, the Safe School Zone Officer will provide services to the high school, adjusting the hours to the school schedule.

1. One Safe School Zone Officer will maintain a physical presence on campus each day during the regularly scheduled school hours.

D. In consideration for providing these services, the DISTRICT will pay to the CITY a total of $110,916 invoiced in two equal $55,458 amounts; the first during November 2022, and the second due in May 2023.

E. It is understood by both parties that the Safe School Zone Officer or other CITY officers providing this service shall remain CITY’s employee at all times. As such, the CITY shall be responsible for all employment costs, supervision, control, and assignment of said officers.

F. This Agreement is not assignable, either in whole or in part, by DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute.

G. If the DISTRICT in its reasonable discretion is dissatisfied with a School Zone Officer, the CITY shall assign a different School Zone Officer.

H. The School Zone Officer shall defer to the Principal in all school discipline issues, except those that place students, faculty and staff at risk of harm.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 155 of 347 Agreement No. 22-50

I. It will be the responsibility of the School Zone Officer to report all crimes originating on campus.

J. The School Zone Officer shall share information with the principal about persons and conditions that pertain to campus safety concerns.

K. The School Zone Officer shall coordinate all of his or her activities with the principal and staff members concerned and will seek permission, guidance and advice prior to enacting any programs within the school.

L. CITY shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the services or those engaged to perform services under this Agreement. CITY shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the services.

M. CITY is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement.

Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CITY or any of CITY’s agents or employees. CITY assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CITY, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.

TERMINATION OR MODIFICATION OF AGREEMENT
This Agreement shall end on June 30, 2023, unless extended by both the CITY and DISTRICT.

The CITY or DISTRICT may terminate all or any portion of this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30, 2023, DISTRICT shall pro-rate its final payment for services rendered at $11,916 per month.

CITY: City of Montclair
5111 Benito Street
Montclair, California 91763
DISTRICT: Chaffey Joint Union High School District
211 West Fifth Street
Ontario, California 91762

INDEMNIFICATION
DISTRICT shall defend, indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 156 of 347 Agreement No. 22-50

or property, in any manner arising out of any negligent or intentional or willful acts or omissions of DISTRICT under this Agreement.

CITY shall defend, indemnify and hold harmless the DISTRICT, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of CITY under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written.

CITY OF MONTCLAIR
Javier John Dutrey,
Mayor
ATTEST:

Andrea M. Myrick,
City Clerk

CHAFFEY JOINT UNION

HIGH SCHOOL DISTRICT
Dr. Kern Oduro,
Assistant Superintendent of Personnel
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 157 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: GRT225/PRK650
DEPT.: PUBLIC WORKS
PREPARER: S. STANTON
SUBJECT: CONSIDER AMENDING THE 2019–2024 CAPITAL IMPROVEMENT PROGRAM TO ADD

THE SUNSET PARK IMPROVEMENT PROJECT
CONSIDER APPROVAL OF AGREEMENT NO. 22–52 WITH L.D. KING, INC., FOR DESIGN

SERVICES FOR THE SUNSET PARK IMPROVEMENT PROJECT IN THE AMOUNT OF $248,990, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY

ATTORNEY
CONSIDER AUTHORIZING A $50,388 APPROPRIATION FROM CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION, PER CAPITA GRANT FUNDS AND A $198,602 APPROPRIATION FROM 2021 LEASE REVENUE BOND FUNDS FOR DESIGN

SERVICES FOR THE SUNSET PARK IMPROVEMENT PROJECT
REASON FOR CONSIDERATION: Engineering design services are required for the development of construction plans and specifications for the Sunset Park Improvement Project. Agreements for design services associated with these services require City Council approval. A copy of proposed Agreement No. 22–52 with L.D. King, Inc. is attached for City Council Review and Consideration.

BACKGROUND: The City recently obtained two separate grants associated with improvements to Sunset Park. On September 20, 2021, the City Council authorized staff to prepare an application for the California Department of Parks and Recreation, Per Capita Grant Program. Staff received notice that the application was successful and the City was awarded a total of $201,552 for the design and construction of the Sunset Park playground improvements. The project is identified by the California Department of Parks and Recreation as the Revitalization of Recreation Elements at Sunset Park.

On January 31, 2022, staff prepared and submitted an application for grant funding through the Clean California Local Grant (CCLG) Program, sponsored by the California Department of Transportation (Caltrans). On March 4, 2022, the City was notified of a grant award totaling $4,174,097. The awarded funds are for the construction costs associated with the Sunset Park Beautification Project. The two Sunset Park improvement grants total $4,375,649.

The Sunset Park Improvement Project will construct a bicycle trail, walking pathways, exercise stations, playground equipment, restrooms, shade structures, picnic tables, fencing, parking lot improvements, lighting, a new landscape irrigation system, and landscape improvements.

As part of the application process for the CCLG application, staff was faced with a minimal amount of time to prepare an application and meet the funding call deadline.

As with most grant applications, a quality and qualifying submittal requires some preliminary design work associated with the application submittal. Staff utilized the City’s on–call civil engineering services contract with L.D. King, Inc. to prepare the application exhibits that included a conceptual site plan and cost estimate that was used for the grant funding request.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 158 of 347 With L.D. King, Inc. having already performed the groundwork for the project’s design, staff requested a formal proposal from L.D. King, Inc. to complete plans and specifications for the construction of the project. The requested scope of services includes survey services, civil design services, landscape and lighting design services, preparation of a water quality management plan, geotechnical services, assistance with obtaining permits from the Army Corp of Engineers, and assistance with construction administration services. Staff was able to negotiate a service fee of $248,990 with L.D.

King, Inc. for the above–mentioned scope of work.

FISCAL IMPACT: Funding for this agreement is provided through two separate funding sources: the California Department of Parks and Recreation, Per Capita Grant Program, and 2021 Lease Revenue Bond Proceeds.

RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Sunset Park Improvement Project:

1. Amend the 2019–2024 Capital Improvement Program to add the Project;

2. Approve Agreement No. 22–52 with L.D. King, Inc. for design services for the Project in the amount of $248,990, subject to any revisions deemed necessary by the City Attorney; and

3. Authorize a $50,388 appropriation from the California Department of Parks and Recreation, Per Capita Grant funds and a $198,602 appropriation from 2021 Lease Revenue Bond funds for design services for the Project.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 159 of 347 Project Name:

Project Details:

Public Works/Engineering Department
Project No. (Assigned by Finance): 441
Phase Prior Years 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Total Fund/Program Environmental
Design 50,388.00 50,388.00 Per Capita
198,602.00 198,602.00 2021 LRB
Construction 151,164.00 151,164.00 Per Capita
4,174,097.00 4,174,097.00 Clean California
Total 0.00 0.00 0.00 248,990.00 0.00 4,325,261.00 4,574,251.00 Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 4,574,251.00
Revision Number:

Public Works/Engineering
Fiscal Years
Preparation Date: May 31, 2022 Department:

Contact/Ext.: M. Heredia
Infrastructure Fund
Capital Project Funding Information
Sunset Park Improvement Project
Design and Construction of Sunset Park. Improvements includes a bicycle trail, walking pathways, exorcise equipment, playground equipment, restrooms, shade structures, picnic tables, parking lot improvements, lighting, irrigation and landscape improvements.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 160 of 347

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

SUNSET PARK IMPROVEMENTS

ENGINEERING, SURVEY AND LANDSCAPING
THIS AGREEMENT is made and effective as of on June 7, 2022, between the City of Montclair, a municipal corporation ("City") and L.D. King, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 7, 2022 and shall remain and continue in effect for a period of 18 months until tasks described herein are completed, but in no event later than December 7 , 2023, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, and competently perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

Consultant shall have the duty to prepare any design documents free from defects.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $248,990 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Agreement No. 22-52
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 161 of 347 (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed Ten Thousand Dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed.

Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is in compliance with this Agreement. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 162 of 347 Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and to the extent the default is without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 163 of 347 from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law.

The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.

Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above.

This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 164 of 347 termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies.

No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
(g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 165 of 347 The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $2,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 166 of 347 including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

3. Restrict coverage to the “Sole” liability of contractor

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 167 of 347 a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement. (h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 168 of 347 In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/ Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 169 of 347 compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 170 of 347 party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq.

Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 171 of 347 To Consultant: L.D. King, Inc.
975 N. Haven Avenue, Suite 200
Ontario, CA. 91764

17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. CONTENTS OF REQUEST FOR PROPOSALS
Consultant is bound by the contents of City’s Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "D" hereto. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposals.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 172 of 347

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 173 of 347 fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier John Dutrey, Mayor Name:

Title:

Attest:

By: By:

Andrea M. Myrick, City Clerk Name:

Title:

Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 174 of 347

EXHIBIT A
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EXHIBIT B
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 177 of 347 Engineering, Surveying and Landscaping Services CITY OF MONTCLAIR Sunset Park
L.D. KING, INC. Updated May 10, 2022 Page 1 of 7
EXHIBIT “A”

SUNSET PARK IMPROVEMENTS

ENGINEERING, SURVEYING AND LANDSCAPING

SCOPE OF SERVICES
Updated 5/10/22
Agreement for Civil Engineering Services to provide Engineering, Surveying and Landscaping Services for the Sunset Park Improvements located at the northeast corner of Kingsley Avenue and the San Antonio Channel, in the City of Montclair

GENERAL
In general, this Scope of Services is for engineering, surveying, and landscaping services for the preparation of construction plan sets, easement documents, and US COE 408 Application, for Sunset Park Improvements.

ENGINEERING AND SURVEYING SERVICES
TASK 1 SURVEYING SERVICES

Boundary Research
• Research record maps and documents.
• Calculate boundary from current title report, reference maps and backup documents. • Recover and tie in existing boundary and centerline monumentation. • Analyze boundary and prepare base map.

Aerial Topographic Mapping
• Establish ground control for digital aerial topographic mapping. • Aerial photography and mapping (subconsultant).
• Prepare topographic map (40 scale, 1’ contours) with completed boundary.

Base File
• Prepare a base file with existing topo, structures and hardscape shown for use in sending to the landscape company and set up Army Corp. Plans. Collect FS elevations along the channel for use in designing trail.

TASK 2 ENGINEERING SERVICES
Concept Plan
• Prepare a Park Concept Plan based on the park plan provided for the Grant process. The Concept Plan to include the proposed parking lot, hardscape, bike trail, amphitheater seating, exercise areas and playground area. Submit Park Conceptual Plan to the City for review and acceptance.

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L.D. KING, INC. Updated May 10, 2022 Page 2 of 7
Park Precise Grade Plan
• Prepare Park Precise Grade Plan based on approved Concept Plan. • Provide concrete trail with string adjacent to the channel. • Set Pad grades for pavilion.
• Provide grades on amphitheater seating.
• Provide coordination for new restroom facility.
• Set grades in parking areas.
• Set grades for hardscape.
• Provide grading for rain garden.
• Provide cross sections.
• Prepare Park Precise Grade Plan based on approved Concept Plan. Provide coordination with landscape architect and lighting consultant.

Storm Water Pollution Prevention Plan
• Prepare a Storm Water Pollution Prevention Plan to meet the requirements of the California Construction General Permit Order No. 2009-0009-DWQ as amended by Order No 2010-0014-DWQ and Order No. 2012-0006-DWQ. Submit to the city and file with the SMARTS system for the Regional Water Quality Control Board to obtain a WDID number.

All fees shall be the responsibility of the City.

Water Quality Management Plan
• Prepare a Water Quality Management Plans for the site to fulfill the requirements of the City of Montclair MS4 permit related to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036. NPDES Permit No. CAS618036. The WQMP will conform to the latest approved version of the San Bernardino County Stormwater Program Model WQMP Guidance Document.

Geotechnical Services
• Leighton Group will perform the geotechnical services necessary for engineering design of specific improvements.

Specifications and Special Provisions
• Prepare Project specifications and special provisions including a bid item list and standard plan appendices. Provide quantities and an itemized cost estimate, including a bid item list to be used with the bid documents.

Easement Legal Descriptions and Plats
• Prepare three (3) legal descriptions and plats for bike trail adjacent to the San Antonio Wash.

US ACOE Permit and Submittals
• Prepare a 408 Application package to be processed through the Army Corp of Engineers. • Prepare a improvement plan depicting all improvements adjacent to the San Antonio Channel to be included as part of the Army Corp. Permit submittal package.

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L.D. KING, INC. Updated May 10, 2022 Page 3 of 7
Bid Support
• Assistance will be provided during bidding to provide clarification of the contract documents. Clarification will include preparation of contract addenda, if needed.

Construction Support
• Assistance will be provided during construction for the following services:
• Review of shop drawings, substitutions and alternatives, and other documents as may be submitted for review.
• Response to requests for information from the contractor, field inspectors, field survey crew and other staff associated with the project. All requests should be processed through the City’s construction manager as a single point contact. • Attend construction meetings, utility coordination meetings and other meetings, as necessary, in connection with the project.

Meetings and Coordination
• Attend all meetings as requested by the Client to facilitate design, coordination, and plan processing.

Project Administration
• Provide administrative processing and coordination with the Landscape Architect and Soils Engineer.

LANDSCAPING AND LIGHTING SERVICES
TASK 3 LANDSCAPE AND LIGHTING SERVICES
Architerra Design Group will provide Landscape Architectural Services for Conceptual Park Design, Bidding Assistance and Administration. JCA Engineering will provide electrical construction documents for the park.

Conceptual Design Phase
• Project Kick-Off meeting with Client to discuss the project goals and schedules. • Site Visit/Field Inventory to review existing conditions, opportunities, and constraints. • CAD Base Sheet Development@ 40-scale, on 30"x42" sheet format, l sheet total. • Preparation of formal color rendered Site Conceptual Landscape Master Plan (CLMP)@ 40-scale, for Client and Agency review.
• Preparation of formal color rendered Conceptual Enlargement Plan of the new playground @ 20-scale, for Client and Agency review.
• Preparation of materials and amenities boards to convey design intent, playground elements and material choices.
• Client/Agency/Consultant design progress review meeting. • Revisions to CLMP exhibits per comments from agency.
• Conceptual Site Lighting Plan and Lighting Photometric Illumination Plan (JCA) for incorporation into CLMP exhibits.
• Coordination with sub consultants for preliminary locations of new lighting fixtures and utilities.
• Preparation of budgetary estimate for probable construction costs.

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L.D. KING, INC. Updated May 10, 2022 Page 4 of 7
• Client/Agency/Consultant Progress Meetings. (1 virtual meeting anticipated) • Project Administration (Preparation of Bi-Weekly Status Report and ProjectScheduling). • Telephone Consultation.

Construction Documents
• Base Sheet Preparation@ 20 scale, on 24"x36" sheet City Standard Title block format, 4 sheets total.
• Base Sheet Preparation @ 10 scale base for playground enlargement, on 24"x36" sheet City Standard Title block format, 1sheet total.
• Title Sheet Preparation.
• Demolition Plan and coordinate with L.D. King for all proposed removalsrelated to landscape scope (20 scale/4 sheets total).
• Fine Grading coordination with L.D. King Inc. for drainage of landscape areas. Final grading plans by the civil engineer.
• Construction Plan Preparation for layout and detailing of hardscape, tot lot play areas, restroom building, etc. L.D. King to handle parking lot, trail at San Antonio Wash, restroom building plumbing and placement (20 scale/4 sheets total). • Construction Enlargement Plan showing playground equipment layout and surfacing (20 scale/1 sheet total).
• Construction Detail Preparation for all proposed elements, including hardscape, restroom building, structures, playground, entry monument, and exercise equipment (L.D. King to handle detailing parking lot and associated signage, trail at San Antonio Wash.
• Coordination with JCA Electrical Engineering for electrical design, light pole locations, meter service, conduits, etc.
• Preparation for electrical engineering plans (by JCA) for power to restroom building, new light standards, circuiting, and new electrical controls. Includes structural calculations for (2) two light pole conditions.
• Site visit with City maintenance personnel to review irrigation as-built field conditions to determine P.O.C., controller(s) and irrigation mainline/equipment type for inclusion into retrofitted/new irrigation plans.
• Irrigation Plan Preparation for areas of new planting at southern end. Review of existing irrigation for northern planting and turf for replacement, relocation, or upgrade if necessary to ensure full coverage. (20 Scale/4 sheets total). • Irrigation Detail Preparation to cover new equipment. • Prepare Water Efficiency Landscape Worksheet. *
• Prepare 2 Irrigation Controller Charts. *
• Planting plan preparation (2 separate sheets for trees/vines and shrubs/groundcover 4 sheet totals).
• Planting Detail Preparation.
• Prepare Planting/Irrigation Hydro-zone Plan. *
• Construction Specifications.
• Irrigation & Planting Specifications.
• Preparation of final cost estimates.
• Provide Soils Test and Soils Management Report.*
• Prepare Annual Irrigation and Planting Maintenance Schedule.* MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 181 of 347 Engineering, Surveying and Landscaping Services CITY OF MONTCLAIR Sunset Park
L.D. KING, INC. Updated May 10, 2022 Page 5 of 7
• Material/Furnishing Selection.
• Package Coordination.
• Client/Agency/Consultant Progress Meetings (2 virtual meetingsanticipated) • Project Administration (Preparation of Bi-Weekly Status Report and Project Scheduling).
• Agency Plan Check Corrections.
• Project Administration.
• Telephone Consultation.
• Utility Research (Irrigation Point of Connection, Pressure).

Bidding Assistance
• Preparation of bid form/quantities.
• Attend Pre-bid meeting.
• Project Administration.
• Telephone Consultation
Construction Administration
• Construction observation/meetings (estimated 48 visits based on weekly attendance/11-month construction period).
• Respond to RFl's/Review submittals.
• Preparation of site reports/meeting minutes to be prepared for estimated 48 meetings/visits.
• Project close out site review with Certificate of Completion. Project Administration.

Telephone Consultation.

OPTIONAL SERVICES:
• Preparation of Title 24 Calculations for exterior parking lot and walkways, if required, (JCA Electrical Engineering).
• Construction Administration, (JCA Electrical Engineering). • Design of New Electrical Metered Service, Utility Company New Service Forms and Back of Existing Metered services, if required, (JCA Electrical Engineering).

TASK 4 REIMBURSABLE EXPENSES
Client shall reimburse Consultant for the cost of all items such as blueprinting, reproductions, fees, permits, bond premiums, title company charges and overnight delivery fees not specifically covered by the terms of this Agreement. In the event such reimbursable items are paid directly by the Consultant, then such charges and expenses shall be invoiced at direct cost plus 15%.

Client shall reimburse Consultant for the cost of delivering plan sets, reports, or any other items pertaining to the project to City offices, County offices, subconsultant offices, and Client offices.

Includes preparing PDF’s and Jpegs and preparing CD’s. All labor time will be billed at the hourly rates set forth in the attached Rate Schedule.

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L.D. KING, INC. Updated May 10, 2022 Page 6 of 7
EXHIBIT ‘B’

SUNSET PARK IMPROVEMENTS

ENGINEERING, SURVEYING AND LANDSCAPING

COMPENSATION

TASK DESCRIPTION FEE
1 Surveying Services $16,580.00
2 Engineering Services $88,860.00
3 Landscaping and Lighting Services $137,850.00
4 Reimbursable Expenses (estimated) $2,000.00
TOTAL $245,290.00
OPTIONAL SERVICES:

Title 24 Calculations (JCA)
Construction Administration (JCA)
New Electrical Metered Service (JCA)
TOTAL $3,700.00

PROFESSIONAL FEE FOR SERVICES
Client agrees to compensate Consultant for civil engineering services, survey services, landscaping, and lighting services for a fee of $243,290.00, and for reimbursable expenses on a Time and Materials basis with an estimated fee of $2,000.00.

EXTRA WORK
Client agrees to pay Consultant compensation for all authorized extra work at the hourly rates set forth in the attached Rate Schedule. All such extra work shall be authorized by the Client prior to commencing such work.

FEE ADJUSTMENTS
Client understands and agrees that the fees quoted for the services to be performed are subject to an annual increase on October 1st of each year, beginning in 2022. The percentage increases (if any) shall apply only to the unexpended portion of the total Agreement amount remaining on each such October adjustment date. The adjustment will be in accordance with adjustments in the Master Agreement between the Civil Engineers and Land Surveyors of Southern California and the International Union of Operating Engineers Local No. 12, AFL-CIO.

REIMBURSABLE EXPENSES
Client shall reimburse Consultant for the cost of all items such as blueprinting, reproductions, fees, permits, bond premiums, title company charges and delivery charges not specifically MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 183 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: PER825
DEPT.: ADMIN. SVCS.

PREPARER: M. RICHTER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–56 WITH CPS HR CONSULTING FOR

RECRUITMENT TEST RENTAL SERVICES

CONSIDER AUTHORIZING HUMAN SERVICES DIRECTOR MARCIA RICHTER TO SIGN

SAID AGREEMENT AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of proposed Agreement No. 22–56 with Cooperative Personnel Services dba CPS HR Consulting (CPS) for recruitment test rental services, a copy of which is attached for the City Council's review and consideration.

BACKGROUND: The Personnel Division of the Administrative Services Department conducts employment recruitments for the City’s personnel staffing vacancies. These recruitments consist of posting job advertisements, reviewing job applications for conformance with minimum and desirable qualifications, coordinating the testing and interview process, and establishing the employment eligibility list.

CPS HR Consulting (CPS) is an agency that provides integrated HR solutions to government agencies and nonprofit organizations, including but not limited to recruitment test products and services. CPS testing and assessment services range from test administration to test rental, and includes rental access to stock tests, as well as creation of semi–stock and custom tests. The City’s Personnel Division has used CPS test rental services in the past; however, a new 2–year test rental agreement is required at this time.

Although the City has a substantial bank of recruitment tests, from time to time a recruitment is held for a position that is infrequently recruited for, or infrequently filled, or may be highly specialized, such as in the case of public safety supervisory classifications. These situations may require updating a recruitment test for a number of reasons, for instance, age of the test, changes in a position, or in an effort to deter unfair advantage to those who may have applied in the past and taken the same test.

CPS would be used as a resource in a last resort scenario if other test revision options are unsuccessful or are not available (i.e. revising our own test adequately or revising that of another agency). In such a case, using the test rental services by CPS would enhance the City’s ability to assess qualified applicants for these positions.

FISCAL IMPACT: The fiscal impact would be minimal because it is likely this service will be rarely used. Test rental consists of a base rate of $295.00 plus $9.00 per candidate plus shipping. Funds to cover the cost of this service are included in the Personnel/Risk Management, Personnel Testing section of the Administrative Services Department Fiscal Year 2021–22 Budget.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 22–56 with CPS HR Consulting for test rental services; and

2. Authorize Human Services Director Marcia Richter to sign said Agreement and related documents.

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2022 - 2024 CPS HR – TR 2 Year Agreement

TEST RENTAL AND USE AGREEMENT
This Test Rental and Use Agreement (“Agreement”) is by and between Cooperative Personnel Services, dba CPS HR Consulting, a California Joint Powers Authority (“CPS HR”) and the Agency or Organization named in the signature block at the end of the Agreement (“Client”).

A. Purpose. This Agreement defines CPS HR test rental,
use and security policies and procedures.

CPS HR develops and rents tests for a number of
purposes and in a number of formats (including but not
limited to print and electronic media). For that reason, some of the below paragraphs apply under certain
circumstances. But, unless specifically limited, each
paragraph applies to all testing purposes and formats.

B. Ownership of CPS HR Tests.

1. CPS HR owns all rights, title and interest, including copyrights, in all tests provided under this
Agreement. They are the property of CPS HR and
shall remain the property of CPS HR, even while in
the custody of Client.

2. Additionally, tests that have been constructed or
modified based on information provided by the client
shall not be considered works made for hire, as that
term is defined under U.S. Copyright Law. CPS HR
shall own all rights, title and interest, including the copyright, in any test it creates for the Client.

3. Ownership of tests specifically developed for a client and of individual test questions supplied by Client, if any, shall be governed by a separate Agreement
between CPS HR and Client.

C. Test Materials. Test Materials consist of all used and unused test booklets, proctors instructions, proctors
manuals, scoring instructions, key sheets, key overlays, keyed booklets, scoring keys, instructions, CDs (for oral tests), and any other materials generated at the test
administration, such as completed answer sheets (if
applicable), scratch paper, note paper and the like.

D. Test Security. CPS HR security standards are designed to protect the mutual interests of all Clients that use Test Materials as well as the interests of applicants who take CPS HR tests. In order that no person may gain special
advantage by having improper access to the material, all users must sign this Agreement and agree to fulfill its terms, before the Agreement is effective.

1. Client agrees to take all reasonable and diligent
steps to keep CPS HR tests, sample tests, and
testing processes confidential and free from
unauthorized access and use. This includes, but is
not limited to, client agreeing not to divulge, convey, copy in whole or part, duplicate, convert to another
format or medium, or otherwise disseminate tests,
portions of tests, or test materials.

2. For on-line tests, client further agrees to take all reasonable and diligent steps to prevent any
modification to or reverse engineering of the testing
software, and any transfer, storage or dissemination
of tests or testing software and data on any storage
medium or computer server other than those
specifically authorized by CPS HR.

3. Should Client suspect any breach of test security,
Client agrees to immediately notify CPS HR and
immediately take all steps necessary to preserve
evidence of or related to the breach, whether
physical or electronic.

E. Test Review, Ordering and Administration.

1. Review Copies. Review of CPS HR tests, regardless
of format, is subject to the test security standards.
(a) Test Rental Division: To help in deciding
whether to rent exams, Client may review CPS
HR stock tests and other stock test materials
free of charge (e.g., stock supplements,
structured interview packages, and specialized
item sets).
(b) SLPP: CPS HR does not offer review copies of
the Spanish Language Proficiency Program
(SLPP) tests. However, for new clients, CPS
HR can provide a sample written test booklet
showing the different components of the test.
(c) On-line Testing: To help in deciding whether
to utilize on-line testing, Client may review
sample on-line tests free of charge.

2. Ordering Testing Materials and Scheduling of
Examinations.
(a) Test Rental Division:
(i) To ensure materials are received in time,
Client must notify CPS HR at least 10
business days prior to the test date of the
total number of candidates in each job
classification to be tested. If orders are
placed less than 10-business-days prior to
the test date, rush shipment charges may
apply and timely delivery cannot be
guaranteed.
(ii) Client shall rent one test booklet per
candidate to be tested. CPS HR shall
provide Client with Test Materials including
instructions for administering the test,
sufficient test booklets and any other
material CPS HR deems necessary.
(b) On-line Testing:
(i) To ensure Client equipment is functioning
and capable of administering on-line
testing, Client must request testing from
CPS HR at least 10 business days prior to
the test date on the first time Client utilizes
on-line testing. After Client has successfully
used on-line testing, 5 working days notice
is normally sufficient for subsequent testing.
(ii) Client recognizes that CPS HR has no
control over the functioning of the internet,
and any problems with on-line testing due
to the failure thereof are not attributable to
CPS HR.

Agreement No. 22-56
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2022 – 2024 CPS HR – TR 2 Year Agreement

3. After the test date.
(a) Test Rental Division:
(i) Within 10 business days of the test date,
Client shall return to CPS HR all Test
Materials including all materials provided by
CPS HR for the test administration.
(ii) Client shall not reuse printed tests on the
test date or on any other date but shall
return Test Materials to CPS HR, whether
or not the test was administered.
(b) On-line Testing:
(i) After the scheduled test date(s), CPS HR
will suspend access to the on-line test site.
(ii) Within 10 business days of the test date,
Client shall destroy all CPS HR Test
Materials including scratch paper and note
paper in a way that make the materials
unrecoverable.

F. Billing, Pricing, and Payment.

1. CPS HR shall bill Client at the billing address
provided in Exhibit A, unless notified in writing of a
new billing address.

2. The bill shall be derived from the most current
applicable Rate Sheet (s): Exhibit B for Test Rental,
Exhibit C for Special Services, Exhibit D for Online
Skills, and Exhibit E for Personality. Client
acknowledges and understands that the Test Price
List(s) are only effective as of the date shown each of them and are subject to change.

3. Client shall be billed for any work done on a canceled or postponed test up to the time CPS HR is notified
of such cancellation or postponement. Under certain
circumstances, and in CPS HR's sole discretion,
credit may be given for work already performed if the
test is rescheduled.

4. CPS HR may charge Client for lost or compromised
tests if Test Materials are not returned according to
3(a) above. Client shall be liable for the actual cost
associated with the creation of a substantially similar replacement test up to a maximum of $15,000.

5. Client agrees to and shall pay all invoices within thirty (30) days of receipt of invoice.

6. Credits. For each unopened package of stock exams
that is returned, a $35.00 credit will be generated that can be applied towards the current or future test
order. Credit has no cash value and will expire 12
months after the issue date.

G. Candidate Inspections

1. Test Materials.

CANDIDATE INSPECTION OF TEST MATERIALS

SHALL NOT BE ALLOWED EXCEPT IN CASE OF

ANSWER SHEETS AS DESCRIBED BELOW

2. Answer Sheets.
(a) If a candidate files a protest regarding the
scoring of his or her test, inspection of a
candidate's own answer sheet(s) for the
purpose of detecting whether any clerical or
other error has been made in the scoring of the
answer sheets shall be allowed, upon request
by the Client, for a 10-business-day period
immediately following the notification to the
candidate of test results.
(b) Candidates are not allowed to review the
question booklet during this inspection period.
(c) Not more than one hour will normally be
allowed for answer sheet(s) review. A
representative of Client’s Personnel or
Administrative office shall be present to assure
that no changes or marks of any kind are made
by the candidate on the answer sheet(s) or
keyed answer sheet.

H. Client Responsibilities.

1. Client shall perform all parts of the testing process which are not performed by CPS HR. Client has the
responsibility for assuring that the testing process
performed by Client conforms to any applicable laws,
rules or ordinances, and for the test as a whole.

Under the federal Uniform Guidelines on Employee
Selection Procedures, the Client as test user is
responsible for local validation efforts (e.g., SME
review, job analysis studies) and the results of the
selection process, and Client understands and
acknowledges that it must be prepared to
demonstrate that the process is valid and meets
other testing standards if it adversely affects groups
protected by fair employment laws.

2. Client is responsible for insuring that all persons who handle or have access to Test Materials in any
capacity for Client shall do so in compliance with this Agreement, and are trained to handle Test Materials
and administer tests before they do so.

3. CPS HR retains score reports for 60 days after each
test administration date. Test users must maintain
the appropriate documentation of score report
information for agency record purposes.

4. Client is responsible for making determinations
regarding the merit of candidate appeals. CPS HR
can assist with researching candidate appeals at the
specified hourly rate.

I. Legal Proceedings Involving Test Materials.

1. If Client receives notice of any administrative or court proceeding involving a CPS HR test, or a request for
disclosure of Test Materials, such as a subpoena, or
a public records or freedom of information request,
Client shall notify CPS HR of such request
immediately and well before a response is due.

2. Upon CPS HR request, Client shall maintain the
confidentiality of the Test Materials pending the grant or denial of a protective order or the decision of a
court or administrative body as to whether the
requested Test Materials must be disclosed under
the applicable public records statute.

3. Client shall cooperate with CPS HR in seeking any
relief necessary to maintain the confidentiality of the Test Materials.

4. Client shall indemnify and hold CPS HR harmless
from and against any and all claims, costs, damages,
losses, liabilities and expenses (including reasonable
attorney fees and costs) arising out of or in
connection with administration of a test, or with
maintaining confidentiality of Test Materials.

J. Term and Termination of Agreement.

1. Term. This Agreement is effective beginning the
date it is signed by both parties and continuing for
two years thereafter unless earlier terminated by
either party as stated below.

2. Immediate Termination upon Material Breach. Either
party may terminate this Agreement immediately
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 186 of 347 - 3 - Client Initials _______
2022 – 2024 CPS HR – TR 2 Year Agreement
upon any material breach by the other party. For
purposes of this Agreement, but without limiting the
meaning of material breach, any breach of the test
security provisions, however minor, shall be
considered a material breach. Client understands
and acknowledges that immediate termination by
CPS HR may result in the withholding or recall of
Test Materials.

3. Termination Without Cause. CPS HR and Client may
terminate the Agreement without cause upon thirty
days written notice to the other party.

4. Return of Test Materials. Upon termination of the
Agreement, Client shall immediately return to CPS
HR any Test Materials that it possesses.

K. Miscellaneous.

1. Notices. Any notice to the parties required or
permitted under this Agreement shall be given in
writing and shall be sent to Client at the address
provided for the Principal Signer and to CPS HR at
2450 Del Paso Rd., Ste. 160, Sacramento, CA
95834.

2. Dispute Resolution; Remedies.
(a) In the event of a dispute, the parties may agree
to pursue mediation or either binding or
nonbinding arbitration to resolve their dispute,
under such rules as the parties may agree.
(b) Client acknowledges that breach of this
Agreement may result in irreparable harm to
CPS HR for which damages would be an
inadequate remedy and, therefore, in the event
of a breach, in addition to its rights and
remedies otherwise available by law, CPS HR
shall be entitled to seek equitable relief,
including injunction.

3. Attorneys Fees. If any legal action or arbitration or other proceeding is brought to enforce or construe
the term of this Agreement or because of an alleged
dispute, breach or default in connection with any
provision of this Agreement, the successful or
prevailing party shall be entitled to recover
reasonable attorneys fees and other costs incurred in
that action, arbitration or proceeding in addition to
any other relief to which it may be entitled.

4. Waiver. The failure of any party at any time or times to require performance of any provisions of this
Agreement shall in no manner affect its right to
enforce such provision at a later time. Nor shall the
waiver by either party of a breach of any provision of
this Agreement be taken or held to be a waiver of the
provision itself. No waiver shall be enforceable
unless made in writing and signed by the party
granting the waiver.

5. Entire Agreement; Modifications. This Agreement
constitutes the entire Agreement between the parties
regarding the subject matter hereof and supersedes
all other Agreements, representations and
warranties. All modifications and supplements to this
Agreement must be in writing and signed by both
parties.

6. Counterparts; Facsimile Signature; Electronic
Signature. This Agreement may be executed in any
number of counterparts. If this Agreement or any
counterpart is signed and then faxed or e-mailed by
PDF or otherwise, the faxed or e-mailed copy bearing
the signature shall be as good as the original wet-ink
signed copy for all intents and purposes.

7. Interpretation; Jurisdiction. This Agreement shall
be interpreted and enforced under the laws of the
State of California and jurisdiction shall be in
Sacramento County, California. The Agreement shall
be interpreted in a fair and balanced manner to best
preserve its intent, and without bias against the
drafter.

8. Authority to Sign. The person signing this
Agreement on behalf of the Client (the Principal
Signer) represents that he or she is the head of the
agency or is otherwise duly authorized to sign this
Agreement and to bind the Client.

Principal Signer By signing below, I represent that the persons(s) listed in Exhibit A and on any attached sheets is/are authorized to handle CPS HR Test Materials on Clients behalf. I affirm that I will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect, and that I will ensure all individuals handling and/or administering tests are properly trained.

Cooperative Personnel Services dba
CPS HR Consulting,
A California Joint Powers Authority
By:

Authorized Signature
Name: Amy Bigone
Title: Test Rental Program Manager
Date:

Client
By:

Authorized Signature (Head of Agency)
Name:

Title:

Email:

Date:

Marcia Richter
Human Services Director
[email protected]
June 6, 2022
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 187 of 347 2022 – 2024 CPS HR – TR 2 Year Agreement
Exhibit A
Authorized Representative(s) (use an additional page if needed) By signing as an Authorized Representative, I affirm that I will handle all CPS HR Test Materials in accordance with the terms of the CPS HR Test Rental Agreement then in effect.

Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
Name, Title Signature
E-mail Address Phone Number
II. Billing Contact
Contact Name and Title
Agency
Street Address, City, State, Zip
E-Mail Phone Number
III. Physical Address
Agency / Department Name
Street Address, City, State, Zip
Signature
Phone Number
Tanya Kresback, Employment & Personnel Coord
[email protected] 909-625-9407
Tanya Kresback, Employment & Personnel Coordinator
City of Montclair
5111 Benito Street Montclair, CA 91763
[email protected] 909-625-9407
City of Montclair
5111 Benito Street Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 188 of 347 2022 – 2024 CPS HR – TR 2 Year Agreement
Exhibit B
CPS HR Test Rental Division Rates
Effective January 2022 - Subject to Change
STOCK
TESTS*

SEMI-STOCK
TESTS
CUSTOM
TESTS
AGENCY
TESTS
Base Fee (per order) ‡ $295.00 $595.00 $995.00 $350.00
1-100 Candidates (per candidate) $9.00 $14.00 $15.00 $10.00 101-500 Candidates (per candidate) $8.50 $13.00 $14.00 $9.50 501+ Candidates (per candidate) $8.00 $12.00 $13.00 $9.00 New Item Writing/Entry N/A N/A $35 per item N/A
Pick Up/Handling 5% 5% 5% 5%
Standard Shipping/Handling ** 10% 10% 10% 10%
Expedited Shipping/Handling ** 15% 15% 15% 15%
Shipping outside contiguous U.S. 20% 20% 20% 20%
Entry-Level Law, Entry-Level Fire and Entry-Level Clerical Candidate Materials (available online through Candidate Resource Center) Online Preparation Manuals Online Practice Test
$3.00 if purchased by client
$5.00 if purchased by candidate
$10.00 if purchased by client
$15.00 if purchased by candidate
*CPS HR will apply a credit of $35.00 for each UNOPENED package of Stock Exams of test booklets on the current or future STOCK test order (see additional terms listed on F.6.). **Standard shipping applies to orders placed at least 10 business days prior to test date. Expedited shipping applies to orders placed less than 10 business days prior to test date. ‡ Base fee includes the following at no additional charge: Proctor’s Manual, Scoring Manual, CPS HR Scoring, CPS HR answer sheets and a scoring report.

Online Testing Option for Written Exams*
Stock Tests Semi-Stock Tests Agency Tests Custom Tests
Administrative Set Up Fee (per order) $95.00 $95.00 $95.00 $95.00 One Time Exam Set Up Fee N/A $595.00 $350.00 $995.00
Per Candidate Fee $15.00 $15.00 $15.00 $15.00
Title Change (optional) $25.00 N/A N/A N/A
Additional Supplement (optional) $50.00 N/A N/A N/A
* The one time setͲup fee will be applied for the first online administration of a semiͲstock, agency or custom test. * All exams must be administered in a proctored environment MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 189 of 347 2022 – 2024 CPS HR – TR 2 Year Agreement
Exhibit C
CPS HR Special Services
Effective January 2022 - Subject to Change

REMOTE PROCTOR SERVICES
Agency Price Candidate Price
Administrative Set Up Fee (per order) $75.00
1 hour test (per candidate) $22.50 $25.50
1 – 2 hour test (per candidate) $30.00 $33.00
2 – 3 hour test (per candidate) $38.75 $41.75
Over 3 hour test (per candidate) $47.50 $50.50
Take it Now Premium Scheduling (Additional Fee as applicable per candidate) $12.00 $12.00 Take It Soon Premium Scheduling (Additional Fee as applicable per candidate) $8.00 $8.00

SPECIAL SERVICES
Candidate Appeals Support $130 per hour
Cover Change – Stock Exams Only $100 base fee (unopened returned books will NOT qualify for a credit) Re-Scoring/Hand-Scoring of Answer Sheet $ 30.00 (Requested directly by Agency) Review Copies (Hardcopies sent via FedEx) $25.00 per order (online review copies are provided at no charge) Scoring Keys $10.00 per Overlay, Key Sheet provided at no additional cost Spanish Language Proficiency Oral Exam $295.00 Base Fee + $120 per candidate (Professional Scoring Included) Stock Supplements $ 2.00 per book when ordered with a Stock test Structured Interview Packages $595.00 Base Fee + $15.00 per candidate Supplemental Orders $25 base fee, candidate count fee, and shipping/handling Writing Proficiency Exam $ 350.00 Base Fee + $ 15.00 per candidate (Professional Scoring included)
Non-specified special Services
CALL FOR DETAILS - Billed at the following rates
Consultant Time $130/hour
Technician Time $ 75/hour
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 190 of 347 2022 – 2024 CPS HR – TR 2 Year Agreement

Exhibit D
CPS HR On-line Skills Test Pricing Schedule
Effective January 2022 - Subject to Change

ONLINE SKILLS TEST
Single-Subject Test
Administrative Set Up Fee (per order) $95.00
Per Candidate Fee $15.00
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 191 of 347 2022 – 2024 CPS HR – TR 2 Year Agreement
Exhibit E
CPS HR On-line Personality Test Pricing Schedule
Effective January 2022 - Subject to Change

PERSONALITY TEST
Report Option Price Per Candidate
General Employability Report (if used with stock exam) $7.50 General Employability Report (if used without a stock exam) $10 Advantage Report $15
Express Report $55
Potential Report $155
Challenge Report $155
Values Report $155
Leader Basis $205
Leadership Forecast (includes Potential, Challenge and Values reports) $410 Coaching Report Free with order of Leadership
Forecast Report
Test Rental Contact Information:

CPS HR Consulting
Attn: Test Rental Division
2450 Del Paso Rd., Ste. 160, Sacramento CA 95834
Telephone: 916.263.1800 / Toll Free 866.867.5272
Fax: 916.921.6240 / E-mail: [email protected]
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 192 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–57 WITH THE SAN BERNARDINO

COUNTY DEPARTMENT OF AGING AND ADULT SERVICES TO ACCEPT AN AWARD TO

PROVIDE THE SENIOR CITIZEN NUTRITION PROGRAM

CONSIDER AUTHORIZING HUMAN SERVICES DIRECTOR MARCIA RICHTER TO SIGN

SAID AGREEMENT AND ANY AMENDMENTS THERETO
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services (DAAS) to accept an award to provide the Senior Citizen Nutrition Program.

Further, the City Council is requested to consider authorizing Human Services Director Richter to sign the Agreement and any amendments through its three–year term.

BACKGROUND: The San Bernardino County Department of Aging and Adult Services (DAAS) has awarded the City a grant to continue to provide a Senior Citizen Nutrition Program for older adults, ages 60 and over. This is a cost reimbursement contract for a total contract not–to–exceed amount of $675,000 covering Fiscal Years 2022–23, 2023– 24, and 2024–25. Despite the not–to–exceed amount of $675,000 awarded, the program is subject to the availability of funds as DAAS sends the City incremental funding authorizations. The initial combined federal, state, and NSIP funding for Fiscal Year 2022–23 is $233,164. This grant funding will be used for part–time salaries, nutrition education consultant fees, training, program supplies, and catered food expenses needed to operate the program. The City of Montclair is contracted to serve up to 20,561 meals and provide 252 days of service annually.

An in–kind/matching cash minimum amount of 11.1 percent of the funding provided is required each year. The City will achieve this in–kind/matching cash amount through volunteer hours and personnel expenses already covered by the General Fund.

The term of proposed Agreement No. 22–57 is July 1, 2022 through June 30, 2025.

FISCAL IMPACT: Should the City Council approve Agreement No. 22–57, with the San Bernardino County Department of Aging and Adult Services (DAAS) the City would be awarded a grant in the not–to–exceed amount of $675,000 to provide the Senior Citizen Nutrition Program from July 1, 2022 through June 30, 2025.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services to accept an award to provide the Senior Citizen Nutrition Program; and

2. Authorize Human Services Director Marcia Richter to sign said Agreement and any amendments thereto.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 193 of 347

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Aging and Adult Services
Department Contract Representative Karol Hamman, Contract Analyst Telephone Number 909.388.0215
Contractor City of Montclair
Contractor Representative Marcia Richter
Telephone Number 909-625-9453
Contract Term July 1, 2022 through June 30, 2025
Original Contract Amount $675,000
Amendment Amount
Total Contract Amount $675,000
Cost Center 5292001036
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, San Bernardino County, hereafter referred to as “County,” desires to provide Elderly Nutrition Program services; and
WHEREAS, County has been allocated funds by Older Americans Act of 1965 to develop nutrition programs for the elderly; and
WHEREAS, County finds City of Montclair, hereafter referred to as “Contractor,” qualified to provide Elderly Nutrition Program services; and
WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions:

Contract Number
SAP Number
4400019267
Agreement No. 22-57
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 194 of 347 Standard Contract Page 2 of 28

TABLE OF CONTENTS
I. DEFINITIONS.................................................................................................................................................. 3 II. CONTRACTOR SERVICE RESPONSIBILITIES........................................................................................... 7 III. CONTRACTOR GENERAL RESPONSIBILITIES ......................................................................................... 7 IV. COUNTY RESPONSIBILITIES................................................................................................................... 199 V. FISCAL PROVISIONS .................................................................................................................................. 19 VI. RIGHT TO MONITOR AND AUDIT .............................................................................................................. 22 VII. CORRECTION OF PERFORMANCE DEFICIENCIES.............................................................................. 233 VIII. TERM........................................................................................................................................................... 244 IX. EARLY TERMINATION .............................................................................................................................. 244 X. GENERAL PROVISIONS ........................................................................................................................... 244 XI. CONCLUSION............................................................................................................................................. 288

ATTACHMENTS
ATTACHMENT A – CLIENT COMPLAINT AND GRIEVANCE PROCEDURE, OLDER AMERICANS ACT

PROGRAMS
ATTACHMENT B – ASSURANCE OF COMPLIANCE
ATTACHMENT C – SCOPE OF WORK
ATTACHMENT D – DISCLOSURE OF LOBBYING ACTIVITIES
ATTACHMENT E – INFORMATION SHEET
ATTACHMENT F – COMMUNITY FOCAL POINTS LIST
ATTACHMENT G – PAYMENTS, BUDGETS, CLOSEOUT, AND AUDITS
ATTACHMENT H – PROGRAM BUDGET
ATTACHMENT I – MATCHING FUNDS NARRATIVE
ATTACHMENT J – MONTHLY EXPENDITURE REPORT
ATTACHMENT K – REQUEST TO PURCHASE PROPERTY/EQUIPMENT
ATTACHMENT L – CONTRACTOR/VENDOR CONFIDENTIALITY STATEMENT (CDA 1024) ATTACHMENT M – SECURITY INCIDENT REPORT (CDA 1025a and CDA 1025b) MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 195 of 347 Standard Contract Page 3 of 28
I. DEFINITIONS
A. Area Agency on Aging (AAA) – In 1976, the State of California designated San Bernardino County Department of Aging and Adult Services (DAAS) as the Area Agency on Aging for the county. As a result of this designation, DAAS receives funding from the California Department of Aging to administer the programs authorized by the Older Americans Act.

B. California Code of Regulations (CCR) – Is the codification of the general and permanent rules and regulations announced in the California Regulatory Notice Register by California state agencies.

C. California Department of Aging (CDA) – Administers programs that serve older adults, adults with disabilities, family caregivers and residents in long-term care facilities throughout the state.

D. California Department of Social Services Manual of Policies and Procedures (CDSS MPP) – The rules and regulations governing the Department and Program.

E. Catalog of Federal Domestic Assistance (CFDA) – A government-wide compendium of federal programs, projects, services and activities that provide assistance or benefits to the American Public.

F. Code of Federal Regulation (CFR) – The codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.

G. Congregate Nutrition Services (C-1) – Provides nutritious meals, nutrition education, and nutrition risk screening to individuals age sixty (60) and older in a social setting. The program offers individuals an opportunity to socialize with others to reduce social isolation while promoting health and well-being through nutrition.

H. Contract – Agreement between County and Contractor, including the terms and conditions, scope of work, attachments, addenda, and amendments, if applicable.

I. Contractor/Vendor – Refers to an Applicant whose application results in a contract to provide Elderly Nutrition Services.

J. California Retail Food Code (CRFC) [Section 113700 et seq., California Health and Safety Code] – Replaces California Uniform Retail Food Facilities Law (CURFFL).

K. Cost Reimbursement – Payment method by which allowable and reasonable costs incurred by a Contractor in the performance of the contract – which may include overhead, personnel, utilities, etc. are reimbursed in accordance with the terms of the Contract.

L. Department of Aging and Adult Services (DAAS) – San Bernardino County department that empowers older adults and individuals with disabilities by providing services and working with individuals, service providers, and communities to improve or maintain choice, independence, and quality of living.

M. Department of Justice (DOJ) – A federal executive department of the United States government responsible for the enforcement of the law and administration of justice.

N. Dietary Reference Intake (DRI) – Nutrient recommendations prepared by the U.S. Academy of Sciences Institute of Medicine.

O. Disability – A condition attributable to mental or physical impairment, or a combination of mental or physical impairments, that results in substantial functional limitations in one (1) or more of the following areas of major life activity:

1. Self-care

2. Receptive and expressive language

3. Learning

4. Mobility
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 196 of 347 Standard Contract Page 4 of 28

5. Self-direction

6. Capacity for independent living

7. Economic self-sufficiency

8. Cognitive functioning

9. Emotional adjustment
P. Elder – Any person residing in California who is sixty-five (65) years of age or older.

Q. Elderly Nutrition Program (ENP) – A program which provides nutrition services, as authorized by the Older Americans Act of 1965, as amended, and which shall be provided in accordance with California Code of Regulations, 22 CA ADC § 7630 et. seq.

R. Eligible Service Population – Older Individuals (sixty (60) years of age or older), giving preference to those in greatest economic or social need with particular attention to low-income minority individuals, older individuals with Limited English Proficiency, and older individuals residing in rural areas.(OAA Section 305 (a)(2)(E), CCR 7125, 7125, 7127,7130, and 7135.

S. Equipment – Tangible personal property with a useful life of more than one (1) year and an acquisition cost of $500 or more per unit.

T. Financial Statement – For non-Federal entities that expend less than $750,000 in a fiscal year in Federal awards, a statement that reflects the contractor’s financial position, results of operations or changes in net assets, and, where appropriate, cash flows for the fiscal year audited.

U. Frail – An older individual determined to be functionally impaired because the individual either:

1. Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility and associated tasks, without substantial human assistance, including verbal reminding, physical cueing or supervision.

2. Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a service health or safety hazard to the individual or to others.

V. General Program Income – Meal income receive in the form of contributions or donations made by the elderly services rendered under this Contract.

W. Hazard Analysis Critical Control Point (HACCP) – A systematic preventive approach to food safety from biological, chemical, and physical hazards in production processes that can cause the finished product to be unsafe and designs measures to reduce these risks to a safe level.

X. HACCP Plan – A written document that delineates the formal procedures for following the HACCP principles that were developed by the National Advisory Committee on Microbiological Criteria for Foods and complies with the requirements of Section 114055, Health and Safety Code.

Y. HACCP Principles – The seven (7) basic steps of HACCP, which are:

1. The completion of hazard analysis identification by identifying the likely hazards to consumers presented by a specific food.

2. The determination of critical control points in receiving, storage, preparation, display and dispensing of a food.

3. The setting or measurable critical limits for each critical control point determined.

4. Developing and maintaining monitoring practices to determine if critical limits are being met.

5. Developing and utilizing corrective action plans when failure to meet critical limits is detected.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 197 of 347 Standard Contract Page 5 of 28

6. Establishing and maintaining a record keeping system to verify adherence to a HACCP plan.

7. Establishing a system of audits to:
a. Initially verify the effectiveness of the critical limits set and appropriateness of the determination of critical control points.
b. Periodically verify the effectiveness of the HACCP plan.

Z. Home Delivered Nutrition Services (C-2) – Provides nutritious home-delivered meals, nutrition education, and nutrition risk screening to individuals age sixty (60) and older who are homebound because of illness, incapacity, disability, or are otherwise isolated.

AA. Human Services (HS) – San Bernardino County Human Services, a system of integrated services, where the programs and resources of nine (9) County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort.

BB. Indirect Costs – Costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable to the cost objective specifically benefitted, without effort disproportionate to the results achieved.

CC. Matching Contributions – The value of third-party in-kind contributions and that portion of program and administrative costs funded (cash or in-kind) by the Contractor, subcontractor, or other local resources.

1. Cash – Cash other than program income contributed to the project from local or State funds. With the exception of Community Development Block Grants (CDBG), Federal funds cannot be used as match. Costs borne by the Contractor and cash contributions from any and all third parties, i.e., company/private donations, and vendor general fund, are considered cash matching funds.

2. In-Kind – Contributions from third parties are considered in-kind matching funds. Examples of in-kind match include volunteered time and use of facilities to hold meetings or conduct project activities.

DD. Non-matching Contributions – Local funding that does not qualify as matching contributions and/or is not being budgeted as matching contributions (e.g., Federal funds).

EE. Nutrition Education – Informing recipients of congregate and home-delivered meals about current facts and information that will promote improved food selection, eating habits, nutrition, health promotion, and disease prevention practices.

FF. Nutrition Screening – Completion of a nutrition screening checklist by eligible individuals to determine if they are at nutrition risk. A nutrition screening checklist is a federal public information collection requirement in the National Aging Program Information System (NAPIS), found in the Federal Register, Volume 59, No. 188, September 29, 1994.

GG. Nutrition Services – The procurement, preparation, transport and service of meals, nutrition education, and nutrition screening, to eligible individuals at congregate sites or in their homes.

HH. Nutrition Services Incentive Program (NSIP) – Refers to the United States Department of Agriculture’s (USDA) cash allotment or commodity program. The purpose of NSIP is to provide incentives and reward effective performance in the efficient delivery of nutritious meals to older individuals. Funding is based on the number of meals served in the prior year and available appropriation.

II. Older Americans Act (OAA) – The overall purpose of this act is to provide comprehensive, coordinated, community-based systems of service to persons age 60 and older in order to enable them to maintain health, personal dignity, and independence (42 USCA §3001 et seq.).

JJ. Older Individual – A person sixty (60) years of age or older.

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KK. Office of Management and Budget (OMB) – The business division of the Executive Office of the President of the United States that administers the United States federal budget and oversees the performance of federal agencies.

LL. Personally Identifiable Information (PII) – Information, which can be used to distinguish or trace an individual’s identity, including, but not limited to, name, social security number, date of birth, address, children’s names Driver License number, and any computer-based address or identifier.

MM. Program Income – Revenue generated by the Contractor/subcontractor from contract-supported activities. Program income is:

1. Voluntary contribution received from a participant or responsible party as a result of services.

2. Income from usage or rental fess of real or personal property acquired with gran funds or funds provided under this Contract.

3. Royalties received on patents and copyrights from contract-supported activities

4. Proceeds from sale of items fabricated under a contract agreement.

NN. Registered Dietician – A person who shall be both:

1. Qualified as specified in Sections 2585 and 2586, Business and Professions Code, and

2. Registered by the Commission on Dietetic Registration.

OO. Reimbursable Item – Allowable cost and compensable item.

PP. Schedule of Expenditures of Federal Awards (SEFA) – A document for planning and conduction an audit organization which include federal award expenditures, transactions, cost reimbursements, etc.

QQ. Service Area – Defines a geographic area to be served under this program.

RR. Single Audit Entity – Non-Federal entities that expend $750,000 or more in a fiscal year in Federal awards. Single Audit Entities must have a single or program-specific audit conducted for the year in accordance with OMB Circular A-133.

SS. SOC 341 – Form used to report a suspected incident of abuse of an elder or dependent adult required under Welfare and Institutions Codes Sections 15630 and 15686(a)(1).

TT. State – State of California.

UU. Subcontract – To contract with a third party to perform all or part of the work included in this RFP and the resulting contract.

VV. Title III of the Older Americans Act – Authorizes grants to states and local entities for supportive and nutrition services.

WW. Title III C-1 (Congregate Nutrition Program) – Nutrition services for older individuals in a congregate setting. Services include meals, nutrition and health promotion education, health promotion programs, nutrition risk screening, and opportunities for socialization. (22 CCR 7368.7 (a)).

XX. Title III C-2 (Home-Delivered Nutrition Program) – Home-Delivered Nutrition services for older individuals who are frail and homebound by reason of illness, disability, or isolation. (22 CCR 7368.7 (c)).

YY. United States Code (USC) – The official compilation and codification of the general and permanent federal statues of the United States.

ZZ. United States Department of Agriculture (USDA) – Department of the United States government that manages various programs related to food, agriculture, natural resources, rural development and nutrition.

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AAA. Volunteer – An individual who provides services without pay, but may receive reimbursement for expenses.

BBB. Welfare and Institutions Code (WIC) – Codes enacted by the California State Legislature which address services relating to welfare, dependent children, mental health, handicapped, elderly, delinquency, foster care, Medi-Cal, food stamps, rehabilitation and long-term care, etc.

II. CONTRACTOR SERVICE RESPONSIBILITIES
Contactor shall provide all services as outlined in the Scope of Work (Attachment C) and shall be compensated on a cost reimbursement basis.

III. CONTRACTOR GENERAL RESPONSIBILITIES
A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of San Bernardino County.

Contractor agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to Title 48 Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Part 9.4. By signing this Contract, Contractor certifies that:

1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;

2. Have not within a three-year period preceding this Contract been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction or records, making false statements, or receiving 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) herein; and

4. Have not within a three-year period preceding this Contract had one (1) or more public transactions (Federal, State or local) terminated for cause or default.

B. Contractor shall not be identified as suspended or debarred on the federal System for Award Management’s (SAM) excluded list (https://www.sam.gov). If at any time during the term of this Contract, the County determines Contractor is identified as either suspended or debarred on the SAM, Contractor shall be considered in material breach of this Contract, and the County may proceed under the Correction of Performance Deficiencies at Section VII of this Contract, including immediate termination of this Contract. If Contractor becomes aware, at any point during the term of this Contract, that it is identified as suspended or debarred on the SAM excluded list, Contractor must immediately inform County. Such inclusion will be considered a material breach of the Contract and be sufficient grounds for immediate termination.

C. Without the prior written consent of the Assistant Executive Officer of Department Operations, this Contract is not assignable by Contractor either in whole or in part.

D. This is not an exclusive Contract. The County reserves the right to enter into a contract with other Contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation, under the terms of this Contract.

E. Contractor agrees to provide or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five (5) years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County Administrative Official” is MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 200 of 347 Standard Contract Page 8 of 28
defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer of the County or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

F. If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

G. Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

H. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DAAS through the HS Contracts Unit.

The County may withhold such consent in its sole discretion.

At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Paragraph CC of this Section III. All approved subcontractors shall be subject to the provision of this Contract applicable to Contractor Personnel, including removal pursuant to Paragraphs X and Y of this Section III.

For any subcontractor, Contractor shall:

1. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions;

2. Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County; and

3. Include in the subcontractor’s subcontract substantially similar terms as are provided in this Contract.

I. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within San Bernardino County. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books.

All records relating to the Contractor’s personnel, contractors, subcontractors, service/scope of work and expenses pertaining to this Contract shall be kept in generally acceptable accounting format. Records should include, but are not limited to, monthly summary sheets, sign-in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Code of Federal Regulations (CFR) that state the administrative requirements, cost principles and other standards for accountancy. Please refer to http://www.ecfr.gov/cgi-bin/textidx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl for further information.

All records shall be complete and current and comply with all contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract.

J. Contractor shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers.

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K. Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible.

Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems.

L. Contractor shall immediately notify County of any foreseen or unforeseen events that will or may cause a disruption in services. Upon notice of a foreseen or unforeseen event that disrupts service, the Contractor shall apprise County of the steps being taken to provide and/or restore services expeditiously as possible.

M. Contractor shall designate an individual to serve as the primary point of contact for the Contract.

Contractor shall notify the County when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to County inquiries within two (2) County business days. Contractor shall not change the primary contact without written notice to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

N. Contractor shall repair, or cause to be repaired, at its own cost, all damage to County property, vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Contractor shall also be responsible for damage caused by his/her staff to personal property of County employees. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. For such repairs, the Contractor shall repay all costs incurred by the County, by cash payment upon demand or County may deduct such costs from any amounts due to the Contractor from the County, as determined at County’s sole discretion.

O. Contractor shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and have considered their views and complaints regarding the delivery of services. The procedure must be in writing and posted in clear view of all recipients.

P. Contractor will ensure that staff are knowledgeable on the Client Complaint and Grievance Procedure, Older Americans Act Programs (Attachment A) and ensure that any complaints by recipients are referred to the County in accordance with the procedure.

Q. Contractor shall notify the County of all upcoming meetings of the Board of Directors or other governing party and shall keep the County apprised of any and all actions taken by its Board of Directors which may impact on the Contract. Board of Directors’ minutes shall be submitted to the County upon request. Further, a County representative shall have the option of attending Board meetings during the term of this Contract.

R. Contractor shall ensure that all staff, volunteers and/or subcontractors performing services under this Contract comply with the items below prior to providing any services. Additional information concerning these requirements is specified at http://hss.sbcounty.gov/Privacy. The information contained thereat is hereby incorporated by this reference.

1. Read, understand and comply with the Privacy and Security Requirements Summary.

2. Ensure employees, sub-contractors, agents, volunteers and interns who have access to PII complete the Privacy and Security Training and execute the training acknowledgement form and other training materials annually.

3. Ensure employees, sub-contractors, agents, volunteers and interns who have access to PII sign the Confidentiality Statement annually.

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4. Report actual, suspected or potential breaches of PII immediately to the Human Services Privacy and Security Office via email at:

[email protected].

S. Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

T. Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialized and includes, but is not limited to: technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

U. To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA) (Cal. Civil Code §§1798.100, et seq.). For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code Section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA that involves personal information received or maintained pursuant to this Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

V. Contractor shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. This responsibility shall include:

1. Assurance that all employees, agents, consultants or volunteers who perform services under this Contract and are mandated by Penal Code Sections 11164 et seq. to report child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.

2. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency.

3. Provision for arrangement of training in child abuse reporting laws (Penal Code section 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity.

W. Contractor agrees to and shall comply with the County’s Elder and Dependent Adult Abuse Reporting requirements: Under the terms of this Contract, as changes in the Elder and MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 203 of 347 Standard Contract Page 11 of 28
Dependent Adult Reporting Laws are enacted, the Contractor is bound to comply with the most current regulations.

1. Who Must Report: In accordance with Welfare and Institutions Code (W & I) Section 15630, all employees of the Contractor and its Subcontractors are mandated reporters of elder and dependent adult abuse. Contractor assures all employees, agents, consultants or volunteers who perform services under this Contract and are mandated to report elder and dependent adult abuse will sign a statement (SOC 341A) at http://www.cdss.ca.gov/cdssweb/entres/forms/English/SOC341A.pdf, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.

2. When to Report: Mandated reporters are required to report all instances of known or suspected abuse of the elderly and dependent adults immediately or as soon as practically possible, under the following circumstances:
a. When the mandated reporter has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse; or
b. When the mandated reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, isolation, neglect, financial abuse, mental abuse, or sexual abuse.

3. To Whom to Report: Incidents of elder and dependent adult abuse must be reported to the correct agency as follows:
a. If the abuse has occurred in a long-term care facility, except a state mental hospital or state developmental center, the report shall be made to the local Long-Term Care Ombudsman or local law enforcement;
b. If the abuse has occurred in a state mental hospital or state developmental center, the report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement;
c. If the abuse occurred anywhere other than a long-term care facility or State mental hospital or State developmental center, the report shall be made to Adult Protective Services or local law enforcement.

4. How to Report: Mandated reporters are required to take the following steps in all instances of known or suspected abuse of the elderly and dependent adults:
a. Place an immediate telephone call to Adult Protective services (1-877-565-2020) or local law enforcement to report the incident.
b. Within two (2) working days of making the telephonic report to the responsible agency, complete a written "Report of Suspected Dependent Adult/Elder Abuse" (SOC 341) form, http://www.cdss.ca.gov/Portals/9/FMUForms/QT/SOC341.pdf?ver=2018-11-15-132736-097. The completed form must be submitted to the same agency to which the incident was reported by telephone.

X. Contractor shall obtain from the Department of Justice (DOJ) records of all convictions involving any sex crimes, drug crimes, or crimes of violence of a person who is offered employment or volunteers for all positions in which he or she would have contact with a minor, the aged, the blind, the disabled or a domestic violence client, as provided for in Penal Code section 11105.3 prior to providing any services. This includes licensed personnel who are not able to provide documentation of prior DOJ clearance. A copy of a license from the State of California, which requires a DOJ clearance, is sufficient proof. The County must be immediately notified of any records showing a conviction. The County may instruct Contractor to take action to deny/terminate employment or terminate internship and/or volunteer services where the records show the person is unsuitable for employment, internship, or volunteer services.

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Y. Contractor shall notify the County of any staff member, member of the board of directors, paid intern or volunteer who is knowingly or negligently employed who has been convicted of any crime of violence or of any sexual crime. Contractor shall investigate all incidents where an applicant, employee, intern or volunteer has been arrested and/or convicted for any crime listed in Penal Code Section 11105.3 and shall notify the County. In the County's discretion, the County may instruct Contractor to take action to either deny/terminate employment or terminate internship and/or volunteer services where the investigation shows that the underlying conduct renders the person unsuitable for employment, internship, or volunteer services.

Contractor shall immediately notify the County concerning the arrest and/or conviction, for other than minor traffic offenses, of any paid employee, member of the board of directors, agent, consultant, intern, or volunteer staff, when such information becomes known to Contractor.

Z. In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

1. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

2. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

3. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

AA. Contractor shall make every reasonable effort to prevent employees, consultants or members of its governing bodies from using their positions for purposes that are or give the appearance of being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis.

BB. Contractor shall adhere to the County’s Travel Management Policy (08-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

CC. Contractor agrees to and shall comply with the following indemnification and insurance requirements:

1. Indemnification – The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 205 of 347 Standard Contract Page 13 of 28
and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

2. Additional Insured – All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy.

Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.1185.

3. Waiver of Subrogation Rights – The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County.

4. Primary and Non-Contributory – All policies required herein are to be primary and noncontributory with any insurance or self-insurance programs carried or administered by the County.

5. Severability of Interests – The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

6. Proof of Coverage – The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

7. Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A-VII”.

8. Deductibles and Self-Insured Retention – Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to Risk Management.

9. Failure to Procure Coverage – In the event that any policy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

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10. Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

11. The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
a. Workers’ Compensation/Employers Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
b. Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:

1. Premises operations and mobile equipment.

2. Products and completed operations.

3. Broad form property damage (including completed operations).

4. Explosion, collapse and underground hazards.

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5. Personal injury.

6. Contractual liability.

7. $2,000,000 general aggregate limit.
c. Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one (1) or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
d. Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
e. Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim or occurrence and two million ($2,000,000) aggregate limits.
or
Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits. or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion. f. Environmental Liability Insurance – In addition to the Basic Requirements/Specifications for all contracts, any contract that involves the use handling, transportation, storage, abatement, containment or testing of any substance that is potentially toxic or hazardous to the environment, including but not limited to, those listed as hazardous by the United States Department of Transportation or the CAL OSHA “Director’s list of Hazardous Substances” or listed as radioactive by the Nuclear Regulatory Commission, shall have the following additional requirements.

1. Environmental Liability Insurance with a combined single limit of not less than five million ($5,000,000) per claim or occurrence and a separate aggregate for the contract project. The required additional insured endorsement shall protect the County without any restrictions.

2. If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the start of the MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 208 of 347 Standard Contract Page 16 of 28
contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion. g. Abuse/Molestation Insurance – The Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
h. Cyber (internet) and Electronic Data Processing (EDP) Insurance – Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.

DD. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby.

Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract.

EE. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract.

FF. Contractor agrees to and shall comply with the County’s Equal Employment Opportunity Program, Employment Discrimination, and Civil Rights Compliance requirements:

1. Equal Employment Opportunity Program – The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the San Bernardino County and all rules and regulations adopted pursuant thereto: Executive Orders 11246, as amended by Executive Order 11375, 11625, 12138, 12432, 12250; Title VII of the Civil Rights Act of 1964; Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000), the California Fair Employment and Housing Act; and other applicable federal, state, and county laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted.

2. Employment Discrimination – During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment or service recipient because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

3. Civil Rights Compliance – The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation.

These policies must be developed into a Civil Rights Plan, which is to be on file with the County Human Services Contracts Unit within thirty (30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison.

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Upon request, the County shall supply a sample of the Plan format. The Contractor shall be monitored by the County for compliance with provisions of its Civil Rights Plan.

Contractor is required to maintain and provide a current Civil Rights Plan for the duration of the Contract and submit the Assurance of Compliance form (Attachment B) annually. a. Recognize any same-sex marriage legally entered into in a United States (U.S.) jurisdiction that recognizes their marriage, including one of the fifty (50) states, the District of Columbia, or a U.S. territory, or in a foreign country so long as that marriage would also be recognized by a U.S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same-sex marriage. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as "marriage," "spouse," “family," "household member"' or similar references to familial relationships to reflect inclusion of same-sex spouse and marriages. Any similar familial terminology references in the U.S. Department of Health and Human Services' (HHS) statutes, regulations, or policy transmittals will be interpreted to include same-sex spouses and marriages legally entered into as described herein. [USC 7-Section 3 of the Defense of Marriage Act] b. 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.”

4. Equity – Contractor shall adhere to and participate in County efforts ensuring all individuals and communities have equal access and opportunity to health and wellbeing by providing culturally and linguistically appropriate services to all people of color and culture, age, disabilities, gender, sexual orientation or gender identity including people with limited English proficiency (LEP). Services provided must be respectful of and responsive to the cultural and linguistic needs of County residents. a. Contractor shall assess the demographic make-up and population trends of its service area to identify the cultural and linguistic needs of the eligible service population. Such studies are critical to designing and planning for providing appropriate, effective and equitable services.
b. Contractor shall partner with and support community partners in addressing disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services. Partnering includes opportunities for partners and community members to design, implement and evaluate practices, and services ensuring equity and cultural and linguistic appropriateness.
c. Contractor shall work with County to communicate and provide opportunities for individuals and communities of color and culture to provide feedback on progress and outcomes achieved to address disparities in family stability, health and mental wellness, education, employment, housing and overall delivery of human services.
d. Contractor shall recruit, promote and support a culturally and linguistically diverse workforce that is responsive to and represents the population being served. This includes trained and competent bilingual staff.
e. Contractor shall provide training to enhance its workforce knowledge on cultural and linguistic competence. Becoming culturally and linguistically competent is a developmental process and incorporates at all levels the importance of culture, the assessment of cross-cultural relations, vigilance towards the dynamics that result from cultural differences, the expansion of cultural knowledge, and the MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 210 of 347 Standard Contract Page 18 of 28
adaptation of services to meet culturally-unique needs. Providing services in a culturally appropriate and responsive manner is fundamental in any effort to ensure success of high quality and cost-effective health and human services.

Offering those services in a manner that fails to achieve its intended result due to cultural and linguistic barriers does not reflect quality of care and is not costeffective. f. To ensure equal access to quality care for diverse populations, Contractors providing health and health care services may adopt the Federal Office of Minority Health Culturally and Linguistically Appropriate Services (CLAS) national standards.
g. Upon request, Contractor will provide County Human Services evidence of adherence to requirements listed above.

GG. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA).

HH. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (California Code of Regulations title 20, section 1401 et seq.).

II. If the amount available to Contractor under this Contract, as specified in Section V, Paragraph A, exceeds $100,000, Contractor agrees to comply with the Clean Air Act (42 U.S.C. Section 7606), section 508 of the Clean Water Act (33 U.S.C. section 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 C.F.R. section 1.1 et seq.).

JJ. In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the County in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractors must also be able to report on environmentally preferable goods used in the provision of Services to the County, utilizing a County approved form.

KK. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each Party to this Contract shall bear its own attorney’s fees and costs regardless of who prevails in the outcome of the dispute.

LL. Contractor shall register with 211 San Bernardino County Inland Empire United Way within thirty (30) days of contract effective date and follow necessary procedures to be included in the 211 database. The Contractor shall notify the 211 San Bernardino County Inland Empire United Way of any changes in program services, location or contact information within ten (10) days of any change. Services performed as a result of being included in the 211 database, are separate and apart from the services being performed under this Contract and payment for such services will not be the responsibility of the County.

MM. Contractor agrees that any news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County shall not be made or used without prior written approval of the DAAS Director or their designee, and shall include County approved branding.

NN. The Contractor, by signing this Contract, hereby certifies to the best of his or her knowledge and belief, that:

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1. No federal appropriated funds have been paid or will be paid, by or on behalf of the 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 any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of and federal contract, grant, loan or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities” form (Attachment D), in accordance with its instructions.

OO. IRAN CONTRACTING ACT 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/List-of-IneligibleBusinesses#@ViewBag.JumpTo) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Contractor agrees that signing the Contract shall constitute signature of this Certification.

PP. Contractor shall comply with the Environmental Tobacco Smoke/Pro-Children Act of 1994 (20 U.S.C 6081 et seq.).

QQ. Contractors shall complete and submit Information Sheet (Attachment E) in accordance with its instructions.

RR. Department of Aging and Adult Services contract with California Department of Aging, Article II Paragraph A (23), requires DAAS to provide contractors with additional resources for their customers called Community Focal Points List (Attachment F).

IV. COUNTY RESPONSIBILITIES
County shall:

A. Monitor and evaluate the performance of the Contractor in meeting the terms of the Contract and the quality and effectiveness of services provided based on the criteria as determined by the County.

B. Provide consultation and technical assistance in monitoring the terms of this Contract.

C. Compensate the Contractor for approved expenses in accordance with Section V of this contract.

V. FISCAL PROVISIONS
A. The maximum amount payable under this Contract shall not exceed $675,000, of which a portion will be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

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B. Contract shall be compensated on a cost reimbursement basis, limited to the obligations and expenditures outlined in the Program Budget (Attachment H) annually, attached hereto and incorporated by reference into this Contract. The Program Budget (Attachment H) will be revised annually, but shall not exceed the aggregate amount over the term of the Contract.

C. Matching Contributions

1. The Contractor shall provide in-kind matching contributions for all Federal Title III funding provided under this contract at a rate of 11.11%. The exact amount will be stated on budget received with annual allocation.

2. Matching contributions must be allowable costs as determined by CDA. Allowable costs may include, but are not limited to, rent, utilities, supplies, and personnel (volunteers).

3. Uncompensated indirect expense or Contractor allocated overhead expenses may be claimed as an in-kind matching expense if such expenses were determined on the basis of an approved indirect cost rate plan.

4. Contractor shall provide a Matching Funds Narrative (Attachment I) to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of allowable costs to be used as matching contributions for the period of the Contract. The identified matching contributions shall be reported to DAAS by the Contractor on a monthly or quarterly basis as specified in Section V, Paragraph D. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Contractor. If the Contractor does not have similar work, the rate shall be consistent with those in the labor market. b. All other in-kind contributions shall be valued at current market value.

D. Reports

1. Contractor, at such times and in such forms as DAAS may require, shall furnish statements, records, reports, data, and information requested by DAAS pertaining to the Contractor’s performance of services hereunder and other matters covered by this Contract. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Contractor for completion. (In the event of changes in these forms, DAAS shall advise the Contractor via written notice.) The Contractor shall develop and implement a process for ensuring quality control. Contractor shall meet the following standards for the submission of required financial reports:
a. Financial Reporting – Accurate, current and complete disclosure of the financial results of the program shall be made in accordance with the financial reporting requirements of this Contract. The following reports are to be submitted to DAAS when indicated:
1) Monthly
a) Monthly Expenditure Report (Attachment J) (Request for reimbursement) form – Due to DAAS Administration, Aging Fiscal, along with all back-up documentation by the 10th working day of the month following the month of services to the address stated below:

DAAS Administration
Attention: Aging Fiscal
Nutrition Program Staff Analyst
784 E. Hospitality Lane
San Bernardino, CA 92415-0515
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2) Annually – The following reports are due on an annual basis by no later than July 15:
a) Financial Close-out Report
b) Periodic Inventory Report
c) Single Audit or Financial Statement
d) Schedule of Expenditures of Federal Awards (SEFA)
3) Single Audit – If Contractor is a Single Audit entity as defined in this Contract, Contractor shall:
a) Communicate the Catalog of Federal Domestic Assistance (CFDA) number to the independent auditor conducting the organization’s Single Audit. The CFDA number for the III C Services is 93-045 and 93.053.
b) Provide a copy of Contractor’s Schedule of Expenditures of Federal Awards (SEFA) to DAAS on an annual basis.

E. Under normal conditions, Contractors shall expect payment approximately sixty (60) days after submission of a correctly prepared invoice.

F. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

G. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

H. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

I. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations.

J. Upon written demonstration of need by Contractor and at the option of County, funds may be advanced to Contractor by County upon approval of the Director of DAAS. Any such advance will cause the amounts payable to Contractor in the first ten (10) months of the payment year to be reduced by the amount determined by dividing total advance by ten (10). No advance will increase the amount shown in Paragraph A of this Section. In the event of early termination, the Contractor shall pay the remaining balance due to the County within thirty (30) calendar days.

If as a result of advanced income, the project earns interest on funds awarded by DAAS, that interest shall be identified as income to the program and used for program expenditures, with full documentation on file.

Contractor shall expend all funds received hereunder in accordance with this Contract.

DAAS reserves the right to refuse payment to the Contractor or later disallow costs for any expenditure determined by DAAS and/or CDA not to be in compliance with this Contract, or inappropriate to such activities, or for which there is inadequate supporting documentation presented, or for which prior approval is required but not granted.

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Contractor shall return to DAAS, immediately upon written demand, any funds provided under the Contract which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Contract, or the dissolution of the entity.

K. Contractor shall maintain accounting records to account for the funds received under the terms and conditions of this Contract separate from any other funds administered by the Contractor.

Contractor shall maintain records in accordance with generally accepted accounting principles.

L. General program income shall be used to increase the number of elderly served by a project, to facilitate access to such meals, and to provide supportive services directly related to nutrition as defined in the Scope of Work (Attachment C). General program income shall be used within the program in which it was earned.

M. The Contractor shall request a budget amendment, in writing, in advance of expenditures: 1) when aggregate expenditures are expected to exceed an approved budgeted line item by more than fifteen (15%) percent; or 2) to add a new budget line item. No budget revision may result in an increase of the maximum dollar amount stated in Paragraph A, of this Section. The written request must specify the changes requested, by line item and amount, and must include justification. Prior to implementation of a budget revision, the County shall approve (or deny) the budget revision request. The County has the authority to approve line item budget changes to the budget herein, as long as these changes do not exceed the total contract amount. County shall notify the Contractor in writing of the status of the budget revision request within fourteen (14) calendar days of receipt of the Contractor’s written request. The County reserves the right to deny the Contractor’s invoice for expenditures in excess of the approved budgeted line item amount.

VI. RIGHT TO MONITOR AND AUDIT
A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract.

B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. Contractor shall repay to the County within thirty (30) days of receipt of audit findings any reimbursements made by County to Contractor that are determined by subsequent audit to be unallowable pursuant to the terms of this Contract or by law.

C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract.

D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by county, federal and state representatives for a period of three (3) years after final payment under the Contract or until all pending county, state, and federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County’s reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and may be deducted from the following month's claim for reimbursement.

E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor.

F. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within sixty (60) days after the termination of MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 215 of 347 Standard Contract Page 23 of 28
the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit.

G. Pursuant to Code of Federal Regulations (CFR) – Title 2 CFR 200.501, Contractors expending $750,000 or more in federal funds within the Contractor’s fiscal year must have a single audit or program-specific audit performed. A copy of the audit performed in accordance with Code of Federal Regulations (CFR) – Title 2 CFR 200.501 shall be submitted to the County within thirty (30) days of completion, but no later than nine (9) months following the end of the Contractor’s fiscal year. Please refer to http://www.ecfr.gov/cgi-bin/text-idx?node=se2.1.200_1501&rgn=dv8 for further information.

H. The following closely related programs identified by the Catalog of Federal Domestic Assistance (CFDA) number are to be considered as an "Other cluster" for purposes of determining major programs or whether a program specific audit may be elected. The Contractor shall communicate this information to the independent auditor conducting the organization's single audit.

US Department of Health and Human Services:

Number 93.045 Older Americans Title III Grants for State and Community Programs on Aging
Number 93.053 Older Americans Act Section 311 – Nutrition Services Incentive Program
I. County is required to identify the Contractor Data Universal Numbering System (DUNS) numbers and Federal Award Identification Number (FAIN) in all County contracts that include Federal funds or pass through of Federal funds. This information is required in order for the County to remain in compliance with 2CFR Section 200.331, and remain eligible to receive Federal funding. The Contractor shall provide the Contractor name as registered in DUNS, as well as the DUNS number to be included in this Contract. Related FAIN will be included in this Contract by the County.

Contractor Name as
registered in DUNS City of Montclair
DUNS 84976919
FAIN
2201CAOACM-01 (Congregate Meals)
2201CAOANS-01 (Nutrition Services Incentive Program
2101CAHDC5-00 (HDC5) Consolidated Appropriations Act, 2021 suppl. Funding, nutrition OOA Title III C-2
2101CACM6-00 (American Rescue Plan (ARP) for Congregate Meals under Title III-C1 of the OAA
2101CAHD6-00 (American Rescue Plan (ARP) for Home
Delivered Meals under Title III-C2 of the OAA
VII. CORRECTION OF PERFORMANCE DEFICIENCIES
A. In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone.

B. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

C. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract.

1. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or

2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 216 of 347 Standard Contract Page 24 of 28

3. Withhold funds pending duration of the breach; and/or

4. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "2" of this paragraph; and/or

5. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

D. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one (1) or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies.

VIII. TERM
This Contract is effective as of July 1, 2022 and expires June 30, 2025, but may be terminated earlier in accordance with provisions of Section IX of the Contract. The Contract term may be extended for two (2) additional one-year periods by mutual agreement of the parties.

IX. EARLY TERMINATION
A. The County may terminate the Contract immediately under Section V. Paragraph A, if funds are not available to the County, and under the provisions of Section VII, Paragraph C, Item 5 of the Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant Executive Officer of Department Operations is authorized to exercise the County’s rights with respect to any termination of this Contract.

B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination.

C. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

X. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.

Contractor: City of Montclair
5111 Benito Street
Montclair, CA 91763
County: San Bernardino County
Human Services
Attn: Contracts Unit
150 S. Lena Road
San Bernardino, CA 92415-0515
B. In the event of any inconsistency between the terms of this Contract and any forms, attachments, statements of work (SOW), or specifications which may be incorporated into this Contract, the following order of precedence shall apply:

1. This Contract;

2. Attachments to this Contract, as indicated herein; and MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 217 of 347 Standard Contract Page 25 of 28

3. Price lists, SOWs, and other documents attached hereto or incorporated herein.

C. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

D. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate any contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

E. Time is of the essence in performance of this Contract and each of its provisions. Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

F. Contractor shall sign and return a Contractor/Vendor Confidentiality Statement (Attachment L) with this Contract to ensure Contractor is aware of, and agrees to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure.

G. Contractor shall complete the Security Incident Report (Attachment M) when CDA information assets are accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen. The Contractor must report all security incidents to DAAS immediately upon detection. The Security Incident Report must be submitted to DAAS within five (5) business days of the date the incident was detected.

H. Equipment – All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) which has a single unit cost of five hundred dollars ($500) or more, including tax, purchased with funds received under the terms of this Contract and not fully consumed in one (1) year shall be the property of the County, unless otherwise required by Funding Source, and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by County when the Contract is terminated. Additional terms are as follows:

1. The purchase of any furniture or equipment which exceeds a single unit cost of five hundred dollars ($500) and/or was not included in the Contractor’s approved budget, shall require the prior written approval of County, and shall fulfill the provisions of the Contract which are appropriate and directly related to Contractor’s services or activities under the terms of the Contract. County may refuse reimbursement for any cost resulting from such items purchased, which are incurred by Contractor, if prior written approval has not been obtained from County.

2. Before equipment purchases made by Contractor are reimbursed by county, Contractor must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract.

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3. Contractor shall submit an inventory of equipment purchased under the terms of this Contract as part of the monthly activity report for the month in which the equipment is purchased.

4. At the termination of this Contract, Contractor shall provide a final inventory to county and shall at that time query County as to requirements, including the manner and method in returning said equipment to County. Final disposition of such equipment shall be in accordance with instructions from County.

I. The State and County shall have all ownership rights in software or modifications thereof and associated documentation designed, developed or installed with Federal financial participation.

The Federal Government (Department of Health and Human Services) reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use and to authorize others to use for Federal Government purposes, such software modification, and documentation. Proprietary software packages that are sold or leased to the general public are not subject to the ownership provisions.

J. County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with County prior to publication. Contractor shall receive written permission from County prior to publication of said training materials.

K. All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and product, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section VIII, Term.

Unless otherwise directed by County, Contractor may retain copies of such items.

L. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

M. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

N. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected.

O. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in San Bernardino County, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts.

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P. In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

Q. The parties actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall remain in full effect.

R. In the event that a subpoena or other legal process commenced by a third party in any way concerning the services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise proceed herein in connection with defense obligations by Contractor for County.

S. This Contract supersedes and replaces all previous contracts, agreements and understandings, oral, written and implied, between the County and Contractor hereto with respect to the subject matter hereof. All such prior contracts, agreements and understandings are hereby terminated and deemed of no further force or effect.

T. Neither party shall be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than thirty (30) days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All delivery dates under this Contract affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.

U. The County desires that Municipalities, School Districts, and other Tax Districts within the San Bernardino County requiring the same services provided herein may at their option and through the County Purchasing agent, avail themselves of this Contract. Upon notice, in writing, the Contractor agrees to the extension of the terms of a resultant contract with such governmental bodies as though they have been expressly identified in this Contract, with the provisions that:

1. Such governmental body does not have and will not have in force any other contract for like purchases.

2. Such governmental body does not have under consideration for award any other bides or quotations for like purchases.

Such governmental body shall make purchases directly through and to the Contractor. The County will not be liable for any such purchase made between the Contractor and another governmental body who avails themselves of this Contract.

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XI. CONCLUSION
A. This Contract, consisting of 29 pages and Attachments A through M, is the full and complete document describing services to be rendered by Contractor to County, including all covenants, conditions, and benefits.

B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

D. IN WITNESS WHEREOF, the Board of Supervisors of San Bernardino County has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month, and year written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jacqueline Carey-Wilson, Deputy County Counsel Patty Steven, Contracts Manager Sharon Nevins, Director Date Date Date

SAN BERNARDINO COUNTY CITY OF MONTCLAIR
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Marcia Richter
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Director of Human Services
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 5111 Benito Street
Montclair, CA 91763
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ATTACHMENT A

CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
Purpose: To provide an orderly procedure for reviewing and resolving grievances promptly and to facilitate the resolution of grievances informally at the lowest level possible. Recipients of services provided by the Older Americans Act programs or persons authorized to act on their behalf can file a complaint against contractors, volunteers, and employees of programs administered by the local Area Agency on Aging (San Bernardino County Department of Aging and Adult Services – DAAS).

Reference: Title 22, Article 5. Grievance Process
Note: You have a right to confidentiality and your right to privacy will be respected to the extent possible. Only information relevant to your complaint will be released to the responding party unless you consent otherwise.

Complaints
May involve, but are not limited to, any or all of the following:
• Amount or duration of a service.
• Denial or discontinuance of a service
• Dissatisfaction with the service provided or with the service provider. • If your complaint involves an issue of professional conduct that is under the jurisdiction of another entity, you will be referred to the appropriate organization to pursue your complaint. • Failure of the service provider to comply with any of the requirements in the contract or regulations.
• If you believe you have been discriminated against or that there has been a violation of any laws or regulations.

Instructions
Complete the attached form and provide the requested information:
• Name, mailing address, and telephone number of complainant or person authorized to act on behalf of the complainant.
• Date and time of occurrence and names of individuals involved. • Name of Service Provider, and type of service involved. • Description of the grievance. Be as specific as possible. • Names of witnesses and contact information, if any.
• If applicable, cite the alleged violation of regulation, law or policy. • Requested remedy or resolution.
• Signature
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ATTACHMENT A

First Level of Grievance
The service provider (Contractor) is the first administrative level of resolution for complaints from recipients of services or persons authorized to act on their behalf. If the service is provided without a contractor and directly by DAAS, the complaint will be investigated and responded to by DAAS Administration at this level.

Time Frame
• Within one (1) week of alleged violation complete the grievance form and notify the contract provider.
• If possible, discuss issue with contract provider and make a good faith effort to resolve.

Contractor will issue a written response no later than ten (10) business days after receipt of grievance or from date of discussion.
• If resolved at this level no further action is required. If your complaint is not resolved, you may appeal the decision of the provider to the Second Level.

Second Level Grievance
The provisions of this section shall apply to both of the following:
• When the AAA (DAAS) is the service provider and the subject of the complaint. • When the complaint from older individuals or persons authorized to act on their behalf are dissatisfied with the contractor’s response at the first level of review.

Time Frame
If the contract provider at the first level of the grievance procedure does not resolve your complaint, you may appeal their decision to the second level of review within fifteen (15) business days of their written decision.

Note the following:
• All Complaints must be in writing and contain the information referenced in the “First Level of Grievance.”
• If a complainant cannot submit a written complaint at this level, the complainant may request DAAS to verbally accept the complaint or assistance in writing out the complaint. • If DAAS writes out the complaint, the complainant must review and sign the written complaint.

Complaints maybe hand delivered or mailed to the following address:

Department of Aging and Adult Services (DAAS)
Attention: APS Program Deputy Director
784 East Hospitality Lane
San Bernardino, CA 92408-3501
Or fax to: 909-891-3940
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ATTACHMENT A

Second Level Grievance Processing:
• A good faith effort will be made to resolve the complaint. • The Deputy Director or designee will conduct an impartial investigation of the written complaint. • A written response will be prepared and issued no later than fifteen (15) business days after receipt of the complaint.
• The written response will address the merits of the complaint and will either resolve the issues at dispute, or deny the complaint with an explanation.
• If the complainant is not satisfied with the decision at this level, they may exercise their right to request an administrative hearing pursuant to Section 7406 of Title 22.

Final Grievance Resolution
• Any complainant dissatisfied with the results of the review conducted at the second level grievance step may appeal the decision within thirty (30) days from the receipt of their written report and request a hearing to present his/her complaint orally before an impartial hearing officer/panel.
• The request for a hearing can be made either orally or in writing to the Director of San Bernardino County, Department of Aging and Adult Services. • No later than forty-five (45) days from the receipt of the hearing request, a hearing will be scheduled.
• The complainant will be notified of the following:
­ The date, time, and location of the hearing.
­ The complainant's and other party's right to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present.

Hearing Procedure
• An impartial hearing officer or panel will chair manage the hearing. • All persons testifying at the hearing will be placed under oath or affirmation • The hearing will be informal with testimony being restricted to the issues requiring resolution. • Technical rules of evidence and procedure will not apply at the hearing. • During the hearing all parties will have the right to:
­ Present evidence and witnesses;
­ Examine witnesses and other sources of relevant information and evidence; ­ Be recorded verbatim, either electronically or stenographically.

Conclusion of the Hearing
• No later than thirty (30) days after the date of the hearing was held, the hearing officer/panel will prepare a proposed decision based upon all relevant evidence presented and will consider applicable policies, procedures, regulations, and laws governing the program in reaching a decision.
• The proposed decision will include the following:
­ A description of each issue.
­ A statement indicating the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy will be included. ­ A citation of applicable laws and regulations.

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ATTACHMENT A

­ The proposed decision will be forwarded to either the Director of DAAS for the issuance of a final decision.
­ If the complaint is against the Director of DAAS, the proposed decision will be forwarded to the Chairperson of the Governing Board for the issuance of a final decision. ­ No later than thirty (30) days after receipt of the proposed decision, the director or the chairperson shall either adopt the proposed decision as the final decision or write a new final decision.
­ The decision will be mailed to the parties involved.
­ The decision is final and not subject to appeal
­ The decision will include procedures for ensuring that the remedies, if any, specified in the final decision are implemented.

Civil Rights
If you believe that your civil rights have been violated, please contact:

Deputy Director, Administration
Department of Aging and Adult Services
784 East Hospitality Lane
San Bernardino, CA 92415-0640

GRIEVANCE PROCEDURE CERTIFICATION
This is to certify that I have read, understood, and received a copy of the Client Complaint and Grievance Procedures for Older Americans Act Programs.
_______________________________________________ __________________ Signature of Service Recipient Date
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ATTACHMENT A

Grievant Signature Date Filed
Grievance/Complaint Form
Older Americans Act
Programs
Remedy Sought
Grievance Description (Clear concise statement. Attach additional sheets if necessary) Date of Action Causing Grievance Date of Meeting with Contract Provider Grievant Name Name of Service Provider
Home Address Telephone Number
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ATTACHMENT A

Reviewers Printed Name
Level II Decision (Attached on separate sheet)
I concur and do not appeal for Hearing I do not concur and request a Hearing I concur and do not appeal to the 2nd
Level
I do not concur and appeal to the 2nd
level
Reason for Appeal
Grievance Review - Level II
Date Received Level II Reviewer Signature Response Date Grievance Review - Level I
Date Received Level I Reviewer Signature Response Date
Reviewers Printed Name
Level I Decision (Attached on separate sheet)
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ATTACHMENT A

Date Received
Reason for Appeal For
Hearing
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ATTACHMENT B

ASSURANCE OF COMPLIANCE STATEMENT

ASSURANCE OF COMPLIANCE WITH THE

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS __________________________CITY OF MONTCAIR_____________________

NAME OF THE CONTRACTING AGENCY
(Hereinafter called the “Agency”)
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular 7 CFR section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135-11139.8, as amended; California Government Code section12940 (c), (h), (i), and (j); California Government Code section 4450; California Code of Regulations sections 11140-11200; Title 24 of the California Code of Regulations, Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state assistance; and HEREBY GIVES ASSURANCE THAT, it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE AGENCY HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the Agency agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135-11139.8, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the Agency directly or through contract, license, or other provider services, as long as it receives federal or state assistance; and shall be submitted annually with the required Civil Rights Plan Update.
____________________ ________________________________________

DATE SIGNATURE
CITY OF MONTCLAIR______________________

ORGANIZATION
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ATTACHMENT C

San Bernardino County
Elderly Nutrition Program
Scope of Work
This Scope of Work contains the measurable objectives mandated by the Department of Aging and Adult Services (DAAS) and the California Department of Aging (CDA) and required of the Elderly Nutrition Program (ENP) Contractor. The Scope of Work specifies and establishes monthly, quarterly, and annual time frames and constitutes the primary document for ongoing monitoring and annual Program and Fiscal monitoring. It will be used to measure the Contractor’s efforts toward providing quality nutrition services.

Contractor: City of Montclair
Region: West Valley
Service Area: Montclair
I. Program Description
A. The purpose of the ENP is to promote the general health and well-being of older individuals by reducing hunger, food insecurity, and malnutrition. It is also designed to encourage socialization to improve overall health outcomes. ENP providers procure, prepare, transport, and serve meals to eligible individuals. Providers also conduct nutrition screenings and provide nutrition education at congregate sites and/or individuals’ place of residence.

B. The goal of the ENP is to maintain or improve the physical, psychological, and social well-being of older individuals by providing or securing appropriate nutrition services and offering opportunities for socialization.

C. Objectives of the ENP are to:

1. Give preference to older individuals in greatest economic or social need with particular attention to low-income minority individuals.

2. Serve meals that provide one-third (1/3) of the Dietary Reference Intakes (DRIs) and are safe and of good quality.

3. Promote and maintain high food safety and sanitation standards.

4. Promote good health behaviors through nutrition education and nutrition screening of participants.

5. Promote or maintain coordination with other nutrition-related supportive services for older individuals.

D. The ENP’s target population are individuals who are sixty (60) years of age or older, with an emphasis on those in greatest economic and social need with particular MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 230 of 347

ATTACHMENT C

attention to low-income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas. The ENP shall:

1. Provide at least one (1) meal per day.

2. Serve meals at least five (5) days per week throughout the service area. a. Contractor operating at a lesser frequency in a service area where such a frequency is not feasible must obtain approval by the Director of DAAS.

Requests must be submitted in writing.

II. Eligibility for Nutrition Services
A. Eligible service population are those who are age sixty (60) or older with an emphasis on those in greatest economic and social need with particular attention to low-income minority older individuals.

1. Congregate Meals – Individuals eligible to receive a meal at a congregate nutrition site are:
a. Any older individual sixty (60) or older.
b. The spouse of any older individual.
c. A person with a disability, under age sixty (60), who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
d. A disabled individual who resides at home with and accompanies an older individual who participates in the program.

2. Volunteer Meals:
a. A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual of a meal.
b. A written policy for providing and accounting for volunteer meals shall be developed by the Contractor and implemented upon approval by DAAS.

3. Home-Delivered Meals – Individuals eligible to receive a home-delivered meal are:
a. Individuals who are age sixty (60) and frail, as defined below, homebound by reason of illness, disability, or otherwise isolated. 1) “Frail” is defined as an older individual is determined to be functionally impaired because the individual either:
a) Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility, and associated tasks, without substantial human assistance, including verbal reminding, physical cueing, or supervision.
b) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a serious health or safety hazard to the individual or to others.
b. A spouse of a person in sub-section (C)(1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.

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ATTACHMENT C

c. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. d. Priority shall be given to older individuals in sub-section (C)(1) above.

III. Requirements for Nutrition Services
A. Congregate Meals

1. Each Congregate Meal Contractor shall:
a. Include procedures for obtaining the views of participants about the services received.
b. Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.
c. Ensure each Congregate Meal participant completes the Client Intake Sheet (provided by DAAS) on the first day of service and annually thereafter.
d. Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS.

2. Each Congregate Meal site shall meet all of the following:
a. Be open to the public.
b. Sites including entrances shall be maintained to allow unrestricted and safe access to the meal site.
c. Have a paid staff or volunteer designated to be responsible for the day-today activities at each site, and physically be on-site during the time that ENP activities are taking place.
d. Have restrooms, lighting, and ventilation, which meet the requirements of the California Retail Food Code (CRFC).
e. Have equipment, including tables and chairs, which are sturdy and appropriate for older individuals. Tables shall be arranged to assure ease of access and encourage socialization.

B. Home-Delivered Meals

1. Each Home-Delivered Meals Contractor shall:
a. Develop and implement criteria to assess the level of need for homedelivered nutrition services of each eligible participant. b. An initial determination of eligibility may be accomplished by telephone.

This initial contact with the participant shall include completion of sections 1, 2, and 3 of the Client Intake Sheet (provided by DAAS). c. A written assessment shall be done in the home within two (2) weeks of beginning meal service, and shall include an assessment of the type of meal appropriate for the participant in their living environment. d. An older individual eligible for receiving home-delivered meals shall be assessed for need of nutrition-related supportive services, and referred as necessary.

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ATTACHMENT C

e. Re-assessment of need shall be determined quarterly. Such reassessment shall be done in the home of the participant at least annually.

Each re-assessment shall include completion of sections 1, 2, and 3 of the Client Intake Sheet (provided by DAAS).

2. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals.

3. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals).

4. Maintain appropriate documentation on each client. Documentation shall be kept on file to be monitored by DAAS.

C. Nutrition Services Annual Outcomes

1. Number of Days of Service: Meals are served at least five (5) days per week unless approved by the Director of DAAS.

2. Total Number of Meals to be served: A minimum of one (1) meal per day will be served to each eligible individual.

3. Number of Unduplicated Clients: A client is counted only once, no matter how many meals or services the client receives during a funding year. A participant who receives services throughout the year should be counted no more than one time for the purpose of reporting unduplicated client numbers.

A minimum of 95% of the total number of unduplicated clients and meals must be served. The Director of DAAS must approve requests to serve less than 95% of the total number of unduplicated clients and meals. All such requests must be in writing.

D. Nutrition Education Services for Participants

1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a. Nutrition Education for congregate sites may be delivered in person or via video, audio, online or distribution of hardcopy materials. Examples Program: C-1 (Congregate Meals)
Number of Days of Service: 252
Number of Meals: 20,561
Number of Unduplicated Clients: 350
Congregate Meal Site Location(s): 1
Region Site Name, City Meals Unduplicated Clients
West Valley Montclair Senior Center, Montclair 20,651 350 Program C-2 (Home-Delivered Meals)
Number of Days of Service: N/A
Number of Meals: N/A
Number of Unduplicated Clients: N/A
Home-Delivered cities to be served: N/A
Region City Meals Unduplicated Clients

N/A N/A N/A N/A
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ATTACHMENT C

include, demonstrations, presentations, social media message (includes text messages), newsletters, lectures or small group discussions, all of which may be augmented with printed materials.
b. Nutrition Education for home-delivered meal participants may consist solely of printed material.

2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants.

An annual Needs Assessment shall be performed by the ENP Contractor to make this determination. Contractor will develop a Nutrition Education Plan based on the Needs Assessment.

3. The Nutrition Education Plan and annual Needs Assessment tabulated results must be submitted to DAAS by August 1st of the fiscal year in which it is being provided. The Contractor must keep the completed assessment and the tabulated results on file.

4. Nutrition Education sessions must be reported monthly to DAAS using the Nutrition Education Monthly Service Unit Report.

E. Nutrition Education Annual Outcomes:

The unit of measure for Nutrition Education is one (1) session.

Program: C-1 (Congregate Meals) Program: C-2 (Home-Delivered Meals) Number of Sessions to be
provided annually: 4 Number of Sessions to be provided annually: N/A Number of Unduplicated Clients
to be served annually: 350 Number of Unduplicated Clients to be served annually: N/A F. Client Satisfaction Survey

1. The ENP Contractor shall conduct a Client Satisfaction Survey at least annually.

The survey instrument will be provided by DAAS and all findings from the survey must be used to improve services. The Contractor must keep the completed surveys and the tabulated results on file. A copy of the tabulated results must be submitted to DAAS by March 3rd of the fiscal year for which it is conducted.

II. Staffing
A. Manager or Director

1. The ENP Contractor shall have a manager on staff who shall conduct the day-today management and administrative functions of the ENP, and either have a, b, or c:
a. Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years’ experience as a food service supervisor, or, b. Demonstrate experience in food service such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of meeting the hours, this individual's MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 234 of 347

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performance shall be evaluated through quarterly monitoring by a registered dietitian, or,
c. Two (2) years’ experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire.

2. The ENP Contractor shall maintain documentation on file of the qualifications of the Program Manager or staff.

3. If the Contractor has more than one site, the Manager/Director shall monitor the sites on a bi-monthly basis. The bi-monthly visit shall be for the purpose of monitoring the food service practices of the employees and the implementation of the program requirements at the site level. Documentation of each visit shall be maintained on file for DAAS review.

B. Personnel – Paid Staff/Volunteers

1. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the ENP. The total number of staff should be based on the method and level of services provided and size of the service area.

2. Contractor must maintain a current organization chart of all positions (paid and volunteers) that perform work under this contract.

3. Contractor is encouraged to hire multi-lingual/multi-cultural staff to increase lowincome and ethnic minority program participation in accordance with federal mandates.

4. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions. Written job descriptions for all paid and volunteer staff shall be maintained.

5. Contractor shall complete a written work performance evaluation on all paid and volunteer staff at least annually.

6. All staff, paid and volunteer, that will be handling food must be in possession of a current San Bernardino County Food Handlers Certification Card.

7. Volunteers shall be recruited and used in any phase of the program operation where qualified.

8. Volunteers shall be screened and selected through a formal process that assesses their capabilities.

9. Volunteers shall receive the same training as paid staff.

10. Volunteers paid through other job training programs are not considered volunteers and must be paid the agreed upon rate charged for regular paid staff.

11. The ENP Contractor shall maintain a written Volunteer Policy that describes how volunteers are recruited, screened, what topics they are taught at orientation, and how often their performance is evaluated.

C. Registered Dietitian

1. Each ENP Contractor shall establish and administer nutrition services with the advice of a Registered Dietitian in accordance with Section 339 of the OAA, and follow the general requirements in Title 22, Division 1.8, Chapter 4, Article 5.

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2. The Registered Dietitian will provide the following activities to meet the mandated requirements:
a. At a minimum, quarterly monitor for safe food handling and sanitation practices of food facilities.
b. Review and approve the content of staff training prior to presentation. c. Develop, or review and approve the cycle menus.
d. Approve any food substitutions to meals originally approved. e. Provide input, review, and approve the Nutrition Education Plan prior to presentation.
f. Provide technical support and assistance as needed.

III. Staff Training Activities:

A. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the ENP Contractor, as required in Title 22, Division 1.8, Chapter 4, Article 5.

B. The Contractor’s Registered Dietitian shall review and approve the content of the Plan prior to presentation.

C. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled.

D. A copy of the Staff Training Plan that has been approved by the Contractor’s Registered Dietitian must be submitted to DAAS by August 1st of the fiscal year in which it is provided. The DAAS Registered Dietitian will review and approve the Staff Training Plan and return it to the Contractor. The DAAS approved Staff Training Plan must be kept on file.

E. A minimum of four (4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and home-delivered meal staff.

F. Training sessions shall be evaluated by those receiving the training. The Contractor must keep the evaluations on file for DAAS review.

G. The ENP Contractor shall maintain documentation of each training session on file.

Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations.

H. All staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks. Training, at a minimum, shall include:

1. Food safety, prevention of food borne illness, and HACCP principles.

2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures.

3. Elder Abuse Law and reporting procedures.

4. CDA Security Awareness Training (annually).

IV. Complaint Procedures
A. Each Contractor shall have a written Complaint Procedure posted in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 236 of 347

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notification shall also be posted in the primary language of a significant number of older individuals.

B. The Complaint Procedure will be available for the participants and will provide them the opportunity to provide positive as well as negative feedback to the Program Manager.

C. The Contractor shall have an assessment tool readily accessible for the seniors attending the congregate site or receiving a home-delivered meal.

V. Menu Planning Guidelines/Menu Requirements
A. Contractor is responsible for ensuring that all meals comply with the most recent Dietary Guidelines for Americans as mandated by the Older Americans Act Section 339(2)(A)(i).

B. A minimum of a four (4) week cycle shall be planned and submitted to the DAAS Registered Dietician.

C. Menu cycles shall include the availability of seasonal foods.

D. Health, cultural, ethnic, and regional dietary practices shall be considered in menu planning, food selection, and meal preparation.

The menu cycle shall be approved and signed by the Contractor’s Registered Dietitian and upon approval forwarded to the DAAS Registered Dietitian for certification. Menus shall be submitted to the DAAS Registered Dietitian forty-five (45) days prior to the beginning of the quarter containing the menu start date. Menu start dates are July, October, January and April. Allow thirty (30) days for the menu certification process.

Menus submitted in a timely manner will be returned to the Contractor at least fifteen (15) days prior to the menu start date. ENP Contractors are required to have menus certified prior to the menu start date.

E. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site.

F. Copies of the menus shall be made available to the participants upon request.

1. When planning the menus, the current California Food Guide and the Dietary Guidelines for Americans (DGA) must be considered. The criteria below are based on the sources mentioned, such as the most current DRIs and the USDA Food Guide, as well as the most recent CDA Program Memo and other guidance published by the CDA. Menus shall conform to these criteria and any updates issued by CDA. Provide a minimum of 550 calories per meal.

2. Limit total fat to no more than 25-30% of the calories averaged for the week.

3. Choose and prepare foods with low amounts of salt, soy sauce, and other high sodium items.

4. Include good sources of dietary fiber such as cooked dry beans at least four times a week and whole grains at least twice a week or 40% of meals per menu cycle if open fewer than five (5) days per week.

5. Include a variety of foods and preparation methods with consideration to color, combinations, texture, size, shape, taste, and preference of the participants served.

6. Dietary Reference Intake Values - Example:

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Table 1 below represents the most current DRI values and daily compliance range for target nutrients. The values provided are based on the USDA Food Guide calculated for one (1) meal for a woman over seventy (70) years of age whose activity level is sedentary. This example represents a majority of the older adult population served by the ENP statewide.
a) The nutrients selected for this table are based on the target nutrients to:
1) Promote health and prevent disease.
2) Prevent deficiencies.
3) Indicate diet quality.
4) Manage disease.

Table 1
Target Nutrients
Nutrient Target Value *
per meal Daily Compliance Range
Calories (Kcal) >550 Kcal >550 – 700 Kcal
Protein 15 gm 14 gm (in the entrée)
Fat (% of total calories) 20-35% <35% weekly average
Trans Fat <0.5g CRFC CH 12.6 section
114377. **
Vitamin A (ug) 233 RAE > 233 RAE 3 out of 5 days /wk
or 4 out of 7 days/wk
Vitamin C (mg) 25 mg 25 mg
Vitamin B6 (mg) 0.5 mg >0.5 mg
Vitamin B12 (ug) ** 0.8 ug 0.8 ug **
Calcium (mg) 400 mg >400 mg
Magnesium (mg) 105 mg >105 mg
Sodium (mg) 500-750 mg <1,000 mg
Fiber (gm) >7 gm >7 gm (may average over a
week based on AL value)
Potassium (gm) ** 1565 mg 1565 mg (may average over a
week based on AL value)
Vitamin D 200 IU 200 IU/3ug (may average over
a week)
*Note: It is necessary to use fortified foods to meet vitamin B12 needs. **California Retail Food Code: Commencing January 1, 2011, no food containing artificial trans-fat, including oil and shortening that contains artificial trans-fat for use in the deep frying of yeast dough or MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 238 of 347

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cake batter may be stored, distributed, served by or used in the preparation of any food within a food facility.

Recommended sodium content was liberalized based on the information from the 2009 National Survey of OAA participants. Data indicated that the ENP meal provides 40-50 percent of the participant’s daily intake for the more than half of the participants. Identify meals containing over 1,000 mg of sodium on the menu with an icon or asterisk referencing high sodium content.

G. Retinol Activity Equivalent (RAE)
Component Meal Pattern Requirements:

1. The California 1600-calorie component meal pattern has been developed to reflect the new DGA requirements for those programs that are not using computerized nutrient analysis.

2. The ENP Contractor has the discretion to allow occasional flexibility in planning meals that may not meet the meal pattern, but does meet the nutrient value requirements. Fortified food products and combination dishes used in a menu may not match the meal pattern, but may provide for the required nutrient values.

For example, a fortified snack bar as a dessert could be used to boost the nutrient value of a boxed lunch or special occasion meal.

3. Items that provide the following target nutrients should be identified on the menu when using a component meal pattern template:
a. Vitamin C – Provide one-third (1/3) of the DRI for vitamin C each meal – 25 mg (for a 1600-calorie menu).
b. Vitamin A – Provide one-third (1/3) of the DRI for vitamin A at least three (3) times per week, 250 µg (for a 1600-calorie menu).
c. Sodium – Meals that contain over 1,000 mg of sodium must be noted on the menu as a high sodium meal.
d. Fiber – Provide seven grams of fiber per meal. Programs may choose to average fiber content over a week.

4. Table 2 below provides an example of the elements in the California 1600-calorie meal pattern. Serving sizes are based on the USDA My Plate initiative (https://www.myplate.gov), which replaced the Food Guide Pyramid. This sample component meal pattern does not assure that meals meet one-third (1/3) of the DRIs and the DGA. Meals will require specific types of fruits and vegetables, whole grains, and high fiber foods in order to assure the target nutrients are provided. The component meal pattern may be deficient in vitamins E, B12, requiring additional nutrition education for participants on the selection of foods that are good sources of these nutrients.

The meal pattern in Table two (2) below is based on the minimum requirements for a sedentary female 70 years of age. If the majority of the population served by a Contractor falls within another requirement range (i.e., active 60 year old men), the serving sizes and minimum number of servings required can be adjusted to meet the service population. ENP Contractors should verify the population served and develop menu criteria accordingly.

Table 2
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California 1600 Calorie per Day Component Meal Pattern
Minimum Recommended Elements
Food Group Required servings for
550 calories per meal
Serving sizes for 1600
calorie level
Lean meat or beans 1 serving
2 ounces per meal 2 ounces = 1 serving
Vegetable 1 – 2 servings ½ cup = 1 serving
Fruit
1 serving ½ cup = 1 serving
Bread or Grain
At least ½ whole grain
1 – 2 servings 1 slice Bread = 1 serving
½ cup of rice or pasta = 1 serving
Low-fat milk or milk
alternate 1 serving 1 cup or equivalent measure
Fat
Optional
Dessert Optional - limit sweets use
fruit
Select foods high in fiber and low
in fat and sugar
(1) The number of servings per meal estimates provision of one-third of the DRIs. (2) Caloric value (1,600 Kcal/day) based on a 70 year-old female, “sedentary" physical activity level using Table 3 - Estimated Caloric Requirements in Each Gender and Age Group at Three Levels of Physical Activity, from the DGA 2010.
**Oils and soft margarines include vegetable, nut and fish oils, and soft vegetable oil spreads that have no trans-fats.

H. Meal Components – required for both computerized and component menus

1. Protein – meat, fish, poultry, legumes, eggs, and cheese:
a. A minimum of 2.0 ounces of cooked, edible portions of meat, fish, poultry, legumes, eggs, cheese, (or a combination thereof) providing at least 14 grams of protein. Programs should consider the preferences of the participants they serve.
b. Legumes should not be counted as both vegetable and protein. ENP Contractors may use other protein sources to provide the occasional vegetarian meal.

2. Vegetables (1-2 ½ cup servings):

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a. Vegetables as a primary ingredient in soups, stews, casseroles, or other combination dishes should total ½ cup per serving.
b. Raw leafy vegetables (salads) should equal 1 cup if they are to be considered a serving.

3. Fruit (1 serving):
a. A serving of fruit equals:
a. 1 medium sized whole fruit.
b. ½ cup fresh, chopped, cooked, frozen, or canned drained fruit. c. ½ cup 100% fruit juice.
b. Fresh, frozen, or canned fruit should be packed in juice, light syrup, or without sugar. Fruit packed in high sugar content syrup may be rinsed before using.

4. Breads/Grains (1 ounce equivalent serving):

One-half of the daily intake of grains should be from whole grains. Grains that are processed (not whole) must be fortified. Fifty-fifty mixtures of white and brown rice meet the requirement for whole grain and have demonstrated acceptance amount ENP participants. For variety, consider serving other grains such as corn, millet, oats, or quinoa.

5. Milk (8 fl. oz.):

Each meal shall contain eight (8) fluid ounces of fortified skim, low fat, or buttermilk. If religious preference precludes the acceptance of milk with the meal, it may be omitted from the menu (however, an equivalent substitute must be used).

6. Fat (Optional):
a. Replace solid fats with plant based oils to improve diet quality without added calories.
b. Choose plant based oils which have a high percentage of beneficial monosaturated and polyunsaturated fatty acids.
c. The DGAs encourage using oils as they contribute essential fatty acids to the diet. No food containing artificial trans-fat may be stored, distributed, served, or used in the preparation of any food within a food facility [CRFC114377].
d. Limit the consumption of solid fats. Solid fats are those that are solid at room temperature and have a high concentration of trans and saturated fats. Common sources of solid fats include butter, beef, chicken, port, stick margarine, and shortening.

7. Dessert (Optional):
a. Dessert may be provided as an option to satisfy the caloric requirements or for additional nutrients. Use fruit as a dessert as often as possible and limit sweets. The fruit, grains, and dairy products served as dessert can count towards the fruit, grain, or dairy requirements. Desserts that are low in fat and/or low in sugar are encouraged.

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b. When a dessert contains ½ cup of fruit per serving, it may be counted as a serving of fruit.
c. When a dessert contains the equivalent of 1 serving (1 ounce) starches/grains per serving, it may be counted as a serving of starches/grains (example: rice pudding or oatmeal cookie). d. When a dessert contains the equivalent of ½ cup of milk per serving, it may be counted as ½ serving of milk.

8. Condiments and Product Substitutes:
a. Sugar substitutes, pepper, herbal seasonings, lemon, vinegar, non-dairy coffee creamer, salt, and sugar may be provided, but should not be counted as fulfilling any part of the nutritive requirements. b. Condiments such as salad dressings, ketchup, soy sauce, mustard, and mayonnaise do not need to be counted in a menu analysis if they are served “on the side” and are not combined with the food.

9. Sodium:
a. The DGAs encourage reducing daily sodium intake to 1,500 mg per day for persons aged 51 or older, African Americans, persons who have hypertension, diabetes, or chronic kidney disease.
b. The target value for sodium is 500 mg per meal. The acceptable range is 500 - 750 mg per meal. However, the ENP meal provides 40-50 percent of the nutrient intake for the day for more than half of its participants. This fact provided the basis for establishing an acceptable ENP sodium range that is slightly higher than the DGAs recommends.
c. A potassium rich diet blunts the effect of sodium on blood pressure.

Research suggests that the general population does not consume sufficient amounts of potassium and would benefit from increasing potassium intake from foods.
d. Menu planners should take steps to reduce the levels of sodium in meals over time, including the following:
e. Focus on a stepwise reduction of sodium over time.
f. Set a goal to reduce sodium content of meals each year. For example:
g. The local ENP will reduce the sodium level of the meals by five percent (5%) over this Fiscal Year.
h. The ENP will provide not more than two high sodium meals per month. i. Maintain documentation of the reduction of sodium content of meals. j. Place potassium rich foods on the menu consistently. k. Provide nutrition education on the health impacts of high sodium intake on older adults.
l. Prepare foods without adding salt in the cooking process. m. Use herbal seasoning to replace salt.
n. Avoid potassium chloride salt substitutes. Individuals should only use these products under the supervision of a healthcare professional.

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o. Encourage using oil and vinegar as the preferred salad dressing. Provide at least one low-sodium salad dressing option.
p. Use an icon, such as a saltshaker, to identify a high sodium meal or clearly state on the menu that this meal contains more than 1,000 mg of sodium. ENPs should establish policies and procedures for purchasing healthful foods that incorporate the DGAs’ sodium recommendations.

ENPs can participate in transforming the food service industry by creating a demand for products that are lower in sodium and working with food purveyors to purchase lower sodium foods. Responsibility to reduce the amount of sodium in the diet of all Americans falls on both the food industry and consumers.

10. Meal Component/Nutrient Analysis
A meal component/nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Chapter 4, Article 5.

11. Computerized Nutrient Analysis Requirements
a. Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals. While meal patterns serve as a basic framework for menu planning, Contractors are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus. As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. ENP Contractors should focus on:
1) Vitamin A.
2) Vitamin C.
3) Protein.
4) Fat.
5) Sodium.
6) Fiber.
b. Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education.
c. The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; carbohydrates; total fat; saturated fat; total fiber; vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12, calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one-third of the DRIs, the menus should also follow the DGA.

IX. Food Procurement
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A. Food procurement procedures shall comply with Title 22, California Retail Food Code (CRFC) standards, and HACCP best practices guidelines.

B. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards for quality, sanitation, and safety.

C. To the extent possible, Contractors are encouraged to participate in group food purchasing.

D. A comparative cost analysis shall be performed either by the ENP Contractor or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available.

X. Food Storage
A. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

B. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies.

XI. Food Production
A. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

B. Food production and meal service shall be under the supervision of a trained staff in food service management to ensure food service sanitation and the practice of hygienic food handling techniques is followed. This person shall function with the advice of the Contractor’s Registered Dietitian.

1. Meals shall be served as indicated on the certified menus. In the event that a menu substitution must occur, the following procedure must be followed. The Contractor’s Registered Dietitian must approve all menu substitutions.

2. A Menu Substitution Form must be completed and signed by the Contractor’s Registered Dietitian.

3. The completed Menu Substitution form shall be kept on file for DAAS review.

C. Production Control

1. Production schedules or worksheets must be available in the food preparation area.

2. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize the leftover food and prevent waste.

3. Standardized recipes shall be used to ensure consistency of quality and quantity and adherence to menu guidelines.

4. Appropriate utensils for correct and consistent portion control shall be available and used at each site.

D. Meal Service/Temperature Monitoring

1. All food for congregate sites shall be packaged and transported in a manner in which it is protected from potential contamination and maintains appropriate hot and cold food temperatures.

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2. Meals shall be served to seniors “offer versus serve” – meaning participants are to be given an opportunity to decline a menu item. Food trays shall not be served ahead of time.

3. Temperature Checks:
a. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily immediately prior to dispatch from the central kitchen.
b. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service.
c. The ENP Contractor must have written procedures for monitoring food temperature.
d. The ENP Contractor must use a form to document food temperatures daily (i.e. Food Temperature Log).
e. The ENP Contractor shall have a staff member review the completed Food Temperature Logs at random a minimum of every other month. If problems are discovered, an action plan must be developed to resolve the issue.
f. All completed Food Temperature Logs must be maintained on file for DAAS review.

4. To maintain quality in prepared foods, holding times shall be kept to a minimum.

Long periods of holding hot foods at required temperatures diminish the nutrient content and palatability of foods.

5. Holding time shall not exceed two (2) hours between the end of production and the beginning of food service at the congregate site.

6. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured by a staff member directly from commercially filled bulk containers into the glass or cup from which it is consumed.

7. Single service utensils and tableware shall be used one time only and then discarded.

8. Safety of the food after it has been served at the congregate site and then removed by the participant from the congregate site is the sole responsibility of the participant and may be consumed by the participant as he/she deems it appropriate.

9. The Contractor shall have a sign posted in the congregate site stating, “Food removed from the congregate site is at your own risk.”
XII. Food Service Requirements
A. The ENP Contractor shall ensure that the following forms are available, completed daily, and maintained at each nutrition site for a minimum of 12 months:

1. Food Temperature Log – one should be maintained for congregate meals, home-delivered meals dispatched from that site, and one for foods chilled and/or frozen for individual meals, if applicable

2. Cleaning Schedule
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3. Equipment Temperature Log – for all dish machines, refrigerators, and freezers.

4. Production Schedule – applicable only if food is cooked at the site.

5. The current Environmental Health inspection shall be available at the site for review.

6. Staff and volunteers who are handling food shall possess a current food handlers’ card that shall be available for review.

XIII. Program Requirements
A. Client Intake Sheets / Nutrition Screening

1. The ENP Contractor will ensure that each participant completes the Client Intake Sheet form (provided by DAAS) to determine his or her level of nutritional risk.

Forms shall be completed for:
1) Congregate Meal Participants – at the beginning of service and then annually thereafter for clients who remain on the program.

Bold and asterisked fields are required for congregate meals. b. Home-Delivered Participants – at the beginning of service and then quarterly thereafter for clients who remain on the program. 1) Sections 1, 2, and 3 are required for home-delivered meals.

2. ENP Contractors are required to enter the client data into the client records management system timely but no later than the tenth (10th) business day following the month in which the intake was completed.

B. Outreach/Marketing Activities:

1. ENP Contractors are required to provide outreach in the community through community organizations and other groups. All outreach and marketing activities shall be documented and kept on file for the annual monitoring visit conducted by DAAS.

2. ENP Contractors shall develop and have handouts, brochures, and/or signs available in languages other than English and posted in locations such as churches, community service locations, and small stores serving the minority communities.

3. All marketing materials must be submitted to the DAAS Program Analyst at least four (4) weeks prior to disseminating and posting for review and approval.

C. Emergency Procedures:

1. ENP Contractors shall have a written Emergency/Disaster Plan.

2. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas.

3. Staff must be knowledgeable of emergency procedures.

4. Where feasible and appropriate, ENP Contractors shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C., Chapter 68, Section 5122 (2). Such arrangements shall be included in the Emergency/Disaster Plan.

D. Donations and Confidentiality:

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1. An eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal

2. The ENP Contractor shall develop a suggested contribution/donation amount.

When developing this contribution/donation amount, the income ranges of the older individuals in the community and the Contractor’s other sources of income shall be considered.

3. A sign indicating the suggested contribution for eligible individuals and the fee for guests shall be posted near the contribution container at each congregate meal site. A guest fee shall cover all meal costs.

4. No eligible individual shall be denied participation because of failure or inability to contribute. The Contractor shall ensure that the amount of the eligible participant’s contribution is kept confidential.

5. The ENP Contractor shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e., Contribution/Donation Procedures). Such procedures shall be kept on file for DAAS review.

6. All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition-related supportive services.

E. “No Soliciting” Sign:

The ENP Contractor shall ensure that a “No Soliciting” sign is posted on the door leading to the congregate nutrition site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses.

F. Coordination:

1. If applicable, develop a fair and equitable policy and procedure for referring participants to the appropriate transportation Contractor for securing public transportation to and from nutrition sites and have the policy available for review by DAAS.

2. Include the following statement on all advertising, brochures, poster, etc.:
“Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging.”

3. Coordinate service with other County departments and local agencies by providing time for presentations or special activities that promote a community based system of care for the participants attending nutrition sites.

G. Reporting:

1. All fiscal and program data must be reported monthly. Request for Reimbursement, i.e., invoice, is due to DAAS by the 10th business day of the month following the month of service. Client and service data must be available for review in the client records management system before payment can be approved. DAAS will provide training as needed.

2. The Contractor shall maintain support files including, but not limited to, invoices, payroll, Client Intake Sheets, and any other supporting documents to substantiate monthly reports.

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3. ENP Contractors are required to report all known or suspected cases of elder abuse to DAAS Adult Protective Service or law enforcement immediately by telephone. A written report must be sent within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation, or other treatment resulting in physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services, which are necessary to avoid physical harm or mental suffering.

4. Maintain records, by month, that support claimed in-kind expenditures.

5. Report expenditures funded with Deferred Income by September 30th of the FY in which it is being claimed.

6. Develop and have on hand for review by DAAS a cost allocation plan which explains the methods used to allocate costs between congregate and homedelivered meals or any other program funded by DAAS.

7. In the event additional funds become available, the Contractor will use the funds to increase the number of meals being provided to participants by either increasing the number of individuals attending its present sites, or by opening new sites in communities not already served by the Contractor. Exceptions to this requirement must be fully documented in writing and submitted to the Director of DAAS for prior approval.

H. Disposal of Equipment:

1. If the Contractor wishes to dispose of equipment purchased with Nutrition grant funding, they must submit a request, in writing, to DAAS. The request shall state the equipment description, the location of the equipment, and the reason for disposal.

2. Contractor shall submit a list of equipment purchased with grant funding by location.

I. Mandatory Meetings

1. Contractor is required to attend all Nutrition Contractor meetings hosted by DAAS.

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ATTACHMENT D