CONSOLIDATED FIRE AGENCIES
CONTRACTING AGENCY AGREEMENT
(City of Montclair)
This Agreement (“Agreement”) is by and between the Consolidated Fire Agencies (“CONFIRE”), a joint powers authority duly authorized and existing under Government Code, § 6500 et seq., and the City of Montclair (“Contracting Agency”), a fire protection district duly authorized and existing under Health & Safety Code § 13800 et seq. CONFIRE and Contracting Agency may be individually referred to as a “Party” and collectively as the “Parties.”
1. EXHIBITS
This Agreement has multiple Exhibits. Any Exhibit that is specified in this Agreement is by this reference made a part of it.
Exhibits include:
Exhibit A: Scope of Services
Exhibit B: Compensation
Exhibit C: Effective Date and Term
Exhibit D: General Terms and Conditions
Exhibit E: HIPAA Business Associate Agreement
o Appendix 1 to Exhibit E: General Terms and Conditions to HIPAA Business Associate Agreement
2. INDEPENDENT CONTRACTOR
a. CONFIRE, in the performance of this Agreement, is and shall act as an independent contractor.
b. Neither Contracting Agency, nor any of Contracting Agency’s employees, shall be considered officers, employees, agents, partner, or joint venture of CONFIRE; nor shall such persons be entitled to benefits of any kind or nature normally provided to employees of CONFIRE.
c. Neither CONFIRE nor any of CONFIRE’s employees shall be considered officers, employees, agents, partner, or joint venture of Contracting Agency; nor shall such persons be entitled to benefits of any kind or nature normally provided to employees of Contracting Agency.
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3. SCOPE OF SERVICES
CONFIRE shall furnish to the Contracting Agency the services described in Exhibit A (“Services”).
4. COMPENSATION
CONFIRE shall receive payment, for Services rendered pursuant to this Agreement, as specified in Exhibit B (“Compensation”).
5. EFFECTIVE DATE AND TERM
The Effective Date and Term are set forth in Exhibit C.
6. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions are set forth in Exhibit D.
7. NOTICE
Any notice required by this Agreement may be given either by personal service or by deposit (postage prepaid) in the U.S. mail addressed as follows:
To CONFIRE:
Consolidated Fire Agencies
Attn: Nathan Cooke,
Interim Communications Director
1743 Miro Way
Rialto, CA 92376
To Contracting Agency:
City of Montclair
Attn: Ryon Dierck, Fire Chief
5111 Benito St, Montclair, CA 91763
8. HIPPA BUSINESS ASSOCIATE AGREEMENT
The “Business Associate Agreement by and between Contracting Agency and CONFIRE” is set forth in Exhibit E.
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The Parties have executed this Agreement on the dates indicated below.
Consolidated Fire Agencies
Date: , 2025
By:
Print Name: Nathan Cooke
Its: Interim Communications Director
City of Montclair
Date: , 2025
By:
Print Name: Javier John Dutrey
Its: Mayor
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EXHIBIT A
TO CONTRACTING AGENCY AGREEMENT
SCOPE OF SERVICES
1. CONFIRE shall provide the following services to the Contracting Agency (“Services”):
a. Utilizing Contracting Agency’s primary public safety answering point or other authorized reporting mechanism, answering emergency telephone calls from the public.
(1) In connection with emergency medical calls, CONFIRE shall utilize an accredited Emergency Medical Dispatch (EMD) protocol. This also includes the use of an Emergency Care Nurse System (ECNS). b. Providing emergency fire, rescue, and ambulance dispatch services to Contracting Agency on a twenty-four (24) hour per day basis, seven (7) days a week. c. Upon receiving an emergency call, alerting Contracting Agency’s appropriate station, personnel, and equipment, identifying the appropriate equipment. (1) The primary modes of alerting are: Motorola 800 MHz SIMS, voice delivered over an 800 MHz trunked radio system, Alternative Paging Methodologies (Mobile and App based), and an IP-based data stream delivered over a circuit that must be received and broadcast in stations by Contracting Agency-owned equipment.
d. Recording and, for a duration equal to that for which CONFIRE generally stores such records, maintaining audio recordings of all requests for emergency service and the primary radio traffic associated with the emergency incident. (1) CONFIRE may record radio traffic as well and may retain such recordings for a duration equal to that for which CONFIRE generally stores such records.
e. Recording and, for a duration equal to that for which CONFIRE generally stores such records, maintaining incident records stored in CONFIRE’s computer aided dispatch system, which includes information related to the incident that includes reported times, location, nature of emergency, call-back number, units responding to the incident, and any other data recorded electronically during the incident. f. As deemed appropriate by CONFIRE, providing trained and certified staff, supervision, and management personnel to support the services CONFIRE provides.
g. Provide 40-hour per week Duty Chief coverage for the Valley Dispatch Center.
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h. Providing, on an ongoing basis, Geofile maintenance services for the purpose of maintaining the accuracy of the geographic information in the computer-aided dispatch system.
(1) This may include updating the Street Network, modifying response areas and various overlays (ambulance, mutual threat areas etc.), and providing other Geofile services necessary to the dispatch services described above. i. Making available to the Contracting Agency the Agency Fire Response Map. (1) This is an electronic map of the Contracting Agency’s immediate area of responsibility and adjacent jurisdictions. The map references (pages) will be the only map referenced in the dispatching process.
(2) CONFIRE will make these electronic maps available to agencies through electronic means.
(3) Agencies may print maps and created hard copy map books at their own expense.
j. Providing Contracting Agency use and access to the following software programs:
(1) Pulse Point.
(2) Firstwatch (includes FOAM and First Pass modules)
(3) First Due (Cost based on population)
k. Providing all equipment and support reasonably necessary for CONFIRE to deliver the services described in 1.a. through 1.i. above.
2. Should Contracting Agency desire additional (optional) services from CONFIRE, and should CONFIRE agree to provide such services, the Parties must execute an amendment to this Agreement incorporating those services into the Services as “Additional Services” and setting forth the additional compensation to be paid for the added services.
3. Examples of Additional Services might include:
a. Kronos Workforce
b. Tablet Command
c. WestNet Station Alerting
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4. Additional Services to be provided upon Effective Date of this Agreement are:
a. Tablet Command
b. West Net Station Alerting
c. Meraki Firewall
5. In receiving the Services, Contracting Agency shall do the following:
a. To the extent that such policies and procedures are not inconsistent with the policies and procedures of Contracting Agency, Contracting Agency shall comply with the policies and procedures of CONFIRE.
(1) The policies and procedures of CONFIRE include, by way of illustration and not by limitation, all information technology security policies applicable to the Services.
(2) CONFIRE shall provide Contracting Agency access to CONFIRE’s existing policies and procedures upon execution of this Agreement and any updates as they are updated.
b. Comply with the latest technology directives issued by CONFIRE. (1) The directives include, by way of illustration and not by limitation, the directive mandating the installation of a CONFIRE-approved modem on all response vehicles for the provision of Automated Vehicle Location (AVL) services.
c. Acquire and maintain station alerting equipment which meets adopted CONFIRE standards and specifications.
d. Maintain all CONFIRE owned equipment according to the specifications and requirements of CONFIRE.
e. Maintain all radio and pager frequencies as required by CONFIRE.
6. The Contracting Agency is authorized to use CONFIRE’s radio talkgroups and frequencies by virtue of this Agreement. Authorization for use of these frequencies and talkgroups shall terminate upon termination of this Agreement. The intent of the Parties is to keep primary dispatching and communications on existing CONFIRE JPA frequencies and talkgroups.
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EXHIBIT B
TO CONTRACTING AGENCY AGREEMENT
COMPENSATION
Compensation to be paid as follows:
A. FEES FOR SERVICES:
1. In exchange for the Services set forth in Exhibit A, paragraph 1, Contracting Agency shall pay CONFIRE a sum identified by CONFIRE through its annual budget process, which shall be limited to Contracting Agency’s proportionate share of CONFIRE’s projected operating costs. CONFIRE has provided written notice of this sum to Contracting Agency (Attachment A).
a. Contracting Agency’s proportionate share of CONFIRE’s projected operating costs shall be computed as follows:
(1) All incidents dispatched by CONFIRE for Contracting Agency during the preceding calendar year; divided by
(2) All incidents dispatched by CONFIRE during the preceding calendar year; results in
(3) Contracting Agency’s percentage of the total number of incidents dispatched.
b. This formula does not include direct costs incurred for ISD radio billing pass-through (optional service) or other ‘seat’ or inventory-based items such as software licenses, voice and data circuit charges, cellular device charges etc. These costs, including support costs, are passed through to each agency and are not subject to the cost-per-call formula.
2. Invoices are issued on a quarterly basis.
3. Payment is due within thirty (30) days upon receipt of the invoice.
B. ADDITIONAL FEES:
1. Contracting Agency shall also pay an annual premium. a. This premium shall be paid annually and shall be five percent (5%) of Contracting Agency’s annual fee for services (see Paragraph A.1. above). b. Dollars paid pursuant to this provision shall:
(1) Be collected for and held in CONFIRE’s Term Benefit Reserve Fund (5011).
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(2) Be available to the Contracting Agency for use to offset membership costs should the Contracting Agency seek such status.
(3) If not used to offset membership costs, remain in this fund for use by CONFIRE as deemed appropriate.
c. This annual premium will be assessed and paid, in the first quarter of each fiscal year. The amount will be included in the annual written notice referenced in Section A.1 of Exhibit B.
2. In the event that CONFIRE agrees to provide Contracting Agency with Additional Services, Contracting Agency shall pay CONFIRE for those Additional Services at the rate agreed by the Parties.
3. Contracting Agency shall pay directly to the appropriate telephone company(ies) all costs of telephone service to the Contracting Agency, and any foreign exchange telephone service, utilized for emergency numbers to CONFIRE. The Contracting Agency has the option to use the countywide emergency number (909-822-8071 or 800-340-9110) at no additional charge as a backup to the Emergency 9-1-1 System.
4. Contracting Agency shall pay CONFIRE the equipment replacement costs assessed by CONFIRE for damage to CONFIRE issued equipment caused by Contracting Agency’s use or misuse of said CONFIRE issued equipment, which shall be added to Contracting Agency’s payment set forth in Section A of this Exhibit B.
5. In the event that CONFIRE incurs additional costs or expenses as a result of Contracting Agency’s delay or failure in complying with the terms and conditions of this Agreement, Contracting Agency shall pay CONFIRE the amount of CONFIRE’s additional costs or expenses so resulting.
6. In the event of temporary complete disruption of service by CONFIRE, Contracting Agency has the right to assume dispatch functions at its discretion. As used herein, “temporary” means a period of time not to exceed twenty-four (24) hours from the time such service disruption occurs. If disruption occurs beyond twenty-four (24) hours, Contracting Agency shall not be charged for those days during the complete disruption period of time. A complete disruption shall mean all communication services by CONFIRE, including all backup methods, systems and protocols have become unavailable.
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EXHIBIT C
TO CONTRACTING AGENCY AGREEMENT
EFFECTIVE DATE AND TERM
1. This Agreement is effective on July 1, 2025 (“Effective Date”).
2. Unless terminated or otherwise cancelled in accordance with this Agreement, the term of this Agreement shall be: (i) from the Effective Date through (ii) June 30, 2026 (the “Term”).
3. At any time during the term of this agreement the Contracting Agency may submit to CONFIRE (in accordance with CONFIRE policies and regulations) an application to become a party to the CONFIRE Joint Powers Agreement.
4. Upon admission as a member of CONFIRE, the provisions of the CONFIRE Joint Powers Agreement and any bylaws, policies, or other instruments promulgated thereunder will govern the relationship between the parties of that CONFIRE Joint Powers Agreement and this Agreement will terminate.
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EXHIBIT D
TO CONTRACTING AGENCY AGREEMENT
GENERAL TERMS AND CONDITIONS
1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted and this Agreement shall be read and enforced as though it were included. If through mistake or otherwise, any provision is not inserted or is not correctly inserted, then upon application of either Party, the Agreement shall be amended to make the insertion or correction. All references to statutes and regulations shall include all amendments, replacements, and enactments in the subject which are in effect as of the date of this Agreement, and any later changes which do not materially and substantially alter the positions of the Parties.
2. ASSIGNMENT AND SUCCESSORS. Neither Party shall, without the prior written consent of the other Party, assign the benefit or in any way transfer their respective obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and, except as otherwise provided herein, upon their executors, administrators, successors, and assigns.
3. SEVERABILITY. In the event that any provision of this Agreement shall be construed to be illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions hereof, but such illegal or invalid provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal or invalid provision had never been included herein, unless to do so would frustrate the intent and purpose of this Agreement.
4. FORCE MAJEURE. No Party shall be liable to any other Party for any loss or damage of any kind or for any default or delay in the performance of its obligations under this Agreement (except for payment obligations) if and to the extent that the same is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, epidemics, pandemics, quarantines, acts of God, acts of war, terrorism, civil unrest or political, religious, civil or economic strife, or any other cause beyond a Party’s reasonable control.
5. VENUE/GOVERNING LAWS. This Agreement shall be governed by the laws of the State of California. The venue of any action or claim brought by any Party to this Agreement shall be the County of San Bernardino.
6. ATTORNEY’S FEES. If suit is brought by either Party to enforce any of the terms of this Agreement, each Party shall bear its own attorney’s fees and costs.
7. ENTIRE AGREEMENT. This Agreement represents the entire agreement between Parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended or modified only by an agreement in writing, signed by both Contracting Agency and CONFIRE.
8. MODIFICATION. This Agreement may be amended at any time by the written agreement of CONFIRE and Contracting Agency.
9. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
10. AUTHORITY. The individual executing this Agreement on behalf of Contracting Agency warrants that he/she is authorized to execute the Agreement on behalf of Contracting Agency and that Contracting Agency will be bound by the terms and conditions contained herein.
11. HEADINGS AND CONSTRUCTION. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. Unless otherwise indicated, all references to paragraphs, sections, subparagraphs, and subsections are to this Agreement.
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12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, when signed by all of the Parties hereto, shall constitute one and the same instrument. A facsimile or electronic signature shall be as valid as an original.
13. INDEMNIFICATION.
A. By CONFIRE. CONFIRE shall indemnify, defend and hold harmless Contracting Agency, and all of its employees, officials, and agents (“Contracting Agency Parties”), from and against any and all claims, demands, suits, judgments, expenses and costs of any and every kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees, insofar as it may legally do so, arising from the negligent or wrongful acts or omissions of CONFIRE’S officers, agents, volunteers or employees (“CONFIRE’s Parties”) arising out of, or in any way attributable to, the performance of this Agreement. CONFIRE shall not be held responsible or liable for any loss, damage, detention or delay caused by strike, lockout, fire, flood, act or civil or military authority, insurrection or riot, or by any other cause which is not foreseeably within its control. CONFIRE’s obligation to defend the Contracting Agency Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, penalties, obligations, errors, omissions, and/or costs.
B. By Contracting Agency. Contracting Agency shall indemnify, defend and hold harmless CONFIRE Parties from and against any and all claims, demands, suits, judgments, expenses and costs of any and every kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees, insofar as it may legally do so, arising from the negligent or wrongful acts or omissions of Contracting Agency Parties arising out of, or in any way attributable to the performance of this Agreement.
Contracting Agency shall not be held responsible or liable for any loss, damage, detention or delay caused by strike, lockout, fire, flood, act or civil or military authority, insurrection or riot, or by any other cause which not foreseeably within its control. Contracting Agency’s obligation to defend CONFIRE Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, penalties, obligations, errors, omissions, and/or costs.
14. INSURANCE.
A. Each Party shall carry $1,000,000/$2,000,000 (occurrence/general and product/completed operations aggregate) of commercial general liability coverage (or participate in a public agency risk pool for such amount) and each Party agrees to give the other, its directors officers, employees, or authorized volunteers insured status under its policy using ISO “occurrence” form CG 00 01 or equivalent and to provide a certificate of insurance and additional insured endorsement. Commercial general liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
B. Each Party shall carry 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.
C. Each Party shall carry Automobile Liability Insurance (or participate in a public agency risk pool for such amount) with coverage at least as broad as ISO Form CA 0001 covering "Any Auto" (Symbol 1), including owned, non-owned and hired autos, or the equivalent with minimum limits of $1,000,000 each accident.
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EXHIBIT E
TO CONTRACTING AGENCY AGREEMENT
BUSINESS ASSOCIATE AGREEMENT
BY AND BETWEEN
CONTRACTING AGENCY AND CONFIRE
This Business Associate Agreement (“BAA”) is entered into by and between Consolidated Fire Agencies (“Business Associate”), a California joint powers authority existing pursuant to Gov.
Code, § 6500 et seq., and the City of Montclair (“Covered Entity”), a fire protection district duly authorized and existing under Health & Safety Code § 13800 et seq. Business Associate and Covered Entity may be collectively referred to as the “Parties” or individually as a “Party.”
RECITALS
Covered Entity is contracting with Business Associate for the performance of certain services (“Services”), as set forth in the Agreement to which this BAA is attached as Exhibit E; Covered Entity is a covered entity as defined in 45 C.F.R. § 160.103; Business Associate is a business associate, as defined in 45 C.F.R. § 160.103, of Covered Entity; 45 C.F.R. § 164.504 requires that covered entities enter into agreements with their business associates that satisfy the requirements of 45 C.F.R. § 164.504(e)(2); and Business Associate and Covered Entity are both governmental entities for the purposes of 45 C.F.R. § 164.504 (e)(3)(i).
AGREEMENT
1. General Terms and Conditions
The General Terms and Conditions to this BAA are set forth in Appendix 1.
The Parties have executed this Agreement on the dates indicated below. The last of the two dates shall be the “Effective Date” of this BAA.
Consolidated Fire Agencies
Date: , 2025
By:
Print Name: Nathan Cooke
Its: Interim Communications Director
City of Montclair
Date: , 2025
By:
Print Name: Javier John Dutrey
Its: Mayor
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APPENDIX 1 TO EXHIBIT E
TO CONTRACTING AGENCY AGREEMENT
General Terms and Conditions to Business Associate Agreement I. DEFINITIONS.
a. Generally. Capitalized terms used within the
BAA without definition, including within
this Appendix 1, shall have the meanings
ascribed to them in the Health Insurance
Portability and Accountability Act and 45
C.F.R. Part 160 and 164 (“HIPAA and
HIPAA Regulations”), and the Health
Information Technology for Economic and
Clinical Health Act and 45 C.F.R. Part 170
(“HITECH Act and Regulations”), as
applicable, unless otherwise defined herein.
HIPAA and HIPAA Regulations and
HITECH Act and Regulations are
collectively referred to herein as “Applicable
Law”.
b. Catch-all Definition. The following terms
used in this BAA shall have the same
meaning as those terms in the HIPAA and
HIPAA Regulations: Breach, Data
Aggregation, Designated Record Set,
Disclosure, Health Care Operations,
Individual, Minimum Necessary, Notice of
Privacy Practices, Protected Health
Information, Required By Law, Secretary,
Security Incident, Subcontractor, Unsecured
Protected Health Information, and Use.
II. OBLIGATIONS AND ACTIVITIES OF
BUSINESS ASSOCIATE.
Business Associate agrees to:
a. Not use or disclose Protected Health
Information other than as permitted or
required by this BAA, the Agreement, or as
required by law;
b. Use appropriate safeguards, and comply with
Subpart C of 45 CFR Part 164 with respect to
electronic Protected Health Information, to
prevent Use or Disclosure of Protected
Health Information other than as provided for
by this BAA;
c. Report to Covered Entity any Use or
Disclosure of Protected Health Information
not provided for by this BAA of which it
becomes aware, including breaches of
Unsecured Protected Health Information as
required at 45 CFR 164.410, and any Security
Incident of which it becomes aware;
d. In accordance with 45 CFR 164.502(e)(1)(ii)
and 164.308(b)(2), if applicable, ensure that
any Subcontractors that create, receive,
maintain, or transmit Protected Health
Information on behalf of the Business
Associate agree to the same restrictions,
conditions, and requirements that apply to
Business Associate with respect to such
information;
e. Make available Protected Health Information
in a Designated Record Set to Covered Entity
or to an individual whose Protected Health
Information is maintained by Business
Associate, or the individual’s designee, and
document and retain the documentation
required by 45 CFR 164.530(j), as necessary
to satisfy Covered Entity’s obligations under
45 CFR 164.524;
f. Make any amendment(s) to Protected Health
Information in a Designated Record Set as
directed or agreed to by the Covered Entity
pursuant to 45 CFR 164.526, or take other
measures as necessary to satisfy Covered
Entity’s obligations under 45 CFR 164.526;
g. Maintain and make available the information
required to provide an accounting of
Disclosures to the Covered Entity as
necessary to satisfy Covered Entity’s
obligations under 45 CFR 164.528;
h. To the extent the Business Associate is to
carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part
164, comply with the requirements of
Subpart E that apply to the Covered Entity in
the performance of such obligation(s); and
i. Make its internal practices, books, and
records available to the Secretary for
purposes of determining Business
Associate’s or Covered Entity’s compliance
with HIPAA and HIPAA Regulations.
III. PERMITTED USES AND DISCLOSURES
BY BUSINESS ASSOCIATE.
a. Business Associate may only Use or Disclose
Protected Health Information as necessary to
perform the Agreement(s).
b. Business Associate may Use or Disclose
Protected Health Information as required by
law.
c. Business Associate agrees to make Uses and
Disclosures and requests for Protected Health
Information consistent with Covered Entity’s
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Minimum Necessary policies and
procedures.
d. Business Associate may not Use or Disclose
Protected Health Information in a manner
that would violate Subpart E of 45 CFR Part
164 if done by Covered Entity.
IV. PERMISSIBLE REQUESTS BY COVERED
ENTITY.
a. Covered Entity shall not request Business
Associate to Use or Disclose Protected
Health Information in any manner that would
not be permissible under Subpart E of 45
CFR Part 164 if done by Covered Entity.
V. TERM AND TERMINATION.
a. Term. This BAA is effective as of the
Effective Date and will continue in force until
terminated.
b. Termination for Convenience. Either Party
may terminate this BAA at any time, for any
reason or for no reason, by giving the other
Party at least thirty (30) days’ prior written
notice.
c. Obligations of Business Associate Upon
Termination. Upon termination of this BAA
for any reason, Business Associate shall
return to Covered Entity or, if agreed to by
Covered Entity, destroy all Protected Health
Information received from Covered Entity, or
created, maintained, or received by Business
Associate on behalf of Covered Entity, that
the Business Associate still maintains in any
form. Business Associate shall retain no
copies of the Protected Health Information.
Upon termination of this BAA for any
reason, Business Associate, with respect to
Protected Health Information received from
Covered Entity, or created, maintained, or
received by Business Associate on behalf of
Covered Entity, shall:
i. Retain only that Protected Health
Information which is necessary for
Business Associate to continue its proper
management and administration or to
carry out its legal responsibilities;
ii. Return to Covered Entity or, if agreed to
by Covered Entity, destroy the
remaining Protected Health Information
that the Business Associate still
maintains in any form;
iii. Continue to use appropriate safeguards
and comply with Subpart C of 45 CFR
Part 164 with respect to electronic
Protected Health Information to prevent
use or disclosure of the Protected Health
Information, other than as provided for
in this Section, for as long as Business
Associate retains the Protected Health
Information;
iv. Not use or disclose the Protected Health
Information retained by Business
Associate other than for the purposes for
which such Protected Health
Information was retained and subject to
the same conditions which applied prior
to termination; and
v. Return to Covered Entity or, if agreed to
by Covered Entity, destroy the Protected
Health Information retained by Business
Associate when it is no longer needed by
Business Associate for its proper
management and administration or to
carry out its legal responsibilities.
d. Survival. The obligations of Business
Associate under this Section shall survive the
termination of this BAA.
VI. MISCELLANEOUS.
a. Governmental Access to Records. Business
Associate shall make its internal practices,
books and records relating to the Use and
Disclosure of PHI available to the Secretary
for purposes of determining Covered Entity’s
compliance with the Applicable Law. Except
to the extent prohibited by law, Business
Associate agrees to notify Covered Entity of
all requests served upon Business Associate
for information or documentation by or on
behalf of the Secretary. Business Associate
shall provide to Covered Entity a copy of any
PHI that Business Associate provides to the
Secretary concurrently with providing such
PHI to the Secretary.
b. Public Access and Ownership of Records.
Covered Entity is a local agency subject to
the Public Records Act, Government Code §
6250 et seq. (“PRA”). In the event that
Business Associate receives a request for
records prepared, owned, used, or retained by
Covered Entity or for records prepared,
owned, used, or retained by Business
Associate in the course and scope of
providing the services for Covered Entity
described in the Agreement as amended from
time to time (“PRA Request”), Business
Associate shall promptly forward a copy of
the PRA Request to Covered Entity for
fulfillment by the Covered Entity. Business
Associate understands and agrees that all
records produced under the Agreement as
amended from time to time are hereby the
property of Covered Entity and cannot be
used without Covered Entity's express
written permission. Covered Entity shall
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have all right, title and interest in said
records, including the right to secure and
maintain the copyright, trademark and/or
patent of said records in the name of the
Covered Entity.
c. Minimum Necessary. To the extent required
by the HITECH Act and Regulations,
Business Associate shall limit its Use,
Disclosure or request of PHI to the Limited
Data Set or, if needed, to the minimum
necessary to accomplish the intended Use,
Disclosure or request, respectively. Effective
on the date the Secretary issues guidance on
what constitutes “minimum necessary” for
purposes of the Applicable Law, Business
Associate shall limit its Use, Disclosure or
request of PHI to only the minimum
necessary as set forth in such guidance.
d. State Privacy Laws. Business Associate shall
comply with California laws to the extent that
such state privacy laws are not preempted by
Applicable Law.
e. No Third Party Beneficiaries. Nothing
express or implied in this BAA is intended to
confer, nor shall anything herein confer, upon
any person other than Covered Entity,
Business Associate and their respective
successors or assigns, any rights, remedies,
obligations or liabilities whatsoever.
f. Effect on Underlying Arrangement. In the
event of any conflict between this BAA and
any underlying arrangement between
Covered Entity and Business Associate,
including the Agreements as amended from
time to time, the terms of the BAA shall
control with respect to Protected Health
Information.
g. Interpretation. This BAA shall be interpreted
as broadly as necessary to implement and
comply with Applicable Law. The Parties
agree that any ambiguity in the BAA shall be
resolved in favor of a meaning that complies
and is consistent with the Applicable Law.
h. Governing Law. This BAA shall be
construed in accordance with the laws of the
State of California.
i. Provisions Required by Law Deemed
Inserted. Each and every provision of law and
clause required by law to be inserted in this
BAA shall be deemed to be inserted herein
and this BAA shall be read and enforced as
though it were included therein.
j. Severability. In the event that any provision
of this BAA shall be construed to be illegal
or invalid for any reason, said illegality or
invalidity shall not affect the remaining
provisions hereof, but such illegal or invalid
provision shall be fully severable and this
BAA shall be construed and enforced as if
such illegal or invalid provision had never
been included herein, unless to do so would
frustrate the intent and purpose of this BAA.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 146 of 348
ATTACHMENT A
DISPATCHING COST FOR SERVICES FOR FY 2025-26
CITY OF MONTCLAIR FIRE DEPARTMENT
This Exhibit is subject to renewal annually prior to the expiration of the current Agreement.
A. Operating Costs:
These costs will include the Contracting Agency’s share of the Admin/Dispatch Costs (100- 400), Management Information Services (MIS-600), and Equipment Reserve (5009) as established by the Contracting Agencies’ share of total calls for service per the agreement between CONFIRE and the Contracting Agency. Included are direct licensing and support costs for certain additional services as listed in the Service Agreement - Section 4 of Exhibit A: Scope of Services.
Agency % of 2024 Call Volume (share) 1.96%
Operating Costs for 2025-26 $ 305,820.00
B. Contract Fee (5% of $305,820 Operating Costs):
Per Exhibit B (Compensation) Section B.1 of agreement. $ 15,291.00 Total Costs July 1, 2025 thru June 30, 2026 $ 321,111.00 C. Payments shall be made in quarterly installments of $ 80,278.00 D. Payment shall be made within thirty (30) days of the issuance of the invoice No other costs for services are due to CONFIRE JPA pursuant to this dispatch contract except for telephone services charges under paragraph B.3 of Exhibit B in the contract.
Nathan Cooke (Interim Comm. Director) _____________________ CONFIRE Representative Date
__________________________________________________ ______________________ City of Montclair Representative Date
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 147 of 348
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: TRC600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–28 WITH ECONOLITE SYSTEMS FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES, SUBJECT TO ANY REVISIONS DEEMED
NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–28 with Econolite Systems for traffic signal maintenance services, subject to any revisions deemed necessary by the City Attorney.
A copy of Proposed Agreement No. 25–28, is attached for the City Council’s review and consideration.
BACKGROUND: Econolite currently provides traffic signal maintenance services for the Public Works Department under Agreement No. 24–44, which will end on June 30, 2025.
Proposed Agreement No. 25–28 is for Fiscal Year 2025–26.
The Econolite team offers extensive institutional knowledge that provides significant value to the City’s traffic signal system. City staff conducted a thorough vetting process to ensure that Econolite represents the most cost–effective choice for the City. The new agreement maintains rates comparable to the previous contract, incorporating a 3.47 percent adjustment based on the Consumer Price Index from July 1, 2024, to the most recent data provided by the U.S. Bureau of Labor Statistics.
No proposals were solicited from other firms, as Econolite remains the most advantageous option for the City.
FISCAL IMPACT: The proposed rates are outlined in Exhibit A of Agreement No. 25–28.
Staff has requested an allocation of $100,000 in the FY 2025–26 Budget to support these services. As the workload may fluctuate based on needs and upcoming scheduled maintenance, any necessary adjustments to the budget will be evaluated during the Mid– Year Budget Review.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–28 with Econolite Systems for traffic signal maintenance services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 148 of 348
AGREEMENT NO. 25-28
AMENDMENT TO AGREEMENT NO. 19-41
WITH ECONOLITE SYSTEMS
FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
This agreement is made and entered into this 1st day of July 2025, by and between the CITY OF MONTCLAIR, a municipal corporation hereinafter designated as "City," and ECONOLITE SYSTEMS, INC., a California corporation, hereinafter designated as "Contractor," and collectively designated as the "Parties."
RECITALS
WHEREAS, Parties originally entered into Agreement No. 19-41 (“Agreement”) for traffic signal maintenance services from July 1, 2019 to June 30, 2020; and WHEREAS, Parties amended the agreement via Agreement No. 20-19 to revise the rate schedule and extend the term to June 30, 2021; and WHEREAS, Parties further amended the agreement via Agreement No. 21-38 to revise the rate schedule and extend the term to June 30, 2022; and WHEREAS, Parties further amended the agreement via Agreement No. 22-61 to revise the rate schedule, extend the term to June 30, 2023, and update the indemnification provisions; and
WHEREAS, Parties further amended the agreement via Agreement No. 23-37 to revise the rate schedule, extend the term to June 30, 2024, and update the indemnification provisions; and
WHEREAS, Parties further amended the agreement via Agreement No. 24-44 to revise the rate schedule, extend the term to June 30, 2025; and WHEREAS, Parties now desire to further extend the agreement and revise the rate schedule.
AGREEMENT
NOW, THEREFORE, IT IS HEREBY AGREED by and between City and Contractor to extend Agreement for a one-year term expiring on June 30, 2026.
BE IT FURTHER AGREED by and between City and Contractor that EXHIBIT A of Agreement referencing COST OF SERVICES shall be replaced with EXHIBIT A of Agreement No. 25-28.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 149 of 348 AGREEMENT NO. 25-28
BE IT FURTHER AGREED that all other terms of Agreement No. 19-41 as amended by Agreement Nos. 20-19, 21-38, 22-61, 23-37, and 24-44 shall remain as set forth therein.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.
CITY OF MONTCLAIR, CALIFORNIA ECONOLITE SYSTEMS, INC.
By: By:
Javier John Dutrey, Mayor Name, Title:
Attest: By:
Andrea Myrick, City Clerk Name, Title:
Approved as to form:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 150 of 348 AGREEMENT NO. 25-28
Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 151 of 348
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–29 WITH THE SAN BERNARDINO
COUNTY DEPARTMENT OF AGING AND ADULT SERVICES TO ACCEPT ADDITIONAL FUNDING TO SUPPORT SENIOR CENTER ACTIVITIES AND THE SENIOR TRANSPORTATION PROGRAM CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 25–29 AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–29 with the San Bernardino County Department of Aging and Adult Services (DAAS) to accept additional funding to support Senior Center activities and the Senior Transportation program. A copy of proposed Agreement No. 25–29 is attached for City Council review and consideration.
BACKGROUND: The Human Services Department applied for grant funding through DAAS under the Older Americans Act – Title III-B. The City has received a contract to fund Senior Center activities and the Golden Express Senior Transportation program for adults, ages 60 and over. The Older Americans Act seeks to enable older individuals to maintain their wellbeing through locally developed community-based system of services.
Senior Center activities may include services designed to enable older individuals to attain and/or maintain physical and mental well-being such as recreation, music, creative arts, physical activity, and education.
The grant term is one year but may be extended up to three additional years, contingent on performance and the availability of grant funds. Through the Golden Express transportation program, the City of Montclair is contracted to annually serve 40 participants and provide 1,000 units of service, (one unit is equivalent to a one–way trip).
Through senior activities, the City is required to provide 1,040 hours of activities and serve 50 participants. Due to the need to accept the grant before a designated deadline, the City Manager signed the agreement, and the City Council is asked to ratify the City Manager’s action.
FISCAL IMPACT: Should the City Council approve Agreement No. 25–29, with DAAS the City will receive a grant for $20,000 to provide senior activities and senior transportation from July 1, 2025 through June 30, 2026.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–29 with the San Bernardino County Department of Aging and Adult Services to accept additional funding to support senior center activities and the senior transportation program
2. Authorize City Manager Edward C. Starr to sign Agreement No. 25–29 and related documents.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 152 of 348
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
SAN BERNARDINO
COUNTY SAP Number
Department of Aging and Adult Services -
Public Guardian
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Grant Number (if applicable)
Diane Ettari
(909) 386-8313
City of Montclair
Edward 0. Starr
909-625-9405
July 1, 2025 through June 30, 2026
$20,000
N/A
$20,000
5296001036
N/A
IT IS HEREBY AGREED AS FOLLOWS;
WHEREAS, San Bernardino County (County) desires to designate a contractor of choice to provide Older Adult Supportive Services pursuant to the Older Americans Act - Title III B, as further described in a statement of work (the "Services"): and
WHEREAS, the County conducted a competitive process to find City of Montclair (Contractor) to provide these services; and
WHEREAS, based upon and in reliance on the representations of Contractor in its response to the County's Request for Proposal, the County finds Contractor qualified to provide Older Adult Supportive Services pursuant to the Older Americans Act - Title III B; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
Standard Contract Page 1 of 68
City of Montclair Agreement 25–29
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 153 of 348
TABLE OF CONTENTS
A. DEFINITIONS 3
B. CONTRACTOR RESPONSIBILITIES 6
C. GENERAL CONTRACT REQUIREMENTS 6
D. TERM OF CONTRACT 18
E. COUNTY RESPONSIBILITIES 19
F. FISCAL PROVISIONS 19
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS 21
H. RIGHT TO MONITOR AND AUDIT 24
I. CORRECTION OF PERFORMANCE DEFICIENCIES 25
J. INFORMATION INTEGRITY AND SECURITY 26
K. EQUAL EMPLOYMENT/EMPLOYMENT DISCRIMINATION/CIVIL RIGHTS 27 L. NOTICES 31
M. ENTIRE AGREEMENT 31
ATTACHMENTS
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENT I
ATTACHMENT J
ATTACHMENT K
ATTACHMENT L
SCOPE OF WORK - III B OLDER ADULT SUPPORTIVE SERVICES
CLIENT COMPLAINT AND GRIEVANCE PROCEDURES
ASSURANCE OF COMPLIANCE
DISCLOSURE OF LOBBYING ACTIVITES
REQUEST TO PURCHASE PROPERTY/EQUIPMENT
PROPERTY/EQUIPMENT BID FORM
VOLUNTARY CONTRIBUTION FLYER
PAYMENTS, BUDGETS, CLOSEOUT, AND AUDITS
INFORMATION INTEGRITY AND SECURITY STATEMENT (CDA 1024) (REV 03/2020)
SECURITY INCIDENT REPORT (CDA 1025a) (REV 12/2019)
INFORMATION SHEET
COMMUNITY FOCAL POINTS LIST
Standard Contract Page 2 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 154 of 348 A. DEFINITIONS
1. Activities of Daily Living (ADD: Those activities that include but are not limited to bathing, eating, and toileting, transferring in and out of a bed or chair, walking and dressing.
2. Americans with Disabilities Act (ADA): A federal remedial statute designed to eliminate discrimination against individuals with disabilities and to integrate individuals with disabilities in all areas of society.
3. Area Aaencv on Aging (AAA): In 1976, the State of California designated San Bernardino County as an Area Agency on Aging. As a result of this designation, DAAS-PG receives funding from the California Department of Aging to administer the programs authorized by the Older Americans Act.
4. California Code of Reouiations (CCR): The official compilation and publication of the regulations adopted, amended or repealed by state agencies.
5. California Department of Aoino (CDA): Administers programs that serve older adults, adults with disabilities, family caregivers and residents in long term care facilities throughout the state.
6. Cataloo of Federal Domestic Assistance (CFDA): An inventory of all the federal grants, loans, scholarships, counseling, and other assistance programs available to the American public.
7. Code of Federal Reouiation (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.
8. Contract: The legal agreement between the County and the Proposer resulting from the award issued pursuant to the RFP to the successful Proposer.
9. Contractor: The legal entity that receives funds from the AAA to carry out any part of a federal award identified in the Program Guide.
10. Countv: County as used throughout this document, including its possessive form (County's), refers to San Bernardino County.
11. Department of Aqino and Adult Services-Public Guardian (DAAS-PG): A County department that provides service to older adults and at-risk adults to improve or maintain choice, independence, and quality of life. DAAS-PG works to ensure older adults and adults with disabilities have the right to age in the least restrictive environment.
12. Direct Costs: Costs readily identified with a particular final cost objective.
13. Eiiaibie Service Population: Adults sixty (60) years of age or older, with emphasis on those in greatest economic and social need with particular attention to low income minority older adults, older adults with Limited English Proficiency (LEP), and older adults residing in rural areas. [OAA § 305 (a)(2)(E); 22 CCR 7119, 7125, 7127, 7130, 7135 and 7638.7]
14. Equipment: Tangible personal property with a useful life of more than one year and an acquisition cost of $500 or more per unit.
15. Greatest Economic Need: The need resulting from an income level at or below the poverty line with particular attention to low income older adults, including low income minority older adults, older adults with limited English proficiency, and older adults residing in rural areas.
16. Greatest Social Need: The need caused by noneconomic factors, which include:
a. Physical and mental disabilities,
b. Language barriers.
Standard Contract Page 3 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 155 of 348 c. Cultural, social, or geographical isolation, including isolation caused by racial or ethnic status, that
1) Restricts the ability of an individual to perform normal daily tasks, or 2) Threatens the capacity of the individual to live independently (42 USC §3002(24)).
17. Human Sen/ices (HS): The San Bemardino County Department of 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.
18. Indirect Cost: Direct costs are costs readily identified with a particular final cost objective.
After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost. Examples of indirect costs may include depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting.
19. Instrumental Activities of Dailv Living: Those activities that include, but are not limited to, meal preparation, shopping, medication management, money management, telephone usage, heavy housework, light housework, and transportation.
20. Manacement Information Svstem (MIS): A system used to capture and maintain statistical and financial data to document and ensure the accuracy of data presented in required program and financial reports. MIS data will be used to provide measurement of services for data reports required by DAAS-PG.
21. 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.
a. Cash: Cash other than program income contributed to the project from local or State funds. Except for Community Development Block Grants (CDBG), federal funds cannot be used as cash match. Costs borne by the Contractor and cash contribution from any and all third parties, e.g., company/private donations, vendor general fund, are considered cash matching funds.
b. 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.
22. Medi-Cal: Califomia's Medicaid, the federal and state program of medical assistance for needy and low income people.
23. Medicare: A federal health insurance program administered by the Social Security Administration that is available regardless of income. Most people sixty-five (65) years of age or older and certain disabled or blind people, regardless of age, are covered.
24. Monitoring Tool: Instruments used to provide specific information about supportive services, including staffing, targeting, intake, and outreach. Monitoring tools should include components that enable AAAs and Contractors to assess contractual compliance, ensure consistency with these standards, evaluate the quality and impact of programs, review program goals and ensure that systems are in place to assure the quality of the services.
Standard Contract Page 4 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 156 of 348
25. Nonmatchina Contributions: Local funding that does not qualify as matching contributions and/or is not being budgeted as matching contributions (e.g., federal funds, overmatch, etc.).
26. Office of Management and Budget (OMBL An office within the Executive Office of the President of the United States whose primary function is to produce the President's budget and measure the quality of agency programs, policies, and procedures to see if they comply with the President's policies.
27. Older Americans Act (OAA): A federal program specifically designed to meet the social services needs of older persons.
28. Older Californians Act (OCA): WIG § 9541 of the Mello Granlund Older Californians Act, which is the enabling legislation for Health Insurance Counseling and Advocacy Program (HICAP).
29. Older Adult: Anyone who is aged sixty (60) or older.
30. Outreach: The process of informing potential clients regarding legal information, legal issues, available services, and how to access those services. Outreach is the key to implementing targeting and priority setting goals.
31. Planning and Service Area: A geographic area that is designated for purposes of planning, development, delivery, and overall administration of services under an area plan.
32. Program Guide: CDA guide which defines the responsibilities for providing OAA and OCA assistance and/or related support services to eligible older adults, adults with disabilities, family caregivers, and residents in long term care facilities.
33. Program Income: Revenue generated by the AAA or Contractor from Program Guide and Program supported activities, and may include:
a. Voluntary contributions received from a participant or responsible party as a result of the service.
b. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under the MOU.
c. Royalties received on patents and copyrights from contract supported activities. d. Proceeds from the sale of goods created under CDA grant funds.
34. Rural: All territory, population and housing units not classified as urban. The rural classification cuts across other hierarchies and can be in metropolitan or nonmetropolitan areas.
35. Senior Information and Assistance Services: The Information and Assistance Sen/ices program for Older Adults provided through DAAS-PG.
36. Services: The required services described in this Contract.
37. State: The State of California.
38. Subcontractor: An individual, company, firm, corporation, partnership, or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under the contract or under a separate contract with or on behalf of Contractor.
39. Targeting: The requirement in the Older Americans Act that services reach the older adults with greatest economic and social need, with particular attention to low income minority adults, older adults residing in rural areas, low income adults and frail adults (including adults with any physical or mental functional impairment).
Standard Contract Page 5 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 157 of 348
40. Title III B (Supportive Services): A variety of services including, but not limited to: personal care, homemaker, chore, adult day health care, assisted transportation, services that promote or support social connectedness and reduce negative health effects associated with social isolation, and long term care ombudsman advocacy, as defined in the Older Americans Act Performance System (OAAPS) categories and the National Ombudsman Reporting System (NORS). [OAA § 321(a)]
41. United States Code (USC): The official compilation and codification of the general and permanent federal statues of the United States.
42. Voluntarv Contributions: Monies received from participants of Supportive Services programs that contributes towards the cost of this program. Participants of supportive services programs have the right to contribute toward that program. Any contribution from a recipient must be voluntary, kept confidential, and may not be coerced. Voluntary contributions are considered as program income and can only be used for the sole purpose of expanding the programs/services for which the contribution is given and may not be used on other programs.
43. 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.
B. CONTRACTOR RESPONSIBILITIES
Contractor shall provide all services as outlined in Scope of Work- Title III B - Older Adult Legal Services (Attachment A).
C. GENERAL CONTRACT REQUIREMENTS
1. Recitals - The recitals set forth above are true and correct and incorporated herein by this reference.
2. Contract Amendments - Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract, and approved by the person(s) authorized to do so on behalf of Contractor and County.
3. Contract Asslgnablllty - Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.
4. Contract Exclusivity - 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 other than on a per order basis, under the terms of this Contract.
5. Attorney's Fees and Costs - If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
6. Background Checks for Contractor Personnel - Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law. Contractor shall conduct a background check, at Contractor's sole expense, on all its personnel providing Services. If requested by the County, Standard Contract Page 6 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 158 of 348 Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment screening process but must, at a minimum, have been performed within the preceding twelve (12) month period. Contractor personnel who do not meet the County's hiring criteria, in County's sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.
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 Califomia, 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.
Contractor shall notify the County of any board member, staff member, 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 intemship 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 conceming the arrest and/or conviction, other than minor traffic offenses, of any paid employee, agent, consultant, intern, or volunteer staff, when such Information becomes known to Contractor.
7. Change of Address - Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
8. Choice of Law - This Contract shall be governed by and construed according to the laws of the State of California.
9. Compliance with County Policy - In performing the Services and while at any County facilities. Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Sen/ices, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, "County Policies"). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
Standard Contract Page 7 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 159 of 348 County sha!l have the right to require Contractor's employees, agents, representatives, and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
10. Confidentiality ~ Contractor shall ensure that all staff, volunteers and/or Subcontractors performing Services under this Contract comply with the terms and conditions as set forth In the Human Services information Privacy and Security Requirements specified at http://hss.sbcountv.qov/Privacv prior to providing any Services. Contractor shall immediately notify the County of any suspected or actual breach of confidential information as further detailed in the requirements. These requirements specified at httD://hss.sbcountv.qov/Privacv are hereby Incorporated by this reference. a. Read, understand and comply with the Privacy and Security Requirements Summary.
b. Ensure employees, subcontractors, agents, volunteers and Interns who have access to Personally Identifiable Information (Pll) complete the Privacy and Security Training and execute the training acknowledgement form and other training materials annually.
0. Ensure employees, subcontractors, agents, volunteers and interns who have access to Pll sign the Confidentiality Statement annually. d. Report actual, suspected or potential breaches of Pll immediately to the Human Services Privacy and Security Office via email at:
11. Primary Point of Contact - Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
12. County Representative - The Assistant Executive Officer or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
13. Damage to County Property - Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. 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.
The Contractor, as determined by the County, shall repay ail costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County's sole discretion.
14. Debarment and Suspension - Contractor agrees to comply with the applicable federal suspension and debarment regulations, including, but not limit^ to Title 48 Code of Federal Regulations (CFR), Chapter 1, Subchapter B, Part 9, Subpart 9.4 (48 C.F.R. Section 9.400 et seq.).
Contractor certifies that it and its principals and subcontractors:
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MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 160 of 348 a. Are not presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration's System for Award Management website httDsV/wvw.sam.qovy b. Have not within a three (3) 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 of records, making false statements, or receiving stolen property; c. Are not presently indicted for or othenwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in Section C, Paragraph 14, subparagraph b herein; and d. Have not within a three (3) year period preceding this Contract had one (1) or more public transactions (federal, state or local) terminated for cause or default.
Contractor further certifies that if It or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
15. System for Award Management - Contractor shall not be identified as suspended or debarred on the federal System for Award Management's (SAM) excluded list (https://www.sam.qov). If at any time during the term of the Contract, the County determines Contractor is identified as either suspended or debarred on the SAM, Contractor shall be considered in material breach of the Contract, and the County may proceed under the Correction of Performance Deficiencies section of the Contract, including immediate termination of the Contract. If Contractor becomes aware, at any point during the term of the 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.
16. Drug and Alcohol Free Workplace - In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment:
a. Shall not be in any way impaired because of being under the Influence of alcohol or an illegal or controlled substance.
b. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance. c. 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.
The 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 workplace 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.
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17. Duration of Terms - This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
18. Reserved
19. Environmental Requirements - In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of postconsumer 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. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
EPA Reaulations - If the amount available to Contractor under the Contract exceeds $100,000, Contractor will agree to comply with the Clean Air Act (42 U.S.C. section 7401 et seq.); section 508 of the Clean Water Act (33 U.S.C. section 1251 et seq.); Executive Order 11738 [38 Fed. Reg. 25161 (Sept. 10, 1973)]; and Environmental Protection Agency regulations (40 C.F.R.).
State Enerav Conservation Clause - Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Califomia Code of Regulations (CCR), title 20, section 1401 et seq.).
20. Improper influence - Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
21. Improper Consideration - 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 this 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 the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
22. Informal Dispute Resolution - 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 Standard Contract Page 10 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 162 of 348 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.
23. Legality and Severabillty - 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 severabie. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
24. Licenses, Permits and/or Certifications - Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by federal, state. County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
25. Material Mfsstatement/Mlsrepresentatlon - If during the course of the administration of this Contract, the County determines that 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.
26. Mutual Covenants - The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of "good faith" and "fair dealing".
27. Nondisclosure - 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. 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.
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 memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
28. Notice of Delays - Except as othen/\/ise 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.
29. Ownership of Documents - 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. Unless othenwise directed by County, Contractor may retain copies of such items.
30. Reserved
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31. Air, Water Pollution Control, Safety and Health - Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, including fire clearances, which apply to the work performed pursuant to this Contract.
32. Records - Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor's personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include 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 comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy. Please refer to http://www.ecfr.qov/cQi-bin/textidx?tpl=/ecfrbrowse/TitleQ2/2cfr200 main 02.tpl for further information.
Contractors expending $750,000 or more in federal funds annually shall have a single audit or program specific audit performed, A copy of the audit shall be maintained as part of the program's fiscal records.
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 payments for billings submitted and for termination of the Contract.
33. Relationship of the Parties - 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.
34. Release of Information - No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor's relationship with County may be made or used without prior written approval of the DAAS-PG Director or their designee and shall include County approved branding.
35. Representation of the County - 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.
36. Strict Performance - 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.
37. Subcontracting - Contractor agrees not to enter into any subcontracting contracts for work contemplated under the Contract without first obtaining written approval from the County and the Director of DAAS-PG through the MS Contracts Unit. Any subcontractor shall be subject to the same terms and conditions as Contractor. Contractor shall be fully responsible for the performance and payments of any subcontractor's contract.
Contractor shall obtain County's written consent, which County may withhold in its sole discretion, before entering into contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. 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 Standard Contract Page 12 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 164 of 348 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 Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel, including removal pursuant to Paragraph 6 of this Section C.
For any subcontractor, Contractor shall:
a. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
b. Ensure that the subcontractor follows County's reporting formats and procedures as specified by County.
c. Include in the subcontractor's subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities, C. General Contract Requirements and G. Indemnification and Insurance Requirements. d. Be responsible for monitoring subcontractor annually to determine subcontractor's compliance with the provisions of this contract. At County's request. Contractor shall provide subcontractor's annual monitoring reports and supporting documentation.
Upon expiration or termination of this Contract for any reason. County will have the right to enter into direct Contracts with any of the subcontractors. Contractor agrees that its arrangements with subcontractors will not prohibit or restrict such subcontractors from entering into direct contracts with County.
38. Subpoena - 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 othenwise provided herein in connection with defense obligations by Contractor for County.
39. Termination for Convenience - The County reserves the right to terminate the Contract for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein.
Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. 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.
40. Time of the Essence - Time is of the essence in performance of this Contract and of each of its provisions.
41. Venue - The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change Standard Contract Page 13 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 165 of 348 of venue to the Superior Court of California, County of San Bernardino, San Bernardino District.
42. Conflict of Interest - Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees. Contractor, or members of 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. Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the 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, employees, or agents 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 applicant.
43. Former County Administrative Officiais - 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 defined as a member of the Board of Supervisors or such officer's staff. County Executive Officer 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.
44. Disclosure of Criminal and Civil Procedures - The County reserves the right to request the information described herein from the Contractor. Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten (10) years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm's business, or whether the firm, orany of its partners, principals, members, associates or key employees, has within the last ten (10) years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten (10) years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. "Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
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MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 166 of 348 For purposes of this provision "key employees" includes any individuals providing direct service to the County. "Key employees" do not include clerical personnel providing service at the firm's offices or locations.
45. Copyright - County shall have a royalty free, nonexclusive 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 this 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 this 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 this 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, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
46. Artwork, Proofs and Negatives - All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
47. Reserved
48. Reserved
49. California Consumer Privacy Act - 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 Califomia Consumer Privacy Act (CCPA) (California Civil Code sections1798.100, et seq.). For purposes of this provision, "business," "consumer," and "personal information" shall have the same meanings as set forth at Califomia 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 Califomia 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 Califomia Attorney General pursuant to California Civil Code section 1798.155(b).
50. Vacancies - 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.
51. Complaint and Grievance Procedure - Contractor shall provide a system, approved by the County, through which recipients of service shall have the opportunity to express and Standard Contract Page 15 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 167 of 348 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.
Contractor will ensure that staff are knowledgeable on the San Bernardino County Human Services Complaint and Grievance Procedure {Attachment B) and ensure that any complaints by recipients are referred to the County in accordance with the procedure.
52. Contractor Board of Directors' Meetings ~ 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 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.
53. Reserved
54. Elder and Dependent Adult Abuse Reporting - Contractor agrees to and shall comply with the County's Elder and Dependent Adult Abuse Reporting requirements:
a. 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.qov/cdssweb/entres/forms/Enqlish/SOC341A.pdf. upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them.
b. 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:
1) 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 2) 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.
c. To Whom to Report: Incidents of elder and dependent adult abuse must be reported to the correct agency as follows:
1) 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.
2) 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.
3) 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.
d. 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:
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MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 168 of 348 1) Place an immediate telephone call to Adult Protective services (1-877-565- 2020) or local law enforcement to report the incident.
2) 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,
httDs://wvAv.cdss.ca.qov/Portals/9/Additional-Resources/Forms-andBrochures/202Q/Q-T/SOC341.pdf?ver=2022-11-02-133527-590. The completed form must be submitted to the same agency to which the incident was reported by telephone.
55. Reserved
56. Pro-Children Act of 1994 - Contractor will comply with the Environmental Tobacco Smoke/Pro-Chlldren Act of 1994 (20 U.S.C. 6081 et seq.).
57. Americans with Disabilities Act - Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (ADA).
58. Public Accessibility - Contractor shall ensure that Services provided are accessible by public transportation.
59. Reserved
60. 211 Registration - Contractor shall register with Inland Southern California 211+ within thirty (30) days of the Contract effective date and follow necessary procedures to be included in the 2-1-1 database. The Contractor shall notify the Inland Southern California 211+ 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 2-1-1 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.
61. Ownership Tools - 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.
62. Force Majeure - 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.
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63. Order of Precedence - 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:
a. This Contract,
b. Attachments to this Contract, as indicated herein, and c. Price lists, SOWs, and other documents attached hereto or incorporated herein.
64. Equipment - County discourages the purchase of equipment with funds received under this Contract. All equipment, materials, supplies or property of any kind (Including publications and copyrights, etc.) which have 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 County and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by County upon Contract termination.
65. Supersedes Prior Agreements - 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.
66. Executive Order N-6-22 Russian Sanctions - On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine (https://home.treasurv.qov/policv-issues/financial-sanctions/sanctions-proqrams-andcountrv-information/ukraine-russia-related-sanctionsT as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entitles, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response.
Termination shall be at the sole discretion of the County.
67. Reserved
68. Professionai Conduct - Contractor agrees to develop and maintain professional relationships with County, County staff, and clients.
D. TERM OF CONTRACT
1. This Contract is effective as of July 1, 2025 and expires June 30, 2026, but may be terminated earlier in accordance with provisions of this Contract. The Contract term may be extended for three (3) additional one (1) year periods by mutual agreement of the parties.
2. The County may terminate the Contract immediately if the funds under Section F Paragraph 1 are not available to the County, and under the provisions of Section I, Paragraph 3, Item e, of the Contract, or as otherwise provided in this 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 is authorized to exercise the County's rights with respect to any termination of this Contract.
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3. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shali not be reimbursed for costs incurred after the date of termination.
4, Upon receipt of termination notice Contractor shail promptiy discontinue sen/ices unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafte, documents, plans, forms, data, products, graphics, computer programs and reports.
E. COUNTY RESPONSIBILITIES
1. 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.
2. Provide consultation and technicai assistance in monitoring the terms of the Contract.
3. Compensate the Contractor for approved expenses in accordance with Section F of the Contract.
F. FISCAL PROVISIONS
1. The maximum amount of payment under this Contract shaii not exceed $20,000, of which an estimated $20,000 may be federally funded and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shail be in full payment for all Contractor's services and expenses incurred in the performance hereof, inciuding travel and per diem.
2. Invoices shall be issued with a net sixty (60) day payment term with corresponding SAP Contract and/or Purchase Order number stated on the invoice.
3. Contractor shail accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account.
Contractor shaii promptly comply with directions and accurateiy complete forms provided by County required to process EFT payments.
4. County is exempt from federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages.
The County shall only pay for any state or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
5. Costs for services under the terms of this Contract shail 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.
6. Funds made available under this Contract shail 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 directiy or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approvai of the County.
7. Contractor shall adhere to the County's Travel Management Policy (8-02 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 locai transportation services, inciuding but not limited to, the Ontario international Airport.
8. Contractor shall certify to the County whenever appiying for funds, requesting payment, and submitting financial reports; "I certify to the best of my knowledge and belief that the Standard Contract Page 19 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 171 of 348 information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001,1343 and Title 31, Sections 3729-3730 and 3801-3812." Each such certification must be maintained pursuant to the requirements of §200.334.
9. Federally funded nonprofit Contractors may elect to include an Indirect Cost Rate in the cost reimbursement contract budget, and have the following four (4) options to recover costs expended in the process of managing the federal awards:
a. Apply the current federally negotiated indirect cost rate that has been approved by a federal cognizant agency; or
b. Apply a state negotiated indirect cost rate or a rate negotiated between the pass through entity and the subrecipient; or
c. Elect to use a flat de minlmis rate of fifteen percent (15%) of Modified Total Direct Costs (MTDC) under the guidelines below; or
d. Charge costs directly (Direct Charge) as long as those costs are charged the same consistently across all federal awards. Administrative and clerical salaries should normally be treated as indirect costs. Direct charging of these costs may be appropriate only if M of the following conditions are met: 1) services are integral to a project or activity; 2) individuals involved can be specifically identified with the project or activity; 3) costs are explicitly included in the budget or have the prior written approval of awarding agency; and 4) the costs are not also recovered as indirect costs.
10. Contractors that elect to use the flat de minimis rate must:
a. Have never held a negotiated rate,
b. Not be a state or local government or Indian Tribe receiving over $35 million in direct federal funding, and
c. Use the rate consistently across all federal awards until such time Contractor chooses to negotiate a different rate.
The fifteen percent (15%) rate is not an additional amount over and above the total awarded contract dollar amount.
The rate shall be based off the MTDC, meaning all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and subcontracts up to the first $25,000.
MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, and participant support costs.
For additional information, please refer to Office of Management and Budget (0MB) 2 CFR 200.412 - Classification of Costs at _2 CFR § 200.412 - Classification of costs. - Content Details - CFR-2024-title2-vol1-sec200-412 and 2 CFR 200.68 - Modified Total Direct Costs at 2 CFR § 200.68 - Modified Total Direct Cost (MTDC). - Content Details - CFR02921-tltle2-vll1-sec200.68.
11. 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 Assistant Executive Officer.
Any such advance will cause the amounts payable to Contractor in subsequent months to be reduced to the amount determined by dividing the balance left by the number of months remaining in the contract term. No advance will increase the amount shown in Paragraph Standard Contract Page 20 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 172 of 348 1 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.
12. 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 ten (10%) 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 1 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 more than the approved budgeted line item amount.
G. 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 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 indemnities. The Contractor 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 Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured 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 2010.11 85.
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. Policies 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 at the time the Contract is executed, additional endorsements, as required shall be provided prior to the Standard Contract Page 21 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 173 of 348 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 Califomia and with a minimum "Best" Insurance Guide rating of "A- Vll".
8. Deductibies and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess often thousand ($10,000) shall be declared to and approved by 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.
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. Insurance Specifications - 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.
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' Comoensation/Emolover's Liabilitv - 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 two hundred fifty thousand dollar ($250,000) limits covering all persons including volunteers providing Standard Contract Page 22 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 174 of 348 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 nonprofit corporations organized under California or Federal law, volunteers for such entitles are required to be covered by Workers' Compensation Insurance.
b. Commercial/General Llabllltv 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.
5) Personal Injury.
6) Contractual liability.
7) Two million dollars ($2,000,000) general aggregate limit. c. Automobile Llabllltv 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 nonemployee 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 Llabllltv 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 Llabllltv - Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits. or
Errors and Omissions Llabllltv Insurance - 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
Standard Contract Page 23 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 175 of 348 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. Cvber Liabilitv 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 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.
g. Abuse/Molestation Insurance - 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. RIGHT TO MONITOR AND AUDIT
1. The County, State and Federal government 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. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
2. All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending Counfy, 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 vlsit(s). Such reimbursement will not exceed fifty dollars ($50) per hour (including travel time) and may be deducted from the following month's claim for reimbursement.
3. 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.
4. 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.
Standard Contract Page 24 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 176 of 348 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 the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit.
Pursuant to Code of Federal Regulations (CFR) - Title 2 CFR 200.501, contractors expending one million dollars ($1,000,000) 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 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 httD://www.ecfr.qov/cai-bin/textidx?node=se2.1.200 1501&rqn=dv8 for further information.
The following closely related programs identified by the Assistance Listing Number (ALN) 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 Flealth and Fluman Services:
Number: 93.044 Title: NIB Supportive Services
County is required to identify the Contractor Unique Entity Identification (UEl) number, as known in the federal System for Award Management (SAM), 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 Title 2 CFR Section 200.331 and remain eligible to receive federal funding. The Contractor shall provide the Contractor name as registered in SAM, as well as the UEl number to be included in this Contract. Related FAIN will be included in this Contract by the County.
Contractor Name as
registered In SAM
City of Montclair
UEl YM87HK81HED6
FAIN 2501CAOASS
CORRECTION OF PERFORMANCE DEFICIENCIES
1. In the event of a problem or potential problem that could impact the quality or quantity of work. Services, or the level or performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone.
2. 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.
3. In the event of a noncured 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:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. 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
c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "b" of this paragraph; and/or e. Terminate this Contract Immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may Standard Contract Page 25 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 177 of 348 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.
4. 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.
J. INFORMATION INTEGRITY AND SECURITY
1. Information Assets - The Contractor shall have in place operational policies, procedures, and practices to protect state information assets, i.e., public, confidential, sensitive and/or personal information as specified in State Administrative Manual 5300 to 5365.3, California Government Code section 11019.9, Information Security Program Management Standard SIMM 5305-A, Department of Finance Budget Letter 06-34, and California Department of Aging (CDA) Program Memorandum 07-18 Protection of Information Assets and the Statewide Health Information Policy Manual.
Information assets include, but are not limited to:
a. Information collected and/or accessed in the administration of the state programs and services.
b. Information stored in any media form (paper or electronic).
2. Encryption on Portable Computing Devices - The Contractor is required to encrypt, or use an equally effective measure, any data collected under the Contract that is confidential, sensitive, and/or personal, including data stored on portable computing devices, including, but not limited to, laptops, personal digital assistants, and notebook computers, and/or portable electronic storage media, including, but not limited to, discs, thumb/flash drives, and portable hard drives.
3. Disclosure
a. The Contractor shall ensure that personal, sensitive and confidential information is protected from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and state policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies. b. "Identifying information" shall include, but is not limited to, name, identifying number, social security number, state Driver License or state identification number, financial account numbers, symbol, or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph. c. The Contractor shall not, except as otherwise specifically authorized or required by this Contract or court order, disclose any identifying information obtained under the terms of this Contract to anyone other than DAAS-PG and/or CDA without prior written authorization from DAAS-PG or CDA. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant.
4. Training/Education
a. The Contractor must provide ongoing education and training, at least annually, to all employees and subcontractors who handle personal, sensitive, or confidential information. Contractor employees, subcontractors, and volunteers must complete the required Security Awareness Training module located at Standard Contract Page 26 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 178 of 348 https://aqinq.ca.QOv/lnformation security/ or Contractor may substitute GDA's Security Awareness Training program with its own Security Training provided such training meets or exceeds GDA's training requirement. Training must be conducted within thirty (30) days of the start date of the Contract or within thirty (30) days of the start date of any new employee, subcontractor or volunteer. b. The Contractor must maintain certificates of completion on file and provide them to DAAS-PG upon request. Training may be provided on an individual basis or in groups. A sign in sheet is acceptable documentation for group training in lieu of individual certificates. If internet access is not available, a hardcopy of the training module may be provided to employees and/or volunteers for their completion.
5. Contractor's Confidentiality Statement - The Contractor shall sign and return a Confidentiality Statement CDA 1024 form with this Contract. This is to ensure that Contractors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure.
6. Security Incident Reporting - A security incident occurs 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-PG immediately upon detection. A Security Incident Report form (CDA 1025) must be submitted to DAAS-PG within five (5) business days of the date the incident was detected.
7. Notification of Security Breach to Data Subjects
a. Notice must be given by the Contractor or subcontractor to any data subject whose personal Information could have been breached.
b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation, or when necessary, measures to restore system integrity are required. c. Notice may be provided in writing, electronically, or by substitute notice in accordance with state law, regulation, or policy.
8. Software Maintenance - The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems on which data collected under this Contract that is confidential, sensitive, and/or personal may be used.
K. EQUAL EMPLOYMENT/EMPLOYMENT DISCRIMINATION/CIVIL RIGHTS
1. Equal Employment Opportunity Program - Contractor agrees to comply with: the provisions of the San Bernardino County Equal Employment Opportunity Program and rules and regulations adopted pursuant thereto; Executive Order 11246 [30 Fed. Reg. 12319 (Sept. 24, 1965)], as amended by Executive Orders 11375, 11625, 12138, 12432, 12250, and 13672; Title VII of the Civil Rights Act of 1964 (42 U.S.C. section 2000(e), et seq.); 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 (Cal. Gov. Code section 12900, et seq.); 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.
The Contractor shall not unlawfully discriminate against any employee, applicant for employment, or service recipient on the basis of race, color, national origin or ancestry, religion, sex, marital status, age, political affiliation or disability. Information on the above rules and regulations may be obtained from the County.
2. Employment Discrimination - During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment or service recipient Standard Contract Page 27 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 179 of 348 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 VI and Title VII of the Civil Rights Act of 1964, the Califomia Fair Employment and Housing 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 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. Upon request, the County will supply a sample of the Plan format. The Contractor will be monitored by the County for compliance with provisions of its Civil Rights Plan. Additionally, the Contractor shall submit to County an Assurance of Compliance with the Califomia Department of Social Services Nondiscrimination in State and Federally Assisted Programs Statement (Attachment C) annually.
Contractor shall 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. [1 U.S.C. section 7(Section 3 of the Defense of Marriage Act)].
4. S.W.A.G. - 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 Gef.
5. Bilingual and Linguistic Program Services
a. The Contractor shall take reasonable steps, based upon the linguistic needs of the service area to ensure that "alternative communication services" are available to non-English speaking or limited English proficiency (LEP) beneficiaries of services under this Contract. [2 CCR 11162].
b. "Alternative communication services" include, but are not limited to, the provision of services and programs by means of the following:
1) Interpreters or bilingual providers and provider staff. 2) Contracts with interpreter services.
3) Use of telephone interpreter lines.
4) Sharing of language assistance materials and services with other providers.
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MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 180 of 348 5) Translated written information materiais, including but not limited to, enroilment information and descriptions of available services and programs.
6) Referral to culturally and linguistically appropriate community service programs.
c. The Contractor shall notify its employees of clients' rights regarding language access and the Contractor's obligation to ensure access to alternative communication services where determined appropriate based upon the needs assessment conducted by the Contractor.
Noncompliance with this section may result in suspension or termination of funds and/or termination of this Agreement.
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 culturaily and linguistically appropriate services to ail 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 makeup and population trends of its service area to identify the cultural and linguistic needs of the eligible service population. Such studies are criticai 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 overail delivery of human services. Partnering includes opportunities for partners and community members to design, implement and evaluate practices, and services ensuring equity and cuitural and linguistic appropriateness. c. Contractor shall work with County to communicate and provide opportunities for individuais 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 shaii recruit, promote and support a culturaily and linguistically diverse workforce that is responsive to, and represents, the population being served. This inciudes 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 adaptation of services to meet culturaliy 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 cost effective. 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.
Standard Contract Page 29 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 181 of 348 g. Upon request, Contractor will provide County Human Services evidence of adherence to requirements listed above.
L. NOTICES
All written notices provided for In this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or by email, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County City of Montclair
Human Services Attn: Marcia Richter, Asst. City Manager Attn: Contracts Unit 5111 Benito Street
150 S. Lena Road Montclair, CA 91763
San Bernardino, CA 92415-0515 Email: [email protected] Email:
[email protected]
Notice shall be deemed communicated two (2) County working days from the time of mailing, facsimile, or email, if delivered as provided In this paragraph.
M. ENTIRE AGREEMENT
1. This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
2. 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.
Standard Contract Page 30 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 182 of 348 IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duiy authorized officers, on its behalf.
SAN BERNARDINO COUNTY
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By
Deputy
(Pnnt or ofcorpqfaMn, contractor
(Authonzed signature - sigrnn blue ink)
Name\ Edward C. S
(Print or type name ofperson signing contract)
Title City Manager
(Print or Type)
Dated:
Address 5111 Benito Street
Montciair, CA 91763
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
Revised 7/1/24 Page 31 of 67
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ATTACHMENT A
SCOPE OF WORK
TITLE III B - OLDER ADULT SUPPORTIVE SERVICES
FY 2025-2026
A. PROGRAM DESCRIPTION
1. Program Objective
DAAS-PG, through the Older Americans Act (OAA) Title III B Supportive Services Program, allocates funds to provide a variety of services to older adults. The Title III B Supportive Services Program enables older adults to access services that address functional limitations, promote socialization, continued health, and independence, and protect elder rights. Together, these services promote older adults' ability to maintain the highest possible levels of function, participation, and dignity in the community.
2. Clientele and Eliaibilitv Criteria
a. The clients served under this program are adults who are aged sixty (60) and older.
Proof of age or citizenship shall not be required as a condition of receiving services. b. Clients who are socially and/or economically needy will be given pn'ority for services with particular attention to low income minority adults, older adults with limited English proficiency, and older adults residing in rural areas and who are not eligible for services from any other source.
c. Older adults referred by DAAS-PG staff shall be given first priority for services under this agreement.
d. Services shall not be denied to any Title NIB Supportive Services client that does not contribute toward the cost of the services received.
3. Outreach
Contractors must use outreach efforts that will:
a. Identify individuals eligible for assistance under the OAA, with special emphasis on adults aged sixty (60) and older:
1) Residing in rural areas,
2) With the greatest economic need (with particular attention to low income minority adults),
3) With the greatest social need, and
4) With severe disabilities.
B. STAFFING REQUIREMENTS
1. Staff
a. The Contractor shall maintain adequate staff to meet the contractor's obligations under this Contract. This includes a Program Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and contract. b. Staff providing services with access to personal identifiable information must go through a thorough background check, with evaluation of the results to assure there is no indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person's background check documentation for a period of three (3) years following contract termination.
c. Staff shall be available to DAAS-PG for training and meetings which DAAS-PG may find necessary from time to time.
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ATTACHMENT A
2. Volunteer Staff
a. Volunteers are Individuals who work without pay In the performance of essential duties to conduct the program.
b. Volunteers shall not replace paid personnel.
3. Tralnlno Activities
a. Provide training both on the job and In formal training sessions, as appropriate, to Improve the understanding of paid staff about the servlce(s) being provided.
Wherever required by law and/or ordinance, licensed staff must be trained to carry out assigned duties. In addition, annually evaluate paid staff performance to determine his/her effectiveness, skill development and understanding of tasks they are assigned. Documentation of training shall be kept on file at the Contractor's main office for review by DAAS-PG as needed and/or during program monitoring to be scheduled and conducted by DAAS-PG.
b. Volunteers should be provided on the Job training and opportunities for formal training to Improve skills and understanding of the service being provided. Wherever required by law or ordinance, volunteers must be trained and/or licensed to carry out assigned duties. Documentation of training shall be kept on file at the Contractor's main office for review by DAAS-PG as needed and/or during program monitoring to be scheduled and conducted by DAAS-PG staff.
4. Conflict of Interest
a. Provide approved documentation regarding conflict of Interest In the delivery of services to Contractor affiliated persons. Including, but not limited to, contractor's staff, board members, volunteers and their family members. b. Maintain proper documentation to ensure all clients receive equal access to services and no preferential treatment Is provided to clients. In addition, documentation must support Contractor affiliated clients are eligible for services.
C. SERVICE REQUIREMENTS
1. Service Areas
a. The following table defines the service area(s) Included In this Contract:
Regional
Areas
Representative Communities
West Valley Chino, Chino Hills, Montclalr, Ontario, Rancho Cucamonga, Upland, and surrounding areas.
Phvslcal Set Uo
a. Where services are provided In a care center, office or any setting outside the client's home, the environment must be attractive, clean and free from obstacles, which could cause Injury.
b. Post floor plans to Identify emergency exits, assembly areas, etc. and conduct evacuation drills at least two (2) times a year. Proof of evacuation drills will be kept on file duly signed by the Fire Marshal or other authorized agency within the community where the service site Is located.
Client Contributions and Confldentlalltv
a. Contractor shall encourage older adults to contribute to the cost of services by notifying them at least annually, using the DAAS-PG Senior Services Programs "Voluntary Contribution Flyer," that donations are accepted and are Important to maintaining the servlce(s) provided. Contractor shall notify Title III B Supportive Services clients of voluntary contribution opportunities by posting the voluntary Standard Contract Page 33 of 67
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ATTACHMENT A
contribution flyer in a prominent area where services are provided (if not in home) and by issuing the Voluntary Contribution Flyer (Exhibit B) at the time of program enrollment. The Contractor shall not in any way employ tactics which could be viewed as coercive, embarrassing, and/or obligatory to the service being provided. b. Contribution letters sent to clients for Title III B Supportive Services may not resemble a bill or a statement and shall stipulate that contributions are voluntary and not required to receive service.
c. All voluntary contributions from recipients of contracted services are considered program income and shall be used to increase the amount of service being provided in the program(s) funded by DAAS-PG.
d. The contractor shall ensure that ail voluntary contributions by eligible participants are kept confidential.
e. No individual eligible for a program shall be denied participation because of failure or inability to contribute toward sen/ices.
4. Coordination Activities
a. Contractor shall participate within appropriate coordination bodies established by state law and/or county ordinance.
b. Contractor shall include the following statement on all advertising, posters and brochures, etc. for services funded through this Contract; "Services have been provided by San Bernardino County Department of Aging and Adult Services - Public Guardian. The materials or product were a result of a project funded by a contract with the California Department of Aging." (statement subject to change per CDA guidelines)
c. Contractor shall obtain prior approval from DAAS-PG before using any advertising, posters, and brochures that are directly related to Title NIB Supportive Services. d. Contractor shall coordinate service with other County departments and local agencies by providing time within the facility during participant meetings, staff meetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for older clients. All coordination activities must be documented and kept on file for review by DAAS-PG. d. Contractor shall, in conjunction with DAAS-PG, coordinate services with:
1) Contractor offering services in older adult programs including but not limited to Long Term Care Ombudsman (LTC Ombudsman), Health Insurance Counseling and Advocacy Program, Senior Information and Assistance, Adult Protective Services, law enforcement, and case management services.
A. Contractor will, in coordination with the LTC Ombudsman Program, develop and execute a memorandum of understanding with the LTC Ombudsman, which will address conflict of interest, provision of legal advice to the Ombudsman Program, and procedures for referral and other technical assistance.
B. Contractor may provide direct legal assistance to residents of the long term care facilities where the clients are othen/vise eligible, and services are appropriate.
C. Where both legal and ombudsman services are provided by the same agency. Contractor must develop and utilize policies and procedures to protect the integrity, resources, and confidentiality of both programs.
D. PROGRAM REPORTING REQUIREMENTS
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ATTACHMENT A
1. Maintain a program data collection and reporting system ensuring accuracy of data from the intake/assessment process.
2. Contractor shall enter program data including, but not limited to, client information and services performed into MIS by the tenth (10"') business day of the month following the month of service.
a. Contractor will have dedicated staff responsible for entering the data timely and ensuring the appropriate hardware and internet service is available to support this requirement.
b. DAAS-PG may request reports/data to be submitted using alternative methods including, but not limited to, email or hard copy at any time.
3. Contractor, at such times and in such forms as DAAS-PG may require, shall fumish statements, records, reports, data and information requested by DAAS-PG pertaining to 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-PG.
Incomplete forms shall be returned to the Contractor for completion. In the event of changes in these forms, DAAS-PG shall advise the Contractor via written notice. The Contractor shall develop and implement a process for ensuring quality control which includes orienting and training staff regarding program data collection and reporting requirements.
4. DAAS-PG will provide orientation and staff training regarding data collection and reporting requirements.
5. Contractor shall meet the following standards for its program MIS:
a. Monthlv Service Report
Contractor will submit monthly reports no later than the tenth (10"') business day of the following month, (e.g. The Monthly Service Report for the period of January 1 to January 31 will be due by the tenth (10"') business day of February). Contractor is required to support the authenticity and accuracy of the monthly service units it reports by providing verification documentation as directed by DAAS-PG. Service Units that cannot be verified by the contractor are subject to rejection, as are any costs associated with unverified units.
b. Quarterlv Performance Report
Contractor will submit quarterly performance reports no later than the last business day of the following month, (e.g. The Quarterly Performance and Narrative Reports for the period of January 1 to March 31 will be due by the last business day of April).
Contractor will utilize a template supplied by DAAS-PG. Quarterly performance reports will be used by the contractor to communicate updates, accomplishments and challenges, and meaningful outcomes. Quarterly reports will also be used to request any program modifications to DAAS-PG. Contractor shall describe, in detail, necessary program changes and the reasons for the requested modification.
Quarterly reports must contain a narrative that highlights the contractor's progress while identifying strengths and areas for improvement.
E. FISCAL AND OTHER REPORTING REQUIREMENTS
1. DAAS-PG may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Contractor, until such time as DAAS-PG determines that the financial management standards are met.
2. Report service and client data will be verified by DAAS-PG during the program monitoring visit. Additionally, audit files shall include but are not limited to a copy of the Monthly Service Report.
3. Report monthly expenditures to DAAS-PG as required by III B Supportive Services guidelines. Maintain support files including but not limited to invoices, payroll, and other Standard Contract Page 35 of 67
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ATTACHMENT A
supporting documents, all of which will be attached to a copy of the expenditures report and kept on file by month for review during the annual audit.
4. Maintain records, by month, that support claimed in-kind expenditures.
All reports, documents and invoices should be sent to:
DAAS-PG Administration
Attention: Aging Fiscal
784 E. Hospitality Lane
San Bernardino, CA 92415-0640
Or sent through encrypted emailed to [email protected] F. ADDITIONAL RESPONSIBILITIES
Contractor shall:
1. Submit monthly invoice to DAAS-PG no later than the tenth (10"^) business day of the following month, (e.g. January invoice will be due by the tenth (10^) business day in February).
2. Provide DAAS-PG with three (3) contact persons for communication. Contractor must respond no later than two (2) business days of receiving communication from DAAS-PG.
3. Attend provider quarterly meetings with DAAS-PG.
4. Participate in County collaboration events to promote and/or provide Older Adult Supportive Services offered in County service area.
5. Provide DAAS-PG requested information during required onsite monitoring at least one (1) time every two (2) years.
6. Provide immediate notice of any incident to DAAS-PG that would impact the Program that could restrict operations of or access to, III B - Supportive Services. These changes include but are not limited to, natural disasters, personnel changes, program or project phone number changes, headquarters office address changes and mailing address changes.
7. Contractor shall adhere to allowable activities and cost/cost principles per III B - Supportive Services program guidelines. County, CDA and/or Federal regulations. In addition. Contractor shall make available all reasonable information necessary to substantiate that expenditures under the Contract are allowable.
8. Ensure staff providing services with access to personal identifiable information must go through a thorough background check, with evaluation of the results to assure there is no Indication that the person may present a risk to the security or integrity of confidential data or a risk for theft or misuse of confidential data. The Contractor shall retain each person's background check documentation for a period of three (3) years following contract termination.
9. Conduct outreach in the communities sen/ed to community groups and organizations. All outreach activities will be documented and kept on file to be reviewed during program monitoring to be scheduled and conducted by DAAS-PG staff.
G. FUNDING
1. The maximum amount of reimbursement under the Contract shall not exceed $20,000.
2. Contractor to provide the number of clients to be served and annual service hours based on maximum funding potential as shown below:
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ATTACHMENT A
Program
Annual Units of
Service
Annual Undupllcated Client
Count
Assisted Transportation
Senior Center Activities
1,000
1,040
40 50
3. Revised contract budget must be submitted to, and approved by, the DAAS-PG Director or designee, subject to availability of funds.
4. In the event additional funds become available, Contractor will use the funds to increase the services provided to elderly clients by either increasing the number of older adults served or by increasing the units of service provided or both. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions being Imposed.
5. Matching Contributions
The Contractor must provide matching contributions as defined herein equal to at least
11.11 % of the total of Title 111 Federal Area Plan (AP) revenue provided by the California Department of Aging (CDA) and 25% of funding provided under American Rescue Plan Act (ARPA) funds Issued by DAAS-PG annually for this program Standard Contract Page 37 of 67
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ATTACHMENT B
SAN NhKN'AK UNO
COUNTY
Aging and Adult Services
PiibJk GujidUn
CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs
As a recipient of services provided by the Older Americans Act (OAA) programs, you, or a person authorized to act on your behalf, can file a complaint against contractors, volunteers, and employees of programs administered by the Department of Aging and Adult Services - Public Guardian (DAAS-PG), the designated local Area Agency on Aging {AAA) for San Bernardino County.
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.
PURPOSE
The Client Complaint and Grievance Procedure establishes a process for reviewing and resolving grievances promptly and to facilitate the resolution of grievances informally at the lowest level possible.
SERVICE PROVIDERS
OAA program services may be provided by DAAS-PG staff (direct services) or community-based organizations via county contacts (contracted services).
Direct services;
• Senior Information and Assistance (SIA) (Title IIIB and HIE) • Senior Community Service Employment lYogram (Title V) Contracted services:
• Title IIIB - Supportive Services
• Title 111C - Older Califomians Nutrition Program
• Title HID - Disease Prevention and Health Promotion Program • Title HIE - Family Caregiver Support Program
• Title VII and VIIA - Long Term Care Ombudsman, and Prevention of Elder Abuse, Neglect, and Exploitation
• Health Insurance Counseling and Advocacy Program (HICAP) Note: 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.
OAA GV 7406 Procedure (Rev. 03/2023) Page 1 of 6
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ATTACHMENT B
CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
COMPLAINTS
Complaints may involve, but are not limited to:
• Amount or duration of a service.
• Denial or discontinuance of a service.
• Dissatisfaction with the service provided or w'tth the service provider. • 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 there has been a violation of any laws or regulations.
PROCESS OVERVIEW
All programs strive to review concerns, complaints, and grievances promptly and facilitate resolution at the lowest level possible.
Following is an overview of the grievance process:
Level I Review
1. Complainant submits grievance form (GAA GV 7406) to the service provider.
2. Level 1 review conducted by the service provider.
3. Complainant receives a written decision from the service provider.
4. Complainant may submit an appeal, if desired.
Level II Review
5. Level II review conducted by DAAS-PG Administration.
6. Complainant receives a written decision from DAAS-PG Administration.
7. Complainant may submit an appeal and request an impartial hearing, if desired.
Hearing
8. Final grievance review by Hearing Officer/Panel.
continued on next page
OAA GV 7406 Procedure (Rev. 03/2023) Page 2 of 6
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ATTACHMENT B
CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
FIRST LEVEL OF GRIEVANCE (LEVEL I)
The contracted service provider is the first administrative level of resolution for complaints regarding OAA program services.
Note: If the complaint is regarding direct sen/ices, the complaint will be investigated and responded to under the provisions of Level II grievance.
Timeframes
• You must complete and submit the grievance form (OAA GV 7406) to the contracted service provider within one (1) week of the alleged violation. • If possible, discuss issue with the contracted service provider and make a good faith effort to resolve. The service provider will issue a written response no later than ten (10) business days after receipt of grievance, or from date of discussion.
Resolution
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 second-level review.
SECOND LEVEL OF GRIEVANCE (LEVEL II)
DAAS-PG Administration is the second level of resolution for complaints regarding OAA program services. The provisions of this section shall apply to the following; • When the AAA (DAAS-PG) is the direct service provider and the subject of the complaint.
• If you are dissatisfied with the contracted service provider's response at the first level of grievance.
Time Frame
If the contract provider does not resolve your complaint, you may appeal their decision to the second level of grievance within fifteen (15) business days of their written decision.
Instnjctions
All second level grievances must be submitted in writing and contain the information referenced in the first level of grievance.
• If you cannot submit a written complaint at this level, you, or your authorized designee, may request DAAS-PG to verbally accept the complaint or provide assistance in writing out the complaint.
• If DAAS-PG writes out the complaint, the complainant must review and sign the written complaint.
OAA GV 7406 Procedure (Rev. 03/2023) Page 3 of 6
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ATTACHMENT B
CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
Complaints may be hand delivered, mailed, or sent via fax to:
Department of Aging and Adult Services-Public Guardian
Attention: Deputy Director-Administration
784 East Hospitality Ln.
San Bernardino, OA 92415
Fax: (909) 891-3940
Processing
• Tfie Deputy Director, or designee, will conduct an impartial investigation of the written complaint. A good faith effort will be made to resolve the 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 provide a resolution to the complaint or deny the complaint with an explanation.
Resolution
If resolved at this level no further action is required. If your complaint is not resolved, you may exercise your right to request an Administrative Hearing pursuant to Section 7406 of Title 22.
FINAL LEVEL OF GRIEVANCE (HEARING)
An impartial hearing officer/panel is the final level of resolution for complaints regarding OAA program services.
Time Frames
• If you are dissatisfied with the results of the review conducted at the second level of grievance, you may appeal the decision within thirty (30) days from the receipt of the written report and request a hearing to present your complaint orally before an impartial hearing officer/panel.
• A hearing will be scheduled no later than forty-five (46) days from the receipt of the hearing request.
• A proposed decision will be issued no later than thirty (30) days after the date of hearing.
• 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.
Instructions
• Your 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.
OAA GV 7406 Procedure (Rev. 03/2023) Page 4 of 6
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ATTACHMENT B
CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
• A hearing will be scheduled no later than forty-five (45) days from the receipt of your hearing request.
• You will be notified of the following:
o The date, time, and location of the hearing.
o Your right, 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 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 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 lavirs governing the program in reaching a dedsion.
• 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.
• The proposed decision will be forwarded to the Director of DAAS-PG for issuance of a final decision.
• If the complaint is against the Director of DAAS-PG, the proposed decision will be forwarded to the Chairperson of the Governing Board for 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.
OAA GV 7406 Procedure (Rev. 03/2023) Page 5 of 8
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ATTACHMENT B
CLIENT COMPLAINT AND GRIEVANCE PROCEDURE
Older Americans Act Programs
CIVIL RIGHTS
If you believe that your civil rights have been violated, please contact:
Deputy Director, Administration
Department of Aging and Adult Services-Public Guardian
784 East Hospitality Ln.
San Bernardino. OA 92415
OAA GV 7406 Procedure (Rev. 03/2023) Page 6 of 6
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ATTACHMENT B
Sr^N Ut-KS-MUtlNll
»r-*.
« UtCOUNTY IhiMkOiutdlnn
Aging and Adult Scmccs
CLIENT COMPLAINT AND GRIEVANCE
Older Americans Act Programs
Instructions
You must complete and submit the grievance form (CAA GV 7406) within one (1) week of the alleged violation.
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.
Complaints Regarding Contracted Services
Submit the completed form (OAA GV 7406) directly to the contracted service provider.
Contracted services:
• Title NIB - Supportive Services
• Title IIIC - Older Califomians Nutrition Program
• Title HID - Disease Prevention and Health Promotion Program • Title HIE - Family Caregiver Support Program
• Title VH and VHA- Long Term Care Ombudsman, and Prevention of Elder Abuse, Neglect, and Exploitation
• Health insurance Counseling and Advocacy Program (HICAP) Complaints Regarding Direct Services
Submit the completed form to DAAS-PG Administration. Complaints may be hand delivered, mailed, or sent via fax to:
Department of Aging and Adult Services-Public Guardian
Attention: Deputy Director
784 East Hospitality Ln.
San Bemardino, CA 92415
Fax: (909) 891-3940
Direct services:
• Senior information and Assistance (SIA) (Title HIB and IIIE) • Senior Community Service Employment Program (Title V) OAA GV 7406 Instructions (Rev. 03/2023) Page 1 of 1
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ATTACHMENT B
N*N lifKVAkniNO
COUNTY
Aging and Adult Services
l>iiblk Oiur'Han
Client Complaint And Grievance Form
Cider Americans Act Programs
Grievant Name Name of Service Provider
Mailing Address Date of Action Causing Grievance
Telephone Number Date of Meeting with Contract Provider Grievance Description
{Provide a clear and concise statement. Attach addrtiona! sheets if necessary.) Remedy Sought
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.
This information provided is true and accurate to the best of my knowledge.
Grievant Signature Date Red
OAA GV 7406 (Rev. 03/2023) Page 1 of 1
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ATTACHMENT B
Aging and Adult Services
CO UN 1 Y h.Wk G«u.*IUn
Client Complaint And Grievance - Level I Review
Older Americans Act Programs
Grievant Name Name of Service Provider
Mailing Address Date of Action Causing Grievance
Grievance Review - Level I
A written response must be issued to the Grievant no later than ten (10) business days after receipt of grievance, or from date of discussion.
Date Received Level 1 Reviewer Printed Name
Response Date Level I Reviewer Signature
Level I Decision (Attached on separate sheet)
Grievant Acknowledgement and Response to First Level Review If the contract provider does not resolve your complaint at the first level of grievance, you may appeal their decision to the second level of grievance within fifteen (15) business days of their written decision.
□ I agree with decision and do not appeal to the second level.
Please return one copy of this form to the Service Provider. □ I do not agree with decision and appeal to the second level.
Please return one copy of this form to DAAS-PG Administration.
Grievant Signature Date Signed
Appeals may be hand delivered, mailed, or faxed to: DAAS-PG Administration Attention: Deputy Director
784 East Hospitality Ln.
San Bernardino. CA 92415
Fax: (909) 891-3940
OAA GV 7406 LI (Rev. 03/2023) Page 1 of 1
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ATTACHMENT B
Aging and Adult Services
COUN 1 Y hiNk<3«wrriliiii
Client Complaint And grievance - Level II Review
Older Americans Act Programs
Grievant Name Name of Service Provider
Grievance Review . Level II
A written response must be issued to the Grievant no later than fifteen (15) business days after receipt of first level appeal.
Date Received Level II Reviewer Printed Name
Response Date Level II Reviewer Signature
Level II Decision (Attached on separate sheet)
Grievant Acknowledgement and Response to Level II Review If DAAS-PG Administration does not resolve your complaint at the second level of grievance, you may appeal their decision and request an impartial hearing within fifteen (15) business days of their written decision.
□ I agree with the decision and do not appeal for a hearing. □ I do not agree with the decision and appeal for a hearing.
Reason for appeal:
Grievant Signature Date Signed
This form may be hand delivered, mailed, or faxed to: DAAS-PG Administration Attention: Deputy Director
784 East Hospitality Ln.
San Bernardino, CA 92415
Fax: (909) 891-3940
OAA GV 7406 Lll (Rev. 03/2023) Page 1 of 1
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ATTACHMENT C
ASSURANCE OF COMPLIANCE STATEMENT
ASSURANCE OF COMPLIANCE WITH THE
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS City of Montclair
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 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; California Government Code section 4450; Title 2, 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 InterethnicAdoption 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, sexual orientation, gender identity, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief, or other applicable protected basis 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 orythe Agefi^yj^irectly or through contract, license, or other provider services, as long as it receives federal or stat^ a^istar;!^; artc| shall b^ubmltted annually with the required Civil Rights Plan Update.
DATEre JIGNATURE
itv of Montclair
ORGANIZATiON
HS Rev. 4/2024
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ATTACHMENT D
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)
Approved by OMB
0348^046
1. Type of Federal Action:
1 n a. contract
' ' b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan Insurance
2. Status of Federal Action:
1 la. bid/offer/application
' ^b. Initial award
c. post-award
3. Report Type:
1 a. Initial filing
^ ^ b. material change
For Material Change Only:
vear Quarter
date of last reoort
4. Name and Address of Reporting Entity:
n Prime D Subawardee
Tier . if known :
Congressional District. If known:
5. If Reporting Entity In No. 4 Is a Subawardee, Enter Name and Address of Prime:
Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if aoDlicabie:
8. Federal Action Number, if known: 9. Award Amount, if known:
S
10. a. Name and Address of Lobbying Registrant
{If Individual, last name, first name, Mi):
b. Individuals Performing Services {including address if different from No. lOa)
{last name, first name. Ml):
.4,4 Informscon reoussted ttvough ihis fonn s authorzed by tte Si U.S.C. secbcn * 1352. This disdosure of iobbytng aetivdM is a material representSMn of fact upon wtwh rtlianee vns piaMd by the ter above wtien this transactcn ««s made cr ersered into. Ths di^osure 4 re((ured pirsuant to 31 U.S.C. 1352. Diis nfbrmation will be available for public nspectca Any person who faSs to file the requred dsciosue sha'ibesubjecttoa dvilpenalcycfnctless than S10.C00ana not more ihan 310O.GOO for each such failure.
Slanature:
Print Name:
Title;
Teleohone No.: Date:
Federal Use Only:
Authorizeij for Local Reproduction
standard Form LLL (Rev. 7-97)
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ATTACHMENT D
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be corrpleied by the reporting entity. whethersubaiAQrdee or ^rT>e Federal rec^ient. at the initiation or receipt of a covered Federal action, cr a material change to a previcusfilirtg. pursuam to title 31 U.S.C. section 1352. The filing of a fom is required fer each paymentor agreementto make payrrentto any lobbying endty fen influerwng or attempting to influerwe an officer or employeeof arty agen<^. a Member of Congress, an officer or ^^npioyeecf Congress, cr an employeeof a Merrberof Congress in ccnnectionwith a covered Federal action. Completeali items that applyforttoth the irtitial filing and material tdtarge report. Refer to the intplementir^ guidance published by the Office of Management and Budget for additional information.
1. Iderdfy the type of covered Federal action for which Icbbying activity is and.br has been secured to influence the outcome of a covered Federal action. 2- Iderdfy the status of dte co-.ered Federal acticn.
3. Identifytheappropriateciasslficationof this repcn If this is a fcllowup report caused by a material charge to the ir^rmation previously reported, enter the year and quarter in which the change occuired. Enter the date of the last previously submitted report by this reporting entity for this covered Federal acdon.
4. En^the full name, address, city. State and zip code of the reportirtg entity. Include Congressional OistrSci. if known. Check the j^ipropriatedassification cfthereportingentitythat designates if it is. or expects to be. a primeorsubaward redpier«.ldentifythe tier of the subAvardee. e.g.. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subjp'ants artd contract awa^ under grants.
5. If tite organizationfiling the report in item 4 checks "Subawardee.* then enter the fiJI name, address, city. State and zip code of the prnne Federal redpent. Include Congressional District if known.
6. Enterthe name of the Federal ager>cy making the award or loan commitment. Indude at least one orgartizationallevel below ager>cy name, if krrown. Fdr example. Department of Transportation. United States Coast Guard.
7. Enter dte Federal program narrte or description for the covered Federal action ^tem 1). If knowa enter die full Catalog of Federal Domestic Assi5tai>ce (CFDA) nunber for graits. cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number availablefv the Federal acticn iderttified in item 1 (e.g.. Request for Proposal (RFP) manber ImAation for Bid (IFB) number; grant announcement number the contract grant or loan award number the appficatiorv'pioposal control nianber assigned by the Federal agency). Include prefixes. e.g.. "RFP-M-00-001.'
0. For a covered Federal action where there has t>een an award or loan commitmentby die Feder^agericy.ent^ the Federal amount of the award/loan convnicnent for the prime entity identified in item 4 or S. to. (a) Enter the full name, address, dty. State and zip code of the lobbying le^strant under the Lobbying Disclosure Act of 1005 engaged by the reporlins entity identified in item 4 to influence the ca/ered Federal action. (b) Enter the full r^mes of theirtdMdual(s) perfcming services, and include fufi address if (tifferent from 10(a). Enter Last Name, RrstName, and Middle Initial (Ml).
11. The certifying official shall sign and date the form, print his.'her rtame. tide, and telephone number.
Accordngtothe PaperwckReductionAct. as anvended. no persons are required to respond to a collection cf information unless it displays a valid 0MB Control Number. The valid 0MB control number for this information oollection is 0MB No. 0348-0048. Public reporting burden for this collection of information is estimated to aver 10 minutes per response, indudirtg time for reviewing irtsructicrts, searchirtg existing data sources, gathering and maintaining die data needed, and ccmpleting and reviewing the collection of information. Send comments regarding the burden estimate or arty other aspect cf this collection of information, inducting suggestions for redudng this burdea to the Office cf kfanagememand Budget Paperwork Reduction Project (0348-0046), Washington, DC 20503.
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ATTACHMENT E
SAN BERNARDINO COUNTY
DEPARTMENT OF AGING AND ADULT SERVICES - PUBLIC GUARDIAN
REQUEST TO PURCHASE PROPERTY/EQUIPMENT
This form is to be completed whenever a contractor is requesting to purchase property or equipment under a California Department of Aging (CDA) grant. Contractor must obtain a minimum of three (3) bids and attach a Propertv/Eauioment Bid Form for each item requested.
Date: FY:
Contractor Name:
Address: Contact: Phone No:
Item(s) Requested (attach additional sheet if required:
QTY DESCRIPTION AMOUNT FUNDING SOURCE
Explain how requested item(s) will be used to carry out the objectives related to the funding to be received (attach additional sheet if required):
Approved Denied
Program Review by: Name
Director Approval:
Administrative Use Only:
Value over $500/unit: Yes No
Inventory: Yes No
Title Date
Date
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ATTACHMENT F
SAN BERNARDINO COUNTY
DEPARTMENT OF AGING AND ADULT SERVICES - PUBLIC GUARDIAN
PROPERTY/EQUIPMENT BID FORM
Fund Source:
Contractor Name:
Address:
Item Description:
Contact:
Phone:
Date of Bid: Date of Bid: Date of Bid:
Vendor: Vendor: Vendor:
Contact: Contact: Contact:
Phone: Phone: Phone:
Cost per unit:
Number of units:
Total Cost:
Cost per unit:
Number of units:
Total Cost:
Cost per unit:
Number of units:
Total Cost:
Comments: Comments: Comments:
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ATTACHMENT G
Voluntary Contribution Flyer
SAN BtRNAKDiNO
COUNTY
Aging and Adult Services
Public Guardian
Senior Program
Older
Americans Act
Voluntary Contributions
Introduction
Thank you for participating in San Bernardino County Department of Aging and Adult Services - Public Guardian's (DAAS-PG) Older Americans Act senior programs. We are pleased to serve you and look forward to continuing to provide you with quality services.
Funding for this service has been provided by the department through a grant award from the California Department of Aging.
Voluntary Contributions
Program participants may contribute towards the cost of services received. Contributions are voluntary and will be used to increase program services. No eligible individual shall be denied participation based on contributions.
Confidentiaiity
Voluntary contributions are kept confidential. Employees, agents, and volunteers are required to maintain the integrity and confidentiality of all participants regardless of contributions.
How to contribute
Participants interested in contributing to the program may do so by placing monies in the marked contribution container or envelope provided by the program provider at each service event.
If you have any questions or concerns regarding voluntary contributions, please contact A
For more information on Senior Programs, contact DAAS-PG at 1-800-510-2020 or visit our website atwww.SBCounly.gov/daas.
02.15.2023
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ATTACHMENT H
Payments, Budgets, Closeout, and Audits
Funds
A. Expenditure of Funds
1. Contractor shall expend all funds received hereunder in accordance with this Contract.
2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with California Department of Human Resources' rules and regulations. This is not to be construed as limiting Contractor from paying any differences in costs between the rates specified above and any rates the Contractor is obligated to pay under other contractual agreement from funds other than those provided pursuant to this Contract.
3. No travel outside the State of California shall be reimbursed unless prior written authorization Is obtained from County.
4. Contractor agrees to include these requirements in all contracts it enters into with subcontractors or vendors to provide services pursuant to this Contract.
5. County reserves the right to refuse payment to Contractor or disallow costs for any expenditure, when determined by the County to be out of compliance with this Contract, unrelated or inappropriate to the contract activities, when adequate supporting documentation is not presented, or where prior approval was required but was either not requested or not granted.
B. Accountability for Funds
1. Contractor shall maintain accounting records for funds received under the terms and conditions of this Contract. These records shall be separate from those for any other funds administered by Contractor and shall be maintained in accordance with Generally Acceptable Accounting Principles and Procedures, and the Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
2. Contractor shall promptly forward payroll taxes, insurances and contributions, including State disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated governmental agencies.
3. Adequate source documentation of each transaction shall be maintained relative to the allow ability of expenditures reimbursed by DAAS-PG under this Contract. If the allow ability of expenditures cannot be determined because records or documentation of Contractor are nonexistent or inadequate according to Generally Accepted Accounting Principles and Procedures, the expenditures may be disallowed.
4. Financial Management Systems
a. Contractor shall meet the following standards for its financial management systems, as stipulated in 45 CFR Section 92.20 (governmental) or 45 CFR Section 74.21 (not for profit organizations):
b. Financial Reporting
c. Accounting Records
d. Intemal Control
e. Budgetary Control
f. Allowable Costs
g. Source Documentation
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ATTACHMENT H
h. Cash Management
0. Unexpended Funds
Upon termination, cancellation, or expiration of this Contract, or dissolution of the entity, the Contractor shall return to County immediately upon written demand, any funds provided under this Contract, which are not payable for goods or services delivered prior to the termination, cancellation or expiration of this Contract or dissolution of the entity.
D. Availability of funds
1. It is understood by the parties that this Contract may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, to avoid program and fiscal delays that would occur of this Contract were executed after that determination was made.
2. This Contract is valid and enforceable only if sufficient funds are made available to the County by the United States Government or State of California for the fiscal years appropriate for the purpose of the services described herein.
3. Funding Reduction(s)
a. If funding for any County fiscal year is reduced or deleted for the purposes of this program, the County shall have the option to either. 1) Terminate the Contract
2) Amend the Contract to reflect the reduced funding that will be available. b. In the event that County elects to offer an amendment, it shall be mutually understood by both parties that 1) County reserves the right to determine which contracts, if any under this program shall be reduced; 2) some contracts may be reduced by a greater amount than others; 3) the County shall determine in its sole discretion the amount that any or all of the contracts shall be reduced for the fiscal year.
E. Program Income
1. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated. a. There should be supporting documentation showing amounts earned daily and the deposit of this funding.
2. Program Income must be used to pay for current allowable costs of the program in the same fiscal year the income was earned (except as noted below).
3. Program Income must be spent before contract funds and reduce the amount of contract funds payable to Contractor.
4. If Program Income is earned in excess of the amount reported by County in the Contractor's approved budget, the excess amount may be deferred for use in the first quarter of the following contract period, which Is the last quarter of the federal fiscal year, if approved by County.
5. If Program Income is deferred for use it must be used by the last day of the federal fiscal year and reported when used.
6. Program Income may not be used to meet any requirements for matching contributions specified in this Contract.
7. Program Income must be used to expand baseline services.
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ATTACHMENT H
F. One Time Only (OTO) Funds
1. OTO funds may only be used for the following purposes:
a. The purchase of equipment which enhances the delivery of services to the eligible service population.
b. Home and community based projects which are approved by County in advance.
c. Innovative pilot projects which have been approved in advance by the County and are designed for the development of a comprehensive and coordinated system of care as defined in [45 CFR 1321.53(a) & (b).
2. OTO funds may be used to maintain or increase baseline services; however, it is understood by the parties such use of OTO funds creates no expectation of service delivery beyond the current contract period of Contractor's direct costs, excluding in kind contributions and nonexpendable equipment.
3. Nutrition Services Incentive Program (NSIP) OTO funds shall be used only to purchase food to be used by Contractor in Contractor's Elderly Nutrition Program.
G. Matching Contributions
1. Cash and/or in kind contributions may be counted as match if such contributions are used to meet program requirements.
2. Matching contributions (cash or in kind) must be verifiable from the records of the Contractor or its subcontractors.
3. Only allowable costs as established by Office of Management and Budget (0MB) cost principles may be reported as matching contributions.
4. Services of volunteers or other costs reported as "in kind" matching contributions shall be valued at rates consistent with those of similar work or services paid by Contractor. If Contractor does not offer similar work or purchase similar services, rates shall be consistent with those in local market area.
H. Budget and Budget Revision
1. Contractor shall be compensated for expenses only as itemized in the approved budget reference into this Contract. The Contractor shall not be entitled to payment for expenses related to this Contract until the budget has been reviewed and approved by County.
2. No budget revision may result in an increase of the maximum dollar amount stated in Section V, Paragraph A. The written request must specify the line item or Service Category changes requested and must include justification for the request changes.
3. Contractor shall submit a budget revision to the County, in advance of expenditures when:
a. Changes to line item expenditures are expected to exceed the amount of the approved budgeted line item by more than ten percent (10%) of the amount specified in Section V, Paragraph A.
b. New budget line items are to be added.
c. When the changes being requested involved the transfer of funds between Service Category.
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ATTACHMENT H
d. When the changes being requested involve the transfer of funds from one line item to another line item within a Service Category. e. When otherwise requested by County.
4. Contractor shall maintain a written record of all budget changes including line item or service category changes. This record shall be available to the Department upon request and shall be maintained in the same manner as all other financial records.
5. The final date to submit a budget revision is March 30 of the contracted period unless othen/vise specified by County.
I. Indirect Costs
1. Indirect costs are those which have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost.
2. Examples of indirect cost may include depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting.
3. The maximum reimbursement amount allowable for indirect costs is ten percent (10%).
4. Indirect costs exceeding the ten percent (10%) maximum may be budgeted as in kind and be used to meet the minimum matching contribution requirements.
5. Contractor agrees to include the above requirement in all contracts it enters into with subcontractors or vendors to provide services pursuant to this Contract.
6. Reimbursement for indirect costs shall be based on an indirect cost rate plan documenting the methodology used to determine the indirect cost rate, which shall be submitted by Contractor to DAAS-PG and be approved by DAAS-PG with the budget.
J. Financial Summary
1. Contractor shall receive a report of all funding reimbursed and will sign an attestation in agreement with the final record of expenditures and income to County within sixty (60) days of the end of contract period, unless othen/vise specified by County.
2. Federal funds othenwise payable to Contractor by County may be reduced proportionately by County to maintain the required matching contributions ratio if amount of matching contributions reported by Contractor is less than minimum required matching contribution amount specified in Section V.A ("Fiscal Provisions) of this Contract.
K. Subcontracts or Vendor Contracts
1. Without the prior written consent of the Director of DAAS-PG or his/her designee, this Contract is not assignable by Contractor either in whole or in part.
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ATTACHMENT H
2. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DAAS-PG or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor. Contractor shall be fully responsible for the performance of any subcontractor.
3. Contractor shall include language in all subcontracts that require subcontractor to comply with all applicable State and federal laws.
4. Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of County or State.
5. Copies of subcontracts, vendor Contracts, Memorandums and/or Letters of Understanding shall be on file with the Contractor and shall be made available to DAAS-PG upon request Contractor shall monitor the insurance requirements of its subcontractors and/or vendors.
6. Contractor shall ensure that the subcontractor and/or vendor will complete all reporting and expenditure documents requested by DAAS-PG. These reporting and expenditure documents shall be sent to Contractor in a timely manner and at intervals as determined by DAAS-PG.
7. Contractor shall monitor the budget, expenditures, and performance of its subcontractors and/or vendors.
8. Contractor shall provide support and technical assistance to subcontractors and respond in writing to all written requests for direction, guidance, and interpretation of instructions to include client and service data.
L. Audits
1. Contractors that expend $1,000,000 or more in Federal awards shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502, Single Audit Act. Amendments of 1996, Public Law 104-156, and Office of Management and Budget [2 CFR Part 200, Subpart F Audit Requirements] [formerly 0MB Circular A-133).
2. A copy of audit report shall be submitted to DAAS-PG within thirty (30) days after receipt of the auditor's report or nine (9) months after the audit period, whichever occurs first, unless a longer period is agreed to in advance by the cognizant or oversight federal agency.
3. Contractor shall ensure that State-funded expenditures are displayed clearly along with the related federal expenditures in the single audit report's "Schedule of Expenditures of Federal Awards" (SEFA) under the appropriate Assistance Listing Number (ALN) as referenced herein. In addition, should contractor's SEFA totals be reported based on a fiscal year period other than County's fiscal year (July 1 through June 30), a supplemental schedule shall be provided which reconciles Contractor's reported expenditures to County fiscal year periods.
4. For state contracts which do not have ALN numbers. Contractor shall ensure State funded expenditures are clearly identified in the SEFA by the appropriate program name, identifying grant/contract number and as passed through the California Department of Aging.
5. The following closely related programs identified by ALN number are to be considered as an "Other Cluster" for purposes of determining major programs or whether a program specific audit may be elected. Contractor shall identify the ALN standard Contract Page 58 of 67
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6. 9.
10. 11.
12. Standard Contract
ATTACHMENT H
titles and numbers to the independent auditor conducting the organization's single audit as well to each of Contractor's subrecipients.
The Federal Granter for the following programs is the U.S Department of Health and Human Services, Administration on Aging:
93,044 Special Programs for the Aging - Title III, Part B = Grants for Supportive Services and Senior Centers (Title 111 -B).
Cluster of programs means a grouping of closely related programs that share common compliance requirements. The types of clusters of programs are research and development (R&D), student financial aid (SPA) and other clusters. "Other Clusters" are defined by the 0MB in the Compliance Supplement or as designated by a State for federal awards provided to its subrecipients that meet the definition of cluster of programs. When designating an "Other Cluster", a State shall identify the federal awards included in the cluster and advise the subrecipients of compliance requirements applicable to the cluster, consistent with S.400 (d) (1) and S.400 (d) (2), respectively. A cluster of programs shall be considered as one program for determining major programs, as described in S.520, and with the exception of R&D as described in S.200 (c), whether a program specific audit may be elected. (Federal Office of Management and Budget, (0MB) Circular A-133, Audits of States, Local Governments, and Non-Profit Corporations).
Contractor shall perform a reconciliation of its "Financial Closeout Report" to the audited financial statements. The reconciliation shall be maintained and be made available to DAAS-PG for review.
Contractor shall ensure that subcontractor single audit reports for Contractor meet [2 CFR Part 200, Subpart F Audit Requirements] [formally 0MB Circular A-133] requirements, including but not limited to:
a. Performed timely - not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the auditor's report or nine (9) months after the end of the audit period, whichever occurs first.
b. Properly procured - use procurement standards provided in the 0MB Circular A-133 and provide maximum opportunities to small and minority audit firms.
c. Performed in accordance with Generally Accepted Government Auditing Standards- shall be performed by an independent auditor and be organization-wide.
d. All inclusive - includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant Contracts; and the schedule of findings and questioned costs.
e. Performed in accordance with provisions applicable to this program as identified in S.2 CFR Part 200, Subpart F Audit Requirements [formerly 0MB Circular A-133 Compliance Supplement].
Requirements identified in the provision above shall be included by Contractor in all subcontracts.
Contractor shall include in its contract with the independent auditor that the auditor
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ATTACHMENT H
will comply with all applicable requirements/standards, that the County shall have access to all audits.
13. Reports and supporting work papers, and that the County shall have the option to perform additional work if needed.
14. Unless prohibited by law, the cost of audits completed in accordance with provisions of the Single Audit Act Amendments of 1996 is allowable charges to Federal awards. Contractor may not charge to Federal awards the cost of any audit under the Single Audit Act Amendments of 1996 not conducted in accordance with the Act. Contractor may not charge to Federal Awards the cost of auditing a nonfederal entity which has Federal Awards expended of less than $500,000 per year and is thereby exempted under 0MB Circular A-133, Subsection 200(d).
15. Contractor shall cooperate with and participate in any additional audits which may be required by State or County.
standard Contract Page 60 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 212 of 348
ATTACHMENT I
STATE OF CALIFORNIA (
CALIFORNIA DEPARTMENT OF AGING A
INFORMATION INTEGRITY AND SECURITY STATEMENT
CDA 1024 (REV 03/2020)
In compliance with California Government Code Section 11019.9, California Civil Code Section 1798 et seq., Department of General Services Management Memo 06-12, and Statewide Information Management Manual (SIMM) 5300 the California Department of Aging (CDA) hereby requires the Contractor/Vendor to:
ACKNOWLEDGE:
• Any wrongful access, inspection, use, or disclosure of Personal, Confidential or Sensitive information (PSCI) is a crime and is prohibited under state and federal laws, including but not limited to California Penal Code Section 502, California Government Code Section 15619, California Civil Code Section 1798.53 and 1798.55, and the Health Insurance Portability and Accountability Act.
Acknowledge.
• Any wrongful access, inspection, use. disclosure, or modification of PSCI information may result in termination of this Contract/Agreement.
MEET THE FOLLOWING REQUIREMENTS:
• PSCI information shall be protected from disclosure in accordance with all applicable laws, regulations, and policies.
• PSCI data be protected by authorized access using the principles of least privilege. • Any occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies will immediately be reported to CDA by completing a Security Incident Report CDA (1025A and 1025B). • All access codes which allow access to confidential information will be properly safeguarded.
• Obligations to protect PSCI information obtained under this Contract/Agreement will continue after termination of the Contract/Agreement with CDA. • All employees/subcontractors of the Contractor/Vendor will complete the required Security Awareness Training module located at
httD5://aqinQ.ca.qov/lnformation security/ within 30 days of the start date of the Contract/Agreement or within 30 days of the start date of any new employee or subcontractor. This training must be completed annually. t All employees/subcontractors of the Contractor/Vendor must comply with CDA's confidentiality and data security requirements as outlined in the Contract/Agreement.
• All employees/subcontractors of the Contract/Vendor must comply with the Appendix D, section XVIII encryption and self-certification requirements as outlined In the contract.
Standard Contract Page 61 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 213 of 348
ATTACHMENT I
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF AGING A r7TKTP
INFORMATION INTEGRITY AND SECURITY STATEMENT Vj
CDA 1024 (REV 03/2020)
CERTIFY:
To protect PSCI information by:
• Accessing, inspecting, using, disclosing or modifying PSCI information only for the purpose of performing official duties.
• Never accessing, inspecting, using, disclosing, or modifying PSCI information for curiosity, personal gain, or any non-business-related reason. • Securing PSCI information in approved locations.
• Never removing PSCI information from the work site without authorization.
Meets the encryption requirements in Exhibit D Article 18:
□ Is in full compliance with the 128 Encryption requirements.
Q Is not In compliance with the 128 Encryption requirements and will achieve compliance by
I hereby certify that I have reviewed this Confidentiality Statement and will comply with the above statements.
Contractor/Vendor Printed Name and Title
Contractor/Vendor Signature Date
CDA Program/Project Contract Number
Standard Contract Page 62 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 214 of 348
ATTACHMENT J
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF AGING
INFORMATION SECURITY INCIDENT REPORT PART A
CDA 1025A (REV 12/2019)
[7] . rAl lR>8\lrN
•A, U)l rAKTMF-SI Of i^ING
This form is to be completed by the Incident Manager. For more information see. the Information Security Incident Forms Instructions (CDA 1025i).
REPORTING AGENCY/CONTRACTOR
1. Business Name:
2. Business Address:
IMPACTED ENTITY
3. Is this incident being reported on behalf of another entity? Q Yes, proceed to Question #4.
□ No, proceed to "REPORTING CONTACT INFORMATION" section and Question #8.
4. Entity Name:
5. Entity Business Address:
6. Entity Telephone Number:
7. Entity Email Address:
REPORTING CONTACT INFORMATION
8. Incident Manager: 9. Telephone Number:
10. Email Address:
INCIDENT DISCOVERED BY
11.Name: 12.Telephone Number:
13. Email Address:
INCIDENT DETAILS
14. Date/Time of Incident: 15. Date Incident Detected:
Standard Contract Page 63 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 215 of 348
ATTACHMENT J
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF AGING
INFORMATION SECURITY INCIDENT REPORT PART A
CDA1025A (REV 12/2019)
(71 .XAllRINNtA
^ING
16. Incident Description;
17. Address where incident occurred:
18. County where incident occurred:
IS.Reported to law enforcement? □ Yes □ No
If yes, provide the name of the law enforcement agency and the report number.
Agency:
Report Number:
20. Media device type, if
applicable:
21. Was the device encrypted?
n Yes n No Q Unknown
22. Number of individuals
affected:
23. Type of protected information (check all that appl^:
I I Social Securi^ Number [H Financial Information [U Name I I Health or Medical Information 0 Driver's License/State ID Number CD Other (Specify):
I I No Protected Information Disclosed
SIGNATURES
24. Agency/Contractor Information Security Officer: Signature: Date:
25. Agency/Contractor Privacy Officer- Signature: Date:
26. Authorized Signature/Director: Signature: Date:
GDAUSE ONLY
GDA Incident Number: Gal-GSIRS Report Number:
Is a breach notice required? CD Yes CD No
Sample notification sent to Incident Manager?
□ Yes □ No
Name of sample notification provided, if applicable:
Standard Contract Page 64 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 216 of 348
ATTACHMENT K
INFOR2VLA.TIOX SHEET (oJte Infonnatiou Sheetper Vendor) CONTRACTOR SHALL COIvIPLETE SECTION I OF THIS FORM AND RETURN TO:
SAN BERNARDINO COUNTY
Department of Aging and Adult Services
Attn: CONTRACTS
SZCTION I: CONTRACTOR INTORMATION
Uioraaai Mne:
Aooes 'wZuSnf CiQ'. Coder. Adds:
hcmL n*:
iiK iCias ia Ssniisi Ccrjr^:ir/.
.Airesi !7i:;u±n^Cr^\ iraemiZip Coder. E%ODe:
f-mwl bas:
Clicic Comet; Tiile:
Contract Sisnature Authority":
'.."inc
Tiife Trti
SisiuruR: Si^tur:
( )
E-Miil
( )
E-J-tai
Claim Signature Autlioi'ir\':
vxiiac. S2Q£.
Tirk lidfi;
'jiaaruR; •.UBjrjre.
E-Wsl .-Pieces;
1 E-MaH:
SECTION IL DAAS DTORMATION
Contract Mailing Address; Contracts Unit:
San Bernardino Count],'
Department of Aging and Adult Senices
ContractG Unit
6S6 E. Mill Street
SanBernai dino. CA 92415-0920
I'll it Fax #: m-S91-91S0
Standard Contract Page 65 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 217 of 348
ATTACHMENT L
Focal Poivrs List
Name Address CrtyfCoinnunity Phone
Arelario Senior Club 11MS Cortiffi Avenue Attfelamo.CA 92301 (76016050549 Aiple Valey Senior Club 13138 Central Road AcpteV3Jey.CA923C0 (7601247-3155.
Barslw Senor Citizens
Ciub 555 Uejssa Avenue
Barstor/, CA
92311-2031 (7601256-5023
Bg Sear Valey Senior
Certer 42ec1 SgBexBlvd. E g Bear Lake. CA 92315 {90615840J323 B'oofrington Senior Cemer leSlTVaiieyBVa. Koominglon. CA 62316 (909;i 546-1399 Bonnie Baker Senior
Citrens Cub H^GSDUkiah Trail BgR.ver.CA 92242 17601665-3067 Cheme^uevi indian Tribal
Center l&eOPaioVerOe l-Csvasu Lake. CA 92363 {7601858-4219 Chiro Senior Center 13170 Central Avenue Chiw,CA91710 {9091334-3453 Crest Forest Senior
Citzens Cub 246<58 San Moritz Dhve CresUine, CA 92325 {9091338-5036 Delma-n He^s
Senior Center 29ee N. Fbres St. San Bernardino. CA 02407 (906) 887-2115 Cino Papavero
Senior Cemer 16707 Marygoid Avenue Fom^CA 62335 (609) 35CMJ575 G Mira^ Senior Oub 146SMItai e Mirage. CA 92301 (760) 559-7683 Fomara Ccmmiwty
Senior Center 16710 Ceres Avenue Font*taCA 92335 (009) 854-5151 t-t. iVtohave intia Senior
Nutrition Program 7CX] H»Tison Street Needes. CA 92363 (760) 029-2371 George M. Gbson
Senicr Center 250 N. Thfti Avenue Uplatd. CA 91786 (609) 681-4501 ij^ge Wtiie
Senior Cemer
8bbb NTjevc Avenue'
Serra Ave.(Main Ofcf Fontaia. CA 92335 (909) 822-4493
Grand TerraM
Senior Center 22627 Grand Terrace Road &and Terrace, CA 92313 (609)824-1491 Heier^ae Senior Center 152oQ Rivsfwew Rd. BIdg. 2 Helendate. CA 92342 (76(1) 243-5690 hiesperia Leisure League 9122T>ird Avertue hespefia, CA 92345 (7601244-3223 Percy Baaker CPmrnur^ty
Cenrer
9333 "E" AwenuelPO Box
104055. hlespena, CA 92340 (760) 244-5488
hfig^'and Senior Center 3102 E. Hi^Jand Avenue Panon, CA 92369 (9C9) 862-8104 Hinkley CorrrrH/iity ^id
Senior Centw 35eQ7 Moi^in View Road Hinkley. CA 92347 (7601253-4677 Hutccn Senicr Center 660 CoAoTi Avenue Colton.CA 92324 (9091370-6168 James L Bruite
Senior Cemer 11200 Bas^he Road
Rarwho Cucamortga, CA
91701 (9091477-2780
Joshua Tree Community
Cemer 6171 Surfturst Joshua Tree, CA 92252 (760) 366-2471
Standard Contract Page 66 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 218 of 348
ATTACHMENT L
Name Address City/Community Phone
Joslvn Senior Center 21 Grant Street Redlands. OA 92373 .:909) 798-7550 Loma L "da Senior Center 2557' Barton Road Loma Linda. OA 92354 (909) 799-2520 Lucerne Valley Sen ©r Club 10431 Allen Way Lucerne Valley, CA 92356 {760) 248-2248 Luque Senior Center 292 East '0" Street Colton, CA 02324 (909) 370-5037 Lytle Creek Senior Center
P.O. Box t82M40a2 Center
Road Lytfe Creek. CA 92358 (909) 880-3650
Mentene Sencr Center 1331 Opal Avertue Mentctfie. CA 9235^9 (909) 794-52SQ Montclair Senior Cerrter 5111 Benito Street Montclair. CA 91763 (909)625-9453 ^.torongo Basm Senior
Support Center 57121 Sunnyslope Drive Yucca Valtey. CA 92234 (760) 365-9561 Mountan Com-munities
Senior Center 675 Grandview Road Twn Peaks. CA 92391 (909) 337-1S24 Needles Sen or Center 1699 Bailey Avenue Needles. CA 92363 (760) 326-4759 Nei^erry Springs-SeftieF
Famiy Center 33333 f'^Jewierry Ro^ Newteny Springs. CA 92365 (760) 257-3234 Ontario Senior Center 225 East "B" Street Ontario. CA 91764 (909) 395-2021 Perns Hill Senior Cerrter 780 E 21st Street San Bemarcno, CA 92404 (909) 334-5436 Phelan Senior Club 4123 Warbler Rd. ®A Phelan, CA 92371 (760) 863-5067 Pincn HiiS Senior Ciub 10433 Mountan Road Pinom Hills. CA 02372 (760) 803-5637 Redlands Con-nun ty Sen or
Center 111 W. Lugonia Redlands. CA 92374 (909) 798-7579 Rate Senior Center 1411 S. Riverside Avenue Riallo, CA 92376 (909) 877-9706 San Bernard ino 5th St Senior
Center 600 W 5th Street San Bemardho. CA 92410 (909)-354-543Q San Mortr Lodge 24655 San Mortz Dr Crestline. CA 92325 (909)-338-5038 Trona ComrrsunitySenor
Center 13187 Market Street Trona. CA 93562 (760) 372-5550 Twenty Nine P^s Senior
Center 6539 Adobe Road
Twenty Nine Palms. CA
92277 (760) 367-3591
Vidcrviiie Senior Center 14374 Mojave Road Vctorville. CA 92392 (760) 245-5018 Wrightwood Community
Center 1543 Barbara Street Wrightvrood. CA 02397 (760)249-3205 Yucaipa Senior Center 12202 Futet Street Yucaipa. CA 92399 (909) 797-1177 Yucca Valley Senior Center 5703 5 29 Palms H>Q?iway Yucca VaJSey. CA 922S4 (760) 223-5453
Standard Contract Page 67 of 67
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 219 of 348
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 11
FILE I.D.: STA110–L
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–30, AMENDMENT NO. 6 TO AGREEMENT NO. 15–64 WITH SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE MONTE VISTA
AVENUE/UNION PACIFIC RAILROAD GRADE SEPARATION PROJECT , SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–30, Amendment No. 6 to Agreement No. 15–64 with San Bernardino Transportation Authority for construction management services for the Monte Vista Avenue/Union Pacific Railroad grade separate project.
A copy of proposed Agreement No. 25–60 with SBCTA is attached for the City Council’s review and consideration.
BACKGROUND: On August 4, 2015, the City Council approved Agreement No. 15–64 with San Bernardino County Transportation Authority (SBCTA) for the Monte Vista Avenue/Union Pacific Railroad Grade Separation Project (Project). SBCTA wishes to amend the agreement to extend the expiration date to close out the Project. The City had previously entered into a Cooperative Agreement with SBCTA (Agreement No. 15– 64) dated September 2, 2015, which delineates the roles, responsibilities, and funding commitments of the City and SBCTA relative to the construction activities for the Project.
The City amended Agreement No. 15–64 with Agreement No. 16–41 on July 6, 2016, to revise the development share percentage used in the original agreement. The amendment also revised the public share to 91.5 percent and development share to
8.5 percent, consistent with the Nexus Study. The agreement was further amended a second time on December 5, 2019, by Agreement No. 19–91 to reflect the latest cost estimates. On August 25, 2020, a third amendment was approved extending the contract to August 31, 2022, to resolve pending invoices, claims, and final reporting. A fourth amendment was approved on August 10, 2022 extending the contract to August 31, 2024. A fifth amendment was approved on April 1, 2024 extending the contract to August 31, 2025.
SBCTA is now requesting to extend the contract for an additional year to allow for final claims resolution and pending closeout activities for the Project. Amendment No. 6 would extend the contract to August 31, 2026.
FISCAL IMPACT: The time extension provided for in Agreement No. 25–30 would not impact costs for the project or place any additional burdens on the City’s General Fund.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–30, Amendment No. 6 to Agreement No. 15–64 with San Bernardino County Transportation Authority for construction management services for the Monte Vista Avenue/Union Pacific Railroad grade separate project, subject to any revisions deemed necessary y the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 220 of 348 15-1001297-06 Page 1 of 3
AMENDMENT NO. 6 TO
COOPERATIVE AGREEMENT NO. 15-1001297 (15-1001297-06)
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF MONTCLAIR
FOR
CONSTRUCTION PHASE FOR THE GRADE SEPARATION AT
MONTE VISTA AVENUE/UPRR IN THE CITY OF MONTCLAIR
I. PARTIES AND TERM
A. THIS AMENDMENT NO. 6 to COOPERATIVE AGREEMENT No. 15-1001297 dated September 2, 2015 (“Amendment No. 6”) is made and entered into by and between the San Bernardino County Transportation Authority (“AUTHORITY”) and the City of MONTCLAIR (“CITY”). (AUTHORITY and CITY each may be referred to herein as a “Party” and collectively as “Parties”).
II. RECITALS
A. WHEREAS, CITY and AUTHORITY have previously entered into COOPERATIVE AGREEMENT No. 15-1001297 (“Agreement”). which delineates roles, responsibilities, and funding commitments relative to the Construction activities of the PROJECT as defined in the Agreement.
B. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 1, dated July 6, 2016, to revise the development share percentage used in the original agreement. The amendment revised the public share to 91.5% and the development share to 8.5%, consistent with the Nexus Study.
C. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 2, dated December 5, 2019, to update Project Management and Construction cost and revise Attachment A.
D. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 3, dated August 25, 2020, to extend the expiration date to August 31, 2022.
E. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 4, dated August 10, 2022, to extend the expiration date to August 31, 2024.
F. WHEREAS, the CITY and AUTHORITY previously amended the Agreement pursuant to Amendment No. 5, dated May 13, 2024, to update the project funding and extend the expiration date to August 31, 2025.
Agreement No. 25–30
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 221 of 348 15-1001297-06 Page 2 of 3
NOW, THEREFORE, the Parties agree to amend the Agreement between the CITY and AUTHORITY as follows:
1. The entirety of Paragraph B of Section I, entitled “PARTIES AND TERM” is removed and replaced to read as follows:
“B. This Agreement shall terminate upon completion of AUTHORITY's project management of the construction, or August 31, 2026, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement until such time as the claims are settled, dismissed, or paid.”
2. Except as amended by this Amendment No. 6, all other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect.
3. The recitals are incorporated into the body of this Amendment No. 6.
4. This Amendment No. 6 may be signed in counterparts, each of which shall constitute an original.
5. The Effective Date of this Amendment is the date AUTHORITY executes this Amendment No. 6.
SIGNATURES ON FOLLOWING PAGE:
G. WHEREAS, the CITY and AUTHORITY now wish to further amend the Agreement to extend the expiration date by one (1) year to allow for final claims resolution and pending closeout activities.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 222 of 348 15-1001297-06 Page 3 of 3
SIGNATURE PAGE TO
AMENDMENT NO. 6 TO
COOPERATIVE AGREEMENT NO. 15-1001297
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF MONTCLAIR
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
CITY OF MONTCLAIR
By:____________________________ By:__________________________ Raymond W. Wolfe Javier John Dutrey
Executive Director Mayor
Date:__________________________ Date:__________________________ APPROVED AS TO FORM APPROVED AS TO FORM:
By:_______________________________ By:____________________________ Julianna K. Tillquist Diane E. Robbins
General Counsel City Attorney
ATTEST
By:_____________________________
Andrea M. Myrick
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 223 of 348
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 12
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–31 WITH CATERING SYSTEMS, INC.
TO PROVIDE MEALS FOR THE CITY’S SENIOR CITIZEN NUTRITION PROGRAM,
SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–31 with Catering Systems, Inc. to provide meals for the City’s Senior Citizen Nutrition program, subject to any revisions deemed necessary by the City Attorney.
BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS–PG) to provide a three year Senior Citizen Nutrition Program for participants aged 60 and over at the Montclair Senior Center. An amendment to that agreement with DAAS– PG extends the term for one additional year. The Human Services Department is managing and operating the nutrition program with grant funds awarded by DAAS–PG.
The Human Services Department recommends a subcontract with Catering Systems, Inc. for nutrition program meals. City Staff have had difficulty in finding other meal providers that serve high quality food and that will work within the extensive DAAS–PG requirements. In the past, staff requested recommendations for meal providers from DAAS–PG and the majority of other cities are served by one organization and when City Staff looked into other caterers, unfortunately, they are significantly higher in cost and subjectively lower in quality.
In order to maintain the current program standards, Human Services is recommending that the City subcontract with Catering Systems, Inc. for Fiscal Year 2025–2026. Should the Council approve Agreement No. 25–31, Catering Systems, Inc. would continue to deliver prepared meals every weekday until June 30, 2026, excluding holidays. The meal cost will be $6.45 per meal, a 25 cent increase from FY 2024–2025. All of these costs will be covered by the existing cost reimbursement DAAS–PG grant.
The suggested participant contribution for meals is $3.00, as required by DAAS. The funding for the meal cost would be paid through participant contributions and funding from Agreement No. 22–57 with DAAS–PG that was approved by the City Council on June 6, 2022. Note that the DAAS–PG contract had a three year term and has been extended for one additional year covering the period July 1, 2022 – June 30, 2026.
FISCAL IMPACT: There will be no cost to the General Fund as a result of this agreement to provide the Senior Nutrition meals. All of these costs will be one hundred percent grant funded under Agreement No. 22–57 with DAAS. The term of the proposed Agreement No. 25–31 is July 1, 2025 through June 30, 2026.
RECOMMENDATION: Staff recommends City Council approve Agreement No. 25–31 with Catering Systems, Inc. to provide meals for the City’s Senior Citizen Nutrition program, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 224 of 348 AGREEMENT NO. 25–31
FOOD SERVICE AGREEMENT
THIS AGREEMENT, executed in Montclair, California, is made by and between the City of Montclair, a California Municipal Corporation, hereinafter referred to as the "Contractor," and Catering Systems, Inc., hereinafter referred to as the "Subcontractor." WHEREAS, the Contractor and the County of San Bernardino Department of Aging and Adult Services (DAAS), hereinafter referred to as "County," have entered into an Agreement which authorizes the Contractor to provide certain services, said City Agreement being No. 22-57 signed June 28, 2022 (as amended); and WHEREAS, the aforesaid Agreement provides that the Contractor may subcontract for certain professional services subject to prior County approval; and WHEREAS, the Contractor desires to engage the Subcontractor to provide professional services as detailed elsewhere in this Agreement; and WHEREAS, the Subcontractor desires to perform and provide such services.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Contractor and the Subcontractor agree as follows:
AGREEMENT
Section 1. Statement of Work and Schedule
The Subcontractor shall perform and provide the services set forth in the Food Service Specifications, which is attached hereto as "Attachment 1" and by this reference incorporated herein. The rights and obligations of the parties to this Agreement shall be subject to and governed by said Food Service Specifications as well as by the general provisions herein.
Section 2. Representatives of the Parties and Service of Notice The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands, and communications shall be given are as follows:
A. The representative of the Contractor shall be, unless otherwise stated in the Agreement:
Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 225 of 348 AGREEMENT NO. 25–31
B. The representative of the Subcontractor shall be:
Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(714) 278–9294
Section 3. Compensation to the Subcontractor
The Contractor shall pay to the Subcontractor an amount not to exceed $6.45 per meal for approximately 100 meals per day for complete and satisfactory performance of the terms of this Agreement. The Subcontractor shall be paid for providing services set forth in this Agreement. Payment shall be made on a monthly basis.
Section 4. Time of Performance
The term of this Agreement shall commence on July 1, 2025 and terminate on June 30, 2026, provided that said term is subject to the provisions of Section 14, "Indemnity, Liability, and Insurance Requirements," and Section 18, "Termination," and the availability of funds through the County.
There are up to 252 serving days during Fiscal Year 2025–2026 not including the following holidays and special occasions:
Independence Day – July 4, 2025
Labor Day – September 1, 2025
Veterans Day – November 11, 2025
Thanksgiving Day – November 27– November 28, 2025
Christmas Day – December 25, 2025
New Year’s Day –January 1, 2026
Marin Luther King Jr. Day – January 19, 2026
Presidents’ Day – February 16, 2026
Memorial Day – May 25, 2026
Section 5. Notices, Demands, and Communications
A. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by registered or certified mail, return receipt requested, and shall be deemed effective as the date of mailing.
B. Such notices, demands, or communications shall be addressed as set forth below:
1. For the Contractor:
Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 226 of 348 AGREEMENT NO. 25–31
2. For the Subcontractor:
Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(310) 619–1218
C. If the name of the person designated to receive the notices, demands, or communications or the address of such person is changed, written notice shall be given, in accord with this Section, within five (5) working days of said change.
Section 6. Audit Records and Bonding
A. The Subcontractor shall maintain financial records and reports related to funds received under this Agreement.
B. The Subcontractor shall maintain books, records, documents, and other accounting procedures and practices, which reflect all costs of any nature, including cost of raw food and labor costs, expended in the performance of this Agreement.
C. These records shall be subject to audit or inspection by duly authorized County, State, or Federal personnel.
D. The Subcontractor shall maintain all books, records, and other documents relative to this Agreement for three (3) years after final payment or audit by the United States Department of Health and Human Services, the California Department of Aging, and County for five years if no audit occurred.
E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, a statement that all persons handling funds received or disbursed by this Agreement are covered by Fidelity Insurance.
F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public Accountant audit, which shall be conducted following generally accepted audit practices, to determine that there has been a proper accounting for and use of contract funds. All records of the Subcontractor bearing upon food purchases, storage, and food preparation directly related to said program under this Agreement shall be made available to the Contractor upon request.
G. The Subcontractor shall furnish reports as required by the Contractor, County, California Department of Aging, and the U.S. Administration on Aging.
H. Subcontractors shall use standardized recipes which meet Hazard Analysis requirements and which shall be available to Contractor and County.
I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed.
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J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor, Centralized Dietary Services, County, State, or Federal personnel.
Section 7. Amendments to Agreement
Any changes in the terms of this Agreement, including changes in the scope of services to be performed by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the Contractor and the Subcontractor, shall be incorporated into this Agreement by a written amendment properly executed by both parties. Prior written approval shall be received from County.
Section 8. Permit and Licenses
The Subcontractor shall hold valid permits, license, certificates, and other documents as are required by the State, County, City, or other governmental or regulatory bodies to legally engage in and perform the services to be provided under this Agreement, such as public health license, Orange County Inspection Reports, annual Fire Inspection Certificates, and other documents attached for County's approval. The Subcontractor shall notify the Contractor immediately of any suspension, termination, lapses, non-renewals, or restrictions of required licenses, certificates, or other documents that may be cause for termination of this Agreement.
Section 9. Conflict of Interest
A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest, direct or indirect, with respect to the Contractor that could create a conflict of interest.
B. No member, officer, or employee of the Contractor and no official, officer, or employee of the County who exercises any responsibilities or functions with respect to the Contractor during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Contractor the right to terminate this contract or, at the discretion of the Contractor, to deduct from the Subcontractor's fees the amount of such commission, percentage, brokerage, or contingent fees.
Section 10. Independent Contractor Status of the Subcontractor Subcontractor is and shall at all times remain as to the Contractor and County a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Subcontractor shall at all times be under Subcontractor’s exclusive direction and control and shall not be construed to be employees of Contractor or County for any purpose, including eligibility under Public Employees Retirement Law. Neither Contractor nor County nor any of their respective officers, employees, or agents shall have control over the conduct of Subcontractor or any of Subcontractor’s officers, employees, or agents, except as set forth in this Agreement.
The parties agree that the performance of the Subcontractor's services hereunder shall be in the capacity of an Independent Contractor and that no employees of the MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 228 of 348 AGREEMENT NO. 25–31
Subcontractor have been, are, or shall be employees of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee organization and each employee who is hired or retained under this Agreement.
Section 11. Assignment or Transfer of Interest
The Subcontractor shall not assign or transfer any interest in this Agreement, except that claims for moneys due or to become due from the Contractor under this Agreement may be assigned to a bank, trust company, or other financial institution.
Section 12. Applicable Sections of Agreement between County and the Contractor The Contractor and the Subcontractor agree that all conditions set forth in the Agreement, including Addendum and Attachment 1, between the County and the Contractor, as applicable in the performance of this Agreement, are hereby included herein by reference as though set forth herein in full. Referenced sections are available at the Contractor and County for review during normal business hours.
Section 13. Discrimination Prohibited
A. The Subcontractor shall not discriminate against any employee or person served on account of race, color, sex, religious background, ancestry, national origin, or disability in its performance of this contract and hereby agrees to comply with all Federal, State, and County laws or regulations pertaining hereto including the Americans With Disabilities Act and applicable Civil Rights Acts.
B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor shall have the right to terminate said contract.
C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables of minority manpower utilization; and (2) specific affirmative action steps directed at increasing minority utilization by means of applying good faith efforts to carry out such steps, is to be included.
Section 14. Indemnity, Liability, and Insurance Requirements A. The Subcontractor agrees to defend, indemnify, and hold harmless the Contractor and the County, their officers, employees, and assigns, against any and all claims arising from acts, omissions, or negligence of the Subcontractor, its officers, or employees in the performance of this Agreement. The Subcontractor shall defend any suit against the Contractor and County alleging personal injury, sickness, or disease arising out of meals served at the project sites (or home delivered) provided food is served one hour after delivery (or eaten immediately after home delivery). This indemnification provision shall apply regardless of the existence or degree of fault of the indemnified parties.
Subcontractor’s indemnification obligation applies to the Contractor’s an County’s active as well as passive negligence, but does not apply to the Contractor or County’s sole negligence or willful misconduct.
B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the Contractor or Subcontractor and, in the event of a suit being filed, the Contractor shall promptly forward to the Subcontractor all papers in MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 229 of 348 AGREEMENT NO. 25–31
connection therewith. The Contractor shall not incur any expenses or make any settlement without the Subcontractor's consent. However, if Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or settle any such claim, and the cost of such defense, adjustment, or settlement, including reasonable attorney's fees, shall be charged to the Subcontractor. The Subcontractor shall promptly notify the Contractor in writing of any claims against the Contractor or Subcontractor.
C. The Subcontractor shall furnish proof in the form of a hand–signed certificate of insurance that it carries insurance in the minimum amounts listed below prior to commencement of performance under this Agreement. Such coverage shall be maintained currently effective until receipt of final payment under the terms of this Agreement.
1. Comprehensive General $1,000,000 combined Single Liability [including (CSL) minimum Product Liability]
2. Professional Liability $1,000,000 per occurrence
D. Comprehensive Auto Liability (owned and non-owned)
1. Bodily Injury $ 100,000 each person
$ 300,000 each accident
$ 300,000 aggregate products
2. Property Damage $ 50,000 each accident
$ 250,000 aggregate operations
$ 250,000 aggregate protection
$ 250,000 aggregate products
$ 250,000 aggregate contractual
E. Worker's Compensation. The statutory limit shall be in accordance with Sections 3700 and 3800 of the Labor Code of the State of California.
F. Additional Insured. The City of Montclair and County of San Bernardino shall be named as additional insured on all policies or certificates.
G. Cancellation Notice. A 30–day Notice of Cancellation shall be mailed to the Contractor and County, 784 E. Hospitality Lane, San Bernardino, CA. 92415.
H. In the event any new or additional meal locations are started, the insurance carrier shall name all new or additional sites as insured under the policy.
I. Failure on the part of the Subcontractor to procure or maintain required insurance shall constitute a material breach of Agreement and Contractor may immediately terminate or suspend this Agreement.
Section 15. Compliance with Statutes and Regulations
A. In the performance of this Agreement, the Subcontractor shall obey all laws of the United States, the State of California, and all County and local ordinances, regulations, policies, codes, and provisions .
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B. The Subcontractor shall conform to the nutrition requirements under Title III–C of the Older Americans Act of 1965, as amended, including providing the minimum Title III–C requirement per person of one third of the Recommended Daily Dietary Allowance (RDA).
C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL), the Hazard Analysis (HACCP) requirements and San Bernardino County Department of Aging and Adult Services Policy and Procedures for Senior Nutrition Sites.
Section 16. Federal, State and Local Taxes
Subcontractor is responsible for paying when due all Federal, State, and local taxes, including estimated taxes, incurred as a result of the compensation paid by Contractor to Subcontractor for services under this Agreement. On request, Subcontractor will provide Contractor with proof of timely payment. Subcontractor agrees to indemnify, defend, and hold harmless Contractor for any claims, costs, losses, fees, penalties, interest, or damages suffered by Contractor resulting from Subcontractor’s failure to comply with this provision. In addition, in the event Contractor is required to respond to a request from any State or Federal taxing agency as a result of Subcontractor’s failure to comply with this provision, Subcontractor shall pay to Contractor the sum of $300.00 for each occasion Contractor is required to so respond.
Section 17. Termination
The Contractor may terminate this Agreement at any time within the period of its duration upon not less than thirty (30) days written notice by the Contractor to the Subcontractor or immediately for cause. The Subcontractor may terminate this contract upon not less than thirty (30) days written notice to the Contractor. Notice shall be provided as in Section 5 herein.
In addition, this Agreement may be terminated because of lack of funds, repeated citations by County, and failure to make corrective actions required by County. In the event funds to finance this contract, or part of this contract, become unavailable, the obligations of each party hereunder may be terminated upon no less than ten days written notice to the other party. Said notice shall be delivered by certified mail or in person. County shall be the final authority as to the availability of Federal or State funds. Waivers of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement.
Section 18. Negotiation of Disputes
Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the parties concerned in such a manner that they will not delay or adversely affect the performance of the Contractor. Should any questions remain unresolved, the dispute would be submitted to the Director of the Area Agency on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the Subcontractor.
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Section 19. Prior Approval of Subcontracts
The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated under this Agreement, without obtaining prior written approval of the Contractor and the Area Agency on Aging, which shall then be made a part of the original Agreement. No subcontracts shall be approved which would incur an obligation higher than the original agreed–upon price.
Section 20. Fair Labor Standards Compliance
Subcontractor agrees to indemnify, defend, and hold harmless the County of San Bernardino and the Contractor, their respective agents, officers, and employees from any and all liability including, but not limited to, wages, overtime party, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act for services performed by the Subcontractor's employees for which the Contractor or the County of San Bernardino may be found jointly or solely liable.
Section 21. Citizenship Laws
Subcontractor warrants its full compliance with all laws regarding employment of aliens and others and that all of its employees performing services hereunder meet the citizenship or alien status requirements contained in Federal Immigration Reform and Control Act of 1986. Subcontractor shall obtain from all covered employees services hereunder all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Subcontractor shall retain such documentation for all covered employees for the period prescribed by law. Subcontractor shall indemnify, defend, and hold harmless the County and Contractor, their respective officers, agents and employees from employer sanctions and any other liability which may be assessed against either Subcontractor, Contractor, or County in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this contract.
Section 22. Subcontractor Staffing Requirements
To assure that meals are prepared in a safe, sanitary environment in compliance with the California Health and Safety Code, the San Bernardino County Department of Aging and Adult Services Policies and Procedures, and Contracts Management Manual, the Subcontractor shall comply with the following requirements:
The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's degree in Nutrition/Dietetics with an institutional food service management emphasis from an accredited college or university for supervision of the food services operation within the catering company and/or central kitchen. The Dietitian shall be both qualified as specified in sections 2585 and 2586, Business and Professions Code, and registered by the Commission on Dietetic Registration.
Or
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The Subcontractor shall hire a qualified Food Service Manager who possesses a Bachelor of Science degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years' professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the four–year degree requirements. The Subcontractor must submit to the Contractor the registration identification number and expiration date of Registered Dietitian along with complete verifiable résumés of the Registered Dietitian or Food Service Manager for County's approval.
The County may, at its sole discretion, waive this requirement or, for repeated deficiencies of noncompliance, require the Subcontractor to fill both positions and/or to expand the required positions to full–time positions.
Section 23. Date of Execution
The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the blank provided herein on both duplicate originals, which date shall be the date this Agreement is made provided, however, the term shall be for the period set forth in Section 4 herein.
Section 24. Complete Agreement
This Agreement, Addendum, Appendices, if applicable, and Attachment 1 contain the full and complete Agreement between the two parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
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IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
Subcontractor: Contractor:
CATERING SYSTEMS, INC. CITY OF MONTCLAIR
Rosanna Rojas, President Javier John Dutrey
Mayor
Date Date
Rosanna Rojas, Secretary
Date
ATTEST:
Andrea Myrick
City Clerk
APPROVED AS TO FORM:
Diane E. Robbins
City Attorney
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ADDENDUM
OTHER REQUIREMENTS
(Contractor's Option)
"Penalties for discrimination in employment - Any contractor who shall be found in violation of the nondiscrimination provisions of the State of California Fair Employment Practice Act or similar provisions of federal law or executive order in the performance of any contract with the City, thereby shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25 for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section." "Penalties for violation of affirmative action provisions - Any contractor who shall be found in violation of the agreement to pursue an affirmative course of action, or in violation of any provision of the affirmative action guidelines pertaining to the contract, shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $250 for each calendar day during which the contractor is found to have been in noncompliance, damages for said breach of contract, or both."
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ATTACHMENT 1
FOOD SERVICE SPECIFICATIONS
BETWEEN THE CITY OF MONTCLAIR
AND CATERING SYSTEMS INC.
STATEMENT OF WORK AND SCHEDULE
During the time of performance as set forth herein, the Subcontractor shall furnish all food, labor, and equipment necessary to prepare and deliver individual meals and/or bulk food for persons 60 years of age and older in compliance with the Title III Congregate and Home–Delivered Nutrition standards as described in Federal, State, and County regulatory statutes and the California Health and Safety Codes, more specifically, the California Uniform Retail Food Facilities Law (CURFFL) as amended January 1, 1996, the Older Americans Act (OAA), Amendment of 1992, and the San Bernardino County Department of Aging and Adult Services (County).
To assure that meals are prepared in a safe, sanitary environment, in compliance with the California Health and Safety Code, the DAAS Policies and Procedures and Contracts Management Manual, the Subcontractor shall comply with the following requirements:
The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's Degree in Nutrition/Dietetic with an institutional food service management emphasis from an accredited college or university, for supervision of the food services operation within the catering company and/or central kitchen.
The Subcontractor shall hire a qualified Food Service Manager who possess a BS degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the 4 year degree requirements.
The Subcontractor must submit, to the Contractor, the registration identification number and expiration date of the Registered Dietitian along with complete verifiable resumes of the Registered Dietitian or Food Service Manager for the County's DAAS approval.
The County may, at its sole discretion, waive this requirement or for repeated deficiencies of non–compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to full time positions.
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ATTACHMENT 1
A. Number of Meals
The estimated number of meals required per day is between 80 and 150, Monday through Friday. The maximum requirement is outlined below.
Total Maximum Meals Catered Cost of Meal
Monday through Friday 100 $6.45
Saturday N/A
Sunday N/A
Box lunches N/A
Breakfast N/A
Frozen meals N/A
Other food items N/A
Total Max Annual Meals 25,000 $161,250
B. Delivery
1. The meals shall be delivered as follows:
Approx. Time Food Time Food Time Food
Meal Number Preparation Leaves Arrives
Location of Meals Completed Kitchen at Site
Montclair Senior 80–150 10:00 a.m. 10:30 a.m. 11:00 a.m.
Center
5111 Benito Street
Montclair, California
2. The Contractor reserves the right to add or delete meal sites or designate alternate meal locations, as appropriate, subject to approval by County.
3. The Contractor may change the days and time of delivery and service by giving the Subcontractor seven (7) days notice.
4. The Contractor may change the number of meals to be delivered to any of the meal locations by notifying the Subcontractor by 10:00 a.m. the day prior to delivery.
5. The Subcontractor shall deliver the meals no more than 60 minutes prior to or 30 minutes after the agreed upon serving time.
6. Box lunch delivery time may be as early as 9:00 a.m. as long as appropriate holding facilities are available for perishable food items and MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 237 of 348 AGREEMENT NO. 25–31
ATTACHMENT 1
meals are transported under appropriate packing, heating and cooling temperature requirements.
7. The Contractor reserves the right to require Subcontractor to deliver food on all holidays that food service is needed.
8. The contractor shall serve foods for congregate meals; within two (2) hours after food preparation has been completed.
C. Delivery Service Specifications
1. Meals are to be delivered in (bulk/individual) prepackaged servings.
2. The Subcontractor shall supply the following food service items.
Item Specifications
Rectangular disposable plates Five compartment
Disposable bowls Eight–ounce soup bowls
Disposable flatware Bulk or pre–packaged, good quality
Napkins Good quality
Table coverings Paper placemats
Disposable cups Eight–ounce cups for bulk milk
Other Straws, plastic gloves, boxes, or bags
as needed for box lunches
3. The Subcontractor shall provide all serving trays and utensils, warming, refrigerating and freezing equipment, where necessary, for the maintenance of proper temperatures as specified herein, and shall provide servicing of the equipment and/or replacement (depending on needs of Project).
4. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or infestation. All hot foods should be packaged individually or in bulk containers to ensure a minimum delivery temperature of 145º° F. All cold foods must be packaged to ensure a maximum delivery temperature of 40º F. All foods intended to be delivered frozen shall be packaged to maintain a hard frozen state until such food reaches point of delivery.
Temperature of bulk and home–delivered meals must be taken daily at the end of production/packaging and on delivery at the nutrition site by the Subcontractor and Contractor. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packing.
Daily written documentation of temperature logging/monitoring must be kept by Subcontractor and will be subject to audit by the centralized dietary services and the County nutritionist.
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ATTACHMENT 1
The sites shall be assumed correct on shortages unless the caterer proves them wrong. All calls regarding shortages and food replacement will be communicated by the Contractors office.
5. Meals must be delivered in refrigerated trucks and/or approved for bulk– insulated containers for hot pack and cold pack. Delivery standards shall comply with applicable local health department regulations.
6. Food and supplies must be packed and handled in a sanitary manner to assure absence of contamination and spillage.
7. The program may require replacement of any cold food that is received on site at above 45 degrees F and any hot food that falls below 140 degrees F.
8. Food shortages and/or spoiled foods that are reported to the caterer by agree time of delivery must be replaced or the enclosed deduction schedule will be utilized.
9. Packing of food for delivery to the sites will be negotiated as mutually acceptable to the Contractor and Subcontractor. Sites may differ on packaging of some items due to available site equipment and time/distance.
10. The Subcontractor shall be responsible for cleaning and care of equipment returned to his facility each day.
11. The Subcontractor shall place food in areas designated by meal location managers.
12. Food shall be transported no longer than 60 minutes after packaging.
13. Food shall be kept in heat retaining equipment no longer than 60 minutes prior to serving.
14. Each delivery shall be accompanied by a delivery slip, in triplicate, designating number of meals and supplies delivered. Project Director or designated person will sign receipt, if in order, and one copy shall be left with the Project Director.
15. Instructions shall be attached to each food product delivered indicating name of meal location, number of servings, size of servings, and size of utensil to be used in serving.
16. Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna noodle casserole shall be pre–scored by the Subcontractor for the appropriate number of servings.
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ATTACHMENT 1
17. All Subcontractor delivery equipment shall be removed from the meal location by the next service day. Contractor is not responsible after this time.
18. The Subcontractor shall provide a back–up delivery system in the event of vehicle breakdown.
19. Electrical items required to be provided herein shall have the UNDERRITERS LABORATORY approval and meet all current OSHA and COSHA laws and regulations. Subcontractor shall provide Contractor with a current copy of the health certificate and any corrected deficiencies with bid. To ensure that all regulations are followed, the Subcontractor must have a qualified food service manager or part–time registered dietitian (20 hours per week) or staff who will assure that meals are prepared in a safe and sanitary condition throughout the meal service operation.
20. Authorized representatives of the Contractor, County, centralized dietary services, State, and Federal shall have the right to inspect food preparation, storage, and packaging sites during the term of the contract.
D. Meal Standards
1. A Chemical analysis of any food delivered by the Subcontractor may be requested by the Contractor or County at any time. The Subcontractor agrees to cooperate in having the analysis done. If the analysis discloses that the food does not comply with required meal specifications, the Subcontractor shall be liable for the cost of this analysis and meals served to seniors out of compliance.
2. The Subcontractor shall be liable for meals that do not meet the nutritional standards and requirements, are spoiled or unwholesome at time of delivery, are incomplete or insufficient in number ordered, or are delivered after the time specified by the Contractor. In the event the Subcontractor fails to deliver complete meals, other foods, or supplies as agreed upon, the Contractor may provide a substitute meal with emergency meals of supplies purchased from other places and charge the cost of the purchased meal to the Subcontractor. The replacement cost shall not exceed 100 percent of the contract catered meal cost.
3. If any portion of a meal other than the entree is delivered in an unacceptable condition, such as incorrect temperature (potentially hazardous)* less than contracted portion, spoiled or too late, the Subcontractor shall be liable for the cost of that portion. If the entree is unacceptable, the Subcontractor shall be liable for the cost of the entire meal. In order to ensure conformance to the above, the delivery driver shall remain at the site until the food is checked by the location manager. All shortages shall be noted on delivery slip for proper crediting.
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ATTACHMENT 1
E. Menu Requirements
1. All menus shall comply with Title III–C meal pattern requirements.
2. A six–week cycle menu shall be used that is written once yearly.
3. The Contractor has the responsibility for menu writing with input from the Project Council and Subcontractor. The menu shall be approved by the centralized dietary services dietitian.
4. The Contractor is responsible for typing and duplicating the menu.
5. All menus must be signed by the Project Director, Project Council Chairman or designee, the centralized dietary services dietitian, and certified by the County nutritionist prior to the start of the menu cycle.
6. The Project Director or centralized dietary services dietitian shall submit all menu substitutions by the Subcontractor at least 2 days prior to the serving date. The subcontractor may, however, in an emergency make menu substitutions on verbal approval of the Project Director or centralized dietary services dietitian, with a written notice to follow for documentation.
7. Provisions shall be made by the Subcontractor to provide in–service training regarding food sanitation and safety for their food service staff.
Documentation of such training shall be submitted to the Contractor.
County may require the Contractor, based upon major finding of non– compliance items in food and safety, to provide additional food service training.
*See definition of Potentially Hazardous Food, DAAS Contract Management for Service Providers.
F. Meal Pattern Specifications
1. All food must be of the highest quality standard and conform to USDA requirements. It must be prepared in a manner to preserve optimum flavor and appearance while retaining nutrients and food value. Special consideration should be given to tenderness of meat because of the age of our participants. The Subcontractor is responsible for assuring its high quality before it is sent to the meal sites.
Title III – Meal Pattern:
Meat or meat alternatives A minimum of 15 g protein per meal required.
Specification for all processed preformed meat
must be approved by the County nutritionist
before adding to menu. Two–and one–half–
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ATTACHMENT 1
ounce edible portion of meat/meat alternate in
casserole dishes.
Vegetable/Fruits Two half cup servings each per meal (exclusive of dessert).
Juice* One–half cup Vitamin C fortification required
to satisfy Vitamin C requirement.
Starch or alternate One slice bread or one–half cup serving cooked starch, such as rice, pasta, etc.
Selections made from whole grains are
preferred.
Fortified margarine or butter One teaspoon.
Dessert* One–half (1/2) cup portions or fresh fruit
equivalent. Limit of 1 dessert high in sugar,
refined grains, or saturated fat per week.
Milk or milk product Eight–fluid–ounce serving or calcium equivalent. Liquid milk served must be 1% fat, nonfat, or buttermilk.
(a) In the preparation of all meals, the Subcontractor shall use a minimum of simple sugars. Each meal shall not exceed 1000 milligrams of sodium and shall be low in fat (standard is no more than 30 percent or less of total calories). Limit of 2 high–sodium meals served in any week.
(b) Subcontractor shall provide all condiments that are normally served with specific menus including, but not limited to, salt; pepper; salad dressing; tartar sauce; mustard; catsup; cream; sugar; and garnishes, such as lemon slices and parsley (as agreed upon). A low– sodium salad dressing choice shall be offered and used in sodium and other nutrient calculations for menus with green salads. (c) Ground beef may be used no more often than twice a week and must be in solid form such as meat loaf or Salisbury steak for one of the servings. The fat content cannot exceed 15 percent. (d) Textured vegetable protein may be used at no greater amount than 30 percent of the total protein.
(e) Meat alternates (dried beans, peas, lentils, nuts, nut butters) shall not be served more often than one time per week.
(f) Desserts, such as fruits or high–nutrient density desserts shall be served throughout the week in one–half (1/2) cup portions. High– calorie desserts, such as plain gelatin desserts, cakes, pies, cookies, MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 242 of 348 AGREEMENT NO. 25–31
ATTACHMENT 1
and similar foods, shall also be included but are to be limited to once per week. Milk–based dessert may be served once per week. A dessert consisting of 50 percent fruit (fruited Jell–O, etc.) may be served once a week.
(g) Different fruits will be served once per meal. Whole fresh fruit in season shall be served at least once during each week. Canned fruit will be water packed or packed in its own juice.
2. Minimum grades for all foods shall be as follows:
(a) Beef: USDA Grade A choice
(b) Pork: USDA Number 1 (as defined in S R.A., No. 171, U.S. Standards and Grades of Pork Carcasses)
(c) Lamb USDA choice
(d) Poultry USDA Grade A to be used for all fresh or frozen poultry products. Necks, backs, and wings alone
shall not be used prior approval of the Project
Director or project designee. Reconstructed roll
products are not acceptable (optional).
(e) Variety meats: Grade No. 1 from USDA Government–inspected plants.
(f) Dairy products: Following is to be used as minimum specifications for all graded dairy products:
(1) Eggs, fresh USDA or State Graded A
(2) Cheese, USDA Grade A non–processed cheese
(3) Milk, low fat, shall be available
(g) Fish and seafood must be fresh or frozen and be a nationally distributed brand packed under continuous inspection of the U.S.
Department of Interior.
(h) Canned fruits and juices: USDA Grade A (Fancy) and Grade B (Choice) are to be used for all graded fruits and fruit juices. Grade C (Standard) may be used for pie and cobbler products only. (i) Fresh fruits: USDA Fancy to USDA No. 1 to be used for all graded fresh fruits as a minimum standard.
(j) Fresh vegetables: USDA Fancy and No. 1 to be used for all graded fresh vegetables as a minimum standard.
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ATTACHMENT 1
(k) Frozen fruits and vegetables: USDA Grade A is to be used for all graded frozen fruits and vegetables as a minimum standard.
3. Meal Component/Nutrient Analysis
(a) A meal component /nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be completed in compliance with OAA, Section 339, and California Regulations, Title 22, Division 1.8, Chapter 4, Article 5, Section 7638.5.
Computerized Nutrient Analysis Requirements:
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, providers 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. Nutrition programs for the elderly should focus on:
Vitamin A
Vitamin C
Protein
Fat
Sodium
Fiber
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.
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 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 244 of 348 AGREEMENT NO. 25–31
ATTACHMENT 1
one third of the Dietary Reference Intakes, the menus should also follow the Dietary Guidelines for Americans.
(b) Menu cycle shall be analyzed on a regular basis and documentation maintained for County review.
G. Supplies Specification Procedures
The Subcontractor shall provide disposable table service based upon the supplies specification included. These supplies shall be ordered and delivered weekly at each site. A minimum of one week’s supply on hand at all times. The Contractor shall supply order forms and monitor supply usage.
The Subcontractor shall furnish, as part of supplies, the cleaning and other miscellaneous supplies (see Supplies Specification Sheet). These supplies will be ordered as needed. The Contractor shall supply order forms and monitor supply usage. (This is subject to negotiation.)
EVALUATION OF SUBCONTRACTOR
The Contractor and centralized dietary services dietitian shall evaluate the Subcontractor's performance to determine if the Agreement is in compliance in meeting requirements. All evaluations must be sent to the County nutritionist.
RECEIPTS AND INVOICES PROCEDURES
A. The Subcontractor shall issue daily delivery receipts to each site.
B. After the close of each week, the Subcontractor will furnish to the program an invoice of meals ordered by the program, the previous week. The Contractor will pay such invoices for the prior week within 30 days after receipt of same invoice or as agreed between the Contractor and Subcontractor.
DEDUCTION PROCEDURE
A. The Subcontractor shall deliver meals that meet Title III–C menu regulations. If the Subcontractor fails to deliver all menu items or appropriate substitute items and/or the program rejects food, the Subcontractor shall be reimbursed as outlined in Section 4, "Meal Standards."
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 245 of 348
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 13
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–32 WITH LIFESTYLE MANAGEMENT SOLUTIONS TO PROVIDE NUTRITION EDUCATION SERVICES FOR THE CITY’S SENIOR
CITIZEN NUTRITION PROGRAM
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–32 with Lifestyle Management Solutions to provide nutrition education services for the City's Senior Citizen Nutrition Program.
BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS–PG) to provide a three year Elderly Nutrition Program (ENP) for participants aged 60 and over. The ENP requires the delivery of nutrition education from a registered dietician for participants, volunteers and staff. Approval of an amendment to that agreement with DAAS–PG that includes a one–year extension is also on the agenda for this Council meeting.
If approved, Lifestyle Management Solutions will be responsible for providing nutrition education services, including: monitoring the site for safe food handling and sanitation practices of facilities; providing input, reviewing, and approving the Nutrition Education Plan for staff and participants; providing nutrition education a minimum of four (4) times per year for food service staff (paid and volunteers) and participants; and providing technical support and assistance as needed.
Lifestyle Management Solutions is led by Gina Crome. Gina has earned a Master of Public Health and a Master of Science in Clinical Psychology. In addition, Gina is a Registered Dietitian, Certified Health Coach, Certified Behavior Change Specialist, and Certified Personal Trainer. With nearly twenty years of experience in the health field, Gina possesses the skills and experience needed to fulfill the contract requirements.
The City had previously attempted to obtain quotes from other qualified organizations; however, at that time only one organization responded that they were interested with a quote that was well above the grant funded budget level. Lifestyle Management Solutions provided services to the City during the 2024–2025 fiscal year.
FISCAL IMPACT: There will be no cost to the General Fund as a result of this agreement to provide nutrition education services. The cost of nutrition education services, $3,000, will be grant funded under Agreement No. 22–57 with DAAS. The term of agreement 25–32 is July 1, 2025 – June 30, 2026.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–32 with Lifestyle Management Solutions to provide nutrition education services for the City's Senior Citizen Nutrition Program.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 246 of 348 Agreement No. 25–32
1 CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
HUMAN SERVICES – NUTRITION EDUCATION AND TRAINING
THIS AGREEMENT is made and effective as of July 1, 2025 between the City of Montclair, a municipal corporation (“City”) and Lifestyle Management Solutions, a California sole proprietorship (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2025 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2026 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, competently and to the best of his/her ability, experience and talent, 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.
4. CITY MANAGEMENT
City’s Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director 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 quarterly, 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. This amount is subject to receipt of grant funding and shall not exceed $3,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
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2 (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. Any additional work in excess of this amount shall be approved by the City Council.
(c) 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 of value to the City.
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 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 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 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 248 of 348 Agreement No. 25–32
3 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. 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 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, 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 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 249 of 348 Agreement No. 25–32
4 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 Consultants, subconsultants/subcontractors 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 subconsultants/subcontractors, 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) Subconsultants/subcontractors 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 Subconsultant, Subcontractor, 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 Subconsultant, Subcontractor 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 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, subconsultants 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.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 250 of 348 Agreement No. 25–32
5 (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
(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) 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 $100,000 for bodily injury and property damage, each accident. If Consultant 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.
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6 (2) Workers’ Compensation: If applicable, 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.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
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 performance of the Contract. 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 consultant
4. Exclude “Third–Party–Over Actions”
5. Contain any other exclusion contrary to the Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:
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.
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7 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.
(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 or benefits to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at his/her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients.
(4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.
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8 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 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.
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9 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 covenants that neither he/she nor any office 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.
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: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Lifestyle Management Solutions
30350 Via Brisa
Temecula, CA 92592
17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Gina Crome, shall perform the services described in this Agreement.
Consultant’s responsible employee may use assistants, under her direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of the responsible employee MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 255 of 348 Agreement No. 25–32
10 from Consultant’s employ. Should she leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
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. 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.
22. 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.
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11 23. ELDERLY ABUSE
In accordance with the State of California – Health and Human Services Agency requirements, Consultant and its employees shall comply with and return completed copies of Exhibit C, Statement Acknowledging Requirement to Report Suspected Abuse of Dependent Adults and Elders (SOC 341A).
24. 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.
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 Gina M. Crome, Owner
Attest:
By:
Andrea Myrick, City Clerk
Approved as to Form:
By:
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 257 of 348 Agreement No. 25–32
12 EXHIBIT A
During the term of this Agreement and in accordance with Title 22, Division 1.8 of the California Department of Aging Regulations and Section 2 above, CONSULTANT shall provide the services described below:
a) At a minimum, quarterly monitor the City of Montclair’s Senior Nutrition site for safe food handling and sanitation practices.
b) Develop or review and approve the cycle menus unless provided and signed by RD of approved caterer between February to April 2026. City must submit to the County in May 2026.
c) Plan, organize and conduct Nutrition Education a minimum of four (4) times per fiscal year for food service staff (paid and volunteer) and participants in congregate meal programs.
i. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials. Training sessions shall be evaluated by those receiving the training.
ii. Nutrition Education shall be based on the particular need of congregate meal participants. An annual Needs Assessment shall be performed by the City to make this determination.
iii. Nutrition Education sessions must be reported monthly to the County (DAAS–PG) using the Nutrition Education Monthly Service Unit Report. d) Since the Staff Training/Nutrition Education Plan and annual Needs Assessment must be submitted by the City of Montclair to DAAS–PG by mid–July, Consultant shall be required to support that timeline accordingly. e) Provide technical support and assistance as needed.
Nutrition Education Units of Service:
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: 500 Number of Unduplicated Clients to be served annually: N/A MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 258 of 348 Agreement No. 25–32
13 EXHIBIT B
Payment Schedule
Month Amount
September, upon completion of quarterly visit $750.00
December, upon completion of quarterly visit $750.00
March, upon completion of quarterly visit $750.00
June, upon completion of quarterly visit $750.00
Total $3,000.00
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14 EXHIBIT C
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15 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 261 of 348 Agreement No. 25–32
16 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 262 of 348
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 14
FILE I.D.: HSV100
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–33 WITH NEIGHBORHOOD HOUSING
PARTNERSHIP SERVICES FOR ADMINISTRATION AND IMPLEMENTATION OF THE
OLDER ADULTS HOME MODIFICATION PROGRAM, SUBJECT TO ANY REVISIONS
DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to approve Agreement No. 25–33 with Neighborhood Housing Partnership Services (NPHS) for administration and implementation of the Older Adults Home Modification Program (OAHMP), which would be funded through a grant from the U.S. Department of Housing and Urban Development (HUD). The program would include outreach, application assistance and processing, eligibility verification, home assessments, development of modification plans, contractor oversight, and grant compliance management.
A copy of proposed Agreement No. 25–33 with Neighborhood Housing Partnership Services is attached for City Council review and consideration BACKGROUND: The City of Montclair is committed to supporting its senior residents to live safely and independently in their own homes. The Older Adults Home Modification Program (OAHMP) is a U.S. Department of Housing and Urban Development (HUD) initiative that provides funding to assist low– and moderate–income elderly homeowners with necessary home modifications to reduce fall risks, improve safety, and increase accessibility, thereby enabling them to age in place. The City of Montclair successfully secured an OAHMP grant to serve its eligible senior population.
To effectively manage and implement this grant–funded program, specialized expertise in housing services, grant administration, and community outreach is required. City staff has identified a need to partner with an experienced organization to ensure the program's success and compliance with all HUD regulations.
ADMINISTRATION OF OLDER ADULTS HOME MODIFICATION PROGRAM AND
RELATED SERVICES
Staff identified Neighborhood Housing Partnership Services (NPHS) as a well–qualified non–profit organization with extensive experience in administering housing assistance programs, including home repair and modification services for vulnerable populations.
NPHS has a proven history of serving communities throughout the Inland Empire and has previously collaborated with the City of Montclair in overseeing the City of Montclair’s Redevelopment Agency Mortgage Assistance Program from 2000–2012, after which the state dissolved community redevelopment agencies.
NPHS has a strong understanding of HUD grant requirements and possesses the infrastructure to manage client intake, contractor coordination, and financial oversight for programs of this nature.
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 263 of 348 Proposed Agreement No. 25–33 includes the full scope of services to be provided by NPHS. The key services covered by the proposed Agreement include the following:
Program Outreach and Application Intake: Develop and implement strategies to inform eligible seniors about the OAHMP and manage the application process. Eligibility Verification and Assessment: Verify applicant income and other HUD– mandated eligibility criteria. Conduct comprehensive home assessments to identify necessary safety and functional modifications, often involving licensed Occupational Therapists or Certified Aging–in–Place Specialists. Modification Plan Development and Contractor Oversight: Develop individualized home modification plans. Solicit bids, select qualified and licensed contractors, and oversee the completion of modification work to ensure quality and compliance.
Grant Administration and Reporting: Manage program finances, ensure adherence to all HUD grant requirements, and provide regular progress reports to the City.
Neighborhood Housing Partnership Services
Neighborhood Housing Partnership Services is a non–profit community development organization dedicated to building resilient communities. Since its inception, NPHS has provided a wide array of housing and financial solutions, including homebuyer education, lending, and neighborhood revitalization projects. NPHS has significant experience in administering local, state, and federal grant programs aimed at assisting low– and moderate–income individuals and families, including seniors. Their expertise in program management and direct service delivery makes them well–suited to administer the City’s OAHMP grant.
FISCAL IMPACT: Proposed Agreement No. 25–33 would authorize staff to retain the services of Neighborhood Housing Partnership Services. Costs associated with the implementation and administration of the grant would be roughly $924,190 over a three–year period, which includes direct administrative costs for the program of $530,350.
The total cost for these services will be fully funded by the City of Montclair's Older Adults Home Modification Program grant awarded by the U.S. Department of Housing and Urban Development. Initial costs associated with implementation and administration of the grant would be payable from the Economic Development Agency Assets Funds.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–33 with Neighborhood Housing Partnership Services for administration and implementation of the Older Adults Home Modification Program, subject to any revisions deemed necessary by the City Attorney.
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