Agenda packet, regular meeting — San Mateo City Council, July 28, 2025 (part 3 of 4)

federal and state income tax withholding, Social Security taxes, and unemployment insurance applicable to such personnel as employees of San Mateo. San Mateo shall bear sole responsibility for any health and welfare, disability or other employee benefits, if any, to which such temporary staffing workers may be entitled. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer or employee between Alameda and San Mateo or any employee or agent of San Mateo.

7. Confidential Information. Alameda agrees to treat all Confidential Information as confidential information of San Mateo, both during and after the term of this Agreement. "Confidential Information" means all information and material to which Alameda has access in connection with Services provided hereunder including, but not limited to, (a) all deliverables, (b) all software, documentation, financial, marketing and customer data and other business information, and (c) any other material or information that is either marked as confidential or is disclosed under circumstances that one would reasonably expect it to be confidential. Alameda, on its own behalf and on behalf of its management, officers, employees and agents, agrees to use the Confidential Information received under this Agreement solely for the purposes of receiving the benefit of the Services under this Agreement. Alameda will not duplicate any Confidential Information except at the specific request of San Mateo for purposes of the Services. Alameda will not disclose or make Confidential Information available to any third party, except as specifically authorized by San Mateo in writing. All Confidential Information furnished to Alameda shall remain solely the property of San Mateo.

Nothing herein shall restrict either party from disclosing any portion of such Confidential Information pursuant to a judicial order, other lawful Government order, or other legal obligation, but only to the extent required by such order or legal obligation.

8. Termination for Convenience. Alameda or San Mateo may terminate this Agreement upon mutual agreement. In addition, either party may, by written notice, immediately terminate this Agreement in whole or in part if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof.

9. Modification. This Agreement may not be modified, except in writing by Alameda and San Mateo.

10. Nonwaiver of Rights. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other party that is in violation of the terms of this Agreement shall not be construed as a waiver thereof, or as waiver of any future breach or subsequent wrongful conduct.

11. Severability. If any provision hereof is deemed to be invalid or unenforceable under applicable law, this Agreement shall be considered divisible as to such provision and the same shall thereafter be inoperative, provided however, the remaining provisions of this Agreement shall be valid and binding.

12. Counterparts. This Agreement may be executed by facsimile signature and in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement.

13. Precedence. Where there is any conflict or inconsistency with the 425 of 983
Recruit Training Officer Agreement 07/03/2025

Page 3 of 3 ends

express terms in this Agreement and any other documents, the terms of this Agreement shall supersede such terms of the other documents.

14. Force Majeure Neither party will be in default of the terms hereof if such action is due to a natural calamity, acts of governments, wars, riots, strikes, or other causes beyond the reasonable control of the nonperforming or delayed party, to the extent such party could not have reasonably prevented such action (a "Force Majeure" event) provided that such party provides prompt written notice of such Force Majeure event and resumes its performance as soon as possible.

15. Governing Law. This Agreement shall be governed by, subject to, and construed in accordance with the internal laws of the State of California, excluding the conflict of law rules. The parties hereby agree that any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the state or federal courts located in County of Alameda, California.

16. Indemnification. To the fullest extent permitted by law, the parties agree to save, indemnify, defend, and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, and regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, attorney fees, court costs, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the other. Following a determination of the percentage of fault and or liability by agreement between the Parties or a court of competent jurisdiction, the Party responsible for liability to the other will indemnify the other Party to this Agreement for the percentage of liability determined.

IN WITNESS WHEREOF, the parties have executed this Agreement by persons duly authorized as of the Effective Date.

County of Alameda
By: ____________________________
Name: David Haubert
Title: President of Board of Supervisors
Address: 1221 Oak Street, Suite 536
Oakland, CA 94612
Telephone: 510-272-6694
San Mateo Police Department
By: ____________________________
Name: Ed Barberini
Title: Chief of Police
Address: 200 Franklin Parkway
San Mateo, Ca. 94403
Telephone: 650-522-7700
Print Name:______________________ Clay Christianson
Deputy County Counsel
Approved as to Form
DONNA R. ZIEGLER, County Counsel
By: _____________________________
426 of 983
Recruit Training Officer Agreement 07/03/2025

EXHIBIT A

INSURANCE REQUIREMENTS
427 of 983

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 22 Section Name: CONSENT CALENDAR Account Number: 26-3125 File ID: 25-10094 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: July 28, 2025
SUBJECT:

Building Inspector, Development Review Technician, and Housing Specialist Series; and Salary Schedule: Senior Housing Specialist – Job Specification Updates
RECOMMENDATION:

Adopt a Resolution to approve updates to the job specifications for three series: 1) Building Inspector I-II-Senior, 2) Development Review Technician I-II-Senior, and 3) Housing Specialist I-II-Senior; and to approve the salary schedule for the classification of Senior Housing Specialist.

BACKGROUND:

Currently, the Community Development Department has two different job specifications for the classifications of Building Inspector (I/II and Senior) and Development Review Technician (I/II and Senior). For the Housing Specialist position, it has I/II classifications, but not a Senior level classification. There is a need to revise the job specifications for the Building Inspector and Development Review Technician to consolidate the three different classifications into one job specification.

For the Housing Specialist position, a Senior level classification would be added to the series. The Human Resources Department recommends setting the monthly salary range for the Senior Housing Specialist at $10,037.85 -$11,965.55 (10% above the Housing Specialist II).

These changes are being proposed to: 1) update the duties, distinguishing features, and qualifications, and 2) add the senior-level to the series to create a flexibility staffed classification. Making these changes will increase flexibility and employee development/potential, and create internal promotional opportunities for current City employees.

BUDGET IMPACT:

There is no fiscal impact as there is sufficient funding within the current budget to support these classifications.

ENVIRONMENTAL DETERMINATION:

The job specification updates are not subject to CEQA because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A- Job Specification: Building Inspector Series Exhibit B- Job Specification: Development Review Technician Series 428 of 983

CITY OF SAN MATEO
Exhibit C- Job Specification: Housing Specialist Series Exhibit D- Salary Schedule: Senior Housing Specialist (Item #5486) Att 2 – Job Specification with Tracked Changes: Building Inspector Series Job Specification with Tracked Changes: Development Review Technician Series Job Specification with Tracked Changes: Housing Specialist Series

STAFF CONTACT
Aracelia Esparza, Director of Human Resources
[email protected]
429 of 983

CITY OF SAN MATEO
RESOLUTION NO. __ (2025)

JOB SPECIFICATION UPDATES

COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to Community Development Department’s request to revise the job specifications for three classification series: 1) Building Inspector I-IISenior, 2) Development Review Technician I-II-Senior, and 3) Housing Specialist I-II-Senior to accurately reflect the duties and requirements of the classification, and add the senior-level to the series to create a flexibility staffed classification; and
WHEREAS, the job specifications for the three classifications series: 1) Building Inspector I-II-Senior, 2) Development Review Technician I-II-Senior, and 3) Housing Specialist I-II-Senior are attached hereto as Exhibits A, B, and C, and incorporated by reference; the proposed salary range for the classification of Senior Housing Specialist is attached here to as Exhibit D; and
WHEREAS, the employee association representing the impacted classifications has been informed of the job specifications’ updates and has not brought forth any objections or concerns.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The revisions to the job specifications for the classification series of Building Inspector I-II-Senior, Development Review Technician I-II-Senior, and Housing Specialist I-II-Senior are not subject to CEQA because it can be seen with certainty that they will not cause a physical change in the environment.

2. The revised job specifications for the classification series: 1) Building Inspector I-II-Senior, 2) Development Review Technician I-II-Senior, and 3) Housing Specialist I-II-Senior are approved and attached as Exhibits A, B, and C.

3. The salary schedule for the classification of Senior Housing Specialist is approved and attached hereto as Exhibit D.
430 of 983
Exhibit A

BUILDING INSPECTOR I/II/SENIOR

DEFINITION
Under close supervision for the Building Inspector I and under general supervision for the Building Inspector II and Senior Building Inspector, performs inspections of routine and complex structure and building systems at various stages of construction, alteration and repair; investigates and secures compliance with housing, zoning, environmental and general land use standards; assists in the review of building plans and specifications; and performs other related work as required.

DISTINGUISHING CHARACTERISTICS
Building Inspector I - This is the entry level in the Building Inspector series that allows the employee to develop journey-level knowledge and skills. This class is distinguished from the Building Inspector II by the performance of the more routine and standardized tasks and duties assigned to positions within the series. Assignments are performed within the procedural framework established by higher level employees. Since this class is typically used as a training class, employees may have limited or no related work experience. Employees are expected to demonstrate proficiency and advance to the Building Inspector II classification.

Building Inspector II - This is the journey level class within the series. Employees within this class are distinguished from Building Inspector I by the performance of the full range of duties as assigned including moderately difficult combination inspections of a variety of residential, commercial and industrial buildings; and the most complex inspections of commercial and industrial buildings within one inspection discipline such as building, electrical, or plumbing and mechanical. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. Positions in this class are flexibly staffed and are normally filled by advancement from the lower class of Building Inspector I, or, when filled from the outside, require prior building inspection work experience.

Senior Building Inspector - This is the advanced journey level class in the Building Inspection series.

Positions at this level are distinguished from other classes within the series by the level of responsibility assumed and the complexity of duties assigned. Assignments also involve performing combination inspections including more complex or sensitive inspections and performing periodic review of complex plans. The incumbent is expected to have a high degree of technical expertise and to exercise considerable independence and discretion on assignments. The Senior Building Inspector serves as a lead worker to employees in the Building Inspector I and Building Inspector II classifications.

The Senior Building Inspector is a flexibly staffed classification, and positions are generally filled by advancement from the journey level class of Building Inspector II through a competitive process, or, when filled 431 of 983
from the outside, require prior and advance building inspection work experience and possession of the required ICC Certifications or equivalent.

SUPERVISION RECEIVED AND EXERCISED
Building Inspector I - Receives immediate supervision from the Inspection Supervisor or higher-level department personnel.

Building Inspector II - Receives general supervision from the Inspection Supervisor, or higher-level department personnel. May provide training and guidance to Building Inspector I.

Senior Building Inspector - Receives general direction from the Inspection Supervisor or higher-level department personnel. Acts as a lead worker for Building Inspector I/II and over lower-level professional and support staff.

EXAMPLES OF DUTIES - Depending on assignment, duties may include, but are not limited to, the following:

Building Inspector I/II
Conduct combination field inspections of industrial, commercial, and residential buildings during various stages of construction and remodeling; ensure proper and safe installations of routine and complex building systems; ensure building progress conforms to all applicable California Building Standards (Title 24, California Code of Regulations), City adopted codes and ordinances, and pertinent provisions of Federal, State and County health and environmental ordinances.

Respond to emergencies when called upon by supervisor, or emergency dispatchers, to assist as technical expert in evaluation of safety.

Issue permits for work to be performed.

Review plans and specifications.

Assist in the plan checking of residential and commercial projects.

Participate in Fire Department and County Health Department inspections as required in one or more inspection disciplines such as electrical, plumbing, or mechanical.

Coordinate inspection activities with other City departments to ensure compliance with conditions attached to projects by the Development Review Board, the Planning Commission or the City Council.

Conduct inspections with the Code Enforcement officers to verify complaints and/or conditions violating building and zoning codes; conduct follow up- inspections to check and verify that conditions are completed.

Conduct inspections, prepare reports and serve as needed to assist the City Attorney in legal actions initiated by the Building Division.
432 of 983
Respond to and resolve citizen inquiries and complaints regarding the City's building inspection function.

Advise property owners, contractors, and others on matters relevant to construction and repair methods and materials; interprets codes and regulations and explains inspection programs; investigates and resolves complaints and problems.

Retrieve, investigate and analyze building, assessor's parcels, files and other computerized records from computer database as required.

Perform other duties to ensure the smooth operation of the office including answering the phones, scheduling inspections, and compiling and filing building plans and other related construction documents.

Confer with architects, contractors, builders and the general public in the field and office; explain and interpret requirements and restrictions; review reports from special inspection agencies, engineers, and architects relating to specific projects.

Maintain accurate and detailed records and prepare reports.

Plan, organize, control, integrate and evaluate the operations in the subject area under his/her purview.

Develop and implement goals and objectives, develop and implement policies.

Monitor compliance, including after violations.

Review work to ensure accuracy and completeness.

Provide public assistance and information over the counter.

Conduct review of complex technical documents for conformance with accuracy, industry standards, codes, ordinances, and regulations.

Prepare reports, warning letters, citations, calculations, analysis, grants, diagrams, or technical materials for City, City Committees, public vendor, state and federal filings, and advisory reports.

Participate in the development of policies and procedures and make recommendations on programs and projects.

Keep informed and continuous training of applicable building codes and of industry trends and developments.

Ensure technical certification such as ICC certifications are obtained and remain current.

Ensure duties are conducted in a safe, efficient manner, including securing the work environment.

Interpret city codes, policies, and ordinances.

Proficient in using computer software and specialized equipment relevant to job duties. 433 of 983
Maintain City equipment and City vehicle as assigned.

Perform other duties as assigned.

Senior Building Inspector
In addition to the duties listed above, duties may include the following:

Assist in development and administration of the budget, goals, metrics, and work programs for the building inspection work group, including providing backup leadership and direction when the Inspection Supervisor is out of the office.

Assist in the resolution of building division issues such as applicant/contractor disputes, code disputes and citizen complaints.

Collaborate and coordinate at a higher level with other divisions, departments, outside agencies and/or residents.

Review and make recommendations on policy and procedure updates in response to code and policy changes.

Develop and execute special projects.

May provide training to and review the work of lower-level building inspectors I/II and/or professional staff.

May complete daily inspection scheduling and routing.

QUALIFICATIONS
Building Inspector I
Knowledge of
Methods of building construction.

Accepted Safety standards.

Research methods and sources of information related to building code enforcement.

Building related codes and ordinances enforceable by the City, including the California Building Codes, zoning ordinances, and other environmental codes and energy regulations.

Ability to
Learn to perform inspections in a variety of specialty trade areas and to perform competent and efficient work as a combination Building Inspector.

Learn to enforce a variety of zoning, general land use and related City codes. 434 of 983
Communicate clearly and concisely, both orally and in writing.

Read and interpret building plans, specifications, and building codes.

Advise on standard construction methods and requirements.

Make arithmetical computations rapidly and accurately.

Establish and maintain cooperative working relations with those contacted in the course of work.

Enforce necessary regulations with firmness and tact.

Proficient in utilizing computer systems and related software to execute job-related tasks.

Experience and Education
Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

At least three years of experience in the building construction field as a journey level plumber, electrician, carpenter or related craftsperson.

Education:

Equivalent to completion of the twelfth grade.

License or Certificates:

Possession of an appropriate, valid California driver's license.

Possession of, or ability to obtain, within one year, certification as a Building Inspector issued by the ICC (International Code Council) or other equivalent state, national, or international association.

Building Inspector II
In addition to the qualifications for Building Inspector I:

Knowledge of
Principles and techniques of building inspection work.

Ability to
Apply technical knowledge and follow proper inspection techniques to examine workmanship and materials, and detect deviations from plans, regulations, and standard construction practices.

Apply City Codes and policies regarding zoning, environmental matters and other regulations to field situations.

Assimilate and understand information in a manner consistent with the essential job functions. (i.e., permitting and inspection workflow processes.)
Work independently without supervision.
435 of 983
Experience and Education
Any combination of experience and education that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

At least two years of experience performing duties equivalent to that of a Building Inspector I.

Education:

Equivalent to completion of the twelfth grade.

License or Certificates:

Possession of an appropriate, valid California drivers' license.

Possession of certification as a Building Inspector issued by the ICC (International Code Council) or other equivalent state, national, or international association.

Senior Building Inspector
In addition to the qualifications for Building Inspector I/II:

Knowledge of
Principles and practices of technical and functional supervision, including work planning and instruction.

Appropriate fire, life, and safety prevention methods in construction.

Advanced knowledge of computer applications related to permitting and inspection load balancing and scheduling.

Advanced knowledge of Building, Planning, and Code Enforcement workflow process.

Ability to
Provide technical and functional supervision to assigned staff, and effectively train less experienced staff.

Perform the most complex duties related to building inspection.

Provide expert technical building inspection assistance.

Create agendas and facilitate large project pre-construction meetings.

Research issues relevant to assigned area of responsibility, evaluate alternatives, make reasoned recommendations, and prepare and present effective reports.

Review plans and specifications for building related construction and determine practicability of plans, compliance with regulations and validity of permits.

Perform thorough and accurate inspections, alteration or repair of buildings, construction and 436 of 983
enforce a wide range of building, zoning and related codes and regulations.

Experience:

At least two years of journey-level building inspection experience equivalent to that of a Building Inspector II.

Prior lead worker experience is highly desirable.

Education:

Equivalent to completion of the twelfth grade.

Equivalent to the completion of an Associate’s degree from an accredited college with major courses work in planning, architecture, construction technology or a related field is desirable Licenses and Certificates:

Possession of an appropriate, valid California driver's license Possession of ICC Commercial Building Inspector B2 and certification as a Combination Residential or Combination Building Inspector issued by the ICC (International Code Council) or other equivalent state, national, or international association.

Special Requirement
Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb, and lift up to 50 pounds occasionally and up to 75 pounds rarely; exposure to extreme noise, outdoors, confining work space, electrical hazards, vibration, chemicals, dust, toxic waste, mechanical hazards, and explosive materials.

ADOPTED CC: 4-12-81
REVISED CC: 9-07-88, 5-20-02, 6-21-04, 5-3-21, 7-28-25
FORMER TITLES:

BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
DOT: NO
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES
JOB CODES: BUILDING INSPECTOR I – 5031, BUILDING INSPECTOR II – 5030, BUILDING INSPECTOR II (K RATE) – 5030K, SENIOR BUILDING INSPECTOR– 5032 437 of 983

DEVELOPMENT REVIEW TECHNICIAN I/II/SENIOR

DEFINITION
Under close supervision for the Development Review Technician I, and under general supervision for the Development Review Technician II and Senior Development Review Technician, performs a wide variety of technical, paraprofessional support, and customer service duties related to building permits and development or planning applications; serves the public at the Community Development Department Permit Center; and preforms other related work as required.

DISTINGUISHING CHARACTERISTICS
Development Review Technician I - This is the entry level class in the Development Review Technician series that allows the employee to develop journey-level knowledge and skills. Positions in this class typically have little or no directly related work experience. The Development Review Technician I class is distinguished from the II level by the performance of less than the full range of duties assigned to the II level. Incumbents work under immediate supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned. Employees are expected to demonstrate proficiency and advance to the Development Review Technician II classification.

Development Review Technician II - This is the journey level class in the Development Review Technician series and is distinguished from the I level by the assignment of the full range of duties.

Employees at this level receive occasional instruction or assistance as new, unusual or unique situations arise and are fully aware of the operating procedures and policies within the work unit. They may assist with training of employees in the Development Review Technician I classifications and perform more difficult and complex duties .

Senior Development Review Technician – This is the advanced journey level in the Development Review Technician series. Positions at this level are distinguished from other classes within the series by the level of responsibility assumed, complexity of duties assigned, independence of action taken, by the amount of time spent performing the duties, and by the nature of the public contact made.

Employees perform the most difficult and complex duties and serve as a lead worker to employees in the Development Review Technician I and Development Review Technician II classifications. Employees at this level are required to be fully trained in all procedures related to assigned areas of responsibility.

The Senior Development Review Technician is a flexibly staffed classification, and positions are generally filled by advancement from the journey level class of Development Review Technician II through a competitive process, or, when filled from the outside, require prior and advance development review or permit technician work experience.

Exhibit B
438 of 983

SUPERVISION RECEIVED AND EXERCISED
Development Review Technician I - Receives immediate supervision from the Permit Center Supervisor or higher-level department personnel and may receive training and guidance from a Development Review Technician II or Senior Development Review Technician .

Development Review Technician II - Receives general supervision from the Permit Center Supervisor or higher-level department personnel and may receive technical and functional lead direction from a Senior Development Review Technician. May provide training and guidance to Development Review Technician I.

Senior Development Review Technician - Receives direction from the Permit Center Supervisor or higher-level department personnel. Serves as a lead worker over Development Review Technicians I/II.

EXAMPLES OF ESSENTIAL DUTIES – Depending on assignment, duties may include, but are not limited to, the following:

Development Review Technician I/II
Assist the public at the Permit Center, provide customer service in person, by phone or by email regarding building and development review submittal/application permit requirements, including but not limited to applicable fees, plan review, permitting, inspection processes and project status.

Screen and review building permit and development review applications for completeness; enter permit data into permitting software database; route plans and specifications to all applicable City departments and/or outside agencies for review, track plan review process Compile building permit and related data as directed, prepare various reports.

Review and issue permits for minor applications for conformance with ordinances, applicable state law and department's standards, policies, and guidelines.

Calculate various fees, prepare fee estimates and apply fees to permits or other development review billings.

Approve and issue over-the-counter permits.

Build and maintain positive working relationships with co-workers, other City employees and the public using practical principles of good customer service.

Foster an environment that embraces diversity, integrity, trust, and respect.

Be an integral team player, which involves flexibility, cooperation, and communication.

Perform related duties as assigned.
439 of 983
Senior Development Review Technician
In addition to the duties listed above, duties may include the following:

Plan, prioritize, and review the work of staff assigned to a variety of development review support duties.

Assist the general public with questions regarding building and development review/permit requirements.

Accept building permit and development review applications, act as lead on complicated plan check input and questions.

Participate in evaluating the activities of staff, recommending improvements and modifications.

Coordinate and prepare counter coverage and daily/weekly task rotation schedules.

Provide and coordinate staff training; work with employees to correct deficiencies.

Compile building related data as directed; prepare various reports.

QUALIFICATIONS
Development Review Technician I
Knowledge of
Concepts and techniques of customer service.

Correct English usage, spelling, grammar, and punctuation.

Public counter customer service methods, procedures, computer equipment, and computer software applicable to assignment.

Basic arithmetic calculations.

Ability to
Learn and apply front counter and permitting policies, concepts, and techniques.

On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports, and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures.

On a continuous basis, sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 25 pounds or less (including blueprints).

Maintain, update, and ensure the accuracy of fiscal and customer records and data. 440 of 983
Make mathematical calculations.

Use sound judgment in recognizing scope of authority.

Operate and use office equipment including computers and applicable software.

Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities.

Utilize appropriate safety procedures and practices for assigned duties.

Establish and maintain effective working relationships with those contacted in the course of work.

Work with various cultural and ethnic groups in a tactful and effective manner.

Communicate clearly and concisely, both orally and in writing.

Experience and Education
Any combination of experience and education that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

At least one year of responsible office or clerical experience involving customer service is desirable.

Education:

Equivalent to the completion of the twelfth grade supplemented by college course work in planning, architecture, construction technology or a related field.

Development Review Technician II
In addition to the qualifications for the Development Review Technician I:

Knowledge of
Operations, procedures, policies and precedents of the City and the development review process Principles, methods, and practices of plan checking.

Principles and techniques of work planning and coordination.

Basic knowledge of building codes and permitting
Ability to
Balance multiple and complex work assignments and manage time wisely.

Understand and apply customer service concepts and techniques, internally and externally. 441 of 983
Coordinate and collaborate internally with various divisions and departments on the development review process.

Experience:

At least two years of responsible experience similar to Development Review Technician I.

Education:

Equivalent to the completion of the twelfth grade supplemented by college course work in planning, architecture, construction technology or a related field.

Licenses and Certificates:

Possession of an International Code Council Permit Technician Certificate is desirable.

Senior Development Review Technician
In addition to the qualifications for the Development Review Technician II:

Knowledge of
Principles and practices of technical and functional leadership.

Principles and techniques of plan checking.

Policies and procedures of fee assessment and collection.

Principles and practices of customer service.

Permit Center customer service methods, procedures, computer equipment, and computer software applicable to assignment.

English usage, spelling, grammar and punctuation.

Ability to
Provide technical and functional leadership and effectively train staff.

Perform the most complex duties related to building permit issuance, development review applications and plan checking.

Understand, interpret and explain department policies and procedures.

Observe, identify and problem solve office operations and issues for the public.

Use sound judgment in recognizing scope of authority.

Operate and use modern office equipment including computers and applicable software. 442 of 983
Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities and act as a backup for lower-level staff as assigned.

Utilize appropriate safety procedures and practices for assigned duties.

Communicate effectively orally and in writing.

Relate effectively with people of varied academic, cultural, and socio-economic backgrounds using tact, diplomacy, and courtesy.

Establish and maintain effective, cooperative and collaborative working relationships with others.

Experience:

At least two years of responsible journey level experience equivalent to Development Review Technician II or permit technician positions in other jurisdictions.

Education:

Equivalent to the completion of an Associate’s degree from an accredited college with major courses work in planning, architecture, construction technology or a related field.

Licenses and Certificates:

Possession of an International Code Council Permit Technician Certificate is highly desirable and required within 12 months of employment.

Special Requirement
Essential duties require the following physical abilities and work environment.

Typically, work is conducted in an office environment. Ability to sit, stand, walk, kneel, stoop, reach, twist, and climb, lift and carry up to 25 pounds; some exposure to noise, outdoors, electrical hazards, dust, and mechanical hazards.

ADOPTED CC: 8-07-94, 6-3-19
REVISED CC: 5-20-02, 6-21-04, 7-28-25
FORMER TITLES: DEVELOPMENT REVIEW TECHNICIAN
BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: WHITE COLLAR TECHNICAL
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES
JOB CODES: DEVELOPMENT REVIEW TECHNICIAN I 5176
DEVELOPMENT REVIEW TECHNICIAN II 5174
SENIOR DEVELOPMENT REVIEW TECHNICIAN III 5177
443 of 983

HOUSING SPECIALIST I/II/SENIOR

DEFINITION
Under close supervision for the Housing Specialist I, and under general supervision for the Housing Specialist II and Senior Housing Specialist, performs a wide variety of professional and technical duties related to implementing housing projects and programs; administers loans and grants; assists in the development of policies and programs related to housing and neighborhood services; and performs other related work as required.

DISTINGUISHING CHARACTERISTICS
Housing Specialist I – This is the entry level class in the Housing Specialist series that allows the employee to develop journey-level knowledge and skills. Positions in this class typically have some housing related experience and perform a range of duties related to housing program implementation, grant and loan administration, and other housing and neighborhood service policy related work under close supervision. Employees are expected to demonstrate proficiency and advance to the Housing Specialist II classification.

Housing Specialist II – This is the journey level class series in the Housing Specialist series and is distinguished from the I level by the assignment of the full range of duties. Employees at this level independently perform a variety of duties related to housing program implementation, grant and loan administration, and other housing and neighborhood service policy related work. They may assist with training of employees in the Housing Specialist I classifications and perform more difficult and complex duties
Senior Housing Specialist – This is the advanced journey level in the Housing Specialist series.

Positions at this level are distinguished from other classes within the series by the level of responsibility assumed, complexity of duties assigned, independence of action taken, and by the amount of time spent performing the duties. Employees perform the most difficult and complex duties and may serve as a lead worker to employees in the Housing Specialist I and II classifications. Employees at this level are required to be fully trained in all procedures related to assigned areas of responsibility.

The Senior Housing Specialist is a flexibly staffed classification, and positions are generally filled by advancement from the journey level class of Housing Specialist II through a competitive process, or, when filled from the outside, require prior and advanced housing related experience.

SUPERVISION RECEIVED AND EXERCISED
Housing Specialist I - Receives immediate supervision from the Housing Manager or higher-level department personnel and may receive training and guidance from a Housing Specialist II or Senior Housing Specialist.

Housing Specialist II - Receives general supervision from the Housing Manager or higher-level Exhibit C
444 of 983
department personnel and may receive technical and functional lead direction from the Senior Housing Specialist. May provide training and guidance to the Housing Specialist I.

Senior Housing Specialist - Receives general supervision from the Housing Manager or higher-level department personnel. May serve as a lead worker over Housing Specialists I/II.

EXAMPLES OF DUTIES - Depending on assignment, duties may include, but are not limited to, the following:

Housing Specialist I/II
Review, analyze, evaluate and recommend adoption of federal, state and local programs to meet City housing needs; structure and modify programs to meet specific City circumstances.

Project management support for City-sponsored affordable housing projects related to site acquisition, financing, contract administration, entitlement and construction.

Coordinate the preparation of the Community Development Block Grant (CDBG) Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance Evaluation Report (CAPER).

Oversees; and ensure compliance with federal CDBG budgeting, recordkeeping, reporting and auditing requirements.

Serve as staff to the Community Relations Commission.

Administer and implement Housing Element policies and programs.

Administer the City's Below Market Rate (BMR) Program, First-time Homebuyers Program and various housing improvement programs.

Provide project administration assistance to subgrantee agencies funded through federal agencies.

Assist in the coordination of special housing projects.

Negotiate and monitor contracts with private and non-profit developers, contractors and homeowners for the construction and rehabilitation of housing.

Maintain accurate records and files of assigned projects and cases; monitor funds expended; prepare a variety of periodic and special reports related to grant, loan and City-sponsored programs.

Senior Housing Specialist
In addition to the duties listed above, duties may include the following:

Assist in preparation and monitoring of the Division’s budget.

Serve as a liaison with county, regional, state and federal agencies and private industry in the development and coordination of housing programs and projects. 445 of 983
Act as project manager for City-sponsored affordable housing projects, carrying such projects from site acquisition through financing, contract administration, dispute mediation and completion.

Assist with the acquisition and disposal of real property; assist in the administration of the resale program for City-sponsored affordable housing.

May serve as a lead worker over Housing Specialists I/II.

QUALIFICATIONS
Housing Specialist I
Knowledge of
Analytical and report preparation methods and techniques.

Techniques for effectively dealing with people from various socio-economic, ethnic and age groups.

Standard office practices and procedures, including the use of standard office equipment, technology and software.

Basic housing, real property development and real estate financing concepts, laws and techniques.

Basic construction terminology and concepts, including the interpretation of plans and specifications.

Ability to
Analyze, interpret, apply and explain various laws, rules, codes and regulations related to housing, economic and/or redevelopment, including grant and loan administration.

Research and analyze technical and statistical data, evaluate alternatives and make sound recommendations.

Quickly learn the laws, rules, regulations and procedures related to the work.

Prepare clear, concise, and accurate correspondence, reports and other written materials.

Maintain accurate records and files.

Coordinate multiple projects and meet critical deadlines.

Represent the City effectively in meetings with others. 446 of 983
Establish and maintain effective working relationships with those contacted in the course of the work.

Experience:

At least one year of administrative support experience, preferably in a setting which provides a knowledge of housing concepts and terminology.

Education:

Equivalent to a degree from a four-year college or university with major coursework in public or business administration, finance, economics, planning or closely related field. Work experience in housing related positions may be substituted for the education on a year-for-year basis to a minimum of two years.

Housing Specialist II
In addition to the qualifications for the Housing Specialist I:

Knowledge of
Real property acquisition principles and appraisal techniques.

Federal, state and local laws, codes and regulations related to housing and/or redevelopment projects.

Grant and contract administration principles and techniques.

Principles of building construction and rehabilitation.

Basic budgeting principles and practices.

Basic methods for publicizing and disseminating information regarding housing and other projects.

Ability to
Interpret, apply and explain various laws, codes and regulations related to varied housing and redevelopment programs and projects.

Independently follow through and coordinate multiple projects concurrently.

Prepare and analyze construction bid documents, specifications and contracts.

Analyze financial statements and real property documents. 447 of 983
Experience and Education
Any combination of experience and education that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

At least two years of experience in a housing or related field at a level equivalent to that of Housing Specialist I.

Education:

Senior Housing Specialist
In addition to the qualifications for the Housing Specialist II:

Knowledge of
Real property acquisition principles and appraisal techniques.

Advanced grant and contract administration principles and techniques.

Advanced budgeting principles and practices.

Ability to
Plan and direct the operations of complex programs.

Analyze and apply complex governmental instructions, regulations and legislation.

Lead staff, effectively delegate work, and maintain a positive work environment.

Experience:

At least five years of experience in a housing or related field, with at least two years of experience at a level equivalent to the Housing Specialist II.

Education:

A bachelor’s degree or equivalents from a four-year college or university with major coursework in public or business administration, finance, economics, planning or closely related field.

A master’s degree in public or business administration, finance, economics, planning or a 448 of 983
closely related field from an accredited college or university may substitute for one year of work experience.

Special Requirement
Essential duties require the following physical abilities and work environment:

ADOPTED CC: 4-12-81
REVISED CC: 9-07-88, 12-05-88, 6-15-92, 5-20-02, 12-07-15, 7-28-25 FORMER TITLES:

BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: WHITE COLLAR TECHNICAL
DOT: NO
PRE APPT-MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: HOUSING SPECIALIST I – 5237, HOUSING SPECIALIST II – 5234, SENIOR HOUSING SPECIALIST- 5486
ABOLISHED:
449 of 983
City of San Mateo- Merit Salary Schedule for Adoption by Council on July 28, 2025 Senior Housing Specialist (Item Number # 5486)
Salary Range
Steps Hourly Biweekly Monthly Annual
STEP 1 57.91 4,632.94 10,037.85 120,456.48
STEP 2 60.54 4,843.28 10,493.58 125,925.34
STEP 3 63.25 5,060.17 10,963.49 131,564.41
STEP 4 66.09 5,287.50 11,456.03 137,475.00
STEP 5 69.03 5,522.67 11,965.55 143,589.40
Exhibit D
450 of 983

BUILDING INSPECTOR I/-II/SENIOR

DEFINITION
Under close supervision for the Building Inspector I and under general supervision for the Building Inspector II and Senior Building Inspector, ITo inspectpPerforms inspections of routine and complex structure and building systems at various stages of construction, alteration and repair; to investigates and secures compliance with housing, zoning, environmental and general land use standards; to assists in the review of building plans and specifications; and to doperforms other related work as required.

DISTINGUISHING CHARACTERISTICS
Building Inspector I - This is the entry level in the Building Inspector series that allows the employee to develop journey-level knowledge and skills. This class is distinguished from the Building Inspector II by the performance of the more routine and standardized tasks and duties assigned to positions within the series. Assignments are performed within the procedural framework established by higher level employees. Since this class is typically used as a training class, employees may have only limited or no directly related work experience. Employees are expected to demonstrate proficiency and advance to the Building Inspector II classification.

Senior Building Inspector - This is the advanced journey level class in the Building Inspection series.

The Senior Building Inspector is aare flexibly staffed classification and positions are generally normallyfilled by advancement from the journey level class of Building Inspector II through a competitive process, or, when filled from the outside, require prior and advance building inspection work experience and possession of the required ICC Certifications or equivalent. 451 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 2 of 9 ends

SUPERVISION RECEIVED AND EXERCISED
Building Inspector I -
Receives immediate supervision from the Inspection Supervisor or higher- level department personnel.

Building Inspector II -
Receives general supervision from the Inspection Supervisor, or higher-level department personnel.

May exercise provide technical training and functional supervision overguidance to Building Inspector Is lower- level staff.

Senior Building Inspector - Receives general direction from the Inspection Supervisor or higherlevel department personnel. Acts as a lead worker for Building Inspector Is/, II and . over lowerlevel professional and support staff.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

Building Inspector I/II
Make Conduct combination field inspections of industrial, commercial, and residential buildings during various stages of construction and remodeling; ensure proper and safe installations of routine and complex building systems; ensure building progress conforms to all applicable California Building Standards Code, Plumbing and Electrical Codes,(Title 24, California Code of Regulations), City adopted codes and ordinances, and pertinent provisions of Federal, State and County health and environmental ordinances.

Responds to emergencies when called upon by supervisor, or emergency dispatchers, to assist as technical expert in evaluation of safety.

Issue permits for work to be performed.

Review plans and specifications.

Assist in the plan checking of building plansresidential and commercial projects.

Participate in Fire Department and County Health Department inspections as required in one or 452 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 3 of 9 ends

more inspection disciplines such as electrical, plumbing, or mechanical.

Coordinate inspection activities with other City departments to ensure compliance with conditions attached to projects by the Development Review Board, the Planning Commission or the City Council.

Make field review of plans and specifications.

Conduct inspections, prepare reports and serve as needed to assist the City Attorney in legal actions initiated by the Building Division.

Respond to and resolve citizen inquiries and complaints regarding the City's building inspection function.

Advises property owners, contractors, and others on matters relevant to construction and repair methods and materials; interprets codes and regulations and explains inspection programs; investigates and resolves complaints and problems.

Retrieve, investigate and analyze building, assessor's parcels, files and other computerized records from computer database as required.

Maintain accurate and detailed records and prepare reports.

Plan, organize, control, integrate and evaluate the operations in the subject area under his/her purview. Develop and implement goals and objectives, develop and implement policies.

Monitor compliance, including after violations.

Review work to ensure accuracy and completeness.

Provide public assistance and information over the counter. 453 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 4 of 9 ends

Conduct review of complex technical documents for conformance with accuracy, industry standards, codes, ordinances, and regulations.

Participate in the development of policies and procedures and make recommendations on programs and projects.

Keep informed and continuous training of applicable building codes and of industry trends and developments.

Keep informed of industry trends and developments.

Ensure technical certification such as ICC certifications are obtained and remain current.

Prepare routine documents, such as work orders, correspondence, memos; emails and distributes them.

Train or lead staff members or stakeholders.

Ensure duties are conducted in a safe, efficient manner, including securing the work environment.

Interpret city codes, policies, and ordinances.

Perform outreach and draft outreach materials.

Process transactions and issue permits.

Proficient in using computer software and specialized equipment relevant to job duties.

Utilize computers and specialized equipment.

Maintain City equipment and City vehicle as assigned.

Perform other duties as assigned.

Senior Building Inspector
In addition to the duties listed above, duties may include the following:

Assist in development and administration of the budget, goals, metrics, and work programs for the building inspection work group,. including providing backup leadership and direction when the Inspection Supervisor is out of the office.

Assist in the resolution of building division issues such as applicant/contractor disputes, code disputes and citizen complaints.
454 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 5 of 9 ends

Collaborate and coordinate at a higher level ion with other divisions, departments, outside agencies and/or residents.

Review and make recommendations on policy and procedure updates in response to code and policy changes.

Develop and execute special projects.

May provide training to and review the work of lower-level building inspectors I/II and/or professional staff.

May complete daily inspection scheduling and routing.

QUALIFICATIONS
Building Inspector I
Knowledge of:

Methods of building construction.

Accepted Safety standards.

Research methods and sources of information related to building code enforcement.

Building related codes and ordinances enforceable by the City, including the California Building Codes, zoning ordinances, and other environmental codes and energy regulations.

Ability to:

Learn to perform journey-level inspections in a variety of specialty trade areas and to perform competent and efficient work as a combination Building Inspector.

Learn to enforce a variety of zoning, general land use and related City codes.

Communicate clearly and concisely, both orally and in writing.

Read and interpret building plans, specifications, and building codes.

Advise on standard construction methods and requirements.

Make arithmetical computations rapidly and accurately.
455 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 6 of 9 ends

Establish and maintain cooperative working relations with those contacted in the course of work.

Enforce necessary regulations with firmness and tact.

Proficient in utilizing computer systems and related software to execute job-related tasks.

Experience and Training GuidelinesEducation
Any combination of experience and educationtraining that would likely provide the required knowledge
and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

At least tThree years of experience in the building construction field as a journey level plumber, electrician, carpenter or related craftsperson.

TrainingEducation:

Equivalent to completion of the twelfth grade.

License or Certificates:

Possession of an appropriate, valid California driver's license.

Building Inspector II
In addition to the qualifications for Building Inspector I:

Knowledge of:

Principles and techniques of building inspection work.

Ability to:

Apply technical knowledge and follow proper inspection techniques to examine workmanship and materials, and detect deviations from plans, regulations, and standard 456 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 7 of 9 ends

construction practices.

Apply City Codes and policies regarding zoning, environmental matters and other regulations to field situations.

Assimilate and understand information in a manner consistent with the essential job functions. (i.e., permitting and inspection workflow processes.)
Work independently without supervision.

Experience and Training GuidelinesEducation
Any combination of experience and training education that would likely provide the required knowledge
and abilities is qualifying.

A typical way to obtain the knowledge and abilities would be:

Experience:

At least tTwo years of responsible experience performing duties comparable equivalent to thatose of a Building
Inspector I for the City of San Mateo.

Education:

Equivalent to completion of the twelfth grade.

License or Certificates:

Possession of an appropriate, valid California drivers' license.

Possession of certification as a Building Inspector issued by the ICC (International Code Council) or other equivalent state, national, or international association.

Senior Building Inspector
In addition to the qualifications for Building Inspector I/II:

Knowledge of
Principles and practices of technical and functional supervision, including work planning and instruction.

Appropriate fire, life, and safety prevention methods in construction.

Advanced knowledge of computer applications related to permitting and inspection load 457 of 983
City of San Mateo
Building Inspector I-II/II/Senior

Page 8 of 9 ends

balancing and scheduling.

Advanced knowledge of Building, Planning, and Code Enforcement workflow process.

Ability to
Provide technical and functional supervision to assigned staff, and effectively train less experienced staff.

Perform the most complex duties related to building inspection.

Provide expert technical building inspection assistance.

Create agendas and facilitate large project pre-construction meetings.

Research issues relevant to assigned area of responsibility, evaluate alternatives, make reasoned recommendations, and prepare and present effective reports.

Review plans and specifications for building related construction and determine practicability of plans, compliance with regulations and validity of permits.

Perform thorough and accurate inspections, alteration or repair of buildings, construction and enforce a wide range of building, zoning and related codes and regulations.

Experience and Training GuidelinesEducation
Any combination of experience and trainingeducation that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

At least two years of journey-level building inspection experience equivalent to that of a Building Inspector II.

Prior lead worker experience is highly desirable.

Education:

Equivalent to completion of the twelfth grade.

Page 9 of 9 ends

Possession of an appropriate, valid California drivers' license.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

ADOPTED CC: 4-12-81
REVISED CC: 9-07-88, 5-20-02, 6-21-04, 5-3-21, XXXX
FORMER TITLES:

BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
DOT: NO
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES
JOB CODES: BUILDING INSPECTOR I – 5031, BUILDING INSPECTOR II – 5030, BUILDING INTSPECTOR II (K RATE) – 5030K, SENIOR BUILDING INSPECTOR III – 50XX 459 of 983

DEVELOPMENT REVIEW TECHNICIAN I/II/SENIOR

DEFINITION
Under close supervision for the Development Review Technician I, and under general supervision for the Development Review Technician II and Senior Development Review TechnicianII, To performs a wide variety of technical, paraprofessional support, and customer service duties related to building permits and development or planning applications; . To serves the public at the Community Development Department front counterPermit Center; and preforms other related work as required.

Incumbents work under immediate supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned. Employees are expected to demonstrate proficiency and advance to the Development Review Technician II classification.

Development Review Technician II - This is the journey level class in the Development Review Technician series and is distinguished from the I level by the assignment of the full range of duties.

Employees at this level receive only occasional instruction or assistance as new, unusual or unique situations arise and are fully aware of the operating procedures and policies within the work unit. They Positions in this class are flexibly staffed and are normally can be filled by advancement from the I level.

This class is distinguished from the Senior Development Review Technician I in that the II may assist with staff training of employees in the Development Review Technician I classifications and perform more difficult and complex duties and may provide technical and functional guidance over lower-level classification staff as assigned.

This class is distinguished from the Senior Development Review Technician III in that the latter performs the most difficult and complex duties of the unit and provides technical and functional leadership supervision and guidance over lower-level classification.assigned staff.

Employees perform the most difficult and responsible types ofcomplex duties and serve as a lead 460 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 2 of 8 ends

worker to employees in the Development Review Technician I and Development Review Technician II classifications. assigned to classes within this series, including providing technical and functional supervision (day to day operations) over assigned personnel and performing the most complex duties assigned to the series. Employees at this level are required to be fully trained in all procedures related to assigned areas of responsibility.

SUPERVISION RECEIVED AND EXERCISED
Development Review Technician I - /II
Receives immediate supervision from the Permit Center Supervisor or higher-level department personnel and may receive technical and functional directiontraining and guidance from a Senior Development Review Technician II or Senior Development Review Technician III.

Development Review Technician II -
Receives general supervision from the Permit Center Supervisor or higher-level department personnel and may receive technical and functional lead direction from a Senior Development Review Technician III. May exercise technical and functional direction over provide training and guidance to Development Review Technician I.

Senior Development Review Technician -
Receives directiondirection from the Permit Center Supervisor or higher-level department personnel.

May eExercises technical and functional supervisionServes as a lead worker over Development Review Technicians I/II.

EXAMPLES OF ESSENTIAL DUTIES I/II -– Depending on assignment, duties may include, but are not limited to, the following:

Development Review Technician I/II
Assist the public at the front counter Permit Center, provide customer service in person, in writing, or by phone or by email regarding building and development review submittal/application permit requirements, including but not limited to permit and plan check applicable fees, plan review, permitting, and inspection processes and project status. and plan check filing procedures and processing, and permit inspection status.
461 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 3 of 8 ends

Screen and review Accept building permit and development review applications; review applications for completeness; enter permit data into an automated permitting software database; route plans and specifications to all applicable other City departments and/or outside agencies for review, and track plan review process.

Compile building permit and related data as directed, prepare various reports.

Review and issue permits for minor applications for conformance with ordinances, applicable state laws and department's standards, policies, and guidelines.

Calculate various fees, prepare fee estimates and apply fees to permits or other development review billings.

Approve and issue over-the-counter permits.

Build and maintain positive working relationships with co-workers, other City employees and the public using practical principles of good customer service.

Foster an environment that embraces diversity, integrity, trust, and respect.

Be an integral team player, which involves flexibility, cooperation, and communication.

Perform related duties as assigned.

Senior Development Review Technician
In addition to the duties listed above, duties may include the following:

Plan, prioritize, and review the work of staff assigned to a variety of development review support duties.

Assist the general public with questions regarding building and development review/permit requirements.

Accept building permit and development review applications, act as lead on complicated plan check input and questions.

Participate in evaluating the activities of staff, recommending improvements and modifications.

Coordinate and prepare counter coverage and daily/weekly task rotation schedules.

Provide and coordinate staff training; work with employees to correct deficiencies.

Compile building related data as directed; prepare various reports. 462 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 4 of 8 ends

MINIMUM QUALIFICATIONS
Development Review Technician I
Knowledge of:

Concepts and techniques of customer service.

Correct English usage, spelling, grammar, and punctuation.

Public counter customer service methods, procedures, computer equipment, and computer software applicable to assignment.

Basic arithmetic calculations.

Ability to:

Learn and apply front counter and permitting policies, concepts, and techniques.

Maintain, update, and ensure the accuracy of fiscal and customer records and data.

Make mathematical calculations.

Use sound judgment in recognizing scope of authority.

Operate and use office equipment including computers and applicable software.

Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities.

Utilize appropriate safety procedures and practices for assigned duties.

Establish and maintain effective working relationships with those contacted in the course of work. 463 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 5 of 8 ends

Work with various cultural and ethnic groups in a tactful and effective manner.

Communicate clearly and concisely, both orally and in writing.

Experience and TrainingEducation
Any combination of experience and training education that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

At least oOne year of responsible office or clerical experience involving customer service is desirable.

TrainingEducation:

Equivalent to the completion of the twelfth grade supplemented by college course work in planning, architecture, construction technology or a related fieldbusiness or accounting.

Development Review Technician II
In addition to the qualifications for the Development Review Technician I:

Knowledge of:

Operations, procedures, policies and precedents of the City and the development review process Principles, methods, and practices of plan checking.

Principles and techniques of work planning and coordination.

Basic knowledge of building codes and permitting
Ability to:

Balance multiple and complex work assignments and manage time wisely.

Understand and apply customer service concepts and techniques, internally and externally.

Coordinate and collaborate internally with various divisions and departments on the development review process.

Experience and TrainingEducation
464 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 6 of 8 ends

Any combination of experience and educationtraining that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

At least tTwo years of responsible experience similar to Development Review Technician I with the City.

TrainingEducation:

Equivalent to the completion of the twelfth grade supplemented by college course work in planning, architecture, construction technology or a related fieldbusiness or accounting.

Licenses and Certificates:

Possession of an International Code Council Permit Technician Certificate is desirable.

Senior Development Review Technician
In addition to the qualifications for the Development Review Technician II:

Knowledge of:

Principles and practices of technical and functional leadership.

Principles and techniques of plan checking.

Policies and procedures of fee assessment and collection.

Principles and practices of customer service.

Permit Center customer service methods, procedures, computer equipment, and computer software applicable to assignment.

English usage, spelling, grammar and punctuation.

Ability to:

Provide technical and functional leadership and eover Development Review Technicians I/II; effectively train staff and perform quality control.

Perform the most complex duties related to building permit issuance, development review applications and plan checking.
465 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 7 of 8 ends

Understand, interpret and explain department policies and proceduresIntermittently, review documents related to department operations.

Observe, identify and problem solve office operations and issues for the public.

Use sound judgment in recognizing scope of authority.

Operate and use modern office equipment including computers and applicable software.

Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities and act as a backup for lower- level staff as assigned.

Utilize appropriate safety procedures and practices for assigned duties.

Communicate effectively orally and in writing.

Relate effectively with people of varied academic, cultural, and socio-economic backgrounds using tact, diplomacy, and courtesy.

Establish and maintain effective, cooperative and collaborative working relationships with others.

Experience:

At least tTwo years of responsible journey level experience similarequivalent to Development Review Technician II with the City of San Mateo or permit technician positions in other jurisdictions.

Education:

Equivalent to the completion of an Associate’s degree from an accredited college with major courses work in planning, architecture, construction technology or a related field.

Licenses and Certificates:

Possession of an International Code Council Permit Technician Certificate is highly desirable and required within 12 months of employment.

Licenses and Certificates
Possession of an International Code Council Permit Technician Certificate is desirable. 466 of 983
City of San Mateo
Development Review Technician I/II/Senior

Page 8 of 8 ends

ADA Special Requirement:

Essential duties require the following physical abilities and work environment.

ADOPTED CC: 8-07-94, 6-3-19
REVISED CC: 5-20-02, 6-21-04, XXXX
FORMER TITLES: DEVELOPMENT REVIEW TECHNICIAN
BARGAINING UNIT: GENERAL UNIT
FLSA: NON-EXEMPT
PERFORMANCE APPRAISAL: WHITE COLLAR TECHNICAL
DOT: NO
PRE APPT-MEDICAL: YES
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES
JOB CODES: DEVELOPMENT REVIEW TECHNICIAN I 5176,
DEVELOPMENT REVIEW TECHNICIAN II 5174
Senior DEVELOPMENT REVIEW TECHNICIAN III 5177
467 of 983

HOUSING SPECIALIST I/II/SENIOR

DEFINITION
Under general close supervision for the Housing Specialist I, and under general supervision for the Housing Specialist II and Senior Housing Specialist, performs a wide variety of professional and technical duties related toto implementing varied housing and redevelopment projects and programs; to assist property owners and others in obtainingadministersing loans and grants funds to improve housing, commercial and industrial properties; assists in the to development of policies and programs related tosing housing and neighborhood servicesassist in the development of and application for new programs to benefit the City; and performs ing other related work as required.to do related work as required.

DISTINGUISHING CHARACTERISTICS
Housing Specialist I – This is the entry level class in this technical/professionae Housing Specialist l series that allows the employee to develop journey-level knowledge and skills.

Incumbents Positions in this class typically have some housing related experience and perform grant and loan case management while learning the rules and regulations of various housing and redevelopment programsa range of duties related to housing program implementation, grant and loan administration, and other housing and neighborhood service policy related work under close supervision. Employees are expected to demonstrate proficiency and advance to the Housing Specialist II classification.This class is alternately staffed with Housing Specialist II and incumbents may advance to the higher level after gaining experience and demonstrating proficiency which meet the qualifications of the higher-level class.

Housing Specialist II – This is the experienced journey level of this class series in the Housing Specialist series and is distinguished from the I level by the assignment of the full range of duties.

Employees at this level are, fully capable ofindependently performing a variety of duties related to housing program implementation, grant and loan administration, and other housing and neighborhood service policy related work.to housing, commercial and industrial property upgrading, development and redevelopment. They may assist with training of employees in the Housing Specialist I classifications and perform more difficult and complex dutiesThis class is distinguished from Housing Supervisor, in that the latter is the first full supervisory level of the class series, with primary responsibility for either major housing and redevelopment programs for the City.

Senior Housing Specialist – This is the advanced journey level in the Housing Specialist series.

Positions at this level are distinguished from other classes within the series by the level of responsibility assumed, complexity of duties assigned, independence of action taken, and by the amount of time spent performing the duties. Employees perform the most difficult and complex duties and can may serve as a lead worker to employees in the Housing Specialist I and II classifications. Employees at this level are required to be fully trained in all procedures related to assigned areas of responsibility.
468 of 983
City of San Mateo
Housing Specialist I/II

Page 2 ends

Housing Specialist II - Receives general supervision from the Housing Manager or higher-level department personnel and may receive technical and functional lead direction from the Senior Housing Specialist. May provide training and guidance to the Housing Specialist I.

Senior Housing Specialist - Receives general directionsupervision from the Housing Manager or higher-level department personnel. May Can serve as a lead worker over Housing Specialists I/II.

Receives technical and functional supervision from the Housing Supervisor.

May exercise technical or project supervision over less experienced Housing Specialists and office support staff.

EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:

Housing Specialist I/II
Review, analyze, evaluate and recommend adoption of federal, state and local programs to meet City housing, commercial and industrial redevelopment needs; structure and modify programs to meet specific City circumstances.

Act as project managerProject management support for City-sponsored affordable housing projects related to, carrying such projects from site acquisition through, financing, contract administration, dispute mediation, entitlement and completionconstruction.

Act as project manager for redevelopment projects, including those with housing, commercial and industrial components.

Coordinates the preparation of the Community Development Block Grant (CDBG) Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance Evaluation Report (CAPER).

Oversees; and ensures compliance with federal CDBG budgeting, recordkeeping, reporting and auditing requirements.

Serve as staff to the Community Relations Commission.
469 of 983
City of San Mateo
Housing Specialist I/II

Page 3 ends

Administer and implement Housing Element policies and programs.

Administer the City's Below Market Rate (BMR) Program, First-time Homebuyers Program and various housing improvement programs.

Provide project administration assistance to subgrantee agencies funded through federal agencies.

Assist in the coordination of special housing projects.

Negotiate and monitor contracts with private and non-profit developers, contractors and homeowners for the construction and rehabilitation of housing.

Process housing and commercial loans and grants from application through construction completion and loan servicing; determine property improvement needs; originate loans; prepare specifications and coordinate project bidding and management stages; conduct progress inspections and authorize disbursements; mediate disputes between the property owner and the contractor.

Publicize and prepare marketing information for the City's various housing and redevelopment projects; meet with individuals and groups to disseminate such information; attend public meetings as a City representative, as assigned.

Conduct various studies and analysis regarding project feasibility and economic returns; prepare statistical, financial, environmental and other technical analyses and reports.

Assist with the acquisition and disposal of real property; assist in the administration of the resale program for City-sponsored affordable housing.

Provide staff support for the redevelopment agency; coordinate aspects of assigned projects with the work of other City staff, such as Planning and Public Works.

Maintain accurate records and files of assigned projects and cases; monitor funds expended; prepare a variety of periodic and special reports related to grant, loan and City-sponsored programs.; may provide input into annual budget requests; and assist with monitoring the budget.

Senior Housing Specialist
In addition to the duties listed above, duties may include the following:

Assist in preparation and monitoring of the Division’s budget.

Serve as a liaison with county, regional, state and federal agencies and private industry in the 470 of 983
City of San Mateo
Housing Specialist I/II

Page 4 ends

development and coordination of housing programs and projects.

Act as project manager for City-sponsored affordable housing projects, carrying such projects from site acquisition through financing, contract administration, dispute mediation and completion.

Assist with the acquisition and disposal of real property; assist in the administration of the resale program for City-sponsored affordable housing.

May serve as a lead worker over Housing Specialists I/II.

QUALIFICATIONS
Knowledge of:

Housing Specialist I
Knowledge of:

Analytical and report preparation methods and techniques.

C
omputer applications related to the work.

Techniques for effectively dealing with people from various socio-economic, ethnic and age groups.

Standard office practices and procedures, including the use of standard office equipment, technology and software.
471 of 983
City of San Mateo
Housing Specialist I/II

Page 5 ends

Basic housing, real property development and real estate financing concepts, laws and techniques.

Basic construction terminology and concepts, including the interpretation of plans and specifications.

Ability to
Analyze, interpret, apply and explain various laws, rules, codes and regulations related to housing, economic and/or redevelopment, including grant and loan administration.

Research and analyze technical and statistical data, evaluate alternatives and make sound recommendations.

Quickly learn the laws, rules, regulations and procedures related to the work.

Prepare clear, concise, and accurate correspondence, reports and other written materials.

Maintain accurate records and files.

Coordinate multiple projects and meet critical deadlines.

Represent the City effectively in meetings with others.

Establish and maintain effective working relationships with those contacted in the course of the work.

Experience:

At least one year of administrative support experience, preferably in a setting which provides a knowledge of housing concepts and terminology.
472 of 983
City of San Mateo
Housing Specialist I/II

Page 6 ends

Education:

Equivalent to a degree from a four-year college or university with major coursework in public or business administration, finance, economics, planning or cloeslyclosely related field. Work experience in housing related rolepositions may be substituted for the education on a year-foryear basis to a minimum of two years.

Housing Specialist II
In addition to the qualifications for the Housing Specialist I:

Knowledge of
In addition to the above:

Real property acquisition principles and appraisal techniques.

Federal, state and local laws, codes and regulations related to housing and/or redevelopment projects.

Grant and contract administration principles and techniques.

Principles of building construction and rehabilitation.

Basic budgeting principles and practices.

Basic methods for publicizing and disseminating information regarding housing and other projects.

Ability to:
473 of 983
City of San Mateo
Housing Specialist I/II

Page 7 ends

H
ousing Specialist I
A
nalyze, interpret, apply and explain various laws, rules, codes and regulations related to housing, economic and/or redevelopment, including grant and loan administration.

R
esearch and analyze technical and statistical data, evaluate alternatives and make sound recommendations.

Q
uickly learn the laws, rules, regulations and procedures related to the work.

Pr
epare clear, concise, and accurate correspondence, reports and other written materials.

M
aintain accurate records and files.

C
oordinate multiple projects and meet critical deadlines.

R
epresent the City effectively in meetings with others.

Es
tablish and maintain effective working relationships with those contacted in the course of the work.

Housing Specialist II
In
474 of 983
City of San Mateo
Housing Specialist I/II

Page 8 ends

addition to the above:

Interpret, apply and explain various laws, codes and regulations related to varied housing and redevelopment programs and projects.

Independently follow through and coordinate multiple projects concurrently.

Prepare and analyze construction bid documents, specifications and contracts.

Analyze financial statements and real property documents.

Experience:

At least two years of experience in a housing or related field at a level equivalent to thethat of Housing Specialist I.

Education:

Equivalent to a degree from a four-year college or university with major coursework in public or business administration, finance, economics, planning or closely related field. Work experience in housing related positionsrole may be substituted for the education on a year-foryear basis to a minimum of two years.

Senior Housing Specialist
In addition to the qualifications for the Housing Specialist II:

Knowledge of
Real property acquisition principles and appraisal techniques.

Advanced grant and contract administration principles and techniques.

Advanced budgeting principles and practices.
475 of 983
City of San Mateo
Housing Specialist I/II

Page 9 ends

Ability to
Plan and direct the operations of complex programs.

Analyze and apply complex governmental instructions, regulations and legislation.

Lead staff, effectively delegate work, and maintain a positive work environment.

Experience and TrainingEducation
Any combination of experience and education that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience:

At least five years of experience in a housing or related field, with at least two years of experience at a level equivalent to the Housing Specialist II.

TrainingEducation:

A bachelor’s Equivalent to a degree or equivalents from a four-year college or university with major coursework in public or business administration, finance, economics, planning or closely related field.

An advancedA master’s degree in public or business administration, finance, economics, planning or a closely related field from an accredited college or university may substitute for one year of work experience.

EXPERIENCE AND TRAINING GUIDELINES
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Housing Specialist I
One year of administrative support experience, preferably in a setting which provides a knowledge of housing and/or redevelopment concepts and terminology.

Housing Specialist II
In addition to the above, two years of experience in administering housing and/or redevelopment programs and projects at a level equivalent to the City's class of Housing Specialist I.

Training:
476 of 983
City of San Mateo
Housing Specialist I/II

Page 10 ends

Equivalent to graduation from a four-year college or university with major coursework in public or business administration, finance, economics or a field related to the work.

Experience in housing program or redevelopment staff support may be substituted for the education on a year for year basis to a minimum of two years.

License or Certificate:

Possession of, or ability to obtain, a valid California driver's license.

ADA Special Requirement:

Essential duties require the following physical abilities and work environment:

Ability to work in a standard office environment with some exposure to the outdoors.

ADOPTED CC: 4-12-81
REVISED CC: 9-07-88, 12-05-88, 6-15-92, 5-20-02, 12-07-15, 7-28-25 FORMER TITLES:

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 23 Section Name: CONSENT CALENDAR Account Number: 10-9811 File ID: 25-10145 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: July 28, 2025
SUBJECT:

Solid Waste Technician Reclassification – Approval
RECOMMENDATION:

Adopt a Resolution to approve the reclassification of the incumbent in the Administrative Assistant position in the Waste Management division of the Public Works Department to Solid Waste Technician.

BACKGROUND:

A reclassification study was requested by the Administrative Assistant in the Public Works Department, Waste Management Division, to determine if the incumbent is performing the duties of a higher-level position. A third-party consultant conducted the study and recommended that the Administrative Assistant position be reclassified to the Solid Waste Technician. The Public Works Department and Human Resources support this recommendation, and request that the reclassification of the incumbent in the Administrative Assistant position to a Solid Waste Technician position be approved.

BUDGET IMPACT:

The reclassification of the Administrative Assistant to a Solid Waste Technician will result in an estimated $10,000 cost for FY2025-26 to the Solid Waste Fund. The Public Works Department will be able to absorb these costs within their operating budget and this position will be built into any future budgets.

ENVIRONMENTAL DETERMINATION:

This reclassification is not subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Yumi Maeda, Senior Human Resources Analyst
[email protected]
(650) 522-7913
478 of 983

CITY OF SAN MATEO
RESOLUTION NO. __ (2025)

APPROVING CLASSIFICATION UPDATES IN THE PUBLIC WORKS DEPARTMENT WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to a request for a classification study of the Assistant classification in the Waste Management Division to determine if the incumbent is performing the duties of a higher-level position; and
WHEREAS, a third-party consultant conducted a study and recommended that the Administrative Assistant position be reclassified to the Solid Waste Technician classification; and WHEREAS, the employee associations representing the impacted classifications have been informed of the classification updates and have not brought forth any objections or concerns.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The reclassification is not subject to California Environmental Quality Act (CEQA Guidelines Section 15061(b)(3)) because it can be seen with certainty that it will not cause a physical change in the environment.

2. The reclassification of the incumbent in the Administrative Assistant position to the classification Solid Waste Technician is approved.
479 of 983

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 24 Section Name: CONSENT CALENDAR Account Number: 10-2315 File ID: 25-10161 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: July 28, 2025
SUBJECT:

Finance and Human Resources Services for San Mateo Consolidated Fire Department – Agreement RECOMMENDATION:

Approve an agreement between the City of San Mateo and the San Mateo Consolidated Fire Department for Finance and Human Resources services for a five-year term beginning August 1, 2025, and ending June 30, 2030, with estimated compensation to the City in the amount of $6,147,039.18; and authorize the City Manager to execute the Agreement in substantially the form presented.

BACKGROUND:

Since 2018, the City has provided administrative services relating to finance and human resources to San Mateo Consolidated Fire Department (SMC Fire) to support SMC Fire’s operations. On April 14, 2021, the City and SMC Fire extended the agreement for these services to June 30, 2026. In spring of 2024, the Fire Board requested an analysis of the existing contract with the City for Finance and Human Resources (HR) support. The Fire Chief hired an outside consultant, DKG Consultants, to review the contract and alternatives for meeting this service need. In the resulting report, DKG Consultants recommended that SMC Fire remain with the City for these services. In addition, the consultant recommended that SMC Fire and the City work together on a new contract with a revised scope of services and detailed cost proposal.

DKG Consultants assisted with this work and together the City and SMC Fire developed a new contract with an updated scope of services and a revised payment structure (“Agreement”). The effective date for the new Agreement is August 1, 2025. This Agreement will supersede the previous agreement.

The core services provided by the City to SMC Fire remains largely the same with a few adjustments within the contract.

The City has been providing HR and Finance support with cost recovery payments of about $840,000 annually to SMC Fire since its formation. This amount was based on original staffing estimates equivalent to the cost of approximately 4.0 FTE.

While reviewing the scope of services provided by the City, DKG Consultants found that the City has actually been providing closer to 5.0 FTE in staffing to SMC Fire over the last few years. At the same time, DKG consultants found that to better meet service expectations for SMC Fire, the City would need to provide closer to 6.0 FTE in staffing to support the contract. Thus, the cost recovery payment for the first year of the updated contract, listed in the Agreement as $1,139,000, is based on a cost estimate of various staff time needed to support SMC Fire from both Departments which equates to about 6.0 FTE. This new staffing allocation more properly reflects the service levels needed to meet contract expectations between the City and SMC Fire.

Based on the above, staff recommends for Council to approve this Agreement between the City and SMC Fire for finance and human resources services.

BUDGET IMPACT:

The revenue from the new agreement to the City will be $1,139,000 in fiscal year 2025-26. This is an increase of $265,930 480 of 983

CITY OF SAN MATEO
over the fiscal year 2025-26 amount in the current contract. This aligns expectations between SMC Fire and the City with respect to service delivery. The amount payable under each year of the agreement, which increases 4% annually, is as follows: Fiscal Year (FY) 2025-26: $1,139,000 FY 2026-27: $1,184,600 FY 2027-28: $1,231,900 FY 2028-29: $1,281,200 FY 2029-30: $1,332,500. Due to the timing of the agreement, we will be using the original agreement ($873,070.12) to calculate the July cost of services and the new agreement ($1,139,000) for the remaining 11 months of the fiscal year. The revised amount for Fiscal Year 2025-26 will be $1,116,839.18.

ENVIRONMENTAL DETERMINATION:

Approval of this agreement is not a project subject to CEQA, because the provision of finance and human resources services to SMC Fire is an administrative activity which will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Yumi Maeda, Senior Human Resource Analyst
[email protected]
(650) 522-7279
481 of 983

Page 1 of 15 ends

AGREEMENT BETWEEN THE CITY OF SAN MATEO

AND THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT

FOR FINANCE AND HUMAN RESOURCES SERVICES
This Agreement is made and entered into this day of ____________________, 2025, by and between the SAN MATEO CONSOLIDATED FIRE DEPARTMENT, a joint powers authority existing under the laws of the State of California (“SMCFD”), and the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), whose address is 330 W. 20th Avenue, San Mateo, California 94403.

RECITALS:

A. SMCFD desires certain Finance and Human Resources services hereinafter described.

B. SMCFD desires to engage CITY to provide these services by reason of its qualifications and experience for performing such services and CITY has offered to provide the required services on the terms and in the manner set forth herein.

C. SMCFD and CITY desire to supersede an agreement entered into on April 14, 2021 for Finance and Human Resources services (the “Prior Agreement”) that is set to expire on June 30, 2026.

This Agreement provides for additional services in exchange for an updated payment structure.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES; PRIOR AGREEMENT
The scope of services to be performed by CITY under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference. This Agreement supersedes the Prior Agreement as of the date services commence under Section 4. Legal services by the CITY are not provided in the scope of services.

SECTION 2 - DUTIES OF CITY
CITY shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CITY under this Agreement. CITY shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CITY represents that it is qualified to furnish the services described under this Agreement.

CITY shall be responsible for employing or engaging all persons necessary to perform these consultant services.
482 of 983

Page 2 of 15 ends

SECTION 3 - DUTIES OF SMCFD
SMCFD shall provide pertinent information regarding its requirements for Finance and Human Resources services from the CITY.

SMCFD shall examine documents submitted by CITY and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CITY’S work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on August 1, 2025 and be completed on June 30, 2030.

SECTION 5 - PAYMENT
Payment shall be made by SMCFD only for services rendered and upon submission of a payment request upon completion and SMCFD approval of the work performed as set forth in Exhibit B.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as either party shall otherwise have by law, either party shall have the right to terminate this Agreement or suspend work for any reason, upon sixty (60) days' written notice. CITY agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon SMCFD’S payment of the amount required to be paid, documents become the property of SMCFD, and CITY shall transfer them to SMCFD upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CITY in the performance of this Agreement, although instruments of professional service, are and shall be the property of SMCFD, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CITY in connection with the performance of this Agreement are confidential until released by SMCFD to the public or as required by law. CITY shall not make any such documents or information available to any individual or organization not employed by CITY or SMCFD without the written consent of SMCFD before any such release. 483 of 983

Page 3 of 15 ends

SECTION 9 - INTEREST OF CONSULTANT
CITY covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 10 - INDEMNITY
SMCFD agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of SMCFD’S performance of this Agreement, except those claims arising out of the sole negligence or willful misconduct of CITY, its elected and appointed officials, employees, and agents. SMCFD agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims, except those claims arising out of the sole negligence or willful misconduct of CITY, its elected and appointed officials, employees, and agents.

CITY agrees to hold harmless and indemnify SMCFD, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CITY’S performance of this Agreement, except those claims arising out of the sole negligence or willful misconduct of SMCFD, its elected and appointed officials, employees, and agents. CITY agrees to defend SMCFD, its elected and appointed officials, employees, and agents against any such claims, except those claims arising out of the sole negligence or willful misconduct of SMCFD, its elected and appointed officials, employees, and agents.

SECTION 11 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CITY and cannot be transferred, assigned, or subcontracted by CITY without the prior written consent of SMCFD.

SECTION 12 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT
It is mutually understood and agreed by and between the parties hereto that CITY is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that SMCFD relies upon the skill of CITY to do and perform the work with the care and skill ordinarily used by professionals practicing under similar conditions and consistent with generally accepted practices of such professions, and CITY agrees to thus perform the work. The acceptance of CITY’S work by SMCFD does not operate as a release of CITY from said obligation. 484 of 983

Page 4 of 15 ends

SECTION 13 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 14 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 15 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement.

The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 16 - NON-DISCRIMINATION
CITY warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither SMCFD nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 17 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 485 of 983

Page 5 of 15 ends

SECTION 18 - NOTICES
All notices hereunder shall be given in writing via electronic mail and addressed as follows.

Contact information may be updated by providing written notice to the other party.

To SMCFD: Fire Chief Matt Turturici
San Mateo Consolidated Fire Department
1040 East Hillsdale Blvd
Foster City CA 94404
[email protected]
To CONSULTANT: Karen Huang, Finance Director
City of San Mateo Finance Department
330 West 20th Ave
San Mateo CA 94403
[email protected]
SECTION 19 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between SMCFD and CITY and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both SMCFD and CITY.

SECTION 20 - CONFLICTS
In the event of any conflict between the provisions of any other referenced exhibit or document attached to this Agreement, the language and terms of this Agreement shall control.

SECTION 21 - AUTHORITY TO ENTER INTO AGREEMENT
SMCFD has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
486 of 983

Page 6 of 15 ends

IN WITNESS WHEREOF, SAN MATEO CONSOLIDATED FIRE DEPARTMENT and CITY OF SAN MATEO have executed this Agreement the day and year first above written.

SAN MATEO CONSOLIDATED FIRE DEPT CITY OF SAN MATEO
Julia Mates, Chair
Board of Directors
Rob Newsom, Jr., Mayor
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Schedules
487 of 983

Page 7 of 15 ends

EXHIBIT A

SCOPE OF SERVICES

FINANCE
Finance services to SMCFD will be overseen by the Finance Director and performed by staff throughout the Finance Department. One member of the Finance Department will be assigned as SMCFD’s single point of contact to serve as the primary liaison between Finance and SMCFD. • Chief Financial Officer/Treasurer/Administration
o Provide oversight and support to all aspects of SMCFD financial activities. o Review reports to the Board to ensure financial impacts are appropriately captured. o Attend Board meetings to address finance-related questions from the Board, SMCFD, and the public.
o Prepare for, attend, and facilitate quarterly meetings with SMCFD Administration. o Attend regular meetings between Finance Department staff and SMCFD staff as necessary to ensure efficient and effective financial operations. o Provide support on MOU execution including interpretations, issue resolution, workers’ compensation, and other non-recurring issues.
o Administer the OPEB Trust including management of the actuarial services contract, the bi-annual actuarial report, and the roll-forward GASB 75 report. • General Ledger
o Complete month-end closing and reconciliations by the 20th of the following month. o Record and monitor fixed assets annually as a part of the year-end closing process. o Review and analyze revenue/expenditure accounts prior to year-end closing. o Interface with independent auditors to conduct and complete the annual audit; prepare the financial statements and the Annual Financial Report. o Prepare all quarterly and annual compliance reports, including the State Controller’s Annual Transaction Report, quarterly fuel tax reporting, annual sales tax reporting, and other compliance reporting as necessary.
o Provide grant accounting support as needed.
o Provide general accounting support as requested/required. • Accounts Payable
o Process checks for vendors through the regular cycle, with invoices with SMCFD approvals by close of business Thursdays processed in the next payment cycle. o Process expense reimbursements, with reimbursement requests with SMCFD approvals by the close of business Thursdays processed in the next payment cycle. o Maintain vendor master files, with updates processed within four business days. o Issue 1099s annually by January 31.
o Process credit card payments, with SMCFD approvals in the system monthly by the 20th to ensure timely month-end close.
o Process payroll-related payables.
488 of 983

Page 8 of 15 ends

• Purchasing
o Conduct requisitioning, purchase order issuance, and blanket purchase order issuance within four business days of receipt of request.
o Process change order requests within four business days. o Issue and monitor credit cards and monthly statement upload; issuance requests processed within four business days and the monthly upload by the 28th of each month. • Payroll
o Process bi-weekly payroll by issuing paychecks and direct deposits. o Perform all required CalPERS reporting by statutory deadlines. o Process bi-weekly accounts payable associated with benefits and deductions in time for the next payment cycle.
o Maintain and report benefit plans to contracted benefit providers, including but not limited to 457, RHS, 401(ah), union dues, in time to be effective for the next pay period. o File quarterly federal and state taxes by statutory deadlines. o Issue W-2s and W-2Cs annually by statutory deadlines. o File the annual State Controller’s Report by statutory deadlines. o Respond to public records requests related to earnings by statutory deadlines. o Complete employee change requests and perform records maintenance by the following payroll cycle.
o Maintain the ERP timekeeping and shift/FLSA maintenance modules. o Develop special rates for grants or mutual aid deployments (FEMA, State, etc.) as necessary.
o Execute mid-pay period hirings as needed by SMCFD.
o Research and process payroll changes related to workers’ compensation cases. o Provide required workers’ compensation data to the third-party actuary within 30 days of request.
o Conduct the CalOES salary survey required for mutual aid reimbursements. • Accounts Receivable
o Issue and monitor billings for inspection and other fire services within five business days of request.
o Monitor and manage collection of unpaid bills on a monthly basis. o Process payments received for SMCFD on a daily basis. • Cashiering
o Process deposits for all SMCFD transactions on a daily basis. o Manage uncollected fees (non-sufficient funds).
• Treasury/Banking
o Maintain liquidity and manage general cash management needs. o Manage investment of available funds through the Local Agency Investment Fund (LAIF). o Maintain bank account functionality.
• Budget
489 of 983

Page 9 of 15 ends

o Provide personnel costing to support budget development, labor negotiations, and operational needs.
o Establish internal service collections and manage, update, and maintain financial plans. o Develop and maintain indirect cost allocations.
o Manage equipment replacement funding and the Equipment Replacement Fund financial plan.
o Develop, maintain, and support the General Fund budget and long-term financial plan. o Develop, maintain, and support the Fire Prevention Fund budget and long-term financial plan.
o Develop, maintain, and support the Internal Services Funds (Benefits, Workers’ Compensation, General Liability) budget and long-term financial plans. o Provide budget monitoring and appropriation support through quarterly reviews of SMCFD financials to identify major variances.
o Provide mid-year budget support by reviewing all funds for major variances and determining if additional appropriations or other Board actions are required. o Plan, direct, and coordinate budget development, with SMCFD being responsible for preparing budget entries, updating SMCFD narratives and performance metrics, and writing the transmittal letter.
o Prepare the budget document using the publishing tools determined by the Finance Department; specific responsibilities include:
▪ Providing financial information in the Budget Message section related to budget, short- and long-term financial plan information; SMCFD is responsible for the transmittal letter narrative information.
▪ Providing the organizational chart, basis of budgeting, budget timeline, SMCFD financials, sources of funding, and full-time equivalent tables (Overview Section); SMCFD is responsible for the narrative information. ▪ Updating the fund summary for each fund, including the budget details and fiveyear financial plans (Fund Information Section). ▪ Updating the financial policies portion of the Appendix section as needed.

HUMAN RESOURCES
Human Resources services to SMCFD will be overseen by the Director of Human Resources. One member of the Human Resources Department (Senior Human Resources Analyst) will be assigned to and physically located at SMCFD. This position will be a strategic partner and provide day-to-day HR services to SMCFD. Additional support to SMCFD will be provided by the remainder of the staff in the City’s Human Resources Department.
• Director of Human Resources/Administration
o Provide oversight and support to all aspects of SMCFD’s HR-related activities. o Review reports to the Board as needed to ensure HR-related issues are appropriately captured and addressed.
o Attend Board meetings as needed to address questions from the Board, SMCFD, and the public.
o Prepare for and attend meetings with SMCFD Administration as requested. 490 of 983

Page 10 of 15 ends

o Provide support on MOU execution including interpretations, issue resolution, workers’ compensation, and other non-recurring issues.
• Recruitment and Selection
o Develop and implement recruitment plans, strategies, and materials. o Attend job fairs and outreach events.
o Post recruitment advertisements.
o Screen candidates.
o Coordinate the examination process (oral, written, and/or performance). o Plan and stage sites and locations for test administration and test administration supplies, resources, and meals for raters and others involved in the test administration. o Develop interview questions in collaboration with subject matter experts. o Coordinate the following processes: interviews, references, backgrounds, fingerprinting, pre-employment physicals, and employment eligibility verification (I- 9). o Send out notifications to candidates and new hires.
o Coordinate the onboarding processes.
o Maintain position control, vacancy reports, and statistical data on recruitments, vacancies, separations, promotions, transfers, and turnover rates. o Provide information to employees and the public regarding job opportunities, career ladders, training, etc.; counsel employees on career development and methods of obtaining training; provide procedural information regarding examinations and related matters.
o Coordinate promotional recruitments and assessment centers with vendor as needed. • Employee and Labor Relations
o Provide consultation on Employee and Labor Relations issues, laws, and trends. o Coordinate and conduct negotiations and meet and confer sessions; may serve as chief spokesperson.
o Develop detailed technical staff work in support of negotiations. o Provide research, analysis, and recommendations of facts pertaining to potential or stated employee organization demands. This may include cost or budget impact information relating to salary surveys, salary, or benefit proposals. o Prepare updates on Memoranda of Understandings, which includes developing contract language/proposals; prepare correspondence and make presentations. o Review grievances and provide consultation on how to resolve them at the lowest-level possible.
o Provide training to management on MOU interpretation, grievances, and labor relations issues.
o May attend and participate in closed sessions with the Fire Board regarding negotiations.
• Performance Management
o Provide consultation to management on how to conduct a fact-finding investigation, gather data and supporting documentation, and recommend next steps/actions and proposed disciplinary actions.
491 of 983

Page 11 of 15 ends

o Develop and maintain a performance management system and provide consultation to management regarding performance evaluations and performance improvement plans (PIP).
o Review and draft coaching memos, PIP, confirmation of meeting memorandums, written reprimands, notice of intents to discipline, notices of final discipline, and other disciplinary notifications.
o Coordinate Skelly meetings and notifications.
o Meet with union representatives, employees, and managers in attempts to resolve conflicts.
o Conduct or coordinate conflict mediation.
• Workers’ Compensation and Disability Management
o Administer the Workers’ Compensation Program and its budget. o Oversee the timely processing of workers’ compensation claims and collaborate with the third-party administrator on the progress of outstanding claims. o Provide claims and benefit information and assistance to injured employees. o Perform case management on workers’ compensation claims to ensure the proper handling of cases; coordinate with the third-party administrator to investigate cases and assign a nurse case manager as needed.
o As assigned, investigate employee accidents and injuries; review all incoming employee injury reports and take appropriate actions; make recommendations to prevent recurrences; and prepare statistical reports on employee injuries and accidents. o In collaboration with the third-party administrator and workers’ compensation counsel representing SMCFD (when necessary), verify, review, reject, negotiate, and settle claims against SMCFD within established guidelines, and recommend the settlement of larger claims.
o Coordinate and establish procedures to conform with CalOSHA, the Department of Transportation, and other regulatory agencies.
o Development and oversee Return to Work (RTW) and Temporary Modified Work (TMW) programs.
o Administer the Reasonable Accommodation interactive process in accordance with the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). o Conduct or coordinate essential job function analysis. o Work with third party administrator to prepare and review reports and assist SMCFD in determining trends, cost, and budget needs in order to minimize workers’ compensation exposure.
o Manage industrial disability retirement process. Coordinate with SMCFD’s attorney, when needed.
o Monitor and review current and proposed workers’ compensation legislative changes to ensure compliance with stated regulations pertaining to business practices, policies, and procedures.
o Coordinate disability leaves in accordance with federal and state laws and regulations. o Oversee the coordination of Family and Medical Leave (FML) and/or leaves of absence, ensure timely notifications to employees regarding their remaining options when all entitled leaves are exhausted, and consult with supervisors/managers on deviation from approved FML intermittent leave and/or fraudulent claims. 492 of 983

Page 12 of 15 ends

o Maintain confidential employee medical files, including appropriate records of each medical leave and/or accommodation management case, related meetings and discussions, and the outcome of reasonable accommodation requests. o Prepare written communications to employees for documentation purposes, prepare a variety of reports, and make presentations to management and executive staff. • Investigations and Compliance
o Ensure adherence to labor laws and employment regulations. o Review complaints and determine scope of investigation, conduct or coordinate investigation interviews, and develop or review investigation reports. o Consult with the SMCFD’s attorney to determine the investigation process. o Conduct or coordinate audits of personnel or medical files as needed to ensure compliance with federal and state disability laws.
o Partner with SMCFD’s attorney to make recommendations to reduce potential liability. • Training and Development (Non-Safety Employees)
o Conduct or coordinate training needs assessments.
o Develop training plans and programs based on core competencies. o Conduct or coordinate mandated and non-mandated training sessions. o Maintain training records and materials.
o Provide compliance reports regarding mandated training sessions to management. o Provide consultation on succession planning.
o Oversee the administration of the Learning Management System (LMS), if utilized. • Benefits Administration
o Oversee the administration of SMCFD benefits to employees, including but not limited to health, dental, vision, life insurance, disability insurance, deferred compensation, pension, and flexible spending.
o Conduct benefits orientation sessions with employees. o Initiate and terminate benefits enrollments as required, review, reconcile, and process invoices from benefits providers.
o Develop and implement policies and procedures to effectively manage benefits-related customer service-oriented processes; receive and respond to inquiries or complaints related to benefits eligibility.
o Oversee, coordinate, or conduct audits of benefits to ensure compliance with regulations and guidelines; reconcile various reports.
o Review and analyze benefits administration reports; analyze changes that affect employee eligibility for benefits and implement changes as necessary; identify employees affected by new/changed eligibility rules.
o Conduct employee compensation analysis.
• Classification and Salary Administration
o Develop and revise job specifications as needed.
o Conduct or coordinate classification analysis and salary/compensation surveys. 493 of 983

Page 13 of 15 ends

o Gather, calculate, and analyze salary survey data acquired from comparable jurisdictions required for new job classifications, salary adjustments, and pay equity transactions. o Conduct or coordinate position audits and related discussions with supervisors and managers responsible for the impacted position in order to ensure positions are classified appropriately.
o Update and maintain the classification system.
o Conduct or coordinate salary compaction studies.
o Audit job specifications to ensure compliance and remove any artificial barriers.

FINANCE AND HUMAN RESOURCES
• Enterprise Resource Platform (ERP) and Human Resources Information Systems (HRIS) o Lead and assist in the implementation of Workday and other HR or Finance software and tools in support of SMCFD.
o Provide data analytics for HR and Finance decision making related to SMCFD. o Provide responsive system, process, and technical support, in conjunction with IT, to SMCFD end users to troubleshoot and resolve ERP/HRIS system issues or workflow issues between ERP/HRIS modules.
o Assist in identifying potential or required changes to business practices and procedures with the implementation of the ERP/HRIS system.
o Collect reporting requirements from HR/Finance staff and SMCFD in implementing requested changes or creating new reports.
o Respond to requests for information and assistance with the ERP/HRIS system and process various system transactions.
o Understand and maintain integrations and secured data exchange between ERP/HRIS system and other internal applications and external vendors/service providers. o Track problems and requests for ERP/HRIS system enhancements and make enhancement recommendations as necessary.
o Manage system access for SMCFD users of the ERP/HRIS systems. o Oversee all required data entry into ERP/HRIS systems related to the administration of HR and Finance services.
o Maintain all records related to the administration of HR and Finance services. o Develop and maintain a variety of transactions, data, reports, and presentations. 494 of 983

Page 14 of 15 ends

EXHIBIT B

PAYMENT SCHEDULES
In consideration of the full performance of the Finance and Human Resources services set forth in Exhibit A, SMCFD agrees to pay CITY a fee in the amounts as listed under this agreement:

Fiscal Year (FY) 2025-26: $1,139,000
FY 2026-27: $1,184,600
FY 2027-28: $1,231,900
FY 2028-29: $1,281,200
FY 2029-30: $1,332,500
495 of 983

Page 15 of 15 ends

The cost basis for the initial year of the contract is as follows:

Position Percentage of Time Direct Cost
Human Resources Director 15% $46,000
Senior Human Resources Analyst 100% $214,000
Human Resources Analyst 100% $195,000
Finance Director 15% $50,000
Manager (Accounting and Budget) 50% $104,000
Payroll Supervisor/Sr. Management Analyst/Sr. Accountant 100% $197,000 Payroll Technician I/II 100% $155,000
Accounting Assistant I/II (A/R and Cash Management) 100% $119,000 Accounting Assistant I/II (A/P and Purchasing) 50% $59,000 Total $1,139,000
As noted in the proposal, the above positions encompass the aggregate FTE count required to serve SMCFD. Overall support will be provided by staff throughout both Finance and Human Resources Departments, with each respective department head providing oversight. One Senior HR Analyst will be assigned directly to SMCFD and will be physically located at SMCFD Headquarters, and one employee in the Finance Department will be designated as SMCFD’s single point of contact to be the primary liaison between Finance and SMCFD. The agreement includes a 4% annual increase to account for the expected increase in employee compensation costs.

The City will invoice SMCFD on a quarterly basis for 25 percent of the annual fee amount on or about July 1, October 1, January 1, and April 1 of the fiscal year. Payment will be due within 30 days of the invoice date.
496 of 983

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 25 Section Name: CONSENT CALENDAR Account Number: 18-6114 File ID: 25-10174 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: July 28, 2025
SUBJECT:

Congregate Nutrition Program — Interagency Agreement
RECOMMENDATION:

Approve an interagency agreement with the County of San Mateo for Fiscal Year 2025-2026 to partially fund a congregate nutrition program through the Older Americans Act for up to $48,096; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

BACKGROUND:

The Congregate Nutrition Program provides vital nutrition services to older adults in a group setting, offering meals, nutrition and health education, nutrition risk screening, and opportunities for social interaction. The Dr. Martin Luther King Jr. Community Center has long served as the host site for this federally funded program, delivering over 3,000 meals annually to seniors in the community. Since 2004, the City of San Mateo has acted as the designated contractor for this service. The program is administered by San Mateo County and funded through the federal Older Americans Act (OAA). It is operated in compliance with state licensing regulations, applicable federal laws, and standards set forth by the County’s Aging and Adult Services (AAS) division. The City of San Mateo has consistently met all program requirements. Federal funding, along with contributions from the State of California and San Mateo County, supports the cost of meals for eligible individuals as well as nutrition education presentations on topics such as vitamins for aging adults’ oral health, food safety and hydration. Under the current agreement, services will be provided from July 1, 2025, through June 30, 2026.

BUDGET IMPACT:

Total program costs in FY 2026 are projected at $130,000 of which $48,096 will be reimbursed through federal funds.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
497 of 983

CITY OF SAN MATEO

STAFF CONTACT
Zachary Silva, Community Services Manager
[email protected]
(650) 522-7474
498 of 983
Agreement No. 57000-FY26-R081302I

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SAN MATEO This Agreement is entered into this __________2025, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and City of San Mateo, 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 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
Exhibit C- Performance Measures
Attachment F- CARS Specification
Attachment G- Focal Point Contact List
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 Forty Eight Thousand and Ninety Six Dollars ($48,096.00). 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
499 of 983
Page | 2
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Tuesday, July 1, 2025 through Tuesday, June 30, 2026.

5. Termination
This Agreement may be terminated by Contractor or by the Chief, San Mateo County Health 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 to 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:
500 of 983
Page | 3
(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

10.1. 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.

10.2. 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. 501 of 983
Page | 4

10.3. 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:

Comprehensive General Liability…………. $1,000,000 , 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 requirements of the applicable law, regulation, or executive order will take precedence over the requirements set forth in this Agreement.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.
502 of 983
Page | 5

12. Non-Discrimination and Other Requirements

12.1. 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.

12.2. 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.

12.3. 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.

12.4. 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.

12.5. 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 and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.

12.6. 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. 503 of 983
Page | 6

12.7. Reporting; Violation of Non-discrimination Provisions Contractor shall report to the County Executive Officer the filing in any court or with any administrative agency of any complaint or allegation of discrimination on any of the bases prohibited by this Section of the Agreement or the Section titled “Compliance with Laws”. Such duty shall include reporting of the filing of any and all charges with the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, or any other entity charged with the investigation or adjudication of allegations covered by this subsection within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include a general description of the circumstances involved and a general description of the kind of discrimination alleged (for example, gender-, sexual orientation-, religion-, or racebased discrimination).

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 Officer 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.

12.8. 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 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 504 of 983
Page | 7
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
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
505 of 983
Page | 8
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 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, Deputy Director
Address: PO BOX 5892, San Mateo, CA 94402
Telephone: 650-670-5371
Email: [email protected]
In the case of Contractor, to:

Name/Title:

Address:

Zachary Silva/Community Services Supervisor
330 W. 20th Ave., San Mateo CA 94403
Telephone:

Email:
(650) 522-7474
[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. Personally Identifiable Information
Requirements for County Contractors, Subcontractors, Vendors and Agents

20.1. Definitions
Personally Identifiable Information (PII), or Sensitive Personal Information (SPI), as used in Federal information security and privacy laws, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. PII may only be used to assist in the administration of programs in accordance with 45 C.F.R. § 205.40, et seq. and California Welfare & Institutions Code section 10850. 506 of 983
Page | 9
a. “Assist in the Administration of the Program” means performing administrative functions on behalf of County programs, such as determining eligibility for, or enrollment in, and collecting context PII for such purposes, to the extent such activities are authorized by law. b. “Breach” refers to actual loss, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users and for other than authorized purposes have access or potential access to context PII, whether electronic, paper, verbal, or recorded. c. “Contractor” means those contractors, subcontractors, vendors and agents of the County performing any functions for the County that require access to and/or use of PII and that are authorized by the County to access and use PII.
d. "Personally Identifiable Information” or “PII” is personally identifiable information that can be used alone, or in conjunction with any other reasonably available information, to identify a specific individual. PII includes, but is not limited to, an individual's name, social security number, driver's license number, identification number, biometric records, date of birth, place of birth, or mother’s maiden name. PII may be electronic, paper, verbal, or recorded. e. “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of PII, or interference with system operations in an information system which processes PII that is under the control of the County or County’s Statewide Automated Welfare System (SAWS) Consortium, or under the control of a contractor, subcontractor or vendor of the County, on behalf of the County. f. “Secure Areas” means any area where:
i. Contractors administer or assist in the administration of County programs; ii. PII is used or disclosed; or
iii. PII is stored in paper or electronic format.

20.2. Restrictions on Contractor re Use and Disclosure of PII a. Contractor agrees to use or disclose PII only as permitted in this Agreement and only to assist in the administration of programs in accordance with 45 CFR § 205.50, et seq. and California Welfare & Institutions Code section 10850 or as otherwise authorized or required by law. Disclosures, when authorized or required by law, such as in response to a court order, or when made upon the explicit written authorization of the individual, who is the subject of the PII, are allowable. Any other use or disclosure of PII requires the express approval in writing by the County. No Contractor shall duplicate, disseminate or disclose PII except as allowed in this Agreement.
b. Contractor agrees to only use PII to perform administrative functions related to the administration of County programs to the extent applicable. c. Contractor agrees that access to PII shall be restricted to Contractor’s staff who need to perform specific services in the administration of County programs as described in this Agreement.
507 of 983
Page | 10
d. Contractor understands and agrees that any of its staff who accesses, discloses or uses PII in a manner or for a purpose not authorized by this Agreement may be subject to civil and criminal sanctions available under applicable Federal and State laws and regulations

20.3. Use of Safeguards by Contractor to Protect PII
a. Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides PII received from, or created or received by Contractor on behalf of County, agrees to adhere to the same restrictions and conditions contained in this Attachment PII. b. Contractor agrees to advise its staff who have access to PII, of the confidentiality of the information, the safeguards required to protect the information, and the civil and criminal sanctions for non-compliance contained in applicable Federal and State laws and regulations. c. Contractor agrees to train and use reasonable measures to ensure compliance by Contractor’s staff, including, but not limited to (1) providing initial privacy and security awareness training to each new staff within thirty (30) days of employment; (2) thereafter, providing annual refresher training or reminders of the PII privacy and security safeguards to all Contractor’s staff; (3) maintaining records indicating each Contractor’s staff name and the date on which the privacy and security awareness training was completed; and (4) retaining training records for a period of three (3) years after completion of the training. d. Contractor agrees to provide documented sanction policies and procedures for Contractor’s staff who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment when appropriate. e. Contractor agrees that all Contractor’s staff performing services under this Agreement sign a confidentiality statement prior to accessing PII and annually thereafter. The signed statement shall be retained for a period of three (3) years, and the statement include at a minimum: (1) general use; (2) security and privacy safeguards; (3) unacceptable use; and (4) enforcement policies.
f. Contractor agrees to conduct a background check of Contractor’s staff before they may access PII with more thorough screening done for those employees who are authorized to bypass significant technical and operational security controls. Contractor further agrees that screening documentation shall be retained for a period of three (3) years following conclusion of the employment relationship.
g. Contractor agrees to conduct periodic privacy and security reviews of work activity, including random sampling of work product by Contractor’s staff by management level personnel who are knowledgeable and experienced in the areas of privacy and information security in the administration of County’s programs and the use and disclosure of PII. Examples include, but are not limited to, access to data, case files or other activities related to the handling of PII. h. Contractor shall ensure that PII is used and stored in an area that is physically safe from access by unauthorized persons at all times and safeguard PII from loss, theft, or inadvertent disclosure by securing all areas of its facilities where Contractor’s staff assist in the administration of the County’s programs and use,
disclose, or store PII.
508 of 983
Page | 11
i. Contractor shall ensure that each physical location, where PII is used, disclosed, or stored, has procedures and controls that ensure an individual who is terminated from access to the facility is promptly escorted from the facility by an authorized employee of Contractor and access is revoked.
j. Contractor shall ensure that there are security guards or a monitored alarm system at all times at Contractor’s facilities and leased facilities where five hundred (500) or more individually identifiable records of PII is used, disclosed, or stored. Video surveillance systems are recommended.
k. Contractor shall ensure that data centers with servers, data storage devices, and/or critical network infrastructure involved in the use, storage, and/or processing of PII have perimeter security and physical access controls that limit access to only those authorized by this Agreement. Visitors to any Contractor data centers area storing PII as a result of administration of a County program must be escorted at all times by authorized Contractor’s staff. l. Contractor shall have policies that include, based on applicable risk factors, a description of the circumstances under which Contractor staff can transport PII, as well as the physical security requirements during transport.
m. Contractor shall ensure that any PII stored in a vehicle shall be in a non-visible area such as a trunk, that the vehicle is locked, and under no circumstances permit PII be left unattended in a vehicle overnight or for other extended periods of time. n. Contractor shall ensure that PII shall not be left unattended at any time in airplanes, buses, trains, etc., including baggage areas. This should be included in training due to the nature of the risk.
o. Contractor shall ensure that all workstations and laptops, which use, store and/or process PII, must be encrypted using a FIPS 140-2 certified algorithm 128 bit or higher, such as Advanced Encryption Standard (AES). The encryption solution must be full disk. It is encouraged, when available and when feasible, that the encryption be 256 bit. p. Contractor shall ensure that servers containing unencrypted PII must have sufficient administrative, physical, and technical controls in place to protect that data, based upon a risk assessment/system security review. It is recommended to follow the guidelines documented in the latest revision of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53, Security and Privacy Controls for Federal Information Systems and Organizations.
q. Contractor agrees that only the minimum necessary amount of PII required to perform required business functions will be accessed, copied, downloaded, or exported. r. Contractor shall ensure that all electronic files, which contain PII data is encrypted when stored on any mobile device or removable media (i.e. USB drives, CD/DVD, smartphones, tablets, backup tapes etc.). Encryption must be a FIPS 140-2 certified algorithm 128 bit or higher, such as AES. It is encouraged, when available and when feasible, that the encryption be 256 bit.
s. Contractor shall ensure that all workstations, laptops and other systems, which process and/or store PII, must install and actively use an antivirus software solution. Antivirus software 509 of 983
Page | 12
should have automatic updates for definitions scheduled at least daily. In addition, Contractor shall ensure that:
i. All workstations, laptops and other systems, which process and/or store PII, must have critical security patches applied, with system reboot if necessary. ii. There must be a documented patch management process that determines installation timeframe based on risk assessment and vendor recommendations. iii. At a maximum, all applicable patches deemed as critical must be installed within thirty (30) days of vendor release. It is recommended that critical patches which are high risk be installed within seven (7) days.
iv. Applications and systems that cannot be patched within this time frame, due to significant operational reasons, must have compensatory controls implemented to minimize risk.
t. Contractor shall ensure that all of its staff accessing Personally Identifiable Information on applications and systems will be issued a unique individual password that is a least eight (8) characters, a non-dictionary word, composed of characters from at least three (3) of the following four (4) groups from the standard keyboard: upper case letters (A-Z); lower case letters (a-z); Arabic numerals (0-9) and special characters (!, @, #, etc.). Passwords are not to be shared and changed if revealed or compromised. All passwords must be changed every (90) days or less and must not be stored in readable format on the computer or server. u. Contractor shall ensure that usernames for its staff authorized to access PII will be promptly disabled, deleted, or the password changed upon the transfer or termination of an employee within twenty- four (24) hours. Note: Twenty-four (24) hours is defined as one (1) working day. v. Contractor shall ensure when no longer needed, all PII must be cleared, purged, or destroyed consistent with NIST SP 800-88, Guidelines for Media Sanitization, such that the Personally Identifiable Information cannot be retrieved. w. Contractor shall ensure that all of its systems providing access to PII must provide an automatic timeout, requiring re-authentication of the user session after no more than twenty (20) minutes of inactivity.
x. Contractor shall ensure that all of its systems providing access to PII must display a warning banner stating, at a minimum that data is confidential; systems are logged, systems use is for business purposes only by authorized users and users shall log off the system immediately if they do not agree with these requirements.
y. Contractor will ensure that all of its systems providing access to PII must maintain an automated audit trail that can identify the user or system process which initiates a request for PII, or alters PII. The audit trail shall be date and time stamped; log both successful and failed accesses be read-access only; and be restricted to authorized users. If PII is stored in a database, database logging functionality shall be enabled. The audit trail data shall be archived for at least three (3) years from the occurrence.
z. Contractor shall ensure that all of its systems providing access to PII shall use role-based access controls for all user authentications, enforcing the principle of least privilege. 510 of 983
Page | 13
aa. Contractor shall ensure that all data transmissions of PII outside of its secure internal networks must be encrypted using a Federal Information Processing Standard (FIPS) 140-2 certified algorithm that is 128 bit or higher, such as Advanced Encryption Standard (AES) or Transport Layer Security (TLS). It is encouraged, when available and when feasible, that 256 bit encryption be used. Encryption can be end to end at the network level, or the data files containing PII can be encrypted. This requirement pertains to any type of PII in motion such as website access, file transfer, and email.
bb. Contractor shall ensure that all of its systems involved in accessing, storing, transporting, and protecting PII, which are accessible through the Internet, must be protected by an intrusion detection and prevention solution.
cc. Contractor shall ensure that audit control mechanisms are in place. All Contractor systems processing and/or storing Personally Identifiable Information must have a least an annual system risk assessment/security review that ensure administrative, physical, and technical controls are functioning effectively and provide an adequate level of protection. Review shall include vulnerability scanning tools.
dd. Contractor shall ensure that all of its systems processing and/or storing PII must have a process or automated procedure in place to review system logs for unauthorized access. ee. Contractor shall ensure that all of its systems processing and/or storing PII must have a documented change control process that ensures separation of duties and protects the confidentiality, integrity and availability of data.
ff. Contractor shall establish a documented plan to enable continuation of critical business processes and protection of the security of PII kept in an electronic format in the event of an emergency. Emergency means any circumstance or situation that causes normal computer operations to become unavailable for use in performing the work required under this Agreement for more than twenty-four (24) hours.
gg. Contractor shall ensure its data centers with servers, data storage devices, and critical network infrastructure involved in the use, storage and/or processing of PII, must include environmental protection such as cooling, power, and fire prevention, detection, and suppression.
hh. Contractor shall establish documented procedures to backup PII to maintain retrievable exact copies of PIII. The documented backup procedures shall contain a schedule which includes incremental and full backups, storing backups offsite, inventory of backup media, recovery of PII data, an estimate of the amount of time needed to restore PII data. ii. Contractor shall ensure that PII in paper form shall not be left unattended at any time, unless it is locked space such as a file cabinet, file room, desk or office. Unattended means that information may be observed by an individual not authorized to access the information. Locked spaces are defined as locked file cabinets, locked file rooms, locked desks, or locked offices in facilities which are multi-use, meaning that there are Contractor’s staff and non-Contractor functions in one building in work areas that are not securely segregated from each other. It is recommended that all PII be locked up when unattended at any time, not just within multi-use facilities.
511 of 983
Page | 14
jj. Contractor shall ensure that any PII that must be disposed of will be through confidential means, such as cross cut shredding or pulverizing.
kk. Contractor agrees that PII must not be removed from its facilities except for identified routine business purposes or with express written permission of the County. ll. Contractor shall ensure that faxes containing PII shall not be left unattended and fax machines shall be in secure areas. Faxes containing PII shall contain a confidentiality statement notifying persons receiving faxes in error to destroy them and notify the sender. All fax numbers shall be verified with the intended recipient before send the fax. mm. Contractor shall ensure that mailings containing PII shall be sealed and secured from damage or inappropriate viewing of PII to the extent possible. Mailings that include five hundred (500) or more individually identifiable records containing PII in a single package shall be sent using a tracked mailing method that includes verification of delivery.

20.4. Reporting of Breaches Required by Contractor to County; Mitigation a. Contractor shall report to County within one business day of discovery, to the County contact listed in this agreement by email or telephone as listed in the of unsecured PII, if that PII was, or is, reasonably believed to have been accessed or acquired by an unauthorized person, any suspected security incident, intrusion or unauthorized access, use or disclosure of PII in violation of this Agreement, or potential loss of confidential data affecting this Agreement. b. Contractor understands that State and Federal Law requires a breaching entity to notify individuals of a breach or unauthorized disclosure of their PII. Contractor shall ensure that said notifications shall comply with the requirements set forth in California Civil Code section 1798.29, and 42 U.S.C. section 17932, and its implementing regulations, including but not limited to, the requirement that the notifications be made without unreasonable delay and in no event later than sixty (60) calendar days.
c. Contractor agrees to promptly mitigate, to the extent practicable, any harmful effect that is known to Contractor stemming from a use or disclosure of PII in violation of the requirements of this Agreement, including taking any action pertaining to such use or disclosure required by applicable Federal and State laws and regulations.

20.5. Permitted Uses and Disclosures of PII by Contractor Except as otherwise limited in this schedule, Contractor may use or disclose PII 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.

20.6. Obligations of County
a. County shall provide Contractor with the notice of privacy practices that County produces in accordance with California Welfare and Institutions Code section 10850, as well as any changes to such notice.
b. County shall notify Contractor of any changes in, or revocation of, permission by Individual to use or disclose PII, if such changes affect Contractor’s permitted or required uses and disclosures.
512 of 983
Page | 15
c. County shall notify Contractor of any restriction to the use or disclosure of PII that County has agreed to in accordance with California Welfare and Institutions Code section 10850.

20.7. Permissible Requests by County
County shall not request Contractor to use or disclose PII in any manner that would not be permissible under the Privacy Rule if so requested by County, unless Contractor will use or disclose PII for, and if the Agreement provides for, data aggregation or management and administrative activities of Contractor.

20.8. Duties Upon Termination of Agreement
a. Upon termination of the Agreement, for any reason, Contractor shall return or destroy all PII received from County, or created, maintained, or received by Contractor on behalf of County that Contractor still maintains in any form. This provision shall apply to PII that is in the possession of subcontractors or agents of Contractor. Contractor shall retain no copies of the PII.
b. In the event that Contractor determines that returning or destroying PII is infeasible, Contractor 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 PII is infeasible, Contractor shall extend the protections of the Agreement to such PII and limit further uses and disclosures of such PII to those purposes that make the return or destruction infeasible, for so long as Contractor maintains such PII.

20.9. Miscellaneous
a. Regulatory References. A reference in this Attachment to a section in the Personally Identifiable Information 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 in accordance 45 CFR § 205.40, et seq. and California Welfare and Institutions Code section 10850.
c. Survival. The respective rights and obligations of Contractor under this Attachment shall survive the termination of the Agreement unless and until the PII is destroyed or returned to the County.
d. Interpretation. Any ambiguity in any provision in this Attachment 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 Contractor.

21. Rehabilitation Act of 1973
Refer to the attachment required to be completed by the Contractor.

SIGNATURE PAGE TO FOLLOW
513 of 983
Page | 16
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: City of San Mateo
____________________________
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
514 of 983
Attachment 1 – Older American’s Act and California Department on Aging The 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 providerstaff; ii. Contracts with interpreter services;
iii. Use of telephone interpreterlines;
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 compliance 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 clients’ 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 515 of 983
Attachment 1 – Older American’s Act and California Department on Aging information regarding the provisions of Ca. Gov. Code § 11135 et seq.; [22 CCR 98326] and
iii. Notify County immediately of a complaint alleging discrimination based upon a violation of State or Federal law. [2 CCR 11162, 98310,98340] Program and Services
• Services are provided only to the defined Eligible ServicePopulation • Any Title III and Title VII service shall not implement a Cost Sharing program unless approved by County
• The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.

Monitoring and Evaluation
Welfare and Institution Code (WIC) (Division 8.5. Mello-Granlund Older Californians Act [9000 – 9757.5] Chapter 2. California Department of Aging [9100 – 9118.5] Article 1. General Provisions [9100 – 9114] Section 9102(a)) states that the State Unit on Aging shall administer all programs under the Older Americans Act of 1965, as amended, and this division, including providing ongoing oversight, monitoring, and service quality evaluation to ensure that service providers are meeting standards of service performance established by the department. 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 preparation sites.
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 statisticalrecords, 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 ADS 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.
516 of 983
Attachment 1 – Older American’s Act and California Department on Aging 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 contract is approved.

Access
The Contractor shall provide access to the federal, State or County contracting agency, the California State Auditor, the Comptroller 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.
517 of 983
Attachment 1 – Older American’s Act and California Department on Aging 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 the 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.
518 of 983
Attachment 1 – Older American’s Act and California Department on Aging B. Termination policy, dissolution and debarment, transition plan Termination:

1. Termination without cause
County may terminate performance of work in this agreement in whole or in part, without cause, if County or CDA determines that a termination is in the State or County’s best interest. CDA and County may terminate the agreement upon ninety (90) days written notice to the contractor The Notice of Termination shall specify the extent of the termination and shall be effective ninety (90) days from the delivery of the Notice.

The parties agree that if the termination of the agreement is due to a reduction or deletion of funding by the Department of Finance (DOF), Legislature or Congress, the Notice of Termination shall be effective thirty (30) days from the delivery of the Notice.

The parties agree that for the terminated portion of the agreement, the remainder of the agreement shall be deemed to remain in effect and is not void.

2. Termination with cause
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 comply with any condition of this Agreement; iii. Inadequate performance or failure to make progress so as to endanger performance of this Agreement;
iv. Failure to comply with 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 liquidator 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; ix. The commission of an act of bankruptcy;
x. Finding of debarment or suspension; [Section 7. Debarment, Suspension, and Other Responsibility Matters]
The Contractor’s organizational structure has materially changed; and 519 of 983
Attachment 1 – Older American’s Act and California Department on Aging xi. 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 Termination 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 or agency;
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 of records, making false statements, or receiving stolen property;
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 ADS in writing any incidents of alleged fraud and/or abuse by either Contractor or Contractor’s subcontractor. Contractor shall 520 of 983
Attachment 1 – Older American’s Act and California Department on Aging maintain any records, documents or other evidence of fraud and abuse until otherwise notified by ADS;
c. 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 ADS 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 alternative services;
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 plan as approved by ADS. ADS 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), additional insurance requirements and non-discrimination and other 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 521 of 983
Attachment 1 – Older American’s Act and 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 over15
d. Professional liability of not less than $1,000,000 as it appropriately relates to the services rendered. Coverage shall include medical malpractice and/or errors and omissions. (All programs except Title V).

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. The insurance provided shall be in effect at all times during the term of the contract. In the event the insurance coverage expires during the term of the contract, the contractor agrees to provide County, at least thirty (30) days prior to the expiration date, a new Certificate of Insurance evidencing insurance coverage as provided herein for a period not less than the remaining contract term or for a period not less than one (1) year.

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. 522 of 983
Attachment 1 – Older American’s Act and California Department on Aging 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:
• Clean Air Act, as amended. [42 USC7401]
• Federal Water Pollution Control Act, as amended. [33 USC 1251 et seq.] • Environmental Protection Agency Regulations. [40 CFR 29] [Executive Order 11738]
• State Contract Act [Cal. Pub. Con. Code §10295 etseq.] • Unruh Civil Rights Act [Cal. Pub. Con. Code § 2010]
523 of 983
Attachment 1 – Older American’s Act and 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 the parties.
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 affected 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. Contractor shall comply with all applicable State and federal laws. b. 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. c. 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.
d. The Contractor shall not obligate funds for this Agreement in any subcontracts for services beyond the ending date of this Agreement.
e. The Contractor shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the State or County.
524 of 983
Attachment 1 – Older American’s Act and California Department on Aging f. The Contractor shall maintain on file copies of subcontracts, memorandums and/or Letters of Understanding which shall be made available for review at the request of CDA or County.
g. The Contractor shall monitor the insurance requirements of its subcontractors.

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 by County. 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, law, policy and procedure, licenses and certificates, covenant against contingent fees, compliance, and funding availability UEI Number and Related Information
• 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.
• The Contractor must register the UEI number and maintain an “Active” status within the federal System for Award Management available online at https://www.sam.gov/portal/SAM/#1.
• 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.
525 of 983
Attachment 1 – Older American’s Act and California Department on Aging Contractor’s Staff
a. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under thisAgreement.
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 entity 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 standing by the contracting entity shall result in suspension or termination of this Agreement with County until 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, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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 language 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.
526 of 983
Attachment 1 – Older American’s Act and 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 certification 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 to 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. a. Assistance in Litigation or Administrative Proceedings The County shall make itself, its employees, and agents available to CDA/County at no cost to CDA/County to testify as witnesses in the event of litigation or administrative proceedings being commenced against CDA/County, its director, officers, or employees based upon claimed violation of laws relating to security and privacy, and which involves inactions or actions by the contractor (except where the contractor or its subcontractor, workforce employee, or agent is a named adverse party)
b. No Waiver of Obligations
No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation or shall prohibit enforcement of any obligation on any other occasion. c. No Third-Party Beneficiaries
Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.
527 of 983
Attachment 1 – Older American’s Act and California Department on Aging 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). 528 of 983
Attachment 1 – Older American’s Act and California Department on Aging c. 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.
d. 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.
e. 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 personal 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.
529 of 983
Attachment 1 – Older American’s Act and California Department on Aging f. Any loss, damage, or theft of equipment shall be investigated, fully documented and the Contractor shall promptly notify the County.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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:
a. For another CDA/County program providing the same or similar service. b. For another CDA/County funded program.
l. 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. m. The Contractor shall not use property or supplies acquired under this Agreement with federal and/or State monies for personal gain or to usurp the competitive advantage of a privately-ownedbusiness entity.
n. If purchase of property is a reimbursement item, the property to be purchased will be specified in the budget summary.

Records for California Department of Aging (CDA) Funded Programs a. Contractor shall maintain complete 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 530 of 983
Attachment 1 – Older American’s Act and 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 partially 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 to another 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 the Contractor.
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.

All such records, including confidential records, must be maintained and made available by the contractor for the lesser of 5 years after the closeout report has been issued, or an audit has been performed, unless otherwise authorized in writing by county. 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.
f. Contractor shall make its internal practices, books, and records relating to the use and disclosure of PSCI on behalf of County available to County and CDA upon reasonable request.
531 of 983
Attachment 1 – Older American’s Act and 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 review of:
• Financial closeouts (2 CFR 200.1 and 45 CFR75.2)
• Internal controls (2 CFR 200.303 and 45 CFR75.303)
• Allocation of expenditures (2 CFR 200.1 and 45 CFR75.2) • 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 Requirements
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 audit firm(s). d. The Contractor shall cooperate with and participate 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 audit firms. 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 to75.521
A copy shall be submitted to: [email protected]
532 of 983
Attachment 1 – Older American’s Act and 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 oversight agency. 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. 533 of 983
Attachment 1 – Older American’s Act and 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 (Title III-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 programspecific 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].
534 of 983
Attachment 1 – Older American’s Act and California Department on Aging 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 reported 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 or program;
• 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 - Cost Principles [2 CFR 200.302]
• The Contractor shall document system and expense testing to show an acceptable level of reliability, including a review of actual source documents and;
• 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 and 45 CFR 75.512] ii. Property procured – use procurement standards for auditor selection; [2 CFR 200.509 and CFR 75.509]
iii. Performed in accordance with General Accepted Government Auditing Standards; [CFR 200.514 and 45 CFR 75.514]
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 45 CFR 75.515]
v. Performed in accordance with provisions applicable 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 independent auditor 535 of 983
Attachment 1 – Older American’s Act and California Department on Aging That the Auditor will comply with all applicable audit requirements/standards.

County and CDA 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 the County.

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 Disability Adult Services (ADS) by the tenth (10th) of each month. Program performance data will be submitted in a timely, complete, accurate, and verifiable manner using the ADS 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 ADS, 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 2026 will be due by July 5, 2026, to facilitate timely payment. 536 of 983
Attachment 1 – Older American’s Act and 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 ADS shall have the opportunity to file a written complaint against an ADS 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 correspondence. 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 service denial or discontinuance of 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 ADS. All notifications to the complainant shall include a statement that the complainant may appeal to ADS dissatisfied with the result of the service provider’s review. The levels of resolution are as follows:

First Level: The service provider (ADS Contractor)
Second Level The Health Services Manager over the Commissionsand Provider Services Unit
Third Level: The ADS Director
Fourth (Final) The Chief of the Health System or his/her designee Level:

Appeal Process
a. The Contractor may appeal an adverse determination 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. 537 of 983
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 not reimbursable.

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
Information integrity and security
The contractor shall protect CDA/County PSCI from unauthorized disclosure. The contractor shall not disclose any CDA/County PSCI to anyone other than CDA/County personnel or programs without prior written authorization from the CDA and County.

The contractor and County mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of data from CDA/County containing PHI shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this Agreement, HIPAA.). The contractor agrees to provide the same, or greater, level of protection to CDA data that would be required if the contractor were a Business Associate under HIPAA, regardless of whether the AAA is or is not a Business Associate.

1. To the extent that other state and/or federal laws provide additional, stricter, and/or more protective (collectively, more protective) privacy and/or security protections to CDA/County PSCI beyond those provided through HIPAA, contractor agrees:
a. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPAA or are otherwise more favorable to the individuals whose information is concerned; and
b. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate.
c. Examples of laws that provide additional and/or stricter privacy protections to certain types of CDA/County PSCI, include, but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and 538 of 983
Institutions Code section 5328, and California Health and Safety Code section 11845.5. d. If the Contractor is a Qualified Service Organization (QSO) as defined in 42 CFR section 2.11, the AAA agrees to be bound by and comply with subdivisions (2)(i) and (2)(ii) of that section.

2. Use Restrictions
Th contractor shall not use any CDA/County PSCI for any purpose other than performing the contractor's obligation.

3. Safeguards and Security
The Contractor shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of CDA/County PSCI including electronic CDA/County PSCI that it creates, receives, maintains, uses, or transmits on behalf of CDA/County. The contractor shall develop and maintain a written information privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the contractor’s operations and the nature and scope of its activities. The contractor’s administrative, technical, and physical safeguards shall include, at a minimum:
• Technical Security Controls:

The contractor shall, at a minimum, utilize a National Institute of Standards and Technology Special Publication (NIST SP) 800-53 compliant security framework when selecting and implementing its security controls and shall maintain continuous compliance with NIST SP 800- 53 as it may be updated from time to time. The current version of NIST SP 800-53, Revision 5, is available online at https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final; updates will be available online at https://csrc.nist.gov/publications/sp800. • Removable Media Devices
All electronic files that contain CDA/County PSCI data must be encrypted when stored on any removable media or portable device (i.e., USB thumb drives, floppies, CD/DVD, smart devices, tapes, etc.). PSCI must be encrypted, at a minimum, using a FIPS 140-2 certified algorithm or successor standards, such as Advanced Encryption Standard (AES), with a 128bit key or higher.
• Patch Management:

The Contractor shall apply security patches and upgrades and keep virus software up to date on all systems which PHI and other confidential information may be used. 539 of 983
• Confidentiality Statement:

All people that will be working with CDA/County PSCI must sign a confidentiality statement that includes, at a minimum, General Use, Security and Privacy Safeguards, Unacceptable Use, and Enforcement Policies. The statement must be signed by all people prior to accessing CDA PSCI. The statement must be renewed annually. The contractor shall retain each person’s written confidentiality statement for CDA/County inspection for a period of six (6) years following contract termination.
• Transmission and Storage of PSCI:

All persons that will be working with CDA/County PSCI shall employ with FIPS 140- 3 compliant encryption of PHI, at rest and in motion, unless it has been determined that such encryption is unreasonable and inappropriate based upon a risk assessment and equivalent alternative measures are in place and documented as such.
• Minimum Necessary:

Only the minimum necessary amount of CDA/County PSCI required to perform necessary business functions may be used, disclosed, copied, downloaded, or exported.
• Antivirus Software:

All workstations, laptops and other systems that process and/or store CDA/County PSCI must install and actively use a comprehensive anti-virus software solution with automatic updates scheduled at least daily.
• Data Security:

CDA/County PSCI will be stored separately from other customers’ data. Data will be stored and processed within the continental United States, and remote access to data from outside the continental United States will be prohibited. Data will be encrypted such that unauthorized parties are unable to read the data within the database/data repositories or any backups.
• Mailing:

Mailings of CDA PSCI shall be sealed and secured from damage or inappropriate viewing of PSCI to the extent possible. Mailings which include 500 or more individually identifiable records of CDA PSCI in a single package shall be sent using a tracked mailing method which includes verification of delivery and receipt, unless the prior written permission of CDA to use another method is obtained

4. Return or Destruction of CDA PSCI on Expiration or Termination At expiration or termination of the agreement, if feasible, the contractor shall return or destroy all CDA PSCI that the contractor still maintains in any form and retain no copies of such information. If return or destruction is not feasible, CDA/County and the contractor shall determine the terms and conditions under which the contractor may retain the PSCI.
540 of 983

5. Data Sanitization
All CDA/County PSCI must be sanitized using NIST Special Publication 800-88 standard methods for data sanitization when the CDA/County PSCI is no longer needed
• Survival
If return or destruction of CDA/County PSCI is not feasible, the respective rights, and obligations of the contractor under this Section shall survive the completion or termination of the agreement between the Contractor and County. The Contractor shall also limit further uses and disclosures of CDA/County PSCI to those purposes that make the return or destruction of the information infeasible

6. ICSR:

From time to time, CDA/County may inspect the facilities, systems, books, and records of the contractor to monitor compliance with the safeguards required in the Information Confidentiality and Security Requirements (ICSR). The contractor shall promptly remedy any violation of any provision of ICSR. The fact that CDA inspects, or fails to inspect, or has the right to inspect, the contractor’s facilities, systems, and procedures does not relieve the contractor of its responsibility to comply with ICSR.

7. Employee Discipline:

Appropriate sanctions must be applied against persons who fail to comply with privacy policies and procedures or any provisions of these requirements, including termination of employment where appropriate.

8. Special Provision for SSA Data
If the AAA receives data from or on behalf of CDA/County that was verified by or provided by the Social Security Administration (SSA Data) and is subject to an agreement between CDA/County and SSA, the contractor shall provide, upon request by CDA/County, a list of all employees and agents who have access to such data, including employees and agents of its agents, to CDA/County. • Information collected and/or accessed in the administration of the County 541 of 983

9. Disclosure Restrictions
The contractor shall protect CDA/County PSCI from unauthorized disclosure. The contractor shall not disclose. Any CDA/County PSCI to anyone other than CDA/County personnel or programs without prior written authorization from the CDA/County.

The contractor and County mutually agree that the creation, receipt, maintenance, transmittal, and disclosure of data from CDA/County containing PHI shall be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing privacy and security regulations at 45 CFR Parts 160 and 164 (collectively and as used in this Agreement, HIPAA.). The contractor agrees to provide the same, or greater, level of protection to CDA/County data that would be required if the contractor were a Business Associate under HIPAA, regardless of whether the contractor is or is not a Business Associate.

To the extent that other state and/or federal laws provide additional, stricter, and/or more protective (collectively, more protective) privacy and/or security protections to CDA/County PSCI covered under this Program Guide beyond those provided through HIPAA, contractor agrees:
a. To comply with the more protective of the privacy and security standards set forth in applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPAA or are otherwise more favorable to the individuals whose information is concerned; and
b. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate. c. Examples of laws that provide additional and/or stricter privacy protections to certain types of CDA/county PSCI, include, but are not limited to the Information Practices Act, California Civil Code sections 1798-1798.78, Confidentiality.
542 of 983

10.Breaches and security incidents:
• The contractor shall notify CDA/County immediately by email or telephone of the discovery
of
a. Unsecured CDA/County PSCI if the CDA/County PSCI is
reasonably believed to have been accessed or acquired by an unauthorized person.
b. Any suspected security incident which risks unauthorized access to CDA PSCI and/or other confidential information.
c. Any intrusion or unauthorized access, use, or disclosure of CDA PSCI in violation of this Agreement; or
d. Potential loss of confidential data affecting this agreement. e. Notice via email shall be made using the current CDA 1025 “Information Security Incident Report” forms and shall include all information known at the time the incident is reported. The forms are available online at: https://aging.ca.gov/Information_security/ f. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of CDA PSCI, the AAA shall take:
i. Prompt corrective action to mitigate any risks or
damages involved with the security incident or breach;
and
ii. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State laws and regulations. • Investigation of Security Incident or Breach
County shall immediately investigate such security incident, breach, or unauthorized use or disclosure of CDA/County PSCI.
• Complete Report
The Contractor shall provide a complete report of the investigation to County within (10) working days of the discovery of the breach or unauthorized use or disclosure.

The complete report must include an assessment of all known factors relevant to a determination of whether a breach occurred under applicable federal and state laws.

The report shall include a full, detailed corrective action plan including information on measures that were taken to halt and/or contain improper use or disclosure. If CDA/County requests information in addition to this report, the contractor shall make reasonable efforts to provide CDA/County with such information. CDA/County will review and approve or disapprove the contractor’s determination of whether a breach occurred, whether the security incident or breach is reportable to the appropriate entities, if individual notifications are required, and the contractor’s corrective action plan.

If the AAA does not submit a complete report within the ten (10) working day timeframe, the AAA shall request approval from CDA within the ten (10) working day timeframe of a new submission timeframe for the complete report. • Notification of Individuals
If the cause of a breach is attributable to the AAA or its agents, the AAA shall notify individuals accordingly and shall pay all costs of such notifications as well as any 543 of 983
costs associated with the breach. The notifications shall comply with applicable federal and state law. CDA shall approve the time, manner, and content of any such notifications and their review and approval must be obtained before the notifications are made.
• Responsibility for Reporting Breaches to Entities other than CDA/County If the cause of a breach of CDA PSCI is attributable to the AAA or its subcontractors, the AAA is responsible for all required reporting of the breach as required by applicable federal and state law.

11.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 to County.

12. 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.

13. 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.

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 544 of 983
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 ADS. The State via ADS 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 545 of 983
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 of any 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 program 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 delivered under this Agreement.

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).

In the case of small contracts, not over $100,000 in the aggregate, 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. [22 CCR 7352(g)] Although a competitive process is not required, a Pre-Award Review is required for small contracts with for-profits, as follows:
a.

Pre-Award Review: Prior to informally selecting the for-profit entity with which to contract or obtain the purchase, the Contractor shall submit the following to County for review and approval for small contracts (under $100,000 in the aggregate) :
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 on individual bidder letterhead. 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 details as to the requirement(s) that have not been met.
c. The Contractor shall maintain all of the following for a period of three (3) years after final payments are made and all other pending matters are closed: 1) Copies of all approved bids or proposals and any amendments or 546 of 983
changes thereto; 2) A statement of the criteria used to approve awards; 3) Copies of the award documents and contracts entered into pursuant to section 7364; 4) Other information as required by 45 CFR 92.36(b), [CCR Title II, Section 7352(h), as well as County’s determination letter. d. Because “requirements” under a particular contract likely have distinct and itemized values, considering these distinct values together likely provides the most reasonable way of viewing the meaning of “aggregate” for purposes of determining whether the small contract procurement procedures may be used for a particular contract under 22 CCR 7352(g). As such, aggregate likely means the combined total estimated value of each requirement for a particular contract. This would require each AAA to assess its known contract requirements in the planning phase and estimate the value of each requirement. If those requirements in the aggregate are not more than $100,000, the small contract procedures may be used.
c. Contracts over $100,000 in the aggregate for any entity must follow an open and competitive process [CCR 7352].

The AAA shall, prior to the awarding of a contract to any for-profit entity, submit the following to CDA for review and approval:
a. The Request for Proposal (RFP) or Invitation for Bid. [22 CCR 7362(a)(1)] b. All bid proposals received. [22 CCR 7362(a)(2)]
c. The proposal or bid evaluation documentation, along with the AAA’s rationale for awarding the contract to a for-profit entity. [22 CCR 7362(a)(3)]. d. Description and documentation of dissemination of information concerning the RFP to elicit adequate competition. [22 CCR 7356].

County will provide a determination letter within fifteen (15) days of receipt of all required documentation confirming that the AAA has satisfied the requirements of a competitive award to a for-profit entity or will provide details as to the requirement(s) that have not been met.

The contractor must maintain all documentation on file that supports a competitive award to a forprofit entity, as well as CDA’s determination letter.

Where a program may be contracted to a for-profit organization, the contractor should include in its contract with the for-profit entity, a requirement for performance of a program specific audit of the subcontracted program by an independent audit firm.

The contractor shall utilize procurement procedures as follows:

The contractor shall obtain goods and services through open and competitive awards. Each contractor shall have written policies and procedures, including application forms, for conducting an open and competitive process, and any protests resulting from the process.

For goods and services purchased with Title III or Title VII funds, the procurement procedures must include, at a minimum, the requirements set forth in 22 CCR 7352. The only exceptions are contained in 22 CCR 7360(a) and 22 CCR 7360(d). The Contractor issuing a noncompetitive award must comply with 22 CCR 7360(b)-(d).
547 of 983
K. Marketing materials, publication conditions, 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.

The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the contractor and financed with funds under this agreement shall include the following funding disclaimer:
a. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.

Contractors and subcontractors that produce educational materials that mention the CDA name (outside of the funding disclaimer) or use the CDA logo must receive approval from the CDA Office of Communications prior to production.

Contractors that produce PE&I materials must receive written approval from the CDA Office of Communications if the CDA is mentioned anywhere other than within the funding disclaimer, or if the CDA logo is used. Subrecipients should allow a minimum of ten (10) business days for approval; they should contact the CDA Office of Communications for assistance ([email protected]).

All materials used in the production of public outreach materials paid for with grant funds are the property of the County and the CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). The CDA reserves the right to use materials developed by contractor.

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

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

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, 548 of 983
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, 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
The contractor shall assure that publications, press releases, paid and earned advertisements, outreach and media, media and kick-off events, educational materials and public notice conditions are met by ensuring that:

Materials published or transferred by the County and financed with funds under this agreement shall include the following funding disclaimer:
a. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.

Any materials that utilize the CDA logo or name (outside of the funding disclaimer), require approval by the CDA Office of Communications prior to publication and dissemination. The use of the CDA logo and CDA mention outside of the funding disclaimer is at the discretion of the AAA. If the CDA logo or CDA mention is used, the AAA/County shall email the draft language and materials a minimum of ten (10) business days in advance of publication and dissemination to [email protected] and the appropriate CDA Program staff point of contact.

Language and materials submitted will be assessed in batches on the first and fifteenth of each month, with a minimum of ten (10) business days approval period.

Approval Requirements for Advertising and Public Relations 549 of 983
Approval Required Materials that use the CDA logo, including:
• Paid advertising
• Earned advertising
• Outreach materials
• Educational materials
• Media events
• Public notices
No Approval Required:
• Materials that only mention CDA in the funding disclaimer “The materials were funded by a contract with the California Department of Aging.” without using the CDA logo.
• Materials that do not mention the CDA name or use the CDA logo.

Social Media Posts
Approval Required:
• Social media posts that mention the CDA name or use the CDA logo No Approval Required:

No approval required:
• Social media posts that do not mention the CDA name or use the CDA logo, even if CDA funds are involved.
• Tagging @calaging on X, Facebook or LinkedIn is optional but encouraged to keep CDA informed about your organization’s activities.

Submission Process
Submit language and materials needing approval to [email protected] • Review timeline: Typically, within ten (10) business days • Review dates: First and fifteenth of each month
• Urgent requests: Notify Office of Communications if expedited approval is needed 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:

1. The copyright/trademark in any work developed under a grant, sub grant or contract under a grant or sub grant.

2. Any rights of copyright/trademark to which a Contractor purchases ownership with grant funds. 550 of 983
Exhibit A – Page 1

EXHIBIT A

CITY OF SAN MATEO
FY 2025-26 DESCRIPTION OF SERVICES
Contractor shall operate the following Older Americans Act (OAA) and County funded program(s): Congregate Nutrition. Services described in this Exhibit A reflect program performance requirements (units of service) during fiscal year July 1, 2025, through June 30, 2026. These programs shall operate in accordance with the California Department of Aging (CDA) and/or State licensing regulations and the standards and requirements established by Aging and Disability Services (ADS) of San Mateo County.

Definitions Specific to Title III and Title VII Programs

1. 2.

Caregiver Assessment means a defined process of gathering information to identify the specific needs, barriers to carrying out caregiving responsibilities, and existing supports of a family caregiver or older relative caregiver, as identified by the caregiver involved, to appropriately target recommendations for support services described in OAA §373(b). Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone, or teleconference, or in-person interaction. [OAA §372(a)(1)]
Child means an individual who is not more than eighteen (18) years of age, and has not yet attained the statutory age of majority [Cal. Fam. Code §§ 6500-6502].

3. 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.

4. 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 551 of 983
Exhibit A – Page 2
solicited in accordance with the following requirement [OAA § 315(b)]:
a. Means tests shall not be used by any Contractor for any Title III or Title VII Services;
b. Services shall not be denied to any Title III or Title VII client that does not contribute toward the cost of the services received; c. Methods used to solicit voluntary contributions for Title III and Title VII services shall be non-coercive;
d. Each service provider will:
(1)
(2)
Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
Clearly inform each recipient that there is no obligation to contribute and that the contribution is purely voluntary; • Donation letters may not resemble a bill or a statement [OAA§315(b)]
(3) Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution; • Individual client’s donations shall not be tracked by accounts receivable [OAA §315(b)(4)(C)]
(4) Establish appropriate procedures to safeguard and account for all contributions;
(5) Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Act.

4. 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 County 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 participate 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 ADS as beneficial to the integrity of program requirement compliance. Contractor agrees to provide requested programmatic and administrative documentation and the availability of key staff as part of the contract monitoring process.
552 of 983
Exhibit A – Page 3

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

9. Services are provided only 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 Department 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”.

Public Education and Information (PE&I) materials financed with funds from this agreement should include the following disclaimer:
a. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.
a. PE&I falls into two categories: Educational – materials that educate and inform an audience such as activity books, coloring books, brochures, and posters.
b. 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 and CDA does NOT allow CDA funds to be used for this purpose.

Any educational materials that mention the CDA name (outside of the funding disclaimer) or use the CDA logo must receive approval from ADS.

All materials used in the production of public outreach materials paid for with grant funds are the property of the County and CDA (i.e., data, plates, digital files, camera-ready artwork, designs, concepts, photographs, video and audio). CDA reserves the right to use materials developed by the Contractor.

Questions regarding the inclusion, size or placement of the CDA logo should be directed to the County.

All documents produced must comply with Federal Acquisition Regulation, Section 508 which governs document accessibility.
553 of 983
Exhibit A – Page 4
Advertising and public relations financed with funds from this agreement shall include the following disclaimer:
a. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.

Any materials that utilize the CDA logo or name (outside of the funding disclaimer) require approval by ADS.

If the CDA logo or CDA mention is used, the Contractor shall email the draft language and materials a minimum of ten (10) business days in advance of publication and dissemination to ADS.

Language and materials submitted will be assessed in batches on the first and fifteenth of each month, with a minimum of ten (10) business days approval period.

General Guidance
A. The Contractor shall:

1. Implement the statutory provisions 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 reduced or otherwise changed 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 effective and efficient implementation of the activities as described in the Area Plan and all pertinent State and federal laws and regulations including data reporting requirements.

3. Meet the adequate proportion requirements 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 eligible 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 inhome services as required under OAA § 301(a)(1)(D). 554 of 983
Exhibit A – Page 5

8. Conduct and/or promote activities for 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 by the California Retail Food Code (CalCode).

13. Develop a policy and procedure to ensure 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 collection and reporting system as specified in Exhibit E of this Agreement.

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

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

18.R 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 555 of 983
Exhibit A – Page 6
references in the U.S. Department of Health and Human Services’ (HHS) statutes, regulations, or policy transmittals will be interpreted to include same-sex spouses and marriages legally entered to 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.

I. Congregate Meals
A. Congregate Meals: To maintain or improve the physical and social wellbeing 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;
556 of 983
Exhibit A – Page 7
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) 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 program funding, including the Federal Title IIIC1 and Federal Title IIIC2.

Eligible ServicePopulation for Title III C1 and C2 means 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 older individuals residing in rural areas. [OAA §305 (a)(2)(E), 22 CCR 7125, 7127, 7130, 7135].

A. Program Definition
Title III C-1 (Congregate Nutrition Services) means nutrition services provided to older individuals in an in-person or virtual 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 C1 congregate nutrition site, the site must meet all of the following criteria: [22 CCR 7638.7(a)]

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

2. Not 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, equipment, or services. [2 CFR 200.403(f)][45 CFR75.403(f)] To-Go Meals means meals that are picked up by individuals 60 years of age or older (or their agent) or delivered to individuals 60 years of age or older who are not comfortable dining in a congregate meal setting.

C1: To-Go meals are categorized as C-1 meals if they are consumed onsite and include in-person interaction (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.

C2: To-Go meals are categorized as C-2 meals if they are consumed offsite without inperson or virtual interaction. 557 of 983
Exhibit A – Page 8
a. Individuals eligible to receive a meal at a congregate nutrition site are:
• Any older individual.
• The spouse of any older individual.
• 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. • A disabled individual who resides at home with and accompanies an older individual who participates in the program.
• 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)] 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 Incentive Program (NSIP) means the program whose purpose is to provide incentives to encourage and reward effective performance by AAAs in the efficient delivery of nutritious 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 Area 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. 4.

A disabled individual who resides at home with and accompanies an eligible individual who participates in the program;and 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 OAA 339(H)]
Contractor agrees to offer services throughout the twelve-month contract period, unless prior written approval is received from ADS. 558 of 983
Exhibit A – Page 9
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
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.
559 of 983
Exhibit A – Page 10
D.

Units of Service
Contractor agrees to provide 3,840 senior congregate meals and 4 Nutrition Education sessions.

Unit Definitions
A meal provided to an eligible individual in his or her place of residence that meets all of the requirements of the OAA and State/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: 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: Hour
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 physical 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 sensitive, regionally appropriate, and considers personal preferences; and is overseen by a registered dietitian or individual of comparable expertise as defined in the OAA Unit of Service: Session
560 of 983
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 operate 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 ADS;

2. Providers must establish operational 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 associated with Title III C-1, C-2 and NSIP are in accordance 22 CCR 7638.7(a)(1)-(4).
561 of 983

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)]

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

7. Title III C meals are compliant 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 discourage practice of participants bringing home-cooked food to share with other participants during the congregate meal service;

11. Nutrition providers of Title III C programs shall annually assess the client’s nutrition using the Determine Your Nutritional Risk checklist published by the Nutrition Screening Initiative, included in the ADS nutrition intake tool. [OAA §339(2)(J)] [OAA§207(a)(3)];
a. 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 nor are they eligible for reimbursement;

13. Title IIIC funds may not be used to purchase food to distribute separately from the approved meal;
562 of 983

14. Ensure that the food employee who has a food safety certificate issued pursuant 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;

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

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 required 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.
563 of 983

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).
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.
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
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, nonsenior spouse of an eligible client, and non-senior volunteers. The sign must also state that services will not be denied if a contribution is notmade. a. All contributions are to be anonymous andvoluntary;
b. Contributions from eligible clients (project income) are to be used to expand or support the meal service;
c. 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)
d. 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; e. All outreach materials, websites and publicity regarding the program shall attribute partial funding from the Older Americans Act and County of San Mateo.

20. 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.); 564 of 983

21. Notify ADS 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.;

22. Each congregate meal provider shall:
(1) 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:
(4) Have a paid staff or volunteer designated to be responsible for the dayto-day activities at each site, and physically be on-site during the time that Elderly Nutrition Program activities are taking place.
(5) Have restrooms, lighting, and ventilation which meet the requirements of the CURFFL.
(6) 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.

Ensure Title III C meals meet the nutrition requirements of meals:
(1) Comply with the most current Dietary Guidelines for Americans. (2) 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.
(3) 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 meal participants. An annual needs assessment shall be performed by the nutrition services provider to make this determination.

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

Meal Prep and Meal Requirements:
565 of 983

1. Meal Prep and Meal Requirements: Submit menus the month prior to the meal service for approval by the ADS 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 and appropriate;

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 storing in any way if it includes any fat, oil, or shortening; b. Beginning January 1, 2010, no oil, shortening or margarine 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).

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, at least every other year on-site. Generally accepted standards for food safety, County policies and procedures must guarantee the following:
a. County RD monitoring of each food facility annually on-site. b. County RD monitoring of non-food facility nutrition sites (i.e., sites that do not store, prepare, package, or portion food) at least every other year on-site. c. County RD monitoring of non-food facility nutrition sites more often if they are at increased risk for food safety violations or have a history of corrective actions. 566 of 983

4. Ensure that the food employee who has a food safety certificate issued pursuant 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;

5. Safetyof the foodafterithas 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 deemsappropriate.

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 dayto-day management and administrative functions of the Elderly Nutrition Program, and either have (a), (b), or (c):
a. Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years experience as a food service supervisor, or,
b. Demonstrate experience in food service, such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, or,
c. Two 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 minimum, 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 Program. The total number of staff shall be based on the method and level of services provided, and size of the service area.
567 of 983

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 instructions in the language of the majority of the participants for handling and reheating of the meals;

2. A yearly written plan for a minimum of four quarterly staff/volunteer training 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, 2025 a. The ADS 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 must be developed, implemented, and maintained on file by the nutrition provider. Plans must be approved and finalized by August 1, 2025. a. The ADS registered dietitian must approve the training curriculum. b. Documentation of sessions must include attendees’ evaluations and attendance records.
provider. Plans must be approved and finalized by August 1, 2023. r.f. The AAS registered dietitian must approve the training curriculum. s.g. Documentation of sessions must include attendees’ evaluations and attendance records.

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. ADS reserves the right to disallow payment for the meal if Contractor is out of compliance; 568 of 983

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 County, 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 III. Reporting Provisions
• Data Reporting: Monthly, quarterly and annual reports of data including units of service, client counts, demographics and other data as required by ADS and/or the CDA will be expected to be completed and submitted in a timely manner on required forms.
• Program Changes: ADS shall be notified in writing and approve of (at least thirty (30) days in advance of implementation) any plan for change in the service resulting from the relocation of a facility, a route change or termination, reducing the number of service days and hours of operation or change in staff.
• The Contractor shall have written procedures to assure that all submitted performance data is timely, complete, accurate, and verifiable. • 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 ADS fiscal and/or program staff. • Quarterly, the Contractor shall submit data reports for OAA-funded programs as follows:
569 of 983
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
570 of 983
Exhibit B
1 EXHIBIT B

CITY OF SAN MATEO
FY 2025-26 FISCAL SUMMARY
Contractor shall operate the following Older Americans Act (OAA) programs: Congregate Nutrition program services. Services described in this Exhibit B reflect program funding and payment method during fiscal year July 1, 2025, through June 30, 2026. This/These programs shall operate in accordance with the California Department of Aging (CDA) and/or state licensing regulations, applicable federal laws, and the standards and requirements established by Aging and Disability Services/County of San Mateo (County).

Federal funds shall not be used to pay for costs to meet cost sharing, or matching requirements of any other federally funded program, unless the program specifically allows for such activity.

Contractor shall not submit claims or demands or otherwise collect from an additional funding source for a service where a “Comprehensive Basic Daily Rate” of reimbursement is being applied.

During July 1, 2025, through June 30, 2026, County will pay Contractor for the following services as follows:

Program Services
FY 25-26
Units of
Service
Units Funding Source FY 25-26
Allocation
Congregate
Nutrition Meals/Baseline 3,840 meal III C1 $32,238
Nutrition
Education 4 session III C1 $172
State General
Fund State III C1 $9,577
County
General Fund County $6,109
TOTAL $48,096
571 of 983
Exhibit B
2 Contractor agrees to the following:

A. Contractor shall expend all funds received hereunder in accordance with this Agreement;
B. Contractor is responsible for covering the cost of all components of each program outlined above and shall be reimbursed for actual expenditures 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 nutrition 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:
• 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 any rates the Contractor is obligated to pay under other contractual agreements. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the County. [SCM 3.17.2.A(4)] ; 572 of 983
Exhibit B
3 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 compliance 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 records 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, and shall be maintained in accordance with Generally Accepted Accounting Principles and Procedures and the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; [2 CFR, 200] [45 CFR 75].

H. Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR 200.302 and 45 CFR 75.302 • Financial Reporting;
• Accounting Records;
• Complete Disclosure;
• Source Documentation;
• Internal Control;
• Budgetary Control;
• Cash Management (written procedures);
• 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 that 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 enforceable only if sufficient funds are made available to the State by the United States
Government or the Budget Acts of the appropriate fiscal years 573 of 983
Exhibit B
4 for purposes of this program(s). In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

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
574 of 983
Exhibit B
5 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)]

2. Interest earned on advances of federal and nonfederal 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 nonfederal cash resources. d. A foreign government or banking system
prohibits or precludes interest bearing accounts.

N. Actual Expenditures means the allowable costs occurring during each month’s billing cycle;
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:
• Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements;
• Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor; and
575 of 983
Exhibit B
6 • 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 matching contributions for Title III-B, not including Ombudsman, and III-C is 10.53%.

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

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 provided 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 revised budget to County when one or the cumulative line item budget 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 line item budget
576 of 983
Exhibit B
7 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 financialrecords.

3. Final budget revision containing 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.
a. Transfer of federal baseline funds is allowable between Titles III B and III C in accordance with OAA § 308(b)(5)(A) and between Titles III C1, and III C-2 in accordance with OAA § 308(b)(4)(A). b. Transfer of State funds is allowable between Title III C-1 General Fund and Title III C-2 General Fund.

2.Transfer of funds cannot be processed or approved after 2/28/2026 S. In-kind Contributions mean the value of non-cash contributions donated to support the project 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 contractsupported activities. 577 of 983
Exhibit B
8 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 allowable costs of the program in the same fiscal year that the income was earned (except as noted in 4)

3. For Title III-B, III-C, III-D, III-E, VII Ombudsman, and VII-A Elder Abuse Prevention programs, Program Income must be spent 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.
578 of 983
Exhibit B
9 3. Titles III and VII federal 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.
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 allowable for indirect costs is 10% of the Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment.

Indirect costs shall not exceed 10% of the Contractor’s MTDC per funding category.

2. 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 579 of 983
Exhibit B
10 3.
(regardless of the period of performance of the subawards under the 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 serious 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.

4. 5.

Indirect costs exceeding the 10% maximum may be budgeted as in-kind for purposes of meeting matching requirements (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 reimbursable items, unit rates and extended total amounts for each line item. The Contractor’s Budget shall 580 of 983
Exhibit B
11 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 nonfederal entity; 3) Reasonably reflect the total activity for which the
employee is compensated by the non-Federal entity,
not exceeding 100% of compensated 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; and
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. Fringe 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.

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

Rent-Total cost per funding source.

6. Property/Equipment - detailed descriptions and unit costs, specified for each fund source
581 of 983
Exhibit B
12 7. Supplies – to include items below the $5,000 equipment threshold, specified for each fund source.

8. 9.

10. Contractual costs-subcontractor 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 submission 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.

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 X. 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 2026, will require a reconciliation of year-to-date outcomes. Based on these outcomes, a budget revision may be required.

Ab. Submit client intake forms as appropriate, monthly program reports, and invoices by the tenth (10th) of each month. Upon notification from County, the Contractor must correct inaccurate invoices and corresponding reports in order to receive reimbursement. Invoices must reflect the provision of 582 of 983
Exhibit B
13 services and the usage of funds each month throughout the entire contract period. Supporting 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 the month of service may not be reimbursed. Invoice(s) for June 2026 will be due by July 7, 2026, 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 contract 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, 2026.

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:
• General ledger of expenditures for the contracted program; • Applicable payroll register;
• Lease agreements and allocation percentage for rent cost; • Equipment invoices; and
• Vendor invoices for large purchases.
583 of 983
Exhibit C
Older Americans Act (OAA) Program Quality and Outcome Measures In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, Contractor shall try to meet the below performance measures:
90% of respondents will answer “yes” to the measurement below:

1. Would you recommend these services to a friend or family member? (yes/no)

2. Have the services you received helped you? (yes/no)
584 of 983
Last revised: March 26, 2024
Effective date: July 1, 2024
Field Required/Optiona
l for System
Required/Optional for
Reporting Data Type/Format Comments
Participant ID Required by System R:RegSrvsFCSP ** INTEGER Unique identifier for each participant assigned by your system.

First Name Required by System Optional ** TEXT
Last Name Required by System Optional ** TEXT
Middle Name Required by System Optional ** TEXT
Birth Date Required by System R:RegSrvsFCSP ** YYYY-MM-DD When missing, submit value of "0000-00-00" or "0" for this field.

Social Security Number Required by System Optional ** TEXT, ###-##-#### If only last four digits are recorded, enter xxx-xx-#### Address Line 1 Required by System Optional ** TEXT
Address Line 2 Required by System Optional ** TEXT
City Required by System Optional ** TEXT
Zip code Required by System R:RegSrvsFCSP ** ##### or #####-#### Home Phone Number Required by System Optional ** (###)###-####EEEEE # for numbers, E for extension Other Phone Number Required by System Optional ** (###)###-####EEEEE # for numbers, E for extension Rural Designation*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col A,B Sex at Birth*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col C,D Gender*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col E, F Gender not listed, specify Situational Optional ** TEXT Answer is required if Gender = 6.

Sexual Orientation*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col G,H Sexual Orientation not listed, specify Situational Optional ** TEXT Answer is required if Sexual Orientation = 5.

Race*** Required by System R:RegSrvsFCSP ** MULTI-SELECT TEXT, Race1;Race2;Race4 (1;2;4) Refer to Lookup Tables Sheet Col I,J Ethnicity*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col K,L Poverty Status*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col M,N Living Arrangement*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col O,P Employment Status*** Required by System Optional ** INTEGER Refer to Lookup Tables Sheet Col Q,R Relationship Status*** Required by System R:FCSP Only ** INTEGER Refer to Lookup Tables Sheet Col S,T Veteran Status*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col AN, AO.

Send answer if date of consent is within 365 days of the last date of the quarter being sent.

CARS (CA-GetCare) File Specifications
Instructions: Each section represents a separate tab delimited flat file (seven total). Respond to each data element in order. Most fields have defined values to ensure consistency (please see the worksheet labeled "Lookup Tables" for these values). No blank values should be submitted, unless explicitly allowed per these specifications. To reduce file errors and rejections, we request that AAAs not include any labels in the data file (i.e. headers such as "Participant ID", "Birth Date", "First Enrollment Date", etc.).

Submitted client identifiers will be stored in an encrypted database.

Cumulative Submission Rule: AAAs should submit cumulative data with each submission as follows:

The first submission will contain Q1 data.

The second submission will contain Q1 and Q2 data.

The third submission will contain Q1, Q2, and Q3 data.

The fourth (and final) submission will contain Q1, Q2, Q3, and Q4 data (i.e. data for the entire fiscal year).

Note: This cumulative submission process will allow you to correct previously submitted data without adjusting old files. For example, if you realize that your first submission omitted 10 home delivered meals, simply include these counts in your second submission. The CARS system will automatically adjust Q1 numbers accordingly.

Ten Day Approval Rule: Once an Area Agency on Aging receives notification that their submission has "passed," they will have 10 working days to review and approve a summary of their data in the CARS system. If a AAA does not approve their submission within 10 working days, CDA will have the option to view these data. Note: If you realize that you uploaded incomplete and/or incorrect data that does not match the information in your local software, please make any necessary corrections to your files and resubmit them within 10 working days from the original submission. If you know that the data uploaded do not reflect actual service and/or client counts (for example, due to a contracted provider not collecting one or more required data elements) but does accurately reflect all available information, "approve" your data as usual but note this discrepancy in the "comments" box.

Client/Caregiver File*

Page 1 of 5 ends

San Mateo City CouncilJuly 28, 2025

San Mateo City Council
July 28, 2025