Exhibit A - City of SSF - Congregate_ADC_Transportation_Agreement — South San Francisco City Council, September 9, 2026

Agreement No. 57000FY27R081950J

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SOUTH SAN

FRANCISCO
This Agreement is entered into this ________________, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and the City of South San Francisco, 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, adult day care and transportation services.

Whereas, the award of this Agreement is made pursuant to:

1. Assistance Listings Title and Number:
a. 93.045 – Older American Act Title III – Congregate Meals b. 93.044 – Older American Act Title III – Supportive Services

2. Federal Unique Entity ID: EES4XJFTXC28

3. Federal Award Identification Number (FAIN): 2601CAOACM-00 and 2601CAOASS-00

4. Federal Award Date: 3/27/2026

5. Federal Award Period of Performance: October 1, 2025 – September 30, 2027

6. Federal Award Project Descriptions (FFATA):
a. To provide grants to States and U.S. Territories to support nutrition services including nutritious meals, nutrition education and other appropriate nutrition services for older adults in order to maintain health, independence and quality of life. Meals and nutrition services are to be served in a congregate setting or delivered to the home, if the older adult is homebound. b. To encourage State Agencies on Aging and Area Agencies on Aging to concentrate resources to develop and implement comprehensive and coordinated community-based systems of service for older individuals via Statewide planning, and area planning and provision of supportive services, including multipurpose senior centers. The objective of these services and centers is to maximize the informal support provided to older Americans to enable them to remain in their homes and communities. Providing transportation services, in-home services, and other support services, this program insures that elders receive the services they need to remain independent.

Whereas, County is hereby awarding the following Federal Funds:

7. Amount of Federal Funds obligated by this action to sub-recipient:

8. Indirect Cost rate for Federal Award: 15% of the Modified Total Direct Costs

9. This is not a Research and Development award
Now, therefore, it is agreed by the parties to this Agreement as follows:

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

Exhibit A—Services
Exhibit B—Payments and Rates
Exhibit C—Performance Measures
Exhibit D—Special Terms and Conditions
Attachment F—CARS Specification
Attachment G—Focal Point Contact List
Attachment H—Self-Attestation Form
Attachment I—§ 504 Compliance

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

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed

ONE HUNDRED AND FOURTEEN THOUSAND, NINE HUNDRED AND SEVEN DOLLARS ($114,907). 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
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2026 through June 30, 2027.

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 Exhibit A
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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:
(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, Exhibit A
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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.

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 ,
Exhibit A
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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.

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

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

12. Levine Act Compliance
The Contractor certifies and warrants that Contractor has fully complied, and will remain in full compliance, with all applicable requirements of the Levine Act in connection with this Agreement, including making any required disclosures of campaign contributions to County Officers, which includes but may not be limited to elected County Officers. Elected County Exhibit A
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Officers include members of the San Mateo County Board of Supervisors, as well as the Assessor-County Clerk-Recorder, Controller, Coroner, District Attorney, Sheriff, and Tax Collector-Treasurer. Any campaign contribution required to be disclosed under the Levine Act in connection with this Agreement shall be disclosed on the disclosure form provided by the County of San Mateo Levine Act Disclosure Form, a copy of which is available from the County upon request.

13. Non-Discrimination and Other Requirements

13.1. 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.

13.2. 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.

13.3. 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.

13.4. 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.

13.5. 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.

13.6. 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 Exhibit A
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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.

13.7. 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.

13.8. 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.

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

15. 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.

16. 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.

17. 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 Exhibit A
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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.

18. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via 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: 2000 Alameda de las Pulgas Suite 200, San Mateo, CA, 94403 Telephone: 650-670-5371
Email: [email protected]
In the case of Contractor, to:

Name/Title: Kasey Jo Cullinan, Rec. & Comm Services Supervisor Address: 601 Grand Avenue, South San Francisco, CA 94080 Telephone: (650) 829-3822
Email: [email protected]

19. 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.

20. 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.

21. Health Insurance Portability and Accountability Act (HIPAA)

21.1. DEFINITIONS
Terms used, but not otherwise defined, in this Schedule shall have the same meaning as those terms are defined in 45 Code of Federal Regulations (CFR) sections 160.103, 164.304, and 164.501. All regulatory references in this Schedule are to Title 45 of the Code of Federal Regulations unless otherwise specified.

Exhibit A
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a. Business Associate. “Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and in reference to the parties to this agreement shall mean Contractor.
b. Covered Entity. "Covered entity" shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement shall mean County.
c. HIPAA Rules. "HIPAA rules" shall mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR part 160 and part 164, as amended and supplemented by Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009. d. Designated Record Set. "Designated Record Set" shall have the same meaning as the term "designated record set" in Section 164.501.
e. Electronic Protected Health Information. "Electronic Protected Health Information" (EPHI) means individually identifiable health information that is transmitted or maintained in electronic media; it is limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity.
f. Individual. "Individual" shall have the same meaning as the term "individual" in Section 164.501 and shall include a person who qualifies as a personal representative in accordance with Section 164.502(g).
g. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E. h. Protected Health Information. "Protected Health Information" (PHI) shall have the same meaning as the term "protected health information" in Section 160.103 and is limited to the information created or received by Business Associate from or on behalf of County. i. Required By Law. "Required by law" shall have the same meaning as the term "required by law" in Section 164.103.
j. Secretary. "Secretary" shall mean the Secretary of the United States Department of Health and Human Services or his or her designee.
k. Breach. The acquisition, access, use, or disclosure of PHI in violation of the Privacy Rule that compromises the security or privacy of the PHI and subject to the exclusions set forth in Section 164.402. Unless an exception applies, an impermissible use or disclosure of PHI is presumed to be a breach, unless it can be demonstrated there is a low probability that the PHI has been compromised based upon, at minimum, a four-part risk assessment:

1. Nature and extent of PHI included, identifiers and likelihood of re-identification; 2.

Identity of the unauthorized person or to whom impermissible disclosure was made; 3.

Whether PHI was actually viewed or only the opportunity to do so existed; 4. The extent to which the risk has been mitigated.
l. Security Rule. "Security Rule" shall mean the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C.

Exhibit A
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m. Unsecured PHI. “Unsecured PHI” is protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in relevant HHS guidance. n. Security Incident. "Security Incident" shall mean the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with systems operations in an information system. “Security Incident” includes all incidents that constitute breaches of unsecured protected health information.

21.2. OBLIGATIONS AND ACTIVITIES OF CONTRACTOR AS BUSINESS ASSOCIATE a. Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by the Agreement or as required by law. b. Business Associate agrees to use appropriate safeguards to comply with Subpart C of 45 CFR part 164 with respect to EPHI and PHI, and to prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement. c. Business Associate agrees to make uses and disclosures requests for Protected Health Information consistent with minimum necessary policy and procedures. d. Business Associate may not use or disclose protected health information in a manner that would violate subpart E of 45 CFR part 164.504 if used or disclosed by Covered Entity. e. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. f. Business Associate agrees to report to County any use or disclosure of Protected Health Information not authorized by this Agreement.
g. Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by Business Associate on behalf of County, agrees to adhere to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. h. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to provide access, at the request of County, and in the time and manner designated by County, to Protected Health Information in a Designated Record Set, to County or, as directed by County, to an Individual in order to meet the requirements under Section 164.524.
i. If Business Associate has Protected Health Information in a Designated Record Set, Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the County directs or agrees to make pursuant to Section 164.526 at the request of County or an Individual, and in the time and manner designed by County.
j. Business Associate agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of County, available to the County at the request of County or the Exhibit A
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Secretary, in a time and manner designated by the County or the Secretary, for purposes of the Secretary determining County's compliance with the Privacy Rule. k. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528.
l. Business Associate agrees to provide to County or an Individual in the time and manner designated by County, information collected in accordance with Section (k) of this Schedule, in order to permit County to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with Section 164.528. m. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of EPHI that Business Associate creates, receives, maintains, or transmits on behalf of County. n. Business Associate shall conform to generally accepted system security principles and the requirements of the final HIPAA rule pertaining to the security of health information. o. Business Associate shall ensure that any agent to whom it provides EPHI, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect such EPHI.
p. Business Associate shall report to County any Security Incident within three (3) business days of becoming aware of such incident. Business Associate shall also facilitate breach notification(s) to the appropriate governing body (i.e. HHS, OCR, etc.) as required by law. As appropriate and after consulting with County, Business Associate shall also notify affected individuals and the media of a qualifying breach.
q. Business Associate understands that it is directly liable under the HIPAA rules and subject to civil and, in some cases, criminal penalties for making uses and disclosures of Protected Health Information that are not authorized by this Attachment, the underlying contract as or required by law.

21.3. PERMITTED USES AND DISCLOSURES BY CONTRACTOR AS BUSINESS

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

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

Exhibit A
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c. County shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that County has agreed to in accordance with Section 164.522.

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

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

21.7. MISCELLANEOUS
a. Regulatory References. A reference in this Schedule to a section in the HIPAA Privacy Rule means the section as in effect or as amended, and for which compliance is required.
b. Amendment. The Parties agree to take such action as is necessary to amend this Schedule from time to time as is necessary for County to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law 104-191. c. Survival. The respective rights and obligations of Business Associate under this Schedule shall survive the termination of the Agreement.
d. Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits County to comply with the Privacy Rule.
e. Reservation of Right to Monitor Activities. County reserves the right to monitor the security policies and procedures of Business Associate.

22. Personally Identifiable Information
Requirements for County Contractors, Subcontractors, Vendors and Agents Exhibit A
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22.1. 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. 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.

22.2. 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.

Exhibit A
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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.
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

22.3. 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.

Exhibit A
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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.
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, Exhibit A
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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 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 Exhibit A
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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. 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 Exhibit A
Page | 19
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.
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.

22.4. 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.

22.5. 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.

22.6. 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.

Exhibit A
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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.
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.

22.7. 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.

22.8. 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.

22.9. 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.

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

Exhibit A
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SIGNATURE PAGE TO FOLLOW
Exhibit A
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THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO WORK WILL

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

For Contractor: City of South San Francisco
____________________________
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
Exhibit A
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Exhibit A
Contractor shall operate the following Older Americans Act (OAA) and County funded program(s): Congregate nutrition, adult day care and transportation services. 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. 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)]

2. 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 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:
a. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service;
b. 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)];
c. 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)];
d. Establish appropriate procedures to safeguard and account for all contributions; Exhibit A
Page | 24
e. 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 AAA or its contractors.

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

6. Contractor agrees to 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.

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

9. Service 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”.

C. Public Education and Information (PE&I) materials financed with funds from this agreement should include the following disclaimer: “The materials or product were a result of a project funded by a contract with the California Department of Aging”. PE&I falls into two categories:
a. 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.
c. 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.
d. Advertising and public relations financed with funds from this agreement shall include the following disclaimer: “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 Exhibit A
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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
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. A service unit reduction of greater than ten (10%) percent requires written approval from CDA. [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 in-home services as required under OAA § 301(a)(1)(D).

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. Ensure that all budgeted funds are expended by the end of each fiscal year, to the extent feasible.

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

12. 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.

Exhibit A
Page | 26

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

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

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

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), which applies to this Agreement.

I. CONGREGATE NUTRITION PROGRAM
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; Each meal served 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;
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 7135]:
a. Be open to the public; [45 CFR 1321.53(b)(3)]
b. Not means test; [OAA § 315(b)(3)]
Exhibit A
Page | 27
c. Provide participants with 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]
d. Not receive funds from another source for the cost of the same meal, equipment, or services. [2 CFR 200.403(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.

C-1 To-Go meals are categorized as C-1 meals if they are consumed onsite and include inperson interaction (e.g., dining at a congregate site such as a restaurant, food truck, etc. or oneon-one with a 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.

For C-1 To-Go meals consumed onsite: at least a portion of the meal is consumed in a congregate setting. Congregate settings include indoors (restaurants, grocery stores, etc.) or outdoors (parks, picnics, food trucks, festivals, events, tailgate parties, etc.).

For C-1 To-Go meals consumed offsite:

1. Meal is picked up by the client (or representative) or delivered to the client.

2. In-person or virtual interaction is included with the meal. Examples include:

A. In-person group dining at a congregate site such as a restaurant, park, food truck, etc.

B. Virtual group interaction scheduled by the nutrition provider such as nutrition education, virtual museum or travel tours, or group chat on virtual platforms such as Zoom, FaceTime, or similar applications that offer live interaction with participants.

C. Virtual one-on-one interaction during the meal arranged by the nutrition provider via telephone or virtual platform (Zoom, FaceTime, etc.).

3. All to-go meals served on the day a virtual activity is provided are considered C-1 meals.

The nutrition provider is not required to track client confirmation of intent to attend the virtual activity.

4. All to-go meals served on the day a virtual activity is not provided are considered C-2 meals.

5. Maintain documentation of each virtual activity provided, including date, time, and description of activity.

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 Service Population 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 lowincome 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 and 7638.7].

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

Exhibit A
Page | 28

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

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

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

4. A volunteer under age sixty (60), if doing so will not deprive an older individual sixty (60) or older of a meal. [CCR 7636.9(b)(3); CCR 7638.7(b) and 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.

B. Program Objectives

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. 3030g21).

6. Where feasible and appropriate, make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C. 5122(2).

7. When it is known or reasonably suspected that a program participant has been the victim of abuse, report the abuse to the authorities in accordance with Section 15630, Welfare and Institutions Code.

D. Units of Service
Exhibit A
Page | 29
Contractor agrees to provide 8,000 senior congregate meals and 4 Nutrition Education sessions.

E. Unit Definitions
Meal: 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 F. Contractor Agreements – 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 extend 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.

G. 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. 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.

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

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

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

Exhibit A
Page | 30

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 discouraging the 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)]; 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 AAA reimbursement.

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

14. Ensure that the food employee 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 funds shall be used for meals which:

A. Meet the dietary guidelines, as specified in Section 339 of the OAA (42 U.S.C. 3030g21).

B. Are served to eligible participants.

C. Are served to volunteers of any age.

D. 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.

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

18. Contribution: Ensure that an eligible individual who receives a meal is given the opportunity to voluntarily contribute to the cost of the meal:

A. Comply with provisions for voluntary contributions in Section 4.4. [OAA §315(b)] B. 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).

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 7638.9.(c)] Exhibit A
Page | 31
D. 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.

E. 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 nutritionrelated supportive services.

19. 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.

Signs will also state the suggested contribution level for eligible clients, non-senior spouses of eligible clients, and non-senior volunteers. The sign must also state that services will not be denied if a contribution is not made. All contributions are to be anonymous and voluntary.

Contributions from eligible clients (project income) are to be used to expand or support the meal service. 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. 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.).

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:

A. Comply with all provisions in CCR 7630-7688.13 Early Nutrition Program.

B. Include procedures for obtaining the views of participants about the services received.

C. Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.

D. Have a paid staff or volunteer designated to be responsible for the day-to-day activities at each site, and physically be on-site during the time that Elderly Nutrition Program activities are taking place.

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

F. 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.

Title III C meals shall meet the following nutrition requirements:

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.

H. Nutrition Education and Nutrition Counseling

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

Exhibit A
Page | 32

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

I. Meal Preparation and Meal Requirements

1. 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. 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 facility unless 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. The 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. County RD monitoring requirements:

A. Each food facility annually on-site.

B. 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. Non-food facility nutrition sites more often if they are at increased risk for food safety violations or have a history of corrective actions.

4. Safety of the food after it has been served to a participant and when it has been removed from the congregate site is the responsibility of the recipient. Providers shall post signs stating that: “For health reasons, taking out potentially hazardous food is not recommended.

Doing so is at your own risk.”
J. Staff Qualifications

1. The nutrition services provider shall have a manager on staff who shall conduct the day-today management and administrative functions of the Elderly Nutrition Program, and must satisfy one of the following:

Exhibit A
Page | 33
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.

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

K. Yearly Written Plans 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.

Requirements:

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. The ADS registered dietitian must approve the training curriculum. 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.

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.

Exhibit A
Page | 34
B. The nutrition services provider shall establish procedures 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 County.

D. The nutrition services provider shall ensure that information about, or obtained from a participant’s records, shall be maintained in a confidential manner.

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

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

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

Individual with a Disability. The term “individual with a disability” means an individual with a disability, as defined in Section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), who is not less than age 18 and not more than age 59. [OAA § 372(a)(2)] Individuals with Severe Disability(ies) means a person with a severe, chronic disability attributable to mental or physical impairment, that is likely to continue indefinitely and results in substantial functional limitation in three or more major life activities. [OAA §102(a)(48)] B. Units of Service
Contractor agrees to provide 750 one-way trips.

C. Unit Definitions
Transportation: Transportation from one location to another. Does not include any other activity. May include travel vouchers and transit passes.

Unit of Service: One, one-way trip
Exhibit A
Page | 35
Contractor agrees to:

1. Make services available to all persons sixty (60) years of age and older under this Agreement with the following exceptions:
a. Persons requesting services that 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. Coordinate services with all other relevant transit providers, especially paratransit services available from Redi-Wheels and Redi-Coast to promote program efficiency and utilization of existing services and minimize the incidence of service duplication;

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

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

5. Identifying contingency plans for providing back-up coverage when a vehicle is inoperable or when the driver is ill or on vacation, if the agency operates its own vehicle;

6. Inform paratransit riders by written notice of the suggested contribution. Contributions will be collected and included as part of the Transportation budget. All contributions are to be voluntary, anonymous, and must be used to provide expanded transportation services. If the vehicle is provider-owned, a sign will be posted in the vehicle indicating the suggested contribution. Otherwise, written notice of suggested contribution must be posted in program service areas; and

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

III. ADULT DAY CARE PROGRAM
A. Program Requirements
Eligible Service Population for Title III B and D means individuals 60 years of age or older, with emphasis on those in greatest economic and social need with particular attention to low income minority individuals older individuals, older individuals with Limited English Proficiency (LEP), and older individuals residing in rural areas. [OAA § 305 (a)(2)€, 22 CCR 7119, 7125, 7127, 7130, and 7135 ].

Adult Day Care / Adult Day Health Care means personal care for dependent elders in a supervised, protective, and congregate setting during some portion of a day. Services offered in conjunction with adult day care/adult day health typically include social and recreational activities, training, counseling, and services such as rehabilitation, medications assistance and home health aide services for adult day health.

Exhibit A
Page | 36
Title IIIB (Supportive Services) means a variety of services including, but not limited to:
personal care, homemaker, chore, adult day health care, case management, assisted transportation, transportation, legal assistance, information and assistance, outreach, services that promote or support social connectedness and reduce negative health effects associated with social isolation, and long-term care ombudsman advocacy, as defined in the Older Americans Act Performance System (OAAPS) categories and National Ombudsman Reporting System (NORS) OAA § 321(a)].

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

C. Unit Definitions
Adult Day Care: Personal care for dependent elders in a supervised, protective, and congregate setting during some portion of a day. Services offered in conjunction with adult day care/adult day health typically include social and recreational activities, training, counseling, and services such as rehabilitation, medications assistance and home health aide services for adult day health.

Unit of Service: One day of attendance (four-hour minimum) Contractor agrees to:

1. Maintain a current State of California ADC or ADHC license (Welfare and Institutions Code 9542(e) and conform to State regulations;

2. Make arrangements for transporting clients to and from the site through the use of an agency owned and operated vehicle or by arrangement with another agency or through other means;

3. Offer a daily nutrition program;

4. Prepare an individual assessment with a care plan for clients and offer appropriate therapeutic programs based on licensing guidelines and social activities as well as other supportive services for clients and their caregivers;

5. Serve any person 60 years of age or older who requires supervised social, recreational, or therapeutic services and/or caregiver respite. Providers may serve individuals under 60 Exhibit A
Page | 37
years of age who need services if space is available and the full cost of the program is covered by the agency and/or participant;

6. Maintain minimum staffing ratios per license requirement and place qualified staff in key, client-related positions. Use of volunteers is encouraged to augment, and not replace program staffing.

IV. 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.

1. Program Changes
A. 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.

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

C. The Contractor shall submit monthly data reports and invoices for OAA funded programs. Reports are due the 10th of each month following service. Contractor must correct inaccurate invoices and corresponding data reports in order to receive reimbursement. Corrections must be made within (5) working days after request from ADS fiscal and/or program staff.

2. Quarterly Reporting Schedule
Quarterly, the Contractor shall submit data reports for OAA-funded programs as follows:

Quarter Reporting Period Due Date
Quarter 1 July 1 - September 30 October 10
Quarter 2 October 1 - December 31 January 10
Quarter 3 January 1 - March 31 April 10
Quarter 4 April 1 - June 30 July 10
Exhibit A
Page | 38
Exhibit B
Payments and Rates
Contractor shall operate the following Older Americans Act (OAA) programs: congregate nutrition, adult day care and transportation services. 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.

County will pay Contractor for the following services as follows:

Program Services FY 26-
27 Units of
Service
Units Funding
Source
FY 26-27
Allocation
Adult Day Care Attendance
(minimum 4 hours)
600 hours III B $42,000
Transportation One Way Ride 750 trips III B $13,000
Congregate Nutrition Meals/Baseline 8,000 meals III C1
Federal
$43,442
Nutrition Education 4 session III C1
Federal
$172
State General Fund State III
C1
$5,000
County General
Fund
County $11,293
TOTAL $114,907
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 two weeks after the contract or amendment is signed 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. a. 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 Exhibit A
Page | 39
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;
a. In State: Mileage/Per Diem (meals and incidentals)/Lodging https://www.calhr.ca.gov/employees/pages/travel- reimbursements.aspx b. 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)];
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].

H. Contractor shall meet the following standards for its financial management systems, as stipulated in 2 CFR 200.302
a. Financial Reporting;
b. Accounting Records;
c. Complete Disclosure;
d. Source Documentation;
e. Internal Control;
f. Budgetary Control;
g. Cash Management (written procedures);
h. 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
a. 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. b. 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 for purposes of this program(s). In addition, this Agreement is subject to any additional restrictions, limitations, or conditions Exhibit A
Page | 40
enacted by the Congress or the Legislature that may affect the provisions, terms, or funding of this Agreement in any manner.

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

L. Funding Reduction(s):
a. 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:
i. Terminate the Agreement pursuant to Exhibit D.
ii. Offer an Agreement amendment to the Contractor to reflect the reduced funding for this Agreement.
b. In the event County elects to offer an amendment, it shall be mutually understood by both parties that:
i. County reserves the right to determine which agreements, if any, under this program shall be reduced.
ii. Some agreements may be reduced by a greater amount than others, and iii. County shall determine at its sole discretion the amount that any or all of the agreements shall be reduced for the applicable fiscal year(s).

M. Interest Earned
a. Interest earned on federal advance payments deposited in interest-bearing accounts must be remitted annually to County. Interest amounts up to $500 per year may be retained by the Contractor and subcontractors for administrative expenses. [2 CFR 200.305(b)(9)]
b. Interest earned on advances of federal and non-federal funds shall be identified as non-match cash. [2 CFR 200.305(b)(8)]
c. The Contractor must maintain advance payments of federal awards in interestbearing accounts, unless the following apply: [2 CFR 200.305(b)(8)] i. The Contractor receives less than $120,000 in federal awards per year. ii. The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on federal cash balances.
iii. The depository would require an average or minimum balance so high that it would not be feasible within the expected federal and non-federal cash resources.
iv. 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:
a. Cash and/or in-kind contributions may count as match, if such contributions are used to meet program requirements;
b. Any matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or subcontractor; and
c. Matching contributions must be used for allowable costs in accordance with the Office of Management and Budget (OMB) cost principles.

Exhibit A
Page | 41
i. The required minimum program matching contributions for Title III-B, not including Ombudsman, and III-C is 10.53%.
ii. The required minimum matching contributions for Title III-E is 25%. iii. 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.
iv. Program matching contributions for Title III-B, not including Ombudsman, and III-C can be pooled to meet the minimum requirement of 10.53%. v. Matching contributions generated in excess of minimum required are considered overmatch.
vi. 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).
vii. 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:
a. 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.
b. The Contractor shall maintain a written record of all budget changes and clearly document line-item budget changes. The record shall include the date, amount and purpose of the transfer. This record shall be available to County upon request and shall be maintained in the same manner as all other financial records.
c. 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:
a. The Contractor shall submit a request to County to transfer federal or State funds between Title III B, C-1 and C-2 programs.
i. 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 C-1, and III C-2 in accordance with OAA § 308(b)(4)(A).
ii. Transfer of State funds is allowable between Title III C-1 General Fund and Title III C-2 General Fund.
iii. 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 C-1 and Federal Title III C-2.
b. Transfer of funds cannot be processed or approved after December 15, 2026.

S. In-kind Contributions mean the value of non-cash contributions donated to support the project or program (e.g. property, service, etc.);
Exhibit A
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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 OAA funds.
c. Royalties received on patents and copyrights from OAA-supported activities. d. Proceeds from sale of goods created under OAA funds.

Other conditions:
e. Must be reported and expended under the same terms and conditions as the program funds from which it is generated.
f. 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 d. below) g. 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 d. below) and may reduce the total amount of contract funds payable to the Contractor.
h. 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.
i. If Program Income is deferred for use it must be used by the last day of the federal fiscal year, and reported when used.
j. Program Income may not be used to meet the matching requirements of this Agreement.
k. Must be used to expand baseline services.

V. One-Time Only (OTO) Funds
a. 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. b. 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.
c. Titles III and VII federal Program OTO funds shall only be used for the following purposes:
i. The purchase of equipment that enhances the delivery of services to the eligible service population.
ii. 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.
iii. 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 22 CCR 7314(a)(9). iv. 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.

Exhibit A
Page | 43
d. 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.
a. The maximum reimbursement amount allowable for indirect costs is 15% of the Modified Total Direct Costs (MTDC), excluding in-kind contributions and nonexpendable equipment.
b. Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward (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 $50,000. 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. [2 CFR 200.1] c. Contractors requesting reimbursement for indirect costs exceeding the maximum fifteen percent (15%) shall retain on file an approved negotiated indirect cost rate or cost allocation plan.
d. Indirect costs exceeding the 15% 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.
e. 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]
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.
a. 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 include, at a minimum, the following items when reimbursable under this Agreement:
i. 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.

1. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must:

Exhibit A
Page | 44
a. Be supported by a system of internal control which
provides reasonable assurance that the charges are
accurate, allowable, and properly allocated;
b. Be incorporated into the official records of the non-federal entity;
c. Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities;
d. 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
e. Budget estimates (i.e. estimates determined before the services are performed) alone do not qualify as support for changes to Federal awards.

2. 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.
ii. Fringe Benefits
iii. Travel – mileage reimbursement, lodging, per diem and other travel costs, specified for each fund source.
iv. Staff Training – attendance cost for necessary training, specified for each fund source.
v. Rent – Total cost
vi. Property/Equipment – detailed descriptions and unit costs vii. Supplies – to include items that do not qualify as property, specified for each fund source.
viii. Contractual costs - subcontractor and consultant cost details ix. Food – used in delivering Congregate and Home-Delivered Meals. x. Other Costs – Facilities and other ordinary and necessary costs specified for each fund source.
xi. 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 benefiting more than one cost objective and not readily assignable as a direct cost.
xii. Subcontractor Services – summary costs for subcontracted programs specified for each fund source.
b. 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/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. A mid-year review, scheduled for January 2027, will require a reconciliation of year-to-date outcomes. Based on these outcomes, a budget revision may be required.

AA. 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 Exhibit A
Page | 45
inaccurate invoices and corresponding reports in order to receive reimbursement. Invoices must reflect the provision of services and the usage of funds each month throughout the entire contract period. 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 2027 will be due by July 6, 2027, to facilitate timely payment. a. 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.

BB. Offer services throughout the twelve-month contract period, unless prior written approval is received from County.

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

DD. Submit a single closing report of expenses with supporting documentation for each program by July 15, 2027.
a. 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. b. Documentation should include the following:
i. General ledger of expenditures for the contracted program; ii. Applicable payroll register;
iii. Lease agreements and allocation percentage for rent cost; iv. Equipment/property invoices; and
v. Vendor invoices for large purchases.

Exhibit A
Page | 46
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:

1. Adult Day Care – Contractor shall provide Adult Day Care and/or Adult Day Health Care services that support frail older adults and adults with disabilities to remain safely in the community by providing structured daytime supervision, therapeutic activities, personal care support, health-related monitoring, socialization, nutrition support, and caregiver respite.

A. By June 30, 2027, Contractor shall provide the approved Adult Day Care/Adult Day Health Care units of service identified in the contract matrix. At least 75% of surveyed participants, caregivers, or authorized representatives shall report that the program helped the participant remain safe during the day, maintain or improve social engagement or daily functioning, support health and wellness needs, or reduce caregiver stress.

2. Transportation - Contractor shall provide safe, reliable, accessible, and equitable transportation for those age 60 and older that supports access to nutrition, senior center programming, wellness, socialization, and essential community services.

A. By June 30, 2027, Contractor shall provide at least 750 one way trips with at least 75% of surveyed riders reporting that the service helped them access meals, attend programs, maintain independence, or feel connected to community support.

3. Congregate Nutrition - Contractor shall provide congregate meals and nutrition education that support nutrition, food security, socialization, and healthy aging for eligible older adults.

A. Serve at least 8,000 eligible congregate meals and provide at least 4 nutrition education sessions by June 30, 2027. At least 75% of surveyed participants shall report that the program helped them access nutritious meals, feel socially connected, or learn information that supports healthy aging.

Exhibit A
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Exhibit D
Special Terms and Conditions
The following terms and conditions are hereby incorporated in and made part of agreement:

A. Provision of Services

1. Provision of services, program and services, monitoring/evaluation, commencement of work, access, voluntary contribution, standards of work, cost sharing program and program changes
i. 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]. ii. “Alternative communication services” include, but are not limited to, the provision of services and programs by means of the following:

1. Interpreters or bilingual providers and provider staff;

2. Contracts with interpreter services;

3. Use of telephone interpreter lines;

4. Sharing of language assistance materials and services with other providers;

5. Translated written information materials, including but not limited to, enrollment information and descriptions of available services and programs; and

6. Referral to culturally and linguistically appropriate community services programs.
iii. 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] iv. 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] v. Noncompliance with this section may result in suspension or termination of funds and/or termination of this Agreement. [22 CCR 98370] vi. Notice to Eligible Beneficiaries of Contracted Services

1. The Contractor shall:
a. Designate an employee to whom initial complaints or inquiries regarding national origin can be directed; [22 CCR98325] b. Make available to ultimate beneficiaries of contracted services and programs information regarding the County’s procedure for filing a complaint and other information regarding the provisions of Ca. Gov. Code § 11135 et seq.; [22 CCR 98326] and
c. Notify County immediately of a complaint alleging
discrimination based upon a violation of State or Federal law. [2 CCR 11162, 98310,98340]

2. Program and Services
i. Services are provided only to the defined Eligible Service Population ii. Any Title III and Title VII service shall not implement a Cost Sharing program unless approved by County
Exhibit A
Page | 48
iii. The Contractor shall not require proof of age, citizenship, or disability as a condition of receiving services.

3. Monitoring and Evaluation
i. 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.

1. 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.

2. 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.

3. 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.

4. Contractor is responsible for maintaining supporting documentation including financial and statistical records, contracts, subcontracts, or grant agreements, monitoring reports, and all other pertinent records until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by the County.

5. 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)

6. 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.

7. 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 monitoring process.

4. Commencement of Work
i. 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 Exhibit A
Page | 49
compensated. The County has no legal obligation unless and until the contract is approved.

5. Access
i. 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.

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

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

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

3. Methods used to solicit voluntary contributions for Title III and Title VII services shall be non-coercive.
ii. Each service provider will:

1. Establish appropriate procedures to safeguard and account for all contributions.

2. Use all collected contributions to expand the services for which the contributions were given and to supplement (not supplant) funds received under this Act.

3. Provide each recipient with an opportunity to voluntarily contribute to the cost of the service.

4. Clearly inform each recipient that there is no obligation to contribute, and that the contribution is purely voluntary.

5. Protect the privacy and confidentiality of each recipient with respect to the recipient’s contribution or lack of contribution.

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

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

9. Program Changes
i. 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.

B. Termination policy, dissolution and debarment, transition plan

1. Termination without cause
i. 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 Exhibit A
Page | 50
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. ii. 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
iii. Notice

1. 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
i. 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:

1. Threat of life, health, or safety of the public (see exemption from prior notice requirement, above);

2. A violation of the law or failure to comply with any condition of this Agreement;

3. Inadequate performance or failure to make progress so as to endanger performance of this Agreement;

4. Failure to comply with reporting requirements;

5. 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;

6. Delinquency in payment of taxes or payment of costs for performance of this Agreement in the ordinary course of business;

7. 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;

8. Service of any writ of attachment, levy or execution, or commencement of garnishment proceedings against the Contractor’s assets or income;

9. The commission of an act of bankruptcy;

10. Finding of debarment or suspension; [Section 7. Debarment, Suspension, and Other Responsibility Matters]

11. The Contractor’s organizational structure has materially changed; and Exhibit A
Page | 51

12. The County determines that a Contractor may be considered a “high risk” agency as described in 2 CFR 200.205 and 2 CFR 200/300.205.

If such a determination is made, the Contractor maybe subject to special conditions or restriction.

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

3. Contractor’s Obligation After Notice of Termination
i. 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:

1. Stop work as specified in the Notice of Termination;

2. Place no further subcontracts for materials, or services, except as necessary to complete any portion of the contract;

3. Terminate all subcontracts to the extent they relate to the work terminated; and

4. 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. ii. 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.

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

5. Debarment, Suspension, and Other Responsibility Matters i. The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:

1. Are not presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency;

2. 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;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (a)(ii) of this section;

4. 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;

5. Contractor shall report immediately to ADS in writing any incidents of alleged fraud and/or abuse by either Contractor or Contractor’s Exhibit A
Page | 52
subcontractor. Contractor shall maintain any records, documents or other evidence of fraud and abuse until otherwise notified by ADS;

6. The Contractor agrees to timely execute any and all amendments to this Agreement or other required documentation relating to their subcontractors’ debarment/suspension status.

6. Transition Plan
i. 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:

1. Description of how clients will be notified about the change in their service provider;

2. A plan to communicate with other organizations that can assist in locating alternative services;

3. A plan to inform community referral sources of the pending termination of the service and what alternatives, if any, exist for future referrals;

4. A plan to evaluate clients in order to assure appropriate placement;

5. A plan to transfer any confidential medical and client records to a new contractor;

6. A plan to dispose of confidential records in accordance with applicable laws and regulations;

7. A plan for adequate staff to provide continued care through the term of the contract; [22 CCR7203(e)(4)]

8. 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

9. Additional information as necessary to affect a safe transition of clients to other community service providers.
ii. 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.
iii. 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

1. 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.

2. Additional insurance requirements
i. 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.
ii. 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 seating capacity as follows:

Exhibit A
Page | 53

1. $750,000 if seating capacity is under 8

2. $1,500,000 if seating capacity is 8-15

3. $5,000,000 if seating capacity is over 15

4. 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).

3. 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, with 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.

4. Non-Discrimination and Other Requirements
i. 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:

1. Equal Access to Federally Funded Benefits, Programs and Activities a. 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.

2. Equal Access to State-Funded Benefits, Programs and Activities a. 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].

3. California Civil Rights Laws
a. 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
b. 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.
c. The Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits Exhibit A
Page | 54
discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. [42 USC 12101 et seq.]

4. The Contractor agrees to include these requirements in all contracts it enters into with subcontractors to provide services pursuant to this Agreement.

D. Contracts in excess of $100,000, use of contract funds, contract length, modification or revisions, amendments and subcontracts

1. Contracts in excess of $100,000
i. If all funding provided herein exceeds $100,000, the Contractor shall comply with all applicable orders or requirements issued under the following laws:

1. Clean Air Act, as amended. [42 USC 7401]

2. Federal Water Pollution Control Act, as amended. [33 USC 1251 et seq.]

3. Environmental Protection Agency Regulations. [40 CFR 29] [Executive Order 11738]

4. State Contract Act [Cal. Pub. Con. Code §10295 et seq.]

5. Unruh Civil Rights Act [Cal. Pub. Con. Code § 2010]

2. Use of contract funds
i. 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.

3. Contract length
i. 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

4. Modification or Revisions
i. 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.

5. Amendments
i. 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.
ii. 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. iii. 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 Exhibit A
Page | 55
mail, postage prepaid, return receipt requested, provided the Contractor retains receipt, and shall be communicated as of actual receipt.

6. Subcontracts
i. The Contractor shall require language in all subcontracts to require all subcontractors ( the legal entity that receives funds from County to carry out any part of a federal award identified) to comply with all applicable State and federal laws.

1. Contractor shall comply with all applicable State and federal laws.

2. 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 to County.

3. 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.

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

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

6. 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.

7. The Contractor shall monitor the insurance requirements of its subcontractors.

8. 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.

9. 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.

10. 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.

Exhibit A
Page | 56

11. 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.

12. Any form of legal agreement between County and the Subcontractor, including an agreement that the County or Subcontractor would consider to be a contract, including vendor type Agreements for providing goods or services for the Subcontractor to carry out part of a federal award received by the Contractor. It does not include payments to a contractor or payments to an individual that is beneficiary of a federal program.

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

1. UEI Number and Related Information
i. 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. ii. 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.
iii. 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.

2. Conflict of interest
i. 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. ii. 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.

3. Contractor’s Staff
i. The Contractor shall maintain adequate staff to meet the Contractor’s obligations under this Agreement.
ii. 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.

4. Corporate Status
Exhibit A
Page | 57
i. 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. ii. 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 the Agreement.
iii. 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.
iv. 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.

5. Lobbying Certification
i. The Contractor, by signing this Agreement, hereby certifies to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of 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.

3. 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.

4. 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.

5. 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.

Exhibit A
Page | 58

6. 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.

6. Law, Policy and Procedure, Licenses, and Certificates i. 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.

7. Covenant Against Contingent Fees
i. 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.
ii. 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.

8. Compliance and funding availability
i. Compliance: Providers shall comply with applicable State and Federal Laws. ii. Funding availability: Funding is contingent on funding by the State/Federal Government.
iii. Assistance in Litigation or Administrative Proceedings

1. 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)
iv. No Waiver of Obligations

1. 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.
v. No Third-Party Beneficiaries

1. Nothing in this agreement is intended to or shall confer upon any third person, any rights, or remedies whatsoever.

F. Property and records for CDA funded programs:

1. Property
i. Unless otherwise provided for in this Section, property refers to all assets, used in operation of this Agreement.

1. Property includes land, building, improvements, machinery, vehicles, furniture, tools, intangibles, etc.

2. Property does not include consumable office supplies such as paper, pencils, toner, cartridges, file folders, etc.

Exhibit A
Page | 59
ii. Property acquired under this agreement, which meets any of the following criteria is subject to reporting requirements (SAM 8620.5).

1. 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);

2. All computing devices, regardless of cost (including but not limited to, workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones).

3. All portable electronic storage media, regardless of cost (including but not limited to, thumb/flash drives and portable hard drives).

4. 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.). a. 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.

5. The Contractor shall keep track of property purchased with CDA funds, and submit to County a property acquisition detail 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.
a. The Contractor shall record, at minimum, the following information when property is acquired:
i. Date acquired;
ii. Item description (include model number);
iii. CDA tag number; (after provided by County/CDA)
iv. Serial Number (if applicable)
v. Purchase cost or other basis of valuation; and
vi. Fund source.

6. Disposal of Property
a. 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.
b. 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.

Exhibit A
Page | 60
c. Any loss, damage, or theft of equipment shall be investigated, fully documented and the Contractor shall promptly notify the County.
d. 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.
e. 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. f. 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.
g. 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.
h. The Contractor shall use the property for the purpose for which it was intended under the Agreement. When no longer needed for that use, the Contractor shall use it, if needed, and with written approval of the County for other purposes in this order:
i. For another CDA/County program providing the same
or similar service.
ii. For another CDA/County funded program.
i. 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. j. 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-owned business entity.
k. If purchase of property is a reimbursement item, the property to be purchased will be specified in the budget summary.

2. Records for California Department of Aging (CDA) Funded Programs i. 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 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 Exhibit A
Page | 61
by the County and State or its duly authorized agents, at any time during normal business hours.

1. All such records must be maintained and made available by the Contractor:
a. (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;
b. (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
c. (iii) for a longer period as the County deems necessary. ii. 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. iii. 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. iv. 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 2 CFR 200/300.302, the expenditures will be questioned in the audit and may be disallowed by the County during the audit resolution process. v. 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.
vi. 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.
vii. 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.

G. CDA fiscal and compliance audits, audit requirements, payment and payroll taxes and deductions

1. CDA Fiscal and Compliance Audits
i. 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.

2. The CDA fiscal and compliance audits may include, but not be limited to, a review of:
i. Financial closeouts (2 CFR 200.1)
Exhibit A
Page | 62
ii. Internal controls (2 CFR 200.303)
iii. Allocation of expenditures (2 CFR 200.1 and 2 CFR 200/300.2) iv. Allowability of expenditures (2 CFR 200.403)
v. Equipment expenditures and approvals, if required (2 CFR 200.439 and 2 CFR 200/300.439)

3. Audit Requirements
i. 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.
ii. 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.
iii. 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).
iv. 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.
v. Contractors that expend $1000,000 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.vb

4. A copy shall be submitted to: [email protected]
i. 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.

5. 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.

6. 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.

7. The following closely related programs identified by CFDA number are to be considered as an “Other Cluster” for purposes of determining major programs or Exhibit A
Page | 63
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.
i. Special Programs for the Aging – Title VII-A, Chapter 3 – Programs for Prevention of Elder Abuse, Neglect, and Exploitation (Title VII-A, Chapter3). ii. 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).
iii. Special Programs for the Aging – Title III, Part D – Disease Prevention and Health Promotion Services (Title IIID)
iv. Special Programs for the Aging – Title III, Part B – Grants for Supportive Services and Senior Centers (Title III-B)
v. Special Programs for the Aging -- Title III, Part C – Nutrition Services (Title IIIC) vi. National Family Caregiver Support-Title III, Part E vii. Nutrition Services Incentive Program (NSIP)
viii. “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 2 CFR 200/300.525(a), whether a program- specific audit may be elected. (Federal Office of Management and Budget, [2 CFR 200/300 Requirements], Audits of States, Local Governments 2 CFR 200/300 Appendix V to part 75 F.1., and Non-Profit Organizations 2 CFR 200/300 Appendix IV to part 75 C.

2.a.
ix. 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.
x. 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.

1. Contract resolution includes:
a. Ensuring that a Contractor expending $1,000,000 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;
b. 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;
Exhibit A
Page | 64
c. 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] [2 CFR 200/300.352]; documented review of financial statements; and documented expense verification, including match; etc.);
d. When alternative procedures are used, the Contractor shall perform financial management system testing which provides, in part, for the following:
i. Accurate, current, and complete disclosure of the
financial results of each federal award or program;
ii. Records that identify adequately the source and
application of funds for each federally funded activity; iii. Effective control over, and accountability for, all funds, property, and other assets to ensure these items are
used solely for authorized purposes;
iv. Comparison of expenditures with budget amounts for
each federal award;
v. Written procedures to implement the requirements of 2 CFR 200.305;
vi. Written procedures for determining the allowability of costs in accordance with 2 CFR Part 200, Subpart E -
Cost Principles [2 CFR 200.302]
vii. The Contractor shall document system and expense
testing to show an acceptable level of reliability,
including a review of actual source documents and;
viii. Determining whether the results of the reconciliations performed necessitate adjustment of the Contractor’s
own records.
xi. The County shall ensure that Contractor single-audit reports meet 2 CFR Part 200-Subpart F-Audit Requirements

1. 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 2 CFR 200/300.512]

2. Property procured – use procurement standards for auditor selection; [2 CFR 200.509 and CFR 75.509]

3. Performed in accordance with General Accepted Government Auditing Standards; [CFR 200.514 and 2 CFR 200/300.514]

4. 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 2 CFR 200/300.515]
Exhibit A
Page | 65

5. Performed in accordance with provisions applicable to this program as identified in 2 CFR Part 200, Audit Requirements.

8. The Contractor shall be required to include in its contract with the independent auditor. 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.

9. 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 2 CFR 200/300, 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, 531 Subpart F - Audit Requirements and 2 CFR 200/300 Subpart F – Audit Requirements because its expenditures under federal awards are less than $1,000,000 during the non-federal entity’s fiscal year.
iii. 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.
iv. Pass-through entities may charge federal awards for the costs of agree-uponprocedures engagements to monitor subcontractors who are exempted from the requirements of the Single Audit Act, 2 CFR Part 200, Subpart F - Audit Requirements. and 2 CFR 200/300, 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 and arranged 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] v. The Contractor shall cooperate with and participate in any further audits which may be required by the County.

10. Payments
i. 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.
ii. 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.
iii. Corrections must be made within five (5) working days.

Exhibit A
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iv. (Invoices submitted more than two months past the month of service may not be reimbursed. Invoice(s) for June 2027 will be due by July 5, 2027, to facilitate timely payment.

11. Payroll taxes and deductions
i. 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

1. Grievance Procedure
i. 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.
ii. Complaints may involve, but are not limited to:

1. Amount or duration of service denial or discontinuance of service.

2. 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.

3. 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.
iii. 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:

1. First Level: The service provider (ADS Contractor)

2. Second Level: The Health Services Manager over the Commissions and Provider Services Unit

3. Third Level: The ADS Director

4. Fourth Level: The Chief of the Health System or his/her designee Exhibit A
Page | 67

2. Appeal Process
i. The Contractor may appeal an adverse determination as defined in 22 CCR 7702 using the appeal process established by CDA in 22 CCR 7700 through 7710.

1. Such appeal shall be filed within thirty (30) days of receipt of County’s notice of adverse determination.
ii. 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.
iii. 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.
iv. Appeal costs or costs associated with any court review are not reimbursable.

3. Remedies
i. 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 copyrights

1. Information integrity and security
i. The contractor shall protect CDA/County Personal, Confidential, and Sensitive Information (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.
ii. 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. iii. 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:

1. 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

2. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate.

3. 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 Exhibit A
Page | 68
1798-1798.78, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2, Welfare and Institutions Code section 5328, and California Health and Safety Code section 11845.5.

4. 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
i. The contractor shall not use any CDA/County PSCI for any purpose other than performing the contractor's obligation.

3. Safeguards and Security
i. 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:
ii. Technical Security Controls:

1. 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. iii. Removable Media Devices

1. 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. iv. Patch Management:

1. 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.
v. Transmission and Storage of PSCI:

1. 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. vi. Minimum Necessary:

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

Exhibit A
Page | 69

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

1. 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.
ix. Mailing:

1. 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 i. 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.

5. Data Sanitization
i. 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
ii. Survival

1. 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. Information Confidentiality and Security Requirements:
i. 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:
i. 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
i. 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, Exhibit A
Page | 70
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.

1. Information collected and/or accessed in the administration of the County

9. Disclosure Restrictions
i. 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.
ii. 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.
iii. 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:

2. To treat any violation of such additional and/or more protective standards as a breach or security incident, as appropriate.

10. Breaches and security incidents:
i. The contractor shall notify CDA/County immediately by email or telephone of the discovery of:

1. Unsecured CDA/County PSCI if the CDA/County PSCI is reasonably believed to have been accessed or acquired by an unauthorized person.

2. Any suspected security incident which risks unauthorized access to CDA PSCI and/or other confidential information.

3. Any intrusion or unauthorized access, use, or disclosure of CDA PSCI in violation of this Agreement; or

4. Potential loss of confidential data affecting this agreement.

5. 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/ Exhibit A
Page | 71

6. Upon discovery of a breach or suspected security incident, intrusion, or unauthorized access, use or disclosure of CDA PSCI, the AAA shall take:
a. Prompt corrective action to mitigate any risks or damages involved with the security incident or breach; and
b. Any action pertaining to such unauthorized disclosure is required by applicable Federal and State laws and regulations.

7. Investigation of Security Incident or Breach
a. County shall immediately investigate such security incident, breach, or unauthorized use or disclosure of CDA/County PSCI.
i. 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.

8. 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.

9. Notification of Individuals
a. 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 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.

11. Responsibility for Reporting Breaches to Entities other than CDA/County i. 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.

12. 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 Exhibit A
Page | 72
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 CDA, 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.

13. Health Insurance Portability and Accountability Act (HIPAA) i. 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.

14. Information Integrity and Security Statement
i. 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. 15. Security Incident Reporting i. 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.
ii. The Contractor and its Subcontractors/Vendors, must comply with CDA’s security incident reporting procedure located at:
http://www.aging.ca.gov/ProgramsProviders/#Resources
iii. Notification of Security Breach to Data Subjects

1. Notice must be given by the Contractor, and/or its
Subcontractors/Vendors to anyone whose confidential, sensitive and/or personal identifying information could have been breached in accordance with HIPAA, the Information Practices Act of 1977, and State policy.

2. 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.

3. Notice may be provided in writing, electronically or by substitute notice in accordance with State law, regulation or policy.

16. Software Maintenance
i. 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.

17. Electronic Backups
i. The Contractor and its Subcontractors/Vendors, shall ensure that all electronic information is protected by performing regular backups of Exhibit A
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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.

18. Copyrights and Right in Data
i. Copyrights

1. 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.

2. 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.

3. 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.

4. 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. ii. Rights in Data

1. 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 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.

2. 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.

3. 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.

Exhibit A
Page | 74
J. Procurement procedures

1. 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).

2. The Contractor shall comply with the standards and guidelines for procurement of supplies, equipment, construction, and services as provided in 2 CFR 200/300.328

3. Contractor shall follow all the applicable information specified in 45 CFR 92.36(i).

4. 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:
i. 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) :
ii. Documentation that the aggregate value of the contract with any entity is less than $100,000
iii. A completed Conflict of Interest Disclosure Form that discloses whether a potential or actual conflict of interest exists
iv. Copies of the price or rate quotations received from qualified sources on individual bidder letterhead.

5. 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.

6. 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 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.
i. 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.

7. Contracts over $100,000 in the aggregate for any entity must follow an open and competitive process [CCR 7352]. County shall evaluate the requirements for an open and competitive process [CCR 7352] were followed.

8. The AAA shall, prior to the awarding of a contract to any for-profit entity, submit the following to CDA for review and approval:
i. The Request for Proposal (RFP) or Invitation for Bid. [22 CCR 7362(a)(1)] Exhibit A
Page | 75
ii. All bid proposals received. [22 CCR 7362(a)(2)]
iii. 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)]. iv. Description and documentation of dissemination of information concerning the RFP to elicit adequate competition. [22 CCR 7356].

9. 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.

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

11. The contractor shall utilize procurement procedures as follows:
i. 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.
ii. 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).

K. Marketing materials, publication conditions, S.W.A.G Ban, advertising and public relations, copyrights/trademarks

1. Categories of Marketing Materials: Public Education and Information Public Education and Information ( PE&I) falls into two categories:

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

3. 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.
i. 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”.
ii. 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.
iii. 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 Exhibit A
Page | 76
contact the CDA Office of Communications for assistance ([email protected]).

4. 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). CDA reserves the right to use materials developed by contractor.

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

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

7. 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, prior approval from County should be obtained.

8. 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, cameraready artwork, designs, concepts, photographs, video and audio). County and CDA reserves the right to use materials developed by County and or Contractor.

9. 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.

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

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

1. Materials published or transferred by the Contractor and financed with funds under this Agreement shall state, “The materials or product were a result of a project funded by a contract with the County of San Mateo”.

2. 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”.

12. S.W.A.G. Ban
i. 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. “Stuff We All Get”.

13. Advertising and Public Relations
i. 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:
ii. Materials published or transferred by the County and financed with funds under this agreement shall include the following funding disclaimer:

1. “The materials or product were a result of a project funded by a contract with the California Department of Aging”.
iii. Any materials that utilize the CDA logo or name (outside of the funding disclaimer), require approval by the CDA Office of Communications prior to Exhibit A
Page | 77
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.
iv. 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.

14. Approval Requirements for Advertising and Public Relations i. Approval Required Materials that use the CDA logo, including:

1. Paid advertising

2. Earned advertising

3. Outreach materials

4. Educational materials

5. Media events

6. Public notices
ii. No Approval Required:

1. 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.

2. Materials that do not mention the CDA name or use the CDA logo.

15. Social Media Posts
i. Approval Required:

1. Social media posts that mention the CDA name or use the CDA logo No Approval Required:
ii. No approval required:

1. Social media posts that do not mention the CDA name or use the CDA logo, even if CDA funds are involved.

2. Tagging @calaging on X, Facebook or LinkedIn is optional but encouraged to keep CDA informed about your organization’s activities.

16. Submission Process
i. Submit language and materials needing approval to
[email protected]

1. Review timeline: Typically, within ten (10) business days

2. Review dates: First and fifteenth of each month

3. Urgent requests: Notify Office of Communications if expedited approval is needed

17. Copyrights/Trademarks
i. 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.

Exhibit A
Revised: June 16, 2026
Last revised: June 16, 2026
Effective date: July 1, 2026
Field Required/Optional 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 If missing, leave blank.

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.

Spouse Veteran Status*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col AP, AQ.

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 4 ends

Attachment F
Exhibit A
Veteran Date of Consent*** Situational Optional ** YYYY-MM-DD Answer is required if Veteran Status or Spouse Veteran Status = 1.

Date veteran or family member signed form. This date will be used as the starting date for the 12 months person consents to their data being used.

ADL: Eating*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z ADL: Bathing*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z ADL: Toileting*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z ADL: Transferring in/out of bed/chair *** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z ADL: Walking*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z ADL: Dressing*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z ADL: Grooming*** Required by System MSSP INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Meal Preparation*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Shopping*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Medication Management*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Money Management*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Using Telephone*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Heavy Housework*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Light Housework*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Transportation*** Required by System R:RegSrvs Cluster 1 ** INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Stair Climbing*** Required by System MSSP INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Mobility Indoors*** Required by System MSSP INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Mobility Outdoors*** Required by System MSSP INTEGER Refer to Lookup Tables Sheet Col Y,Z IADL: Laundry*** Required by System MSSP INTEGER Refer to Lookup Tables Sheet Col Y,Z Person at Nutritional Risk*** Required by System R: HDM, CgM, NC**** INTEGER Refer to Lookup Tables Sheet Col AA,AB County*** Required by System R:RegSrvsFCSP ** INTEGER Refer to Lookup Tables Sheet Col AR, AS * CLIENT means an individual receiving AAA services with Title III BD, VII b funds. Client also means a CARE RECEIVER whose Caregiver receives AAA services with Title III E funds. CAREGIVER means an individual receiving AAA services with Title III E funds. ** For CAREGIVER/CARE RECEIVER ADL/IADL and other
requirements see: FCSP REFERENCE GUIDE WORKSHEET.

Key:

R = Required
RegSrvs = Registered OAAPS Services
FCSP = Family Caregiver Support Program
SUM = Summary Data per OAAPS, no ADL/IADLs
Field Required/Optional 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. This should correspond to the Internal Participant ID from the Client File.

If ID is missing, record will be discarded by system, with the exception of Non-Registered services.

Provider ID Required by System R-RegSrvsFCSP INTEGER
Unique identifier (as assigned by your system) of the provider for which the units belong. This ID corresponds to the provider ID in the Service Provider File, Service Units File and Caregiver Relationship File (if reporting a caregiver).

Service ID Required by System R-RegSrvsFCSP INTEGER
Unique identifier for each service delivered by each provider assigned by your system in which the participant is enrolled in the fiscal year.

This ID corresponds to the Service ID in the Service Provider File, Service Units File, and Caregiver Relationship File (assigned to a CAREGIVER service).

First ever service date Required by System R-RegSrvsFCSP YYYY-MM-DD The very first time the participant enrolled in the service (e.g., John Smith first started receiving services from MoW HDM on 8/1/2004).

This is the first ever service date. This is used to determine the number of new participants receiving services each year for OAAPS reporting.

First service current fiscal year Required by System R-RegSrvsFCSP YYYY-MM-DD The first service date for the participant in the current fiscal year for the specific service.

End service date/Deactivation date (if available) Required by System R-RegSrvsFCSP YYYY-MM-DD The date on which the participant stopped receiving a service from a provider in the current fiscal year. This is valid only for those participants that did not receive services throughout the entire fiscal year. If service is ongoing leave this field empty.

Reason for deactivation* Required by System R-RegSrvsFCSP INTEGER Refer to Lookup Tables Sheet Col AC,AD * REFER TO LOOKUP TABLE 1 NOTE:

Estimated Count of Client Served in Non-Registered services may be manually entered into CARS.
*** REFER TO LOOKUP TABLE 1
**** PERSON AT NUTRITIONAL RISK: Home Delivered Meals (HDM), Congregate Meals (CgM), and Nutritional Counseling (NC).

Enrollment File
Key:

R = Required
RegSrvs = Registered OAAPS Services
FCSP F il C i S t P

Page 2 of 4 ends

Attachment F
Exhibit A
Field Required/Optional 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. This should correspond to the Internal Participant ID from the Client file. If ID is missing, record will be discarded by system, with the exception of Non-Registered services. A NULL (i.e. blank) value is acceptable in this field when entering service units for non-registered services.

Provider ID Required by System R-RegSrvsFCSP INTEGER
Unique identifier (as assigned by your system) of the provider for which the units belong. This ID corresponds to the provider ID in the Service Provider File, Enrollment File and Caregiver Relationshp File (if reporting units for a caregiver).

Service ID Required by System R-RegSrvsFCSP INTEGER
Unique identifier for each service delivered by each provider assigned by your system in which the participant is enrolled in the fiscal year.

This ID corresponds to the Service ID in the Service Provider File, Enrollment File, and Caregiver Relationship File (assigned to a CAREGIVER service).

Reporting Month (reported quarterly, but by individual month) Required by System R-RegSrvsFCSP INTEGER, 1-12 Month for which the service units are recorded Reporting year Required by System R-RegSrvsFCSP INTEGER, YYYY Year for which the service units are recorded Unit name* Required by System R-RegSrvsFCSP TEXT Specify unit of service from look-up Table AA.

Quantity Required by System R-RegSrvsFCSP NUMERIC (Example 1 or 1.25) Total units of service delivered to participant in the month/year indicated. When reporting services for Non-Registered services you may also manually enter aggregate units directly in CARS. For unit measures of time, use the decimals to indicate a fraction of the unit to the nearest quarter. Example, a participant that received two and half units of "Homemaker" (hour) would report the quantity as 2.5 (not

2.30 or 150).
* REFER TO LOOKUP TABLE 1
Field Required/Optional for
System Required/Optional for Reporting Data Type/Format Comments Provider name Required by System R-RegSrvsFCSP TEXT
Name of the provider offering the Title III-funded service in which the participant is enrolled in the fiscal year (e.g., Meals on Wheels) Provider ID Required by System R-RegSrvsFCSP INTEGER
Unique identifier (as assigned by your system) of the provider for which the units belong. This ID corresponds to the provider ID in the Enrollment File, Service Units File and Caregiver Relationshp File (if reporting a caregiver).

Service name Required by System R-RegSrvsFCSP TEXT
Name of the specific service offered by the provider (e.g., Meals on Wheels, Home Delivered Meals). Each service is specific to a service type.

Service ID Required by System R-RegSrvsFCSP INTEGER
Unique identifier for each service delivered by each provider assigned by your system in which the participant is enrolled in the fiscal year.

This ID corresponds to the Service ID in the Service Units File, Enrollment File, and Caregiver Relationship File (assigned to a CAREGIVER service).

Program Type ID* Required by System R-RegSrvsFCSP INTEGER Refer to Lookup Tables Sheet Col AE,AF Minority Provider* Required by system R-RegSrvsFCSP INTEGER Refer to Lookup Tables Sheet Col U,V Is AAA the Provider?* Required by system R-RegSrvsFCSP INTEGER Refer to Lookup Tables Sheet Col W,X A senior center Required by system R-RegSrvsFCSP INTEGER Refer to Lookup Tables Sheet Col AN, AO A focal point Required by system R-RegSrvsFCSP INTEGER Refer to Lookup Tables Sheet Col AP, AQ * REFER TO LOOKUP TABLE 1
Field Required/Optional for
System Required/Optional for Reporting Data Type/Format Comments FCSP = Family Caregiver Support Program
SUM = Summary Data per OAAPS, no ADL/IADLs
Service Units File
Key:

R = Required
RegSrvs = Registered OAAPS Services
FCSP = Family Caregiver Support Program
SUM = Summary Data per OAAPS, no ADL/IADLs
Service-Provider File
Key:

R = Required
RegSrvs = Registered OAAPS Services
FCSP = Family Caregiver Support Program
SUM = Summary Data per OAAPS, no ADL/IADLs
Caregiver Relationship File

Page 3 of 4 ends

Attachment F
Exhibit A
Caregiver (use Participant ID) Required by System R-FCSP Only INTEGER Insert the appropriate Internal Participant ID from the Client File for this individual. If ID is missing, record will be discarded by system, with the exception of Non-Registered services. A NULL (i.e. blank) value is acceptable in this field when entering service units for nonregistered services.

Care Receiver (use Participant ID) Required by System R-FCSP Only INTEGER Insert the appropriate Internal Participant ID from the Client File for this individual. If ID is missing, record will be discarded by system.

Caregiver Relationship* Required by System R-FCSP Only INTEGER Refer to Lookup Tables Sheet Col AG,AH Provider ID Required by System R-FCSP Only INTEGER
Unique identifier for the FCSP provider assigned by your system.

This ID corresponds to the provider ID in the Enrollment File, Service Units File and Caregiver Relationshp File (if reporting a caregiver).

Service ID Required by System R-FCSP Only INTEGER
Unique identifier (as assigned by your system) of the CAREGIVER service for which the units belong. This ID corresponds to a service ID in the Service Provider File. There is no Service ID requirement for the CARE RECEIVER.
* REFER TO LOOKUP TABLE 1
Field Required/Optional for
System Required/Optional for Reporting Data Type/Format Comments Client Unique ID Required by System Required INTEGER Unique identifier for each participant assigned by your system.

Gender Required by System Required INTEGER Refer to Lookup Tables 2 Col C,D Gender not listed, specify Situational Optional ** TEXT Answer is required if Gender = 6.

Sex at Birth Required by System Required INTEGER Refer to Lookup Tables 2 Col A,B Sexual Orientation or Sexual Identify Required by System Required INTEGER Answer is required if Sexual Orentation or Sexual Identity = 5.

Sexual Orientation not listed, specify Situational Optional ** TEXT Answer is required if Sexual Orientation = 5.

Date of Birth Required by System Required: DOB or Age ** YYYY-MM-DD Age Required by System Required: DOB or Age ** INTEGER
Race Required by System Required MULTI-SELECT TEXT, Race1;Race2;Race4 (1;2;4) Refer to Lookup Tables 2 Sheet Col G,H Ethnicity Required by System Required INTEGER Refer to Lookup Tables 2 Col I,J Zip Code Required by System Required: Zip Code or Geographic Distribution ** ##### or #####-#### Geographic Distribution Required by System Required: Zip Code or Geographic Distribution ** INTEGER Refer to Lookup Tables 2 Col O,P Household Status Required by System Required INTEGER Refer to Lookup Tables 2 Col M,N Poverty Status Required by System Required INTEGER Refer to Lookup Tables Sheet Col K,L * REFER TO LOOKUP TABLE 2
Field Required/Optional for
System Required/Optional for Reporting Data Type/Format Comments Case Unique ID Required by System Required INTEGER
Unique identifier for each case assigned by your system. Note that there should only be one client per case across fiscal years.

Client Unique ID Required by System Required INTEGER Unique identifier for each participant assigned by your system.

Case Open Date Required by System Required YYYY-MM-DD
Case Closed Date Required by System Situational YYYY-MM-DD Date is blank until the case is closed, then send the closed date.

Service Level Required by System Required INTEGER Refer to Lookup Tables 2 Col Q,R Case Type Required by System Required INTEGER Refer to Lookup Tables 2 Col S,T Month Required by System Required INTEGER, 1-12
Year Required by System Required INTEGER, YYYY
Hours (units recorded) Required by System Required NUMERIC (Example 1 or 1.25) Total units of service delivered to participant in the month/year indicated.

Key:

R = Required
RegSrvs = Registered OAAPS Services
FCSP = Family Caregiver Support Program
SUM = Summary Data per OAAPS, no ADL/IADLs
Legal Assistance Client File
Legal Assistance Case File

Page 4 of 4 ends

Attachment F
Race/Ethnicity Data: We have chosen to keep the file structure unchanged to avoid requiring any updates on your end. Ethnicity data will be mapped into the Race/Ethnicity column within the File Upload Manager. When it is time for OAAPS reporting, we will separate the data as needed, since ACL has not yet combined race and ethnicity into a single field.

Case data can be repeated for every
month/year/hours combination to report.

Exhibit A

ATTACHMENT G

SENIOR CENTERS & FOCAL POINTS

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

1. Alzheimer’s Association of Northern
California & Northern Nevada 2290 N. 1st Street, San Jose CA 95131

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

3. Center for the Independence of Individuals
with Disabilities
2001 Winward Way, Suite 103 • San Mateo, CA
94404

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

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

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

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

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

9. City of Daly City: Bayshore 450 Martin Street, Daly City CA 94014

10. City of Daly City: Gellert 50 Wembley Drive, Daly City, CA 94015

11. City of East Palo Alto: East Palo Alto Senior
Center Inc. 560 Bell Street East Palo Alto, CA 94303

12. City of Menlo Park Senior Center 100 Terminal Avenue Menlo Park, CA 94025

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

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

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

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

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

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

19. City of South San Francisco Magnolia Senior
Center 601 Grand Avenue South San Francisco, CA 94080
Exhibit A

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

21. Edgewood Center for Children and Families 700 Airport Blvd. #490, Burlingame, CA 94010

22. Family Caregiver Alliance 101 Montgomery, Suite #2150 San Francisco, CA 94103

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

24. Kimochi, Inc. 453 N. San Mateo Drive, San Mateo CA 94401

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

26. Age Up (Formerly Ombudsman Services of
SMC) 1333 Madison Avenue, Redwood City, CA 94061

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

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

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

30. Puente de la Costa Sur 620 North Street, Pescadero, CA 94060

31. Rob Robinsoon Senior Care Center San
Mateo Medical Center 222 W. 39th Avenue, San Mateo CA 94403

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

33. San Mateo County Aging and Disability
Services
2000 Alameda de las Pulgas Suite 200, San Mateo,
CA 94403

34. Second Harvest of Silicon Valley 1051 Bing Street, San Carlos, CA 94070

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

36. Senior Coastsiders 925 Main Street, Half Moon Bay, CA 94019

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

38. Veterans Memorial Senior Center 1333 Madison Avenue, Redwood City CA 94061 Exhibit A

ATTACHMENT H
California Code of Regulations Title 22, § 7352
Older Americans Act (OAA) Provider Self-Attestation Form Subject: All OAA Providers must review and comply with all requirements listed below
On August 1, 2025, the California Department of Aging released updated program guidance stating that all subcontractors with the Area Agency on Aging receiving Older Americans Act (OAA) funds must align with updated California Code of Regulations (CCR) Title 22, § 7352.

Per the updated CCR, Area Agencies on Aging (AAAs), and their contractors, must follow open and competitive procurement practices when contracting with for-profit entities for goods and services when using OAA funds. For example, a for-profit vendor preparing meals for C1 participants of a contracted OAA provider.

For agreements worth over $100,000 with a for-profit vendor, contractors are required to conduct a solicitation process which includes: preparing and publishing an Invitation for Bid (IFB) or Request for Proposal (RFP), notifying potential vendors and/or the public, posting clear instructions, establishing bid timelines, stating available funds, stating service needs such as technical requirements, stating performance measures, describing scope of work, stating insurance/liability requirements, receiving and evaluating proposals, resolving protests, and awarding contract(s). Evaluations are typically based on price, proposal quality, and bidder qualifications/resources/previous service history.

For agreements worth less than $100,000 with a for-profit vendor, contractors may use a simplified process by soliciting three or more price quotes from separate sources.

Contractors must ensure subcontractors can meet obligations.

Records, including bids, evaluation criteria, awards, and contracts, must be kept until informed otherwise by the AAA after payment and close of all matters.

An IFB shall be used when a specific service such as janitorial, audit or consultation services or a specific product or piece of equipment is required. Awards shall be made to the lowest responsive and responsible bidder that meets the specifications of the IFB.

A RFP shall be used when a solution to a specific problem or service needs such as nutrition, information and assistance, or transportation is sought from a for-profit Exhibit A
2 subcontractor. All of the following shall be considered in the evaluation of RFPs: 1) the price, 2) the originality and effectiveness of the proposal, and 3) the background and experience of the bidder.

As such, San Mateo County Aging and Disability Services (ADS) now requires that all OAA contractors entering into agreements with for-profit entities must comply with the following:

A. Agreements under $100,000 in value using OAA funds:
• Utilize an informal process where at minimum three price quotes are received for goods and services; or
B. Agreements over $100,000 in value using OAA funds:
• Facilitate an open and competitive IFB/RFP process where any number of bids can be considered for goods and services.

As such, please have your agency’s designated signatory select one of the following:
☐ Contractor is in full compliance with California Code of Regulations Title 22, § 7352, as stated in the above section
☐ Contractor will be in full compliance with California Code of Regulations Title 22, § 7352, as stated in the above section once current agreement has ended ☐ Contractor does not have an agreement in place with a for-profit vendor and agrees to comply with California Code of Regulations Title 22, § 7352 stated above Additional IFB/RFP guidance can be found under California Code of Regulations Title 22, § 7354.
____________________ _____________________
Name of agency signatory Contractor/Agency Name
______________________ _____________________
Signature Date
Exhibit A
Issued by County of San Mateo Contract Compliance Committee August 5, 2013

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

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

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

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

Name of 504 Person:

Name of Contractor(s):

Street Address or P.O. Box:

City, State, Zip Code:

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

Title of Authorized Official:

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

South San Francisco City CouncilSeptember 9, 2026

South San Francisco City Council
September 9, 2026