Agenda packet — Mayor and City Council, September 2, 2026 (part 7 of 8)

BILLING
Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Upon signature, Contractor assures that all product(s) and/or service(s) referenced herein meet the terms and conditions of the Contract and understands that NASPO ValuePoint reserves the right to audit Contractor for compliance in accordance with the terms and conditions of the Contract. NASPO ValuePoint also reserves the right (a) to request additional information with respect to the product(s) and/or service(s) throughout the life of the Contract if in the best interest of NASPO ValuePoint.

Contract Vendor:

BY: _____________________________
NAME: _____________________________
TITLE: _____________________________
DATE: _____________________________
NASPO ValuePoint
BY: _____________________________
NAME: _____________________________
TITLE: _____________________________
DATE: _____________________________
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NASPO ValuePoint Wireless Data, Voice and Accessories
Product Add Request
0$Attachment N New Product Request Log

Page 1 of 1 ends

ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR:__________________________
Contact Name and Email (for questions):__________________________________ DATE:__________________
DATE

SUBMITTED
ACTION REQUESTED: DATE

APPROVED
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DϭϳϲͲϭWireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement DϭϳϲͲϭ
Attachment S
Wireless Data, Voice and Accessories
Security Disclosure Statement
A. Purchasing entities are concerned about the security and privacy of information and data related to the performance of this contract. The type of data and information transmitted, stored and processed by the products and services will vary based on the purchasing entities requirements. As a result, it is not possible to establish a single set of of security requirements all products and services awarded under this contract must meet. Each purchasing entity purchasing from this contract will determine which products and services have the appropriate cyber security and data controls in place to meet their specific needs. To assist public entities each offeror must submit a Security Disclosure Statement with their proposal.

B. To qualify for any award under this contract, the Offeror must submit a Security Disclosure Statement addressing all of the elements listed below. i. In responding, Offeror must address not only the security mechanisms used by the bidder and its direct subsidiaries, but any partners, subcontractors or other 3rd parties who would be involved in implementing, operating, or in any way coming into contact with the service
ii. Offeror must represent and warrant the accuracy and currency of the information on the completed statement. Offerors are encouraged to complete and submit both exhibits to Attachment D to their proposal.

C. Security Disclosure Statement information required. Offeror shall describe all policies, procedures, measures, methods, certifications and standards the offered product and/or service has in place to protect the purchasing entities security and privacy of information and data involved in the performance of this contract for each numbered statement below. Description responses shall also include; i. If for the specific product or service offered, the numbered security statement is not appropriate because it does not as a matter of accepted DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 911
DϭϳϲͲϭ Wireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement security practice related to the product or service offered, the offeror shall indicate in a statement that it is not applicable and briefly explain why.
ii. If the specific product or service offered does not comply with the the numbered statement, the offer shall indicate, “does not comply. 1) Methods and measures taken to hold, protect, and dispose of data during and following completion of any contract services. Include how access to a Purchasing Entity’s user accounts or data will not be allowed, except in the course of data center operations, response to service or technical issues, as required by the express terms of the Master Agreement, the applicable Participating Addendum, and/or the applicable Service Level Agreement. 2) Security measures to secure and protect the confidentiality of information and data that is obtained, created, stored, transmitted, processed or otherwise held or managed by the product or service during the performance of all work related to performance of this contract. Include all data confidentiality standards and practices that prevent the exposure to unauthorized personnel, but also managing and reviewing access that administrators have to stored data.
3) Data encryption methods and standards in place to encrypt data at rest and in transit. This includes but is not limited to, encryption standards employed to protect data in transit over either wired or wireless (e.g. cellular, Wi-Fi, or other), and how that might change over the life of the contract.
4) Measures to protect Information about the cost, type, quantity and location of state communications facilities, system assets, plans, procedures, contract information, billing information and other information identified as sensitive by the purchasing entity related to the performance of all work under this contract.
5) Risk and policy management and enforcement measures in place to protect the security of physical assets and information. 6) How distributed access is controlled and managed across IT assets, including data, applications, networks and platforms within the solution. 7) Security management in place to secure data and applications, including threats from outside the service center as well as other customers co-located within the same service center.
8) Describe the logging process including:
a. The types of services and devices
logged, b. The event types logged, and
c. The information fields will be made available to the authorized Purchasing Entity if requested in their PA after award of the master agreement.
9) Security Technical Reference Architectures are in place regarding Offerors employees who have access to sensitive data.

DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 912
DϭϳϲͲϭ Wireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement 11) An itemized list of all cyber security standards and, security certifications in place that the products and service offered comply with to ensure appropriate controls and data confidentiality are in place, as well as those in process at time of response. Specifically include HIPAA, FERPA, CJIS Security Policy, PCI Data Security Standards (DSS), IRS Publication 1075, FISMA, NIST 800-53, NIST SP 800- 171, FIPS 200 and FedRAMP (Moderate, High) if they apply. Include detailed response on how security standards and certifications will be maintained and updated to meet best practices for maintenance and operations.
12) A detailed list of all third-party attestations, security credentials and certifications, and reports relating to data security, integrity, and other controls in place.
13) NIST Cybersecurity Framework, April 16, 2018,Version 1.1 https://doi.org/10.6028/N IST .CSWP.04162018: Describe how the offeror is prepared to utilize the NIST Cybersecurity Framework for Turnkey Internet of Things, Other Turnkey Wireless, Applications and Services (Category 3) and Wireless Transport Options (Category 4) as may be implemented by the Purchasing Entity, which may include, but is not limited to:
a. Convey the purchasing entities’ cyber security requirements, b. Identify Functions, Categories, Subcategories, and Informative References that describe specific cybersecurity activities will provide in the Offerors’s system, products or services under contract with the Purchasing Entity,
c. Communicate cyber security requirements through Cyber Supply Chain Risk Management (SCRM), and
d. Other cybersecurity risk management activities of Offeror’s system, products or services under contract with the purchasing entity. 14) NIST Cybersecurity Framework, Table 2 Framework Core: For each subcategory of the all 15 Categories of the NIST Cybersecurity Framework, list the specific standards and certifications, the products or services offered comply with at the time or your proposal. Categories Include:
a. Asset Management (ID.AM): The data, personnel, devices, systems, and facilities that enable the organization to achieve business purposes are identified and managed consistent with their relative importance to organizational objectives and the organization’s risk strategy.
b. Business Environment (ID.BE): The organization’s mission, objectives, stakeholders, and activities are understood and prioritized; this information is used to inform cybersecurity roles, responsibilities, and risk management decisions.
c. Governance (ID.GV): The policies, procedures, and processes to DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 913
DϭϳϲͲϭ Wireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement manage and monitor the organization’s regulatory, legal, risk, environmental, and operational requirements are understood and inform the management of cybersecurity risk.
d. Risk Assessment (ID.RA): The organization understands the cybersecurity risk to organizational operations (including mission, functions, image, or reputation), organizational assets, and individuals.
e. Risk Management Strategy (ID.RM): The organization’s priorities, constraints, risk tolerances, and assumptions are established and used to support operational risk decisions.
f. Supply Chain Risk Management (ID.SC): The organization’s priorities, constraints, risk tolerances, and assumptions are established and used to support risk decisions associated with managing supply chain risk. The organization has established and implemented the processes to identify, assess and manage supply chain risks. g. Identity Management, Authentication and Access Control (PR.AC):

Access to physical and logical assets and associated facilities is limited to authorized users, processes, and devices, and is managed consistent with the assessed risk of unauthorized access to authorized activities and transactions.
h. Awareness and Training (PR.AT): The organization’s personnel and partners are provided cybersecurity awareness education and are trained to perform their cybersecurity related duties and responsibilities consistent with related policies, procedures, and agreements.
i. Data Security (PR.DS): Information and records (data) are managed consistent with the organization’s risk strategy to protect the confidentiality, integrity, and availability of information.
j. Information Protection Processes and Procedures (PR.IP): Security policies (that address purpose, scope, roles, responsibilities, management commitment, and coordination among
organizational entities), processes, and procedures are maintained and used to manage protection of information systems and assets. k. Maintenance (PR.MA): Maintenance and repairs of industrial control and information system components are performed consistent with policies and procedures.
l. Protective Technology (PR.PT): Technical security solutions are managed to ensure the security and resilience of systems and assets, consistent with related policies, procedures, and agreements.
m. Anomalies and Events (DE.AE): Anomalous activity is detected and DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 914
the potential impact of events is understood.
n. Security Continuous Monitoring (DE.CM): The information system and assets are monitored to identify cybersecurity events and verify the effectiveness of protective measures.
o. Detection Processes (DE.DP): Detection processes and procedures are maintained and tested to ensure awareness of anomalous events.
p. Response Planning (RS.RP): Response processes and procedures are executed and maintained, to ensure response to detected cybersecurity incidents.
q. Communications (RS.CO): Response activities are coordinated with internal and external stakeholders (e.g. external support from law enforcement agencies).
r. Analysis (RS.AN): Analysis is conducted to ensure effective response and support recovery activities.
s. Mitigation (RS.MI): Activities are performed to prevent expansion of an event, mitigate its effects, and resolve the incident. t. Improvements (RS.IM): Organizational response activities are improved by incorporating lessons learned from current and previous detection/response activities.
u. Recovery Planning (RC.RP): Recovery processes and procedures are executed and maintained to ensure restoration of systems or assets affected by cybersecurity incidents.
v. Improvements (RC.IM): Recovery planning and processes are improved by incorporating lessons learned into future
activities.
w. Communications (RC.CO): Restoration activities are coordinated with internal and external parties (e.g. coordinating centers, Internet Service Providers, owners of attacking systems, victims, other CSIRTs, and vendors).
15) Data Breach/Incident policies and procedures regarding notification to both the purchasing entity of a security incident and/or data breach, as defined in this RFP, and the mitigation of such a breach. Include how proposer will work with Purchasing Entities before, during, and after a Security Incident and a Data Breach. Include information such as:
a. Personnel who will be involved at various stages, include detail on how the Contract Manager will be involved;
b. Response times;
c. Incident levels;
d. Processes and timelines;
e. Methods of communication and assistance; and
f. Other information vital to understanding the service you provide.

Provider should take into consideration that Purchasing Entities may have different DϭϳϲͲϭWireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 915
DϭϳϲͲϭWireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement notification requirements based on applicable laws and the categorization type of the data being processed or stored.
16) Method for compliance with all applicable laws related to data privacy and security including state Security Breach Notification Laws dealing with personally identifiable information (PII). Describe any legal obligations related to security the offeror will meet over the life of the contract and describe how offeror will report changes to these obligations to the public entity.

D. Any Turnkey Internet of Things, Other Turnkey Wireless system that incorporates SaaS, IaaS or PaaS or other cloud computing element shall complete, provide, and maintain a completed CSA STAR Registry Self-Assessment for that element. 2 < https://cloudsecurityalliance .org/st ar/self-assessment /#_ overview . Offeror must either submit a completed Consensus Assessments Initiative Questionnaire (CAIQ), or submit a report documenting compliance with Cloud Controls Matrix (CCM) that the CAIQ is based on for the element that cloud based.

As a partner in the DHS National Critical Infrastructure Communications Sector, T-Mobile is required to maintain high standards of security compliance, the details of which are not publicly disclosed for purposes of national security.

T-Mobile can provide a general statement of compliance for the required numbered security statements, and may be able to respond with further detail under special conditions.

As a general statement, T-Mobile is compliant with the current version of the NIST Cybersecurity Framework as further described below:

T-Mobile follows best practice security standards and guidelines in alignment with the NIST Cyber Security Framework, which specifies the following functional domains including 1) Identification, 2) Protection, 3) Detection, 4) Response, and 5) Recovery. Additionally, ISO 27001:2013 Information Security Management System and other applicable industry recognized frameworks are utilized.

T-Mobile has multiple physical and environmental policies and programs in place. Due to their sensitive nature, T-Mobile can not divulge all of our security methods and practices, but an example of some of the security measures are listed below:
• Cell Sites: Exterior fence with lock; building doors with locks; doors alarmed • Switch Sites: Building doors with locks / require card-key access • Data Centers: Building doors with locks / require card-key access; video surveillance systems. All visitors are required to sign in and out of T-Mobile locations and to wear Visitor badges requiring escorts.

Due to their sensitive nature, we can’t divulge all of our security methods and practices.

However, we can disclose the following:
• T-Mobile requires up-to-date anti-virus software installed on all corporate computers and configured to scan them. This software cannot be disabled by the end user. Data is stored in an encrypted format on all computers. T-Mobile servers are backed-up on a regular basis, including storing encrypted data in off-site locations. Data backup intervals vary. Devices processed by our Business Operations groups are always flashed and wiped. This includes devices returned to the distribution centers within our warranty period. Corporate devices are built according to a standard security configuration.
• T-Mobile has a formalized and documented Change Management policy. Changes are formally documented and requests are reviewed by the Change Control Board to ensure they meet business needs, are technically correct, and won’t adversely affect services. Only changes approved by the Change Control Board are permitted (with the exception of changes required to remedy a service outage). Managers responsible for the system operations monitor those systems for unauthorize d changes to their environment. Configuration management policy states that all proposed configuration changes must be because of a business need; be verified in the lab environment; and follow Change Management procedures for introduction DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 917
DϭϳϲͲϭ Wireless Data, Voice and Accessories RFP Attachment S: Security Disclosure Statement into the production networks.
• All network traffic is monitored. We have network intrusion detection systems and monitoring capability in place with corresponding Incident Response Procedure that specifies actions to take upon notification of a security event. Our vulnerability scanning system is integrated within the Engineering networks with twice -monthly scanning done. If vulnerabilities are found, they are reported to the appropriate system owners. To ensure vulnerabilities have been addressed, follow-up testing is conducted.
• T-Mobile requires segregation of duties, which includes prohibiting individuals from approving their own access and requiring management-level approval of all access, as well as reviewing and validating access requests. T-Mobile has a formal wireless access policy mandating a standardized secure level of authentication and encryption.

Category (subcategory) Yes No Regional
Award?
Category 1: Wireless Voice and Data N/A
Category 2: Wireless Accessories and Equipment N/A
Category 3: Turnkey Wireless Solutions (Check this if any subcategories below)
Category 3: Subcategory A: Fleet Management
Category 3: Subcategory C: Mobile Integration/Mobile Substitution Solutions
DocuSign Envelope ID: E92D1967-A322-489B-A040-566E50455EE5 DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Packet Page. 920
PARTICIPATING ADDENDUM # PA-2022-WDV-TMUS

UNDER THE
STATE OF UTAH COOPERATIVE CONTRACT #MA176
(NASPO VALUEPOINT WIRELESS DATA, VOICE, AND ACCESSORIES) PARTICIPATING ENTITY: STATE OF CALIFORNIA
This Participating Addendum, including the attached Appendix A and Appendix A-1 (the “PA”) is made on ___________the “PA Effective Date”), between the State of California, California Department of Technology (“Participating Entity” or “State”), and T-Mobile USA, Inc. (“Contractor”) (Participating Entity and Contractor are, at times, referred to individually as a “Party” or together as the “Parties”).

Section 1. Recitals

1.1 The Contractor and the State of Utah, acting through its Department of Administration, Purchasing Division, individually and on behalf of the NASPO ValuePoint, a division of the National Association of State Procurement Officials (“NASPO”), are parties to the State of Utah Cooperative Contract #MA176 (NASPO ValuePoint Wireless Data, Voice, and Accessories) dated July 1, 2019, as amended (the “Master Agreement”).

1.2 Participating Entity wants to participate in the Master Agreement pursuant to the terms and conditions of the PA.

1.3 The term of this PA begins on the PA Effective Date through May 22, 2023 with two (2), two-year options to extend at the State’s sole discretion.

Notwithstanding the foregoing, the term of this PA will automatically terminate upon the termination or expiration of the Master Agreement.

Section 2. Agreement
In consideration of the recitals set forth in §1 above, which are hereby re-stated and agreed to by the Parties, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, Participating Entity and the Contractor hereby agree to the terms and conditions of the PA. The Master Agreement and the PA, together with all valid Purchase Orders submitted to the Contractor by an Authorized Purchasing Entity, together constitute the “CA Agreement”. Unless otherwise defined, capitalized terms in the PA have the meanings ascribed to them in the Master Agreement.
01/26/22
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Section 3. Authorized Purchasing Entities
The State hereby designates the following as Authorized Purchasing Entities under the CA Agreement: Local government entities defined as any city, county, city and county, district or other local governmental body empowered to expend public funds for the acquisition of goods. Additional qualifying entities include those that are either (i) entirely 100% tax supported, (ii) a local governmental entity with a Joint Powers Agreement (JPA), or (iii) a Federally recognized Indian Tribe. State agencies or other state entities are not Authorized Purchasing Entities. “Authorized Purchasing Entities” also may be referred to as “Purchasing Entities” for purposes of the CA Agreement.

Each Authorized Purchasing Entity placing an Order under this PA will be treated as if it was an individual customer. Except to the extent modified in this PA, each Authorized Purchasing Entity will be responsible for compliance with the terms and conditions of the Master Agreement. Each Authorized Purchasing Entity will be responsible for its own charges, fees and liabilities. Each Authorized Purchasing Entity will have the same rights to any indemnity or to recover any costs allowed in the Master Agreement for its purchases; and Contractor will apply the charges to each Authorized Purchasing Entity individually. Each Authorized Purchasing Entity agrees to the terms of this PA, including the disclosure of limited account information (including the name, address, email and phone number of each Authorized Purchasing Entity’s authorized/designated purchasing agent(s)) as part of the contractual reporting requirements to NASPO ValuePoint and/or the Participating Entity, for purposes of monitoring the contract and calculating the administrative fee.

Section 4. Purchase Orders
Except as set forth herein, Purchase Orders must reference both Master Agreement #MA176 and the PA number to be valid. Upon acceptance of any such valid Purchase Order, the corresponding Authorized Purchasing Entities will be bound by the terms and conditions of the CA Agreement including, without limitation, the obligation to pay the Contractor for Services and related Products provided. Notwithstanding the foregoing, any Purchase Order submitted that does not properly reference the Master Agreement number and/or the PA may be accepted, at the Contractor’s sole discretion, if the Contractor can reasonably ascertain that such Purchase Order was properly authorized and intended for use with the PA. In such instances, the corresponding Purchase Order will be similarly valid and binding. The terms and conditions of the CA Agreement will not be modified or superseded by any terms and conditions in Packet Page. 922
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any Authorized Purchasing Entity-generated Purchase Order. Purchase Orders will have no force or effect other than to denote quantity, the products or services purchased, delivery destinations, requested delivery dates and any other information required by the CA Agreement.

Section 5 Primary Contacts
Participating Entity (State): California
Department of Technology
Contractor:

Name Vaibhav Srivastava David Bezzant
Title Contract Manager Vice President,
T-Mobile for Government
Address P.O.BOX 1810, MS 12 Rancho
Cordova, CA 95741
c/o T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Telephone (916)460-9818 (425) 383-4000
Email [email protected]
and [email protected]
[email protected]
Section 6. Notice of Administrative Fees
The following charges are being paid by the Contractor under this PA.

6.1 California Department of Technology Administrative Fee Contract Fees to Participating Entity: The Contractor is being charged an Administrative Fee of 1.00% of all Authorized Purchasing Entities Total Wireless Spend, pursuant to the schedule of payments set forth in the Master Agreement. “Total Wireless Spend” for the Participating Entity’s state will be calculated (with respect to Participating Entity state sales only) in the same manner as set forth in Section 6 of Attachment A (NASPO ValuePoint Master Agreement Terms and Conditions) to the Master Agreement.

The Contractor shall submit a check payable to the California Department of Technology, Accounting, P.O. Box 1810, MS Y06, Rancho Cordova, CA 95741 for the calculated administrative fee. This fee shall be included as an adjustment to the Contractor’s NASPO ValuePoint pricing and not invoiced or charged to the Authorized Purchasing Entities for the use of this PA.

Section 7. Authority
By signing below, the corresponding Party’s representative represents that he or she is duly authorized by the Contractor or Participating Entity, as applicable, to execute the PA on behalf of the respective Party, and that the Contractor and Participating Entity agree to be bound by the provisions hereof. In addition, Packet Page. 923
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Participating Entity represents that it has received the requisite approvals from the applicable State authority and NASPO to participate in the Master Agreement.

Section 8. Entire Agreement
The Master Agreement and this PA set forth the entire agreement between the Parties with respect to its subject matter, and it supersedes all previous communications, representations or agreements, whether oral or written, with respect thereto.

IN WITNESS WHEREOF, the Parties have executed the PA as of the PA Effective Date.

T-Mobile USA, Inc. State of California
Signature: Signature:

Printed Name: David Bezzant Printed Name: Tiffany Angulo Title: Title:

Date Signed: Date Signed:

Signature:

Printed Name: Kevin Creed
Title:

Date Signed:

David Bezzant (Jan 21, 2022 17:57 MST)
David Bezzant
Vice President 01/21/22 Senior Director, Legal Affairs 01/26/22 Tiffany Angulo (Jan 26, 2022 09:48 PST) 01/26/22 Assistant Deputy Director Packet Page. 924
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Appendix A

1. General Provisions - Wireless Voice And Data Services For NASPO Participating Addendum For Local Government
This PA shall automatically incorporate by reference the General Provisions - Wireless Voice and Data Services for NASPO Participating Addendum for Local Government, which can be found attached hereto as Appendix A-1.

2. Reporting
The Contractor shall provide the following management reports to the State Contract Administrator as reasonably requested. The reports shall reflect the agency’s usage under the contract for the respective month/quarter. Reports shall be submitted in electronic format by email. Upon execution of the Purchase Order, the Authorized Purchasing Entities understand and agree that the Contractor may provide the State Customer Proprietary Network Information (CPNI) as part of Contractor’s reporting obligations under the Contract for purposes of administering the Participating Addendum.

Listed below are the management reports that shall be provided:
a) Usage Report (quarterly):

The Contractor shall submit a Usage Report for the Total Wireless spend of all Authorized Purchasing Entities on a quarterly basis by the 45th day of the first month of the new quarter. This report shall be reviewed by the State Contract Administrator and shall correlate with the Administration Fee. The Usage Report shall contain the same fields as Attachment H (NASPO ValuePoint Cooperative Contract Detailed Sales Report) of the Contractor’s Master Agreement.
b) Authorized Purchasing Entities Report (annually):

The Authorized Purchasing Entities Report shall be submitted to the State Contract Administrator annually by the 30th day of January. The report shall include the name of the Authorized Purchasing Entity, contact name, phone number and email address of the individual responsible for submitting purchase requests for each Authorized Purchasing Entity. This information will be used for the State Contract Administrator to communicate with the Authorized Purchasing Entity’s regarding Contract expiration and transition options.

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c) Custom Reports:

Authorized Purchasing Entities will have access to Contractor’s order and support portal, which provides a variety of reporting tools, including account management reports, invoicing reports, order reports, and usage reports.

3. CONTRACTOR’S WEBSITE
The Contractor shall provide a website for Authorized Purchasing Entities to manage accounts, get product information, and to order Products and Services.

The Contractor shall maintain, support and keep current a NASPO-specific contract website with current pricing, general contract information, and Contractor point of contact information.

4. LOCAL NUMBER PORTABILITY
Authorized Purchasing Entities may be able to transfer a Master Account User's Number to or from another provider with whom Contractor has a porting relationship in accordance with Contractor internal business policies.

5. OUT OF STOCK
The Contractor shall alert the Authorized Purchasing Entities at time of order, or within three (3) business days after order if a Product is out of stock or subject to backorder date for delivery. The Authorized Purchasing Entity has the option to cancel the Product and/or purchase another Product. Under no circumstances the Contractor will make unauthorized substitutions.

6. SHIPPED ORDERS
All deliveries shall be F.O.B. destination, freight pre‐paid, with all transportation and handling charges paid by the Contractor.

7. ORDER ACKNOWLEDGEMENT
The Contractor shall provide the Authorized Purchasing Entities (via self-service in the Contractor’s order and support portal) with an Order receipt acknowledgement within one (1) business day after receipt of Order. The Order receipt acknowledgement shall contain:
a) Product(s) and/or Service plan(s) purchased
b) Contractor order number
c) Customer name, as designated by the Authorized Purchasing Entity d) Bill to address
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e) Ship to address

8. SHIPMENT CONFIRMATION
The Contractor shall provide a shipment confirmation to the Authorized Purchasing Entity (via self-service in the Contractor’s order and support portal) on the day the Order is shipped. Shipment confirmation shall include, at a minimum:
a) Phone number for new lines, if applicable
b) Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI), or Mobile Equipment Identifier (MEID), if applicable c) Date shipped
d) Tracking number

9. DELIVERY SCHEDULES
Delivery for Orders placed against this CA Agreement shall be in accordance with the following:
a) Locations
Deliveries are to be made (statewide) to the location specified on the individual Purchase Order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks. b) Schedule
The Contractor shall make reasonable efforts to deliver in-stock Products within five (5) business days after order receipt acknowledgement.

10.PACKING SLIP INFORMATION
All shipped Orders shall include a packing slip (via self-service in the Contractor’s order and support portal) with the following information:
a) Customer name, as designated by the Authorized Purchasing Entity b) Ship-to address
c) Contractor Order number
d) Description of items

11.INVOICING
Invoice content will vary depending on the type of Service. Invoices shall include data as defined below for an Authorized Purchasing Entity to validate charges.

The Contractor’s Invoice shall include, at a minimum:
a) Contractor name, address, and telephone number
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b) Authorized Purchasing Entity Name
c) Invoice number
d) Invoice date
e) Account Number
f) Line-item description
g) Quantity purchased
h) Unit of measure
i) Unit Price
j) Total Non-recurring Charges (NRC)/Total One-Time Charges k) Total Recurring Charges (MRC)/Total Monthly Recurring Charges l) State sales and/or use tax
m) Total Adjustments
n) Total Charges
The Authorized Purchasing Entity’s obligation to make payment pursuant to the contract is subject to services completed and signed off by the Authorized Purchasing Entity and the availability of appropriation funds. Receipt of a Purchase Order under this Participating Addendum is proof of funds for that order.

12.WARRANTY
Equipment is covered by the manufacturer’s consumer warranty that will be passed through to the Customer. The Contractor shall provide manufacturer’s warranty information (terms and conditions, provider, etc.) to the Customer with all Equipment at the time of delivery. The Contractor shall work with the Customer to facilitate Equipment replacement.

13.DAMAGED, DEFECTIVE AND ITEMS SHIPPED IN ERROR
The Contractor shall provide credit and/or replacement for freight-damaged or defective Products within 48 hours after notification by the Authorized Purchasing Entity at no charge. This also includes incorrect Products shipped or an order entry error by the Contractor’s customer service representative. The Contractor cannot require the Authorized Purchasing Entity to deal directly with the manufacturer.

Additionally, the Contractor shall provide the Authorized Purchasing Entities with a prepaid and self-addressed container suitable for the return of the Products.

Authorized Purchasing Entities shall not be assessed restocking fees or any other fees for items trialed and then returned as unacceptable for any reason.

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14.ACTIVATIONS/TERMINATIONS/SUSPENSIONS AND ACCOUNT CHANGES a) Existing Equipment: The Contractor shall activate or suspend Service or make account changes on existing Product(s) and complete requested plan changes within 48 hours of notification by the Authorized Purchasing Entity. The Contractor shall provide the appropriate Authorized Purchasing Entity with an account change or suspension confirmation within 24 hours of a change or suspension request.
b) New Equipment: The Contractor shall allow for Service activation on new equipment promptly following delivery of equipment, excluding activations involving number portability.
c) Emergency Service Activation: In the event of emergency, i.e. State declaration of emergency during a disaster, the Contractor shall (subject to any force majeure rights available to Contractor) make commercially reasonable efforts to activate Products within 24 hours or less after request. d) Temporary Suspension and Reactivation: The Contractor shall suspend or reactivate lines within 48 hours of request. During periods of suspension, the line must not incur any charges and the wireless number must not change, provided that the suspension period does not exceed 90 consecutive calendar days or 180 total days in any year.

15.SERVICE PLAN CHANGES
There shall be no change fees or service plan term extensions when a subscriber changes service plans, unless expressly provided otherwise within the terms and conditions of the service plan(s).

16.PRODUCT RECALL
Authorized Purchasing Entities will be notified if a Master Agreement Product is affected by a product recall. The Contractor will provide notification and instructions on how to return or replace the Product.

17.ACCEPTANCE TESTING PERIOD
Inspection and acceptance will be in accordance with Section 15 of Attachment A (NASPO ValuePoint Master Agreement Terms and Conditions) to the Master Agreement.

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APPENDIX A-1
GENERAL PROVISIONS – WIRELESS VOICE AND DATA SERVICES
FOR

NASPO PARTICIPATING ADDENDUM FOR LOCAL GOVERNMENT
Revised 12/14/2021
Issued By:

STATE OF CALIFORNIA
California Department of Technology
Statewide Technology Procurement
P.O. BOX 1910
RANCHO CORDOVA, CA 95741
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1. DEFINITIONS 3

2. PURPOSE 5

3. PARTICIPATING ADDENDUM EFFECTIVE DATE 5

4. IRREVOCABLE OFFER 6

5. COMPLETE INTEGRATION 6

6. SEVERABLITY/SURVIVAL CLAUSE 6

7. INDEPENDENT CONTRACTOR 6

8. APPLICABLE LAW 6

9. COMPLIANCE WITH STATUTES AND REGULATIONS 7

10. CONTRACTOR’S POWER AND AUTHORITY 8

11. ASSIGNMENT 8

12. WAIVER OF RIGHTS 8

13. ORDER OF PRECEDENCE 9

14. SUBSTITUTIONS 9

15. SERVICE INTERRUPTIONS 9

16. ENHANCEMENT OF CELLULAR SERVICE 9

17. SAFETY AND ACCIDENT PREVENTION 9

18. INSURANCE 10

19. TERMINATION FOR THE CONVENIENCE OF THE STATE 10

20. TERMINATION FOR DEFAULT 11

21. RIGHTS AND REMEDIES FOR DEFAULT 11

22. LIMITATION OF LIABILITY 12

23. STATEMENT OF ECONOMIC INTERESTS 13

24. ACCESS TO FACILITIES/FACILITIES ACCESS POLICIES 13

25. USE AND ADVERTISING USE OF DATA 14

26. CONTRACTOR’S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY 14

27. INDEMNIFICATION 14

28. SERVICE TAXES, FEES, SURCHARGES, AND SURCREDITS 15

29. NEWLY MANUFACTURED EQUIPMENT 16

30. PARTICIPATING ADDENDUM MODIFICATION 17

31. NEWS RELEASES 17

32. SOFTWARE LICENSE 17

33. PROTECTION OF CONTRACTOR FURNISHED PROPRIETARY SOFTWARE AND OTHER PROPRIETARY DATA 17

34. FUTURE RELEASES 18
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35. ENCRYPTION & AUTHORIZATION KEYS 18

36. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY 18

37. EXAMINATION AND AUDIT 20

38. CONTINUING STANDARDS OF PERFORMANCE FOR CONTRACTOR SERVICES 22

39. AVAILABILITY 25

40. DISPUTES 25

41. STOP WORK 26

42. COVENANT AGAINST GRATUITIES 27

43. ASSIGNMENT OF ANTITRUST ACTIONS 27

44. RECYCLING 28

45. CHILD SUPPORT COMPLIANCE ACT 29

46. SET-OFF RIGHTS 29

47. CONTRACTOR PERSONNEL 29

48. CONTRACTOR BUSINESS RELATIONSHIP RESPONSIBILITY 31

49. PROVISIONING OF DELIVERABLES AND SERVICES 31

50. NEED FOR CONTRACTOR SERVICES DUE TO EMERGENCY 31

51. NON-EXCLUSIVE AGREEMENT 31

52. CHARGES 32

53. CONTRACTOR COMMITMENTS AND REPRESENTATIONS 32

54. SERVICE TO PUBLIC ENTITIES AND LOCAL GOVERNMENT AGENCIES 33

55. SERVICE COSTS 33

56. FEDERAL UNIVERSAL SERVICE FUND 33

57. EXISTING EQUIPMENT & TITLE TO EQUIPMENT 33

58. UNLAWFUL USE 34

59. DISENTANGLEMENT (MIGRATION-OUT) 34

60. SUBCONTRACTORS 36

61. SECURITY AND POLICIES 37

62. ELECTRONIC WASTE RECYCLING ACT OF 2003 38

63. USE TAX COLLECTION 38

64. EXPATRIATE CORPORATIONS 38

65. DOMESTIC PARTNERS 38

66. PRIORITY HIRING 38
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1. DEFINITIONS
The following terms shall be given the meaning shown below. "Application Program" means a computer program intended to be executed for the purpose of performing useful work for the user of the information being processed.

Application programs are developed or otherwise acquired by the user of the Hardware/Software system, but they may be supplied by the Contractor. "Authorized Purchasing Entities" means any Local government entities defined as any city, county, city and county, district or other local governmental body empowered to expend public funds for the acquisition of goods. Additional qualifying entities include those that are either entirely 100% tax supported, a local governmental entity with a Joint Powers Agreement (JPA), or a federally recognized Indian Tribe.

State agencies or other state entities are not Authorized Purchasing Entities. "Commercial Software" means Software developed or regularly used that: (i) has been sold, leased, or licensed to the general public; (ii) has been offered for sale, lease, or license to the general public; (iii) has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this Contract; or (iv) satisfies a criterion expressed in (i), (ii), or (iii) above and would require only minor modifications to meet the requirements of this Contract.
"CA Agreement" or “Contract” means the Master Agreement and the PA, together with all valid Purchase Orders submitted to the Contractor by an Authorized Purchasing Entity. "Contractor" means the business entity with whom the State enters into this Contract.

Contractor shall be synonymous with "supplier", "vendor" or other similar term. "Deliverables" means Equipment (including Cellular Equipment) Services, Software, Information Technology, Telecommunications, Hardware, Documentation and other items (e.g. reports) to be delivered pursuant to this Contract, including any such items furnished incident to the provision of Services.
"Documentation" means manuals and other printed materials necessary or useful to the Authorized Purchasing Entities in its use or maintenance of the Equipment or Software provided hereunder. Manuals and other printed materials customized for the Authorized Purchasing Entities hereunder constitute Work Product if such materials are required by the Purchase Order.
"Equipment" is an all-inclusive term which refers either to individual machines or to a complete data processing system including its Hardware and Operating Software (if any), and Cellular Equipment.

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"Equipment Failure" is a malfunction in the Equipment, excluding all external factors, which prevents the accomplishment of the Equipment's intended function(s). If microcode or Operating Software residing in the Equipment is necessary for the proper operation of the Equipment, a failure of such microcode or Operating Software which prevents the accomplishment of the Equipment's intended functions shall be deemed to be an Equipment Failure.
"Hardware" usually refers to computer Equipment and is contrasted with Software. See also equipment.
"Information Technology" includes, but is not limited to, all electronic technology systems and Services, automated information handling, System design and analysis, conversion of data, computer programming, information storage and retrieval, Telecommunications which include voice, video, and data communications, requisite System controls, simulation, electronic commerce and all related interactions between people and Machines.
“Maintenance" includes: (i) remedial maintenance performed by the Contractor or manufacturer as a of a result of Services, Equipment or Software failure, and which is performed as required, i.e. on an unscheduled basis; or (ii) maintenance performed on a scheduled basis by the Contractor or manufacturer and is designed to keep the Equipment and/or Software in proper operating condition. "Master Agreement" means the Contractor’s State of Utah Cooperative Contract (NASPO ValuePoint Wireless Data, Voice, and Accessories), and any amendments thereto.
"Operating Software" means those routines, whether or not identified as Program Products, that reside in the Equipment and are required for the Equipment to perform its intended function(s), and which interface the operator, other Contractor-supplied programs, and user programs to the Equipment.
"Participating Addendum" or “PA” means the Participating Addendum under the NASPO ValuePoint Wireless Communication Services and Equipment to which these General Provisions are attached and into which these General Provisions are incorporated. “Purchase Order” has the meaning given to it in the Master Agreement. "Services" means any and all Services, including cellular Services required to be performed by the Contractor pursuant to Contract.
"Software" means an all-inclusive term which refers to any computer programs, routines, or subroutines supplied by the Contractor, including operating software, Programming Aids, Application Programs, and Program Products.

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"Software Failure" means a malfunction in the Contractor-supplied Software, other than Operating Software, which prevents the accomplishment of work, even though the Equipment (including its Operating Software) may still be capable of operating properly.

For Operating Software failure, see definition of Equipment Failure. "State" means the government of the State of California, its employees and authorized representatives, including without limitation any department, agency, or other unit of the government of the State of California.
"System" means the complete collection of Hardware, Software and Services as described in this Contract, integrated and functioning together, and performing in accordance with this Contract.
"Telecommunications" means to include all Hardware, Software and Service components involved in the secure, efficient and reliable delivery of analog and digital data streams to and/or from government ‘end systems’. Examples of the components that comprise a Telecommunications System are communications links, routers, switches, multiplexers, transmitters, repeaters, and firewalls. The end systems which are interconnected via a telecommunications system include discrete hardware and software elements that accept analog or digital data streams for storage, processing or conversion to an end user. Examples of end systems are servers, telephones, video displays, and handheld computing devices.
“Telecommunications Service” means the providing, allowing, facilitating, or generating of any form of Telecommunication through the use of a Telecommunications device over a Telecommunications system.
“Telecommunications System” means systems, Services or components that: (i) Do not create data except for use by the Telecommunications system or systems used to monitor or manage the Telecommunications system. (ii) Do not store data except transiently for purposes related to network routing, performance optimization or error recovery. (iii) Do not delete or modify data except for purposes related to the reliability, efficiency and security of the Telecommunications Service.

2. PURPOSE
These General Provisions-Wireless Voice and Data Services are part of the Participating Addendum (“PA”) entered into between the State and the Contractor.

3. PARTICIPATING ADDENDUM EFFECTIVE DATE
The PA (including this Appendix A-1) signed by the Contractor shall not become effective until signed by the Department of Technology (“PA Effective Date”).

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4. IRREVOCABLE OFFER
From the date that the Contractor executes the PA (“Signing Date”) until such time as the State executes the PA (but in no event beyond 90 days after the Signing Date), and as such process is further described herein, the PA constitutes the irrevocable, firm offer by the Contractor to provide the Services to the Authorized Purchasing Entities for the charges in accordance with the PA. The PA shall not be binding or of any legal force or effect on the State until the authorized execution of the PA by the California Department of Technology, as provided in Section 3 (Participating Addendum Effective Date).

5. COMPLETE INTEGRATION
The PA, including any documents incorporated herein by express reference (including the Master Agreement referenced in the PA), is intended to be a complete integration and there are no prior, contemporaneous, different, or additional agreements pertaining to the subject matter of the PA.

6. SEVERABLITY/SURVIVAL CLAUSE
If any provision of the PA is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the PA shall remain in full force and effect.

7. INDEPENDENT CONTRACTOR
The Contractor and the agents and employees of the Contractor, in the performance of the PA, shall act in an independent capacity and not as officers or employees or agents of the State or any Authorized Purchasing Entities.

8. APPLICABLE LAW
a) The PA shall be governed by and interpreted in accordance with the laws of the State of California; venue of any action brought with regard to this PA shall be in Sacramento County, Sacramento, California. Each party irrevocably submits to the sole and exclusive jurisdiction of the courts in Sacramento County, Sacramento California. To the extent Services in the PA are subject to the jurisdiction of the California Public Utilities Commission (CPUC), the CPUC shall have jurisdiction over the PA, and the PA and related Services may be subject to modification from time to time as the CPUC may so order in the exercise of their lawful jurisdiction. The United Nations Convention on Contracts for the International Sale of Equipment shall not apply to the PA.
b) The Contractor, in conducting its business as required by the PA, shall comply with the Communications Act of 1934, as amended (including, but not limited to, the Telecommunications Act of 1996 and subsequent Acts), and as interpreted and Packet Page. 936
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applied by the applicable regulatory authorities and courts and any applicable rules, regulations and decisions of the Federal Communications Commission (FCC) and the CPUC.

9. COMPLIANCE WITH STATUTES AND REGULATIONS
a) The State, Authorized Purchasing Entities and the Contractor warrant and certify that in the performance of the PA, they will comply with all applicable statutes, rules, regulations and orders of the United States and the State of California. The Contractor agrees to indemnify the State and Authorized Purchasing Entities against any loss, cost, damage or liability by reason of the Contractor’s violation of this provision.
b) The State and Authorized Purchasing Entities will notify the Contractor of any such claim in writing and tender the defense thereof within a reasonable time; and c) The Contractor will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that: (i) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State and Authorized Purchasing Entities operations or liability, or when involvement of the State and Authorized Purchasing Entities is otherwise mandated by law, the State and Authorized Purchasing Entities may participate in such action at their own expense with respect to attorneys’ fees and costs (but not liability); (ii) where a settlement would impose liability on the State and Authorized Purchasing Entities, affect principles of California government or public law, or impact the authority of the State and Authorized Purchasing Entities, the Department of Technology shall have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State and Authorized Purchasing Entities will reasonably cooperate in the defense and in any related settlement negotiations.
d) To the extent that the PA falls within the scope of Government Code section 11135, the Contractor hereby agrees to respond to and resolve any complaint brought against the Contractor pursuant to this section.
e) In the event that any term or action required in the PA requires a regulatory filing, the Contractor shall make such filing and such action and/or term shall, to the extent applicable, be made effective pursuant to the rules of the FCC and/or the CPUC. To the extent applicable, the Contractor shall make the appropriate FCC filing in a timely manner with the rates being effective consistent with FCC requirements.

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f) In addition to the foregoing, the Contractor shall, after execution of the PA, make all necessary regulatory filings.

10.CONTRACTOR’S POWER AND AUTHORITY
a) The Contractor warrants that it has full power and authority to grant the rights herein granted and will hold the State and Authorized Purchasing Entities harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, the Contractor avers that it will not enter into any arrangement with any third party which might abridge any rights of the State and Authorized Purchasing Entities under the PA. b) The State and Authorized Purchasing Entities will notify the Contractor of any such claim in writing and tender the defense thereof within a reasonable time; and c) The Contractor will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that (i) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State and Authorized Purchasing Entities operations or liability, or when involvement of the State and Authorized Purchasing Entities is otherwise mandated by law, the State and Authorized Purchasing Entities may participate in such action at their own expense with respect to attorneys’ fees and costs (but not liability); (ii) where a settlement would impose liability on the State and Authorized Purchasing Entities, affect principles of California government or public law, or impact the authority of the State and Authorized Purchasing Entities, the Department of Technology will have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State and Authorized Purchasing Entities will reasonably cooperate in the defense and in any related settlement negotiations.

11.ASSIGNMENT
The PA shall not be assignable by the Contractor in whole or in part without the written consent of the State. The State’s consent shall not be unreasonably withheld or delayed.

For the purpose of this paragraph, the State will not unreasonably prohibit the Contractor from freely assigning its right to payment, provided that Contractor remains responsible for its obligations hereunder.

12.WAIVER OF RIGHTS
Any action (other than an express written waiver) or inaction by the State and Authorized Purchasing Entities or the failure of the State and Authorized Purchasing Entities on any occasion, to enforce any right or provision of the PA, shall not be construed to be a Packet Page. 938
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waiver by the State of its rights hereunder and shall not prevent the State and Authorized Purchasing Entities from enforcing such provision or right on any future occasion. The rights and remedies of the State and Authorized Purchasing Entities herein are cumulative and are in addition to any other rights or remedies that the State and Authorized Purchasing Entities may have at law or in equity.

13.ORDER OF PRECEDENCE
In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute the CA Agreement, the following order of precedence shall apply:
1) The PA including the General Provisions - Wireless Voice and Data Services. 2) The NASPO Master Agreement (Master Agreement), and any attachments thereto.
3) Purchase Order and related ordering documents such as Work Authorizations (subject to Section 4 of the PA).

14.SUBSTITUTIONS
Substitution of Deliverables may not be tendered without five (5) days advance written consent of the Authorized Purchasing Entities. The Contractor shall not use any specification in lieu of those contained in the PA without written consent of the Authorized Purchasing Entities.

15.SERVICE INTERRUPTIONS
The Contractor’s liability for Service interruptions, if any, shall be limited to credit out of allowances provided for in the Master Agreement.

16.ENHANCEMENT OF CELLULAR SERVICE
The Authorized Purchasing Entities must obtain the Contractor’s prior approval (which Contractor may withhold in its sole discretion) and written agreement before they may install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate Cellular Service.

17.SAFETY AND ACCIDENT PREVENTION
In performing work on Authorized Purchasing Entities premises, the Contractor shall conform to any specific safety requirements required by law or regulation. The Contractor may consider any additional precautions as reasonably requested by the Authorized Purchasing Entities for safety and accident prevention purposes.

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18.INSURANCE
The Contractor shall maintain all commercial general liability insurance, workers’ compensation insurance and any other insurance required under the Master Agreement.

19.TERMINATION FOR THE CONVENIENCE OF THE STATE
a) The State may terminate this Contract for convenience if the Deputy Director, Department of Technology, Statewide Technology Procurement, or designee, determines that a termination is in the State’s interest. The Deputy Director, Department of Technology, Statewide Technology Procurement, or designee, shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof, such date not to be earlier than thirty (30) days from the date the notice is delivered. b) After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall:
i. Stop work as specified in the Notice of Termination (except as required by any Disentanglement/Migration-Out Services).
ii. Place no further subcontracts for materials, Services, or facilities, except as necessary to complete the continuing portion of the Contract. iii. Terminate all subcontracts to the extent they relate to the work terminated. iv. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts.
c) After termination, the Contractor shall submit a final termination settlement proposal to the State in the form and with the information prescribed by the State.

The Contractor shall submit the proposal promptly, but no later than ninety (90) days after the effective date of termination, unless a different time is provided in the Notice of Termination.
d) The Contractor and the State may agree upon the whole or any part of the amount to be paid as requested under subsection c) above. e) Unless otherwise specified, upon the termination for convenience, the State shall have no obligation to pay the Contractor any amount other than in accordance with the terms of the this Contract the agreed upon price for Deliverables accepted by the State, adjusted for any savings on freight and other charges plus any unrecovered amortized capital costs originally identified in writing by the Packet Page. 940
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Contractor and approved in advance by the State, calculated using Generally Accepted Accounting Principles.

20.TERMINATION FOR DEFAULT
Unless otherwise specified in the Contract:
a) The State may, subject to the clause titled “Force Majeure”, by written notice of default to the Contractor, terminate this Contract in whole or in part if the Contractor fails to:
i. Deliver the Deliverables or perform the Services within the time specified in the Contract or any amendment thereto;
ii. Make progress, so that the lack of progress endangers performance of this Contract; or
iii. Perform any of the material provisions of this Contract. b) The State’s right to terminate this Contract under subsection a) above, may be exercised if the failure constitutes a material breach of this Contract and if the Contractor does not cure such failure within the time frame stated in the State’s cure notice, which in no event will be less than thirty (30) days. c) If, after termination, it is determined by a final decision that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the State. d) Both parties, State and the Contractor, upon any termination for default, have a duty to mitigate the damages suffered by it.
e) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or under this Contract, and are subject to the clause titled “Limitation of Liability”.

21.RIGHTS AND REMEDIES FOR DEFAULT
a) In the event any Deliverables furnished or Services provided by the Contractor in the performance of the PA should fail to conform to the requirements herein, the Authorized Purchasing Entities may reject the same, and it shall become the duty of the Contractor to reclaim and remove the Deliverables promptly, including by providing the Authorized Purchasing Entities with appropriate instructions for returning the Equipment, or to correct the performance of the Services, without expense to the Authorized Purchasing Entities, and promptly replace or re-perform all such rejected Deliverables or Services, as applicable, with others conforming to the Contract.

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b) In addition to any other rights and remedies, the Authorized Purchasing Entities may require the Contractor, at the Contractor’s expense, to ship Deliverables via air freight or expedited routing to avoid or minimize actual or potential delay if the delay is the fault of the Contractor.
c) In the event of the termination of the Contract, either in whole or in part, by reason of default or breach by the Contractor, any direct damages sustained by the Authorized Purchasing Entities in procuring any items which the Contractor agreed to supply shall be borne and paid for by the Contractor. d) The Authorized Purchasing Entities reserves the right to offset the reasonable cost of all direct damages caused to the Authorized Purchasing Entities against any outstanding invoices or amounts owed to the Contractor or to make a claim against the Contractor therefore.

22.LIMITATION OF LIABILITY
a) Except as may be otherwise approved by the California Department of Technology, Chief Technology Officer or designee, and subject to subsection b) below, the Contractor’s liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, shall be limited to the Purchase Price. For purposes of this subsection a), “Purchase Price” will mean the aggregate PA price; except that, with respect to a Contract under which multiple Purchase Orders will be issued (e.g., a Master Agreement or Multiple Award Schedule contract), “Purchase Price” will mean the total price of the Purchase Order for the Deliverable(s) or Service(s) that gave rise to the loss, such that the Contractor will have a separate limitation of liability for each Purchase Order.
b) The foregoing limitation of liability shall not apply (i) to any liability under the Section 9 (Compliance with Statutes and Regulations) (ii) to liability under Section 38 (Patent, Copyright, and Trade Secret Indemnity) or to any other liability (including without limitation indemnification obligations) for infringement of third party intellectual property rights; (iii) to claims covered by any specific provision herein calling for liquidated damages; (iv) to claims arising under provisions herein calling for indemnification for third party claims against the State or Authorized Purchasing Entities for bodily injury to persons or damage to real or tangible personal property caused by the Contractor’s negligence or willful misconduct; (v) to costs or attorney’s fees that the State or Authorized Purchasing Entities becomes entitled to recover as a prevailing party in any action, or (vi) to direct costs of mitigation, remediation and/or notification obligations resulting from any data breach.

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c) Nothing herein shall be construed to waive or limit the State’s sovereign immunity or any other immunity from suit provided by law.
d) In no event will either the Contractor or the State or Authorized Purchasing Entities be liable for consequential, incidental, indirect, special, or punitive damages, even if notification has been given as to the possibility of such damages, except (i) to the extent that the Contractor’s liability for such damages is specifically set forth in the Purchase Order or (ii) to the extent that the Contractor’s liability for such damages arises out of subsection b)(i), b)(ii), or b)(iv) above.

23.STATEMENT OF ECONOMIC INTERESTS
As applicable, consultants can be categorized as a public official for purposes of adherence to Conflict of Interest laws and the filing of a Statement of Economic Interests (Form 700). As such, upon award and prior to beginning work, and on an annual basis, the consultant's staff and/or subcontractors (as applicable) engaged in performing the Services described in the PA are required to complete and submit a Form 700 to the State of California. To acquire an exemption from this requirement, consultant must submit a request to the Department of Technology, Statewide Technology Procurement explaining the basis for the request and the staff or subcontractor staff to be excluded on that basis. Form 700 and instructions can be accessed at the California Fair Political Practices Commission website, http://www.fppc.ca.gov.

24.ACCESS TO FACILITIES/FACILITIES ACCESS POLICIES
a) The Authorized Purchasing Entities acknowledge that the Contractor or its employees and/or subcontractors (collectively the “Contractor Personnel”) may work closely with the Authorized Purchasing Entities to implement and perform the Services by working on the premises of participating Authorized Purchasing Entities. b) The Authorized Purchasing Entities will ensure that Contractor Personnel have access to Authorized Purchasing Entities’ Locations as reasonably necessary for the Contractor to provide the Services for which the Contractor is responsible. c) Contractor Personnel will coordinate with the Authorized Purchasing Entities as necessary to obtain access to Authorized Purchasing Entities’ Locations to perform the Services, or to perform other obligations as contained herein. d) If, as part of Authorized Purchasing Entities’ agency or standard policies and procedures regarding the Contractors working onsite, Authorized Purchasing Entities may require Contractor Personnel to comply with the Authorized Purchasing Entities standard access policies, prior to placing an order, that requires access to Authorized Purchasing Entities’ Locations (“Standard Access Agreements”), the Authorized Purchasing Entities will: (i) provide a copy of or an Packet Page. 943
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URL link to such Standard Access Agreements to the Contractor in advance of placing any order that requires access to the Authorized Purchasing Entities’ Locations, or (ii) copies or references to Standard Access Agreements already executed by the Contractor that apply, if any, with a statement that those are still applicable to Contractor Personnel.

25.USE AND ADVERTISING USE OF DATA
The Contractor or its third party providers are not authorized to use, sell, resell, package or repackage or publicly display any information deemed by the Authorized Purchasing Entities as confidential, sensitive or personal information pursuant to the PA language or Authorized Purchasing Entities data without written express approval of the Authorized Purchasing Entities. This restriction includes key word searching or data mining of Authorized Purchasing Entities data.

26.CONTRACTOR’S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY a) Except to the extent arising out of an Authorized Purchasing Entities Representative’s (as defined below) own negligence, the Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the Authorized Purchasing Entities, employees of the Authorized Purchasing Entities, persons designated by the Authorized Purchasing Entities for training, or any other person(s) other than agents or employees of the Contractor, designated by the Authorized Purchasing Entities for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the Deliverables either at the Contractor’s site or at the Authorized Purchasing Entities’ place of business, provided that the injury or damage was caused by the fault, negligence, or willful misconduct of the Contractor.

The Contractor shall not be liable for damages solely arising out of or caused by an alteration or an Attachment not made or installed by the Contractor, or for damage to alterations or Attachments that may result from the normal operation and maintenance of the Deliverables provided by the Contractor during the Contract.
b) The Contractor shall not be liable for damages solely arising out of or caused by an alteration or an Attachment not made or installed by the Contractor, or for damage to alterations or Attachments that may result from the normal operation and maintenance of the Deliverables provided by the Contractor during the Contract.

27.INDEMNIFICATION
The Contractor agrees to indemnify, defend and hold harmless the State and Authorized Packet Page. 944
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Purchasing Entities, its officers, agents and employees from any and all third party claims, costs (including without limitation reasonable attorneys’ fees), and losses due to the injury or death of any individual, or the loss or damage to any real or tangible personal property, to the extent resulting from the willful misconduct or negligent acts or omissions of the Contractor or any of its affiliates, agents, subcontractors, employees, suppliers, or laborers furnishing or supplying work, Deliverables, Services, materials, or supplies in connection with the performance of this Contract. Such defense and payment will be conditional upon the following:
a) The State and Authorized Purchasing Entities will notify the Contractor of any such claim in writing and tender the defense thereof within a reasonable time (but no delay or failure to so notify the Contractor shall relieve it of its obligations under the PA except to the extent that Contractor has suffered actual prejudice by such delay or failure); and
b) The Contractor will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that (i) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State and Authorized Purchasing Entities operations or liability, or when involvement of the State and Authorized Purchasing Entities is otherwise mandated by law, the State and Authorized Purchasing Entities may participate in such action at its own expense with respect to attorneys’ fees and costs (but not liability); (ii) where a settlement would impose liability on the State and Authorized Purchasing Entities, affect principles of California government or public law, or impact the authority of the State and Authorized Purchasing Entities, the California Department of Technology shall have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State and Authorized Purchasing Entities will reasonably cooperate in the defense and in any related settlement negotiations.

28.SERVICE TAXES, FEES, SURCHARGES, AND SURCREDITS
a) The Authorized Purchasing Entities shall be subject to Service taxes, fees, surcharges, and surcredits that are mandated by the government of the State of California (including the CPUC), and the federal government (including the FCC), as applicable. The Authorized Purchasing Entities shall be subject to Service taxes, fees, surcharges and surcredits mandated by the State and federal governments, and also as mandated by California local government jurisdictions and political subdivisions, as applicable. Mandates in effect at the time of award and as Packet Page. 945
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hereafter mandated may be recovered from Authorized Purchasing Entities of the applicable Service.
b) The Authorized Purchasing Entities reserves the right to verify, and if necessary, challenge the Contractor and the applicable regulatory authority, the application by the Contractor of Service taxes, fees, surcharges, and surcredits referred to in subsection a) above. Should the Authorized Purchasing Entities consider the application of such items to be inappropriate, the Authorized Purchasing Entities and the Contractor shall meet and confer regarding the applicability of such items. If thereafter a dispute exists regarding the proper application of such items, the parties may resolve such disputes in accordance with Section 40, Disputes.

Either party may seek guidance or clarification from the applicable regulatory authority regarding the appropriate application of such items. If the application of such items is deemed inappropriate by the regulatory authority, the Contractor shall cease and/or revise the application of such items and, if appropriate, issue retroactive credits to the impacted Authorized Purchasing Entities. c) All charges under the PA are exclusive of applicable federal, state and local sales, use, excise, utility, and gross receipt taxes, other similar tax-like charges and surcharges. The Authorized Purchasing Entities will provide the Contractor the tax exemption certificates that comply with the requirements of the Internal Revenue Code and Regulations (i.e., see Internal Revenue Regulations section 49.4253-11 and IRS Publication 510 or their current equivalent versions). The Contractor agrees to exempt all Entities from federal excise taxes and E-9-1-1 taxes, all as applicable, promptly after the date the Contractor receives a duly authorized and valid exemption certificate. The Contractor agrees, for the purpose of federal exemption, that the State will act as the authorized agent for the PA in submitting exemption requests on behalf of all Authorized Purchasing Entities.

The Contractor shall be authorized to include as a separate line item a charge for reimbursement of sales tax or use tax expense that is incurred with respect to a sale of handsets, accessories, or other tangible property to Authorized Purchasing Entities, and the Authorized Purchasing Entities shall pay such sales tax or use tax reimbursement charge to the Contractor.

29.NEWLY MANUFACTURED EQUIPMENT
Except where requested by the Authorized Purchasing Entity or when Equipment is provided as a warranty replacement, all Equipment furnished under the PA shall be newly manufactured Equipment or certified as new and warranted as new by the manufacturer; used or reconditioned Equipment is prohibited, unless otherwise specified.

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30.PARTICIPATING ADDENDUM MODIFICATION
a) No amendment or variation of the terms of the PA shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the PA is binding on any of the parties. b) Any change to the Contractor’s name will require a PA amendment. The State, upon notification and receipt of legal documentation indicating the name change from the Contractor, will process the required amendment, assuming no other change has been made to the business entity.

31.NEWS RELEASES
Any news releases, endorsements, advertising, and social media content pertaining to the PA shall not be made without prior written approval of the California Department of Technology and the applicable Authorized Purchasing Entity.

32.SOFTWARE LICENSE
Unless otherwise specified in the Purchase Order, the Contractor hereby grants to the Authorized Purchasing Entities and the Authorized Purchasing Entities accepts from the Contractor, subject to the terms and conditions of this Contract, a royalty-free, nonexclusive right to the use of Software Products in this Contract. The Authorized Purchasing Entities may use the Software Products only in connection with the use of the Service and according to the licensing terms specified in the Contract. Acceptance of the Software (including any click-to-accept (Click Wrap) third party Commercial Software/EULAs associated with Services sold under this Contract) will be governed by the terms and conditions of this Contract.

33.PROTECTION OF CONTRACTOR FURNISHED PROPRIETARY SOFTWARE AND OTHER

PROPRIETARY DATA
a) The Authorized Purchasing Entities agree that all material appropriately marked or identified in writing as proprietary, and furnished by the Contractor hereunder are provided for the Authorized Purchasing Entities exclusive use for the purposes of the PA only. All such proprietary data shall remain the property of the Contractor.

The Authorized Purchasing Entities agree to take all reasonable steps to insure that such proprietary data are not disclosed to others, without prior written consent of the Contractor, subject to the California Public Records Act. b) The Authorized Purchasing Entities will insure, prior to disposing of any Contractor furnished media, that any licensed materials contained thereon have been erased or otherwise destroyed.

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c) The Authorized Purchasing Entities agree that they will take appropriate action by instruction, agreement or otherwise with its employees or other persons permitted access to the Contractor furnished licensed software and other proprietary data to satisfy its obligations in the PA with respect to use, copying, modification, protection and security of proprietary software and other proprietary data.

34.FUTURE RELEASES
Unless otherwise specifically provided in the Purchase Order, if improved versions, e.g., patches, bug fixes, updates or releases, of any Software Product are developed by the Contractor, and are made available to other licensees, they will be made available to the Authorized Purchasing Entities at no additional cost. If the Contractor offers new versions or upgrades to the Software Product, they shall be made available to the Authorized Purchasing Entities at the Authorized Purchasing Entities option at a price no greater than the Master Agreement price plus a price increase proportionate to the increase from the list price of the original version to that of the new version, if any. If the Software Product has no list price, such price increase will be proportionate to the increase in average price from the original to the new version, if any, as estimated by the Contractor in good faith.

35.ENCRYPTION & AUTHORIZATION KEYS
Upon initiation of Service, the Contractor, where applicable, shall provide all encryption and authorization keys required by the Authorized Purchasing Entities to operate or access the Software Products, Services or Equipment.

36.PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY
a) The Contractor will indemnify, defend, and hold harmless the State and Authorized Purchasing Entities, its officers, agents and employees, from any and all third party claims, costs (including without limitation reasonable attorneys’ fees), and losses for infringement or violation of any U.S. Intellectual Property Right by any product, equipment or service provided hereunder. With respect to claims arising from Equipment or Software manufactured by a third party and sold by the Contractor, pursuant to this Contract, the Contractor will pass through to the State and Authorized Purchasing Entities such indemnity rights as it receives from such third party (“Third Party Obligation”) and will cooperate in enforcing them; provided that if the third party manufacturer fails to honor the Third Party Obligation, the Contractor will provide the State and Authorized Purchasing Entities with indemnity protection equal to that called for by the Third Party Obligation, but in no event greater than that called for in the first sentence of this section. The provisions of the preceding sentence apply only to third party Equipment or Software sold as a Packet Page. 948
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distinct unit and accepted by the State and Authorized Purchasing Entities. Unless a Third Party Obligation provides otherwise, the defense and payment obligations set forth in this subsection will be conditional upon the following:
i. The State and Authorized Purchasing Entities will notify the Contractor of any such claim in writing and tender the defense thereof within a reasonable time; and
ii. The Contractor will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that: (a) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State and Authorized Purchasing Entities operations or liability, or when involvement of the State and Authorized Purchasing Entities is otherwise mandated by law, the State and Authorized Purchasing Entities may participate in such action at its own expense with respect to attorneys’ fees and costs (but not liability); (b) where a settlement would impose liability on the State and Authorized Purchasing Entities, affect principles of California government or public law, or impact the authority of the State and Authorized Purchasing Entities, the California Department of Technology will have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (c)the State and Authorized Purchasing Entities will reasonably cooperate in the defense and in any related settlement negotiations. b) Should the Deliverables (including any Software or Equipment) or Cellular Service, or the operation thereof, become, or in the Contractor’s opinion are likely to become, the subject of a claim of infringement or violation of a U.S. Intellectual Property Right, the State and Authorized Purchasing Entities shall permit the Contractor, at its option and expense either (i) to procure for the State and Authorized Purchasing Entities the right to continue using the Deliverables or Cellular Service (ii) to replace or modify the same so that they become noninfringing or (iii) discontinue Cellular Service to the infringing lines and refund any amounts prepaid by the State and Authorized Purchasing Entities for such Service for the period after the State and Authorized Purchasing Entities cease use of the Deliverables or Cellular Service. If none of these options can reasonably be taken, or if the use of such Deliverables or Service by the State and Authorized Purchasing Entities shall be prevented by injunction, the Contractor agrees to take back such Deliverables and make every reasonable effort to assist the State and Authorized Purchasing Entities in procuring substitute Deliverables. If in the reasonable, good faith opinion of the State and Authorized Purchasing Entities, the return of such Packet Page. 949
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infringing Deliverables makes the retention of other Deliverables or the use of Services acquired from the Contractor under the PA impractical, the State and Authorized Purchasing Entities shall then have the option of terminating such PAs or applicable Purchase Order thereof, without penalty or termination charge. The Contractor agrees to take back such Deliverables and refund any sums the State and Authorized Purchasing Entities has paid the Contractor less any reasonable amount for use or damage.
c) The Contractor shall have no liability to the State and Authorized Purchasing Entities under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon:
i. The combination or utilization of Cellular Service furnished hereunder with Equipment, Software, or devices not provided or made available by the Contractor; or,
ii. The operation of Equipment furnished by the Contractor under the control of any operating software other than, or in addition to, the current version of Contractor or manufacturer-supplied operating software; or iii. The unauthorized modification by or on behalf of the State and Authorized Purchasing Entities of the Equipment or Software furnished hereunder; or iv. Any illegal or unauthorized use of the Cellular Service; or v. The Authorized Purchasing Entities continuance of an infringing activity after being notified thereof; or
vi. Any negligent or willful act or omission by or attributable to the Authorized Purchasing Entities.
d) The Contractor certifies that it has appropriate systems and controls in place to ensure that Authorized Purchasing Entities funds will not be used in the performance of the PA for the acquisition, operation, or maintenance of Software or Equipment in violation of U.S Intellectual Property laws.

37. EXAMINATION AND AUDIT
Unless otherwise specified in the Purchase Order:
a) Without limiting any examination or audit rights, or other rights of the State and Authorized Purchasing Entities set forth in the Contract, the Contractor agrees that the State and Authorized Purchasing Entities, or its designated representative, shall have the right, to audit, review and copy any records and supporting documentation pertaining to performance of and invoicing under this Contract.

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of four (4) years after final payment and five (5) years for Federal Universal Service Fund (“E-rate”) funded projects, unless a longer period of records retention is stipulated or required by law. The Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. The State and Authorized Purchasing Entities agrees to take all reasonable steps to ensure that such information is not disclosed to third parties, subject to the California Public Records Act or other lawful process (e.g. in response to a subpoena).
b) For avoidance of doubt, audits may include those conducted by personnel of the State and Authorized Purchasing Entities, or its designated representative, in performance of PA oversight responsibilities in reviewing invoices, monthly fiscal management and/or other required reports, as well as the application of Service taxes, fees, surcharges and surcredits on invoices.
c) Subject to the Disputes clause, if an audit reveals that the Contractor has overcharged the State and Authorized Purchasing Entities for Service(s) during the period to which the audit relates, then the Contractor shall promptly refund such overcharges to the State and Authorized Purchasing Entities as appropriate, and, if the amount of the overcharge (offset by any undercharges revealed by such audit) is more than five percent (5%) of the Contractor’s charges to the State and Authorized Purchasing Entities for such Service(s) for such period, the reasonable cost of such audit (including any imputed costs of State and Authorized Purchasing Entities for audits performed by the State and Authorized Purchasing Entities itself) shall be borne by the Contractor.
d) If any audit reveals an inadequacy or insufficiency of the Contractor’s performance, including performance in connection with any security obligations of the Contractor as set forth in this Contract, the Contractor shall promptly develop and provide to the State and Authorized Purchasing Entities, for approval, a reasonable and detailed corrective action plan and promptly thereafter implement such plan in accordance with its terms. In addition, the cost of such audit, and subsequent related audits or audit activity, shall be borne by the Contractor in the event that: (i) the State and Authorized Purchasing Entities specifically identifies a particular deficiency with respect to the Contractor’s performance of any particular Service; and (ii) The Contractor either denies or fails to cure such identified deficiency within thirty (30) calendar days. Further, the Contractor agrees to include an equivalent right of the State and Authorized Packet Page. 951
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Purchasing Entities to audit records and interview staff in any subcontract related to performance of and invoicing under this Contract.
e) Notwithstanding anything to the contrary in this section, the State and Authorized Purchasing Entities or any auditing body or its designated representative, agrees that it will not exercise the audit rights described in this section more than once per calendar year, however, any follow-up reviews or other investigations related to an audit initiated under this section may be conducted at any time and upon reasonable notice.
f) Where the Contractor conducts an internal audit of the Contractor’s performance under the PA which shows any significant failures by the Contractor to meet its obligations hereunder, the Contractor shall provide to the State and Authorized Purchasing Entities a written summary describing in reasonable detail such findings of such internal audit. If the Contractor determines at any time that it has overcharged any Authorized Purchasing Entities, then the Contractor shall promptly provide to the applicable Authorized Purchasing Entities a credit equal to the amount of such overcharge plus interest from the date of the Contractor’s receipt of such overcharge at a rate which is consistent with the rate provided in the California Prompt Payment Act, Government Code section 927 et seq. g) The Contractor agrees that (i) the State or its designees will have the right to obtain, copy and review all billing records of public or local government entities purchasing under this PA; and (ii) the State and Authorized Purchasing Entities may forward audit results showing call rate discrepancies to the CPUC.

38.CONTINUING STANDARDS OF PERFORMANCE FOR CONTRACTOR SERVICES Unless otherwise specified in the Purchase Order:
a) Applicability:

The Contractor agrees that subsequent to completion of the successful performance period and acceptance of the Services by the Authorized Purchasing Entities, the Contractor will comply with the availability and/or performance requirements and criteria established in the PA throughout the full PA Term, including any extensions.
b) Causes and Effects of Contractor Service Malfunctions:
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operating parameters. The Authorized Purchasing Entities agree, therefore, that unsatisfactory Contractor Service performance which is outside the control of the Contractor will not be considered in a determination of the level of performance.
ii. In the event the Contractor’s Service failure or unsatisfactory performance is a result of factors external to the PA, the Contractor agrees to make appropriate recommendations to the Authorized Purchasing Entities in order that such external factors may be corrected to preclude future problems of a similar nature. Within five (5) business days after such failure occurs, the Contractor shall meet and confer with the Authorized Purchasing Entities regarding appropriate next steps, which may include preparation, for the Authorized Purchasing Entities review, comment and approval, of a milestone-based action plan making such recommendations and corrections described in the preceding sentence.
iii. In the event that the precise cause of a failure cannot be readily determined, both the Authorized Purchasing Entities and the Contractor shall continue to research the situation until the probable cause has been identified or until agreement is reached that the probable cause cannot be identified. Within five (5) business days after such failure occurs (or such other timeframe specified in the solicitation), the Contractor shall meet and confer with the Authorized Purchasing Entities regarding appropriate next steps, which may include preparation, for the Authorized Purchasing Entities review, comment and approval, of a milestone-based action plan for researching the probable cause of the failure.
c) Levels of Performance Required
The Contractor shall perform the Deliverables or Services at the levels of quality, completeness, accuracy, timeliness, responsiveness and efficiency that are consistent with the accepted industry standards or Service Level Agreements applicable to the performance of such Deliverables and the Services or, if higher, the levels of the same received by the Authorized Purchasing Entities prior to the Effective Date and as set out in applicable Service performance exhibits or the Purchase Order, agreed upon by the parties and incorporated into the Contract.

Without limiting the foregoing or other obligations of the Contractor, for those Deliverables, requirements, and Services for which the Purchase Order specifies a particular Service level, the Contractor shall provide all Deliverables, requirements, and Services at levels at least in accordance with such Service levels. d) Remedies for Unacceptable Levels of Performance
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The remedies provided in this section shall be in addition to any remedies regarding Warranty. If a Contractor Deliverable, requirement, or Service does not meet the minimum level of performance as set forth in the Purchase Order, the remedy or process for correction set forth in the Purchase Order will be followed by the parties. If the specific Deliverable or Service has no remedy or process for correction set forth in the Purchase Order, Authorized Purchasing Entities shall promptly notify the Contractor in writing of such unacceptable performance and the impact on the Authorized Purchasing Entities, and the Contractor shall promptly initiate action to remedy the unsatisfactory performance. The Contractor shall, at its option, take one or more of the following actions to correct the situation:
i. Provide on-site Contractor personnel for analysis of the problem; ii. Replace the faulty Equipment, Deliverable or Service; iii. Provide substitute Equipment, Deliverable or Service satisfactory to the Authorized Purchasing Entities;
iv. Modify the Equipment, Deliverable or Service; or
v. Take any other action with which the Authorized Purchasing Entities concurs.

If the Contractor fails to correct an unacceptable level of performance with respect to any Equipment, Deliverable, or Service to the requirements of the PA during the thirty (30) calendar days following receipt of written notice from the Authorized Purchasing Entities (or such other timeframe specified in the Contract), the Authorized Purchasing Entities and the Contractor can mutually agree to extend the time to a specified date. If the Contractor fails to correct the situation to the satisfaction of the Authorized Purchasing Entities by the end of the specified time period, then, without limiting any other remedy specified in the Contract, the Authorized Purchasing Entities may (i) secure replacement Equipment, Deliverables or Services with the Contractor responsible for payment of Costs to Cover, and/or (ii) terminate that portion of the Purchasing Order relating to the deficient equipment, Deliverable, Requirement, or Service. The above-described remedies are not intended to constrain either party from any other action mutually agreed to by the Contractor and the Authorized Purchasing Entities as being more appropriate or to limit any of the Authorized Purchasing Entities other rights and remedies under this Contract, at law or in equity, including the exercise of Section 46 (Set-Off Rights).
e) Replacement or Substitution of Equipment by the Contractor If the Contractor, in an attempt to improve the level of performance, replaces or substitutes Equipment or Service that meets all of the PA requirements, such Packet Page. 954
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replacement or substitution shall be at no cost to the Authorized Purchasing Entities.
f) Review of Performance
The Contractor's performance will be periodically evaluated in accordance with the Service levels for each Service delivered throughout the term of this Contract.

In accordance with the California Government Code, the Contractor performance evaluation will be completed within the guidelines of the State Administrative Manual.

39.AVAILABILITY
a) If at any time after award of this Contract, the Contractor becomes unable to provide any part of its contracted Services, the Contractor must, within ten (10) Business Days, notify the Authorized Purchasing Entities in writing to seek a potential resolution, and if appropriate, propose a replacement of those Services which it can no longer provide. The replacement must be at no cost to the Authorized Purchasing Entities, and shall be materially equivalent to or exceed the proposed Service which was previously offered and accepted by the Authorized Purchasing Entities in the Contractor’s Final Bid or awarded Contract. b) The Authorized Purchasing Entities reserve the sole right to determine if the proposed replacement is acceptable. An inability to provide a Mandatory requirement may be grounds for PA termination in whole or in part.

40.DISPUTES
Unless otherwise specified in the Contract:
a) The parties shall deal in good faith and attempt to resolve potential disputes informally.
b) If the dispute persists, the Contractor shall submit to the Authorized Purchasing Entities’ Director or designee a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to or involving this PA. The Contractor’s written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the applicable Purchase Order, the Contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the Purchase Order adjustment for which the Contractor believes the Authorized Purchasing Entities are liable. The Authorized Purchasing Entities’ Director or designee shall have thirty (30) days after receipt of Packet Page. 955
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the Contractor’s written demand invoking this Section 42 (Disputes) to render a written decision. If a written decision is not rendered within thirty (30) days after receipt of the Contractor’s demand, it shall be deemed a decision adverse to the Contractor’s contention.
c) If the Contractor is not satisfied with the decision of the Authorized Purchasing Entities’ Director or designee, the Contractor may appeal the decision, in writing, within fifteen (15) days of its issuance (or the expiration of the thirty (30) day period in the event no decision is rendered by the Authorized Purchasing Entities, to the Department of Technology, Statewide Technology Procurement Deputy Director or designee, who shall have thirty (30) days to render a final decision. If the Contractor does not appeal the decision of the Authorized Purchasing Entities’ Director or designee, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court. d) Pending the final resolution of any dispute arising under, related to or involving this PA, the Contractor agrees to diligently proceed with the performance of the applicable Purchase Order.
e) Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Department of Technology Statewide Technology Procurement Deputy Director or designee if an appeal was made. If Department of Technology Statewide Technology Procurement Deputy Director or designee fails to render a final decision within thirty (30) days after receipt of the Contractor’s appeal for a final decision, it shall be deemed a final decision adverse to the Contractor’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences an action in a court of competent jurisdiction to contest such decision within ninety (90) days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

41.STOP WORK
a) The Authorized Purchasing Entities may, at any time, by written Stop Work Order to the Contractor, require the Contractor to stop all, or any part, of the work called for by the applicable Purchase Order for a period of forty-five (45) days after the Stop Work Order is delivered to Contractor, and for any further period to which the parties may agree. The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this clause. Upon receipt of the Stop Work Order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the Stop Work Order during the period of work stoppage. Within a period of forty-five Packet Page. 956
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(45) days after a Stop Work Order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Authorized Purchasing Entities shall either: (i) Cancel the Stop Work Order; or (ii) Terminate the work covered by the Stop Work Order as provided for in the termination for default or the termination for convenience clause of the PA.
b) If a Stop Work Order issued under this clause is canceled or the period of the Stop Work Order or any extension thereof expires, the Contractor shall resume work. The Authorized Purchasing Entities shall make an equitable adjustment in the delivery schedule, the Purchase Order price, or both, and the Purchase Order shall be modified, in writing, accordingly, if: (i) The Stop Work Order results in an increase in the time required, or in the Contractor’s cost properly allocable to the performance of any part of this Contract; and (ii) The Contractor asserts its right to an equitable adjustment within sixty (60) days after the end of the period of work stoppage; provided, that if the Authorized Purchasing Entities decides the facts justify the action, the Authorized Purchasing Entities may receive and act upon a proposal submitted at any time before final payment under this Contract. c) If a Stop Work Order is not canceled and the work covered by the Stop Work Order is terminated in accordance with the provision entitled Termination for the Convenience of the State, the State shall allow reasonable costs resulting from the Stop Work Order in arriving at the termination settlement. d) The State and Authorized Purchasing Entities shall not be liable to the Contractor for loss of profits because of a Stop Work Order issued under this clause.

42.COVENANT AGAINST GRATUITIES
The Contractor represents and warrants to the State that no gratuities (in the form of entertainment, gifts or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing the PA or securing favorable treatment with respect to any determinations concerning the performance of the PA. For breach or violation of this representation and warranty, the State shall have the right to terminate the PA, either in whole or in part. The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or equity.

43.ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Government Code sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the State all rights, title, and interest in and to all causes Packet Page. 957
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of action it may have under section 4 of the Clayton Act (15 U.S.C. 15) or under the Cartwright Act (Chapter 2, commencing with section 16700, or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Equipment, material and other items, or Services by the supplier of sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tenders final payment to the supplier. b) If the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
c) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (i) The assignee has not been injured thereby, or (ii) The assignee declines to file a court action for the cause of action.

44.RECYCLING
The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code section 12200 -12209, in products, materials, Equipment, or supplies offered or sold to the State that fall under any of the statutory categories regardless of whether the product meets the requirements of section 12209.

The certification shall be provided by the Contractor, even if the product or good contains no postconsumer recycled material, and even if the postconsumer content is unknown. With respect to printer or duplication cartridges that comply with the requirements of section 12156(e), the certification required by this subsection shall specify that the cartridges so comply (Public Contract Code section 12205(b)(2)). A state agency contracting officer may waive the certification requirements if the percentage of postconsumer material in the products, materials, Equipment, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet web site. The Contractor is to use, to the maximum extent economically feasible in the performance of the PA work, recycled content products (Public Contract Code section 12203(d)).

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45.CHILD SUPPORT COMPLIANCE ACT
For any PA in excess of $100,000, the Contractor acknowledges in accordance with Public Contract Code section 7110, that:
a) The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable State and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b) The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

46.SET-OFF RIGHTS
Notwithstanding anything to the contrary in this Contract, and in addition to the other rights of the State and/or the applicable Authorized Purchasing Entities hereunder with respect to disputing invoices or withholding amounts, the State and/or the Authorized Purchasing Entities, in its sole discretion, may set off against any and all amounts otherwise payable to the Contractor pursuant to any of the provisions of this Contract:
(i) any and all amounts claimed by the State and/or the Authorized Purchasing Entities in good faith to be owed by the Contractor to the State and/or the Authorized Purchasing Entities to any of the provisions of this Contract; and (ii) any and all amounts that the State and/or Authorized Purchasing Entities believes in good faith that it does not owe to the Contractor pursuant to any of the provisions of this Contract. Within twenty (20) calendar days after any such set-off by the State and/or applicable Authorized Purchasing Entities, the State and/or applicable Authorized Purchasing Entities shall provide the Contractor with a written accounting of such set-off, a written statement of the reasons therefore, and a reasonable opportunity to meet and discuss the claimed set-off. In the event the Contractor does not agree with the set-off applied, the Contractor or Authorized Purchasing Entities may contact the State to seek equitable resolution or exercise its rights under applicable law.

47.CONTRACTOR PERSONNEL
a) When the Contractor needs access to Authorized Purchasing Entities’ premises to perform the required Services under this Contract, the Contractor personnel shall perform their duties during Authorized Purchasing Entities’ regular work days and Packet Page. 959
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normal work hours, except as may be specifically agreed to otherwise by the Authorized Purchasing Entities and the Contractor.
b) The Authorized Purchasing Entities reserve the right to disapprove the continuing assignment of the Contractor personnel working on Authorized Purchasing Entities’ premises. If the Authorized Purchasing Entities exercise this right, and the Contractor cannot immediately replace the disapproved personnel, the Authorized Purchasing Entities agree to an equitable adjustment in schedule or other terms that may be affected hereby.
c) The Contractor will make every effort consistent with sound business practices to honor the specific, commercially reasonable request of the Authorized Purchasing Entities with regard to assignment of its employees; however, subject to the above paragraph and the paragraph below, the Contractor reserves the sole right to determine the assignment of its employees. If a Contractor employee is unable to perform due to illness, resignation, or other factors beyond the Contractor's control, the Contractor will make reasonable effort to provide suitable substitute personnel.

The Contractor represents that the individuals designated as PA Contact in the PA are, and promises that any subsequent PA Contact shall be, experienced professionals, possessing the appropriate knowledge, skills, and expertise to perform properly their assigned duties. The Contractor may transfer or terminate PA Contact at any time in the event the needs of the Contractor’s business support a transfer, or the individual is eligible for a promotion or other positive type of employment opportunity, or the individual’s personal life experience requires a transfer, or the individual’s employment is terminated for “good cause” (which term, as used in this Contract, means cause for termination, including a lay-off, as determined in accordance with the Contractor's employment policies, consistently applied). The Contractor shall exercise every reasonable effort to notify the State prior to the transfer of PA Contact to another position within the Contractor’s organization, including upon any such replacement or reassignment if the function being performed by the individual being replaced or reassigned is eliminated from the Services. If any of the PA Contact is reassigned, becomes incapacitated, or ceases to be employed by the Contractor, and therefore becomes unable to perform the functions or responsibilities assigned to such person, the Contractor shall promptly replace such person with another person at least as well qualified to perform such functions and responsibilities as the person being replaced.

The parties acknowledge that qualifications include a mix of experience and Packet Page. 960
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education and that equally qualified individuals may have different mixes thereof.

The Contractor shall cause its subcontractors to comply with this provision with respect to any of individuals of such subcontractors that are designated as PA Contact.

48.CONTRACTOR BUSINESS RELATIONSHIP RESPONSIBILITY
The Contractor shall cooperate in good faith with the State and Authorized Purchasing Entities and the other contractors as necessary, including participation in any advisory forum established by the State and Authorized Purchasing Entities and the establishment of business processes that facilitate the orderly Transition, Migration, and Transfer of Authorized Purchasing Entities to other said Services and the implementation of any other ongoing provisioning support for Services.

49. PROVISIONING OF DELIVERABLES AND SERVICES
The Authorized Purchasing Entities may order Deliverables and Services under the PA by issuing the appropriate Purchase Order. The Contractor will not commence provisioning Deliverables or Services for a given Authorized Purchasing Entities until the Contractor receives a complete, signed, accepted, and accurate order form.

50.NEED FOR CONTRACTOR SERVICES DUE TO EMERGENCY
Unless otherwise specified in the Purchase Order, an emergency is defined in Public Contract Code Section 1102: "Emergency," as used in this code, means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public Services.
a) The Contractor shall make reasonable effort to assist the Authorized Purchasing Entities in procuring use of the Contractor Services consistent with that provided under the PA to meet emergencies. The price for such compatible Services shall be reasonably set by the Contractor and, to the extent possible, shall be no greater than the PA rates set forth in the PA.
b) The Authorized Purchasing Entities, at its option, may accept or reject the use of emergency equipment.

51.NON-EXCLUSIVE AGREEMENT
Nothing in the PA shall be construed as a requirements contract or interpreted as preventing the Authorized Purchasing Entities from obtaining, consistent with Authorized Purchasing Entities policy, any portion, component, subset or all of the Services offered under the terms and conditions of the PA, or any other Services (analogous, similar, comparable or otherwise) from third parties, or providing the same to itself. Nor shall Packet Page. 961
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anything in the PA be construed or interpreted as limiting the Authorized Purchasing Entities right or ability during the Term of the PA to increase or decrease its demand for Services hereunder. To the extent the Authorized Purchasing Entities, consistent with Authorized Purchasing Entities policy, obtains from third parties, or provides to itself, replacement Services for any of the Services hereunder, the amount to be paid to the Contractor by the Authorized Purchasing Entities will be for Products and Services delivered and for the remaining Products and Services.

52.CHARGES
Unless otherwise specified in the Purchase Order (or rate plan thereunder):

The Contractor agrees that the Authorized Purchasing Entities are not subject to any minimum monthly usage charges for any Services contracted under this Contract. a) The Contractor agrees that Services not identified in the PA may not be provided nor charged to the Authorized Purchasing Entities pursuant to the PA, but that the Contractor may use the invoicing process of the PA so as to allow for invoicing of Services not related to the PA, provided that such items are clearly identified as not related to the PA and the Contractor otherwise complies with the requirements in the PA related to invoicing.
b) The Contractor agrees that charges not identified in the PA may not be assessed to the Authorized Purchasing Entities in accordance with subsection a). c) Invoices for all contracted Services shall not be subject to late payment charges prior to the Purchase Order defined due date.

53.CONTRACTOR COMMITMENTS AND REPRESENTATIONS
Any written commitment by a duly authorized representative of the Contractor within the scope of the PA shall be binding upon the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable for performance deficiency charges or other damages due to the Authorized Purchasing Entities as set forth herein.

Such written commitments include but are not limited to:
a) Any warranty or representation expressly made by the Contractor as to Deliverables, Service, equipment or software performance, total System performance, or other physical design or functioning characteristics of a Machine or software System.
b) Any warranty or representation expressly made by the Contractor concerning the characteristics of the items described in (a) above, made in any publication, drawings, or specifications accompanying or referred to in the PA.

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c) Any written notification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations and which is incorporated into a formal amendment to the PA .

54.SERVICE TO PUBLIC ENTITIES AND LOCAL GOVERNMENT AGENCIES In accordance with Government Code Section 11541, the Contractor agrees to provide Service to all Authorized Purchasing Entities in the State pursuant to the PA and hereby acknowledges that the State is not responsible for payment, Deliverables, requirements or services rendered these entities. The Contractor agrees that it shall have no recourse against the State for any act or omission of the Authorized Purchasing Entities, which arises from the Contractor furnishing Equipment or Services pursuant to the PA. The Contractor understands and acknowledges that under the PA the State neither promises nor guarantees any minimum amount of revenue for the Contractor or minimum amount of Deliverables, requirements, or Services to be purchased.

55.SERVICE COSTS
The Contractor’s list of Service and product descriptions accepted by the Authorized Purchasing Entities shall correlate the Service to the associated PA rates as applicable under the PA. All Service costs will include all monthly recurring and usage charges, volume discounts, and non-recurring charges as applicable. Listed pricing will include all elements necessary to configure an instance of working Service including activation, delivery, and training. Any no-cost items will be clearly identified and any Service elements without associated pricing will be considered no charge items.

56.FEDERAL UNIVERSAL SERVICE FUND
Federal Grant programs are available to schools and libraries under the Universal Service Fund. This program, also referred to as E-rate funding, provides support to schools and libraries in accessing telecommunications Services. To the extent such programs are applicable to the Services under the PA, as determined by the Authorized Purchasing Entities, or required by law, the Contractor agrees to:
a) Provide PA Services to public entities qualified for Universal Service Fund Support; b) Be certified as a Universal Service Administrative Company (USAC); c) Meet Federal requirements for timeliness and accuracy in processing E-rate and other USAC program request and invoicing; and

57.EXISTING EQUIPMENT & TITLE TO EQUIPMENT
a) The Contractor agrees to reasonably accommodate Authorized Purchasing Entities and utilize existing equipment. The Contractor’s proposed Services shall Packet Page. 963
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reasonably accommodate the use of such existing Authorized Purchasing Entities’ equipment.

Title to equipment, accessories, and devices provided under the PA shall not vest in the State, unless such items are purchased by the State. All devices and accessories furnished by the Contractor hereunder, except those purchased by the Authorized Purchasing Entities, shall accompany the equipment when returned to the Contractor.

58.UNLAWFUL USE
Authorized Purchasing Entities will not use any Service for any unlawful purpose. Without limiting any other remedy specified in the PA, the Contractor reserves the right to take any action it deems necessary to prevent unlawful use and to control fraudulent use.

Such actions by the Contractor may include, but are not limited to, blocking certain traffic, refusing to accept calling card, collect calling and or third number calls, or discontinuing provision of Service to the End-User or canceling the End-User’s account.

59.DISENTANGLEMENT (MIGRATION-OUT)
a) Term Migration-Out shall be synonymous with Disentanglement. The Migration-Out shall begin on the earlier of the following dates, as applicable, the “Migration-Out Commencement Date”: (1) as elected by the State, up to sixty (60) calendar days prior to the end of the PA Term that the State has not elected to extend pursuant Section 3 (PA Effective Date) or has already extended fully as permitted under this section; or (2) the date a Notice of Termination is delivered pursuant to Section 19 (Termination for the Convenience of the State) or Section 20 (Termination for Default); or (3) the Authorized Purchasing Entities’ election pursuant to Section 54, Non-Exclusive Agreement, to obtain any portion, component, subset or all of the Services offered under the terms and conditions of the PA, or any other Services (analogous, similar, comparable or otherwise) from third parties, including other Contractors, or to provide the same to itself. The Contractor shall provide Migration-Out Services until it has completed the obligations of this Section.

The Contractor’s obligation to continue to provide the affected Services shall continue until the earlier of (i) completion of a migration to a new Service provider as provided in this Section, or (ii) eighteen (18) months after the effective date of any termination or expiration. During Migration-Out, the Contractor shall continue to provide Service(s) in a manner consistent with the Contractor’s provision and performance of such Service(s) during the period such Service(s) were provided to the Authorized Purchasing Entities hereunder.

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b) Subject to the performance by the Authorized Purchasing Entities and any subsequent provider of similar Services, the Contractor shall cooperate fully with the Authorized Purchasing Entities and third parties and shall take all actions requested by the Authorized Purchasing Entities or as necessary to accomplish a smooth, complete conversion of responsibility for the Services being terminated from the Contractor to the Authorized Purchasing Entities, or to any replacement provider designated by the Authorized Purchasing Entities (a “Migration-Out”), with no material interruption of, or adverse impact on, the Authorized Purchasing Entities in any way, including on the Services. In the event the Authorized Purchasing Entities elects to terminate any Service (but not all Services in the aggregate) pursuant to the terms hereof, the Contractor shall perform its Migration-Out obligations hereunder to the extent applicable to the Service or Services being terminated. The Contractor’s obligations hereunder regarding the collection and payment to the California Department of Technology of administrative fees shall continue throughout Migration-Out. c) If the Authorized Purchasing Entities determines that the Contractor has not complied, or is unlikely to comply, with Migration-Out requirements identified in the Migration-Out Plan, and such non-compliance was a direct result of the Contractor, Subcontractor or supplier, and not due to any third party or situations outside the control of the Contractor, as determined by the Authorized Purchasing Entities, the Authorized Purchasing Entities may give written notice to the Contractor of non-compliance. After such notice, the Contractor shall provide to the Authorized Purchasing Entities all necessary additional Contractor personnel to accelerate performance as may be required or necessary to timely achieve compliance or, if the Contractor has already failed to comply, achieve compliance within a re-adjusted time frame established by the Authorized Purchasing Entities. The Contractor shall have seven (7) calendar days, or longer if agreed to by the Authorized Purchasing Entities in writing, to achieve compliance.

For each material Migration-Out requirement not completed after the notice of non-compliance period, the Authorized Purchasing Entities shall be entitled to invoice the Contractor for up to $2,000 per day for each material deficiency, not to exceed $10,000 per day for all deficiencies until the Contractor is in material compliance with the requirements of the Migration-Out Plan. The Contractor may exercise its dispute rights under Section 42 (Disputes), in the event that the Contractor disagrees with the Authorized Purchasing Entities application of this Section; however, pending final resolution of any dispute, the Contractor shall diligently proceed without disruption or delay with the performance of the Migration-Out Plan.

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All Migration-Out Services performed by the Contractor during the conversion shall be performed by the Contractor at no additional cost to the Authorized Purchasing Entities beyond what the Authorized Purchasing Entities would pay for the Services.

The Contractor shall provide to the Authorized Purchasing Entities all their data and documentation and other information reasonably requested by the Authorized Purchasing Entities in connection with the conversion that is sufficient to enable the Authorized Purchasing Entities, or another reasonably competent Service provider, to fully assume the provision of any terminated Services. Except as the Contractor is otherwise required to retain such data under the PA or by law, the Contractor shall destroy all copies of Customer data not turned over to the Authorized Purchasing Entities.

The Contractor shall export all artifacts and data to the requesting Customer. The Authorized Purchasing Entities reserves the right to define export data formats, storage media type, locations to which data is to be delivered, and other special criteria deemed necessary for successful Migration-Out. d) To the extent applicable to the Services provided by the Contractor hereunder, the Contractor shall provide to the Authorized Purchasing Entities as complete and accurate an inventory as is reasonably practicable and such other information regarding such items as the Authorized Purchasing Entities reasonably requests and is necessary for Migration-Out of Services.

60.SUBCONTRACTORS
As prime vendor, Contractor is responsible for overall service performance and requires the ability to manage its subcontractors as necessary to fulfill the overall service performance if and when a subcontractor is required.

As additional clarification, Contractor does not consider local exchange carriers to be Contractor’s subcontractors and will not be responsible for the actions or inactions of access providers. In addition, Contractor does not consider subcontractor requirements set forth in this PA to be applicable to any agreements, subcontracts or other business arrangements between Contractor and its affiliates, roaming partners, suppliers, subcontractors or any third-parties relating to the provision of any Products or Services purchased or used by a customer (collectively, “General Supply & Support Agreements”) where such General Supply and Support Agreements were entered into for the purpose of providing Products and Services to Contractor’s customers generally (as opposed to specifically for the applicable Authorized Purchasing Entity).

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61.SECURITY AND POLICIES
Unless otherwise specified in the PA or Purchase Order:

At all times during the Term, in addition to any other requirements in the PA, at all times during the Term, the Contractor shall provide all Services, use all resources related thereto, and use, operate, support, and maintain any systems, in an appropriately secure and commercially reasonable manner (“Security Policies”).

The Contractor shall at all times take all reasonably necessary and appropriate action with regard to the prevention, detection, and elimination, by all appropriate means, of fraud, abuse, and other inappropriate or unauthorized access to and use of systems and the networks involved with the provision or receipt of Services, including the implementation and deployment network management and maintenance applications and tools, the use of appropriate encryption technologies, and other security-related Services. In addition, with respect to the premises of the State and Authorized Purchasing Entities, all Contractor personnel (including personnel of any subcontractors) shall be subject to, and shall at all times conform to, all of the State or Authorized Purchasing Entities’ policies, procedures, rules, and requirements regarding the protection of premises, materials, equipment, and personnel, as the State or Authorized Purchasing Entities shall provide (in writing or electronically) in advance to the Contractor. The Contractor shall, and shall cause the Contractor personnel and subcontractors to, fully comply with and abide by all such Security Policies provided in advance to the Contractor at all times during the Term. Any violation or disregard of such Security Policies by an individual shall be cause for denial of access of such individual to the State or Authorized Purchasing Entities’ property. The Contractor shall exercise due care and diligence to prevent any injury to person or damage to property while on the State or Authorized Purchasing Entities’ premises. The operation of the Contractor vehicles or private vehicles of the Contractor personnel on the State or Authorized Purchasing Entities’ property shall conform to posted and other regulations and safe driving practices. Vehicular accidents on the State or Authorized Purchasing Entities’ property and involving the Contractor personnel shall be reported promptly to the appropriate State or Authorized Purchasing Entities’ personnel. The Contractor shall, and shall cause the Contractor personnel and subcontractors, to not exceed (or attempt to exceed) the level of authorized access, if any, to any networks, computer or electronic data storage systems of the State or Authorized Purchasing Entities’ that may be granted during the Term for purposes only of performing the Services hereunder.

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62.ELECTRONIC WASTE RECYCLING ACT OF 2003
The Contractor certifies that it complies with the applicable requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code. The Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance.

63.USE TAX COLLECTION
In accordance with PCC Section 10295.1, the Contractor certifies that it complies with the requirements of Section 7101 of the Revenue and Taxation Code. The Contractor further certifies that it will immediately advise the State and Authorized Purchasing Entities of any change in its retailer’s seller’s permit or certification of registration or applicable affiliate’s seller’s permit or certificate of registration as described in subdivision (a) of PCC Section 10295.1.

64.EXPATRIATE CORPORATIONS
The Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of PCC Sections 10286 and 10286.1, and is eligible to contract with the State and Authorized Purchasing Entities.

65.DOMESTIC PARTNERS
For contracts over $100,000, the Contractor certifies that the Contractor is in compliance with Public Contract Code Section 10295.3.

66.PRIORITY HIRING
For contracts including Services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Public Contract Code Section 10353.

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CONSENT CALENDAR.

City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Director of Parks, Recreation, and Community Services
Department: Parks & Recreation & Community Services
Subject: Acceptance of $332,662 Fiscal Year 2026-2027 Senior Companion Program Grant – Year 3 of 3 and $155,226 Local Match (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-148 :

1. Ratifying the submission of the application for year three of a three-year grant through the Corporation for National and Community Service’s Senior Companion Program; and

2. Authorizing the City Manager to accept the grant award in the amount of $332,662; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and

4. Authorizing the Director of Finance and Management Services to appropriate $332,662 in federal grant revenue and expenditures, utilize $142,671 in Fiscal Year 2026-2027 General Fund appropriations as the City‘s cash-match, and recognize $12,555 in eligible in-kind contributions, for a total local match of $155,226 and a total Year 3 program budget of $487,888.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The City has been awarded $332,662 for the third and final year of the current AmeriCorps Seniors Senior Companion Program grant cycle. The grant period is July Packet Page. 969

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1, 2026 through June 30, 2027 and supports Senior Companion volunteers who assist older adults with independent living, companionship, transportation, and respiterelated needs.

The Year 3 program budget totals $487,888, consisting of $332,662 in federal funding and a required $155,226 local match. The local match consists of $142,671 in cash contributions and $12,555 in eligible in-kind contributions.

Background
The City has participated in the federally funded Senior Companion Program (SCP) since 1975. The Mayor and City Council most recently ratified and approved on June 16, 2021; August 17, 2022; October 18, 2023, and August 20, 2025, the SCP grant awards for the past 3-Year cycle (2024-2027).

Senior Companion Volunteers have assisted the City’s senior-age adult residents with physical, emotional, and/or mental health limitations or needs. They are provided a small stipend for mileage and meals for their services. Most of the residents are elderly and without family.

Discussion
On June 3, 2026, staff received the Notice of Grant Award letter from the Corporation for National and Community Service (CNCS) for an amount of $332,662. This will be the third year of a 3-Year grant cycle (07/01/2024 – 06/30/2027) administered by the Corporation for National and Community Service (AmeriCorps Seniors).

Throughout 2025–2026, an average of 28 Senior Companion Volunteers provided 47 clients with 25,200 hours of service. They’ve assisted clients with chronic care disabilities, emotional impairment, visual impairment, and provided respite care for their families. This funding would work to continue the administration and operation of the Senior Companion Program.

The City of San Bernardino’s required local match for Year 3 is $155,226, consisting of $142,671 in cash contributions and $12,555 in-kind contributions. The local match supports eligible program costs, including local travel by staff and volunteers, training and conference attendance, program supplies, volunteer mileage, recognition and meal reimbursements, staff salaries and benefits, and applicable administrative and internal service costs.

The Year 3 grant period began July 1, 2026. Senior Companion participants performed July services before the Year 3 grant accounts were established. To avoid further delay in paying participants for services already performed, the City processed $13,316.27 in July payments, representing 2,303 service hours, 298 meals, and 5,483.24 miles.

Finance confirmed sufficient prior-year budget was available for carryover to support the payment and will reconcile the expenditures to the appropriate Year 3 grant accounts following Council approval.

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Strategic Targets and Goals
This request aligns with Key Target 3.c. Constantly Evaluate Public Safety Service Delivery Models to Enhance the Quality of Service by aiding seniors in the community.

Fiscal Impact
The Year 3 Senior Companion Program budget totals $487,888 for the period of July 1, 2026, through June 30, 2027. Funding consists of a $332,662 federal grant award and a required local match of $155,226. The local match consists of $142,671 in cash contributions and $12,555 in-kind contributions. Upon Council approval, the Director of Finance and Management Services will appropriate the grant revenue and expenditures and establish or update the applicable Year 3 accounts.

The $13,316.27 in July Senior Companion payments described above will be reconciled to the appropriate Year 3 grant and local-match accounts following Council approval and completion of the applicable budget carryover and account setup.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-148 :

1. Ratifying the submission of the application for year three of a three-year grant through the Corporation for National and Community Service’s Senior Companion Program; and

2. Authorizing the City Manager to accept the grant award in the amount of $332,662; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and COST $
332,662.00
$ $
332,662.00
$

GENERAL

FUND SHARE
$
155,226.00
$ $
155,226.00
$
SOURCE OF FUNDS:

The general fund share was approved by
MCC at the FY 26/27 budget adoption
meeting.

Budget Adjustment:

For Fiscal Year: 26/27
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4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of July 1, 2026 through June 30, 2027; $332,662.00 in revenue and expenses and $155,226.00 in General Fund grant match requirements, for a total of $487,888.00.

Attachments
Attachment 1 Resolution No. 2026-148
Attachment 2 2026-2027 SCP Grant Application
Attachment 3 2026-2027 SCP Notice of Grant Award Year 3 of 3 Attachment 4 2026-2027 SCP Grant Budget, Year 3 of 3
Attachment 5 2026-2027 SCP Budget Narrative Year 3 of 3 Ward:

All Wards
Synopsis of Previous Council Actions:

August 20, 2025 – The Mayor and City Council adopted Resolution No. 2025-359 accepting the Senior Companion Program grant award in the amount of $332,662 and appropriating the grant funds for the period of July 1, 2025, through June 30, 2026.

October 18, 2023 – The Mayor and City Council adopted Resolution No. 2023-151 accepting the Senior Companion Program grant award in the amount of $332,662 and appropriating the grant funds for the period of July 1, 2023, through June 30, 2024.

August 17, 2022 – The Mayor and City Council approved Resolution No. 2022-180 ratifying the grant application submittal, accepting the grant award of $332,662 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2022 through June 30, 2023.

June 16, 2021 – The Mayor and City Council approved Resolution No. 2021-153 ratifying the grant application submittal, accepting the grant award of $324,812 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2021 through June 30, 2022.

CC
Eric Levitt, City Manager
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Resolution No. 2026-148
Resolution 2026-148
July 15, 2026

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RESOLUTION NO. 2026-148

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE

SUBMISSION OF THE APPLICATION FOR YEAR THREE OF A

THREE-YEAR GRANT THROUGH THE CORPORATION FOR
NATIONAL AND COMMUNITY SERVICE’S SENIOR
COMPANION PROGRAM; AUTHORIZING THE CITY

MANAGER TO ACCEPT THE FEDERAL GRANT AWARD IN
THE AMOUNT OF $332,662; AUTHORIZING THE CITY

MANAGER OR THEIR DESIGNEE TO CONDUCT ALL

NEGOTIATIONS AND EXECUTE AND SUBMIT ALL

DOCUMENTS NECESSARY TO RECEIVE AND ADMINISTER
THE GRANT AWARD; AND AUTHORIZING THE DIRECTOR

OF FINANCE AND MANAGEMENT SERVICES TO
APPROPRIATE $332,662 IN FEDERAL GRANT REVENUE AND
EXPENDITURES AND $142,671 IN CITY CASH-MATCH
EXPENDITURES, AND TO RECOGNIZE $12,555 IN CITY INKIND CONTRIBUTIONS, FOR THE PERIOD OF JULY 1, 2026, THROUGH JUNE 30, 2027, FOR A TOTAL LOCAL MATCH OF
$155,226 AND A TOTAL PROGRAM BUDGET OF $487,888
WHEREAS, the City submitted a Grant Application for federal assistance on April 01, 2026, requesting funding for Year Three of a 3-Year Grant Allocation for the Senior Companion Program; and
WHEREAS, the Notice of Grant Award was received by the City for the Senior Companion Program on June 3, 2026; and
WHEREAS, the City has participated in the federally funded Senior Companion Program for 51 years; and
WHEREAS, individuals ages 55 years and older provide services that promote independent living of senior-age residents who have physical, emotional, or mental limitations and needs that prevent them from fulfilling daily living tasks; and WHEREAS, an average of 28 individual Senior Companion Volunteers provided 47 clients with 25,200 hours of service; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

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Resolution No. 2026-148
Resolution 2026-148
July 15, 2026

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SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratify the submission of the application for Year Three of the Corporation for National and Community Service’s AmeriCorps Seniors Senior Companion Program. The application includes a federal funding request of $332,662, a City local match of $155,226, and a total program budget of $487,888.

SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept the grant award in the amount of $332,662.

SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance and Management Services to appropriate $332,662 in federal grant revenue and expenditures and $142,671 in City cash-match expenditures, and to recognize $12,555 in City in-kind contributions, for the period of July 1, 2026, through June 30, 2027, for a total local match of $155,226 and a total program budget of $487,888.

SECTION 5. The federal grant award and the City’s local matching contributions, together totaling $487,888, shall support the operation of the Senior Companion Program from July 1, 2026, through June 30, 2027. The total program budget consists of $332,662 in federal funding and $155,226 in City matching contributions, including $142,671 in cash and $12,555 in-kind.

SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2
nd day of September 2026.

Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2026-148
Resolution 2026-148
July 15, 2026

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Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Albert Maldonado, City Attorney
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Resolution No. 2026-148
Resolution 2026-148
July 15, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-148, adopted at a regular meeting held on the 2 nd day of September 2026 by
the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 3 rd day of September, 2026.

Telicia Lopez, CMC, City Clerk
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STATE APPLICATION IDENTIFIER:
24SCICA002
FEDERAL IDENTIFIER:
26SC281276
2b. APPLICATION ID:

3. DATE RECEIVED BY STATE:
04/01/26

4. DATE RECEIVED BY FEDERAL AGENCY:

LEGAL NAME: San Bernardino, City of
290 N D ST
NAME: Delores Suarez
(909) 988-2801
TELEPHONE NUMBER:

FAX NUMBER:

INTERNET E-MAIL ADDRESS: [email protected]
956000772

6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT:

8. TYPE OF APPLICATION (Check appropriate box).

If Amendment, enter appropriate letter(s) in box(es):
10a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 94.016 10b. TITLE: Senior Companion Program SCP of San Bernardino

11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:

California: San Bernardino

12. AREAS AFFECTED BY PROJECT (List Cities, Counties, States, etc):

START DATE: 07/01/26 END DATE: 06/30/27 CA 33
a. FEDERAL $ 332,662.00
$ 155,226.00 b. APPLICANT
c. STATE $ 0.00
d. LOCAL $ 155,226.00
e. OTHER $ 0.00
g. TOTAL $ 487,888.00
Lakeisha L. Jackson
a. TYPED NAME OF AUTHORIZED REPRESENTATIVE: b. TITLE:
(909) 384-5413
c. TELEPHONE NUMBER:
05/20/26
e. DATE SIGNED:

Local Government, Municipal
2a. DATE SUBMITTED TO CORPORATION

FOR NATIONAL AND COMMUNITY
SERVICE (CNCS):

1. TYPE OF SUBMISSION:

Non-Construction

5. APPLICATION INFORMATION

NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes):

ADDRESS (give street address, city, state, zip code and county):

A. AUGMENTATION B. BUDGET REVISION
C. NO COST EXTENSION D. OTHER (specify below):

9. NAME OF FEDERAL AGENCY:

Corporation for National and Community Service

13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICT OF:

15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR
REVIEW ON:

DATE:

17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
YES if "Yes," attach an explanation. X NO

18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN

DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.

APPLICATION FOR FEDERAL ASSISTANCE
San Bernardino CA 92401 - 1734
NEW

X CONTINUATION AMENDMENT
7b.
7a.
04/01/26
Local Government - Municipal
f. PROGRAM INCOME $ 0.00

PART I - FACE SHEET
Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System) Application

NEW/PREVIOUS GRANTEE

11.b. CNCS PROGRAM INITIATIVE (IF ANY):

X NO. PROGRAM IS NOT COVERED BY E.O. 12372
d. SIGNATURE OF AUTHORIZED REPRESENTATIVE:

Year #:

X
3 a.Applicant b.Program CA 33
County: San Bernardino
UEI NUMBER: EJLMHR1CMKM7
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Executive Summary
Strengthening Communities
The City of San Bernardino proposes to have 50 AmeriCorps Seniors volunteers who will provide companionship, light housekeeping, assistance with meal prep/nutrition, transportation, family caregiver respite care and social activities in San Bernardino County (Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa). AmeriCorps Seniors Volunteers will serve 37 Volunteer Service Years (VSYs) each year. The primary focus area of this project is Healthy Futures. AmeriCorps Seniors Volunteers will be responsible for increasing the number of seniors receiving essential services and companionship, leading to improved quality of life such as enhanced social connectedness, emotional well-being, and overall satisfaction among both volunteers and their client companions. The AmeriCorps investment of $332,662 will be supplemented by $113,907 in City of San Bernardino general funds.

DESCRIBE AND DEMONSTRATE THE COMMUNITY NEED.

The 2020 U.S. Census Bureau estimates state that there are 261,799 (12.5%) people who are 65 years and older in San Bernardino County with 36,652 (14%) of them living alone. The City of San Bernardino Senior Companion Program area of service is the Inland Empire region of the County.

The Inland Empire is located in the inland valley area of the county. In San Bernardino County there are 13.4% of individuals and families living below the poverty level, which is 1.2% higher than the entire State of California. Our SCP is currently serving 11 communities within San Bernardino County: The San Bernardino Valley cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, Bloomington, Mentone, and Yucaipa. Information obtained from the 2020 Census of the U.S. Census Bureau estimates indicate the population of the communities served is 809,480 and encompasses a 248.4 square mile area. The estimated number of residents over the age of 65 is 88,029 (10.9%). The estimates indicate that 32,380 (4%) of the population are Veterans. The population by ethnicity is 53.6% Hispanic or Latino, and 46.3% Non-Hispanic or Latino.

The population by race is 25.9% White, 7.9% African American, 8% Asian, 0.4% American Indian and Alaskan Native, 0.3% Native Hawaiian and Pacific Islander, 0.5% some other race alone, and 3.1% identified by two or more races. According to the 2020 U.S. Census Bureau, estimates indicate 108,470 (13.4%) of the population in the communities served are below the poverty level. The community served includes mostly low-income homebound older adults and individuals with disabilities. Disability population statistics for San Bernardino County indicates there are 253,072 Packet Page. 978

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(11.6%) that have a disability and, in the community, served the population estimate with a disability is 93,899. Approximately 80% of all calls received by the SCP staff are by individuals with sight impairment as their disability, have lost their ability to drive, and are in need of transportation.

Our SCP volunteers will assist in the primary focus area of Healthy Futures by providing homebound, or older adults and individuals with disabilities, social and emotional services along with transportation to allow each individual live a better independent life.

The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation or depression and a decline in functional abilities in frail elderly and disabled adults in the community. People, generally, are social by nature, and social relations can help them live longer, healthier lives. The daily dynamics associated with the coronavirus pandemic has certainly challenged the effectiveness of our volunteers' activities. Companionship and socialization are important tools in combating loneliness and preventing negative health and medical conditions associated with loneliness. The Center for Disease Control and Prevention (CDC) in November 2020 reported poor social relationships (characterized by social isolation or loneliness) are associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia.

Inland Caregivers Resource Center, Pacific Hospice, and The Visiting Nurses Association, current programs identified by City of San Bernardino SCP, are respite services for caregivers and is one of the most pressing community needs in the Inland Empire. Furthermore, SCP volunteers will provide respite service to caregivers which will improve social ties or perceived social support.

From phone calls by frontline staff, recent past surveys, and interactions with seniors in our community in a multi-faceted service industry (municipal parks and recreation), many seniors have been found to live alone and have little to no contact with the others in the community, and the healthcare practices of social distancing and isolationism, as a result of the coronavirus, provide a "Catch 22" situation. Most of the clients have shared they would not be able to age in place without the help of a Senior Companion, although the virus poses a severe threat to both the senior-age companion volunteer and the senior-age client, who are most vulnerable to the virus. Peace of mind is hard-pressed in both regards, yet the feelings of loneliness brought on by isolation can be devastating, especially to the senior-age population and the disabled who have little or no family to care for them.

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ARTICULATE A THEORY OF CHANGE, MEANING HOW THE SERVICES OF THE

VOLUNTEERS WILL ADDRESS THE COMMUNITY NEEDS AND HOW THE SERVICE ACTIVITY

DESCRIBED PROVIDES A SIGNIFICANT CONTRIBUTION TO THE OUTCOMES OF THE WORK PLAN THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES.

SCP volunteers in the primary focus area of Healthy Futures/Companionship and Respite for Caregivers will provide service activities to include: companionship; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores, and/or food banks; and other services such as pay utilities and legal assistance to help them live more independently.

Current SCP volunteers help with the daily living activities that allow clients to stay living independently longer, especially those with little or no sight and have difficulty with identifying the right medications to take, cooking meals, home cleaning tasks, or responding to e-mails or letter writing. SCP volunteers may also provide direct respite services to caregivers that will provide temporary relief from the stresses of caregiving by providing short term assistance for an adult who is the primary caregiver for another person.

Many Seniors in our service area are homebound, without family nearby, or neighborly contacts to assist them. SCP volunteers provide social and emotional assistance and can be utilized to make wellness calls to future/waitlist clients of the Senior Companion Program. These social and wellness checks give hope and fight the negative effects of depression upon both the physical and mental health of each client, not to mention the benefits that this altruistic behavior extends to the volunteer.

Activity logs and timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of annual client and caregiver surveys that should reflect the benefits of the program, as well as monthly testimonials to be reported.

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LOGICALLY CONNECTS ALL ELEMENTS TOGETHER, AS DESCRIBED IN THE NOTICE. o THE COMMUNITY NEED(S) IDENTIFIED;
The community served includes mostly low-income homebound older adults and individuals with disabilities in need of companionship, transportation, assistance to obtain food and essential needs as well as medical services. Caregivers are in need of respite services to allow them short-term, temporary relief from the stresses of caregiving and of an increase in social support of the client. o THE SERVICE ACTIVITIES THAT WILL BE CARRIED OUT BY AMERICORPS SENIORS VOLUNTEERS;
AmeriCorps Seniors Volunteer service activities will include: companionship; respite services; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. o THE INSTRUMENT DESCRIPTION AND DATA COLLECTION PLANS; SCP staff will routinely conduct client and caregiver surveys that measure desired outcomes. Surveys will be collected and measured based on the measurement tool instructions. Surveys will be kept on file in the SCP office. Survey outputs and outcomes will be reported in the annual progress report in the E-grants system. Monthly testimonials will also be routinely provided. o WORK PLANS THAT INCLUDE TARGET NUMBERS THAT LEAD TO OUTCOMES OR

OUTPUTS, AND ARE APPROPRIATE FOR TOTAL NUMBER OF VOLUNTEERS ASSIGNED TO THE WORK PLAN;
Target numbers are based on 2 - 4 individuals per volunteer and outcomes are based on prior years of clients.
- 5 unduplicated volunteers will provide respite services/companionship to 10 - 20 caregivers. - 30 unduplicated volunteers will provide Companionship, Nutrition/Food Support, Transportation, and Medical Services to 90 - 120 individuals.

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Recruitment and Development

WORK PLAN OUTPUTS AND OUTCOMES ALIGN WITH NATIONAL PERFORMANCE MEASURES REQUIREMENTS.

SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include transportation to medical appointments, pharmacies, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. SCP volunteers will provide direct respite services to caregivers. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of client and caregiver satisfaction surveys in addition to direct VSY data.

WORK PLAN OUTPUTS AND OUTCOMES ARE ACHIEVABLE, BASED ON RESOURCES, PROGRAM DESIGN, AND VOLUNTEERS ENGAGED.

The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 49 years. The Department has organized personnel to ensure the success of the Program. The Director of Parks, Recreation and Community Services Department, Lydie Gutfeld, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. The City of San Bernardino also has two full time employees that work solely with the SCP program to assure work plans are achieved and in support of the program. The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Alzheimer's Association, Family Service Agency, and other various Community organizations, as well as Senior Community Centers.

Recruitment and Development:

YOUR PLAN AND INFRASTRUCTURE TO ENSURE AMERICORPS SENIOR VOLUNTEERS

RECEIVE TRAINING NEEDED TO SUCCEED IN THE SERVICE ACTIVITIES DESCRIBED IN THE WORKPLAN.

SCP staff working with our Advisory Council and station supervisors will use prior assignment plans and needs of community as well as needs of volunteers to assist us in developing the topics for our Packet Page. 982

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monthly In-Service training and include those topics in our 20 hour pre-service orientation. New volunteers are required to go through 20-hour pre-service orientation training with the program coordinator. Training may include, and is not limited to, SCP handbook review, policies, and procedures, Modules from CNCS website, training from Alzheimer's Association website, "What would you do?" videos from CNCS, and available client resources in the community such as food distribution, local senior center services, mental health care, legal assistance, funeral/trust/will planning retirement, insurance fraud, personal safety, and other information of interest to senior-age individuals.

As our focus area is Healthy Futures, our in-service training will include, but not be limited to: how to avoid slips and falls, making good decisions about driving, Alzheimer's/Dementia, how to maintain a healthy brain, how to prevent mail fraud and other financial scams that target seniors, safe use of medications, healthy eating and nutritional information, and exercises for elderly and disabled adults, to name a few. We will include training on area specific disaster planning such as earthquakes and, of course, the latest information on disease control, especially regarding the COVID-19 virus. SCP staff will network with other community organizations to secure speakers to give presentations and informational handouts. Sign-in sheets will be used to monitor volunteer involvement.

THE COMMUNITY SERVED AND PLANS TO RECRUIT A VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED.
o The SCP staff will recruit new volunteers and clients at community outreach events, health fairs, and other venues/networks with local agencies. We will advertise on the City website, on several local electronic marquees, local hard-print media sources, as well as our readily available social media sources. We will attend routine community meetings focused on senior-age services provided by the County of San Bernardino. Another plan to recruit volunteers will be to collaborate with Healthcare plan Representative to attend community focused meetings and connect with community organization representatives. We will also advertise at local low-income senior housing communities and Senior Centers primarily through flyer postings and phone calls. We will send our recruitment flyers and brochures bi-annually to an extensive mail list of local churches, golf clubs, businesses providing senior services (auto repair shops, hair styling and beauty shops, laundry facilities, travel and tour agencies, etc.), community service groups who tend to have older board members, and other senior living facilities.

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o VETERANS AND MILITARY FAMILY MEMBERS AS AMERICORPS SENIORS VOLUNTEERS SCP staff will establish a communication network with volunteer center coordinators and social workers at the Veterans Hospital in Loma Linda as a significant outlet in its recruitment efforts to attract volunteer veterans and military family members to become SCP volunteers. We will also visit veteran organizations in our service area to make face-to-face appeals before their boards and memberships: The American Legion, Veterans of Foreign Wars, The Eagles, and The Elks. o AMERICORPS SENIORS VOLUNTEERS WITH DISABILITIES
The SCP staff will assist volunteers with disabilities to accommodate their needs, such as reading for individuals who are illiterate or accommodating work assignments to meet the ability of volunteer's limitations, such as provision of a walker or cane. SCP staff will attend the Department of Aging and Adult Services (DAAS) quarterly meetings and events to recruit individuals with age-related disabilities.
o AMERICORPS SENIOR VOLUNTEERS BETWEEN THE AGES OF 55 AND 70 YEARS OLD The City of San Bernardino SCP does have an age requirement for eligibility of 55 or older for volunteers. SCP staff will verify age with the volunteer's Government-issued driver's license or identification card.

YOUR PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE AMERICORPS SCP VOLUNTEERS.

SCP staff will plan, coordinate, and implement an Annual Volunteer Recognition Event for all volunteers near the latter part of the fiscal year. Each volunteer is recognized for their volunteer service with a meal, a gift or gift bag filled with goodies, and a certificate of appreciation which includes their years of service, most hours served, and most clients serviced. The program will also hold a Holiday Social in December as a mid-year inspiration for the volunteers, with gifts and festivities as well. The program will also recognize volunteers at our monthly in-service meetings for specific outstanding actions and recognize volunteers who have upcoming birthdays, sharing a birthday song and cake. In addition to being recognized during the program's monthly in-service meetings, SCP volunteers will enjoy light refreshments. The program may receive In-Kind donations Packet Page. 984

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Program Management
for the holiday event and Annual Volunteer Recognition Event, cake donations, gift cards, items for goodie bags, etc. SCP staff also provides guidance and an "Open Door" policy for volunteers to share concerns and gain support for their needs or just for peace of mind. Another way we retain volunteer service is by conducting an annual SCP Volunteer Satisfaction Survey from all volunteers and following through with their input where possible. All information received from the survey is reported and we will address any areas of dissatisfaction immediately and with finality.

THE PLANS AND INFRASTRUCTURE TO ENSURE MANAGEMENT OF VOLUNTEER STATIONS

ARE IN COMPLIANCE WITH AMERICORPS SCP PROGRAM REGULATIONS (SUCH AS PREVENTING OR IDENTIFYING PROHIBITED ACTIVITIES).

Through the Memorandum of Understanding (MOU) agreement (which includes the self-certification section to ensure that all volunteer stations are public or private non-profit organizations or licensed proprietary health care facilities), each volunteer site agrees to follow the guidelines that are set inside the agreement. Through periodic unannounced and announce visits to volunteer station sites and interaction with the volunteer supervisors the program is able to see the work that is being done and may be able to identify and prevent prohibited activities. Each Site Supervisor will be provided a policies and procedures manual with pertinent forms included. The information of the Site Supervisor will be periodically updated as the contact information may change. They are also responsible to give the Companion their work assignment and provide SCP staff with and assignment plan or care plan and a signed Letter of Agreement. New volunteer stations are developed through an on-site visit with the station site supervisor and staff to explain how we can help their clients, what our respective roles and responsibilities will be, and defining the supervisor and communication channels. The SCP Director/Coordinator will assign Companions to the volunteer site to develop skills and capabilities that would prepare the Companion for needed community service to the agency. All Companion assignments must meet the following stipulations: Create new or expand existing community services, provide meaningful work and the opportunity to learn new skills that can possibly help both the Companion and the client, and all volunteer stations must be in a safe, drug-free and healthy environment. The Coordinator of Volunteers provides oversight of each volunteer site supervisor. As needed the SCP Coordinator will research organizations in the service area to recruit new stations in line with work plans and regulations.

YOUR PLAN AND INFRASTRUCTURE TO DEVELOP AND/OR OVERSEE VOLUNTEER Packet Page. 985

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STATIONS TO ENSURE THAT VOLUNTEERS ARE PERFORMING THEIR ASSIGNED SERVICE ACTIVITIES.

SCP staff will perform quarterly volunteer station visits. During those visits client and/or caregiver assignment plans or care plans will be discussed and evaluated with each volunteer station supervisors to ensure that volunteers are performing their requested activities. A simple checklist to document the visit will be developed and utilized going forward. If changes or additions to volunteer's activities need to be made, a new care plan will be devised during that time and immediately implemented. Site Supervisors will do annual assessments with clients to update assignment plans. Timesheets will be used, including client name and initialed dates of service, to ensure volunteers are performing their assigned service activities. Site Supervisors are responsible for approving timesheets and to make sure that the pay period dates, number of hours volunteered, and dates of volunteering are correct for the month being reported.

YOUR EXPERIENCE AND ORGANIZATIONAL TRACK RECORD IN WORK PLANS THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES.

SCP volunteers have provided volunteer service to the City of San Bernardino for close to fifty years! The program has always provided personal one-on-one service to senior citizens, then to disabled adults, and then to caregivers. SCP Volunteers provide companionship, nutrition/food support, transportation to medical services/appointments to individuals who have reported as having significantly decreased life-enhancing social ties or perceived social support. The greatest challenge by far is related to the efficient recruitment of qualified volunteers, especially when the average age of the volunteer Companion is 70 years and turnover is high due to normal death rates. One reason we are successful in recruitment is because we have employed two full-time, benefitted employees to manage the Program. Annual and semi-annual progress reports have always been evaluated as favorable and on-time, with prompt resolution of any discrepancies.

DEMONSTRATE PLANS TO ENSURE VOLUNTEER SAFETY WHILE IN SERVICE:
we will prioritize cultivating an environment that fosters safety. Through our Memorandum of Understanding agreements and regular site visits, we emphasize the importance of creating volunteer stations that are welcoming to individuals. Each volunteer site supervisor will receive training and Packet Page. 986

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Organizational Capability
support to ensure they understand and uphold AmeriCorps polices and procedures. We provide resources such as policies and procedures, manuals and periodic updates to ensure that supervisors are equipped to maintain a safe and supportive environment for volunteers. Additionally, we actively engage with volunteer stations to address any concerns or issues, and we encourage open dialogue and feedback from volunteers to continuously improve our practices. We aim to create a fulfilling experience for volunteers while maximizing the positive impact of our program on the communities we serve.

YOUR PLANS AND INFRASTRUCTURE TO PROVIDE SOUND PROGRAMMATIC AND FISCAL

OVERSIGHT (BOTH FINANCIAL AND IN-KIND) AND DAY-TO-DAY OPERATIONAL SUPPORT

TO ENSURE COMPLIANCE WITH AMERICORPS SENIORS SCP REQUIREMENTS (STATUTES,

REGULATIONS, AND APPLICABLE OMB CIRCULARS) AND TO ENSURE ACCOUNTABILITY AND EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES. o COMPLIANCE WITH AMERICORPS SENIORS SENIOR COMPANION PROGRAM

REQUIREMENTS(STATURES, REGUALTIONS, AND APPLICABLE OMB CIRCULARS) The City of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City. The City Manager is the Chief Administrative Officer, who directs most City departments. The Department of Parks, Recreation and Community Services directly oversights the SCP project, whereas the Finance Department's sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. These are all subject to Council approval and are maintained by the Finance and City Manager Departments. The City's program-based Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 13 city departments. This department acts as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. o ACCOUNTABILITY
The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and timely Packet Page. 987

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Narratives
fiscal reporting system for the Senior Services Division of the Parks, Recreation and Community Services Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years' performance objectives of AmeriCorps Seniors. The City's Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use is administered by the Parks, Recreation and Community Services Department staff and further supported by the Finance Department staff, especially for travel and reimbursements for volunteers. The City of San Bernardino is celebrating forty-six years of demonstrated services as a provider of Volunteer Service Programs for youth and seniors. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 49 years. The Director of Parks, Recreation and Community Services Department, Lydie Gutfled, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large.

Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager.

YOUR ORGANIZATION'S CAPACITY TO:
o DEVELOP AND IMPLEMENT INTERNAL POLICIES AND OPERATING PROCEDURES TO

PROVIDE GOVERNANCE AND MANAGE RISK, SUCH AS ACCOUNTING, PERSONNEL MANAGEMENT, AND PURCHASING.

The Director of Parks, Recreation and Community Services is responsible for the activities of its human resources, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage the development and use of their own budget, and each department head is accountable to the City Manager. An independent auditor reviews City financial records annually.

REPORTING MECHANISM AND TRAINING PLAN:

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Narratives
The City of San Bernardino has an effective mechanism for reporting suspected criminal activity, waste, fraud, and/or abuse to both the AmeriCorps Office of Inspector General and AmeriCorps. This mechanism involves designated points of contact within the Parks, Recreation and Community Services Department who are responsible for receiving and documenting reports of suspected misconduct. Reports are promptly forwarded to the appropriate authorities for investigation and resolution.

By implementing these measures, the City of San Bernardino demonstrates its commitment to maintaining integrity, accountability, and transparency in its operations, ensuring that any instances of suspected misconduct are addressed promptly and appropriately.

Additionally, the City can plan and develop a training plan to educate staff and participants on reporting protocols. Training sessions include information on recognizing signs of misconduct, understanding reporting procedures, and ensuring timely and accurate reporting. Training opportunities can be provided regularly to both staff and volunteers, with a focus on promoting awareness and understanding of the importance of reporting suspected violations. o EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES
The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Catholic Charities, Lighthouse for the Blind, Meals on Wheels, Family Service Agency, and various Community and Senior Centers. The SCP program effectively uses The City of San Bernardino Fifth Street Senior Center to hold In-service training meetings. SCP also benefits from knowledge of local organizations on valuable training for volunteers.

The City of San Bernardino Parks, Recreation and Community Services Department is constantly seeking alternative funding resources, cash or in-kind, in support of their community serving mission.

The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program -- 1978 -- Present; San Bernardino Head Start Program -- 1992 -- 2009; Nutrition Network Program -- 1998 -- 2016; San Bernardino Mentoring Program -- 1992 -- 2009; RSVP (Retired Senior Volunteer Program) -- 1975 -- Present; SCP (Senior Companion Program) -- 1975 -- Present; and Kaiser Hospital Community Foundation Grant 2008 -- Present.

Outdoor Equity 2021 -- Present;
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CLEARLY DEFINED PAID STAFF POSITIONS, INCLUDING (AS APPLICABLE)

IDENTIFICATION OF CURRENT STAFF ASSIGNED TO THE PROJECT AND HOW THESE POSITIONS WILL ENSURE THE ACCOMPLISHMENT OF THE PROGRAM OBJECTIVES.

The City Manager's Office oversights most city services, including that of the SCP and all grantfunded programs especially. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark, CPA) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports, including audit reviews. The Department of Parks, Recreation and Community Services directly administers the SCP project. From top down, the chain of command is the Director/Department Head (Lydie Gutfeld), the Community Recreation Manager (Mitch Assumma), the Community Services Supervisor (LaKeisha Jackson), and the SCP Coordinator (Oscar Rivas), the SCP Coordinator of Volunteers (Delores Suarez). The Director of the Parks, Recreation and Community Services Department reports to the City Manager. The SCP Coordinator - SCP's responsibilities include, but are not limited to, assigning volunteers to volunteer stations, conducting volunteer station visits, maintaining budget and expenditure records, grant reporting in E-grants, recruitment of volunteers and volunteer sites, building public awareness and support for the SCP, planning and implementing recognition for the volunteers, attending grant workshops and training conferences and completing reports for the corporation and the sponsor. The Coordinator of Volunteers assists the SCP Coordinator in all areas of the Program coordination in ways relevant to the position's authority, but is most responsive to daily client and companion service needs.

The Community Recreation Manager (Mitch Assumma) has administered the SCP in San Bernardino for over 14 years as Manager of the Senior Services division. He has over 35 years of experience in managing municipal services in the parks and recreation field. Mr. Assumma holds a Master's Degree in Public Administration, and a Bachelor's Degree in Recreation Administration. o MANAGE CAPITAL ASSETS SUCH AS FACILITIES, EQUIPMENT, AND SUPPLIES.

The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through a combination of the City's General Fund and various Packet Page. 990

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Other
Federal and State grants. The 5th Street Senior Center is ADA compliant and is currently being used for administration, training and meetings, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, play equipment, kitchen equipment for full meal preparation, sound and PA system, and office management; the grant-funded Senior Nutrition Program also operates out of the 5th Street Senior Center along with lunch meal serving at five other locations. All health and safety OSHA requirements are followed. The City's Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City's chain of command, utilizing best practice principles.

The City of San Bernardino has implemented a robust data collection system to monitor, evaluate, and enhance volunteer activities, aligning with National Performance Measure requirements.

Utilizing volunteer timesheets, Excel forms, and client surveys, the program captures a comprehensive range of data on volunteer engagement, service delivery, and client outcomes.

Volunteers diligently track their hours and document service details through timesheets, while Excel forms provide a platform for recording in-depth information on volunteer duties and client interactions. This structured approach enables the program to assess volunteer participation, evaluate service effectiveness, and measure progress against performance indicators.

Moreover, client surveys are conducted to solicit feedback on satisfaction levels, service outcomes, and areas for improvement. Integrating client perspectives into data analysis enhances the program's understanding of client needs and preferences, guiding service customization and improvement initiatives. By leveraging insights from client feedback alongside volunteer data, the program aims to optimize service delivery and demonstrate meaningful impact within the community.

Furthermore, the program's data collection framework supports evidence-based decision-making, program evaluation, and reporting. By harnessing the combined power of timesheets, Excel forms, and client surveys, the program enhances volunteer program management, improves service quality, and reinforces accountability in achieving program objectives.

Despite challenges in securing non-federal support, our organization remains deeply committed to program sustainability, with a longstanding history of oversight and continued financial contributions Packet Page. 991

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of 20-30% of the funding. Recognizing the importance of maximizing resources and ensuring longterm viability, we are dedicated to optimizing internal processes, leveraging federal funding effectively, and maintaining cost-efficient operations. Through strategic financial management and a steadfast commitment to our mission, we aim to sustain program impact and continue serving seniors and communities effectively for years to come.

Additionally, our organization will be accepting the one-time grant of $2,500 designated for travel and training purposes. This funding will support volunteer development initiatives, including training sessions, workshops, and conferences, enhancing the capacity and skills of our volunteers to deliver high-quality services to the community.

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Performance Measures
% of Unduplicated Volunteers in Work Plans that result in Outcomes:
% of Unduplicated in the Primary Focus Area:
100%
100%
Healthy Futures Aging in Place 1
5 3
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

1.1 2.1
Performance Measure:

Performance Measure:

Focus Area:

Companionship
Companionship
Service Activity: Companionship
Service Activity
Description:

Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress. Our Respite Care program offers essential breaks to caregivers, allowing them time to prioritize their own well-being. We aim for independent in-home clients to experience reduced social isolation and prolonged independence at home, while providing caregivers the opportunity to attend to personal matters or work commitments.

Respite care for seniors is provided on an ongoing and as-needed basis. Ideally, AmeriCorps Senior Companions would spend four hours with a client twice a week. However, flexibility is key, and we tailor our support to meet individual needs. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout.

By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care.

Promoting independent living among older adults fosters autonomy and enriches their lives by allowing them to receive in-home services while maintaining the freedom to pursue hobbies, engage socially, and manage daily tasks independently. This autonomy positively impacts emotional well-being, cognitive skills, and memory function. Our Emotional and Social Care program provides tailored support to meet the emotional and social needs of older adults. AmeriCorps Senior Companions ideally spend four hours with a client twice a week, providing compassionate Community Need to be Addressed:

Community Need to be Addressed:

H4A: Number of individuals served Anticipated
H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated
Target: 6 How Measured: Tracking System
Instrument Description: Client intake form and assignment care plan for each client indicating respite care is being provided.

Target: 6 How Measured: Tracking System
Instrument Description: Surveys and Assignment Care Plan Packet Page. 993

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Healthy Futures
Healthy Futures
Aging in Place
Aging in Place
1 1
5 4
Objective:

Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

2.1 3.1
Performance Measure:

Performance Measure:

Focus Area:

Companionship
Nutrition/Food Support
Service Activity: Companionship
Service Activity
Description:

SCP volunteers will provide social and emotional well-being. The client will receive a sense of belonging and develop positive meaningful relationships. AmeriCorps Senior Companions would spend four hours with a client twice a week.
companionship, emotional support, and assistance with social engagement. The program is flexible, accommodating individual needs as they arise.

To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need.

Promoting independent living among older adults foster autonomy and enriches their lives by allowing them t receive in-home services while maintaining the freedom to pursue hobbies, engage socially, and manage daily task independently. This autonomy positively impact emotional well -being, cognitive skills, and memory function. Our Emotional and Social Care program provides tailored support to meet the emotional and social needs of older adults. AmeriCorps Senior Companion ideally spend four hours with a client twice a week, providing compassionate companionship, emotional support, and assistance with social engagement. The program is flexible, accommodating individual needs as they arise. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need.

Community Need to be Addressed:

H4A: Number of individuals served Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
Target: 6 How Measured: Tracking System
Instrument Description: Client intake form and client/companion assignment Target: 6 How Measured: Tracking System
Instrument Description: Survey measuring the client's social emotional well-being Packet Page. 994

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Healthy Futures Aging in Place 1
5 4
4 4
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Unduplicated
Anticipated
Volunteer
Anticipated
Volunteer

3.1 4.1
Performance Measure:

Performance Measure:

Focus Area:

Nutrition/Food Support
Elder Justice: Fraud and Scam Prevention
Nutrition/Food Support
Elder Justice: Fraud and Scam Prevention
Service Activity:

Service Activity:

Service Activity
Description:

SCP Volunteers may transport older adult clients to local senior community centers to receive a free meal.

AmeriCorp Senior Companions would spend four hours with a client twice a week.

The program is flexible, accommodating individual needs as they arise. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need
Community Need to be Addressed:

H4A: Number of individuals served Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
Target: 6 How Measured: Tracking System
Instrument Description: Client intake forms and client/companion assignment plan Target: 5 How Measured: Tracking System
Instrument Description: Survey measuring the clients social emotional well-being Packet Page. 995

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Healthy Futures Aging in Place 1
4 3
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

4.1 6.1
Performance Measure:

Performance Measure:

Focus Area:

Elder Justice: Fraud and Scam Prevention
Transportation
Service Activity: Transportation
Service Activity
Description:

Service Activity
Description:

SCP Volunteers will be provided workshops with information about elder abuse. AmeriCorp Senior Companions would spend four hours with a client twice a week.

SCP Volunteer may transport clients to grocery store, post office, medical appointments, and other necessary transportation needs. AmeriCorps Senior Companions would spend four hours with client twice a week.

Community Need to be Addressed:

H4A: Number of individuals served
H4A: Number of individuals served
Anticipated
Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
6 6
Tracking System
Tracking System
Target:

Target:

How Measured:

Instrument Description:

Client intake form and client/companion assignment plan Client intake forms and client/companion assignment plan Target: 5 How Measured: Tracking System
Instrument Description: Survey measuring the clients social and emotional well-being Packet Page. 996

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Healthy Futures Aging in Place 1
4 3
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

6.1 7.1
Performance Measure:

Performance Measure:

Focus Area:

Transportation
Nutrition/Food Support
Service Activity: Nutrition/Food Support
Service Activity
Description:

SCP Volunteers may transport older adult clients to local senior community centers to receive a free meal.

AmeriCorp Senior Companions would spend four hours with a client twice a week.

Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress.

Our Respite Care program offers essential breaks to caregivers, allowing them time to prioritize their own well-being. We aim for independent in-home clients to experience reduced social isolation and prolonged independence at home, while providing caregivers the opportunity to attend to personal matters or work commitments.

By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care.

Community Need to be Addressed:

H4A: Number of individuals served Anticipated
H14: Number of caregivers who reported having increased social ties/perceived social support H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated
Anticipated
Target: 6 How Measured: Tracking System
Instrument Description: Client intake form and assignment care plan for each client indicating respite care is being provided Tracking System
Tracking System
5 5
Target:

Target:

How Measured:

Instrument Description:

Survey measuring the clients social emotional well-being Survey and assignment plans
Packet Page. 997

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Healthy Futures Aging in Place 1
5 3
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer

8.1 9.1
Performance Measure:

Performance Measure:

Focus Area:

Elder Justice: Fraud and Scam Prevention
Transportation
Service Activity: Elder Justice: Fraud and Scam Prevention Service Activity
Description:

SCP Volunteers will be provided workshops with information about elder abuse. AmeriCorp Senior Companions would spend four hours with a client twice a week.

Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress.

By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care.

Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress.

Community Need to be Addressed:

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For Official Use Only
Healthy Futures Aging in Place 1
5 3
Objective:

Number of
Volunteer
Stations:

Anticipated
Unduplicated
Anticipated
Volunteer
Performance Measure: 9.1
Focus Area:

Transportation
Service Activity: Transportation
Service Activity
Description:

By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care.

H4A: Number of individuals served Anticipated
H9A: Number of individuals who report having increased social support or improved capacity for inde Anticipated
Target: 6 How Measured: Tracking System
Instrument Description: Client intake form and client/companion assignment plan Target: 6 How Measured: Tracking System
Instrument Description: Survey measuring the clients social emotional well -being Packet Page. 999

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Required Documents
Applicant Operational and Financial Management Survey (OFMS) Document Name
Already on File at CNCS
Status
Packet Page. 1000

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Packet Page. 1001

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For Official Use Only
The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22).

Purpose
CFDA No.: 94.016
290 N D ST San Bernardino CA 92401-1734
Agreement No.: 24SCICA002
Amendment No.: 4
San Bernardino, City of
Grantee
EIN: 956000772
Performance Period: 07/01/2024 - 06/30/2027
Budget Period: 07/01/2026 - 06/30/2027
Notice of Grant Award Corporation for National and Community Service Award Information
Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/2026- 01/Revised_FY2026_General_Terms_and_Conditions.pdf and the Program Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/2026-04/2026-FGP-SCP-Terms-and-Conditions.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines.

Funding Information
Previously
Awarded
This Year
This Award/
Amendment
Total Obligated by CNCS $0 $332,662
Grantee's Unobligated
Balance (Carryover)
$0 $0
Total Available $0 $332,662
Total CNCS Funds Awarded to Date
Cumulative Funding for Project Period
Total Awarded in Previous Amendments $667,824
Senior Companion Program
$1,000,486
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
Total Current
Year
$332,662
$0
$332,662
For Official Use Only
Funding Source and Amount
2026--OPE1-P77-OPO-26000-4101 $332,662.00
Grant Year: 3
Year 3
UEI: EJLMHR1CMKM7
Award Description
This award funds the approved 2026–27 SCP program. Your 2026–27 statutory match is 10% and your budgetary match is

31.82%.

Corporation for National and Community Service:

Packet Page. 1002

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For Official Use Only
CFDA No.:

West Region
290 N D ST San Bernardino CA 92401-1734
Agreement No.: 24SCICA002
Amendment No.: 4
San Bernardino, City of
Grantee
EIN: 956000772
Performance Period: 07/01/2024 - 06/30/2027
Budget Period: 07/01/2026 - 06/30/2027
Stacy Bishop
Notice of Grant Award
Award Information
Senior Grants Officer
Grants Officer
Program Officer
Senior Companion Program
06/03/2026
250 E Street SW, Suite 300
Washington, DC 20525-0001
(202) 606-5000
For Official Use Only
Grant Year: 3
Delores Suarez
Project Director
Lakeisha L. Jackson
Certifying Official/Executive Officer
Signature Award Date
San Bernardino, City of
Legal Applicant
UEI: EJLMHR1CMKM7
Packet Page. 1003
San Bernardino, City of
June 9, 2026 6:36 PM

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Form 424A Modified SF-424A (4/88 and 12/97)
RPT_BGT_424
SCP of San Bernardino
A. Project Personnel Expenses
B. Personnel Fringe Benefits
C. Project Staff Travel
D. Equipment
E. Supplies
F. Contractual and Consultant Services
I. Other Volunteer Support Costs
J. Indirect Costs
A. Stipends
B. Other Volunteer Costs
Supplemental Stipend
FICA
Health Insurance
Retirement
Life Insurance
Local Travel
Long Distance Travel
Criminal Background Check
Corporation Funded
Non-Corporation Funded
Non-Stipended
Meals
Uniforms
Insurance
Recognition
Volunteer Travel
Physical Examinations
0 53,448
11,426
0 2,736
2,500
1,325
154,512
0 44,400
0 993
4,600
62,160
0 0
26,724
6,655
0 1,000
1,500
0 154,512
0 41,500
0 993
2,300
33,190
0 0
26,724
4,771
0 1,736
1,000
1,325
0 0
2,900
0 0
2,300
28,970
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
102,659
31,049
3,600
12,480
61,595
893
1,800
0 41,064
30,156
1,800
12,480
0 0
0 0
$100,167
$232,495
$121,056
$34,170
$221,223
$266,665
$0
$0
Section I. Subtotal
Section II. Subtotal
$34,272
$2,500
$0
$154,512
$77,983
Total Amt CNCS Share Grantee Share Excess Amount
$61,651
$2,736
$13,805
$0
$34,170
$95,923
$5,236
$13,805
$154,512
$112,153
$0
$0
$0
$0
$0
Total
Total
Total
Total
Total
Budget Totals $487,888 $332,662 $155,226 $0
Budget Dates: 07/01/2024 - 06/30/2027
Section I. Volunteer Support Expenses
Section II. Volunteer Expenses
Funding Percentages
Application ID: 26SC281276

68.20% 31.80%
Required Match
# of years Receiving CNCS Funds

10.00%
3 Packet Page. 1004
Packet Page. 1005
Packet Page. 1006
Packet Page. 1007
Packet Page. 1008

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Acceptance of $353,26 Fiscal Year 2026-2027 Older Californians Nutrition Program Funding, Amendment No. 2 to County Contract No. 22-666, and Related Vendor
Agreements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-149 approving FY 2026/27 Older Californians Nutrition Program Grant Amendment and Related Agreements:

1. Ratify the execution of Amendment No. 2 to County Contract No. 22-666 with the County of San Bernardino for the Older Californians Nutrition Program, extending the contract term through June 30, 2027.

2. Accept the FY2026/27 Older Californians Nutrition Program funding allocation in the amount of $353,260 and recognize $229,446 in City matching contributions, for a total FY2026/27 program budget of $582,706.

3. Approve a Goods Purchase Agreement with Sysco Riverside, Inc. and authorize a purchase order in an amount not to exceed $220,000 for FY2026/27.

4. Approve the applicable agreement with Hollandia Dairy, Inc. and authorize a purchase order in an amount not to exceed $26,000 for FY2026/27.

Packet Page. 1009
City Manager's Comments
The City Manager recommends approval.

Executive Summary
The City of San Bernardino receives funding from the County of San Bernardino to operate the Older Californians Nutrition Program (OCNP), which provides nutrition services to eligible older adults within the community.

For FY2026/27, the County-approved program budget provides $353,260 in program funding and identifies $229,446 in City matching contributions, resulting in a total program budget of $582,706. The County-approved budget establishes a minimum matching requirement of $31,996.80, which is exceeded by the City's budgeted matching contribution.

Approval of the recommended actions will allow the City to continue operating the OCNP through June 30, 2027 and provide the contractual, purchasing, and budget authority necessary to support program operations.

Approval of the recommended actions will allow the City to continue operating the OCNP through June 30, 2027, and provide the contractual, purchasing, and budget authority necessary to support program operations.

Background
The City of San Bernardino provides a senior nutrition program for seniors in the City, 60 years of age and older, providing lunch and dinner meals, Monday-Friday, yearround.

During FY2025/26, the Older Californians Nutrition Program served approximately 62,893 meals, with a daily average of 264 individual clients, at six nutrition sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center.

Meals are prepared at the main kitchen located at the 5th Street Senior Center and transported to the City's satellite nutrition sites.

Discussion
Packet Page. 1010
The Older Californian Nutrition Program (formerly the Senior Nutrition Program) is supported by funding received from the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG, formerly DAAS) through County Contract No. 22-666. After the State Augmentation funding timeline was extended through June 2027, the State Augmentation Funds and NSIP (Nutrition Services Incentive Program) were reduced, and the ARP (American Rescue Plan) funds were increased. On June 16, 2026, the County of San Bernardino DAAS-PG issued an email of Budget Approval (County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget, City of San Bernardino IIIC 2026- 27) to the City of San Bernardino, approving $353,260 for FY2026/2027 to provide Elderly (Older Californians) Nutrition Program Services. Amendment No. 2 to County Contract No. 22-666 extends the contract through June 30, 2027 and provides for an additional year of Older Californians Nutrition Program services.

On March 25, 2025, the Purchasing Division of the Finance Department issued RFQ No: F-25-4035 for Food Supplies and Consumable Products for the Older Californians Nutrition Program and advertised through the online bid management provider Planetbids.com. Proposals were due on April 10, 2025, at 3:00 PM, PDT. Of the bidders that responded, it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders. Staff recommends approval for the issuance of purchase orders as follows:

Sysco Foods: $220,000
Hollandia Dairy: $26,000
Nutrition consulting services are also required to support the Older Californians Nutrition Program. The City will not be continuing services with the current nutrition consultant for FY2026/27 and will work with the appropriate departments to procure a qualified replacement consultant in accordance with the City's purchasing requirements. Any necessary agreement or purchase order approvals for the replacement consultant will be brought forward separately, as required.

These actions will allow the Older Californians Nutrition Program to continue providing nutrition services to the City's senior population while the City completes the process to secure replacement nutrition consulting services.
2021-2025 Strategic Targets and Goals
This proposal aligns with Goal No. 1: Financial Stability by securing a long-term revenue source and creating a framework for spending decisions, Goal No. 2:

Focused, Aligned Leadership and Unified Community by developing and implementing a community engagement plan, and Goal No. 3: Improved Quality of Life by providing low-cost nutritious meals for the senior aged population.

Fiscal Impact
The County-approved FY2026/27 Older Californians Nutrition Program budget provides $353,260 in program funding and identifies $229,446 in City matching Packet Page. 1011
contributions, resulting in a total program budget of $582,706. The County-established minimum matching requirement is $31,996.80, which is exceeded by the City's budgeted matching contribution. The City match of $229,446 support operating costs to continue the program. Approval of this item will authorize the Director of Finance to make the necessary FY2026/27 budget amendments and establish or modify the appropriate revenue and expenditure accounts associated with the grant and City matching contributions.

The FY 2026/27 Older Californians Nutrition Program budget totals $582,706, consisting of $353,260 in County-administered program funding and $229,446 in City funding. The County requires a minimum City match of $31,996.80. The City's budgeted contribution exceeds that minimum by $197,449.20 to support the existing program service level and associated operating costs.

The $229,446 City contribution is included in the adopted FY 2026/27 [GENERAL FUND/PARKS FUND — VERIFY] budget; therefore, no additional City appropriation is requested for the match. Approval of this action will appropriate $353,260 in County program revenue and corresponding program expenditures and authorize any necessary account transfers or adjustments to properly account for the existing City contribution.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-149 approving FY 2026/27 Older Californians Nutrition Program Grant Amendment and Related Agreements:

2. Accept the FY2026/27 Older Californians Nutrition Program funding allocation in the amount of $353,260 and recognize $229,446 in City matching contributions, or a total FY2026/27 program budget of $582,706.

3. Approve a Goods Purchase Agreement with Sysco Riverside, Inc. and authorize purchase order in an amount not to exceed $220,000 for FY2026/27.

4. Approve the applicable agreement with Hollandia Dairy, Inc. and authorize a purchase order in an amount not to exceed $26,000 for FY2026/27.

5. Authorize the Director of Finance to amend the FY2026/27 budget and establish or modify the necessary revenue and expenditure accounts to appropriate and expend the grant funding and City matching contributions associated with the Older Californians Nutrition Program
Attachments
Packet Page. 1012
Attachment 1 – Resolution No. 2026-149
Attachment 2 – Amendment No. 2 to County Contract No. 22-666 Attachment 3 – Amendment No. 1 to County Contract No. 22-666 Attachment 4 – County Contract No. 22-666 and applicable exhibits Attachment 5 – FY 2026 County-Approved Older Californians Nutrition Program Budget Attachment 6 – Sysco Riverside, Inc. Goods Purchase Agreement Attachment 7 – RFQ No. F-25-4035 and Bid Responses
Attachment 8 – Hollandia Dairy, Inc.

Ward:

All Wards
Synopsis of Previous Council Actions:

On March 18, 2026, the Mayor and City Council adopted Resolution No. 2026-026, authorizing the City Manager to approve a 2025/2026 Budget Amendment #1 for the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG);and authorizing the City Manager to accept the amended 2025/2026 Congregate Meal Program Grant Budget in the amount of an additional $9,000 (Total Award of $351,000);and authorizing the City Manager or their designee to conduct all negotiations, signing and submitting necessary documents to receive grant budget awards; Approving a change order increase of $9,000 to the annual purchase order for Sysco Foods for continued operation of the Older Californians Nutrition Program; and authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2025 through June 30, 2026.

On August 20, 2025, the Mayor and City Council adopted Resolution No. 2025-358, authorizing the City Manager to approve an amendment to extend Contract No. 22- 666 for FY2025/26 of the Older Californians Nutrition Program through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); authorizing the City Manager or designee to conduct all negotiations, signing, and submittals of necessary documents to receive the grant budget award of $342,000; approving related purchase orders to Sysco Foods ($214,500), Hollandia Dairy ($25,600), and Consulting Health and Nutrition Services ($18,700) for the continued operation of the Older Californians Nutrition Program; and authorizing the Director of Finance and Management Services to amend the grant and City match funds for the period of July 1, 2025 through June 30, 2026.

On September 4, 2024, the Mayor and City Council adopted Resolution No. 2024-195, authorizing the City Manager to approve the FY2024/25 budget for year three of the three-year Older Californians Nutrition Program grant through DAAS-PG; authorizing the City Manager to accept the FY2024/25 Congregate Meal Program Grant Budget in the amount of $392,541; authorizing the City Manager or designee to conduct all negotiations, signing, and submittals of necessary documents to receive grant budget awards; approving related purchase orders to Sysco Foods ($215,600), Hollandia Dairy ($24,530), and Consulting Health and Nutrition Services for the continued Packet Page. 1013
operation of the Older Californians Nutrition Program; and authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024 through June 30, 2025.

On October 4, 2023, the Mayor and City Council adopted Resolution No. 2023-150, accepting the DAAS-PG grant award in the amount of $376,667, appropriating the grant funds, and approving related purchase orders for the continued operation of the Older Californians Nutrition Program for the period of July 1, 2023 through June 30, 2024.

On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-126, approving San Bernardino County Department of Aging and Adult Services Contract No. 22-666 for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025; ratifying the Grant Budget submittal and accepting the Grant Award of $348,749; authorizing the Director of Finance or designee to amend the FY2022/23 and FY2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approving related purchase orders for the continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023
CC
Eric Levitt, City Manager
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Resolution No. 2026-149
Resolution No. 2026-149
September 2, 2026

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RESOLUTION NO. 2026-149

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA: (1) ACCEPTING THE
FISCAL YEAR 2026-2027 OLDER CALIFORNIANS NUTRITION

PROGRAM GRANT AND APPROVING THE RELATED COUNTY
GRANT AGREEMENT; (2) APPROVING A GOODS PURCHASE
AGREEMENT WITH SYSCO RIVERSIDE; (3) APPROVING THE
RELATED FISCAL YEAR 2026-2027 PURCHASE ORDERS; AND (4)

AUTHORIZING THE NECESSARY BUDGET ADJUSTMENTS
WHEREAS, the Older Californians Nutrition Program ("Program") provides meals and related nutrition services to eligible older adults; and WHEREAS, the Program is supported in part by grant funding administered by the County of San Bernardino Department of Aging and Adult Services-Public Guardian ("County"); and WHEREAS, the City of San Bernardino ("City") operates the Program; and WHEREAS, the County has awarded the City Fiscal Year 2026-2027 Program funding in the amount of $353,260.00 pursuant to Amendment Number 2 to County Contract Number 22- 666 SAP Number 4400019268 dated June 23, 2026 ("Grant Agreement"), which funding is referred to herein as the "Grant"; and
WHEREAS, acceptance of the Grant requires Council approval of the Grant Agreement and budget and authorization to execute and submit related documents; and WHEREAS, the City issued Request for Vendor Quotes No. F-25-4035 for food supplies and consumable products for the Program on March 25, 2025 ("RFQ"), which contemplated a multi-year procurement through June 30, 2030 (subject to City approval and the execution of applicable agreements); and
WHEREAS, following the competitive procurement, Sysco Riverside ("Sysco") was selected to provide food supplies and consumable products for the Program; and WHEREAS, the City and Sysco entered into a Goods Purchase Agreement effective August 20, 2025, and October 1, 2025 ("2025 GPA"), which expired on June 30, 2026; and the City now desires to approve a new Goods Purchase Agreement ("GPA") governing only future purchases; and
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Resolution No. 2026-149
Resolution No. 2026-149
September 2, 2026

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WHEREAS, the proposed GPA (attached as Exhibit A and incorporated herein by this reference) authorizes prospective purchases and deliveries of food supplies and consumable products during Fiscal Year (“FY”) 2026-2027 in an amount not to exceed two hundred twenty thousand dollars ($220,000), subject to available appropriations and the GPA; and WHEREAS, Municipal Code sections 3.04.040(B)(3) and 3.04.050 require Mayor and City Council ("Council") approval for purchases exceeding one hundred thousand dollars ($100,000), and an authorized purchase order for supplies; and WHEREAS, the Council finds that the approvals and authorizations provided by this Resolution are in the City’s best interests and support continued Program operations.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference.

SECTION 2. Acceptance of Grant. The Council accepts the Grant in the amount of $353,260.00 and approves the related Grant budget, subject to execution of the Grant Agreement.

SECTION 3. Approvals. Subject to the conditions stated below, the Council approves the following:
a. Grant Agreement. The Grant Agreement in substantially the form presented to the Council, with non-substantive revisions approved by the City Attorney. b. GPA. The GPA in substantially the form presented to the Council for prospective Program purchases during FY 2026-2027 in an amount not to exceed two hundred twenty thousand dollars ($220,000), subject to written confirmation by the Purchasing Division that the RFQ award remains valid and written confirmation by Sysco of the applicable pricing. c. Purchase Order. A FY 2026-2027 purchase order to Sysco in an amount not to exceed two hundred twenty thousand dollars ($220,000); subject to available appropriations, execution of the GPA, and satisfaction of Section 3.b.

SECTION 4. Prospective Effect. The GPA governs only purchases made after it is fully executed and does not amend, extend, revive, or retroactively authorize performance under the Packet Page. 1016
Resolution No. 2026-149
Resolution No. 2026-149
September 2, 2026

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2025 GPA. Any goods ordered or received after June 30, 2026 (but before execution of the GPA), shall be separately presented to the Council for ratification and payment authorization if required.

SECTION 5. City Manager Authorization. The Council authorizes the City Manager or designee to: (a) execute the Grant Agreement and GPA, with non-substantive revisions approved by the City Attorney; (b) execute and submit related exhibits, certifications, and ancillary documents; and (c) administer the agreements consistent with their terms, this Resolution, and applicable law.

SECTION 6. Budget Authorization. The Director of Finance and Management Services or designee is authorized to amend the FY 2026-2027 budget, appropriate the Grant funds of $353,260.00 and matching funds of $229,446.00 approved by the Council, establish or modify necessary accounts, and implement the financial provisions of this Resolution.

SECTION 7. California Environmental Quality Act ("CEQA"). The Council finds that this Resolution is not subject to CEQA under Public Resources Code section 21065 and CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15378 because it is an administrative and fiscal action that will not cause a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 8. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or is preempted by subsequent legislation, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, and phrase irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Resolution, cause the same to be entered among the original resolutions of the City, and make a minute of the passage and adoption thereof in the records of the proceedings of the Council.

SECTION 10. Effective Date. This Resolution shall become effective immediately upon its adoption.

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Resolution No. 2026-149
Resolution No. 2026-149
September 2, 2026

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APPROVED and ADOPTED by the Council and signed by the Mayor, and attested by the City Clerk this 2nd day of September2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC
City Clerk
Approved as to form:

Albert J. Maldonado
City Attorney
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Resolution No. 2026-149
Resolution No. 2026-149
September 2, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

Telicia Lopez, CMC, City Clerk
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Standard Contract Page 1 of 2

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Aging and Adult Services –
Public Guardian
Department Contract Representative Vanessa Esparza
Telephone Number (909) 388-0252
Contractor City of San Bernardino
Contractor Representative Mitch Assuma
Telephone Number (909) 998-2750
Contract Term July 1, 2022 through June 30, 2026
Original Contract Amount $1,220,000
Amendment Amount $ 375,000
Total Contract Amount $1,595,000
Cost Center 5292001036
Grant Number (if applicable)
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT NO. 1
It is hereby agreed to amend Contract No. 22-666, as follows:

V. FISCAL PROVISIONS
Paragraph A is amended to read as follows:

A. The maximum amount payable under this Contract shall not exceed $1,595,000, of which a portion will be federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

VIII.TERM
This Contract is effective as of July 1, 2022, and has been extended from the original expiration date of June 30, 2025, to expire on June 30, 2026, but may be terminated earlier in accordance with provisions of Section IX of the Contract.

Attachment C - Scope of Work
The Scope of Work is deleted in its entirety and replaced with Attachment C attached hereto.

Contract Number
22-666 A-1
SAP Number
4400019268
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All other terms and conditions of Contract No. 22-666 remain in full force and effect.

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.

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

SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors
Dated: Name Eric Levitt

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By Dated:

Deputy
Address 290 North D Street
San Bernardino, CA 92401
Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 9/17/2025
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ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino
San Bernardino County
Older Californians Nutrition Program
Scope of Work
This Scope of Work contains the measurable objectives mandated by the Department of Aging and Adult Services-Public Guardian (DAAS-PG) and the California Department of Aging (CDA) and required of the Older Californians Nutrition Program (OCNP) Contractor. The Scope of Work specifies and establishes monthly, quarterly, and annual time frames and constitutes the primary document for ongoing monitoring and annual Program and Fiscal monitoring. It will be used to measure the Contractor’s efforts toward providing quality nutrition services.

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

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

C. Objectives of the OCNP are to:

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

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

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

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

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

D. The OCNP’s target population are individuals who are sixty (60) years of age or older, with an emphasis on those in greatest economic and social need with particular attention Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1048

ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino
to low income minority older individuals, older individuals with limited English proficiency, and older individuals residing in rural areas. The OCNP shall:

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

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

Requests must be submitted in writing.

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

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

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

3. Home Delivered Meals and To Go Meals (C-2)
Individuals eligible to receive a home delivered meal are:
a. Individuals who are age sixty (60) and frail, as defined below, homebound by reason of illness, disability, or otherwise isolated.
1) “Frail” is defined as an older individual is determined to be functionally impaired because the individual either:
a) Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility, and associated tasks, without substantial human assistance, including verbal reminding, physical cueing, or supervision.

Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1049

ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino
b) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a serious health or safety hazard to the individual or to others. 2) “Otherwise Isolated” may be interpreted as isolation related to an individual not being comfortable with dining in a group setting.
a) A spouse of a person in subsection (C)(1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.
b) An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program. c) Priority shall be given to older individuals in subsection (C)(1) above.

III. Requirements for Nutrition Services
A. Congregate Meals and To Go Meals (C-1)

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

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

B. Home Delivered Meals and To Go Meals (C-2)

1. Each Home Delivered Meals Contractor shall:

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ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino
a. Develop and implement criteria to assess the level of need for home delivered nutrition services of each eligible participant.
b. An initial determination of eligibility may be accomplished by telephone. This initial contact with the participant shall include completion of sections 1, 2, and 3 of the Client Intake Sheet (provided by DAAS-PG).
c. A written assessment shall be done in the home within two (2) weeks of beginning meal service, and shall include an assessment of the type of meal appropriate for the participant in their living environment.
d. An older individual eligible for receiving home delivered meals shall be assessed for need of nutrition related supportive services, and referred as necessary. e. Reassessment of need shall be determined quarterly. Such reassessment shall be done in the home of the participant at least annually. Each reassessment shall include completion of sections 1, 2, and 3 of the Client Intake Sheet (provided by DAAS-PG).

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

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

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

C. Nutrition Services Annual Outcomes

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

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

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

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

Program: C-1 (Congregate and To Go Meals)
Number of Days of Service: 257
Number of Meals: 50,273
Number of Unduplicated Clients: 250
Congregate Meal Site Location(s): 6
Region Site Name, City Meals Unduplicated Clients
East Valley 5
th Street Senior Center, San Bernardino 23,550 100
New Hope Family Life Center (Enterprise), San Bernardino 2,084 12 Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1051

ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino
D. Nutrition Education Services for Participants

1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home delivered meal programs. a. Nutrition Education for congregate sites may be delivered in person or via video, audio, online or distribution of hardcopy materials. Examples include, demonstrations, presentations, social media message (includes text messages), newsletters, lectures or small group discussions, all of which may be augmented with printed materials.
b. Nutrition Education for home delivered meal participants may consist solely of printed material.

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

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

3. The Nutrition Education Plan and annual Needs Assessment tabulated results must be submitted to DAAS-PG by August 1st of the fiscal year in which it is being provided.

The Contractor must keep the completed assessment and the tabulated results on file.

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

E. Nutrition Education Annual Outcomes:

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

Program: C-1 (Congregate Meals) Program: C-2 (Home Delivered Meals) Number of Sessions to be provided
annually: 24 Number of Sessions to be provided annually: N/A Number of Unduplicated Clients to be
served annually: 250 Number of Unduplicated Clients to be served annually: N/A Perris Hill Senior Center, San Bernardino 12,443 60
Highland Senior Center, Highland 7,000 50
Lytle Creek Community Center, San Bernardino 2,598 14
Hernandez Community Center, San Bernardino 2,598 14
Program C-2 (Home Delivered and To Go Meals)
Number of Days of Service: N/A
Number of Meals: N/A
Number of Unduplicated Clients: N/A
Home Delivered cities to be served: N/A
Region City Meals Unduplicated Clients

N/A N/A N/A N/A
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ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino
F. Client Satisfaction Survey

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

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

IV. Staffing
A. Manager or Director

1. The OCNP Contractor shall have a manager on staff who shall conduct the day-today management and administrative functions of the OCNP, and either have a, b, or c:
a. Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years’ experience as a food service supervisor, or, b. Demonstrate experience in food service such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, or,
c. Two (2) years’ experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire.

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

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

B. Personnel Paid Staff/Volunteers

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

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

3. Contractor is encouraged to hire multilingual/multicultural staff to increase low income and ethnic minority program participation in accordance with federal mandates.

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ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino

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

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

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

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

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

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

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

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

C. Registered Dietitian

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

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

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

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

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

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

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

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

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

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

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

1. Food safety, prevention of food borne illness, and Hazard Analysis Critical Control Point (HACCP) principles.

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

3. Elder Abuse Law and reporting procedures.

4. CDA Security Awareness Training (annually).

VI. Complaint Procedures
A. Each Contractor shall have a written Complaint Procedure posted in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.

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

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

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

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

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

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

The menu cycle shall be approved and signed by the Contractor’s Registered Dietitian and upon approval forwarded to the DAAS-PG Registered Dietitian for certification.

Menus shall be submitted to the DAAS-PG Registered Dietitian forty-five (45) days prior to the beginning of the quarter containing the menu start date. Menu start dates are July, October, January and April. Allow thirty (30) days for the menu certification process.

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

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

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

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

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

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

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

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

6. Dietary Reference Intake Values - Example:

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

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

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

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

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

2. The OCNP Contractor has the discretion to allow occasional flexibility in planning meals that may not meet the meal pattern, but does meet the nutrient value requirements.

Fortified food products and combination dishes used in a menu may not match the meal pattern, but may provide for the required nutrient values. For example, a fortified snack Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1057

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

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

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

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

OCNP Contractors should verify the population served and develop menu criteria accordingly.

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

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

1. Protein – meat, fish, poultry, legumes, eggs, and cheese a. A minimum of 2.0 ounces of cooked, edible portions of meat, fish, poultry, legumes, eggs, cheese, (or a combination thereof) providing at least 14 grams of protein.

Programs should consider the preferences of the participants they serve. b. Legumes should not be counted as both vegetable and protein. OCNP Contractors may use other protein sources to provide the occasional vegetarian meal.

2. Vegetables (1-2 ½ cup servings):
a. Vegetables as a primary ingredient in soups, stews, casseroles, or other combination dishes should total ½ cup per serving.
b. Raw leafy vegetables (salads) should equal 1 cup if they are to be considered a serving.

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

4. Breads/Grains (1-ounce equivalent serving)
a. One-half of the daily intake of grains should be from whole grains. Grains that are processed (not whole) must be fortified. Fifty-fifty mixtures of white and brown rice meet the requirement for whole grain and have demonstrated acceptance amount Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1059

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OCNP participants. For variety, consider serving other grains such as corn, millet, oats, or quinoa.

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

6. Fat (Optional)
a. Replace solid fats with plant-based oils to improve diet quality without added calories.
b. Choose plant-based oils which have a high percentage of beneficial monosaturated and polyunsaturated fatty acids.
c. The DGAs encourage using oils as they contribute essential fatty acids to the diet.

No food containing artificial trans-fat may be stored, distributed, served, or used in the preparation of any food within a food facility [CRFC114377]. d. Limit the consumption of solid fats. Solid fats are those that are solid at room temperature and have a high concentration of trans and saturated fats. Common sources of solid fats include butter, beef, chicken, port, stick margarine, and shortening.

7. Dessert (Optional)
a. Dessert may be provided as an option to satisfy the caloric requirements or for additional nutrients. Use fruit as a dessert as often as possible and limit sweets.

The fruit, grains, and dairy products served as dessert can count towards the fruit, grain, or dairy requirements. Desserts that are low in fat and/or low in sugar are encouraged.
b. When a dessert contains ½ cup of fruit per serving, it may be counted as a serving of fruit.
c. When a dessert contains the equivalent of 1 serving (1 ounce) starches/grains per serving, it may be counted as a serving of starches/grains (example: rice pudding or oatmeal cookie).
d. When a dessert contains the equivalent of ½ cup of milk per serving, it may be counted as ½ serving of milk.

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

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9. Sodium:
a. The DGAs encourage reducing daily sodium intake to 1,500 mg per day for persons aged 51 or older, African Americans, persons who have hypertension, diabetes, or chronic kidney disease.
b. The target value for sodium is 500 mg per meal. The acceptable range is 500 - 750 mg per meal. However, the OCNP meal provides 40-50 percent of the nutrient intake for the day for more than half of its participants. This fact provided the basis for establishing an acceptable OCNP sodium range that is slightly higher than the DGAs recommend.
c. A potassium rich diet blunts the effect of sodium on blood pressure. Research suggests that the general population does not consume sufficient amounts of potassium and would benefit from increasing potassium intake from foods. d. Menu planners should take steps to reduce the levels of sodium in meals over time, including the following:
1) Focus on a stepwise reduction of sodium over time.
2) Set a goal to reduce sodium content of meals each year. For example:
a) The local OCNP will reduce the sodium level of the meals by five percent (5%) over this Fiscal Year.
b) The OCNP will provide not more than two high sodium meals per month. c) Maintain documentation of the reduction of sodium content of meals. d) Place potassium rich foods on the menu consistently. e) Provide nutrition education on the health impacts of high sodium intake on older adults.
f) Prepare foods without adding salt in the cooking process. g) Use herbal seasoning to replace salt.
h) Avoid potassium chloride salt substitutes. Individuals should only use these products under the supervision of a healthcare professional. i) Encourage using oil and vinegar as the preferred salad dressing.

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

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

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

11.Computerized Nutrient Analysis Requirements
a. Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals.

The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals.

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

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

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

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

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

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

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

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

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

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

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

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

C. Production Control

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

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

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

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

D. Meal Service/Temperature Monitoring

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

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

3. Temperature Checks:

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a. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily immediately prior to dispatch from the central kitchen. b. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service.
c. The OCNP Contractor must have written procedures for monitoring food temperature.
d. The OCNP Contractor must use a form to document food temperatures daily (i.e.

Food Temperature Log).
e. The OCNP Contractor shall have a staff member review the completed Food Temperature Logs at random a minimum of every other month. If problems are discovered, an action plan must be developed to resolve the issue. f. All completed Food Temperature Logs must be maintained on file for DAAS-PG review.

4. To maintain quality in prepared foods, holding times shall be kept to a minimum. Long periods of holding hot foods at required temperatures diminish the nutrient content and palatability of foods.

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

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

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

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

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

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

2. Cleaning Schedule

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

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

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

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

XII. Program Requirements
D. Client Intake Sheets / Nutrition Screening

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

Forms shall be completed as follows:
a. Congregate and To Go Meal Participants – At the beginning of service and then annually thereafter for clients who remain on the program. b. Home Delivered and To Go Meal Participants – At the beginning of service and then quarterly thereafter for clients who remain on the program.

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

E. Outreach/Marketing Activities

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

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

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

F. Emergency Procedures

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

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

3. Staff must be knowledgeable of emergency procedures.

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

G. Voluntary Contributions and Confidentiality

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

2. The OCNP Contractor shall develop a suggested voluntary contribution amount.

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individuals in the community and the Contractor’s other sources of income shall be considered.

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

A guest fee shall cover all meal costs.

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

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

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

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

I. Coordination

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

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

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

J. Reporting:

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

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

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3. OCNP Contractors are required to report all known or suspected cases of elder abuse to DAAS-PG Adult Protective Service or law enforcement immediately by telephone.

A written report must be sent within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation, or other treatment resulting in physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services, which are necessary to avoid physical harm or mental suffering.

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

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

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

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

K. Disposal of Equipment:

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

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

L. Mandatory Meetings
Contractor is required to attend all Nutrition Contractor meetings hosted by DAAS-PG.

M. Additional Responsibilities
Contractor Shall:

1. Provide DAAS-PG with three (3) contact persons for communication. Contractor must respond no later than two (2) business days from receiving communication from DAAS-PG.

2. Participate in County collaboration events to promote and /or provide Senior Supportive Services offered in County service area.

3. Provide immediate notice of any incident to DAAS-PG that would impact the Program and could restrict operations of or access to Nutrition Services. These changes include, but are not limited to, natural disasters, personnel changes, program or project, phone number changes, headquarters office changes, and mailing address changes.

Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1067

ATTACHMENT C
San Bernardino County Elderly Nutrition Program
Scope of Work – City of San Bernardino

4. Contractor shall adhere to allowable expenses and cost principles per Nutrition Services program guidelines, County, CDA and/or Federal regulations. In addition, Contractor shall make available all reasonable information necessary substantiate that expenditures under the Contract are allowable.

5. Ensure all posters, signs, and brochures (materials) are prepared in English and Spanish. DAAS-PG may request material to be prepared in other languages as necessary. These materials should be posted and distributed in locations that serve minority communities such as churches, community service centers, and small stores within minority communities.

6. All marketing materials, including but not limited to menus, flyers, and pamphlets, must be approved by DAAS-PG branding and contain the most recent funding statement per CDA and administered by DAAS-PG.

7. Conduct outreach in the communities served to community groups and organizations.

All outreach activities will be documented and kept on file and available for review during program monitoring which will be scheduled and conducted by DAAS-PG staff.

Docusign Envelope ID: 5E86B077-E231-42FC-8010-5494AB9834C7 Packet Page. 1068

X
Match Requirement:
1 2
3 4
5 6
7 8
a Supplies
b Insurance
c Repair & Maintenance
d Rent/Building Space
e
f
g
9 DAAS Approval:

Anna Woods
Printed Name Printed Name
Signature Date Signature Date
2401CAOACM-01 (Congregate Meals)
2401CAOAHD-01 (Home-Delivered Meals)
2401CAOANS-01 (Nutrition Services Incentive Program)
Cash In-Kind Total
Meal counts:

Expenditure Category: Cash In-Kind Cash In-Kind Cash In-Kind Submitted by:

Consultants $ 17,055
Utilities
Vehicle Operations
Revenue Sources: In-Kind
Indirect Cost
Program Income
Total Revenue $ 353,260 $ 227,801
Personnel $ 298,478 $ 298,478
$ -
Staff Travel & Training $ -
Equipment
$ -
Raw Food $ 8,227 $ 214,773 $ 223,000
Catered Food
$ 18,700
Non-Inventoriable Equipment $ -
$ -
Other Expenses:
$ 22,000 $ 11,028 $ 33,028
$ -
$ -
$ 2,000 $ 2,000
$ -
Miscellaneous $ 7,500 $ 7,500
$ -
In-Kind
$ -
Total Expenditures (add lines 1-7) $ 353,260 $ 227,801 $ 1,645 $ 582,706 In-Kind
$ -
Cash
Federal Funds $ 254,000 $ 254,000
Cash Total
$ - $ 1,645
NSIP $ 34,000 $ 34,000
$ 45,260
Matching In-Kind $ 227,801 $ 229,446
Non-Match Cash $ -
Non-Match In-Kind $ -
$ 1,645
$ -
State Funds $ 45,260
$ - $ - $ -
Matching Cash $ -
County Funds $ 20,000 $ 20,000
$ - $ 582,706
Cash In-Kind Cash
$ - $ - $ -

COUNTY OF SAN BERNARDINO NUTRITION SERVICES
Congregate/Home Delivered Meal Program Budget
Fiscal Year: 2026-27
$ 31,996.80
Service Categories:

Provider:
$ 1,645
City of San Bernardino Orig
C-1 Meals C-1 Nutrition Education C-2 Meals C-2 Nutrition Education Amend
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Mayor and City CouncilSeptember 2, 2026

Mayor and City Council
September 2, 2026