Cities Index.
Agenda, second session

San Bruno City Council
November 12, 2024

Document
Agenda, second session
Meeting
November 12, 2024
Body
San Bruno City Council
Pages
10
Original file
7.5 MB
Text extracted from the city's file for reading and search. Open the original on www.sanbruno.ca.gov. That file is the official record.

"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
November 12, 2024
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbruno­ca­gov.zoom.us/j/83947932897?
pwd=mKyPVNo4aDHsymmAt5VfRA6kkJcFCd.1
Phone Line: 1­646­558­8656
Webinar ID: 839 4793 2897
Webinar Password:  024509
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk.  Public comment may also be emailed to  [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 616­7061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at  sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Please join us for the Florida Park Groundbreaking on Friday, November 15th at 10:00 AM b. Proclamation Recognizing November 30, 2024 as Small Business Saturday in San Bruno c. Receive Annual Update from Bicycle & Pedestrian Advisory Committee d. Receive Annual Update from Planning Commission

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Regular Meeting Minutes for August 27, 2024 and October 22, 2024 b. Approve Accounts Payable for October 21, 2024, October 28, 2024 and November 4, 2024 c. Accept Payroll for October 20, 2024
d. Approve Investment Report Dated October 31, 2024
e. Approve Reconciliation of General Ledger to Bank Report Dated July 31, 2024 f. Consider Adoption of a Resolution Authorizing the City Manager to Waive the Encroachment Permit Fees, Staff Labor Reimbursement Fees, and Appropriating $765.71 from General Funds for a Community Holiday Party Road Closure on Glen Avenue on December 8, 2024 g. Consider Adoption of a Resolution Ratifying the City Manager’s Execution of an Agreement for Grant Funding of the Senior Nutrition Program between the City of San Bruno and the County of San Mateo for an Amount not to Exceed $164,137 for Fiscal Year 2024­25; and Authorizing the City Manager to Sign Future Fiscal Year Contracts Under the Current OAA Grant Term Through FY 2025­2026; and Determining the Project is Exempt under the California Environmental Quality Act
h. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with Versaterm Public Safety US, Inc for SPIDR Automated SMS Messaging Services i. Consider Adoption of a Resolution Authorizing the Purchase of Local Agency Bonds, United States Treasury Obligations, State Obligations, and United States Agency Obligations for a Maximum Maturity not to Exceed Ten Years with an Aggregate Maximum of Five Percent of the City’s Investment Portfolio on the Date of Purchase

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Consider Adoption of a Resolution Approving the Issuance of the California Municipal Finance Authority Exempt Facility Bonds for a Qualified Residential Rental Project in an Aggregate Principal Amount Not to Exceed $160,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of the 341 Multi­Family Units at 840 San Bruno Avenue

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on November 26, 2024 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on November 7, 2024, by 9:00 pm. 1 of 172
"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
November 12, 2024
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbruno­ca­gov.zoom.us/j/83947932897?
pwd=mKyPVNo4aDHsymmAt5VfRA6kkJcFCd.1
Phone Line: 1­646­558­8656
Webinar ID: 839 4793 2897
Webinar Password:  024509
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk.  Public comment may also be emailed to  [email protected] . Comments received via email will not be read aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 616­7061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at  sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Please join us for the Florida Park Groundbreaking on Friday, November 15th at 10:00 AM b. Proclamation Recognizing November 30, 2024 as Small Business Saturday in San Bruno c. Receive Annual Update from Bicycle & Pedestrian Advisory Committee d. Receive Annual Update from Planning Commission

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Regular Meeting Minutes for August 27, 2024 and October 22, 2024 b. Approve Accounts Payable for October 21, 2024, October 28, 2024 and November 4, 2024 c. Accept Payroll for October 20, 2024
d. Approve Investment Report Dated October 31, 2024
e. Approve Reconciliation of General Ledger to Bank Report Dated July 31, 2024 f. Consider Adoption of a Resolution Authorizing the City Manager to Waive the Encroachment Permit Fees, Staff Labor Reimbursement Fees, and Appropriating $765.71 from General Funds for a Community Holiday Party Road Closure on Glen Avenue on December 8, 2024 g. Consider Adoption of a Resolution Ratifying the City Manager’s Execution of an Agreement for Grant Funding of the Senior Nutrition Program between the City of San Bruno and the County of San Mateo for an Amount not to Exceed $164,137 for Fiscal Year 2024­25; and Authorizing the City Manager to Sign Future Fiscal Year Contracts Under the Current OAA Grant Term Through FY 2025­2026; and Determining the Project is Exempt under the California Environmental Quality Act
h. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with Versaterm Public Safety US, Inc for SPIDR Automated SMS Messaging Services i. Consider Adoption of a Resolution Authorizing the Purchase of Local Agency Bonds, United States Treasury Obligations, State Obligations, and United States Agency Obligations for a Maximum Maturity not to Exceed Ten Years with an Aggregate Maximum of Five Percent of the City’s Investment Portfolio on the Date of Purchase

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Consider Adoption of a Resolution Approving the Issuance of the California Municipal Finance Authority Exempt Facility Bonds for a Qualified Residential Rental Project in an Aggregate Principal Amount Not to Exceed $160,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of the 341 Multi­Family Units at 840 San Bruno Avenue

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on November 26, 2024 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on November 7, 2024, by 9:00 pm.

2 of 172

"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
November 12, 2024
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbruno­ca­gov.zoom.us/j/83947932897?
pwd=mKyPVNo4aDHsymmAt5VfRA6kkJcFCd.1
Phone Line: 1­646­558­8656
Webinar ID: 839 4793 2897
Webinar Password:  024509
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk.  Public comment may also be emailed to  [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 616­7061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at  sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Please join us for the Florida Park Groundbreaking on Friday, November 15th at 10:00 AM b. Proclamation Recognizing November 30, 2024 as Small Business Saturday in San Bruno c. Receive Annual Update from Bicycle & Pedestrian Advisory Committee d. Receive Annual Update from Planning Commission

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Regular Meeting Minutes for August 27, 2024 and October 22, 2024 b. Approve Accounts Payable for October 21, 2024, October 28, 2024 and November 4, 2024 c. Accept Payroll for October 20, 2024
d. Approve Investment Report Dated October 31, 2024
e. Approve Reconciliation of General Ledger to Bank Report Dated July 31, 2024 f. Consider Adoption of a Resolution Authorizing the City Manager to Waive the Encroachment Permit Fees, Staff Labor Reimbursement Fees, and Appropriating $765.71 from General Funds for a Community Holiday Party Road Closure on Glen Avenue on December 8, 2024 g. Consider Adoption of a Resolution Ratifying the City Manager’s Execution of an Agreement for Grant Funding of the Senior Nutrition Program between the City of San Bruno and the County of San Mateo for an Amount not to Exceed $164,137 for Fiscal Year 2024­25; and Authorizing the City Manager to Sign Future Fiscal Year Contracts Under the Current OAA Grant Term Through FY 2025­2026; and Determining the Project is Exempt under the California Environmental Quality Act
h. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with Versaterm Public Safety US, Inc for SPIDR Automated SMS Messaging Services i. Consider Adoption of a Resolution Authorizing the Purchase of Local Agency Bonds, United States Treasury Obligations, State Obligations, and United States Agency Obligations for a Maximum Maturity not to Exceed Ten Years with an Aggregate Maximum of Five Percent of the City’s Investment Portfolio on the Date of Purchase

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Consider Adoption of a Resolution Approving the Issuance of the California Municipal Finance Authority Exempt Facility Bonds for a Qualified Residential Rental Project in an Aggregate Principal Amount Not to Exceed $160,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of the 341 Multi­Family Units at 840 San Bruno Avenue

8. COUNCIL COMMITTEE REPORT OUT

9. COMMENTS FROM COUNCIL MEMBERS

10. ADJOURNMENT – The next Regular City Council Meeting will be held on November 26, 2024 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on November 7, 2024, by 9:00 pm. 3 of 172

"Th e City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
August 27, 2024
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:00 pm.

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina, Vice Mayor Salazar and Mayor R.

Medina were all present.
3 PLEDGE OF ALLEGIANCE
Mayor R. Medina led the pledge.

Mayor R. Medina briefly spoke about incident that occurring during Thursday’s rally outside City Hall.

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
The following members of the public provided comments:
• Maria Concha
• Eleni K
• Jamal Katout
• Stephanie
• Wesam D

5. ANNOUNCEMENTS/PRESENTATIONS
a. Recreation and Aquatic Center Update and Shift to Full Operations Community Services Director Damian Sandholm presented the item to the City Council and answered questions.
b. Meet T.E.D. - Video of Pothole Patch Truck Ceremony and Demonstration Funded by Measure G
Public Works Director Matt Lee shared photographs, presented the item to the City Council and answered questions.
c. Update on RO Streetlights
Public Works Director Matt Lee provided an update to the City Council and answered questions.
4 of 172
Item 6a.

City Council – Minutes
August 27, 2024

Page 2 of 5 ends

No members of the public wished to speak under Announcements/Presentations

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for the Meetings of July 23, 2024 and July 24, 2024
b. Approve Accounts Payable for July 15, 2024, July 22,2024, July 29, 2024, August 5, 2024, August 12, 2024, and August 19, 2024
c. Accept Payroll for July 14, 2024, July 28, 2024 and August 11, 2024 d. Approve Investment Report Dated June 30, 2024
e. Approve Reconciliation of General Ledger to Bank Report Dated May 31, 2024 f. Consider Appointing Councilmember Tom Hamilton as the Voting Delegate and to Represent the City of San Bruno at the Annual Business Meeting of the 2024 League of CA Cities Annual Conference in Long Beach, CA on October 16-18, 2024 g. Consider Adoption of a Resolution:
• Approving the Design of the Avenues 2-1 and 2-2 Sewer and Water Main Replacement Project;
• Authorizing the City Manager to Execute a Construction Contract with JMB Construction, Inc. for the Avenues 2-1 and 2-2 Sewer and Water Main Replacement Project in an amount not to exceed $10,377,401 and Approving a Construction Contingency of $1,557,000;
• Authorizing the City Manager to Execute an Agreement for Material Testing Services with Twining, Inc. in an amount not to exceed $163,601; • Authorizing the City Manager to Execute an Agreement for Construction Inspection Services with CSG Engineers in an amount not to exceed $330,980; • Appropriating $975,000 from the Water Enterprise Fund to the Avenues 2-1 Water Main Replacement Project;
• Approving a Total Project Budget in the Amount of $15,000,000; • Determining the Project is Exempt Under the California Environmental Quality Act
h. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Culvert Replacement and Hillside Restoration Reimbursement Agreement Regarding Junipero Serra Park with the San Francisco Public Utilities Commission and the County of San Mateo, and to Accept Easement Deed from the County of San Mateo; and Determining the Project is Exempt Under the California Environmental Quality Act
i. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Purchase and Sale Agreement for the Sale of 618 San Mateo Avenue, Authorize the City Manager and City Attorney to Execute all Documents Necessary to Close Escrow, and Finding the Action Exempt from the California Environmental Quality Act
j. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Section 2.04.030 Regarding City Council Regular Meeting Location, Section 2.08.040 Regarding Planning Commission Regular Meeting Location, and Section 2.20.010 Regarding City Clerk Office Hours” k. Consider Adoption of a Resolution:
• Appropriating $250,000 from the Wastewater Fund to update the Sewer Master Plan; and

5 of 172

City Council – Minutes
August 27, 2024

Page 3 of 5 ends

• Determining the project is exempt under the California Environmental Quality Act l. Consider Adoption of a Resolution Supporting Huntington Avenue Bicycle and Pedestrian Improvements Project Segment 2 and Submitting an Application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding
No items were pulled for a separate vote.

Item g – Councilmember Hamilton pulled item for comments/questions.

Public Works Director Matt Lee answered questions.

No members of the public wished to speak under Consent Calendar.

M/S Hamilton/Alvarez to approve the Consent Calendar. Motion passed unanimously.

The City Council meeting recessed at 8:09 pm and reconvened at 8:19 pm.

7. PUBLIC HEARING(S)
a. Consider a Public Hearing, Deliberate, and Consider: 1) Adoption of a Resolution Adopting an Addendum to the Mitigated Negative Declaration Adopted for the 2023-2031 Housing Element, and Readopting a Mitigation Monitoring and Reporting Program; and 2) Adoption of a Resolution Adopting an Amended 2023-2031 Housing Element, with Findings of Substantial Compliance with State Housing Element Law, Pursuant to Government Code Section 65585, and Authorizing Staff to Submit the Amended Housing Element to the California Department of Housing and Community Development for Review and Certification; and 3) Adoption of a Resolution Making Findings and Overriding the San Mateo City / County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency with Respect to Proposed General Plan land use diagram, U.S. Navy Site And Its Environs Specific Plan and Zoning Map Amendments for Sites 20, 21 and 22 of the 2023-2031 Housing Element Sites Inventory; and 4) Adoption of a Resolution Amending the General Plan Land Use Diagram to Change Certain Land Use Designations to Transit-Oriented Development, and Amending the U.S. Navy Site And Its Environs Specific Plan to Establish a Very High Density Residential Designation, and Amending the Specific Plan Land Use Diagram to Change the Designation of Certain Properties Very High Density Residential; and 5) Introduction, Reading by Title Only, and Waiving Further Reading of an Ordinance Amending the Planned Development (P-D) District Created by Ordinance No. 1087 to Add Multi-family Housing as a Permitted Use on the 11.28 Acre Site at 1178 El Camino Real, and to Amend the Boundaries of the P-D District Created by Ordinance No. 1087 to Include the 1.40 acre Parcel at 1292 Huntington Avenue with Multi-family Housing as a Permitted Use; and 6) Introduction, Reading by Title Only, and Waiving Further Reading of an Ordinance to Amend the Zoning Map to Change the Zoning Designation of 1.40 acres at 1292 Huntington Avenue from the Medium Density Mixed- Use (TOD-1) District to the Planned Development (P-D) District, and 0.57 acres at 1151 El Camino Real from Neighborhood Commercial (C-N) District to High Density Mixed- Use (TOD-2) District; and 7) Introduction, Reading by Title Only, and Waiving Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 12 (Land Use), Article III (Zoning) of the Municipal Code to Create Chapter 12.245 – Multi-Family Housing Ministerial Review, and Finding Such Actions

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Exempt from the California Environmental Quality Act.”
Community Development Director Peter Gilli presented items 1, 2 and 3 to the City Council.

No members of the public wished to speak under these items.

M/S Hamilton/Salazar to close public hearing. Motion passed unanimously by roll call vote.

M/S Hamilton/M. Medina to adopt the resolutions and ordinance as read by the City Clerk. Motion passed unanimously by roll call vote.

Mayor R. Medina recused himself from items 4, 5, 6, and 7 due to the proximity of his home from the subject location causing a conflict of interest.

Community Development Director Peter Gilli presented items 4, 5, 6 and 7 to the City Council, with Mayor R. Medina recused.

No members of the public wished to speak under these items.

M/S Hamilton/Alvarez to close public hearing. Motion passed unanimously with Mayor R. Medina recused.

M/S Hamilton/M. Medina to approve the resolution and ordinances as read by the City Clerk. Motion passed unanimously with Mayor R. Medina recused.

b. Consider Introducing, Reading by Title Only and Waiving a Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Article III (Zoning) of Title 12 (Land Use) of the Municipal Code for Minor Amendments Related to Modifications, Temporary Use Permits, and Architectural Review” and Finding Such Action Exempt from the California Environmental Quality Act Assistant Planner Eliseo Amaya presented the item to the City Council.

No members of the public wished to speak under this item.

Community Development Director Peter Gilli answered questions.

M/S Salazar/Alvarez to introduce the ordinance as read by staff. Motion passed unanimously.

8. COUNCIL COMMITTEE REPORT OUT
The following members of the City Council provided comments:
• Councilmember Hamilton
• Mayor R. Medina

9. COMMENTS FROM COUNCIL MEMBERS
a. Councilmember Hamilton:

Direct staff to add short-term paid parking option in the City parking lots and green zone(s) in the Downtown
Councilmember Hamilton introduced the item to the City Council City Manager Alex McIntyre answered questions.

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Police Chief Ryan Johansen answered questions.

M/S Hamilton/M. Medina to agendize adding a short-term pay parking option in the lots and adding green zones to the downtown with stipulation that it not take precedent over current work product. Motion passed unanimously.

The following members of the City Council provided comments:
• Councilmember Hamilton
• Councilmember M. Medina
• Councilmember Alvarez
b. Mayor R. Medina:

Update on training exercise on May 21, 2024 at the San Francisco County Jail Mayor R. Medina introduced the item to the City Council and answered questions.

The following members of the City Council provided comments:
• Mayor R. Medina

10. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Mayor Rico E. Medina and Councilmember Michael Salazar
Unrepresented Employee: City Manager
No reportable action was taken.

11. ADJOURNMENT
The meeting adjourned at 10:33 pm to the next Regular City Council Meeting on September 10, 2024 at 7:00 pm.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of November 12, 2024.

______________________________   ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
October 22, 2024
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:00 pm.

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina, Vice Mayor Salazar and Mayor R.

Medina were all present.

3. PLEDGE OF ALLEGIANCE
Mayor R. Medina led the pledge.

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
No members of the public wished to speak under Public Comment

5. ANNOUNCEMENTS/PRESENTATIONS
a. Join the San Bruno Library staff at the Senior Center on Thursday, October 24th for the 16th Annual Family Celebration of Dia de los Muertos. The evening will begin at 6:30 PM with a bilingual storytime, followed by a lively Mariachi Band and Sugar Skull Decorating at 7:00 PM. All ages welcome!
b. The Ribbon Cutting for Centennial Plaza is scheduled for Friday, October 25th. Join us at 3:30 PM on October 25th for live entertainment and ice cream, followed by the dedication and ribbon cutting at 4:00 PM. Music will resume immediately after the dedication and ribbon cutting until approximately 6:00 PM. c. Join San Boooo-no for a Monster Mash Bash on October 25th from 6:00 PM to 9:00 PM at the Recreation and Aquatic Center. Participants can enjoy games, pumpkin decorating, costume contest and a dance party. Pre-registration is required. Please visit or call the Recreation and Aquatic Center at (650) 616-7180 for information on how to register.

Community Services Director Travis Karlen read announcements a & c Mayor R. Medina added two announcements.

On Saturday October 26th there would be a Trick or Treat on the Ave. event from 3 -5 PM hosted by the Downtown San Bruno Merchants. There will also be live music in Centennial Plaza. The Mayor thanked the vendors, merchants and community organizations that have contributed to the event.

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He also acknowledged that Community Services Director Peter Gili received a letter from the Department of Housing and Community Development Division of Housing Policy Development, accepting the adoption of the City’s Housing Element. The Mayor congratulated the staff on this good news and thanked them for their hard work. d. Receive Annual Update from the Culture & Arts Commission Chair Mario Guitron presented the item to the City Council e. Receive Annual Update from the Traffic Safety & Parking Committee Chair John Lampros and Vice Chair Rhonda Collins presented the item to the City Council
f. Receive Annual Update from the Revenue Measure Oversight Committee Vice Chair Tony Clifford presented the item to the City Council No members of the public wished to speak under Announcements/Presentations.

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes of October 8, 2024 and Regular Meeting Minutes of October 8, 2024
b. Approve Accounts Payable for October 7, 2024 and October 14, 2024 c. Accept Payroll for October 6, 2024
d. Approve Investment Report Dated September 30, 2024
e. Consider Adoption of a Resolution:
• Approving the Design;
• Authorizing he City Manager to Execute a Construction Contract with American Foam Experts for the City Hall Roof Replacement Project in the Amount Not to Exceed $535,418;
• Approving a Construction Contingency of $80,000;
• Appropriating $125,500 from the General Fund Capital Reserve Fund Balance o the City Hall Roof Replacement Project;
• Approving a Total Project Budget in the Amount of $625,500; and • Determining the Project is Exempt Under the California Environmental Quality Act.
f. Consider Adoption of a Resolution Authorizing the City Manager to Waive the Encroachment Permit Fees, Staff Labor Reimbursement Fees, and Appropriating $765.71 From General Funds for a Halloween Community Event Party Road Closure on Park Avenue on October 31, 2024.
g. Consider Adoption of a Resolution Approving Revisions to the City’s Conflict of Interest Code.
h. Consider Appointing San Bruno Representative to Serve a 4-Year Term on the San Mateo County Mosquito and Vector Control District Board through December 31, 2028
i. Consider Adoption of a Resolution: 1) Authorizing the City Manager to Execute Field Use Agreements with San Bruno Lowen ’86 and AYSO 249 Soccer Clubs for the Use of Athletic Fields for FY 2024-25; 2) Authorizing the San Bruno Lowen ’86 and AYSO Soccer Clubs Use of Temporary Lights at the Monte Verde Park Site; 3) Authorizing the City Manager to Execute Comparable Field Use Agreements with All

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San Bruno Youth Sports Leagues and Field User Groups; and 4) Determining the Project is Exempt Under the California Environmental Quality Act. j. Consider Adoption of a Resolution Updating the “City of San Bruno Employee Hourly Pay Schedule 2024” Effective October 22, 2024.

Item j - Councilmember Alvarez pulled the item for a separate vote.

Item e - Councilmember M. Medina pulled the items for comment.

Public Works Director Matt Lee answered questions.

Item f - Mayor R. Medina pulled the item for comment.

Item i – Councilmember M. Medina pulled the item for comment.

The following member of the public provided comments under Consent Calendar Item i.

• Rich Fern

M/S Hamilton/Salazar to approve the Consent Calendar excluding Item j. Motion passed unanimously.

Item j - Councilmember Alvarez provided comments

No members of the public wished to speak on this item.

Councilmember Alvarez moved to deny the request made by staff for the replacement position of Deputy Chief Building Official. The motion died for the lack of a second.

M/S Hamilton/Salazar to approve Item j. The motion passed with a majority vote of Councilmembers Hamilton, M. Medina, Vice Mayor Salazar and Mayor R. Medina voting yes and Councilmember Alvarez voting no.

7. CONDUCT OF BUSINESS
a. Consider Adoption of a Resolution:
• Approving Contracts with Pacific Gas & Electric for the City Fleet EV Infrastructure Development and Implementation Project (CIP #51035); • Accepting and Appropriating Transportation Fund for Clean Air Program Funding and Approving Funding Agreements with City/County Association of Governments of San Mateo County in the Amount of $745,706.67 for the City Fleet EV Infrastructure Development and Implementation Project (CIP #51035); • Accepting and Appropriating Peninsula Clean Energy EV Ready Incentive Funding and Approving Contracts with Peninsula Clean Energy in the Amount of $91,000 for the City Fleet EV Infrastructure Development and Implementation Project (CIP #51035);
• Authorizing the City Manager to Execute Such Agreements and to Take Other Related Actions; and

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• Determining the Project is Categorically Exempt Under the California Environmental Quality Act.

Public Works Director Matt Lee gave an overview of the item to the City Council then introduced Management Analyst Ana Morales and Facilities Manager Ross Shkuratov who also presented the item to the City Council.

The following Member of the Public provided comments on this item. • Plymouth Ansbergs
Facilities Manager Ross Shkuratov answered questions.

Public Works Director Matt Lee answered questions.

City Manager Alex McIntyre answered questions.

M/S Salazar/Alvarez to adopt the resolution as read by the Deputy City Clerk. Motion passed unanimously.

8. COUNCIL COMMITTEE REPORT OUT
The following member(s) of the City Council provided comments:
• Councilmember Hamilton

9. COMMENTS FROM COUNCIL MEMBERS
The following member(s) of the City Council provided comments:
• Councilmember M. Medina
• Councilmember Hamilton
• Mayor R. Medina

10. CLOSED SESSION
a. CONFERENCEWITH LABOR NEGOTIATORS
Agency designated representatives: City Manager
Employee organizations: Teamsters Local 856, IBT Miscellaneous; Teamsters Local 350, IBT Mid-Management; and San Bruno Management Employees Association.

No reportable action taken.

11. ADJOURNMENT
The meeting adjourned at 8:38 pm to the next Regular City Council Meeting on November 12, 2024 at 7:00 pm.

These City Council meeting minutes were prepared by Vicky Hasha, Deputy City Clerk, and presented to the City Council for approval at the regular meeting of November 12, 2024.

______________________________   ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 21, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 211468 through 211606 inclusive, totaling $2,773,957.09 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $210,353.45
131 In-Lieu Fees $70,333.28
133 Restricted Revenues $1,219.15
137 Developer Project Contributions $14,203.94
141 Community Development $7,482.67
142 Recreation & Aquatics Center (RAC) $19,719.90
201 Parks and Facilities Capital $1,110.75
203 Street Improvement Projects $297,660.51
207 Technology Capital $5,100.00
611 Water Fund $197,535.41
621 Stormwater Fund $266,177.09
631 Wastewater Fund $1,450,558.96
641 CityNet Services Fund $121,584.24
701 Central Garage $1,973.24
702 Facility Maintenance Fund $4,079.12
703 General Equipment Revolving $56,970.98
707 Technology Development $36,658.45
711 Self-Insurance $11,235.95
TOTAL FOR APPROVAL $2,773,957.09
Respectfully submitted,
_________________________
Chief Financial Officer Date
Docusign Envelope ID: 1F9067F5-4E2E-48DD-8AC1-196E7738EA28 10/22/2024
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Item 6b.
10/21/2024 11:34:51AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000908 A-1 FENCE AND DECK, INC 211468 49,950.0010/21/2024 0096852 ABAG PLAN CORPORATION 211469 4,182.4710/21/2024 0111717 ABBOTT'S PRO-POWER 211470 17,609.5310/21/2024 0000858 ADECCO EMPLOYMENT SERVICES 211471 3,388.8010/21/2024 0000163 AIRPORT AUTO PARTS INC. 211472 20.1010/21/2024 0111757 ALLISON STECKLEY 211590 15.1910/21/2024
0018976 ALPHA ANALYTICAL LAB. INC. 211474 8,845.0010/21/2024 0110697 AMAZON CAPITAL SERVICES 211475 1,283.2210/21/2024 0016123 AT&T 211476 1,570.3210/21/2024
0017191 AT&T 211477 402.1610/21/2024
0015110 AT&T MOBILITY 211478 2,099.1210/21/2024
0018465 AT&T MOBILITY 211479 302.3710/21/2024
0097802 AUDREY VANDENBROECK 211598 169.0010/21/2024
0108381 B METAL FABRICATION, INC. 211480 1,021.8410/21/2024 0110065 BAIRD + DRISKELL COMMUNITY PLANNING DBA 211503 34,000.0010/21/2024 0000345 BAKER & TAYLOR BOOKS 211481 1,184.9710/21/2024 0100526 BAY ALARM COMPANY 211482 209.0110/21/2024
0017431 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 211565 552.0010/21/2024 0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 211592 58,599.6910/21/2024 0018688 BEST BEST & KRIEGER LLP 211483 6,617.0010/21/2024 0110745 BETTERHELP, INC. 211484 510.0010/21/2024
0109646 BIO CAR CARE 211486 1,140.0010/21/2024
0017361 BOETHING TREELAND FARMS, INC. 211487 655.1010/21/2024 0000378 BROADMOOR LANDSCAPE SUPPLY 211488 988.8910/21/2024 0000098 BRODART CO. 211489 136.3410/21/2024
0108944 BRYAN WONG 211602 185.9210/21/2024
0108182 C2R ENGINEERING, INC. 211490 194,085.0010/21/2024 0109364 CARAHSOFT TECHNOLOGY CORP. 211491 18,595.2610/21/2024 0106676 CBS SPORTS NETWORK 211492 599.5210/21/2024
0106644 CHRIS KAJIOKA 211541 390.0010/21/2024
0016324 CINTAS CORPORATION #464 211493 2,063.9810/21/2024 0110831 CITY NATIONAL BANK 211494 44,374.7910/21/2024 0098588 CITY OF BURLINGAME 211495 6,604.1310/21/2024
0000227 CITY OF SAN BRUNO-UTILITY 211496 229.7710/21/2024 0000386 CITY OF SOUTH SAN FRANCISCO 211497 1,375,390.7510/21/2024 0109639 CLAREMONT BEHAVIORAL SVCS,INC. 211498 753.7510/21/2024 0110074 COGENT COMMUNICATIONS, INC. 211499 4,000.0010/21/2024 0102854 COLLECTIONS BUREAU OF AMERICA 211500 10,457.7810/21/2024 0109998 CONSOR PMCM, INC. 211504 46,415.9610/21/2024
0017011 COPWARE, INC. 211505 1,270.0010/21/2024
0015857 COUNTY OF SAN MATEO 211506 164.5110/21/2024
0091607 COUNTY OF SAN MATEO 211507 1,630.0010/21/2024 0017967 COUNTY OF SAN MATEO- AIRPORT COMMUN.ROUNDTABLE FUND 211473 1,500.0010/21/2024 0018331 CSG CONSULTANTS INC. 211509 86,673.7510/21/2024 0018572 CUTTING EDGE PARTS 211510 1,020.0810/21/2024
0106011 CWEA-SFBS 211511 478.0010/21/2024
0111344 DATAWORKS PLUS, LLC 211512 851.5710/21/2024
0018188 DAU PRODUCTS 211513 1,849.2410/21/2024
0093479 DEPARTMENT OF JUSTICE 211514 1,944.0010/21/2024 0102345 DUKE'S ROOT CONTROL, INC. 211516 12,931.8910/21/2024 0000383 DWAN ELEVATOR CO. 211517 1,890.0010/21/2024
0018798 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.(ESRI) 211571 12,805.6510/21/2024 0106234 FASTRAK INVOICE PROCESSING DEPT. 211538 7.0010/21/2024 Page: 1
Docusign Envelope ID: 1F9067F5-4E2E-48DD-8AC1-196E7738EA28

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apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000944 FEDEX 211518 34.5910/21/2024
0109510 FIRST ALARM 211519 160.1410/21/2024
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 211520 2,805.4210/21/2024 0018117 FLYERS ENERGY, LLC 211521 14,733.7910/21/2024 0017720 FOX TELEVISION STATIONS, INC. 211522 9,871.1410/21/2024 0102869 FRANCHISE TAX BOARD 211523 25.0010/21/2024
0107011 FRANK J. BIANCHI 211485 218.4010/21/2024
0018807 GALLS, LLC 211524 211.6610/21/2024
0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 211596 376.9510/21/2024 0018864 GMA NETWORK INC. 211526 3,373.5410/21/2024
0108425 GOOD CITY COMPANY 211527 9,129.5510/21/2024
0000162 GRAINGER 211528 27,145.9610/21/2024
0000541 GRANITE ROCK COMPANY 211529 240.6010/21/2024
0095966 GREAT AMERICA FINANCIAL SVC. 211530 2,331.5810/21/2024 0017900 GREAT LAKES DATA SYSTEMS INC 211531 2,403.5010/21/2024 0096946 HDR ENGINEERING, INC. 211534 14,028.7410/21/2024 0018544 HEART OF SAN MATEO COUNTY 211535 6,333.2810/21/2024 0091742 HIP HOUSING, INC. 211536 30,000.0010/21/2024
0111762 HONGWEI XU 211605 10.6010/21/2024
0018838 INFOSEND, INC. 211537 4,315.4510/21/2024
0111755 IRIS GARCIA 211525 140.5910/21/2024
0110238 JERICHO PROJECT 211539 13,801.2610/21/2024
0018376 JT2 INTEGRATED RESOURCES 211540 7,053.4810/21/2024 0111759 KAM KIN WAT 211599 14.7410/21/2024
0096379 KAREN OJAKIAN 211553 260.0010/21/2024
0111756 KATHLEEN KING 211543 5.9310/21/2024
0111761 KEN YANAGI 211606 44.5010/21/2024
0109870 KIMBALL MIDWEST 211542 53.7910/21/2024
0017004 KNORR SYSTEMS INT'L., LLC 211544 3,217.1410/21/2024 0111763 LA DORA LIQUORS & DELI 211545 5.6710/21/2024
0110309 LOOKINGPOINT, INC. 211546 57,087.2310/21/2024 0104676 MATTHEW PERENCIN 211560 110.7510/21/2024
0111752 MAYA DIAZ 211515 40.3310/21/2024
0092285 MICROMARKETING LLC 211547 26.9810/21/2024
0110443 MILLBRAE COMMUNITY TELEVISION 211548 2,473.0010/21/2024 0001709 MILLBRAE LOCK 211549 773.8310/21/2024
0103600 MOMENTUM TELECOM, INC. 211551 7,699.3310/21/2024 0106447 MOORE,IACOFANO, GOLTSMAN, INC. 211552 1,110.7510/21/2024 0111760 NINO SANCHEZ 211577 8.6710/21/2024
0000522 NORTH COAST COUNTY WATER DISTRICT(NCCWD) 211508 35,974.1510/21/2024 0111055 O'REILLY AUTO PARTS 211556 145.7510/21/2024
0097567 ONE HOUR DRY CLEANING 211554 444.1510/21/2024 0111093 OPENGOV, INC. 211555 8,268.7510/21/2024
0018701 ORKIN PEST CONTROL 211557 1,120.9410/21/2024 0104416 OVERDRIVE, INC. 211558 1,452.7510/21/2024
0000012 PACIFIC GAS & ELECTRIC 211559 6,427.1510/21/2024 0015163 PENINSULA SPORTS OFFICIALS ASSOC.INC. 211588 387.0010/21/2024 0018861 PITNEY BOWES 211561 6,000.0010/21/2024
0111229 PORTER CAPITAL CORPORATION 211562 12,848.0010/21/2024 0000285 PREFERRED ALLIANCE, INC. 211563 364.9810/21/2024 0111764 QIYUAN QIU 211564 16.2210/21/2024
0013981 QUILL CORPORATION 211566 115.5410/21/2024
0000175 RECOLOGY SAN BRUNO 211567 1,399.4210/21/2024
0018232 REED & GRAHAM INC. 211568 16,213.0810/21/2024 Page: 2
Docusign Envelope ID: 1F9067F5-4E2E-48DD-8AC1-196E7738EA28

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City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0106293 ROBERT HALF 211572 5,287.6010/21/2024
0104306 ROOTX 211573 1,748.6810/21/2024
0013581 ROVI GUIDES, INC. 211574 3,822.7410/21/2024
0106657 RYAN HARTMAN 211533 390.0010/21/2024
0106070 SAFETY-KLEEN SYSTEMS, INC. 211575 250.0010/21/2024 0018597 SAN MATEO DAILY JOURNAL 211576 30,240.0010/21/2024 0110453 SCHOLARSHARE COLLEGE SAVINGS PLAN 211501 1,000.0010/21/2024 0110453 SCHOLARSHARE COLLEGE SAVINGS PLAN 211502 1,000.0010/21/2024 0111549 SCP DISTRIBUTORS LLC 211578 2,023.5610/21/2024 0018461 SERRAMONTE FORD, INC. 211579 56,970.9810/21/2024 0103732 SFO MEDICAL CLINIC 211580 690.0010/21/2024
0097626 SHARP ELECTRONICS CORP. 211581 150.5910/21/2024 0018962 SHOE DEPOT INC. 211583 1,225.4910/21/2024
0000216 SHOWTIME NETWORKS INC. 211584 576.3810/21/2024 0104787 SINGER ASSOCIATES, INC. 211585 11,363.1410/21/2024 0104548 SLOAN SAKAI YEUNG & WONG LLP 211586 404.5010/21/2024 0103492 SMITHSONIAN NETWORKS 211587 105.0910/21/2024
0107205 SOUTHWEST GREENS NORTHERN CA WEST 211532 1,470.7110/21/2024 0106695 SPECIAL K PRODUCTIONS MOBILE DANCE STUDIO 211550 729.3010/21/2024 0105135 SPOSETO ENGINEERING, INC. 211589 180,277.2410/21/2024 0017857 STERICYCLE, INC. 211591 171.6610/21/2024
0096932 TASC 211593 778.8410/21/2024
0111758 THAHER SHEHADEH 211582 16.2210/21/2024
0103559 THE MLB NETWORK, LLC 211594 749.4010/21/2024
0111753 THE PUBLIC RESTROOM COMPANY 211595 255.0010/21/2024 0111645 TRASHCANS WAREHOUSE 211597 11,890.1110/21/2024 0106645 TRAVIS REED 211569 390.0010/21/2024
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 211570 149.8910/21/2024 0104233 WAVE 211600 17,950.0010/21/2024
0096893 WILSEY HAM 211601 56,684.3510/21/2024
0108261 WOODARD & CURRAN 211603 2,351.2510/21/2024
0109109 WRECO 211604 45,374.2110/21/2024
Total count: 139
GrandTotal: 2,773,957.09
Page: 3
Docusign Envelope ID: 1F9067F5-4E2E-48DD-8AC1-196E7738EA28

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: October 28, 2024

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 211607 through 211753 inclusive, totaling $672,842.81 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $274,517.42
121 Federal/State Grants $21,413.04
122 Solid Waste/Recycle $3,600.00
133 Restricted Revenues $1,424.46
137 Developer Project Contributions $8,544.50
142 Recreation & Aquatics Center (RAC) $7,219.09
201 Parks and Facilities Capital $42,765.26
203 Street Improvement Projects $50,551.84
611 Water Fund $107,010.07
621 Stormwater Fund $25.40
631 Wastewater Fund $21,426.27
641 CityNet Services Fund $18,602.60
651 Parking Fund $67,258.54
701 Central Garage $5,715.97
702 Facility Maintenance Fund $19,517.00
707 Technology Development $1,014.54
711 Self-Insurance $22,236.81
TOTAL FOR APPROVAL $672,842.81

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 972B81C8-C44B-4299-BE3E-54F845009A30 10/30/2024

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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0017770 A-A LOCK & ALARM INC 211607 6,492.2010/28/2024 0104680 ACCESS 24 COMMUNICATIONS INC. 211608 410.4510/28/2024 0111714 ADAM ROULSTON 211713 620.0010/28/2024
0000163 AIRPORT AUTO PARTS INC. 211609 20.7910/28/2024 0111159 ASHLEY CROCIANI 211626 60.9210/28/2024
0017191 AT&T 211610 59.9910/28/2024
0015110 AT&T MOBILITY 211611 101.0210/28/2024
0018465 AT&T MOBILITY 211612 139.2210/28/2024
0105649 ATLAS PLUMBING AND ROOTER,INC. 211613 7,500.0010/28/2024 0110334 BADAWI & ASSOCIATES 211614 21,476.2510/28/2024 0102745 BAY AREA NEWS GROUP 211615 863.7610/28/2024
0109646 BIO CAR CARE 211616 600.0010/28/2024
0000378 BROADMOOR LANDSCAPE SUPPLY 211617 2,341.4910/28/2024 0000098 BRODART CO. 211618 247.2610/28/2024
0016324 CINTAS CORPORATION #464 211620 675.7510/28/2024 0013595 CITY OF SAN BRUNO 211621 1,140.0010/28/2024
0000508 CLEARLITE TROPHIES 211622 384.5610/28/2024
0110941 CORODATA RECORDS MANAGEMENT, INC. 211704 57.9510/28/2024 0015857 COUNTY OF SAN MATEO 211624 246.7610/28/2024
0104729 CRESTMOOR AUTO CENTER 211625 206.4910/28/2024 0018331 CSG CONSULTANTS INC. 211627 35,532.0010/28/2024 0018572 CUTTING EDGE PARTS 211628 157.7710/28/2024
0111706 DAIMHIN KIRWAN 211670 250.0010/28/2024
0111785 DANTE VENTURI 211743 47.0810/28/2024
0111344 DATAWORKS PLUS, LLC 211629 38,251.2210/28/2024 0111787 DAVID LOBATO JR 211676 35.6510/28/2024
0093479 DEPARTMENT OF JUSTICE 211630 1,255.0010/28/2024 0101178 DISCOUNT PLUMBING, INC 211631 24,000.0010/28/2024 0103088 DUNN-EDWARDS CORP. 211632 1,065.3510/28/2024
0017300 ENVIRONMENTAL HEALTH FEE 211634 4,617.7210/28/2024 0000046 EWING IRRIGATION PRODUCTS INC 211635 1,020.1510/28/2024 0013683 F. FERRANDO & CO. 211636 4,654.6910/28/2024
0106349 F.A. POLI, INC. 211637 2,062.5010/28/2024
0106348 FAST AGGREGATES PRODUCTS,INC. 211638 2,615.4910/28/2024 0106234 FASTRAK INVOICE PROCESSING DEPT. 211664 14.0010/28/2024 0102627 FASTRK VIOLATION PROCESSING DEPT. 211745 22.0010/28/2024 0000944 FEDEX 211639 46.6910/28/2024
0109510 FIRST ALARM 211641 160.1410/28/2024
0109785 FIRSTTWO, INC. 211642 7,200.0010/28/2024
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 211643 6,929.7810/28/2024 0018117 FLYERS ENERGY, LLC 211644 15,112.8410/28/2024 0017258 FOUR STAR TRUCK REPAIR 211645 4,421.1510/28/2024 0102869 FRANCHISE TAX BOARD 211646 25.0010/28/2024
0111793 FRANK NICHOLS 211685 50.0010/28/2024
0111789 FUQIAN GAO 211647 28.3910/28/2024
0100938 GABRIEL RICHARDSON 211707 450.0010/28/2024
0111783 GEORGE MUTTO 211683 307.7510/28/2024
0016154 GOETZ BROTHERS SPORTING GOODS 211650 452.8110/28/2024 0102989 GOT POWER INC. 211651 25,418.5910/28/2024
0000162 GRAINGER 211652 22,380.8910/28/2024
0000541 GRANITE ROCK COMPANY 211653 258.1910/28/2024
0105210 GYM PRECISION, INC. 211654 295.0010/28/2024
0111486 HD SUPPLY, INC. 211656 1,694.3110/28/2024
Page: 1
Docusign Envelope ID: 972B81C8-C44B-4299-BE3E-54F845009A30

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111486 HD SUPPLY, INC. 211657 85.4910/28/2024
0111766 HENGDA CONSTRUCTION, INC. 211658 1,200.0010/28/2024 0110056 HH ASSOCIATES US, INC. 211659 807.1710/28/2024 0091727 ICMA MEMBERSHIP RENEWALS 211661 1,200.0010/28/2024 0015531 INTERSTATE BATTERY SYS. OF SF 211662 138.6210/28/2024 0000836 INTOXIMETERS, INC. 211663 12,383.0410/28/2024 0018852 JAMES CACCIA PLUMBING INC. 211665 3,000.0010/28/2024 0111788 JASON HUANG 211660 37.7410/28/2024
0111768 JC TREE CARE 211666 364.0010/28/2024
0104784 JD CESARE CONSTRUCTION 211667 1,500.0010/28/2024 0108549 JEANETTE M FEINBERG 211640 107.1010/28/2024
0111790 JESUS RUPERTO-OSORIO 211714 263.9910/28/2024
0110129 JOHNSON HANG 211655 162.0010/28/2024
0111776 JOY GAYLE 211649 133.2010/28/2024
0000771 JT2 INTEGRATED RESOURCES 211668 22,236.8110/28/2024 0096379 KAREN OJAKIAN 211687 194.4010/28/2024
0017661 KATHY M SCHMIDT 211720 1,684.8010/28/2024
0107201 KERMANI CONSULTING GROUP(KCG) 211669 9,030.0010/28/2024 0110998 LAZ PARKING ASSOCIATES LLC 211672 40,650.4710/28/2024 0103799 LDVALI LLC 211673 309.6010/28/2024
0018777 LEXISNEXIS RISK DATA MANAGEMENT 211710 482.6010/28/2024 0109978 LINDE GAS & EQUIPMENT INC. 211675 189.6610/28/2024 0018177 LOWE'S 211677 1,486.2610/28/2024
0111780 MAN-KIT LEUNG 211674 850.0010/28/2024
0109532 MATRIX HG, INC. 211679 2,674.4910/28/2024
0111786 MATTHEW MAYO 211680 41.6510/28/2024
0016863 MIDWEST TAPE, LLC 211681 87.4810/28/2024
0001709 MILLBRAE LOCK 211682 5.4110/28/2024
0104999 NINYO AND MOORE 211686 41,851.5010/28/2024
0105812 OLIVER REICH 211706 310.5010/28/2024
0097567 ONE HOUR DRY CLEANING 211688 722.9010/28/2024 0000012 PACIFIC GAS & ELECTRIC 211689 78,671.1410/28/2024 0000012 PACIFIC GAS & ELECTRIC 211690 172.2510/28/2024 0106110 PACIFIC OFFICE AUTOMATION 211691 852.5410/28/2024 0103947 PACIFIC SKYLINE COUNCIL 211692 800.0010/28/2024 0111778 PASEFIKA UNITED ALLIANCE 211693 328.0010/28/2024 0001154 PENINSULA LIBRARY SYSTEM 211694 601.6710/28/2024 0014961 PENINSULA UNIFORMS & EQUIPMENT 211695 301.9410/28/2024 0106229 PET FOOD EXPRESS 211696 182.0710/28/2024
0018130 PITNEY BOWES INC. 211697 182.3710/28/2024
0111229 PORTER CAPITAL CORPORATION 211698 3,480.0010/28/2024 0111684 PREMIUM BRANDS SERVICES 211699 154.5010/28/2024 0018801 PROFORCE LAW ENFORCEMENT 211700 576.8510/28/2024 0097558 PURCHASE POWER 211701 455.0210/28/2024
0013981 QUILL CORPORATION 211702 146.4510/28/2024
0000175 RECOLOGY SAN BRUNO 211703 1,563.5310/28/2024
0000229 REEVES CO., INC. 211705 222.5310/28/2024
0111784 RICHARD GARCIA 211648 89.9610/28/2024
0111792 RICHARD NG 211684 50.0010/28/2024
0103531 RICOH USA, INC. 211708 651.8810/28/2024
0103531 RICOH USA, INC. 211709 376.4210/28/2024
0110178 RIVER ENGINEERING 211711 3,606.4010/28/2024
0106293 ROBERT HALF 211712 8,887.6010/28/2024
0111767 ROBERT MARCH 211678 2,500.0010/28/2024
Page: 2
Docusign Envelope ID: 972B81C8-C44B-4299-BE3E-54F845009A30

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Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111782 RONALD CAMPINI 211619 136.7010/28/2024
0108539 ROSALIE L. STEINWAY 211729 189.0010/28/2024
0106070 SAFETY-KLEEN SYSTEMS, INC. 211715 100.0010/28/2024 0018516 SAN BRUNO ROTARY CLUB 211716 328.0010/28/2024 0017807 SAN MATEO COUNTY CONTROLLER'S OFFICE 211623 27,224.8010/28/2024 0099047 SAN MATEO CTY SHERIFF'S OFFICE 211717 3,381.0010/28/2024 0017145 SAN MATEO LAWN MOWER SHOP 211718 164.3810/28/2024 0018775 SCA ENVIRONMENTAL INC. 211719 1,474.0010/28/2024 0106241 SCOTT SMITHMATUNGOL 211727 198.3710/28/2024
0108537 SCOTT TONG 211738 43.2010/28/2024
0111549 SCP DISTRIBUTORS LLC 211721 2,776.2310/28/2024 0109773 SECURITY 101 211722 230.1610/28/2024
0111791 SHELDON KWAN 211671 50.0010/28/2024
0109953 SHRED CITY 211723 63.7210/28/2024
0018214 SIGILLO SUPPLY INC. 211724 159.9810/28/2024
0104787 SINGER ASSOCIATES, INC. 211725 20,582.2410/28/2024 0105745 SMELLY MEL'S PLUMBING 211726 3,000.0010/28/2024 0110326 SNG & ASSOCIATES, INC. 211728 8,257.5010/28/2024 0109977 STEVE BLANC INVESTIGATIONS 211730 1,800.0010/28/2024 0095565 SWINERTON BUILDERS 211731 3,015.0010/28/2024
0018670 T-MOBILE USA, INC. 211737 115.0010/28/2024
0110995 T2 SYSTEMS CANADA INC. 211732 23,579.4210/28/2024 0110995 T2 SYSTEMS CANADA INC. 211733 3,028.6510/28/2024 0111765 TAK COMMUNICATIONS 211734 1,000.0010/28/2024
0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 211633 3,599.1710/28/2024 0000241 THE ADAM-HILL COMPANY 211735 12.5510/28/2024
0017527 TIFCO INDUSTRIES INC. 211736 274.9810/28/2024 0106660 TRIDENT K9 CONSULTING INC. 211739 550.0010/28/2024 0018618 UNITED SITE SERVICES INC. 211740 325.9310/28/2024 0102744 UNIVERSAL BUILDING SERVICES 211741 17,891.5010/28/2024 0105133 UTILITY TELECOM, INC. 211742 216.6810/28/2024 0095749 VERIZON WIRELESS 211744 3,631.2810/28/2024
0108652 WATER WORKS ENGINEERS, LLC 211746 6,934.9110/28/2024 0110533 WELLABLE LLC 211747 903.0010/28/2024
0096767 WEST COAST ARBORISTS, INC. 211748 4,542.7210/28/2024 0104660 WEST YOST ASSOCIATES, INC. 211749 18,730.7610/28/2024 0096893 WILSEY HAM 211750 15,256.8410/28/2024
0013841 WITMER-TYSON IMPORTS INC 211751 1,919.6210/28/2024 0108261 WOODARD & CURRAN 211752 2,600.0010/28/2024
0018242 ZAP MANUFACTURING INC. 211753 1,034.5110/28/2024 Total count: 147
GrandTotal: 672,842.81
Page: 3
Docusign Envelope ID: 972B81C8-C44B-4299-BE3E-54F845009A30

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 4, 2024

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 2 inclusive, and/or claims numbered from 211754 through 211843 inclusive, totaling $1,058,141,05 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $119,147.00
122 Solid Waste/Recycle $1,800.00
133 Restricted Revenues $1,639.07
141 Community Development $27,716.26
142 Recreation & Aquatics Center (RAC) $4,044.61
201 Parks and Facilities Capital $15,909.03
203 Street Improvement Projects $485,314.51
611 Water Fund $48,544.02
621 Stormwater Fund $232,352.29
631 Wastewater Fund $108,215.02
641 CityNet Services Fund $3,858.42
651 Parking Fund $718.00
701 Central Garage $2,429.83
702 Facility Maintenance Fund $2,248.53
707 Technology Development $4,204.46
TOTAL FOR APPROVAL $1,058,141.05

Respectfully submitted,

_________________________
Chief Financial Officer Date
Docusign Envelope ID: 083D4045-14A9-4FE9-96FB-574B3C486AE7 11/4/2024

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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0110686 AAA RENTALS 211754 2,976.0011/4/2024
0097137 ALERT DOOR SERVICE INC 211755 450.0011/4/2024 0110783 ALEX MCINTYRE 211800 1,668.5611/4/2024
0111802 ANDY CRESS 211770 11.4811/4/2024
0016123 AT&T 211756 1,066.2711/4/2024
0000345 BAKER & TAYLOR BOOKS 211757 2,228.9511/4/2024 0111704 BLICK ART MATERIALS 211759 180.6311/4/2024
0000378 BROADMOOR LANDSCAPE SUPPLY 211760 426.3211/4/2024 0000098 BRODART CO. 211761 162.8111/4/2024
0108944 BRYAN WONG 211838 260.0011/4/2024
0108665 BUBBA'S FIRE EXTINGUISHER CO. 211762 1,225.0011/4/2024 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 211794 527.3611/4/2024 0110323 CAPF 211763 944.0011/4/2024
0111798 CARLOS SOLORZANO 211826 1,000.0011/4/2024
0017679 CDW GOVERNMENT, INC 211764 907.2211/4/2024
0108571 CHARLES CLIFFORD 211767 20.0911/4/2024
0017284 CHEMSEARCHFE 211765 913.0611/4/2024
0111801 CHERYL NEWTON 211804 374.2111/4/2024
0105811 CSAC EXCESS INSURANCE AUTHORITY 211778 14,100.5911/4/2024 0018331 CSG CONSULTANTS INC. 211771 10,474.0011/4/2024 0096829 DKF SOLUTIONS GROUP, LLC 211772 3,900.0011/4/2024 0103088 DUNN-EDWARDS CORP. 211773 2,007.9511/4/2024
0111777 EAST BAY MOTORSPORTS INC. 211774 19,987.3411/4/2024 0018899 EOA INC. 211776 19,199.6011/4/2024
0111806 ERIK SANDOVAL 211820 34.3011/4/2024
0000046 EWING IRRIGATION PRODUCTS INC 211777 559.4511/4/2024 0111363 FARALLON COMPANY ENGINEERING 211779 172,054.5011/4/2024 0000944 FEDEX 211780 46.7911/4/2024
0109510 FIRST ALARM 211781 220.6511/4/2024
0000162 GRAINGER 211782 73.0311/4/2024
0095966 GREAT AMERICA FINANCIAL SVC. 211783 280.6611/4/2024 0108221 HDL COREN & CONE 211785 3,556.2511/4/2024
0096946 HDR ENGINEERING, INC. 211786 23,142.7411/4/2024 0016941 INTERSTATE GRADING&PAVING,INC. 211789 268,052.9011/4/2024 0111804 JAMES MCGOFF 211799 50.0011/4/2024
0111808 JINHAO HU 211788 115.1511/4/2024
0107854 JOHN BARBIERI 211758 250.0011/4/2024
0111807 JOSEPH HOLLINGTON 211787 41.1311/4/2024
0000075 K-119 TOOLS OF CALIFORNIA INC. 211790 39.2311/4/2024 0018050 KAISER FOUNDATION HEALTH PLAN 211791 5,495.8611/4/2024 0111576 KITTELSON & ASSOCIATES, INC. 211792 22,722.5011/4/2024 0110252 KRISELLE ZEVADA 211843 580.0011/4/2024
0111805 KUNAL SUNIL CHHABARIA 211766 21.5311/4/2024
0000317 L.N. CURTIS & SONS 211793 4,771.8011/4/2024
0111809 LEV ZEMLYANOV 211842 181.6511/4/2024
0018177 LOWE'S 211796 3,183.2611/4/2024
0111799 MALLORY SAFETY AND SUPPLY LLC 211797 1,290.6311/4/2024 0109961 MARIACHI NUEVA GENERACION 211798 1,150.0011/4/2024 0016863 MIDWEST TAPE, LLC 211801 134.5011/4/2024
0105877 NATIONAL TRAINING CONCEPTS,INC 211802 307.0011/4/2024 0102920 NBS 211803 5,192.2511/4/2024
0111055 O'REILLY AUTO PARTS 211808 528.4911/4/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 211805 189.9211/4/2024 Page: 1
Docusign Envelope ID: 083D4045-14A9-4FE9-96FB-574B3C486AE7

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0097567 ONE HOUR DRY CLEANING 211806 418.6011/4/2024
0000012 PACIFIC GAS & ELECTRIC 211809 43,724.4011/4/2024 0000101 PACIFIC NURSERIES 211810 308.4411/4/2024
0017948 PANAYIOTIS DEDES 211811 298.2711/4/2024
0111615 PETER JOSEPH BEIREIS 211812 2,000.0011/4/2024 0000294 PITNEY BOWES 211813 2,593.3011/4/2024
0111539 PJC ENTERPRISES, LLC 211814 12,933.0311/4/2024 0111229 PORTER CAPITAL CORPORATION 211815 3,480.0011/4/2024 0013981 QUILL CORPORATION 211816 89.7111/4/2024
0106293 ROBERT HALF 211817 7,087.6011/4/2024
0111800 RUSSELL ONG 211807 35.0011/4/2024
0017807 SAN MATEO COUNTY CONTROLLER'S OFFICE 211769 20,894.3011/4/2024 0018597 SAN MATEO DAILY JOURNAL 211818 2,016.0011/4/2024 0017145 SAN MATEO LAWN MOWER SHOP 211819 708.9611/4/2024 0111549 SCP DISTRIBUTORS LLC 211821 476.1411/4/2024
0018461 SERRAMONTE FORD, INC. 211822 1,176.0611/4/2024 0097626 SHARP ELECTRONICS CORP. 211823 126.9711/4/2024 0018962 SHOE DEPOT INC. 211824 797.2911/4/2024
0105745 SMELLY MEL'S PLUMBING 211825 58,600.0011/4/2024 0111370 SUAREZ&MUNOZ CONSTRUCTION, INC 211827 127,457.4611/4/2024 0018264 SUMMERHILL HOMES, LLC 211828 26,990.8711/4/2024 0111803 SUSAN LEACH 211795 14.3511/4/2024
0095565 SWINERTON BUILDERS 211829 21,372.0011/4/2024
0096932 TASC 211830 84.7011/4/2024
0018073 TEAMSTERS LOCAL 350 211831 3,290.0011/4/2024
0015691 TEAMSTERS LOCAL 856 211832 12,462.0011/4/2024 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 211775 496.0011/4/2024 0106617 THE SHERWIN-WILLIAMS CO. 211833 203.9311/4/2024 0111092 THOMAS HAMILTON 211784 339.7011/4/2024
0017133 TURBO DATA SYSTEMS INC 211834 6,067.5811/4/2024 0102744 UNIVERSAL BUILDING SERVICES 211835 1,660.7211/4/2024 0095749 VERIZON WIRELESS 211836 6,007.6611/4/2024
0105955 WEST COAST CODE CONSULTANTS, INC. 211768 797.5011/4/2024 0096893 WILSEY HAM 211837 41,656.5011/4/2024
0104022 WORLD JOURNAL SF, LLC 211839 540.0011/4/2024
0109476 WORLDPAC INC 211840 416.1111/4/2024
0109109 WRECO 211841 51,242.2911/4/2024
Total count: 90
GrandTotal: 1,058,141.05
Page: 2
Docusign Envelope ID: 083D4045-14A9-4FE9-96FB-574B3C486AE7

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24 of 172
Item 6c.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Nick Pegueros, Administrative Services Director & CFO PREPARED BY: Esther Garibay, Finance Manager
SUBJECT: Month End Investment Report – October 2024
The table below summarizes the investment portfolio’s total book value by Investment type.

Investment Type Total Book Value
TriCounties Bank $8,093,745
Wells Fargo Bank /Sweep Money Market 37,337,804
CalTrust Liquid Money Market Fund 11,689,666
CalTrust Medium Term Fund 20,289,808
Local Agency Investment Fund 25,858,305
Government Agency Investments 89,902,523
Municipal Bonds 26,494,219
Certificate of Deposit 500,000
Money Market Investments 16,492,275
Total Investments $236,658,347
All securities held by the City of San Bruno as of October 2024 are in compliance with the City’s Investment Policy adopted on September 12, 2023.

Respectfully submitted,
_____ __________
Administrative Services Director & CFO Date
Docusign Envelope ID: B077326B-1566-4C54-B411-EBC4D457244E 11/6/2024
25 of 172
Item 6d.

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
Short Term Investments
TriCounties Bank Cash Balance 8,093,745 8,093,745 4.39% N/A 3% Wells Fargo General Acct /Sweep Money Market 37,337,804 37,337,804 4.73% N/A 16% CalTrust Liquidity Money Market Fund 11,689,666 11,689,666 4.98% N/A 5% CalTrust Medium Term Fund 20,289,808 20,289,808 4.20% N/A 9% Total CalTrust 31,979,474 31,979,474 14% Pooled Investments
Local Agency Investment Fund 22,298,415 22,298,415 4.52% NA 9% Glenview Fire Local Agency Investment Fund 3,559,890 3,559,890 4.52% NA 2% Total LAIF 25,858,305 25,858,305 11% US Bank Portfolio/Securities
Money Market Investments
U.S. Government Money Market 31846V567 12,639,548.28 12,639,548 4.74% NA 5% U.S. Treasury Bills
U.S. Treasury Bills 5.15% 912797LP0 1,949,358 1,989,560 4.47% December 12, 2024 1% U.S. Treasury Bills 4.85% 912797LN5 1,903,369 1,948,200 3.97% June 12, 2025 1% Total Money Market and US Treas. Bills Investments 16,492,275 16,577,308 7% Certificate of Deposit
Morgan Stanley Bank Brokered CD 1.95% 61690UPF1 250,000 249,430 1.84% November 29, 2024 0.11% Morgan Stanley Private Bank Brokered CD 1.90% 61760A3L1 250,000 249,420 1.80% November 29, 2024 0.11% Total Certificate of Deposit 500,000 498,850 0% Total Short Term Investments 120,261,605 120,345,488 Municipal Bonds
California St Univ Revenue Txbl Ref Ser B 2.18% 13077DHM7 1,547,193 1,520,000 1.51% November 1, 2024 1% California St Federally Taxable Var 3.38% 13063DGB8 1,105,910 998,877 0.69% April 1, 2025 0% California St Federally Taxable Var 3.38% 13063DGB8 1,466,885 1,324,916 0.65% April 1, 2025 1% University Calif Revs Taxable Gen Bds 0.88% 91412HGE7 1,513,455 1,471,545 0.65% May 15, 2025 1% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax 0.77% 54438CYK2 2,000,000 1,945,820 0.77% August 1, 2025 1% California St Univ Revenue 0.89% 13077DML3 1,459,170 1,448,460 1.64% November 1, 2025 1% California St Taxable Various GOB 2.65% 13063DMA3 1,068,690 977,690 1.07% April 1, 2026 0% Pasadena USD non-callable GOB 2.07% 702282QD9 1,043,920 967,940 1.09% May 1, 2026 0% Los Angeles Unified SD non-callable 1.46% 544547FC9 2,009,340 1,905,000 1.35% July 1, 2026 1% Southern California St Public Pwer Auth 1.26% 842475P82 1,555,751 1,508,433 1.77% July 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation 3.18% 798170AJ5 1,405,984 1,296,172 1.51% August 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation 3.18% 798170AJ5 1,223,083 1,127,557 2.09% August 1, 2026 1% Cupertino UHSD Taxable non-callable GOB 2.15% 231237P28 1,057,240 962,040 0.96% August 1, 2026 0% Santa Monica CCD taxable non-callable GOB 1.04% 802385RR7 755,235 708,803 0.90% August 1, 2026 0% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax 1.17% 54438CYL0 998,010 945,630 1.22% August 1, 2026 0% San Dieguito CA Union High Sch Dist 1.86% 797508HF8 987,050 958,670 2.17% August 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 736,400 677,778 1.28% October 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 743,022 683,873 1.37% October 1, 2026 0% California St Univ Revenue 1.14% 13077DQE5 949,640 938,810 1.14% November 1, 2026 0% Los Angeles CA Dept of ARPTS ARPT Revenue 1.10% 544445TW9 991,001 1,038,758 3.74% May 15, 2027 0% University Calif Rgts Med Center Poold Rev Taxable Srs M 2.56% 913366JB7 1,877,240 1,904,540 4.68% May 15, 2027 1% Total Municipal Bonds Investments 26,494,219 25,311,310 11%

Page 1 ends

CITY OF SAN BRUNO
Portfolio Summary
October 31, 2024
Docusign Envelope ID: B077326B-1566-4C54-B411-EBC4D457244E

26 of 172

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
US Treasuries & Agencies
U.S. Treasury Notes 2.25% 912828G38 2,115,000 1,998,100 0.53% November 15, 2024 1% U.S. Treasury Notes 1.75% 912828YY0 2,081,563 1,990,860 0.58% December 31, 2024 1% U.S. Treasury Notes 1.38% 912828Z52 2,055,313 1,984,260 0.60% January 31, 2025 1% U.S. Treasury Notes 1.13% 912828ZC7 2,036,016 1,977,720 0.63% February 28, 2025 1% U.S. Treasury Notes 0.50% 912828ZF0 1,989,219 1,967,960 0.64% March 31, 2025 1% U.S. Treasury Notes 4.25% 91282CHD6 983,633 998,840 5.32% May 31, 2025 0% U.S. Treasury Notes 0.25% 912828ZW3 1,963,750 1,946,360 0.71% June 30, 2025 1% Federal Farm Credit Bank 5.13% 3133ERDY4 2,000,258 2,009,920 5.11% May 9, 2025 1% U.S. Treasury Notes 0.25% 91282CAB7 1,305,746 1,285,104 0.60% July 31, 2025 1% U.S. Treasury Notes 0.25% 91282CAJ0 1,958,750 1,932,820 0.75% August 31, 2025 1% U.S. Treasury Notes 5.00% 91282CHV6 1,990,938 2,009,360 5.25% August 31, 2025 1% U.S. Treasury Notes 0.25% 91282CAM3 1,967,446 1,927,100 0.63% September 30, 2025 1% U.S. Treasury Notes 5.00% 91282CJB8 1,991,953 2,011,120 5.22% September 30, 2025 1% U.S. Treasury Notes 0.26% 91282CAT8 1,465,547 1,440,810 0.76% October 31, 2025 1% U.S. Treasury Notes 5.00% 91282CJE2 2,016,563 2,012,820 4.17% October 31, 2025 1% Federal Farm Credit Bank 4.88% 3133EPC37 1,295,239 1,307,670 5.07% November 13, 2025 1% U.S. Treasury Notes 0.38% 91282CAZ4 1,962,891 1,917,260 0.78% November 30, 2025 1% U.S. Treasury Notes 4.00% 91282CGA3 990,610 996,800 4.69% December 15, 2025 0% U.S. Treasury Notes 0.38% 91282CBC4 1,971,878 1,912,040 0.69% December 31, 2025 1% U.S. Treasury Notes 0.38% 91282CBH3 970,234 953,200 1.10% January 31, 2026 0% U.S. Treasury Notes 1.57% 912828P46 2,075,391 1,934,680 0.84% February 15, 2026 1% U.S. Treasury Notes 0.51% 91282CBQ3 1,966,172 1,903,360 0.85% February 28, 2026 1% U.S. Treasury Notes 4.63% 91282CGR6 2,001,328 2,009,840 4.58% March 15, 2026 1% U.S. Treasury Notes 0.75% 91282CBT7 1,884,859 1,809,826 0.91% March 31, 2026 1% Federal Farm Credit Bank 4.63% 3133EP7C3 1,986,960 2,011,400 4.98% April 1, 2026 1% U.S. Treasury Notes 0.75% 91282CBW0 1,987,813 1,900,000 0.88% April 30, 2026 1% U.S. Treasury Notes 1.63% 912828R36 1,456,000 1,346,576 0.80% May 15, 2026 1% Federal Home Loan Bank 0.88% 3130AN4T4 1,148,747 1,090,718 0.90% June 12, 2026 0% U.S. Treasury Notes 0.63% 91282CCP4 992,773 940,430 0.77% July 31, 2026 0% U.S. Treasury Notes 0.75% 91282CCW9 1,997,813 1,880,000 0.77% August 31, 2026 1% U.S. Treasury Notes 1.63% 912828YG9 1,034,219 954,100 0.92% September 30, 2026 0% U.S. Treasury Notes (WIT) 0.88% 91282CCZ2 997,227 940,040 0.93% September 30, 2026 0% U.S. Treasury Notes 4.63% 91282CJC6 988,477 1,008,480 5.04% October 15, 2026 0% U.S. Treasury Notes (WIT) 1.13% 91282CDG3 995,391 941,808 1.22% October 31, 2026 0% U.S. Treasury Notes (WIT) 1.13% 91282CDG3 996,367 942,732 1.20% October 31, 2026 0% U.S. Treasury Notes (WIT) 1.25% 91282CDK4 1,501,684 1,413,930 1.23% November 30, 2026 1% Federal Farm Credit Bank 4.83% 3133EPM28 2,000,000 2,005,900 4.83% December 11, 2026 1% U.S. Treasury Notes 1.25% 91282CDQ1 1,647,422 1,552,485 1.28% December 31, 2026 1% U.S. Treasury Notes 4.00% 91282CJT9 3,968,125 3,987,640 4.34% January 15, 2027 2% U.S. Treasury Notes 1.25% 912828Z78 1,995,685 1,887,580 1.55% January 31, 2027 1% U.S. Treasury Notes 4.13% 91282CKA8 2,004,260 1,998,980 4.03% February 15, 2027 1% U.S. Treasury Notes 1.88% 91282CEC1 1,982,500 1,900,320 2.06% February 28, 2027 1% U.S. Treasury Notes 2.50% 91282CEF4 1,475,156 1,444,860 2.86% March 31, 2027 1% U.S. Treasury Notes 0.50% 912828ZN3 1,326,680 1,371,675 2.86% April 30, 2027 1% U.S. Treasury Notes 4.13% 91282CFM8 2,006,875 2,000,320 4.00% September 30, 2027 1% U.S. Treasury Notes 4.00% 91282CGP0 1,998,364 1,990,860 4.03% February 29, 2028 1% U.S. Treasury Notes 4.38% 91282CHX2 2,033,125 2,014,620 3.91% August 31, 2028 1% Federal Farm Credit Bank 4.63% 3133EPC45 1,294,557 1,321,086 4.72% November 13, 2028 1% Federal Home Loan Bank 4.50% 3130AVBD3 1,986,480 2,017,900 4.65% March 29, 2029 1% U.S. Treasury Notes 4.63% 91282CKP5 2,059,531 2,037,900 3.90% April 30, 2029 1% Federal Home Loan Bank 4.20% 3130B3CP6 3,000,000 2,960,670 4.20% October 9, 2029 1% Total U.S. Treasuries & Agencies 89,902,523 88,100,840 38% TOTAL PORTOFLIO 236,658,347 233,757,638 3.453% 100% There is adequate cash flow and maturity of investments to meet the City's needs for the next six months.

Prepared By:

Reviewed By: Page 2
October 31, 2024

CITY OF SAN BRUNO
Portfolio Summary
Docusign Envelope ID: B077326B-1566-4C54-B411-EBC4D457244E

27 of 172

Monthly Portfolio Allocation by Investment
Sector ($Millions) Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Sep-24 TriCounties Bank Interest Bearing $11.9 $76.1 $68.2 $66.1 $65.8 $67.7 $64.8 $64.8 $67.9 $21.9 $12.2 $9.7 $10.1 $11.5 $22.0 $15.2 $15.7 $13.2 $14.7 $18.8 $17.6 $19.1 $10.2 $13.9 $13.7 $8.1 Wells Fargo Bank/Sweep MM - - - - - - - - - $42.0 $42.2 $24.4 $25.4 $22.7 $23.9 $22.9 $23.9 $20.9 $22.1 $27.7 $23.9 $26.7 $21.4 $19.3 $19.9 $37.3 CalTrust Liquid MM Fund - - - - - - - - - - - - - - - $2.0 $2.0 $12.1 $22.1 $22.2 $25.3 $25.4 $15.5 $11.6 $11.6 $11.7 Caltrust Medium Term Fund - - - - - - - - - - - - - - - - - - - - - - $20.1 $20.3 $20.4 $20.3 Local Agency Investment Fund 26.0 21.0 33.0 33.1 33.2 33.2 33.2 33.2 33.4 33.4 33.7 51.5 44.5 44.8 29.8 29.8 30.2 30.2 15.2 15.5 15.5 15.5 15.7 15.6 15.7 25.9 San Mateo County Pool 27.2 24.4 25.0 33.7 35.8 36.1 36.7 36.7 43.2 43.6 38.6 40.4 40.7 36.6 37.2 45.2 47.7 41.9 36.8 32.7 28.7 25.2 22.5 22.6 20.0 - Government Agency/Treasury Bonds 74.4 74.4 74.4 74.4 74.4 74.4 74.4 74.4 74.4 74.4 74.4 74.4 74.4 94.3 95.9 97.9 92.5 90.5 88.6 95.9 98.4 98.4 101.9 99.9 96.9 89.9 Municipal Bond Investments 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 27.3 25.7 25.7 25.7 25.7 27.6 27.6 27.6 27.6 27.6 26.5 26.5 26.5 Certificates of Deposit 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 US Bank - Money Market 0.3 0.1 0.2 0.2 0.3 0.5 0.6 0.6 0.9 0.9 6.4 6.6 6.6 5.9 6.1 4.2 9.8 12.1 17.2 5.4 7.2 11.7 8.4 11.6 14.9 16.5 Total $167.5 $223.8 $228.6 $235.3 $237.3 $239.7 $237.5 $237.5 $247.6 $244.0 $235.3 $234.8 $229.5 $243.6 $241.1 $243.4 $248.0 $247.0 $244.7 $246.3 $244.7 $250.2 $243.8 $241.8 $240.1 $236.6 Average Rate of Return 1.10% 0.82% 0.95% 1.07% 1.16% 1.18% 1.26% 1.36% 1.38% 2.28% 2.54% 2.44% 2.44% 2.70% 2.97% 3.04% 3.18% 3.19% 3.33% 3.40% 3.44% 3.52% 3.52% 3.46% 3.61% 3.45% October 31, 2024
Portfolio Summary Metrics

CITY OF SAN BRUNO
$0
$50
$100
Monthly Portfolio Allocation
by Investment Sector
($Millions)
San Mateo County Pool
Government Agency/Treasury Bonds
Certificates of Deposit
US Bank - Money Market
TriCounties Bank Interest Bearing
Wells Fargo Bank/Sweep MM
CalTrust Liquid MM Fund
Local Agency Investment Fund
Municipal Bond Investments
Caltrust Medium Term Fund 0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

3.50%

4.00%
Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Investment Portfolio - Average Rate of Return
Docusign Envelope ID: B077326B-1566-4C54-B411-EBC4D457244E

28 of 172

Cash Fund Total
8,259,126.07 8,318,988.06
12,703,482.37 12,703,482.37
14,445,292.92 14,445,292.92
10,892,935.71 10,892,935.71
1,723,815.49 1,723,815.49

0.00 0.00

0.00 0.00
196,023.54 196,023.54
110,485.87 110,485.87
4,408.09 4,408.09
1,056,595.46 1,056,595.46
657,416.65 657,416.65
203,692.71 203,692.71
17,370.98 17,370.98
501,158.86 501,158.86

0.90 0.90
4,119,111.87 4,119,111.87
(27,240.77) (27,240.77)
2,259,528.64 2,259,528.64
925,102.65 925,102.65
1,512,345.57 1,512,345.57
10,433,089.60 10,433,089.60

0.00 0.00
2,435,172.44 2,435,172.44
(133,189.01) (133,189.01)

0.00 0.00
700,648.55 700,648.55
705,298.40 705,834.58
4,478,134.44 4,478,134.44
22,655.07 22,655.07
376,687.78 376,687.78
6,050,849.26 6,050,849.26
331,358.16 331,358.16
4,894,452.76 4,894,452.76
11,264,752.56 11,264,752.56

0.00 0.00
10,046,739.50 10,046,739.50
15,665,749.11 15,665,749.11
2,095,925.84 2,095,925.84
110,223.34 110,669.64
49,849,313.20 49,849,947.50
2,393,785.40 2,393,785.40
48,707,160.41 48,768,351.49
5,698,221.54 5,698,221.54
1,112,355.85 1,112,355.85
(86,259.92) (86,259.92)
58,079.72 58,079.72
2,539,089.42 2,539,089.42
597,158.85 597,158.85
2,327,840.83 2,418,959.33

0.00 0.00
242,235,946.68 242,449,735.03
* Reconciliation of Pooled Cash & Investments to Portfolio Book Value I
nvestment Portfolio Value 233,524,935.14
Cash on hand - Checking Account 10,229,109.00
Payroll and Accounts Payable Outstanding Checks (1,098,403.62) Deposits in Transit (419,693.84)
General Ledger Cash Balance as of June 30, 2024 242,235,946.68 Prepared By: ____________________________________________________ Reviewed By: ____________________________________________________ 891 RECOLOGY SAN BRUNO 0.00
Grand Total: 213,788.35
Totals are through period: 1
707 TECHNOLOGY DEVELOPMENT 0.00
711 SELF INSURANCE 91,118.50
702 FACILITY MAINT.FUND 0.00
703 GENERAL EQUIPMENT REVOLVING 0.00
651 PARKING FUND 0.00
701 CENTRAL GARAGE 0.00
631 WASTEWATER FUND 61,191.08
641 CITYNET SERVICES FUND 0.00
611 WATER FUND 634.30
621 STORMWATER FUND 0.00
207 TECHNOLOGY CAPITAL 0.00
302 LEASE DEBT SERVICE 446.30
201 PARKS AND FACILITIES CAPITAL 0.00
203 STREET IMPROVE. PROJECTS 0.00
166 COMMUNITY BENEFIT FUND 0.00
190 DISASTER RECOVERY FUND 0.00
164 UTILITIES FACILITIES IMPACT FEE 0.00
165 BAYHILL SPECIFIC PLAN AREA DEVELOPMENT 0.00
162 GENERAL GOVERNMENT FACILITIES IMPACT F 0.00
163 TRANSPORTATION FACILITIES IMPACT FEE 0.00
160 COMMUNITY FACILITIES IMPACT FEE 0.00
161 PUBLIC SAFETY FACILITIES IMPACT FEE 0.00
152 CITY OF SB AS SUCCESSOR HOUSING AGENCY 0.00
153 RDA OBLIGATION RETIREMENT FUND 536.18
142 RECREATION & AQUATICS CENTER (RAC) 0.00
151 SUCCESSOR AGENCY TO THE SB RDA - OPS 0.00
140 DEVELOPER IN-LIEU UNDERGROUNDING 0.00
141 COMMUNITY DEVELOPMENT 0.00
137 DEVELOPER PROJECT CONTRIBUTIONS 0.00
138 AFFORDABLE HOUSING IMPACT FEES 0.00
133 RESTRICTED REVENUES 0.00
136 EMERGENCY DISASTER RESERVE 0.00
131 IN-LIEU FEES 0.00
132 AGENCY ON AGING 0.00
122 SOLID WASTE/RECYCL. 0.00
130 IMPACT FEES 0.00
113 POLICE SPECIAL REVENUE 0.00
121 FEDERAL/STATE GRANTS 0.00
104 MEASURE W TRANSPORTATION TAX 0.00
111 POLICE ASSET FORFEITURE 0.00
102 MEASURE A TRANSPORTATION TAX 0.00
103 STREET SPECIAL REVENUE 0.00
009 PARKING FUND 0.00
101 GAS TAX 0.00
005 MEASURE G DISTRICT SALES TAX 0.00
006 AMERICAN RESCUE PLAN ACT 0.00
003 ONE-TIME REVENUE 0.00
004 CAP IMPROV/ONE-TIME INITIATIVE RSRV 0.00
Investments
001 GENERAL FUND 59,861.99
002 GENERAL FUND RESERVE 0.00
glCashInv.rpt Cash and Investments Report Page: 1
11/6/2024 10:37:20AM
City of San BrunoThrough period: 1
Through July 2024
Docusign Envelope ID: DE0714D5-68AB-4A27-B0E8-91F735A4FD4C 11/6/2024
11/6/2024
29 of 172
Item 6e.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Steve Ojeda, Assistant Engineer
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Waive the Encroachment Permit Fees, Staff Labor Reimbursement Fees, and Appropriating $765.71 from General Funds for a Community Holiday Party Road Closure on Glen Avenue on December 8, 2024
BACKGROUND:

The City has received a request to close the entrance to the Glen Avenue cul-de-sac (the 1900 block) at Glen Avenue, on the night of December 8, 2024, for a Holiday Santa Event (Holiday Party). This Holiday Party has been occurring yearly over the past 15 years aside from 2020 and 2021. While this event is open to the community, the City is not involved in the event, as it is hosted and organized by the residents on this block. The City is processing an Encroachment Permit application as the means by which the City will permit the short-term road closure for this private road closure.

As part of the process for issuing the Encroachment Permit, the City, based on the adopted Master Fee Schedule, requires the Applicant to pay an application fee, reimburse the City for the labor costs the City incurs while providing the barricades for the road closure, and obtain an insurance policy for the road closure. The Applicant has requested that the City waive the Encroachment Permit Application filing fee and the cost of staff time to drop off and pick up the barricades for the road closure. The purpose of this staff report is to seek City Council’s action to waive these fees. The applicant has obtained a one-day certificate of insurance naming the City as an additional insured for this event, as required by the City for Encroachment Permits.

DISCUSSION:

The following is a breakdown of the various amounts the Applicant is required to pay for the requested road closure based on the adopted Master Fee Schedule. These fees are being requested by the applicant to waive for the community event.

The description of the fees are as follow:
• The Encroachment Permit Application filing fee is the standard fee from the City’s Master Fee Schedule.
30 of 172
Item 6f.

Honorable Mayor and Members of the City Council
November 12, 2024

Page 2 of 2 ends

8 9
2 •The reimbursement for labor is the cost for City Public Works staff time in the Master Fee Schedule to drop off and pick up the barricades that the City provides for the road closure.

Costs for each follow:

Encroachment Permit Application Filing Fee $562.00 Reimbursement for labor for dropping off and picking up barricades $203.71 TOTAL ESTIMATED FEES: $765.71

Waiving the requested payments by the Applicant means those costs will be paid by the City’s General Fund.

FISCAL IMPACT:

The City will incur the cost of $765.71 for the Encroachment Permit fee and labor costs to drop off and pick up the barricades. Adequate funding is available in the General Fund.

ENVIRONMENTAL IMPACT:

This action does not include approval of any activity that has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is excluded from the definition of a “project” under Section 15378(a) of the State CEQA Guidelines. In addition, Section 15378(b)(4) provides that the definition of “project” does not include the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.

RECOMMENDATION:

Adopt a Resolution Authorizing the City Manager to Waive the Encroachment Permit Fees, Staff Labor Reimbursement Fees, and Appropriating $765.71 From General Funds for a Community Holiday Party Road Closure on Glen Avenue on December 8, 2024 ALTERNATIVES:

1. Do not approve the resolution.

2. Modify the resolution and approve a partial waiver of City fees.

ATTACHMENTS:

1. Resolution

31 of 172

RESOLUTION NO. 2024 - ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING

THE CITY MANAGER TO WAIVE THE ENCROACHMENT PERMIT FEES, STAFF LABOR REIMBURSEMENT FEES, AND APPROPRIATING $765.71 FROM

GENERAL FUND RESERVE FOR A COMMUNITY HOLIDAY PARTY ROAD CLOSURE ON GLEN AVENUE ON DECEMBER 8, 2024
WHEREAS, a resident of San Bruno (the Applicant) has requested the closure of the entrance to the Glen Avenue cul-de-sac (the 1900 block) at Glen Avenue on the night of December 8, 2024, for a community holiday party; and
WHEREAS, this holiday party has been a yearly event for over 15 years except 2020 and 2021; and
WHEREAS, the City is processing an Encroachment Permit as the means by which the City will permit the short-term road closure; and
WHEREAS, the City has requested the Applicant pay a filing fee for the Encroachment Permit application; and
WHEREAS, the City has requested the Applicant reimburse the City for the cost for City Public Works staff in the Master Fee Schedule to drop off and pick up the barricades that the City provides for the road closure; and
WHEREAS, the Applicant has requested that all of the fee payments requested by the City be waived, and
WHEREAS, the Public Works Department requests that additional General Funds, from the General Fund reserves, be appropriated to pay the waived amounts in the Department’s operating budget, and
WHEREAS, the Applicant’s Holiday Party serves a valid public purpose by promoting a sense of community and improving the well-being of the City’s residents.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby waives the encroachment permit fees and staff labor reimbursement fees, and appropriates $765.71 from General Fund Reserves for a Halloween Community Event Road Closure on Glen Avenue on December 8, 2024.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - ______ was introduced and adopted by the San Bruno City Council at a regular meeting on November 12, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
______________________________
Lupita Huerta, City Clerk
32 of 172
ATTACHMENT 1
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Travis M. Karlen
PREPARED BY: Travis Karlen, Community Services Director SUBJECT: Consider Adoption of a Resolution Ratifying the City Manager’s Execution of an Agreement for Grant Funding of the Senior Nutrition Program between the City of San Bruno and the County of San Mateo for an Amount not to Exceed $164,137 for Fiscal Year 2024-25; and Authorizing the City Manager to Sign Future Fiscal Year Contracts Under the Current OAA Grant Term Through FY 2025-2026; and Determining the Project is Exempt under the California Environmental Quality Act
BACKGROUND:

The City of San Bruno’s ongoing partnership with the County of San Mateo for congregate nutrition and transportation services under the Older Americans Act (OAA) is structured in a four-year grant term. This contract supports the essential congregate nutrition and transportation programs for seniors.

Historically, the full grant application for the OAA contract is submitted every four years and, upon approval, includes a yearly “not to exceed” funding amount, ensuring consistent financial support for services. Each year, the City must execute a new fiscal year contract adjusting the “not to exceed” amount based on funding allocations and potential additional opportunities from the County.

Current City staff have worked to streamline the contracting process, ensuring compliance with City Award of Contract Policy and the Purchasing Procedures Policy and timely execution. In keeping with this continuity and to meet the grant timeline, the City Manager has signed the FY 2024-2025 contract, and City Council ratification of this signature is requested.

DISCUSSION:

The current OAA grant term, spanning from July 1, 2022, to June 30, 2026, sets forth a yearly contract that must be signed at the beginning of each fiscal year. The contract terms specify annual “not to exceed” amounts based on approved units of service and potential county funding adjustments. For FY 2022-2023, the funding cap was $125,121, which increased to $137,776 in FY 2023-2024 and is currently set at $164,137 for FY 2024-2025.

To improve administrative efficiency and maintain service continuity, authorization is sought for the City Manager and Community Services Director to sign future OAA contracts (within this four-year grant term) without requiring annual Council ratification, given that each fiscal year 33 of 172
Item 6g.

Honorable Mayor and Members of the City Council
November 12, 2024

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contract typically exceeds standard signing authority.

FISCAL IMPACT:

This item is currently budgeted within fiscal year Fiscal Year 2024-25. The OAA contract for FY 2024-2025 allocates up to $164,137 in reimbursable expenses for congregate nutrition and transportation program services benefiting the senior community with any adjustments subject to availability of County or State funds. The contract does not impose additional financial commitments beyond allocated funds and is aligned with the City's fiscal planning for senior services.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt a Resolution Ratifying the City Manager’s Execution of an Agreement for Grant Funding of the Senior Nutrition Program between the City of San Bruno and the County of San Mateo for an Amount not to Exceed $164,137 for Fiscal Year 2024-25; and Authorizing the City Manager to Sign Future Fiscal Year Contracts Under the Current OAA Grant Term Through FY 2025- 2026; and Determining the Project is Exempt under the California Environmental Quality Act.

ALTERNATIVES:

None
ATTACHMENTS:

1. Resolution

2. Executed Contract with the County of San Mateo

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2 7
9 5
RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SN BRUNO RATIFYING THE CITY MANAGER’S EXECUTION OF AN AGREEMENT FOR GRANT FUNDING

OF THE SENIOR NUTRITION PROGRAM BETWEEN THE CITY OF SAN BRUNO AND THE COUNTY OF SAN MATEO FOR AN AMOUNT NOT TO EXCEED $164,137 FOR FISCAL YEAR 2024-25; AND AUTHORIZING THE CITY MANAGER TO SIGN FUTURE

FISCAL YEAR CONTRACTS UNDER THE CURRENT OAA GRANT TERM THROUGH FY 2025-2026; AND DETERMINING THE PROJECT IS EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Bruno was awarded a four (4) year grant from the County of San Mateo in 2022 for congregate nutrition and transportation services under the Older American’s Act (OAA);
WHEREAS, the Community Services Department manages the program and is responsible for the grant; and
WHEREAS, the Community Services staff are working to ensure compliance with grant acceptance and City purchasing policy; and
NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby:

1. Ratifies the City Manager’s execution of an agreement for grant funding of the Senior Nutrition Program between the City of San Bruno and the County of San Mateo for an amount not to exceed $164,137 for Fiscal Year 2024-25;

2. Authorizes the City Manager to sign future fiscal year contracts under the current OAA grant term through FY 2025-2026; and

3. Determining the project is exempt under the California Environmental Quality Act. ---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a regular meeting on November 12, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers
__________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
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Agreement No. 57000-FY25-R080316H

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SAN BRUNO This Agreement is entered into this _____ day of _______________ , 20_____, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and City of San Bruno, hereinafter called “Contractor.”
** *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of providing Congregate Nutrition and Transportation program services.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Attachment 1-Older American’s Act and California Department Of Aging Exhibit A—Services
Exhibit B—Payments and Rates
Attachment F- CRS Specification
$WWDFKPHQW * )RFDO 3RLQW &RQWDFW /LVW
Attachment H—HIPAA Business Associate Requirements
Attachment I—§ 504 Compliance

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed One Hundred Sixty Four Thousand One Hundred and Thirty Seven Dollars ($164,137). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

4. Term


 
 










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Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2024, through June 30, 2025.

5. Termination
This Agreement may be terminated by Contractor or by the Director of Aging and Adult Services or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.

County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.

County may terminate this Agreement for cause. In order to terminate for cause, County must first give Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach.

If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement without further action. The option available in this paragraph is separate from the ability to terminate without cause with appropriate notice described above. In the event that County provides notice of an alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend performance of services and payment under this Agreement pending the resolution of the process described in this paragraph. County has sole discretion to determine what constitutes an extreme circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that determination.

6. Contract Materials
At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as “contract materials”) prepared by Contractor under this Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.

7. Relationship of Parties
Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

8. Hold Harmless
a. General Hold Harmless
Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:


 
 










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(A) injuries to or death of any person, including Contractor or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

9. Assignability and Subcontracting
Contractor shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice.

10. Insurance
a. General Requirements
Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by County’s Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. Contractor shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy. b. Workers’ Compensation and Employer’s Liability Insurance Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.


 
 










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c. Liability Insurance
Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.

Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below:
(a) Comprehensive General Liability… $1,000,000
(b) Motor Vehicle Liability Insurance… $1,000,000
County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.

11. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, regulations, and executive orders, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance, as well as any required economic or other sanctions imposed by the United States government or under state law in effect during the term of the Agreement. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law, regulation, or executive order, the 

 
 










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requirements of the applicable law, regulation, or executive order will take precedence over the requirements set forth in this Agreement.

Further, Contractor certifies that it and all of its subcontractors will adhere to all applicable provisions of Chapter 4.107 of the San Mateo County Ordinance Code, which regulates the use of disposable food service ware. Accordingly, Contractor shall not use any non-recyclable plastic disposable food service ware when providing prepared food on property owned or leased by the County and instead shall use biodegradable, compostable, reusable, or recyclable plastic food service ware on property owned or leased by the County.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

12. Non-Discrimination and Other Requirements
a. General Non-discrimination
No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
b. Equal Employment Opportunity
Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County upon request.
c. Section 504 of the Rehabilitation Act of 1973
Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual with a disability shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of any services this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
d. Compliance with County’s Equal Benefits Ordinance
Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee is of the same or opposite sex as the employee.
e. Discrimination Against Individuals with Disabilities The nondiscrimination requirements of 41 C.F.R. 60-741.5(a) are incorporated into this Agreement as if fully set forth here, and Contractor and any subcontractor shall abide by the requirements of 41 C.F.R. 60–741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability 

 
 










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and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
f. History of Discrimination
Contractor certifies that no finding of discrimination has been issued in the past 365 days against Contractor by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other investigative entity. If any finding(s) of discrimination have been issued against Contractor within the past 365 days by the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or other investigative entity, Contractor shall provide County with a written explanation of the outcome(s) or remedy for the discrimination prior to execution of this Agreement. Failure to comply with this Section shall constitute a material breach of this Agreement and subjects the Agreement to immediate termination at the sole option of the County. g. Reporting; Violation of Non-discrimination Provisions Contractor shall also report to the County the filing by any person in any court any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission, or any other entity charged with the investigation of allegations of discrimination within seventy-five (75) days of such filing, provided that within such seventy-five (75) days such entity has not notified contractor that such charges are dismissed or otherwise unfounded. Such notification to County shall include a general description of the allegations and the nature of specific claims being asserted. Contractor shall provide County with a statement regarding how it responded to the allegations within sixty (60) days of its response and shall update County regarding the nature of the final resolution of such allegations.

Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Executive Officer, including but not limited to the following:
i. termination of this Agreement;
ii. disqualification of the Contractor from being considered for or being awarded a County contract for a period of up to 3 years;
iii. liquidated damages of $2,500 per violation; and/or iv. imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Executive Officer.

To effectuate the provisions of this Section, the County Executive shall have the authority to offset all or any portion of the amount described in this Section against amounts due to Contractor under this Agreement or any other agreement between Contractor and County. h. Compliance with Living Wage Ordinance
As required by Chapter 2.88 of the San Mateo County Ordinance Code, Contractor certifies all contractor(s) and subcontractor(s) obligated under this contract shall fully comply with the provisions of the County of San Mateo Living Wage Ordinance, including, but not limited to, paying all Covered Employees the current Living Wage and providing notice to all Covered Employees and Subcontractors as required under the Ordinance.

13. Compliance with County Employee Jury Service Ordinance 

 
 










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Contractor shall comply with Chapter 2.85 of the County’s Ordinance Code, which states that Contractor shall have and adhere to a written policy providing that its employees, to the extent they are full-time employees and live in San Mateo County, shall receive from the Contractor, on an annual basis, no fewer than five days of regular pay for jury service in San Mateo County, with jury pay being provided only for each day of actual jury service. The policy may provide that such employees deposit any fees received for such jury service with Contractor or that the Contractor may deduct from an employee’s regular pay the fees received for jury service in San Mateo County. By signing this Agreement, Contractor certifies that it has and adheres to a policy consistent with Chapter 2.85. For purposes of this Section, if Contractor has no employees in San Mateo County, it is sufficient for Contractor to provide the following written statement to County: “For purposes of San Mateo County’s jury service ordinance, Contractor certifies that it has no full-time employees who live in San Mateo County. To the extent that it hires any such employees during the term of its Agreement with San Mateo County, Contractor shall adopt a policy that complies with Chapter 2.85 of the County’s Ordinance Code.” The requirements of Chapter 2.85 do not apply unless this Agreement’s total value listed in the Section titled “Payments”, exceeds two-hundred thousand dollars ($200,000); Contractor acknowledges that Chapter 2.85’s requirements will apply if this Agreement is amended such that its total value exceeds that threshold amount.

14. Retention of Records; Right to Monitor and Audit
(a) Contractor shall maintain all required records relating to services provided under this Agreement for three (3) years after County makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit by County, a Federal grantor agency, and the State of California.
(b) Contractor shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by County. (c) Contractor agrees upon reasonable notice to provide to County, to any Federal or State department having monitoring or review authority, to County’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.

15. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

16. Controlling Law; Venue


 
 










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The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

17. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of County, to:

Name/Title: Moony Tong
Address: PO BOX 5892,San Mateo, CA 94402
Telephone: 650-670-5371
Facsimile: N/A
Email: [email protected]
In the case of Contractor, to:

Name/Title: Damian Sandholm, Community Services Deputy Director Address: 1555 Crystal Springs Road, San Bruno CA 94066
Telephone: (650) 616-7185
Facsimile: (650) 589-8219
Email: [email protected]

18. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.

19. Payment of Permits/Licenses
Contractor bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Contractor’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

20. Disaster and Emergency Response Plans


 
 










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CONTRACTOR will develop and maintain a Disaster and Emergency Response Plan (“Emergency Plan”) that includes all of the elements set forth in this Section, as well as any additional elements reasonably requested by the County. The Emergency Plan will also include site-Specific emergency response plan(s) for each of the sites at which CONTRACTOR provides services pursuant to this Agreement (“Site Plans”). The Emergency Plan and associated Site Plans will address CONTRACTOR preparations to effectively respond in the immediate aftermath of a national, state or local disaster or emergency (“Emergency Response”) and plans for the ongoing continuation of Services under the Agreement during and after a disaster or emergency (“Continuity of Operations”).

CONTRACTOR shall submit the Emergency Plan to the County within thirty (30) days after the beginning of the Term of the Agreement and the Emergency Plan will be subject to the reasonable approval of the County. CONTRACTOR shall respond reasonably promptly to any comments or requests for revisions that the County provides to CONTRACTOR regarding the Emergency Plan. CONTRACTOR will update the Emergency Plan and associated Site Plans as circumstances warrant and shall provide County with copies of such updated plans. CONTRACTOR shall train employees on the Emergency Plan and the Emergency Plan will include a description of how employees will be trained.

The Emergency Plan will indicate, in as much detail as reasonably possible, the categories of additional staff, supplies, and services that CONTRACTOR projects would be necessary for effective Emergency Response and Continuity of Operations and the costs that the CONTRACTOR projects it would incur for such additional staff, supplies and services. CONTRACTOR shall recognize and adhere to the disaster medical health emergency operations structure, including cooperating with, and following direction provided by, the County’s Medical Health Operational Area Coordinator (MHOAC). In the event that the CONTRACTOR is required to implement the Emergency Plan during the term of the Agreement, the parties will confer in good faith regarding the additional staff, supplies and services needed to ensure Emergency Response and/or Continuity of Operations owing to the particular nature of the emergency, as well as whether the circumstances warrant additional compensation by the County for additional staff, supplies and services needed for such Emergency Response and/or Continuity of Operations.

CONTRACTOR shall reasonably cooperate with the County in complying with processes and requirements that may be imposed by State and Federal agencies (including, but not limited to the California Governor’s Office of Emergency Services and the Federal Emergency Management Agency) in connection with reimbursement for emergency/disaster related expenditures.

In a declared national, state or local disaster or emergency, CONTRACTOR and its employees will be expected to perform services as set forth in the Agreement, including in the area of Emergency Response and Continuity of Operations, as set forth in the Emergency Plan and each Site Plan. CONTRACTOR shall ensure that all of its employees are notified, in writing, that they will be expected to perform services consistent with the Emergency Plan and each Site Plan.
***


 
 










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THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL COMMENCE

UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY PURCHASING AGENT OR AUTHORIZED DESIGNEE.

For Contractor:
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:
______________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
______________
Date
_____________________________
Purchasing Agent Name (please print)
(Department Head or Authorized Designee)
County of San Mateo
_____________________________
Purchasing Agent or Authorized Designee
Job Title (please print)
County of San Mateo


 
 











(  "&)$



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Attachment 1 – Older American’s Actand California Department on Aging following terms and conditions are hereby incorporated in and made part of agreement:

A. Provision of services, program and services , monitoring/evaluation, commencement of work, access, voluntary contribution, standards of work, cost sharing program and program changes
Provision of Services:
a. Contractor shall take reasonable steps to ensure that “alternative communication services” are available to non-English speaking or Limited English Proficiency (LEP) beneficiaries of services under this Agreement at key point of contact. Key points of contact include, but are not limited to, telephone contacts, office visits, and in-home visits. [2 CCR 11162].
b. “Alternative communication services” include, but are not limited to, the provision of services and programs by means of the following:
i. Interpreters or bilingual providers and provider staff; ii. Contracts with interpreter services;
iii. Use of telephone interpreter lines;
iv. Sharing of language assistance materials and services with other providers; v. Translated written information materials, including but not limited to, enrollment information and descriptions of available services and programs; and vi. Referral to culturally and linguistically appropriate community services programs. c. Contractor shall self-certify to complianc e with the requirement of this section and shall maintain the self-certification record on file at the Contractor’s office at all times during the term of this Agreement. [22 CCR 98310]
d. Contractor shall notify its employees of c lients’ rights regarding language access and Contractor’s obligation to ensure access to alternative communication services where determined appropriate based upon the needs assessment conducted by Contractor. [22 CCR Section 98324]
e. Noncompliance with this section may result in suspension or termination of funds and/or termination of this Agreement. [22 CCR 98370]
f. Notice to Eligible Beneficiaries of Contracted Services The Contractor shall:
i. Designate an employee to whom initial complaints or inquiries regarding national origin can be directed; [22 CCR98325]
ii. Make available to ultimate beneficiaries of contracted services and programs information regarding the County’s procedure for filing a complaint and other 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging information regarding the provisions of Ca. Gov. Code § 11135 et seq.; [22 CCR 98326] and
iii. Notify C ounty immediately of a complaint alleging discrimination based upon a violation of State or Federal law. [2 CCR 11162, 98310,98340] Program and Services
x Services are provided only to the defined Eligible ServicePopulation x Any Title III and Title VII service shall not implement a Cost Sharing program unless approved by County
x The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.

Monitoring and Evaluation
a. Authorized State and County representatives shall have the right to monitor and evaluate the Contractor’s administrative, fiscal and program performance pursuant to this Agreement. Said monitoring and evaluation may include, but is not limited to, administrative processes, fiscal, data and procurement components. This will include policies, procedures, procurement, audits, inspections of project premises, interviews of project staff and participants and, when applicable, inspection of food preparationsites. b. The Contractor shall cooperate with the State and County in the monitoring and evaluation processes, which include making any Administrative program and fiscal staff available during any scheduled process.
c. The Contractor shall monitor contracts and subcontracts to ensure compliance with laws, regulations and the provisions of the contracts that may have a direct and/or material effect on each of its CDA funded programs.
d. Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, or grant agreements, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the County. e. Review, approve, and monitor its subcontractor budgets and expenditures and any subsequent amendments and revisions to budgets. To the extent feasible, ensure that all budgeted funds are fully expended by the end of each fiscal year. (20 CFR 641.430(e)-(f) ( 2CFR 200.327) (2 CFR 200.328)
f. Onsite program monitoring will be conducted every two (2) years for all programs except Title IIIC-1 and Title IIIC-2, which must be monitored every year. Onsite fiscal monitoring must be conducted every two (2) years for all programs including Title IIIC-1 and Title IIIC-2.
g. Program and fiscal monitoring may occur more frequently if determined by AAS as beneficial to the integrity of program requirement compliance. Contractor agrees to provide requested documentation and the availability of key staff as part of the contract monitoringprocess.

Commencement of Work
Should the Contractor begin work in advance of receiving notice that this Agreement is approved, that work may be considered as having been performed at risk or as a mere volunteer and may not be reimbursed or compensated. The County has no legal obligation unless and until the 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging contract is approved.

Access
The Contractor shall provide access to the federal, State or County contracting agency, the California State Auditor, the Comptroller, Attorney General of the United States, or any of their duly authorized federal or State representatives to any books, documents, papers, and records of the Contractor or subcontractor which are directly pertinent to this specific Agreement for the purpose of making an audit, examination, excerpts, and transcriptions. The contractor shall include this requirement in its subcontracts.

Voluntary Contributions
The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirements OAA § 315(b)].

A. The Contractor or any subcontractor for any Title III or Title VII-A services shall not use means tests.

B. Any Title III or Title VII-A client that does not contribute toward the cost ofthe services received shall not be denied services.

C. Methods used to solicit voluntary contributions for Title III and Title VII services shall be non-coercive.

Each service provider will:
a. Establish appropriate procedures to safeguard and account for all contributions; b. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Act; c. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
d. Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary;
e. Protect the privacy and confidentiality of each recipient with respect to t he recipient’s contribution or lack of contribution.

Standards of Work
The Contractor agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards.

Cost Sharing Program
Any Title III and Title VII services shall not implement a Cost Sharing Program unless approved by County.

Program Changes
Contractor agrees to inform the County of any alteration in program or service delivery at least thirty (30) days prior to the implementation of the change, or as soon as reasonably feasible.

Notification includes, but is not limited to, service closures due to special events, holidays, cleaning, construction, staff changes.


 
 










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Attachment 1 – Older American’s Actand California Department on Aging B. Termination policy, Transition plan, Dissolution and Debarment Termination:

This Agreement may be terminated for good cause by the Contractor, the Chief of the Health System, or designee at any time without the requirement of 30 days prior written Notice of Termination. Notwithstanding any other provision to the contrary in this Agreement, termination of this Agreement for good cause shall take effect immediately in the case of an emergency, such as threat to life, health, or safety of the public, and upon reasonable notice, as determined in the sole discretion of the County, for all other terminations for good cause. In terminations for good cause, a Termination for Cause Notice is required, and shall include the date of the notice, a description of the action being taken by the County, including the extent of services terminated, the reason for such action, and condition of the termination. Emergency Termination shall be provided to Contractor, which shall be effective immediately. The grounds for termination for good cause shall include, but are not limited to, the following:
i. Threat of life, health or safety of the public (see exemption from prior notice requirement, above);
ii. A violation of the law or failure to co mply with any condition of this Agreement; iii. Inadequate performan ce or failure to make progress so as to endanger performance of this Agreement;
iv. Failure to comply wi th reporting requirements;
v. Evidence that the Contractor is in an unsatisfactory financial condition determined by an audit of the County or evidence of a financial condition that endangers performance of this Agreement and/or the loss of other funding sources; vi. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business;
vii. Appointment of a trustee, receiver, or li quidator for all or substantial part of the Contractor’s property, or institution of bankruptcy reorganization or the arrangement of liquidation proceedings by or against the Contractor; viii. Service of any writ of attachment, levy or execution, or commencement of garnishment proceedings against the Contractor’s assets or income; The commission of an act of bankruptcy;
Finding of debarment or suspension; [Section 7. Debarment, Suspension, and Other Responsibility Matters]
The Contractor’s organizational structure has materially changed; and 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging ix. The County determines that a Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 and 45 CFR 75.205. If such a determination is made, the Contractor maybe subject to special conditions or restriction.

County may terminate the agreement without cause according to County guidelines.

Contractor’s Obligation After Notice of Termination
After receipt of a Notice of Termination and except as directed by the County in writing, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any funds due under this clause. The Contractor shall:
a. Stop work as specified in the Notice of Termination; b. Place no further subcontracts for materials, or services, except as necessary to complete any portion of the contract;
c. Terminate all subcontracts to the extent they relate to the work terminated; and d. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts (the approval or ratification of which will be final for purposes of this clause.

Termination of this Agreement shall take effect immediately in the case of an emergency such as threat to life, health, or safety of the public. The effective date for Termination with Cause or for funding reductions is thirty (30) days and TERMIANTION WITHOUT Cause is ninety (90) days subsequent to written notice to the Contractor. The notice shall describe the action being taken by County, the reason for such action and, any conditions of the termination, including the date of termination.

Dissolution of Entity
The Contractor shall notify the County immediately of any intention to discontinue existence of the entity or to bring an action of dissolution.

Debarment, Suspension, and Other Responsibility Matters a. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:
i. Are not presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from covered transactions by any federal department oragency;
ii. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making false statements, or receiving stolenproperty;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (a)(ii) of this section; iv. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default;
b. Contractor shall report immediately to AAS in writing any incidents of alleged fraud and/or abuse by either Contractor or Contractor’s subcontractor. Contractor shall 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging maintain any records, documents or other evidence of fraud and abuse until otherwise notified by AAS;
c. Contractor shall maintain any records, documents, or other evidence of fraud and abuse until otherwise notified by the County.
d. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to their subcontractors’ debarment/suspension status.

Transition Plan
a. The Contractor shall submit a transition plan to AAS within 10 days of delivery of a written Notice of Termination of a program funded either by Title III or Title VII. Transition plan for the Ombudsman program is included in Ombudsman Exhibit A. The transition plan must be approved by the County and State and shall at a minimum include the following:
i. Description of how clients will be notified about the change in their service provider;
ii. A plan to communicate with other organizations that can assist in locating alternativeservices;
iii. A plan to inform community referral sources of the pending termination of the service and what alternatives, if any, exist for future referrals; iv. A plan to evaluate clients in order to assure appropriate placement; v. A plan to transfer any confidential medical and client records to a new contractor;
vi. A plan to dispose of confidential records in accordance with applicable laws and regulations;
vii. A plan for adequate staff to provide continued care through the term of the contract; [22 CCR7203(e)(4)]
viii. A full inventory and plan to dispose of, transfer or return to the State all equipment purchased during the entire operation of the contract; and ix. Additional information as necessary to affect a safe transition of clients to other community service providers.
b. Contractor shall implement the transition pl an as approved by AAS. AAS will monitor the Contractor’s progress in carrying out all elements of the transition plan. c. If the Contractor fails to provide a transition plan, the Contractor will implement a transition plan submitted by the County to the Contractor following the Notice of Termination.

C. Health Insurance Portability and Accountability Act (HIPPA) and Additional Insurance Requirements
HIPPA
The Contractor agrees to comply with the privacy and security requirements of HIPAA and ensure that Subcontractors/Vendors comply with the privacy and security requirements of HIPAA.

Additional insurance requirements
The entity providing Ombudsman services must be insured or self-insured for professional liability covering all Ombudsman activities including, but not limited to, investigation of patient complaints.

If applicable, or unless otherwise amended by future regulation, the Contractor and subcontractors shall comply with the Public Utilities Commission General Order No. 115-F which requires higher levels of insurance for charter-party carriers of passengers and is based on 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging seating capacity as follows:
a. $750,000 if seating capacity is under 8
b. $1,500,000 if seating capacity is 8-15
c. $5,000,000 if seating capacity is over 15
Contractor shall maintain adequate insurance coverage for general liability, worker’s compensation liabilities, and if appropriate, auto liability including non-owned auto and professional liability, and further, all contractors shall hold County harmless. Contractor’s Certificate of Insurance for general and auto liability shall also name County, not the State, as the certificate holder and additional insured.

Non-Discrimination and Other Requirements
The Contractor shall comply with all federal statutes relating to nondiscrimination. These include those statutes and laws contained in the Contractor Certification Clauses (CCC 307) which is hereby incorporated by reference. In addition, the Contractor shall comply with the following:
a. Equal Access to Federally Funded Benefits, Programs and Activities The Contractor shall ensure compliance with Title VI of the Civil Rights Acts of 1964 [42 U.S.C. 2000d; 45 CFR Part 80], which prohibits recipients of federal financial assistance from discrimination against persons based on race, color, religion, or national origin. b. Equal Access to State-Funded Benefits, Programs and Activities The Contractor shall, unless exempted, ensure compliance with the requirement of Cal.

Gov. Code § 11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of state financial assistance from discrimination against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. [22 CCR § 98323].
c. California Civil Rights Laws
The Contractor shall, ensure compliance with the requirements of California Public Contract Code § 2010 by submitting a completed California Civil Rights Laws Certification, prior to execution of this Agreement. The certificate is available at: http://www.dgs.ca.gov/ols/Forms.aspx
The California Civil Rights Laws Certification ensures Contractor compliance with the Unruh Civil Rights Act ( Cal. Civ. Code 51) and the Fair Employment and Housing Act ( Cal. Gov. Code 1960), and ensures that Contractor internal policies are not used in violation of California Civil Rights Laws.
d. The Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC 12101 et seq.]
e. The Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.

D. Contracts in excess of $100,000, use of contract funds, contract length, Modification or Revisions, Amendments and Subcontracts
Contracts in excess of $100,000
If all funding provided herein exceeds $100,000, the Contractor shall comply with all applicable orders or requirements issued under the following laws:
x Clean Air Act, as amended. [42 USC 7401]
x Federal Water Pollution Control Act, as amended. [33 USC 1251 et seq.] x Environmental Protection Agency Regulations. [40 CFR 29] [Executive Order 11738]
x State Contract Act [Cal. Pub. Con. Code §10295 etseq.] x Unruh Civil Rights Act [Cal. Pub. Con. Code §2010]


 
 










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Attachment 1 – Older American’s Actand California Department on Aging Use of contract funds
Contractor agrees not to use contract funds to pay the salary or expenses of any individual who is engaging in activities designed to influence legislation or appropriations pending before the congress.

Contract length
Contract awards shall be limited to a one-year period. However, at the discretion of the County, contracts may be renegotiated up to a maximum of three additional one-year periods providing such incremental periods were specified in the IFB/RFP. During renegotiations, County shall consider actual expenditures and units of service, as well as current cost policy standards and changes in program requirements. County shall assure that all cost increases are reasonable and necessary and are not the result of underbidding in the original proposal.(c) Both ongoing and new contract awards shall be in full contract compliance within 120 days of the beginning date of the contract. County shall evaluate the contractor's capacity to fulfill contract goals if full compliance by this time period has not occurred.

Cal. Code Regs. Tit. 22, § 7364
Modification or Revisions
County may negotiate modifications or revisions to assure that all necessary service/program requirements are covered. Budget reduction may occur in the event the service levels specified in the bid/proposal/approved budget are not attained.

Amendments
a. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed and approved through the County amendment process. No oral understanding or agreement not incorporated in this Agreement is binding on any of theparties. b. County reserves the right to revise, waive, or modify the Agreement to reflect any restrictions, limitations, or conditions enacted by Congress or the Legislature or as directed by the Executive Branch of State government.
c. Any notice to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, overnight mail, postage prepaid, return receipt requested, provided the Contractor retains receipt, and shall be communicated as of actual receipt Subcontracts
The Contractor shall require language in all subcontracts to require all subcontractors to comply with all applicable State and federal laws.

A. The Contractor is responsible for carrying out the terms of this Agreement, including the satisfaction, settlement, and resolution of all administrative, programmatic, and fiscal aspects of the program(s), including issues that arise out of any subcontracts, and shall not delegate or contract these responsibilities to any other entity. This includes, but is not limited to, disputes, claims, protests of award, or other matters of a contractual nature. The Contractor’s decision is final and the Subcontractor has no right of appeal toCounty.

B. The Contractor shall, in the event any subcontractor is utilized by the Contractor for any portion of this Agreement, retain the prime responsibility for all the terms and conditions set forth, including but not limited to, the responsibility for preserving the State’s copyrights and rights in data, for handling property, and ensuring the keeping of, access to, availability of, and retention of records of subcontractors.

C. The Contractor shall not obligate funds for this Agreement in any subcontracts for services beyond the ending date of this Agreement.

D. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on
behalf of the State or County .

E. The Contractor shall maintain on file copies of subcontracts, memorandums and/or Letters 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging of
Understanding which shall be made available for review at the request of CDA or County.

F. The Contractor shall monitor the insurance requirements of itssubcontractors.

G. The Contractor shall require language in all subcontracts to require all subcontractors to indemnify, defend, and save harmless the County and Contractor, its officers, agents, and employees
from any and all claims and losses accruing to or resulting from any subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Subcontractor(s) in the performance of this Agreement.

H. The Contractor shall ensure that the Subcontractor will complete all reporting and expenditure documents requested by County. These reporting and expenditure documents shall be sent to the Contractor in a timely manner and at intervals as determined byCounty.

I. The Contractor shall require all subcontractors to maintain adequate staff to meet the Subcontractor’s Agreement with the Contractor. This staff shall be available to the State for training and meetings which the County may find necessary from time to time.

J. If a private nonprofit corporation, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of the Agreement.

E. UEI Number and Related Information, Conflict of Interest, Contractor’s staff, Corporate status, Lobbying certification and Law, compliance and funding availability, UEI Number and Related Information
x The Unique Entity Identifier changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov) on April 4, 2022. The UEI number must be provided to County prior to the execution of this Agreement. Business entities may register for a UEI number at https://sam.gov/content/duns-uei.
x The Contractor must register the UEI numbe r and maintain an “Active” status within the federal System for Award Ma nagement available online at https://www.sam.gov/portal/SAM/#1.
x If County cannot access or verify “Active” status the Contractor’s UEI information, which is related to this federal subaward on the Federal Funding Accountability and Transparency Act Subaward Reporting System (SAM.gov) due to errors in the Contractor’s data entry for its UEI number , the Contractor must immediately update the information as required.

Conflict of interest
The Contractor shall prevent employees, consultants, or members of governing bodies from using their positions for purposes including, but not limited to, the selection of subcontractors, that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as family, business, or other ties. In the event that the County determines that a conflict of interest exists, funds may be disallowed by the County and such conflict may constitute grounds for termination of the Agreement.

This provision shall not be construed to prohibit employment of persons with whom the Contractor’s officers, agents, or employees have family, business, or other ties, so long as the employment of such persons does not result in a conflict of interest (real or apparent) or increased costs over those associated with the employment of any other equally qualified applicant, and such persons have successfully competed for employment with the other applicants on a merit basis.


 
 










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Attachment 1 – Older American’s Actand California Department on Aging Contractor’s Staff
a. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.
b. This staff shall be available to the State and County for training and meetings, including Provider Network Meeting, Nutrition Site Manager’s/HDM Coalition Meeting, Family Caregiver Collaborative Meeting as necessary. Contractors shall make every effort to have a representative in attendance of scheduled meetings.

Corporate Status
a. The Contractor shall be a public entity, private nonprofit entity, or Joint Powers Agreement (JPA). If a private nonprofit corporation or JPA, the Contractor shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of this Agreement.
b. The Contractor shall ensure that any subcontractors providing services under this Agreement shall be of sound financial status. Any subcontracting private entity or JPA shall be in good standing with the Secretary of State of California and shall maintain that status throughout the term of theAgreement.
c. Any subcontracting private ent ity or JPA shall be in good standing with the Secretary of
State of California and shall maintain that status throughout the term of the Agreement. d. Failure to maintain good st anding by the contracting entity shall result in suspension or termination of this Agreement with Countyuntil satisfactory status is restored.

Lobbying Certification
The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, themaking of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. c. The Contractor shall require that the langua ge of this certification be included in the award documents for all subcontracts at all tiers (including subgrants, and contracts under grants, loans, and cooperative agreements which exceed $100,000) and that all subrecipients shall certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.


 
 










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Attachment 1 – Older American’s Actand California Department on Aging e. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. f. Any person who fails to file the required ce rtification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure Law, Policy and Procedure, Licenses, and Certificates
The Contractor agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws and regulations including, but not limited to, discrimination, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. The Contractor and its subcontractors shall keep in effect all licenses, permits, notices, and certificates that are required by law.

Covenant Against Contingent Fees
a. The Contractor warrants that no person or selling agency has been employed or retained to solicit this Agreement. There has been no agreement to make commission payments in order to obtain this Agreement.
b. For breach or violation of this warranty, County shall have the right to terminate this Agreement without liability or at its discretion t deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingency fee.

Compliance and funding availability
Compliance: Providers shall comply with applicable State and Federal Laws.

Funding availability: Funding is contingent on funding by the State/Federal Government.

F. Property and Records for CDA funded programs:

Property
a. Unless otherwise provided for in this Section, property refers to all assets, used in operation of this Agreement.
i. Property includes land, building, improvements, machinery, vehicles, furniture, tools, intangibles, etc.
ii. Property does not include consumable office supplies such as paper, pencils, toner, cartridges, file folders, etc.
b. Property acquired under this agreement, which meets any following criteria is subject to reporting requirements.
i. Has a normal useful life of at least one (1) year and has a unit acquisition cost of at least $5,000 (a desktop or laptop setup, is considered a unit, if purchased as a unit);
ii. All computing devices, regardless of cost (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones and cellphones);
iii. All portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives). 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging c. Additions, improvements, and betterments to assets meeting all of the conditions in Section b above must be reported. Additions typically involve physical extensions of existing units. Improvements and betterments typically do not increase the physical size of the asset. Instead, improvements and betterments enhance the condition of an asset (e.g., extend life, increase service capacity, and lower operating costs). Examples of assets that might be improved and bettered include roads, bridges, curbs, gutters, tunnels, parking lots, streets, sidewalks, drainage, and lightingsystems. d. Intangibles are property that lack physical substance but give valuable rights to the owner. Examples of intangible property include patents, copyrights, leases, and computer software. By contrast, hardware consists of tangible equipment (e.g., computer printer, terminal, etc.).

Costs include all amounts incurred to acquire and to ready the intangible assets for its intended use. Typical intangible property costs include the purchase price, legal fees, and other costs incurred to obtain title to the asset.
e. The Contractor will demonstrate efforts to purchase equipment and resources in a cost- effective manner by showing documentation of their efforts. f. The Contractor shall keep track of property purchased with CDA funds, and submit to County a Property Acquisition Form (CDA 9023) for all property furnished or purchased by the Contractor with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose, as instructed by County. The Contractor shall certify their reported property inventory annually with the Closeout by completing the Program Property Inventory Certification (CDA 9024).

The Contractor shall record, at minimum, the following information when property is acquired:
i. Date acquired;
ii. Item description (include model number);
iii. County/CDA tag number;
iv. Serial Number (if applicable)
v. Purchase cost or other basis of valuation;and
vi. Fund source.
g. Disposal ofProperty
i. Prior to disposal of any property purchased by the Contractor with funds from this Agreement or any predecessor Agreement, the Contractor must obtain approval from the County for all reportable property. Disposition, which includes sale, trade-in, discarding or transfer to another agency may not occur until approval is received from the County. The Contractor shall email the County requesting disposition of property. The County will then instruct the Contractor on disposition of the property. Once approval for disposal has been received from the County, the item(s) shall be removed from the Contractor’s inventory report.
ii. All confidential, sensitive, or pers onal information must be eliminated from CDA property prior to disposal, including removal or destruction of data on computing devices with digital memory and storage capacity. This includes, but is not limited to magnetic tapes, flash drives, personal computers, personal digital assistants (PDAs), or cell or smart phones, multi-function printers, and laptops. Contractor is responsible forremoval 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging or destruction of data contained on the hard drive as directed by County before recycling of equipment may occur.
h. Any loss, damage, or theft of equipment shall be investigated, fully documented and the Contractor shall promptly notify the County.
i. The State reserves title to all State-purchased or financed property not fully consumed in the performance of this Agreement, unless otherwise required by federal law or regulations or as otherwise agreed by the parties.
j. Contractor shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such property during the period of the project until the Contractor has complied with all written instructions from the County regarding the final disposition of the property.
k. In the event of the Contractor’s dissolution or upon termination of this Agreement, the Contractor shall provide a final property inventory to the County. The County reserves the right to require the Contractor to transfer such property to another entity or to the County.
l. To exercise the above right, no later than 120 days after termination of the Agreement or notification of the Contractor’s dissolution, the County will issue specific written disposition instructions to the Contractor.
m. The Contractor shall use the property for the purpose for which it was intended under the Agreement. When no longer needed for that use, the Contractor shall use it, if needed, and with written approval of the County for other purposes in this order:
i. Another OAA funded program providing the same or similar service; or ii. Another OAA funded program.
n. The Contractor may share use of the property and equipment or allow use by other programs upon written approval of the County. As a condition of the approval, the County may require reimbursement under this Agreement for its use. o. The Contractor shall not use equipment or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-ownedbusinessentity.
p. If purchase of equipment is a reimbursement item, the equipment to be purchased will be specified in the budgetsummary.

Records for California Department of Aging (CDA) Funded Programs a. Contractor shall maintain co mplete records which shall include, but not be limited to, accounting records, contracts, agreements, reconciliation of the “Financial Closeout Report” (OAA Closeout) to the audited financial statements, single audit report, and general ledgers, and a summary worksheet identifying the results of performing audit 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging resolution in accordance with Section 28 of this document. This includes the following:
letters of agreement, insurance documentation, Memorandums and/or Letters of Understanding, patient or client records, and electronic files of its activities and expenditures hereunder in a form satisfactory to the County. All records pertaining to this agreement must be made available for inspection and audit by the County and State or it’s duly authorized agents, at any time during normal business hours.

All such records must be maintained and made available by the Contractor:
(i) until an audit has occurred and an audit resolution has been issued by the State or unless otherwise authorized in writing by the County; (ii) for a longer period, if any, as is required by the applicable statute, by any other clause of this Agreement or by a. and b. below or (iii) for a longer period as the County deems necessary. b. If this Agreement is completely or partiall y terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in a. above. The Contractor shall ensure that any resource directories and all client records remain the property of the County upon termination of this Agreement, and are returned to the County or transferred toanother Contractor as instructed by the County. c. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and made available until every action has been cleared to the satisfaction of the County and so stated in writing to theContractor.
d. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the County under this Agreement. If the allowability of expenditures cannot be determined because records or documentation of the Contractor are nonexistent or inadequate according to guidelines set forth in 2 CFR 200.302 and 45 CFR 75.302, the expenditures will be questioned in the audit and may be disallowed by the County during the audit resolution process. e. All records containing confidential information shall be handled in a confidential manner in accordance with the requirements for information integrity and security, and in accordance with guidelines set forth in this section (24 Records for CDA). After the authorized period has expired, confidential records shall be shredded and disposed of in a manner that will maintain confidentiality.


 
 










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Attachment 1 – Older American’s Actand California Department on Aging G. CDA Fiscal and Compliance Audits, Audit Requirements, Payment and Payroll taxes and deductions
CDA Fiscal and Compliance Audits
a. The CDA Audits and Risk Management Branch shall perform fiscal and compliance audits of Contractors in accordance with Generally Accepted Government Auditing Standards (GAGAS) to ensure compliance with applicable laws, regulations, grants, and contract requirements.
b. The CDA fiscal and compliance audits may include, but not be limited to, a reviewof:
xx Financial closeouts (2 CFR 200.1 and 45 CFR75.2)
x Internal controls (2 CFR 200.303 and 45 CFR75.303)
x Allocation of expenditures (2 CFR 200.1 and 45 CFR 75.2) x Allowability of expenditures (2 CFR 200.403 and 45 CFR75.403) Equipment expenditures and approvals, if required (2 CFR 200.439 and 45 CFR 75.439) Audit
a. Any duly authorized representative of the federal or State government, which includes but is not limited to the State Auditor, CDA Staff, and any entity selected by State to perform inspections and County, shall have the right to monitor and audit contractors providing services through on-site inspections, audits, and other applicable means the State and County determines necessary.
b. The Contractor shall make available all reasonable information necessary to substantiate that expenditures are allowable and allocable, including, but not limited to accounting records, vendor invoices, bank statements, cancelled checks, bank/credit card statements, contracts and agreements, employee time sheets, purchase orders, and indirect cost allocation plans. Contractor shall agree to make such information available to the federal government, the State, County or any of their duly authorized representatives, including representatives of the entity selected by State to perform inspections, for examination, copying, or mechanical reproduction, on or off the premises of the appropriate entity upon a reasonable request.
c. All agreements entered into by Contractor and subcontractors with audit firms for purposes of conducting independent audits under this Agreement shall contain a clause permitting any duly authorized representative of the federal, State and County government as access to the supporting documentation of said auditfirm(s). d. The Contractor shall cooperate with and pa rticipate in any further audits which may be required by the State and County, including CDA fiscal and compliance audits.

Contractor shall permit any duly authorized representative of the federal, State and County to access supporting documentation of associated auditfirms. e. Contractors that expend $750,000 or more in federal funds shall arrange for an audit to be performed as required by the Single Audit Act of 1984 (Public Law 98-502); the Single Audit Act Amendments of 1996 (Public Law 104-156); and 2 CFR 200.501 to 200.521 and 45 CFR 75.501 to 75.521
A copy shall be submitted to: [email protected]


 
 










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Attachment 1 – Older American’s Actand California Department on Aging f. The copy shall be submitted within the earlier of 30 days after receipt of the auditor’s report or nine months after the end of the audit period, whichever occurs first, or unless a longer period is agreed to in advance by the cognizant or oversightagency. g. The Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number referenced in Section b of this article.
h. For State contracts that do not have CFDA numbers, the Contractor shall ensure that the State-funded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number, and as passed through the County. 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging The following closely related programs identified by CFDA number are to be considered as an “Other Cluster” for purposes of determining major programs or whether a program specific audit may be elected. The Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit along with each of its subrecipients. The funding source (Federal Grantor) for the following programs is the U.S. Department of Health and Human Services, Administration for Community Living.

93.41 Special Programs for the Aging – Title VII-A, Chapter 3 – Programs for Prevention of Elder Abuse, Neglect, and Exploitation (Title VII-A, Chapter3).

93.42 Special Programs for the Aging – Title III-B and Title VII-A, Chapter 2 – Long Term Care Ombudsman services for Older Individuals (Title III-B and Title VII-A, Chapter 2).

93.43 Special Programs for the Aging – Title III, Part D – Disease Prevention and Health Promotion Services (Title IIID)

93.44 Special Programs for the Aging – Title III, Part B – Grants for Supportive Services and Senior Centers (TitleIII-B)

93.45 Special Programs for the Aging -- Title III, Part C – Nutrition Services (Title III-C)

93.52 National Family Caregiver Support-Title III, Part E

93.53 Nutrition Services Incentive Program (NSIP)
“Cluster of programs” means a grouping of closely-related programs that share common compliance requirements. The types of clusters of programs are research and development, student financial aid, and other clusters. “Other clusters” are as defined by the consolidated CFR in the Compliance Supplement or as designated by a State for federal awards provided to its subcontractors that meet the definition of “cluster of programs.” When designating an “other cluster,” a State shall identify the federal awards included in the cluster and advise the subcontractors of compliance requirements applicable to the cluster. A “cluster of programs” shall be considered as one program for determining major programs, as described in 45 CFR 75.525(a), whether a program- specific audit may be elected. (Federal Office of Management and Budget, [45 CFR 75 Requirements], Audits of States, Local Governments 45 CFR 75 Appendix V to part 75 F.1., and Non Profit Organizations 45 CFR 75 Appendix IV to part 75 C. 2.a. i. The Contractor shall perform a reconciliation of the “Financial Closeout Report” to the audited financial statements, single audit, and general ledgers. The reconciliation shall be maintained and made available for County and State for review. The fiscal summary for this agreement is included in Exhibit B.
j. The Contractor shall have the responsibility for resolving its contracts with subcontractors to determine whether funds provided under this Agreement are expended in accordance with applicable laws, regulations, and provisions of contracts or agreements.

Contract resolution includes:
i. Ensuring that a Contractor expending $750,000 or more in federal awards during the Contractor’s fiscal year has met the audit requirements of 2 CFR Part 200.501 to 200.521 and [45 CFR 75.501 – 75.521 as summarized in Section d and e of this article].


 
 










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Attachment 1 – Older American’s Actand California Department on Aging 5 ii. Issuing a management decision on audit findings within six months after receipt of the Contractor’s single-audit report and/or other type of audit and ensuring that the contractor takes appropriate and timely corrective action; iii. Reconciling expenditures r eported to the County to the amounts identified in the single audit or other type of audit, if the Contractor was not subject to the single-audit requirements. For a Contractor who was not required to obtain a single audit and who did not obtain another type of audit, the reconciliation of expenditures reported to the County must be accomplished through the performing alternative procedures (e.g., risk assessments [2 CFR 200.331] [45 CFR 75.352]; documented review of financial statements; and documented expense verification, including match; etc.);
iv. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:
• Accurate, current, and complete disclosure of the financial results of each federal award orprogram;
• Records that identify adequately the source and application of funds for each federally funded activity;
• Effective control over, and accountability for, all funds, property, and other assets to ensure these items are used solely for authorized purposes;
• Comparison of expenditures with budget amounts for each federal award;
• Written procedures to implement the requirements of 2 CFR 200.305;
• Written procedures for determining the allowability of costs in accordance with 2 CFR Part 200, Subpart E - CostPrinciples [2 CFR 200.302]
v. The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents and;
vi. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s own records. k. The County shall ensure that Contractor single-audit reports meet 2 CFR Part 200- Subpart F-Audit Requirements
i. Performed timely - not less frequently than annually and a report submitted timely.

The audit is required to be submitted to the County within 30 days after Contractor’s receipt of the auditor’s report or nine months after the end of the audit period, whichever occurs first; [2 CFR 200.512]
ii. Property procured – use procurement standards for auditor selection; [2 CFR 200.509]
iii. P erformed in accordance with General Accepted Government Auditing Standards; [CFR 200.514]
iv. All inclusive – includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts; and the schedule of findings and questioned costs; [2 CFR 200.515] and performed in accordance with provisions applicable to this program as identified in 2 CFR Part 200, Subpart F- AuditRequirements. v. Performed in accordance with provisions appl icable to this program as identified in 2 CFR Part 200, and 45 CFR Part 75, Subpart F, Audit Requirements. l. The Contractor shall be required to include in its contract with the independentauditor 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging shall have access to all audit reports and supporting work papers, and the County has the option to perform additional work, as needed.
m. A reasonably proportionate share of the costs of audits required by, and performed in accordance with, the Single Audit Act Amendments of 1996, as implemented by requirements of this part, are allowable. However, the following audit costs are unallowable:
i. Any costs when audits required by the Single Audit Act, 2 CFR Part 200, Subpart F - Audit Requirements and 45 CFR 75, Subpart F – Audit Requirements have not been conducted or have been conducted but not in accordance therewith;and
ii. Any costs of auditing a non-federal entity that is exempted from having an audit conducted under the Single Audit Act, 2 CFR Part 200, Subpart F - Audit Requirements and 45 CFR 75 Subpart F – Audit Requirements because its expenditures under federal awards are less than $750,000 during the non-federal entity’s fiscal year.
• The costs of a financial statement audit of a non-federal entity that does not currently have a federal award may be included in the indirect cost pool for a cost allocation plan or indirect cost proposal.
• Pass-through entities may charge federal awards for the costs of agree-upon-procedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR Part 200, Subpart F - Audit Requirements. and 45 CFR 75, Subpart F – Audit Requirements. This cost is allowable only if the agreed-upon-procedures engagements are conducted in accordance with Generally Accepted Government Auditing
Standards (GAGAS) attestation standards; paid for andarranged by the pass-through entity; and limited in scope to one or more of the following types of compliance requirements; activities allowed or unallowed; allowable costs/cost principles;
eligibility; and reporting. [2 CFR 200.425]
n. The Contractor shall cooperate with and participate in any further audits which may be required by theCounty.

Payments
The County reserves the right to refuse payment to the Contractor or disallow costs for any expenditure, as determined by the County to be: out of compliance with the Agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not presented or where prior approval was required but was either not requested or not granted.

The Contractor will submit invoices and monthly program reports to Aging and Adult Services (AAS) by the tenth (10th) of each month. Program performance data will be submitted in a timely, complete, accurate, and verifiable manner using the AAS approved reporting procedures and County provided documents. Invoices must reflect the provision of services and the usage of funds each month throughout the entire contract period. Refer to Exhibit B for specific fiscal requirements. Upon notification from AAS, the Contractor must correct inaccurate invoices and corresponding reports in order to receive reimbursement.

Corrections must be made within five
(5) working days. Invoices submitted more than two months past the month of service may not be reimbursed. Invoice(s) for June 202 will be due by July 5, 202to facilitate timely payment. 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging Payroll taxes and deductions
The Contractor shall promptly forward payroll taxes, insurances, and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and federal and State income taxes withheld, to designated government agencies as required by law.

H. Grievance Procedure, Appeal Process and Remedies
Grievance Procedure
Consumers of services funded through AAS shall have the opportunity to file a written complaint against an AAS-funded program or an employee or volunteer of that program. All service providers must have a written grievance/complaint process for reviewing and attempting to resolve consumer complaints. The policy shall indicate a timeframe within which a complaint will be acknowledged. The timeframe to resolve a complaint at the service provider level shall be no more than thirty (30) days from the date of receiving a complaint. The written acknowledgment letter will clearly state the grievance levels within the contracted agency. The grievance process shall include confidentiality provisions to protect the complainant’s right to privacy. Only information relevant to the complaint may be released to the responding party without the consent of the complainant. The complainant has a right to remain anonymous but will need to provide an address for written correspondenc e. An e-mail address is acceptable. The grievance and complaint process shall be posted in visible and accessible areas of each service program site.

Information about the grievance process shall be delivered in writing to homebound consumers upon intake. For areas in which a substantial number of older adults are non-English speaking, the notification shall also be posted in the primary language of the program participants.

Complaints may involve, but are not limited to:

Amount or duration of a service
Denial or discontinuance of a service
Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.

Failure of the service provider to comply with any of the requirements set forth in the Department's regulations or in the contract or subgrant agreement with County.

Should the complaint not result in resolution at the provider level, the consumer or his/her representative may bring the complaint to AAS. All notifications to the complainant shall include a statement that the complainant may appeal to AAS if dissatisfied with the result of the service provider’s review. The levels of resolution are as follows:

First Level: The service provider (AAS Contractor)
Second Level The Health Services Manager over the Commissions and Provider Services Unit
Third Level: The AASDirector
Fourth (Final) The Chief of the Health System orhis/her designee Level:

Appeal Process
a. The Contractor may appeal an adverse determi nation as defined in 22 CCR 7702 using the appeal process established by CDA in 22 CCR 7700 through7710.

Such appeal shall be filed within thirty (30) days of receipt of County’s notice of adverse determination.
b. Contractor may appeal the Contractor’s final adverse determination relating to Title III and Title VII programs using the appeal process established in 22 CCR 7700 to 7710. 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging c. Any dispute regarding an existing direct service contract or the procurement of the direct service contract shall be resolved locally, consistent with W&I § 9535(k), and as specified in the procurement documents and contracts of the Contractor. d. Appeal costs or costs associated with any court review are notreimbursable.

Remedies
The Contractor agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to CDA or County as a result of breach of this Agreement by the Contractor, whether such breach occurs before or after completion of the project.

I. Information Integrity and Security, security incident reporting, Software Maintenance, Electronic Backups and Copy Rights
a. InformationAssets
The Contractor, and its Subcontractors/Vendors, shall have in place operational policies, procedures, and practices to protect State information assets, including those assets used to store or access Personal Health Information (PHI), Personal Information (PI) and any information protected under the Health Insurance Portability and Accountability Act (HIPAA), (i.e. public, confidential, sensitive and/or personal identifying information) as specified in the State Administrative Manual Section 5300 to 5365.3; Cal. Gov. Code § 11019.9; DGS Management Memo 06-12; DOF Budget Letter 06-34; CDA Program Memorandum 07-18 Protection of Information Assets, and the Statewide Health Information Policy Manual.

Information assets may be in hard copy or electronic format and may include but is not limited to:
• Reports
• Notes
• Forms
• Computers, laptops, cellphones, printers, scanners
• Networks (LAN, WAN, WIFI) servers, switches, routers
• Storage media, hard drives, flash drives, cloud storage • Data, applications, databases
• Information collected and/or accessed in the administration of the County programs and services;and
• Information stored in any media form, paper or electronic. b. Encryption of Portable Computing Devices
The Contractor, and its Subcontractors/Vendors, are required to use 128-Bit encryption for data collected under this Agreement that is confidential, sensitive, and/or personal information including data stored on all computing devices (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, and backup media) and/or portable electronic storage media (including but not limited to, discs and thumb/flash drives, portable hard drives and backup media). c. Disclosure
i. The Contractor, and its Subcontractors/Vendors, shall ensure that all confidential, sensitive and/or personal identifying information is protected 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging from inappropriate or unauthorized access or disclosure in accordance with applicable laws, regulations and State and County policies. The requirement to protect information shall remain in force until superseded by laws, regulations or policies.
ii. The Contractor, and its Subcontr actors/Vendors, shall protect from unauthorized disclosure, confidential, sensitive and/or personal identifying information such as names and other identifying information, concerning persons receiving services pursuant to this Agreement, except for statistical information not identifying any participant. 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging iii. “Personal Identifying information” shall include, but not be limited to, name, identifying number, social security number, state driver’s license or state identification number, financial account numbers, symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph.
iv. The Contractor, and its Subcontractors/Vendors, shall not use confidential, sensitive and/or personal identifying information above for any purpose other than carrying out the Contractor’s obligations under this Agreement.

The Contractor and is subcontractors are authorized to disclose and access identifying informationfor this purpose as required by OAA. v. The Contractor, and its Subcontractors/Vendors, shall not, except as otherwise specifically authorized or required by this Agreement or court order, disclose any identifying information obtained under the terms of this Agreement to anyone other than the County without prior written authorization from the County. The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizingparticipant.
vi. The Contractor, and its Subcontract ors/Vendors, may allow a participant to authorize the release of information to specific entities, but shall not request or encourage any participant to give a blanket authorization or sign a blank release, nor shall the Contractor accept such blanket authorization from any participant.
d. Security Awareness Training
i. The Contractor’s employees, Subcontractors/Vendors, and volunteers handling confidential, sensitive and/or personal identifying information must complete the required CDA Security Awareness Training module located at http://www.aging.ca.gov/ProgramsProviders/#Resources within thirty (30) days of the start date of the Contract/Agreement, within thirty (30) days of the start date of any new employee, Subcontractor, Vendor or volunteer’s employment and annually thereafter.
ii. Employees contractor who assist in the performance of functions or activities on behalf of County or CD, or access or disclose CDA PSCI, must complete information privacy and security training, at least annually, at County’s expense. Each person who receives information privacy and security training must sign a certification, indicating the member’s name and date on which the training was completed.
iii. The Contractor must maintain certificates of completion on file for a period of six (6) years fowling contract termination and provide them to the County upon request.
iv. All employees and volunteers who handle personal, sensitive or confidential information relation to CDA’s program must participate in Security Awareness Training.
v. Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance toCounty.
e. Health Insurance Portability and Accountability Act (HIPAA) The Contractor agrees to comply with the privacy and security requirements of HIPAA and ensure that Subcontractors/Vendors comply with the privacy and security requirements of HIPAA.


 
 










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Attachment 1 – Older American’s Actand California Department on Aging f. Information Integrity and Security Statement
The Contractor shall sign and return an Information Integrity and Security Statement (CDA 1024) form with this Agreement. This is to ensure that the Contractor/Vendors are aware of, and agree to comply with, their obligations to protect CDA information assets from unauthorized access and disclosure.


 
 










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Attachment 1 – Older American’s Actand California Department on Aging Security Incident Reporting
A security incident occurs when CDA information assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization, or are lost or stolen.

The Contractor and its Subcontractors/Vendors, must comply with CDA’s security incident reporting procedure located at: http://www.aging.ca.gov/ProgramsProviders/#Resources Notification of Security Breach to Data Subjects
a. Notice must be given by the Contractor, and/or its Subcontractors/Vendors to anyone whose confidential, sensitive and/or personal identifying information could have been breached in accordance with HIPAA, the Information Practices Act of 1977, and State policy.
b. Notice must be given in the most expedient time possible and without unreasonable delay except when notification would impede a criminal investigation or when necessary measures to restore system integrity are required.
c. Notice may be provided in writing, electronically or by substitute notice in accordance with State law, regulation or policy.

Software Maintenance
The Contractor, and its Subcontractors/Vendors, shall apply security patches and upgrades in a timely manner and keep virus software up-to-date on all systems on which State data may be stored or accessed.

Electronic Backups
The Contractor and its Subcontractors/Vendors, shall ensure that all electronic information is protected by performing regular backups of automated files and databases, and ensure the availability of information assets for continued business. The Contractor, and its Subcontractors/Vendors, shall ensure that all data, files and backup files are encrypted.

Copyrights and Right in Data
a. Copyrights
i. If any material funded by this Agreement is subject to copyright, the State reserves the right to copyright such material and the Contractor agrees not to copyright such material, except as set forth in Section B this section. ii. The Contractor may request permission to copyright material by writing to AAS. The State via AAS shall consent to or give the reason for denial to the Contractor in writing within 60 days of receipt of the request. iii. If the material is copyrighted with the consent of the State, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, prepare derivative works, publish, distribute and use such materials, in whole or in part, and to authorize others to do so, provided written credit is given the author.
iv. The Contractor certifies that it has appropriate systems and controls in place to ensure that State/Federal funds will not be used in the performance of this contract for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
b. Rights in Data
i. The Contractor shall not publish or transfer any materials, as defined in the item 2 below, produced or resulting from activities supported by this Agreement without the express written consent of County. That consent shall be given or the reasons for denial shall be given and any conditions under which it is given or denied within 30 days after the written request is 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging received by County. County may request a copy of the material for review prior to approval of the request. This subsection is not intended to prohibit contractors from sharing identifying client information authorized by the participant or summary program information which is not client-specific. ii. As used in this Agreement, the term ”subject data” means writing, sounds recordings, pictorial reproductions, drawings, designs or graphic representations, procedural manuals, forms, diagrams, workflow charts, equipment descriptions, data files and data processing or computer programs, and works ofany similar nature (whether or not copyrighted or copyrightable) which are first produced or developed under this Agreement. The term does not include financial reports, cost analyses, and similar information incidental to contract administration, or the information obtained under the terms of this Agreement to anyone other than CDA without prior written authorization from CDA through County.

The Contractor may be authorized, in writing, by a participant to disclose identifying information specific to the authorizing participant. iii. Subject only to the provisions of this section, the State may use, duplicate, or disclose in any manner, and have or permit others to do so subject to State and federal law all subject data deliveredunder this Agreement. iv. Materials published or transferred by Contractor shall: (a) state “The materials or product were a result of a project funded by a contract with The County of San Mateo / California Department of Aging”; (b) give the name of the entity, the address, and telephone number at which the supporting data is available; and (c) include a statement that “The conclusions and opinions expressed may not be those of AAS or CDA and that the publication may not be based upon or inclusive of all raw data.” 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging J. Procurement Procedures
For goods and services purchased with Title III or Title VII funds, the procurement procedures must include, at a minimum the requirement set forth in 22 CCR 7352. The only exception is contained in 22 CCR 9360(a). The Contractor issuing a noncompetitive award must comply with 22 CCR 9360(b)-(d).

The Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, construction, and services as provided in 45 CFR 75.328 Contractor shall follow all the applicable information specified in 45 CFR 92.36(i).

Small contracts (under $100,000 in the aggregate) do not require a competitive process [CCR 7352(g)]. In the case of small contracts, Contractor need only obtain price or rate quotations from a number of qualified sources and informally select the source with which to contract or obtain the purchase.
a.

Pre-Award Review: The Contractor shall submit the following to County for review and approval for small contracts (under $100,000 in the aggregate) to a for profit entity:
i.

Documentation that the aggregate value of the contract with any entity is less than $100,000 ii.

A completed Conflict of Interest Disclosure Form that discloses whether a potential or actual conflict of interest exists
iii.

Copies of the price or rate quotations received from qualified sources b. County will provide a determination letter within fifteen (15) days of receipt of all required documentation
confirming that the Contractor has satisfied the
requirements of a noncompetitive award to a for profit
entity or will provide detail as to the
requirement(s) that have not been met.
c. Contractor must maintain all documentation on file
that supports a noncompetitive award to a for-profit
entity, as well as County’s determination letter.

Contracts over $100,000 in the aggregate for any entity must follow a competitive process [CCR 7352].

K. Marketing Materials, Publication condit ions, S.W.A.G Ban, Advertising and Public Relations, Copyrights/Trademarks
Categories of Marketing Materials: Public Education and Information Public Education and Information ( PE&I) falls into two categories:

1. Educational – materials that educate and inform an audience such as activity books, coloring books, brochures, and posters.

2. Promotional – material that promotes, supports , or enhances efforts and directly relates to the project objective such as key chains, onboard signs, mugs, pencils, magnets, and litter bags.

The State of California, CDA and County does NOT allow CDA funds to be used for this purpose.
,
Contractors that use CDA and County funds to produce PI&E materials must receive written approval from the CDA Office of Communications in order to use any CDA logo. Subrecipients should allow a minimum of ten (10) business days for approval. Contractors should contract the CDA Office of Communications for assistance ( [email protected]). Contractor shall send CDA approval to County after approval is received. If Contractor intends to use County log, 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging prior approval from County should be obtained.

All materials used in the production of public outreach materials paid for with grant funds are the property of County and CDA ( i.e., data, plates, digital files, camera-ready artwork, designs, 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging concepts, photographs, video and audio). County and CDA reserves the right to use materials developed by County and or Contractor.

Inclusion of the logo and/or funding line should not interfere with the primary program messaging.

Questions regarding the inclusion, size or placement of either logo or funding statement should be directed to the CDA Office of Communications.

All documents produced must comply with Federal Acquisition Regulation, Section 508, which governs document accessibility.

Publication conditions
The Contractor shall assure that the following publication conditions are met:

Materials published or transferred by the Contractor and financed with funds under this Agreement shall:
a. State, “The materials or product were a result of a project funded by a contract with the County of San Mateo”.
b. Give the name of the entity, the address, and telephone number at which the supporting data is available and include a statement that, “The conclusions and opinions expressed may not be those of the California Department of Aging and that the publication may not be based upon or inclusive of all raw data”.

S.W.A.G. Ban
The Contractor, and its Subcontractor/Vendors, shall comply with Governor’s Executive Order 2- 18-2011, which bans expenditures on promotional and outreach items colloquially known as “S.W.A.G.” or “Stuff We All Get”.

Advertising and Public Relations
All press releases or any program advertisement utilizing the CDA logo must be approved by the CDA Office of Communications prior to dissemination. Approval is also required for all use of CDA logo or mention of CDA in materials. Contractor should email the draft press release to [email protected] at least fourteen (14) days in advance of the announcement or event and copy the appropriate CDA Program team and County.

The Contractor must coordinate media and kick-off events with the CDA Office of Communications and County.

If CDA funds are used for outreach, including paid and earned advertising, all materials must receive preapproval from the CDA Office of Communications before publication or production. Any mention of the CDA name or organization in press or outreach materials requires prior approval. The appropriate CDA program manager will coordinate this process. Materials should be submitted to the appropriate CDA program manager for the CDA Office of Communications for review. They will be assessed in batches on the first and fifteenth of each month, with a minimum ten (10) business day approval period. Contractor shall copy County on all correspondence withCDA.

Copyrights/Trademarks
CDA and County reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal or state government purposes the following:
 The copyright/trademark in any work developed under a grant, sub grant or contract under a grant or sub grant.
 Any rights of copyright/trademark to which a Contractor purchases ownership with grant funds. 

 
 










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Attachment 1 – Older American’s Actand California Department on Aging L. Others
Emergency Preparedness
Contractor agrees to assist County in emergency planning and response by providing County client-specific information, as requested by County.

Focal Point
The Contractor shall serve as a “focal point” for older individuals within the community by maximizing, to the extent possible, the co-location and coordination of services for older adults at its site.

New Beginning Coalition
Contractors are encouraged to actively participate in the New Beginning Coalition meetings.

Participation in such meetings is a consideration in evaluating providers’ contract performances.

Additional Notice Requirements
Any notice given to the County for the Contractor’s change of legal name, main address, or name of Director shall be addressed to the Director of AAS on the Contractor’s letterhead.

Long-Term Care Ombudsman Services
Long-Term Care Ombudsman Services in the Planning and Service Area will be carried out by the agency that hasbeen designated by the State Ombudsman to provide those services. [OAA § 712(f)(1)(B); 45 CFR 1324.21]


 
 










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1 EXHIBIT A

CITY OF SAN BRUNO
FY 2024-25 DESCRIPTION OF SERVICES
Contractor shall operate the following Older Americans Act (OAA) and County funded program(s): Congregate Nutrition and Transportation Services described in this Exhibit A reflect program performance requirements (units of service) during fiscal ye ar July 1, 2024, through June 30, 2025 . These programs shall operate in accordance with the California Depar tment of Aging (CDA) and/or State licensing regulations and the standards and requirements established by Aging and Adult Services (AAS) of San Mateo County.

Definitions Specific to Title III and Title VII Programs

1. Child means an individual who is not more than eighteen (18) years of age.

2. Coordination means activities that involve the active participation of the Area Agency on Aging (AAA) staff to include liaison with non-Older Americans Act (OAA) funded agencies and organizations for the purpose of avoiding duplication, improving services, resolving problems related to service delivery, and addressing the service needs of the eligible service population.

3. Program Development means activities that either establish a new service or expand or integrate existing services.

Assurances

1. Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.

2. Any Title III and Title VII service shall not implement a Cost Sharing program unless so notified by the County.

3. The Contractor assures that voluntary contributions shall be allowed and may be solicited in accordance with the following requirement [OAA § 315(b)]:
a. Means tests shall not be used by any Cont ractor for any Title III or Title VII Services;
b. Services shall not be denied to any Titl e III or Title VII client that does not contribute toward the cost of the services received;
c. Methods used to solicit voluntary contribut ions for Title III and Title VII services shall be non-coercive;
d. Each service provider will:
(1) Provide each recipient with an opportuni ty to voluntarily contribute to the cost of the service;
(2) Clearly inform each recipient that th ere is no obligation to contribute and that the contribution is purely voluntary;
(3) Protect the privacy and confidentiality of each recipient with respect to the 

 
 










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2 recipient’s contribution or lack of contribution;
(4) Establish appropriate procedures to safeguard and account for all contributions;
(5) Donation letters may not resemb le a bill or a statement [OAA §315(b).

4. Secure the opportunity for eligible se rvice population to receive managed in-home services as required under OAA 301(A)(1)(D). An individual’s receipt of services under the In-Home Supportive Services Program shall not be the sole cause for denial of any services provided by the AAA or its contractors.

5. Contractor shall agree to distribute any needs assessment(s) or feedback surveys provided by the County. Surveys are to be returned to the County for data collection and analysis.

6. Contractor agrees to partici pate in the monitoring of the use of federal and State funds. Onsite program monitoring will be conducted every two years for all programs except Title IIIC-1 and Title IIIC-2, which must be conducted every year. Onsite fiscal monitoring must be conducted every two years for all programs including Title IIIC-1 and Title IIIC-2.

7. Program monitoring may occur more frequently if determined by AAS as beneficial to the integrity of program r equirement compliance. Cont ractor agrees to provide requested programmatic and administrative documentation and the availability of key staff as part of the contract monitoring process.

8. Contractor agrees to offer services throughout the twelve-mo nth contract period, unless prior written approval is received from AAS.

9. Service are provided onl y to the defined Eligible Service Population.

10. Funds made available under this agreement shall supplement, and not supplant, any federal, State, or local funds expended by a State or unit of general purpose local government to provide Title III ( excluding III E) and Title VII services.

11. Any Title III and Title VII service shall not implement a Cost Sharing program unless approved by County and CDA.

12. Materials published by the Contractor shall:
a. State, “The materials or product were a result of a project funded by a contract with the California of Aging and County of San Mateo”.
b. Give the name of the entity, the address, and telephone number at which the supporting data is available and include a statement that, “The conclusions and opinions expressed may not be those of the California Department of Aging and that the publication may not be based upon or inclusive of all raw data”.


 
 










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3 General Guidance
A. The Contractor shall:

1. Implement the statutory prov isions of the Title III and Title VII Programs [OAA § 306] in accordance with State and federal laws and regulations. The Contractor shall make every effort to meet the goals and objectives stipulated in the four-year Area Plan and annual updates of the Area Plan ’s Goals, Objectives, and Service Unit Plan, herein incorporated into this Agreement by reference.

Performance shall not be unilaterally r educed or otherwise chan ged without prior consultation with, and written approval from County [22 CCR 7306(a)]

2. Establish and maintain an organization that shall have the ultimate accountability for funds received from County and for the effect ive and efficient implementation of the activities as described in the Area Plan an d all pertinent State and federal laws and regulations including data reporting requirements.

3. Meet the adequate proportion r equirements for priority services as required under OAA § 306(a)(2); 22 CCR 7312.

4. Meet the requirements under OAA § 301(a)(1 )(A) to secure and maintain maximum independence and dignity in a home environment for the elig ible service population capable of self-care with appropriate supportive and nutrition services

5. Remove individual and social barriers to economic and personal independence for the eligible service population to the extent possible as required under OAA § 301(a)(1)(B).

6. Provide a continuum of care for the vulnerable eligible service population as required under OAA § 301(a)(1)(C).

7. Secure the opportunity for the eligible service population to receive managed in- home services as required under OAA § 301(a)(1)(D).

8. Conduct and/or promote activities fo r the prevention and treatment of elder abuse, neglect, and exploitation, as required under OAA § 721.

9. Enter into contracts with subcontractors that require them to provide services pursuant to 22 CCR 7352 to 7364, and ensure all applicable provisions required within this Agreement are included in the subcontract(s).

10. The Contractor shall, to the extent feasible, ensure that all budgeted funds are expended by the end of each fiscal year.

11. 12.

Distribute and maintain up-to-date CDA and County requirements so that all responsible persons have ready access to standards, policies, and procedures.

Maintain or increase the number of Title III C-1 and C-2 meals served if federal and/or State funds for meal programs increase. This Contract shall promote and maintain high standards of food safety and sanitation as required b
y the California Retail Food Code (CalCode).


 
 










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4 13. Develop a policy and procedure to ensur e that Title III C-1 meals are only received by eligible individuals.

14. Provide program information and assistance to the public.

15. Maintain a program data collectio n and reporting system as specified in Exhibit E of this Agreement.

16. Offer to each older individual seeking Title III case management services, a list of agencies that provide similar services within the jurisdiction of the AAA as specified in 42 USC 3026(a)(8)(C)(i)-(iii).

17. Include the identity of each designated co mmunity focal point in subcontracts as specified in 42 USC 3026(a)(3)(B).

18. Recognize any same-sex marriage legally entered into in a United States (U.S.) jurisdiction that recognizes their marriage, including one of the fifty (50) states, the District of Columbia, or a U.S. territory, or in a foreign country so long as that marriage would also be recognized by a U.S. jurisdiction. This applies regardless of whether or not the couple resides in a jurisdiction that recognizes same-sex marriage. However, this does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under the law of the jurisdiction of celebration as something other than a marriage. Accordingly, recipients must review and revise, as needed, any policies and procedures which interpret or apply federal statutory or regulatory references to such terms as “marriage,” “spouse,” family,” “household member’” or similar references to familial relationships to reflect inclusion of same-sex spouse and marriages. Any similar familial terminology references in the U.S. Department of Health and Human Services’ (HHS) statutes, regulations, or policy transmittals will be interpreted to include same-sex spouses and marria
ges legally entered into as described herein.

19. Ensure all data is collected for the unmet need as requested by the U.S.

Legislature, Contractor must develop and implement a Wait List policy and procedure. The policy and procedure must include provisions for: prescreening individuals to determine eligibility; managing applicants’ placement on and removal from the Wait List; periodically reviewing the eligibility and identified needs of applicants on the Wait List; and assigning priority for enrollment based on Wait list.

20. Adhere to 48 CFR 3.908, implementing section 828, entitled “Pilot Program for Enhancement of Contractor Whistleblower Protections,” of the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (Pub. L. 112-239, enacted January 2, 2013), applies to this Agreement.


 
 










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Exhibit A
6 Congregate Meals
A. Congregate Meals: To maintain or improve the physical and social well being of older persons (60+) through appropriate nutrition services.

Provision of a meal to an eligible client or other eligible participant at a nutrition site, senior center or some other congregate setting.

The following units of service are required for a home delivered nutrition program. Meals must comply with the Dietary Guidelines for Americans (published by the Secretaries of the Department of Health and Human Services and the United States Department of Agriculture;
If one meal is served, it must provide a minimum of 33 and 1/3 percent of the current daily Dietary Reference Intake (DRI) as established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences; If two meals are served, together they must provide a minimum of 66 and 2/3 percent of the current daily DRI; although there is no requirement regarding the percentage of the current daily DRI which an individual meal must provide, a second meal shall be balanced and proportional in calories and nutrients; and, If three meals are served, together they must provide a minimum of 100 percent of the current daily DRI; although there is no requirement regarding the percentage of the current daily DRI, which an individual meal must provide, a second and third meal shall be balanced and proportional in calories and nutrients; Program Definition
Title III C-1 (Congregate Nutrition Services) means nutrition services for older individuals in a congregate setting. Services include meals, nutrition education, nutrition risk screening, and opportunities
for socialization. Each meal shall provide one-third (1/3) of the Dietary Reference Intakes (DRI) and comply with the most current Dietary Guidelines for Americans (DGA). To be an eligible Title III C-1 congregate nutrition site, the site must meet all of the following criteria: [22 CCR7638.7(a)]

1. Be open to the public; [45 CFR1321.53(b)(3)]

2. No means test; [OAA §315(b)(3)]

3. Provide participants the opportunity to make voluntary contributions and not deny service for not contributing to the cost of the service; [OAA § 315(b)(4)] [22 CCR 7638.9] and

4. Not receive funds from another source for the cost of the same meal or equipment, Or services. [2 CFR 200.403(f)][45 CFR 75.403(f)]


 
 










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Exhibit A
7 A. To-Go Meals means
meals that are picked up by clients (or client's agent) or delivered to clients who are not comfortable dining in a congregate meal setting.

C1: To-Go meals are categorized as C-1 (e.g., dining at congregate site such as restaurant, food truck, etc. or one-on-one with program volunteer) or consumed offsite and include virtual interaction (e.g., group interaction via Zoom, FaceTime, etc. or one-on-one with program volunteer via
telephone) during the meal.


 
 










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Exhibit A
8 Program Requirements means Title III program re quirements found in the OAA (42 U.S.C. 3001-3058); Code of Federal Regulations (45 CFR 1321); California Code of Regulations (22 CCR 7000 et seq.), and CDA Program Memoranda, and California Retail Food Code (CRFC)
The Title IIIC nutrition augmentation funding may be transferred between General Fund C1 and General Fund C2 as needed to provide services to meet unduplicated client and meal goals. The funding must not be transferred to other programs or be used to supplant other pr ogram funding, including the Federal Title IIIC1 and Federal Title IIIC2.

Eligible Service Population for Title III C1 and C2means individuals 60 years of age or older, with emphasis on those in greatest economic and social needs with particular attention to low-income minority older individuals, older individuals with LEP, and ol der individuals residing in rural areas. [OAA §305 (a)(2)(E), 22 CCR 7125, 7127, 7130, 7135].
a. Individuals eligible to receive a meal at a congregate nutrition site are:
x Any older individual.
x The spouse of any older individual.
x 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.
x A disabled individual who resides at home
with and accompanies an older individual
who participates in the program.
x A volunteer under age sixty (60), if doing so
will not deprive an older individual age sixty
(60) or older of a meal.
[CCR 7636.9(b)(3); CCR 7638.7(b); and OAA
339(H)]


 
 










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Exhibit A
9 Individual with a Disability. The term “individual with a disability” means an individual with a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), who is not less than age 18 and not more than age 59. [OAA § 372(a)(2)]
Individuals with Severe Disability(ies) means a person with a severe, chronic disability attributable to mental or physical impairment, that is likely to continue indefinitely and results in substantial functional limitation in three or more major activities. [OAA §102(a)(48)]
Nutrition Services Incen tive Program (NSIP) means the program whose purpose is to provide incentives to encourage and reward effective performance by AAAs in the efficient delivery of nutri tious meals to older individuals. The program consists of a cash allotment based on the ratio of the number of meals served by each Planning and Service Ar ea compared to the total number of meals served in the State in the prior-prior federal fiscal year.

Individuals eligible to receive a meal at a congregate nutrition site are:

1. An older individual or a spouse of an eligible individual ;

2. A person with a disability, under age 60 who resides in a housing facility occupied primarily by older individuals at which congregate nutrition services are provided;

3. A disabled individual who resides at home with and
accompanies an eligible individual who participates in the program;and


 
 










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Exhibit A
10 4. A volunteer under age sixty 60, if doing so will not deprive an older individual sixty (60) or older of a meal. [CCR 7636.9(b)(3); CCR 7638.7(b) and OAA339(H)]
Contractor agrees to offer services throughout the twelve-month contract period, unless prior written approval is received from AAS.

B. Program objective
(1) Give preference to older Californians 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 Recommended Dietary Allowances (RDAs) 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.

C. General Requirements


 
 










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Exhibit A
11 1). Provide at least one (1) meal per day.
2). Comply with the CRFC and their local health department regarding safe and sanitary preparation and service of meals.
3). Comply with the Division of Occupational Safety and Health (Cal/OSHA), California Department of Industrial Relations requirements regarding staff and participant safety.
4). At a minimum, quarterly monitor for safe food handling and sanitation practices of food facilities.
5). Conduct a nutrition screening of congregate and home-delivered meal participants in accordance with Federal requirements found in Section 339 of the OAA ( 42 U.S.C. 3030g-21 ).
6). Where feasible and appropriate, make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C. 5122(2). 7). When it is known or reasonably suspected that a program participant has been the victim of abuse, report the abuse to the authorities in accordance with Section 15630, Welfare and Institutions Code.

D
.

Units of Service
Contractor agrees to provide 21,500 seni or congregate meals and 4 Nutrition Education sessions.

E
.

Unit Definitions
A meal provided to an eligible individual in his or her place of residence that meets all of the requirem ents of the OAA and Stat e/local laws, assures a minimum one-third of the current Dietary Reference Intake (DRI), and complies with the most current Dietary Guidelines for Americans.

Unit of Service: One meal
Nutrition Counseling provides individualized guidance to individuals who are at nutritional risk because of their health or nutrition history, dietary intake, chronic illnesses, medications use, or to caregivers. Counseling is provided one-on-one by a registered dietitian and addresses the options and methods for improving nutrition status. Nutrition counseling may be made either in person or by any other means deemed appropriate (e.g., telephone, emails, etc.) Unit of Service: One session per participant


 
 










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Exhibit A
12 Nutrition Education means an intervention targeting OAA participants and caregivers that uses information dissemination, instruction, or training with the intent to support food, nutrition, and ph ysical activity choices and behaviors (related to nutritional status) in order to maintain or improve health and address nutrition-related conditions. Content is consistent with the Dietary Guidelines for Americans; is accurate, culturally sens itive, regionally appropriate, and considers personal preferences; and is over seen by a registered dietitian or individual of comparable expertise as defined in the OAA Unit of Service: One session per participant


 
 










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Exhibit A
13 Contractor agrees to:

Service Eligibility and priority:

1. Make services available to all persons sixty (60) years of age and older under this service Agreement with the following
exceptions:
a. Persons requesting services that extends beyond the
scope of the program;
b. Persons requesting services who reside outside the
program’s established geographic service boundaries;
and
c. Persons requesting services when the program is serving at capacity and cannot accommodate additional clients.

2. Ensure that the program coordinates its service with other local private and public service providers to promote program efficiency and utilization of existing services and minimize the incidence of service duplication.

Program operation:

1. Operate the program for five days of service each week, Monday through Friday. An agency may operat e at a lesser frequency in a service area where five days per week is not feasible and a lesser frequency is approved in advance by AAS;

2. Providers must establish operati onal procedures to estimate the number of meals to prepare and serve and the amount of food to purchase so that leftovers shall be kept to a minimum;

3. Weekend meals must comply with all regulations specified for Monday through Friday service, including menu approval specified in Section 13;

4. Ensure that meal counts associ ated with Title III C-1, C-2 and NSIP are in accordance 22 CCR 7638.7(a)(1)-(4).

5. Offer a meal to a volunteer under the age of sixty (60) if doing so will not deprive an older individual of a meal. [22 CCR 7638.7(b)(1)] The Contractor or the Subcontractor shall develop and implement a written policy for providing and accounting for volunteer meals. [22 CCR 7638.7(b)(2)]


 
 










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Exhibit A
14 6. Report a meal only once either as a Title III meal or a Title VI meal.

7. Title III C meals are compli ant with the Older Californians Nutrition Program Menu Guidance.

8. Priority shall be given to serving leftovers as seconds to congregate participants;

9. Maintain or increase the number of Title III C-1 and C-2 meals served if federal and/or State funds for meal programs increase.

This Contract shall promote and maintain high standards of food safety and sanitation as required by the California Retail Food Code (CalCode).

10. Protect participants from potential food safety issues by discouraging any practice of participants brin ging home-cooked food to share with other participants during the congregate meal service;

11. Nutrition providers of Title III C pr ograms shall annually assess the client’s nutrition using the Determine Your Nutritional Risk checklist published by the Nutriti on Screening Initiative, included in the AAS nutrition intake tool. [OAA §339(2)(J)] [OAA§207(a)(3)]; Title IIIC intake forms must include the DETERMINE Your Nutritional Risk Health checklist questions and scoring as indicated in the Title IIIC – Intake and Assessment Forms Guide

12. Leftover meals cannot be counted as additional participant meals no r are they eligible for AAA reimbursement;

13. Title IIIC funds may not be used to purchase food to distribute separately from the approved meal;

14. Ensure that the food employee w ho has a food safety certificate issued pursuant to CRFC Secti on 113945.1 instructs all food employees regarding the relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to food borne illness. The food safety certified employee sha ll require food employees to report (a) “Illnesses” or (b) lesions/wounds to the site manager; 

 
 










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Exhibit A
15 15. Conform to the appropriate federa l, State and local requirements, especially the standards and practices identified in CCR, Title 22, CDA Title III Program Manual, O ccupational Safety and Health Administration (OSHA) requirements, current California Retail Food Code (CRFC) and San Mateo County Health System policies and

16. Enter into contracts with subcontractors which require them to provide services pursuant to Title 22 CCR, Sections 7352 through 7364, and ensure all applicable provisions requi red within this Agreement are included in the subcontract(s);

17. NSIP services NSIP funds shall be used for meals which:
(1) Meet the dietary guidelines, as specified in Section339 of the OAA ( 42 U.S.C. 3030g-21 ).
(2) Are served to eligible participants.
(3) Are served to volunteers of any age.
(4) Follow the provisions of "Offer Versus Serve", as found in 7 CFR 226.20(p):

Congregate meal participants may be permitted to decline items due to preference or medical reasons. NSIP funds are not affected when a participant declines menu items.

Use of NSIP funds:

NSIP funds shall be used to purchase food used in the Program. NSIP funds shall not be used to meet cost sharing or as matching funds for any other federal program.

18. Contribution:

Ensure that an eligible individual who receives a meal is given the opportunity to voluntarily contribute to the cost of the meal. 1). Comply with provisions for voluntary contributions in Section 4.4.

OAA §325(b)]
2). The nutrition services provider shall develop a suggested contribution. When developing this contribution amount, the income ranges of the older individuals in the community and the provider's other sources of income shall be considered (CCR 7638.9b). .


 
 










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Exhibit A
16 3). Post signage indicating the suggested contribution for eligible individuals, and the guest fee for non-eligible individuals, near the contribution container at each congregate meal site. The guest fee shall cover all meal costs. [CCR 7638.9.(c)]
4). The provider shall ensure that the amount of the eligible participant's contribution is kept confidential. 3). The nutrition services provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft. Such procedures shall be kept on file at the provider's site. 4). All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition-related supportive services

19. Contribution: Inform clients that the Congregate Nutrition Program is partially funded by the OAA / County of San Mateo by posting signs near the contribution container at each congregate meal site indicating such. Signs will also state the suggested contribution level for eligible clients, non-senior spouse of an eligible client, and non- senior volunteers. The sign must also state that services will not be denied if a contribution is not made.

D All contributions are to be
anonymous andvoluntary;
E Contributions from eligible
clients (project income) are to
be used to expand or support the
meal service;
F Post signage indicating the
suggested contribution for
eligible individuals, and the
guest fee for non-eligible
individuals, near the
contribution container at each
congregate meal site. The guest
fee shall cover all meal costs.
( CCR 7638.9C)
G Guests, non-congregate
program volunteers, and non-
senior employees must
pay the required fee. These fees
are to be collected and
maintained separately from
contributions from eligible clients;
H All outreach materials, websites
and publicity regarding the
program shall attribute partial
funding from the Older Americans
Act and County of San Mateo.


 
 










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Exhibit A
17  Promote the Congregate Nutrition Program as non-fee based, avoiding references to “free or discounted meals” (e.g., free birthday lunch specials, offers associated with coupons, club membership discounts, etc.);
 Notify AAS and receive approval of any plan, at least 30 days in advance of implementation, for change in the congregate meals service resulting from the relocation or closing of a kitchen, a route change or termination, reducing the number of service days and hours of operation, change in director or meal service caterer, extended absence of program staff beyond three weeks,
suggested contribution amount,etc.;
 Each congregate meal provider shall:


Comply with all provisions in CCR 7630-7688.13 Early Nutrition Program.
2) Include procedures for obtaining the views of participants about the services received.
(3) Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.
(b) Each congregate meal site shall meet all of the following:


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 Elderly Nutrition Program activities are taking place.


Have restrooms, lighting, and ventilation which meet the requirements of the CURFFL.


Have equipment, including tables and chairs, that is sturdy and appropriate for older individuals. Tables shall be arranged to assure ease of access and encourage socialization.


Comply with the most current Dietary Guidelines for Americans.


Provide one-third of the Dietary References Intakes (DRI) if providing one meal per day, two-thirds of the DRI if providing two meals per day, and 100% of
the DRIs if providing three meals per day.


Comply with the Older Californians Nutrition Program Menu Guidance.

Nutrition Education and Nutrition Counseling:

Nutrition education services shall be based on the particular need of home-delivered meal participants. An annual needs assessment shall be performed by the nutrition services provider to make this determination.

Nutrition Counseling: A nutrition serv ices provider shall have written policies and procedures, which ensure that nutrition counseling is provided only by a registered dietitian.


 
 










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Exhibit A
19 1.

Meal Prep and Meal Requirements: Submit menus the month prior to the meal service for approval by the AAS registered dietitian that comply with the most current Dietary Guidelines for Americans by the US Department of Health and Human Services and the US Department of Agriculture. The menus are to be submitted with Contractor’s MIS and invoice documents by the 10th of each month. All menus must comply with the following:
a. Be planned for a minimum of four (4)
weeks;
b. Be provided to participants;
c. Be legible and easy to read in the
language of the majority of the
participants; and
d. Reflect cultural and ethnic dietary
needs of participants, when feasible

2. Comply with CRFC requirements related to the use of trans fat:
a. Every food facility should have the
label for any food/food additive they
are using or storin g in any way if it
includes any fat, oil, or shortening;
b. Beginning January 1, 2010, no oil,
shortening or ma rgarine containing
artificial trans fats may be used by a
food facilityunless used for deep frying
yeast dough or cake batter;
c. Beginning January 1, 2011, no food
containing artificial trans fat even in
yeast dough or cake batter may be
used/stored/distributed by a food
facility;
d. Subdivision c. (above) shall not apply
to food sold/served in a manufacturer’s
original, sealed package; and
e. A food contains artificial trans fat if it
contains vegetable shortening,
margarine or any partially
hydrogenated vegetable oil unless
trans fat content is less than .5 grams
per serving CRFC
114377;12.6(a)(b1)(b2)(c)(d).


 
 










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Exhibit A
20 3. Each food preparation site (central kitchen and caterer) must be physically inspected on a quarterly basis by the County Registered Dietitian. Non-food preparation congregate dining sites must be inspected using a standardized procedure developed by the County that assures all sites are seen systematically, but not necessarily ev ery year. Generally accepted standards for food safety, County policies and procedures must guarantee the following:
a. Inspection of non-food
preparation nutrition sites at
least every other year and
b. Inspection of non-food
preparation nutrition sites more
often if they are seen to have an
increased risk for food safety
violations or a history of
corrective actions.
c. Inspection of central kitchens
sites annually on-site. [22CCR
7634.3(d)].
 Ensure that the food employee who has a food safety certificate issuedpursuant to CRFC Section 113945.1 instructs all food employees regarding the relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to food borne illness. The food safety certified employee shall require food employees to report (a) “Illnesses” or (b) lesions/wounds to the site manager;
 Safety of the food after it has been served to a participant and when it has been removed from the congregate site is the responsibility of the recipient and may be consumed as that participant deems appropriate.

Providers shall post signs stating that:
“For health reasons, taking out potentially hazardous food is not recommended. Doing so is at your own risk.”
Staff Qualifications:

1. The nutrition services provider shall have a manager on staff who shall conduct the day-to-day management and administrative functions of the Elderly Nutrition Program, and either have (a), (b), or (c):


 
 










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Exhibit A
21 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 ma nagement at a college level. Prior to completion of m eeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, or,
c
.

Two years experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire. 2 .

Personnel: There shall be, at a minimu m, a manager as required above, and a paid staff or volunteer . There shall also be a sufficient number of qualified staff with the appropriate education and experience to carry out the requirements of the Pro
gram. The total number of staff shall be based
3 .

Volunteer Services: Volunteers shall be recruited and used in any phase of program operations where qualified.

A yearly written plan and written materials:

1. Ensure participants receive written in structions in the language of the majority of the participants for handling and reheating of the meals; 

 
 










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Exhibit A
22 2. A yearly written plan for a minimum of four quarterly staff/volunteer training sessions (a minimum of four hour s annually) must be developed, implemented, and maintained on file by the nutrition provider. Plans must be approved and finalized by August 1, 2024
a. The AAS registered dietitian
must approve the training
curriculum;
b. Training topics must include at a
minimum: food safety,
prevention of food-borne illness,
Hazard Analysis and Critical
Control Points (HACCP)
principles, accident prevention,
fire safety, first aid, choking,
emergency procedures, and
earthquake preparedness;
c. Three of the training sessions
must include food safety and
sanitation principles;
d. The training plan shall identify
who is to be trained, who will
conduct the training, content of
training and when it is
scheduled; and
e. Documentation of training must
include attendees’ evaluations
and attendance records

3. A yearly written plan for a minimum of four quarterly participant nutrition education sessions (a minimum of four hours annually) must be developed, implemented, and maintained on file by the nutrition provider. Plans must be approved and finalized by August 1, 2024.
a. The AAS registered dietitian
must approve the training
curriculum.
b. Documentation of sessions
must include attendees’
evaluations and attendance
records.


 
 










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Exhibit A
23 4. Utilize appropriate verbiage in written materials (such as newsletters, menus, newspapers, websites, flyers, publications, etc.) by avoiding the use of language that implies a price or fee for the meal. If there is reference to a dollar amount for a meal, the words “suggested donation” or “suggested contribution” must be included. AAS reserves the right to disallow payment for the meal if Contractor is out of compliance;

5. All outreach materials, websites and publicity regarding the program shall attribute partial funding from the Older Americans Act and County of San Mateo.

6. Records, reports, distribution of information, and confidentiality:
(a) The nutrition services provider shall develop and maintain records on congregate and home-delivered meal participants that are in accordance with subsection 7500(a) of this Division.
(b) The nutrition services provider shall establish procedures in order to comply with subsection 7500(c) of this Division, which ensure the accuracy and authenticity of the number of eligible participant meals served each day. Such procedures shall be kept on file at the provider's site.
(c) Nutrition services provider records and reports shall be made available for audit, assessment, or inspection by authorized representatives of the AAA, or the Department.
(d) The nutrition services provider shall ensure that information about, or obtained from a participant's records, shall be maintained in a confidential manner


 
 










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TRANSPORTATION
A. Program Requirements
Program Requirements means Title III program requirements found in the OAA (42 U.S.C. 3001-3058); Code of Federal Regulations (45 CFR 1321); California Code of Regulations (22 CCR 7000 et seq.), and CDA Program Memoranda, and California Retail Food Code (CRFC) Eligible Service Population for Title III B and Dmeans individuals 60 years of age or older, with emphasis on those in greatest economic and social need with particular attention to low income minority individuals, older individuals with Limited English Proficiency (LEP), and older individuals residing in rural areas. [OAA § 305 (a)(2)(E), 22 CCR 7125, 7127, 7130, 7135 and 7638.7].

Title IIIB (Supportive Services) means a variety of services including, but not limited to: personal care, homemaker, chore, adult day health care, case management, assisted transportation, transportation, legal assistance, information and assistance, outreach, and long-term care ombudsman advocacy, as defined in the Older Americans Act Performance System (OAAPS) categories and National Ombudsman Reporting System (NORS). [OAA 321(a)].

Priority Services for Title IIIB means those services associated with access to services (transportation, outreach, information and as sistance and case management); in-home services including supportive services such as respite and visiting, for families of older individuals who are victims of Alzheimer’s disease and related diso rders involving neurological and organic brain dysfunction; and legal assistance.

Individual with a Disability. The term “individual with a disability” means an individual with a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), who is not less than age 18 and not more than age 59. [OAA § 372(a)(2)] Individuals with Severe Disability(ies) means a person with a severe, chronic disability attributable to mental or physical impairment, that is likely to continue indefinitely and results in substantial functional limitation in three or more major life activities. [OAA §102(a)(48)] B. Units of Service
Contractor agrees to provide 1,200 one-wa y trips.

C. Unit Definitions
Transportation:

C. Transportation: To assist older persons (60+) to live independently by providing transportation to and from their home to appropriate medical appointments and other community destinations such as the bank, grocery store, or other related errands.

Provision of a means of transportation for a person who requires help in going from one location 

 
 










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to another, using a vehicle. Does not include any other activity.

The fundable activities under this program are Transportation: To take a client from one location (home, senior center, facility, etc.) to another.

Unit of service: One, one-way trip
Contractor agrees to:

1. 2.

Make services available to all persons sixty (60) years of age and older under this Agreement with the following exceptions:
a. Persons requesting services that ex tends beyond the scope of the program; b. Persons requesting services who reside outside the program’s established geographic service boundaries; and
c. Persons requesting services when the program is serving at capacity and cannot accommodate additional clients.

Coordinate services with all other relevant tr ansit providers, especially paratransit services available from Redi-Wheels and Redi-Coast to promote program efficiency and utilization of existing services and minimize the incidence of service duplication; 3 .

4. Develop out-of-county medical trip procedures when providing the service. Contractor shall include the following:
a. “Out of county” trips s hall be limited to medical appointments not met by the in- county medical community.
b. Provide individual documentation of the need for out of county medical transportation. Documentation must prove that all available options have been exhausted and must include detailed information on intake sheet to determine use of transportation funds.
c. Provision to ensure “out of county” tr ips shall not take precedence over “in- county” transportation.

Maintain written emergency and accident policies and procedures and be responsible for ensuring that all transportation staff ar e trained in these procedures. In addition, the agency will be responsible for ensuring that drivers p articipate in annual driver education that will include sensitivity training related to transportation for older adults and adults with disabilities;

5. Identifying contingency plans for providing back-up coverage when a vehicle is inoperable or when the driver is ill or on vacation, if the a
gency operates its own vehicle;
6 Inform paratransit riders by written notice of t he suggested contribution. Contributions will be collected and included as part of the Transportation bud get. All contributions are to 

 
 










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be voluntary, anonymous, and must be used to provide expanded transportation services. If the vehicle is provider- owned, a sign will be pos ted in the vehicle indicating the suggested contribution. Otherwise, written notice of suggested contribution must be posted in program service areas.

7. Provide verification of vehicle inspection by the California Highway Patrol, if provider operates own vehicle.

Reporting Provisions
A. The Contractor shall have written procedures to assure that all submitted performance data is timely, complete, accurate, and verifiable.

B.

C.

The Contractor shall submit monthly data reports and invoices for OAA funded programs.

Reports are due the 10th of each month following service. Contractor must correct inaccurate invoices and corresponding data reports in order to receive reimbursement.

Corrections must be made within (5) working days after request from AAS fiscal and/or program staff.

Quarterly, the Contractor shall submit quarterly data reports for OAA-funded programs as follows:

Quarter Reporting Period Due Date
Quarter 1 July 1 - September 30 October 10
Quarter 2 October 1 - December 31 January 10
Quarter 3 January 1 - March 31 April 10
Quarter 4 April 1 - June 30 July 10


 
 










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Exhibit B
2 Contractor agrees to the following:

A. Contractor shall expend all funds rece ived hereunder in accordance with this Agreement; B. Contractor is responsible for covering the co st of all components of each program outlined above and shall be reimbursed for actual expend itures on the approved budget for each program;
C. The final date to submit a budget revision is March 15 of the contract period unless otherwise specified by the County;
D. Reimbursement Calculation – The total reimbursement amount is calculated based on the following formula: Actual Expenditure minus (-) Total Revenue (Matching and Non- Matching Contributions and Project Income) equals (=) Total Reimbursement amount.

If the Contractor prefers to have the reimbursement amount equally spread throughout the contract year, this can be achieved by utilizing the reimbursement formula indicated above, as long as the total reimbursement amount does not exceed the total cost of the services rendered during the period indicated on the invoice; and Reimbursement for the nutri tion programs will be according to the Reimbursement Calculation above not by service unit (meals) . All Contractors agree to work toward meeting the service unit targets each month throughout the entire year; E. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with California Department of Human Resources’ (CalHR) rules and regulations;
In State:

Mileage/Per Diem (meals and incidentals)/Lodging
https://www.calhr.ca.gov/employees/pages/travel- reimbursements.aspx Out of State:
x http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201
This is not to be construed as limiting the Contractor from paying any differences in costs, from funds other than those provided by the County, between the California Department of CalHR rates and an y rates the Contractor is obli gated to pa y under other contractual 

 
 










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Exhibit B
3 agreements. No travel outside the State of Calif ornia shall be reimbursed unless prior written authorization is obtained from the County. [SCM 3.17.2.A(4)]; The Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provider services pursuant to this Agreement; F. County reserves the right to refuse payment to the Contractor or disallow costs for any expenditure, as determined by County to be: out of comp liance with this Agreement, unrelated or inappropriate to contract activities, when adequate supporting documentation is not present, or where prior approval was required but not requested nor granted; G. Contractor shall maintain accounting re cords for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by the Contractor, an d shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget (OMB) Uniform Administrative R equirements, Cost Principles, and Audit Requirements for Federal Awards; [2 CFR, 200] [45 CFR 75].

H. Contractor shall meet the following st andards for its financial management systems, as stipulated in 2 CFR 200.302 and 45 CFR 75.302
x Financial Reporting;
x Accounting Records;
x Complete Disclosure;
x Source Documentation;
x Internal Control;
x Budgetary Control;
x Cash Management (written procedures);
x Allowable Costs (written procedures);
I. Unexpended Funds
Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to County immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity.

J. Funding Contingencies

1. It is understood between the parties t hat this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made.

2. This Agreement is valid and enforceabl e only if sufficient funds are made available to the State by the United States Government or the Budget Acts of the appropriate fiscal years for purposes of this program(s). In addition, this A
greement is subject to any additional restrictions,


 
 










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Exhibit B
4 limitations, or conditions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

K. Limitation of State Liability
Payment for performance by the Contractor shall be dependent upon the availability of future appropriations by the Legislature or Congress for the purposes of this Agreement and approval of an itemized Budget. No legal liability on the part of County or State for any payment may arise under this Agreement until funds are made available; the itemized Budget is received and approved by County and County has received an executed agreement.

L. Funding Reduction(s)

1. If funding for any State fiscal year is reduced or deleted by the Department of Finance, Legislature, or Congress for the purposes of this program, the State and County shall have the option to either:
a. Terminate the Agreement pursuant to Attachment 1.
b. Offer an Agreement amendment to the Contractor to
reflect the reduced funding for this Agreement.

2. In the event County elects to offer an amendment, it shall be mutually understood by both parties that:
a. County reserves the right to determine which
agreements, if any, under this program shall be reduced. b. Some agreements may be reduced by a greater
amount than others, and
c. County shall determine at its sole discretion the amount that any or all of the agreements shall be reduced for the fiscal year.

M. Interest Earned

1. Interest earned on federal advance payments deposited in interest-bearing accounts must be remitted annually to County.

Interest amounts up to $500 per year may be retained by the Contractor and subcontractors for administrative expenses. [2 CFR 200.305
(b)(9)] [45 CFR 75.305 (b)(9)]


 
 










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Exhibit B
5 2. Interest earned on advances of federal and non-federal funds shall be identified as non-match cash. [2 CFR 200.305(b)(8)] [45 CFR 75.305(b)(8)]

3. The Contractor must maintain advance payments of federal awards in interest- bearing accounts, unless the following apply:
[2 CFR 200.305(b)(8)]
[45 CFR 75.305 (b)(8)]
a. The Contractor receives less than $120,000 in federal awards per year.
b. The best reasonably available interest-bearing
account would not be expected to earn interest in
excess of $500 per year on federal cash balances.
c. The depository would require an average or minimum
balance so high that it would not be feasible within the expected federal and non-federal cash resources.
d. A foreign government or banking system prohibits or
precludes interest bearing accounts.

N. Actual Expenditures means the allowable costs occu rring during each month’s billing c
ycle;
O. Matching Contributions mean local cash and/or in-kind contributions by the Contractor, subcontractor, or other local resources that qualify as match for the contract funding.

Matching
contributions are:
x Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements;
x Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor; and
x Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget (OMB) cost principles.

1. The required minimum program matchi ng contributions for Title III-B, not including Ombudsman, and III-C is 10.53 %.

2. The required minimum matchin g contributions for Title III-E is 25%. 

 
 










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Exhibit B
6 3. Minimum matching requirements are calculated on net costs, which are total costs less program income, non-matching contributions and State funds.

Matching contributions are included in the minimum matching requirements calculation

4. Program matching contributions for Title III-B, not including Ombudsman, and III-C can be pooled to meet the minimum requirement of 10.53%.

5. Matching contributions generated in excess of minimum required are considered overmatch.

6. Program overmatch from III-B or C, can be used to meet the program match requirement for Title III-E. The expenditures are related to the needs of caregivers and are attributable to a service category within the National Family Caregiver Support Program (NFCSP).

7. Federal funds will be reduced proportionately to maintain the required matching ratios if the Contractor fails to report sufficient match P. Budget Revision
The Contractor shall submit electronically a budget revision 2 weeks after receiving an amended contract with changes in funding levels, unless otherwise instructed by County.

Q. Line Item Budget Transfers
The Contractor may transfer contract funds between line items under the following terms and conditions:

1. The Contractor shall submit a re vised budget to County when one or the cumulative line item bud get transfers exceeds ten percent (10%) of the total budget for each funding source.

2. The Contractor shall maintain a written record of all budget changes and clearly document li ne item budget changes. The record shall include the date, amount and purpose of the transfer.

This record shall be available to County upon request and shall be maintained in the same manner as all other financial records.

3. Final budget revision containi ng line item adjustments may be submitted as necessary, but no later than ninety(90) days prior to the ending date of the current funding period.

R. Allocation Transfers

1. The Contractor shall submit a request to County to transfer federal or State funds between Title III B, C-1 and C-2 programs.


 
 










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Exhibit B
7 a. Transfer of federal baseline funds is allowable between Titles III B and III C in accordance with OAA § 308(b)(5)(A) and betw een Titles III C-1, and III C-2 in accordance with OAA § 308(b)(4)(A).
b. Transfer of State funds is allow able between Title III C-1 General Fund and Title III C-2 General Fund.
c. The Title III C nutrition augmentati on funding may be transferred between General Fund C1 and General Fund C2 as needed to provide services. The funding must not be transferred to other programs or be used to supplant other program funding, including the Federal Title III C1 and Federal Title III C2.

2.Transfer of funds cannot be processed or approved after 2/28/2025 S. In-kind Contributions mean the value of non-cash contributions donated to support the pro
ject or program (e.g. property, service, etc.);
T. Non-Matching Contributions mean local funding that does not qualify as matching contributions and/or is not being budgeted as matching contributions. (e.g., federal funds, overmatch, etc.);
U. Program Income means revenue generated by the Contractor or the subcontractor from contract-supported activities and may include:
a. Voluntary contributions received from a participant or other party for services received.
b. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided
under this Agreement.
c. Royalties received on patents and copyrights from
contract-supported activities.
d. Proceeds from the sale of goods created under CDA grant funds.

Program Income

1. Must be reported and expended under the same terms and conditions as the program funds from which it is generated.

2. Must be used to pay for current allo wable costs of the program in the same fiscal year that the income was earned (except as noted in 4) 

 
 










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Exhibit B
8 3. For Title III-B, III-C, III-D, III-E, VII Ombudsman , and VII-A Elder Abuse Prevention programs, mar must be spen t before contract funds (except as noted in 4) and may reduce the total amount of contract funds payable to the Contractor.

4. For Title III-B, III-C, III-D, III-E, VII Ombudsman , and VII-A Elder Abuse Prevention programs, if Program Income is earned in excess of the amount reported in the contract budget the excess amount may be deferred for use in the first quarter of the following contract period, which is the last quarter of the federal fiscal year.

5. If Program Income is deferred for use it must be used by the last day of the federal fiscal year, and reported when used.

6. Program Income may not be used to meet the matching requirements of this Agreement.

7. Must be used to expand baseline services.

V. One-Time Only (OTO) Funds

1. OTO funds are non-transferable between funding sources. This means that OTO funds can only be used in the program in which they were accrued.

2. OTO funds can only be awarded to a subcontractor that has a valid contract with the AAA. All contracts shall be procured either through an open and competitive procurement process pursuant to 22 CCR 7352 or through a non-competitive award pursuant to 22 CCR 7360.

3. Titles III and VII feder al Program OTO funds shall only be used for the following purposes:
a. The purchase of equipment that enhances
the delivery of services to the eligible service
population.
b. Home and community-based projects that are
approved in advance by County, and are
designed to address the unmet needs of the
eligible service population identified in the
Area Plan.


 
 










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Exhibit B
9 c. Innovative pilot projects that are approved in
advance by County, and are designed for the
development or enhancement of a
comprehensive and coordinated system of
services as defined in 45 CFR 1321.53(a)(b).
d. OTO funds can be used to maintain or
increase baseline services. However, services
funded with OTO funds will not create an
expectation of service delivery beyond the
current Contract period. Expenditures for
baseline services do not require advance
County approval.

4. NSIP OTO funds shall only be used to purchase food used in the Elderly Nutrition Program.

W. Indirect Costs means costs incurred for a common or joint purpose benefiting more than one cost objective and not readily assignable to the cost objective specifically benefited, without effort disproportionate to the results achieved.

1. The maximum reimbursement amount allo wable for indirect costs is 10% of the Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment. Indirect cost s shall not exceed 10% of the Contractor’s MTDC per funding category.

2. 3.

Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regar dless of the period of performance of the subawards under t he award). MTDC excludes in-kind contributions, equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a seri ous inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. [45 CFR 75.2]
Contractors requesting reimbursement for indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding agencies or an allocation plan documenting the methodology used to determine the indirect costs.


 
 










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Exhibit B
10 4.

5. Indirect costs exceeding the 10% maximum may be budgeted as in-kind for purposes of meeting matching require ments (in Title III and Title VII programs only). County must receive prior approval from federal awarding agency prior to budgeting the excess indirect costs as in-kind. Maximum reimbursable indirect rate of 10% is allowable by San Mateo County under this contract.

For major Institutes of Higher Education and major nonprofit organizations, indirect costs must be classified within two broad categories: “Facilities” and “Administration.” “Facilities” is defined as depreciation on buildings, equipment and capital improvement, interest on debt associated with certain buildings, equipment and capital improvements, and operations and maintenance expenses. “Administration” is defined as general administration and general expenses such as the director's office, accounting, personnel and all other types of expenditures not listed specifically under one of the subcategories of “Facilities” (including cross allocations from other pools, where applicable). [2 CFR 200.414(a)] [45 CFR 75.414
(a)
X. The Contractor shall be compensated for expenses only as itemized in the approved Budget with the exception of line item budget transfers as noted in this Exhibit and shall not be entitled to payment for these expenses until this Agreement is approved and executed by County. The approved Budget is hereby incorporated by reference into this Agreement as a part of Exhibit B.

The Budget must set forth in detail the re imbursable items, unit rates and extended total amounts for each line item. The Contractor’s B udget shall include, at a minimum, the following items when reimbursable under this Agreement:

1. Personnel Costs – annual FTE wage rates and personnel classifications together with the percentage of time to be charged, specified for each fund source. 2 CFR 200.430 must be followed for rules regarding allowability of personnel costs. Specific emphasis of section (i) of 2 CFR 200.430:

A. Charges to Federal awards for salaries and
wages must be based on records that accurately
reflect the work performed. These records must:
1) Be supported by a system of internal control
which provides reasonable assurance that the
charges are accurate, allowable, and properly
allocated;
2) Be incorporated into the official records of the
non-federal entity;
3) Reasonably reflect the total activity for which the
employee is compensated by the non-Federal
entit
y, not exceeding 100% of compensated


 
 










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Exhibit B
11 activities;
4) Support the distribution of the employee’s salary
among specific activities or cost objectives if the
employee works on more than one Federal award; a
Federal award and a non Federal award, an indirect
cost activity and a direct cost activity; two or more
indirect activities which are allocated using different allocation bases; or an unallowable activity and a
direct or indirect cost activity.
5) Budget estimates (i.e. estimates determined
before the services are performed) alone do not
qualify as support for changes to Federal awards.

B. Salaries and wages of employees used in
meeting cost sharing or matching requirements on
Federal awards must be supported in the same
manner as salaries and wages claimed for
reimbursement from Federal awards.

2. Frin
ge Benefits- specified for each fund source.

3. Staff Travel – mileage reimbursement , lodging, per diem and other travel costs, specified for each fund source

4. 5.

Staff Training – attendance cost for necessary training, specified for each fund source.

Rent-Total cost per funding source.

6. Property/Equipment - detaile d descriptions and unit costs, specified for each fund source

7. Supplies – to include items below the $5,000 equipment threshold, specified for each fund source.

8. 9.

10. Contractual costs-subcontra ctor and consultant cost details, specified for each fund source.

Food-used in delivering Congregate and Home-Delivered Meals.

Other – Facilities and other ordinary and necessary costs specified for each fund source.

11. Allocated Direct Costs – requires submi ssion of a Direct Cost Allocation Plan for prior approval OR Indirect Costs-costs incurred for a common or joint purpose benefitting more than one cost objective and not readily assignable as a direct cost.

12. Subcontractor Services - summary costs for subcontracted programs specified for each fund source.


 
 










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Exhibit B
12 The Contractor shall submit a budget, which shall be incorporated by reference into the contract and will have, at a minimum, the categories listed in Section B. above.

Y. Equipment
Equipment/Property with per unit cost over $5,000 or any computing devices, regardless of cost requires justification from the Contractor and approval from County Z. The Title III C nutrition augmentation funding may be transferred between General Fund C1 and General Fund C2 as needed to provide services. The funding must not be transferred to other programs or be used to supplant other program funding, including the Federal Title III C1 and Federal Title III C2.

Aa. A mid-year review, scheduled for January 2025, will require a reconciliation of year-to-date outcomes. Based on these outcomes, a bud
get revision may be required.

Ab. Submit client intake forms as appropriate, monthly program reports, and invoices by the tenth (10th) of each month. Upon notif ication from County, the Contractor must correct inaccurate invoices and corresponding reports in order to receive reimbursement. Invoices must reflect the provision of services and the usage of funds each month throughout the entire contract period. S upporting documents are required to be submitted along with invoices. Corrections must be made within five (5) working days. Invoices submitted more than two months past t he month of service may not be re imbursed. Invoice(s) for June 2025 will be due by July 7, 2025, to facilitate timely payment.

County may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Contractor, until such time as County determines that the financial management standards are met.

Ac. Offer services throughout the twelve-month cont ract period, unless prior written approval is received from County.

Ad. Invoices must reflect the provision of services and the usage of funds each month throughout the entire contract period.

Ae. Submit a single closing report of expenses with supporting documentation for each program by July 16, 2025.

Final expenditures must be reported to County in accordance with the budget. If the expenditures reported by the Contractor exceed the advanced amount, County will reimburse the difference to the Contractor up to the Agreement amount. If the expenditures reported by the Contractor are less than the advanced amount, County will invoice the Contractor for the unspent funds.

Documentation should include the following:


 
 










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Exhibit B
13 x General ledger of expenditures for the contracted program; x Applicable payroll register;
x Lease agreements and allocation percentage for rent cost; x Equipment invoices;
x Vendor invoices for large purchases; and


 
 










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$77$&+0(17 *

SENIOR CENTERS & FOCAL POINTS

COMMUNITY SENIOR CENTERS AND FOCAL POINTS LIST
CCR Title 22, Article 3, Section 7302(a)(14), 45 CFR Section 1321.53(c), Older Americans Act Reauthorization Act of 2020, Section 306(a) and 102(21)(36)
Designated Community Focal
Point/Senior Center
Address

1. Alzheimer’s Association of Northern California
& Northern Nevada 1060 La Avenida St. Mountain View, CA 94043

2. Catholic Charities CY O San Carlos Adult Day
Services 787 Walnut Street San Carlos, CA 94070

3. Center for the Independence of Individuals
with Disabilities
1515 S. El Camino Real, Suite 400 San Mateo,
CA 94402

4. City of Belmont Senior and Community
Center 20 Twin Pines Lane B 20 Twin Pines Lane Belmont, CA 94402

5. City of Brisbane Senior Center 2 Visitacion Avenue Brisbane, CA 94005

6. City of Burlingame Recreation Older Adult
and Senior Programs 850 Burlingame Avenue Burlingame, CA 94010

7. City of Daly City Senior/Adult Services
Doelger Center 101 Lake Merced Blvd. Daly City, CA 94015

8. City of Daly City Lincoln Community Center 901 Brunswick Street Daly City, CA 94014

9. City of East Palo Alto: East Palo Alto Senior
Center Inc. 56 Bell Street East Palo Alto, CA 94303

10. City of Menlo Park Senior Center 110 Terminal Avenue Menlo Park, CA 94015

11. City of Millbrae Recreation Department Senior
Activities 623 Magnolia Avenue Millbrae, CA 94030

12. City of Pacifica Senior Services Center 540 Crespi Drive Pacifica, CA 94044

13. City of San Bruno Senior Center 1555 Crystal Springs Road San Bruno, CA 94066

14. City of San Mateo Senior Center 2645 Alameda de las Pulgas San Mateo, CA 94403

15. City of San Mateo Martin Luther King
Community Center 725 Mount Diablo San Mateo, CA 94401

16. City of South San Francisco Adult Day Care 601 Grand Avenue South San Francisco, CA 94080

17. City of South San Francisco Magnolia Senior
Center
601 Grand Avenue South San Francisco, CA
94080

18. Coastside Adult Day Health Center 925 Main Street Half Moon Bay, 94019

19. Edgewood Center for Children and Families 957B Industrial Road San Carlos, CA 94070

20. Family Caregiver Alliance 101 Montgomery, Suite #2150 San Francisco, CA 

 
 










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94103

21. Fair Oaks Community Center 2600 Middlefield Road Redwood City, CA 94063

22. Foster City Senior Wing 650 Shell Blvd. Foster City, CA 94014

23. Hospital Consortium of San Mateo County 222 W. 39th Avenue San Mateo, CA 94403

24. Kimochi, Inc. 1715 Buchanan St. San Francisco, CA 94115

25. Legal Aid Society of San Mateo County 330 Twin Dolphin Drive, Suite 123 Redwood City, CA 94065

26. Ombudsman Services of San Mateo County,
Inc. 711 Nevada Street Redwood City, CA 94061

27. Peninsula Family Service 24-2nd Avenue San Mateo, CA 94401

28. Peninsula Volunteers, Inc. Rosener House 500 Arbor Road Menlo Park, CA 94025

29. Peninsula Volunteers, Inc. Little House 800 Middle Avenue Menlo Park, CA 94025

30. Ron Robinson Senior Care Center San Mateo
Medical Center 222 39th Avenue San Mateo, CA 94403

31. San Carlos Adult Community Center 601 Chestnut Street San Carlos, CA 94070

32. San Mateo County Aging and Adult Services 2000 Alameda de les Pulgas, San Mateo, CA94403

33. Second Harvest Food Bank Brown Bag
Program 1051 Bing Street San Carlos, CA 94070

34. Self Help for the Elderly/HICAP 50 East 5th Avenue San Mateo, CA 94401

35. Senior Coastsiders 535 Kelly Avenue Half Moon Bay, CA 94019

36. Sequoia Hospital Health and Wellness Center 749 Brewster Redwood City, CA 94063

37. Veterans Memorial Senior Center 1455 Madison Avenue Redwood City, CA 94061 

 
 










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Attachment H
Health Insurance Portability and Accountability Act (HIPAA) Business Associate Requirements

DEFINITIONS
Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified.
a. Business Associate. “Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement shall mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity. f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 160.103 and is limited to the information created or received by Business Associate from or on behalf of County.
i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.103.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402.

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probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment:

1. Nature and extent of PHI included, identifiers and likelihood of re-identification;

2. Identity of the unauthorized person or to whom impermissible disclosure was made;

3. Whether PHI was actually viewed or only the opportunity to do so existed;

4. The extent to which the risk has been mitigated.
l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.
m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system. “Security Incident” includes all incidents that constitute breaches of unsecured protected health information.

OBLIGATIONS AND ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses an d disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity.
e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to Co unty any use or disclosure of Protected Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information.
h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524.

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i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County.
j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule.
k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County.
n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information.
o. Business Associate shall ensure that any ag ent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law. As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach. q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.

PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS ASSOCIATE Except as otherwise limited in this Schedule, Business Associate may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, County as specified in the Agreement; provided that such use or disclosure would not violate the Privacy Rule if done by County.

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OBLIGATIONS OF COUNTY
a. County shall provide Business Associate with the notice of privacy practices that County produces in accordance with Section 164.520, as well as any changes to such notice. b. County shall provide Business Associate with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect Business Associate's permitted or required uses and disclosures. c. County shall notify Business Associate of an y restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.

PERMISSIBLE REQUESTS BY COUNTY
County shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if so requested by County, unless the Business Associate will use or disclose Protected Health Information for, and if the Agreement provides for, data aggregation or management and administrative activities of Business Associate.

DUTIES UPON TERMINATION OF AGREEMENT
a. Upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from County, or created, maintained, or received by Business Associate on behalf of County, that Business Associate still maintains in any form. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. b. In the event that Business Associate determin es that returning or destroying Protected Health Information is infeasible, Business Associate shall provide to County notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Parties that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of the Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protection Health Information.

MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required.
b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191.

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c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement. d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.

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ATTACHMENT I
Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, as Amended

The undersigned (hereinafter called "Contractor(s) ") hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended, all requirements imposed by the applicable DHHS regulation, and all guidelines and interpretations issued pursuant thereto.

The Contractor(s) gives/give this assurance in consideration of for the purpose of obtaining contracts after the date of this assurance. The Contractor(s) recognizes/recognize and agrees/agree that contracts will be extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the Contractor(s), its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Contractor(s).

The Contractor(s): (Check a or b)
ڧa. Employs fewer than 15 persons.
ڧb. Employs 15 or more persons and, pursuant to section 84.7 (a) of the regulation (45 C.F.R.

84.7 (a), has designated the following person(s) to coordinate its efforts to comply with the DHHS regulation.

Name of 504 Person:

Name of Contractor(s):

Street Address or P.O. Box:

City, State, Zip Code:

I certify that the above information is complete and correct to the best of my knowledge Signature:

Title of Authorized Official:

Date:

*Exception: DHHS regulations state that: "If a recipien t with fewer than 15 employees finds that, after consultation with a disabled person seeking its services, there is no method of complying with (the facility accessibility regulations) other than making a significant alte ration in its existing facilities, the recipient may, as an alternative, refer the handicapped person to other providers of those services that are accessible."

Issued by County of San Mateo Contract Compliance Committee August 5, 2013 

 
 









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RESOLUTION NO. 

BOARD OF SUPERVISORS, ACTING AS THE GOVERNING BOARD OF THE AREA

AGENCY ON AGING FOR THE COUNTY OF SAN MATEO

COUNTY OF SAN MATEO, STATE OF CALIFORNIA
******

RESOLUTION A) AUTHORIZING THE CHIEF OF SAN MATEO COUNTY HEALTH OR THE CHIEF’S DESIGNEE TO ENTER INTO FUNDING AGREEMENT(S) WITH THE

CALIFORNIA DEPARTMENT OF AGING TO ACCEPT OLDER AMERICANS ACT

FUNDS FOR PROGRAMS AND SERVICES UNDER TITLE III, TITLE VII,

OMBUDSMAN, AND HEALTH INSURANCE COUNSELING AND ADVOCACY PROGRAM; AND B) AUTHORIZING THE CHIEF OF SAN MATEO COUNTY HEALTH OR THE CHIEF’S DESIGNEE TO EXECUTE OLDER AMERICANS ACT COMMUNITY PROVIDER AGREEMENTS, FOR THE TERM OF APRIL 1, 2024 THROUGH JUNE 30, 2025, IN AN AMOUNT NOT TO EXCEED $6,016,915
RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California acting as the Governing Board of the Area Agency on Aging for the County of San Mateo, that
WHEREAS, this Board has designated the County’s Aging and Adult Services (AAS) division as the Area Agency on Aging of San Mateo County to provide services pursuant to the Older Americans Act (OAA); and
WHEREAS, the California Department of Aging (CDA) will present to the County for its consideration and acceptance the following funded program agreements (specific agreement numbers listed after the program name) in reference of MOU # AAA-2425- 08: OAA Title III, Title VII, Ombudsman (AP-2425-08), Health Insurance Counseling and Advocacy Program (HI-2425-08), and AAS will work with community contractors to provide these programs during or for the term of April 1, 2024 through June 30, 2025; and
WHEREAS, in February 2022, AAS conducted a Request for Proposals for the provision of OAA services to older adults and adults with disabilities for the term July 1, 2022, through June 30, 2026, and 21 providers were selected. 

 
 










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NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the

Chief of San Mateo County Health or the Chief’s designee is authorized and directed to execute said funding agreement(s) with CDA for and on behalf of the County of San Mateo.

BE IT FURTHER RESOLVED that the Chief of San Mateo County Health or the Chief’s designee is authorized and directed to sign the MOU issued by CDA, prepare and execute FY 2024-25 OAA provider agreements to qualified providers as described in the transmitted memorandum accompanying this resolution in a total amount not to exceed $6,016,915 during or for the term of April 1, 2024 through June 30, 2025, as well as to accept and disburse OAA funds.

BE IT FURTHER RESOLVED that the Chief of San Mateo County Health or the Chief’s designee is authorized to sign future MOU amendments with CDA, execute amendments to individual provider agreements modifying the County’s maximum fiscal obligation, and/or modifying the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions, including future one-time-only funds or additional funds, received and allocated for the contract period.
* * * * *


 
 










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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ryan Johansen, Chief of Police
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with Versaterm Public Safety US, Inc for SPIDR Automated SMS Messaging Services
BACKGROUND:

The Police Department uses a third-party SMS messaging company to send surveys, case updates, and other automated messages to community members. The expiration of the existing service contract presented an opportunity to find a new vendor who can handle the greater complexity of interfacing with the department’s CAD/RMS system.

DISCUSSION:

The number one complaint of surveyed community members is that after filing a police report, especially for a relatively minor crime, they receive little follow-up communication and often don’t know if any progress has been made on their case. In reality, in even minor cases, Police Department staff undertake a number of steps aimed at resolution, of which the victim is often unaware. In many cases, victims of minor crimes such as basic theft do not even know that the Department has identified and arrested those responsible.

The nature of patrol work is that officers are quite busy everyday with the policing requirements that day brings. As such, there is little time for follow-up with minor crime victims from prior shifts. However, the CAD/RMS system updates with each step in an investigation. An automated SMS messaging system can interface with CAD/RMS and send scripted messages to update victims on the progress of these cases without requiring the patrol officer to do so.

Such a system can also send out highly customized satisfaction surveys and other communications with virtually endless possibilities.

The Police Department has been using a third-party service to send automated SMS messages to community members for a few years now. The messages sent were mostly satisfaction surveys and major case updates, but more advanced systems are capable of much more. Staff embarked on a strategic evaluation process to identify a vendor that could enable far more communications to be sent out automatically based upon status updates that occur in the Department’s CAD/RMS system.
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Item 6h.

Honorable Mayor and Members of the City Council
November 12, 2024

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