March 22, 2022 - Orange County Board of Supervisors

ORANGE COUNTY BOARD OF SUPERVISORS

A g e n d a R e v i s i o n s a n d S u p p l e m e n t a l s Note: This supplemental agenda is updated daily showing items that have been added, continued, deleted or modified.

No new supplemental items will be added to the agenda following close of business on Friday.

REVISIONS AND SUPPLEMENTALS TO MARCH 22, 2022 AGENDA - PAGE 1 OF 3

Document last updated: 3/17/2022 2:48 PM

March 22, 2022

DISCUSSION 16. Deleted 24. Revised Title to read:

Health Care Agency - Authorize State Department of Housing and Community Development to administer balance of federal allocation of Emergency Rental Assistance Round 1 Program ($19,200,000) ($25,000,000); authorize Director or designee to execute related documents; and authorize Auditor-Controller to send via electronic funds transfer to State Department of Housing and Community Development ($19,200,000) ($25,000,000) - All Districts

THE FOLLOWING AGENDA ITEMS HAVE HAD CHANGES TO THEIR RECOMMENDED ACTIONS SINCE RELEASE OF THE AGENDA TO THE PUBLIC: Item: 24

S u p p l e m e n t a l I t e m (s) S45A. Vice Chairman Wagner - Approve addition of Love Irvine and Love Yorba Linda community service

days to County Events Calendar and make related findings per Government Code Section 26227 S45B. Vice Chairman Wagner - North Tustin Advisory Committee - Reappoint David Feldberg for term

ending 3/31/25 and Dessa Schroeder, North Tustin for terms ending 3/31/24 S45C. Vice Chairman Wagner - Orange Park Acres Advisory Committee - Reappoint Sherry Panttaja and

Laura Thomas for terms ending 12/31/24; appoint Cindy Reina, Nancy Flathers and Mark Sandford for terms 12/31/22 and appoint James Jackman for term ending 12/31/24

S45D. County Counsel - Approve appointment of hearing officer under sections 4-9-9 and 5-2-19 of Orange

County Code of Ordinances to hear and make determination on Symons Emergency Specialty Inc. dba Symbiosis’ appeal of denial of its ambulance license renewal application - All Districts

S45E. Health Care Agency - Approve amendment 2 to Sponsorship agreement MA-042-20010901 with Angels

Baseball LP for strategic marketing and outreach services, 12/31/21 - 12/30/22 ($1,600,000; cumulative total $4,870,000); and authorize County Procurement Officer or Deputized designee to exercise cost contingency increase not to exceed 10% under certain conditions and execute amendment - All Districts






S45F. OC Community Resources - Ratify contracts MA-012-22011188 with Age Well Services, Inc. for

Elderly Nutrition Program, transportation, case management and in-home care services ($585,812), MA-012-22011189 with Community SeniorServ, Inc. dba Meals on Wheels Orange County for adult day care, Elderly Nutrition Program, transportation, case management and in-home care services ($2,725,272), and MA-012-22011190 with St. Jude Hospital, Inc. dba St. Jude Medical Center for Family Caregiver Support Program ($233,479), terms ending 9/30/2022; and authorize Director or designee to execute contracts - All Districts

S45G. Vice Chairman Wagner - Direct County Executive Officer to draft a letter to Governor and Orange

County’s State Legislative delegation requesting a temporary six-month suspension of California’s gas tax and request to backfill funds using State’s budget surplus

S45H. Supervisor Foley - Designate third week in March as “Women’s Military History Week” and add to list

of official honorary and ceremonial events S45I. Supervisor Foley - Direct County Executive Officer to draft a letter to Governor of California requesting

temporary one-year suspension of State of California’s 0.51 cent gas tax to be backfilled by State’s budget surplus or an equivalent tax rebate and ensure that any tax break or rebate would include mechanism that oil companies will actually decrease their prices

S45J. Chairman Chaffee - Approve creation of Group Home/Sober Living Ad Hoc consisting of

Supervisor Bartlett and Supervisor Foley S45K. Chairman Chaffee - Approve addition of Kitten Shower and Foster Starter Kits in partnership with

OC Animal Care to County Events Calendar and make related findings per Government Code Section 26227

S46A. County Counsel - Pursuant to Government Code Section 7283.1, conduct public hearing regarding

Transparent Review of Unjust Transfers and Holds (TRUTH) Act and receive and file information from County law enforcement departments regarding Immigration and Customs Enforcement’s access to individuals in 2021 - All Districts

SCS1. County Counsel - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to

Government Code Section 54956.9(d)(1): Name of Case: Orange County Board of Education, Jade Ausmus v. Orange County Committee on School District Organization; Orange County Registrar of Voters, and Does 1-10 OCSC Case No.: 30-2022-01242499-CU-WM-CJC

SCS2. County Counsel - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -

SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to Government Code Section 54956.9(d)(2): Number of Cases: One Case


Government Code Section 54956.9(d)(1): Name of Case: BNSF Railway Company v. Alameda County, et al, USDC Case No. 19-cv-07230-HSG







Government Code Section 54956.9(d)(1): Name of Case: Timothy Walker v. County of Orange WCAB Case Number: ADJ13501039

Agenda Item

AGENDA STAFF REPORT

ASR Control 21-001118

MEETING DATE: 03/22/22

LEGAL ENTITY TAKING ACTION: Board of Supervisors

BOARD OF SUPERVISORS DISTRICT(S): All Districts

SUBMITTING AGENCY/DEPARTMENT: County Executive Office (Approved)

DEPARTMENT CONTACT PERSON(S): Peter DeMarco (714) 834-5777

Julie Bechtol (714) 834-2009

SUBJECT: Grant Applications/Awards Report

CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Concur Approved Resolution to Form Discussion

3 Votes Board Majority

Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A

Staffing Impact: No # of Positions: Sole Source: N/A Current Fiscal Year Revenue: N/A

Funding Source: N/A County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Approve grant applications/awards as proposed and other actions as recommended.

1. Approve Retroactive Grant Application – Social Services Agency – Emergency ResponseEnhancement Funds – $2,721,976

2. Approve Grant Application – Social Services Agency – Bringing Families Home -$3,609,346

3. Approve Grant Application – OC Public Works – Hazard Mitigation Grant Program OrangeCounty Floodplain Management Plan – $975,000

4. Approve Grant Application – OC Public Works – Bridges at Warner Ave, Springdale St,and Edwards St. Construction Project – $9,375,000

5. Approve Grant Application – OC Public Works – Rossmoor Storm Channel FloodResiliency Project – $10,275,000

6. Approve Grant Application – Health Care Agency – Naloxone Distribution Project –$157,500

42

7. Approve Grant Application and Adopt Resolution – Health Care Agency – Pet Assistance and Support – $200,000

8. Approve Grant Application – Health Care Agency – Behavioral Health Continuum Infrastructure Program (BHCIP) – $10,000,000

9. Approve Grant Award- Health Care Agency – Refugee Health Assessment Program (RHAP) – $80,000

10. Approve Grant Award – Health Care Agency – Preparedness for Public Health Laboratories Workforce Training – $170,000

11. Approve Grant Award – Sheriff Coroner – Homeland Security – $3,216,641

12. Approve Grant Award – OC Waste and Recycling – Edible Food Recovery Grant – $150,000

13. Approve Ratified Grant Award – OC Waste and Recycling – Organics Grant – $3,000,000

14. Approve Grant Award and Adopt Resolution – District Attorney – Human Trafficking Advocacy Program – $154,500

15. Approve FY 2022 – 2023 Grant Matrix – District Attorney – $12,338,979

16. Receive and File Grants Report.

SUMMARY:

See the attached Grants Report. BACKGROUND INFORMATION:

See the attached Grants Report. FINANCIAL IMPACT:

N/A STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Grants Report Attachment B - HCA Pet Assistance Resolution Attachment B - DA Human Trafficking Resolution

DRAFT County Executive Office/Legislative Affairs

March 22, 2022 Item No: 42

County of Orange Report on Grant Applications/Awards

The Grants Report is a condensed list of grant requests by County Agencies/Departments that allows the Board of Supervisors to discuss and approve grant submittals in one motion at a Board meeting. County policy dictates that the Board of Supervisors must approve all grant applications prior to submittal to the grantor. This applies to grants of all amounts, as well as to new grants and those that have been received by the County for many years as part of an ongoing grant. Receipt of grants $50,000 or less is delegated to the County Executive Officer. Grant awards greater than $50,000 must be presented to the Board of Supervisors for receipt of funds. This report allows for better tracking of county grant requests, the success rate of our grants, and monitoring of County’s grants activities. It also serves to inform Orange County’s Sacramento and Washington, D.C. advocates of County grant activities involving the State or Federal Governments.

On March 22, 2022 the Board of Supervisors will consider the following actions:

RECOMMENDED ACTIONS

Approve grant applications/awards as proposed and other actions as recommended.

ACTION ITEMS:

1. Approve Retroactive Grant Application – Social Services Agency – Emergency ResponseEnhancement Funds – $2,721,976

2. Approve Grant Application – Social Services Agency – Bringing Families Home - $ 3,609,346

3. Approve Grant Application – OC Public Works – Hazard Mitigation Grant Program OrangeCounty Floodplain Management Plan – $975,000

4. Approve Grant Application – OC Public Works – Bridges at Warner Ave, Springdale St, andEdwards St. Construction Project – $9,375,000

5. Approve Grant Application – OC Public Works – Rossmoor Storm Channel Flood ResiliencyProject – $10,275,000

6. Approve Grant Application – Health Care Agency – Naloxone Distribution Project – $157,500

7. Approve Grant Application and Adopt Resolution – Health Care Agency – Pet Assistance andSupport – $200,000

8. Approve Grant Application – Health Care Agency – Behavioral Health Continuum InfrastructureProgram (BHCIP) – $10,000,000

9. Approve Grant Award- Health Care Agency – Refugee Health Assessment Program (RHAP) –$80,000

10. Approve Grant Award – Health Care Agency – Preparedness for Public Health Laboratories Workforce Training – $170,000

11. Approve Grant Award – Sheriff Coroner – Homeland Security – $3,216,641 12. Approve Grant Award – OC Waste and Recycling – Edible Food Recovery Grant – $150,000 13. Approve Ratified Grant Award – OC Waste and Recycling – Organics Grant – $3,000,000

14. Approve Grant Award and Adopt Resolution – District Attorney – Human Trafficking Advocacy

Program – $154,500

15. Approve FY 2022 – 2023 Grant Matrix – District Attorney – $12,338,979 16. Receive and File Grants Report.

If you or your staff have any questions or require additional information on any of the items in this report, please contact Julie Bechtol at 714-834-2009.

Attachment A

CEO-Legislative Affairs Office Grant Authorization eForm

Grant Authorization e-Form

GRANT APPLICATION / GRANT AWARD

Today’s Date: 3/22/2022 Requesting Agency/Department: Social Services Agency Grant Name and Project Title: Emergency Response Enhancement Funds Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

California Department of Social Services

Application Amount Requested: $2,721,976 Application Due Date: 3/19/2022 Board Date when Board Approved this Application: N/A

Awarded Funding Amount: N/A Notification Date of Funding Award: N/A Is this an Authorized Retroactive Grant Application/Award? Yes (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:

If this is a recurring grant, please list the funding amount applied for and awarded in the past:

N/A

Does this grant require CEQA findings? Yes No

What Type of Grant is this? Competitive Other Type Explain: Non-competitive allocation.

County Match? Yes Amount_____ or ______ % No

How will the County Match be Fulfilled? (Please include the specific budget)

N/A

Will the grant/program create new part or full-time positions? Yes

Purpose of Grant Funds: Provide a summary and brief background of why Board of Supervisors should accept this grant application/award, and how the grant will be implemented.

The California Department of Social Services (CDSS) released All County Letter (ACL) 22-02 on December 20, 2021, notifying counties of available funding appropriated in the state Budget Act of 2021 to enhance counties’ child welfare agencies’ existing Emergency Response (ER) services, resulting in a net increase of staff for hotline and investigation functions. The state Budget Act of 2021 (Section 116, Provision 39) appropriated $50 million of state general funds for the aforementioned purposes. An allocation of $2,721,976 is available to the County for this purpose. The funds are available for encumbrance or expenditure until 6/30/2025.

ER services, as defined in Welfare and Institutions Code Section 16501(f), consist of the response system providing in-person response, 24 hours a day, seven days a week, to reports of child abuse, neglect, or exploitation, for the purpose of investigation, determination of initial intake services and crisis intervention to maintain the child safely in their own home or to protect the safety of the child. County ER programs experience a complex, demanding and high workload volume. With the constraints families are experiencing during the pandemic, the County child welfare workforce has been facing many new challenges. Schools were shut down and businesses were closed, leaving many families and children vulnerable. The heightened stress and trauma experienced by some families increased social worker workloads and contributed to staffing concerns. Additional workload support is needed to address these increased needs.

In addition to using funds to increase the number of ER social workers, counties may also use this funding to increase supervisory and support staff, who make vital contributions to the ER workforce, and who will support high-quality investigations and improve outcomes for the children and families served. The additional funding will support counties with

Attachment A



reducing staff turnover and enhancing ER investigations.

Since the release of ACL 22-02, the Social Services Agency (SSA) has been conferring with the Human Resources Department and Financial Services Team to evaluate the appropriateness of leveraging this funding opportunity. Through these discussions, it was recently determined that this new funding would support SSA’s ER services and social worker retention efforts. This request for approval of the grant application is being submitted to the Board retroactively due to the difficulties/delays encountered in identifying viable strategies around which to use this funding.

The deadline for counties to opt-in was originally identified as 3/4/2022 but was extended for 15 days to 3/19/2022.

SSA plans to return to the Board with a request to accept funding should the ER Enhancement Funds application be approved.

Board Resolution Required? (Please attach document to eForm)

Yes No

Deputy County Counsel Name: (Please list the Deputy County Counsel that approved the Resolution) Recommended Action/Special Instructions (Please specify below)

1. Authorize the Social Services Agency Director, or designee, to apply for the California Child Welfare ServicesEmergency Response Enhancement Funds allocation in the amount of $2,721,976.

2. Authorize the Social Services Agency Director, or designee, to submit a plan to the California Department of SocialServices outlining the agency’s intended strategies to administer the funds.

Department Contact: List the name and contact information (telephone, e-mail) of the staff person to be contacted for further information.

Debra Baetz, 714-541-7773, [email protected] Name of the individual attending the Board Meeting:

List the name of the individual who will be attending the Board Meeting for this Grant Item:

Debra Baetz, 714-541-7773, [email protected]

Attachment A

mailto:[email protected]






Today’s Date: March 22, 2022 Requesting Agency/Department: Social Services Agency Grant Name and Project Title: Bringing Families Home Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

California Department of Social Services

Application Amount Requested: $3,609,346 Application Due Date: March 25, 2022 Board Date when Board Approved this Application: N/A

Awarded Funding Amount: N/A Notification Date of Funding Award: N/A Is this an Authorized Retroactive Grant Application/Award? (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


$812,160, FY 2019-20


What Type of Grant is this? Competitive Other Type Explain: Non-competitive allocation



N/A

Will the grant/program create new part or full-time positions? No

Purpose of Grant Funds: Provide a summary and brief background of why Board of Supervisors why should accept this grant application/award, and how the grant will be implemented.

The California Department of Social Services released an All County Welfare Directors Letter on February 11, 2022, notifying counties of available funding appropriated in the state Budget Act of 2021 (Senate Bill (SB) 129 (Chapter 69, Statutes of 2021)) to establish, continue, and expand housing and homelessness assistance and prevention through the Bringing Families Home (BFH) program. The Budget Act of 2021 appropriated a total of $92.5 million in General Funds for this purpose and an allocation of $3,609,346 is available to the County. The funds are available for expenditure until June 30, 2024.

BFH provides housing supports to families receiving child welfare services who are experiencing or at risk of homelessness, thereby increasing family reunification and preventing foster care placement. The program offers financial assistance and housing-related wrap-around supportive services, including, but not limited to: rental assistance, housing navigation, case management, security deposits, utility payments, moving costs, hotel and motel vouchers and credit repair. The program has supported system changes within communities by helping build partnerships between child welfare systems and the greater homelessness response system, resulting in more coordinated, efficient and effective

Attachment A



service provision. BFH has also increased use of homeless data tracking by utilizing and collaborating with the Orange County Continuum of Care, the Orange County Coordinated Entry System, and the Homeless Management Information System. The current BFH contract was approved by the Board on June 23, 2020, for the term of July 1, 2020, through June 30, 2022.

SSA must submit a Director’s Certification to accept the noncompetitive allocation of $3,609,346 by March 25, 2022. Funds not accepted by counties will be eligible to be redistributed to counties willing to accept additional funds. SSA will bring back to the Board for approval any award agreement received subsequent to the application submission.


Yes No


Authorize the Social Services Agency Director, or designee, to apply for the Bringing Families Home funds allocation in the amount of $3,609,346 and execute an agreement with the State of California Department of Social Services to administer Bringing Families Home funds.

Department Contact : List the name and contact information (telephone, e-mail) of the staff person to be contacted for further information.

Debra Baetz, 714-541-7773, [email protected] Name of the individual attending the Board Meeting:


Debra Baetz, 714-541-7773, [email protected]

Attachment A







Today’s Date: March 11, 2022 Requesting Agency/Department: OC Public Works

Grant Name and Project Title: Hazard Mitigation Grant Program – Orange County Floodplain Management Plan

Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

Grant Source: FEMA Hazard Mitigation Grant Program Applicant Agency: California Governor’s Office of Emergency Services (Cal-OES) Sub-Applicant: County of Orange

Application Amount Requested: $975,000 Application Due Date: April 8, 2022 Board Date when Board Approved this Application: N/A

Awarded Funding Amount: N/A Notification Date of Funding Award: Is this an Authorized Retroactive Grant Application/Award? (If yes, attach memo to CEO) No Recurrence of Grant New Recurrent Other Explain:


N/A


What Type of Grant is this? Competitive Other Type Explain:

County Match? Yes Amount $325,000(25% match) No


Fund 400



The California Governor’s Office of Emergency Services (Cal-OES) is providing funding opportunities for FEMA’s Hazard Mitigation Grant Program (HMGP) to implement mitigation activities to reduce risk to life and property from natural hazards such as flooding. Cal-OES has reviewed and approved the submitted Notice of Intent (NOI) and invited County of Orange as a sub-applicant to submit a full grant sub-application for the project. The Orange County Floodplain Management Plan will cover the entire Westminster Watershed, the Santa Ana River within Orange County, as well as communities within Orange County that currently participate in the Community Rating System (CRS) program.

The total project cost is estimated at $1,300,000. The grant request is for $975,000 and the required 25% County match is $325,000.


Yes No

Deputy County Counsel Name: (Please list the Deputy County Counsel that approved the Resolution)

N/A

Attachment A



Recommended Action/Special Instructions (Please specify below) Authorize the Director of OC Public Works or designee to:

1. Submit a sub-application to Cal-OES to obtain funding for the Orange County FloodplainManagement Plan;

2. Execute the funding agreement with Cal-OES and/or FEMA and any amendments thereto;3. Prepare the necessary data, make investigations, and take other such actions as necessary and

appropriate to execute the Orange County Floodplain Management Plan;


Sonica Kohli, 714/647-3910, [email protected]

Name of the individual attending the Board Meeting:


Kevin Onuma, County Engineer, OC Public Works Nardy Khan, Deputy Director, OC Infrastructure Programs, OC Public Works

Attachment A







Grant Name and Project Title: Hazard Mitigation Grant Program – Bridges at Warner Ave, Springdale St, and Edwards St. Construction Project



Application Amount Requested: $9,375,000 Application Due Date: April 8, 2022 Board Date when Board Approved this Application: N/A



N/A



County Match? Yes Amount $3,125,000 (25% match) No


Fund 401



The California Governor’s Office of Emergency Services (Cal-OES) is providing funding opportunities for FEMA’s Hazard Mitigation Grant Program (HMGP) to implement mitigation activities to reduce risk to life and property from natural hazards such as flooding. Cal-OES has reviewed and approved the submitted Notice of Intent (NOI) and invited County of Orange as a sub-applicant to submit a full grant sub-application for the project. This project scope includes retrofitting and installing flood walls on both upstream and downstream sides of the three bridges to meet the FEMA freeboard requirements. The grant funding request is for the construction phase of the project.

The total construction phase cost is estimated at $12,500,000. The grant request is for $9,375,000 and the required 25% County match is $3,125,000.


Yes No


N/A

Attachment A



Recommended Action/Special Instructions (Please specify below) Authorize the Director of OC Public Works or designee to:

1. Submit a sub-application to Cal-OES to obtain funding for the Bridges at Warner Ave, SpringdaleSt, and Edwards St. Construction Project from FEMA;


appropriate to execute Bridges at Warner Ave, Springdale St, and Edwards St. ConstructionProject;






Attachment A







Grant Name and Project Title: Hazard Mitigation Grant Program –Rossmoor Storm Channel Flood Resiliency Project



Application Amount Requested: $10,275,000 Application Due Date: April 8, 2022 Board Date when Board Approved this Application: N/A



N/A



County Match? Yes Amount $3,425,000 (25% match) No


Fund 400



The California Governor’s Office of Emergency Services (Cal-OES) is providing funding opportunities for FEMA’s Hazard Mitigation Grant Program (HMGP) to implement mitigation activities to reduce risk to life and property from natural hazards such as flooding. Cal-OES has reviewed and approved the submitted Notice of Intent (NOI) and invited County of Orange as a sub-applicant to submit a full grant sub-application for the project. The Rossmoor Storm Channel Flood Resiliency Project will remove the existing unreinforced concrete trapezoidal channel sections with reinforced concrete trapezoidal sections and modify culvert crossings to increase hydraulic capacity. The grant funding request is being considered in two phases. Phase 1 is for the environmental and design phase of the project and Phase 2 is for the construction of the project.

The total project cost for both phases is estimated at $13,700,000. The grant request is for $10,275,000 and the required 25% County match is $3,425,000.


Yes No

Deputy County Counsel Name: N/A

Attachment A



(Please list the Deputy County Counsel that approved the Resolution)

Recommended Action/Special Instructions (Please specify below)Authorize the Director of OC Public Works or designee to:

1. Submit a sub-application to Cal-OES to obtain funding for the Rossmoor Storm Channel FloodResiliency Project from FEMA;


appropriate to execute Rossmoor Storm Channel Flood Resiliency Project;Department Contact : List the name and contact information (telephone, e-mail) of the staff person to be contacted for further information.





Attachment A






Today’s Date: 03/15/2022 Requesting Agency/Department: OCHCA – Mental Health Recovery Services (MHRS) Grant Name and Project Title: Naloxone Distribution Project Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

Department of Health Care Services (DHCS)

Application Amount Requested: 2100 units of Naloxone (at $75 per unit, that equates to $157,500 in Naloxone distribution)

Application Due Date: Ongoing project Board Date when Board Approved this Application: N/A Awarded Funding Amount: N/A Notification Date of Funding Award: N/A Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


N/A


What Type of Grant is this? Competitive

Other Type Explain: This is a non-competitive allocation, based on a formula calculated by the state for each County



N/A



The Health Care Agency (HCA) Mental Health Recovery Services (MHRS) is requesting to apply for this grant opportunity for free naloxone units, through the Department of Health Care Services (DHCS) Naloxone Distribution Project. Naloxone is a non-addictive medication that blocks the effects of opioids, and can quickly reverse an opioid overdose. Recent statistical information showed that 39,000 units of Naloxone has been approved for distribution in Orange County since the Naloxone Distribution Project implementation in October 2018, valued at $2,925,000.

As of November 30, 2020, there has been a total of 25,685 reported reversals in Orange County. According to the most recent Opioid Overdose & Death in Orange County, between 2011 and 2015 there has been a total of 7,457 Opioid overdose ED visits (more than double since 2005) and 1,207 opioid-related deaths. Having Naloxone available at OC HCA MHRS Substance use Disorders (SUD) County Clinics, Children and Youth Behavioral Health (CYBH) County-operated programs, and Outreach and Engagement (O&E) programs will reduce critical response

Attachment A



time in the event of a suspected overdose emergency. Our goal is to reduce the Orange County Opioid overdose rate, reduce the number of Opioid overdose ED hospitalizations and costs associated with hospitalizations, and to increase the number of lives saved through Opioid overdose reversals

OC HCA has an established Naloxone Policy and Procedure in place that includes training, storage, distribution and disposal, and meets criteria to submit applications to DHCS to participate in the Naloxone Distribution Project. Through the Naloxone Distribution Project, nine OC HCA – MHRS SUD County Clinics will gain additional access to Naloxone free of charge and will be able to distribute to those individuals that qualify. Additionally, O&E and CYBH programs will gain access to Naloxone free of charge and will be able to distribute to those individuals that qualify. HCA – MHRS will receive the Naloxone free of charge for a total savings of $157,500. MHRS previously received 252 units of Naloxone (at $75 per unit, that equates to $18,900 in Naloxone distribution) in February 2021 and 1104 units of Naloxone (at $75 per unit, that equates to $82,800 in Naloxone distribution) in September 2021. Naloxone can be reordered, free of charge, as long as the project remains active with DHCS.

If awarded, HCA will return to the Board to accept the naloxone and approval of the grant agreement.


Yes No

Deputy County Counsel Name: (Please list the Deputy County Counsel that approved the Resolution) Recommended Action/Special Instructions (Please specify below) Authorize the Health Care Agency Director or designee to apply for Naloxone units from the California Department of Health Case Services free of charge for a total savings of $157,500.


Veronica Kelley, Chief of Mental Health and Recovery Services [email protected] phone: 714-834-7024 Name of the individual attending the Board Meeting:


Veronica Kelley, Chief of Mental Health and Recovery Services [email protected] phone: 714-834-7024

Attachment A







Today’s Date: March 10, 2022

Requesting Agency/Department: Health Care Agency Office of Care Coordination Homeless Services

Grant Name and Project Title: Pet Assistance and Support (PAS) Program Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

California Department of Housing and Community Development

Application Amount Requested: $200,000 Application Due Date: April 8, 2022 Board Date when Board Approved this Application: N/A

Awarded Funding Amount: N/A Notification Date of Funding Award: Expected June 2022 Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


FY2020 Application: $200,000 FY2020 Award: $149,898



County Match? Yes Amount: No


N/A



The California Department of Housing and Community Development issued a Notice of Funding Availability for the Pet Assistance and Support (PAS) Program on February 25, 2022 with a deadline to apply for the funding by no later than April 8, 2022. The PAS Program provides funding to provide shelter, food, basic veterinary services, and staffing and liability insurance related to providing those services to qualified homeless shelters housing common household pets with their owners. The intent of the program is to reduce barriers for individuals experiencing homelessness with their pets. By making accommodations for pets, more owners who are experiencing homelessness would be inclined to obtain medical, as well as living assistance, and the conditions of their pets would improve. The first round of the PAS grant allocation, currently supports pets at the Yale Navigation Center with an expenditure date of June 30, 2022.

The Office of Care Coordination is pursuing this grant opportunity to bring additional funding and resources to the operations of the County of Orange’s operated emergency shelters in support of individuals experiencing homelessness and their pets. Board Resolution Required? (Please attach document to eForm)

Yes No

Attachment A



Deputy County Counsel Name: (Please list the Deputy County Counsel that approved the Resolution) Massoud Shamel Recommended Action/Special Instructions (Please specify below) Authorize the Office of Care Coordination Director or designee to submit a grant proposal for the Pet Assistance and Support (PAS) Program. Department Contact : List the name and contact information (telephone, e-mail) of the staff person to be contacted for further information. Douglas Becht Director Office of Care Coordination [email protected] (714) 834-5000 Name of the individual attending the Board Meeting: List the name of the individual who will be attending the Board Meeting for this Grant Item: Douglas Becht Director Office of Care Coordination [email protected] (714) 834-5000

Attachment A

OFFICE OF THE DIRECTOR

CLAYTON CHAU, MD PhDDIRECTOR/COUNTY HEALTH OFFICER

MINDY WINTERSWYK, PT, DPT, PCSINTERIM ASSISTANT AGENCY

DIRECTOR

405 W. 5th STREET, 7th FLOORSANTA ANA, CA 92701

www.ochealthinfo.com

Resolution ##-###County of Orange

AUTHORIZING RESOLUTION

A majority of the Board of Supervisors of the County of Orange (“Applicant”) hereby consent to, adopt and ratify the following resolutions:

A. WHEREAS the State of California (the “State”), California Department ofHousing and Community Development (“Department”) issued a Notice of Funding

Availability (“NOFA”) dated 02/25/2022 under the Pets Assistance and Support(PAS) program (program, or PAS program); and

WHEREAS Applicant will receive a PAS program grant to fund shelter, food, andveterinarian services, staffing and liability insurance related to providing those services.

B. WHEREAS the Department may approve funding allocations for the PASprogram, subject to the terms and conditions of the NOFA, PAS program

requirements, and the Standard Agreement and other contracts between theDepartment and PAS program grant recipients.

NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PAS program funds from the Departmentpursuant to the above referenced PAS program NOFA, it represents and certifiesthat it will use all such funds in a manner consistent and in compliance with allapplicable state and federal statutes, rules, regulations, and laws, including withoutlimitation all rules and laws regarding the PAS program, as well as any and allcontracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PAS program grant, inan amount not to exceed $300,000 in accordance with all applicable rules andlaws.

3. Applicant hereby agrees to use the PAS program funds for eligible activities asapproved by the Department and in accordance with all program requirements,and other rules and laws, as well as in a manner consistent and in compliancewith the Standard Agreement and other contracts between the Applicant and theDepartment.

Attachment B

Pet Assistance and Support (PAS) Resolution

March 22, 2022

Page 2 of 2

4. The Director of OC Health Care Agency or designee is authorized to execute theStandard Agreement and any subsequent amendments or modifications thereto, aswell as any other documents which are related to the PAS program or the PASprogram grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the County of Orange Board ofSupervisors this 22nd day of March 2022 by the following vote:

AYES: _ ABSTENTIONS:_NOES: ABSENT:

Signature of Approving OfficerDoug Chaffe, Chairman

ATTEST:Signature of Attesting OfficerRobin Stieler, Clerk of the Board

Attachment B




Today’s Date: 3/15/22 Requesting Agency/Department: HCA/MHRS

Grant Name and Project Title: Behavioral Health Continuum Infrastructure Program Launch Ready Grant and Community Care Expansion Program


Department of Health Care Services and California Department of Social Services

Application Amount Requested: $10,000,000 Application Due Date: March 31, 2022 Board Date when Board Approved this Application: n/a

Awarded Funding Amount: n/a Notification Date of Funding Award: n/a Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


n/a



County Match? Yes Amount_____ or ___10___ % No


HCA is currently exploring match funding options and will update the Board when a determination has been made.



Orange County is home to approximately 3.3 million residents. Currently, OC only has behavioral health (bh) and substance abuse in-patient capacity for 30 percent of the overall population. The current behavioral health and substance abuse disorder services system is fragmented and leaves families and individuals trying to navigate through a patchwork system. The County’s best mental health resources have entered an unprecedented partnership between public, private, faith and academic entities coming together to form Be Well, with a core principle of the Be Well Campus being the provision of services to ALL; the services are payor-agnostic and accept patients with Medi-Cal, private insurance, and the uninsured.

The Behavioral Health Continuum Infrastructure Program (BHCIP) and the Community Care Expansion (CCE) Program are designed to work in tandem to construct, acquire and expand properties and invest in and address State Priorities, including: investing in behavioral health (bh) and community care options that advance racial equity, seek geographic equity of bh and community care options, address urgent gaps in the care continuum for people with bh conditions, including seniors, adults with disabilities and children and youth, increase options across the life span that serve as an alternative to incarceration, hospitalization, homelessness and institutionalization and more.

Attachment A



If HCA is awarded the $10 million in grant funds, it would be used to help construct the second Be Well Campus in Irvine. The property, adjacent to the Great Park, provides an opportunity to develop 22 acres for this campus.

The Irvine Be Well Campus will improve timely access to community-based mental health crisis services, through the development of net-new facilities, which will operate 24 hours a day, 7 days a week, 365 days a year. The Irvine Campus will have quick and easy access from multiple major freeways and will be located within a highly populated residential neighborhood. The Be Well Irvine Campus will provide crisis stabilization beds/recliners for youth and adults, the second sobering station in OC, adult and adolescent SUD Residential and Co-Occurring Residential and Withdrawal Management. This second Be Well campus provides the ability to unify the fragmented support system under one roof.

The Be Well Irvine project aims to start site demolition and grading in July/August of 2022, with building construction starting November/December of 2022. The project aims to complete construction by late 2023/early 2024, with a phased go-live date in quarter 1 of 2024.

If awarded the grant funds, HCA will return to your honorable Board of Supervises to request approval to accept funds.


Yes No


1. Authorize the Health Care Agency Director, or designee, to submit an application to the Department of Health CareServices for the Behavioral Health Continuum Infrastructure Program grant in the amount of $10 million to constructthe second Be Well Irvine Campus by 2024.






Attachment A







Today’s Date: March 9, 2022 Requesting Agency/Department: Health Care Agency / Public Health Clinical Services Grant Name and Project Title: Refugee Health Assessment Program (RHAP) Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

California Department of Public Health (CDPH), Office of Refugee Health (ORH)

Application Amount Requested: N/A Application Due Date: N/A Board Date when Board Approved this Application: January 11, 2022 Awarded Funding Amount: $80,000 (supplemental allocation) Notification Date of Funding Award: March 4, 2021 Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


N/A


What Type of Grant is this? Competitive Other Type Explain: Formula Based

County Match? Yes Amount No


N/A

Will the grant/program create new part or full-time positions? N/A


The California Department of Public Health Office of Refugee Health is allocating funds to HCA for the Refugee Health Assessment Program (RHAP). The goal of the RHAP is to provide comprehensive health assessment to newly arrived refugees, asyless and other eligible entrants. HCA received an award letter for $257,746 in RHAP funding in November of 2021 and brought the award for retroactive Board approval on January 11, 2022. HCA was then notified on March 4th of an additional allocation of $80,000. Neither the initial, nor the supplemental award required an application from HCA.

With the influx of Afghan refugees in the County of Orange, the completion of the health assessment is essential to meeting RHAP’s goal. Funds will be used for the screening of and prevention of communicable diseases; early identification and diagnosis of chronic diseases and other important conditions; assessment of immunization status for children and adults; mental health screening; and referral to health providers for further medical evaluation, treatment, and follow-up. Board Resolution Required? (Please attach document to eForm) Yes No

Attachment A




Recommended Action/Special Instructions (Please specify below)

The Health Care Agency requests that the Board of Supervisors approve the Recommended Action authorizing the Agency to accept this grant award for the term of October 1, 2021 through September 30, 2022, along with all required documents, and delegate authority to the HCA Director, or designee, to sign and execute all required forms and future amendments to the Agreement that do not change the Agreement amount by more than 10% of the original amount and/or make immaterial changes to the scope of work.


Dr. Margaret Bredehoft, 714 834-3882, [email protected]



Dr. Clayton Chau

Attachment A






Today’s Date: March 3, 2022 Requesting Agency/Department: Health Care Agency

Grant Name and Project Title: Epidemiology and Laboratory Capacity Public Health Laboratories Preparedness Supplement for PHL Workforce Training Funding


California Department of Public Health (CDPH), Emergency Preparedness Office (EPO)

Application Amount Requested: $170,000 Application Due Date: October 1, 2021 (extended to November 1, 2021) Board Date when Board Approved this Application: October 19, 2021

Awarded Funding Amount: $170,000 Notification Date of Funding Award: March 1. 2022 Is this an Authorized Retroactive Grant Application/Award? No. (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


N/A


What Type of Grant is this? Competitive Other Type Explain: Formula driven Allocation



N/A



CDPH, EPO is allocating these ELC PHL Preparedness Supplement #1 Workplan funds to Local Public Health Laboratories (LPHLs) to support work force development and Continuity of Operations Plan (COOP) participation for state-wide COVID emergency testing. The activities proposed for use of these funds aim to build upon and leverage the investments of the past months, with a key goal of addressing gaps in the public health workforce and emergency preparedness. Orange County LPHL will use this funding to complete the following activities for ELC PHL Preparedness:

• Public Health Microbiology (PHM) training to include all of the modules recommended by the California Department ofPublic Health (CDPH) to prepare for state certification exams. OC PHL will train two PHM trainees in 2022.

• Provide LabAspire Public Health Laboratory Director Training Fellowship to prepare Fellow for national boardcertification exams. OC PHL supports one Lab Aspire Fellow as she works to complete her DrPH project on Candida auris screening and surveillance testing.

• Continuity of Operations Plan (COOP) participation for state-wide COVID emergency testing. OCPHL is working with

Attachment A



CDPH to develop interfaces to be able to accept COVID specimens from the CDPH Valencia Branch Lab to provide back up testing in the event of an emergency.


Yes No


The Health Care Agency requests that the Board of Supervisors approve the Recommended Action authorizing the Agency to accept the award for this grant for the term of July 1, 2021 to July 31, 2022, and delegate authority to the HCA Director, or designee, to execute the Acceptance of Award and any forms needed in the award process.

Authorize the Health Care Agency Director, or designee, to execute such future amendments to the Agreement referenced above that do not change the Agreement amount by more than 10% of the original amount and/or make immaterial changes to the scope of work.


Dr. Margaret Bredehoft, 714 834-3882, [email protected]



Dr. Clayton Chau

Attachment A




Today’s Date: March 8, 2022 Requesting Agency/Department: Sheriff-Coroner Department Grant Name and Project Title: 2021 – Homeland Security Grant Program (HSGP) Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

U.S. Department of Homeland Security

Application Amount Requested: $3,216,641 Application Due Date: December 31, 2021 Board Date when Board Approved this Application: December 7, 2021

Awarded Funding Amount: $3,216,641 Notification Date of Funding Award: March 3, 2022 Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


2016: $3,285,915 2017: $3,266,534 2018: $3,270,462 2019: $3,389,080 2020: $3,380,749


What Type of Grant is this? Competitive Other Type Explain: Allocation through DHS.



Not Applicable


Purpose of Grant Funds: Provide a summary and brief background on why the Board of Supervisors should accept this grant application/award, and how the grant will be implemented.

The Homeland Security Grant funds will support state and local Operational Areas to prevent terrorism and other catastrophic events and prepare the Nation for the threats and hazards that pose the most significant risk to the security of the United States. On December 7, 2021, the Sheriff’s Department received Board of Supervisors approval to apply for the 2021 Homeland Security Grant Program (HSGP).

Operational Areas are required to appoint an Anti-Terrorism and All-Hazards Approval Body to determine the allocation of grant funding. The approval body for the Orange County Operational Area consists of the Sheriff-Coroner, the County Public Health Officer, the Fire Chief for Orange County Fire Authority, a municipal fire chief, and a municipal police chief. The County’s HSGP allocation of $3,216,641 will support existing staff salaries for the Orange County Intelligence Assessment Center Sheriff’s Homeland Security Division, and the Sheriff’s Emergency Management Division. The 2021 award will be implemented to support planning, training, exercises, and equipment purchase in support

Attachment A



of state priorities. The Homeland Security Grant Program guidance limits the use of salaries to 50% of the awarded dollar amount. For our 2021 application, the Sheriff’s Department was approved for a Salary Cap Waiver, allowing us to use approximately 62% of the grant subaward in support of salaries. The Orange County Operational Area (OCOA) will spend those funds to continue to support salaries in the Emergency Management, Homeland Security, and Investigations Divisions. Board Resolution Required? (Please attach document to eForm)

Yes No


Accept Fiscal Year (FY) 2021 Homeland Security Grant Program (HSGP) award for $3,216,641. Catalog of Federal Domestic Assistance (CFDA) #97.067.


Monique Vansuch, Administrative Manager I (714) 834-3201 [email protected]



Commander Michael Peters – [email protected] (714) 647-1854 Captain Brent Jasper – [email protected] (714) 349-9118 Administrative Manager Monique Vansuch - [email protected] (714) 834-3201 Grant Specialist Miriam Torrez – [email protected] (714) 834-4347

Attachment A










Today’s Date: March 10, 2022 Requesting Agency/Department: OC Waste & Recycling Grant Name and Project Title: Edible Food Recovery Grant Program Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

Department of Resources Recycling and Recovery (CalRecycle)

Application Amount Requested: $150,000 Application Due Date: 12/16/2021 Board Date when Board Approved this Application: 12/14/2021

Awarded Funding Amount: $150,000 Notification Date of Funding Award: 3/10/22 Is this an Authorized Retroactive Grant Application/Award? N/A (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:






N/A



To aid with Senate Bill 1383 compliance, the County of Orange will use funds to purchase equipment such as refrigerators, installation, software, training, and education materials. Opportunities at John Wayne Airport have been identified wherein grant funds could be used to facilitate edible food recovery at airport restaurants.


Yes No


Attachment A



Authorize the Director of OCWR, or designee, to execute all Grant Program documents necessary to accept grant funds and implement the approved grant project for the CalRecycle Edible Food Recovery Grant.


Kevin Gaxiola – 714-380-9641 [email protected] Lisa Smith – 714-834-4357 [email protected]



Lisa Smith Tom Koutroulis

Attachment A



http://[email protected]

Digitally signed by Frank Kim DN: cn=Frank Kim, o=County of Orange, ou=CEO, [email protected], c=US Date: 2022.03.14 08:07:50 -07'00'

Attachment A




Today’s Date: March 8, 2022 Requesting Agency/Department: OC Waste & Recycling Grant Name and Project Title: Organics Grant – 5th Cycle Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

Department of Resources Recycling and Recovery (CalRecycle)

Application Amount Requested: $6,000,000 Application Due Date: Submitted Nov. 2019 Board Date when Board Approved this Application: 10/22/2019

Awarded Funding Amount: $3,000,000 Notification Date of Funding Award: 2/15/22 Is this an Authorized Retroactive Grant Application/Award? Yes, ratified award. (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:





How will the County Match be Fulfilled? (Please include the specific budget) Will the grant/program create new part or full-time positions? No.


To comply with recently passed SB1383 regulations, OCWR has opened a commercial grade composting facility, Bee Canyon Greenery, located in Irvine. Currently, the compost facility is permitted and operational. The grant funding will allow the facility to double its capacity from 210 to 437 tons per day and increase its size from 14 acres to 30 acres.


Yes No


Attachment A



Approve the acceptance of $3 million from the Department of Resources Recycling and Recovery (CalRecycle) and authorize the Director of OCWR to sign all necessary documents required for the acceptance and supporting documentation to CalRecycle.


Kevin Gaxiola – 714-380-9641 Lisa Smith – 714-834-4357 Name of the individual attending the Board Meeting:


Tom Koutroulis Lisa Smith

Attachment A




Today’s Date: March 10, 2022 Requesting Agency/Department: District Attorney Grant Name and Project Title: Human Trafficking Advocacy Program Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

California Governor’s Office of Emergency Services

Application Amount Requested: $154,500 Application Due Date: September 15, 2021 Board Date when Board Approved this Application: February 23, 2021

Awarded Funding Amount: $154,500 Notification Date of Funding Award: February 28, 2022 Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


$154,500 was applied for, $154,500 was awarded for FY 20-21.





N/A

Will the grant/program create new part or full-time positions? No new position is required.


The Human Trafficking Advocacy Program is supported by the Federal Victim of Crime Act. The program is designed to provide high quality, comprehensive services that address the individual needs of trafficking victims.

The District Attorney was awarded $154,500 to continue the program. These grant funds will be utilized to support a specialized team within Waymakers. The team consist of a victim advocate and volunteers to assist victims.


Yes No


James Harman, Deputy County Counsel

Attachment A



Recommended Action/Special Instructions (Please specify below) Cal OES requires the District Attorney to submit a Board Resolution. County Counsel has reviewed and approved the attached Board Resolution.

1. Authorize the District Attorney or his designee, to sign and execute, on behalf of the County of Orange,the Grant Agreement with CalOES accepting the grant award of $154,500 to continue the HumanTrafficking Advocacy Program for fiscal year 2021-22.

2. Authorize the District Attorney, or his designee, to execute, on behalf of the County of Orange, anyextensions or amendments that reflect the actual grant award but do not materially alter the terms of thegrant award.

3. Adopt the Resolution to receive funds for the Human Trafficking Advocacy Program.


Glenn Robison (714) 347-8778 [email protected]



Glenn Robison

Attachment A



Resolution No. _________, Item No. ______ Page 1 of 1 Human Trafficking Advocacy Program – FY 2021/22

RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA

March 22, 2022

WHEREAS, the County of Orange desires to undertake its project designated “The

Human Trafficking Advocacy Program” to be funded from funds made available through the

Federal Victim of Crime Act administered by the State of California, Office of Emergency

Services (hereafter referred to as CalOES).

NOW, THEREFORE, BE IT RESOLVED that this Board does hereby:

1. Find that the proposed project is exempt from CEQA pursuant to 14 C.C.R.

15061(b)(3) because it does not impose a significant effect on the environment.

2. Find that pursuant to Section 711.4 of the California Fish and Game Code, the

proposed project is exempt from the required fees as it has been determined that

no adverse impacts to wildlife resources will result from the project.

3. Authorize the District Attorney, or his designee, to sign and execute, on behalf of

the County of Orange, a Grant Award Agreement with CalOES for the Human

Trafficking Advocacy Program, effective from January 1, 2022 to December 31,

2022, in the amount not to exceed $154,500.

4. Authorize the District Attorney, or his designee, to execute, on behalf of the

County of Orange, any extensions or amendments that reflect the actual grant

award but do not materially alter the terms of the grant award.

5. Assure that the County of Orange assumes any liability arising out of the

County’s performance of this Grant Award Agreement, including civil court

actions for damages. The State of California and Cal OES disclaim responsibility

for any such liability.

Attachment B

Resolution No. _________, Item No. ______ Page 2 of 2 Human Trafficking Advocacy Program – FY 2021/22

6. Assure that the County of Orange will not use grant funds to supplant

expenditures controlled by the Board of Supervisors.

Attachment B




Today’s Date: March 14, 2022 Requesting Agency/Department: District Attorney Grant Name and Project Title: FY 2022- 2023 Annual Grants Matrix Sponsoring Organization/Grant Source: (If the grant source is not a government entity, please provide a brief description of the organization/foundation)

See attached Grants Matrix

Application Amount Requested: $12,338,979 Application Due Date: See attached Grants Matrix Board Date when Board Approved this Application: N/A

Awarded Funding Amount: N/A Notification Date of Funding Award: N/A Is this an Authorized Retroactive Grant Application/Award? No (If yes, attach memo to CEO) Recurrence of Grant New Recurrent Other Explain:


See Attached


What Type of Grant is this? Competitive Other Type Explain: Combination of both types of grants



See attached Grants Matrix



The District Attorney requests Board approval of the attached FY 2022-23 Annual Grants Application Matrix and authorization to apply for funding for these recurring grants for fiscal year 2022-23.

The attached Annual Grants Application Matrix summarizes the grant programs that the District Attorney’s Office was awarded in fiscal year 2021-22. The District Attorney plans to continue to apply for funding for these recurring grants in fiscal year 2022-23 to support criminal prosecutions and mitigate net county cost requirements.

Board Resolution Required? (Please attach document to eForm) Yes No


Authorize the District Attorney, or designee, to apply for the grants listed in the Grants Matrix. The District Attorney will return to obtain Board approval to

Attachment A



accept the grant awards.


Glenn Robison (714) 347-8778 [email protected]



Glenn Robison

Attachment A



# Name of Grant FY 2021-22 Funding

Sponsoring Organization / Grant Source

Application Due Date

(Estimated)

Grant Status (New or

Recurring)

Match Req.($ amount)

New Full or Part-time Positions Project Name and Purpose of Grant

Does this Grant require CEQA

Findings? (See note)

1 Automobile Insurance Fraud Program $1,119,392 California Department of Insurance (CDI)

07/01/22 Recurring $0 No new positions Automobile Insurance Fraud ProgramTo investigate and prosecute automobile insurance fraud cases.

No

2 Disability and Healthcare Insurance Fraud Program

$1,166,759 California Department of Insurance (CDI)

06/01722 Recurring $0 No new positions Disability and Healthcare Insurance Fraud ProgramTo investigate and prosecute disability and healthcare insurance fraud cases.

No

3 Life and Annuity Consumer Protection Program $78,000 California Department of Insurance (CDI)

05/06/22 Recurring $0 No new positions Life and Annuity Consumer Protection ProgramTo investigate and prosecute life insurance and annuity financial abuse by insurance licensees or persons holding themselves out to be insurance licensees, or any person purporting to be engaged in the business of insurance.

No

4 Human Trafficking Victim Advocacy Program (HA)

$154,500 California Office of Emergency Services (OES)

10/30/22 Recurring $0 No new positions Human Trafficking Victim Advocacy ProgramTo provide supportive services including a 24-hour crisis hotline, emergency shelter, temporary housing, emergency food/clothing, counseling, referrals to existing community resources, transportation, and legal assistance to human trafficking victims.

No

5 Unserved/Underserved Victim Advocacy & Outreach Services

$285,066 California Office of Emergency Services (OES)

09/30/22 Recurring $0 No new positions Unserved/Underserved Victim Advocacy & Outreach Services To provide support services, which include crisis intervention, emergency assistance, shelter, food and medical aid, follow-up counseling, court support, and community outreach services to victims of gang violence and their families.

No

6 Victim/Witness Assistance Program $2,961,415 California Office of Emergency Services (OES)

09/30/22 Recurring $0 No new positions Victim/Witness Assistance ProgramTo provide comprehensive services for victims/witnesses of crime pursuant to Penal Code Section 13835.5 including: crisis intervention, emergency assistance, resource and referral counseling, filing of compensation claims, property return assistance, orientation to the criminal justice system, case status monitoring, victim and employer notifications, restitution assistance, funeral arrangement; arrangement for transportation to court, etc.

No

7 Worker's Compensation Insurance Fraud Program

$6,573,661 California Department of Insurance (CDI)

04/27/22 Recurring $0 No new positions Workers' Compensation Insurance Fraud ProgramTo investigate and prosecute worker's compensation insurance fraud cases.

No

Note:* Match amount will be provided by Waymakers (pass-through subrecipient)

AGENCY/DEPARTMENT: District AttorneyFY 2022-23 Annual Grants Application Table

Summary of Anticipated Grant Applications for FY 2022-23

Page 1 of 1

Attachment A

Sec. 4-9-9. Appeal to Board of Supervisors.

In the event of denial, suspension, or revocation of a license, the applicant or licensee shall

have the right to request a hearing before the Board of Supervisors, which hearing shall be

requested and conducted in the manner specified in section 5-2-19 of the Codified Ordinances of

Orange County.

(Ord. No. 3517, § 1, 4-30-85)

Sec. 5-2-19. Appeals.

(a) Any applicant, licensee or permitee may appeal the denial or revocation of a license or

permit. The appeal shall be commenced by filing a notice of appeal consisting of a verified

written declaration of the person appealing which must be received by the Clerk of the

Board, with a copy to the issuing officer, within thirty (30) days from the mailing date of the

denial or revocation notice. The declaration shall set forth each fact on the basis of which it

is claimed that the denial or revocation action was improper. A copy of the denial or

revocation notice shall be attached to the notice of appeal.

(b) The appeal shall be heard by a Hearing Officer, who shall preside over the hearing, take

evidence regarding the appeal and determine whether, on the basis of a preponderance of

the evidence, the action appealed from shall be upheld. The burden of proof shall be on the

person appealing the denial of a license or permit. The burden of proof shall be on the

issuing officer in an appeal from the revocation of a license or a permit. The decision of the

Hearing Officer shall be final.

(c) No license or permit granted herein shall confer any vested right to any person or business

for longer than the license or permit term.

(Ord. No. 3957, § 3, 1-23-96; Ord. No. 05-020, § 20, 11-22-05)

ATTACHMENT A

Page 1 of 1

of 1


MINUTE ORDER

April 29, 2008

SlibnduinqAqency/Department: ClerkoftheBoard

Approve amended inaster agreement far AdtniiiiStratille Hearing Officer services; and authorize the Clerk Of the BOard

or designee to execiitc individuai agreements: authorize County agencies/departinents to utilize the Clerk of the Board's

pool of Adininistrativc Hearing Officers to hear and decide appeals of various adininistrative decisions; and aulhoriy.e

the Clerk of the Board in cooperation with County Counscl to expand Hearing Officer Qualifications - All Districts

The ,fottowing ts actfon taken bg the Board of Supervisors:

,ppitovho AS RECOMMENDED N OTHER 0

Unanimous B (]) NOUYEN: Y (2) MOORLACT-T: Y (3) CAMPBELL: Y (4) NORBY: Y (5) BATES: Y

S/ore Key: Y=Yes; N=No; A=Abstatn; X=Excused; B.O.=Hoard Order

Doeiiments aecompiinying this mttert

CI Resolution(s)

0 0rdinances(s)

#omract(s)ltem No. ] 7

Special Notes:

Copies sent to:

CEOCOB - Darlene Bloom

Robin Stielar

41l10'I cerfiry that the foregoinB is a true and corrwt copy of the Minuic Orderadopted by tlic noard iir Supmisnrs, Oriinge Coumy, Sime o( Califomia.DARIJNE J. BLOOM, Clerk or the Tloard

By:

Deputy

1

L II j 1 l- 1 /T 17: Th 10 /Q /'l 71 d

ATTACHMENT B

Page 1 of 3

3/8/22, 10:27 AM AGENDA STAFF REPORT

Agenda Item

MEETING DATE:

AGENDA S ORT

04/29/08

ASR Control 08-000876

LEGAL ENTITY TAKING ACTION:

BOARD OF SUPERVISORS DISTRICT(S):

SUBMITTING AGENCY/DEPARTMENT:

DEPARTMENT CONTACT PERSON(S):

Board of Supei'visors

All Districts

Clerk of tlie Board (Approved)

Darlene Bloom, (714) 834-2206

Robin Stieler, (714) 834-2206

SUBJECT: Countywide Hearing Officers & Contract Ainendment

CEO CONCURConcur

COUNTY COUNSEL REVIEWApproved Agreement to Form

CLERK OF THE BOARDConsent Calendar

3 Votes Board Majority

Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A

Staffing Impact: No # of Positions:

Current Fiscal Year Revenue: N/A

Funding Source: N/A

Prior Board Action: Febi'uaiy 1996; j'ugust 21, 2007 Item 21

Sole Source: No

RECOMMENDED ACTION(S)

1. Autliorize county agencies/departments to utilize tl'ie Clerk of tlie Board's pool of

Adn'iinistrative Hearing Officers to preside over liearings of appeals of various

administrative decisions as needed.

2. Authorize tl'ie Clerk of tlie Board to develop Hearing Officer Qualifications in cooperation

witli County Counsel.

3. Approve an'iended Master Agreen'ient for Hearing Officers and aritliorize tlie Clerk of tlie

Board or designee to execute individual agreen'ients.

SUMMARY:

j!utliorize County agencies/departments to utilize tlie Clerk of tlie Board's pool of Hearing Officers for

appeals of various administrative decisions and approve related amendment to tlie Master Agreement.

Authorize the Clerk of tl'ie Board in cooperation witli Coruity Cormsel to expand tlie qrialifications for

hearing officer beyond that of attorney.

BACKGROUND INFORMATION:

Currently, tlie Clerk of the Board provides a pool of Administrative Hearing Officers to hear and consider

all appeals on denials or revocations of all Title 5 business licenses issued by the Sheriff's Depaitment.

Yorir board recently arithorized all Assessment Appeals Board members tliat are qualified as Attoi'neys

ATTACHMENT B

Page 2 of 3

3/8/22, 10:27 AM AGENDA STAFF REPORT

(licensed in the State of CA for a period of not less tlian 5 years) to be added to that pool. Tliis pool of

Administrative Hearing Officers is an impartial body that hears and decides these appeals. We are

requesting that the Board of Supervisors arithorize the expansion of tliis pool to be available to preside over

countywide administrative decisions.

Countywide, departments could avail tliemselves of this pool of Hearing Officers by advising the Clerk's

Office of their need, the time comn'iitment reqriired, date, etc. and we would randomly select and assign an

individual from the pool to the matter. We will work with the requesting depaitment to ensure that we have

all of the laws, regulations, and appeal process requirements to provide to the selected Hearing Officer. In

addition, tlie Clerk of the Board has available hearing rooms, recording devices, and trained staff in quasi-

judicial matters that could be used wlien needed. Currently there are only attorneys in tlie existing pool. I

will work with County Counsel to ensure that qualifications are appropriate and where there is a need to

expand tl'iose qualifications to fit a specific need, we will do so.

We are also asking that you amend tlie cutarent Hearing Officer agreement wl'iich l'ias not been revisited since

initially adopted in Februaiy 1996. Some of the non-teclinical clianges are increasing tlie per hour rate from

$100 to $150; eliminating travel time; changing the cancelation fee from $450 if canceled within 15 days of

hearing and $500 if canceled while in travel to the liearing to $250 if canceled witliin 7 days of tlie hearing.

County Counsel lias made other tecluiical changes involving liabilities to tlie County as well as including

other standard County contract clauses that were not in the 1996 agreement.

Tlie Clerk of tlie Board will cliarge depaitments for tlie direct cost of the attoiney's charges and for any

Clerk of the Board staff time needed in the process. We believe tliat this is a veryy cost effective approacli to

handling a variety of countywide administrative l'iearing needs and therefore, ask tl'iat you expand the rise of

this valuable program.

FINANCIAL IMPACT:

N/A

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

County Counsel and Risk Management have reviewed and approved the Indemnification Clause

ATTACHMENT(S):

Master Agreen'ient

ATTACHMENT B

Page 3 of 3

COUNTY OF ORANGECLERK OF THE BOARD

February 15, 2022

Jeff Grange, MD

Chief Executive Officer

Symbiosis

1801 0range Tree Lane, Suite 110

Redlands, CA 92374

RE: Case 22-001 - Symbiosis

Dear Dr. Grange:

This letter serves as notification of the Clerk of the Board's receipt your Notice of Appeal regarding

the denial of a 2022 0range County Ambulance Service Provider License renewal on February 4,

2022.

The case number assigned to your appeal is: 22-001

Enclosed, you will find a copy of the Rules Governing the Revocation or Denial of a Permit/Licenseissued by Orange County Healthcare Agency.

Should you have any questions, please contact Deputy County Counsel Massoud Shamel. He can be

reached at (714) 834-3300.

Sincerely,

Deputy Clerk of the Board of Supervisors

Endosure

CC: Massoud Shamel, Deputy County Counsel

David D. Palmer, Callahan & Blaine

Kevin Rice, Hearing Officer

Clayton Chau, Orange County Health Care Agency Director

333 W, Santa Ana Blvd., Suite 465, Santa Aria, CA 92701-4062 Phone (714) 834-2206 Fax (714) 834-4439 www.ocgov.com/cob

ATTACHMENT C

Page 1 of 4

Rules Governing the Revocation or Denial of a Permit/License Issued by

Orange County Healthcare Agency

Within twenty (20) calendar days AFTER RECEIPT OF a timely Notice of

Appeal of an application for or revocation or dei'iial of a Permit/License Issued by

Orange County Healtl-icare Agency, (hereinafter, an "appeal",) the Clerk of the

Board of Sripervisors (}iereinafter, tl'ie "Clerk") will do tlie following:

1. Assign a case number to tlie matter, beginning witli the last two digits of

tlie year in whicli tlie appeal is received, followed by a hyplien and ending

with a three digit number indicating, in consecutive order, the seqrience in

whicli the Notice of Appeal was received in sucl'i year, e.g. 96-001,96-002,

etc.

2. Notify tlie person who sent the appeal (liereinafter the "Appellant") tliat

the appeal was received by the Clerk, setting forth the date of sucli receipt,

the case number assigned and enclosing a copy of these Rules.

3. Send copies of tlie Notice of Appeal to Orange County Healtlicare Agency

(hereinafter "OCHCA") and County Counsel, and to the next person

available designated by the Clerk to conduct hearings and take evidence

on appeals (liereina'fter the "Hearing Officer").

The Hearing Officer will, witliin twenty (20) calendar days after receiving tl'ie

Notice of Appeal, send written notice to OCHCA or County Counsel, if so

designated, and to the Appellant (or, in the event the Notice of Appeal identifies

an attomey representing the Appellant, to such attomey) stating that the Hearing

Officer lias been designated to conduct a hearing to take evidence conceriig the

appeal of the application for, or the revocation of, the license or permit, to

suminarize such evidence and to render a written decision regardiiig whether

OCHCA's denial or revocation of tlie Permit/License Issued by Orange Corinty

Healthcare Agency shall be upheld as set fortli in the Codified Ordinances of tlie

County of Orange and these Rules. Such written notice sliall set a tentative

heariiig date no later tlian sixty (60) calendar days, nor earlier tlian thirty (30)

calendar days, after tlie date of such written notice. The tentative liearing date

may be changed upon agreement of the parties or by the Hearing Officer.

Unless otlierwise agreed by the parties, the hearing will be conducted at a County

of Orange office. The Hearing Officer will provide notice of tlie date, time, and

place of the hearing. Notice shall be mailed at least ten (10) calendar days prior

to the date of the hearing, by certified mail, return receipt reqriested, witli proof of

service attached, to OCHCA or County Counsel, if designated, and to the

Appellant at tlie address listed on the Notice of Appeal or to the address of tlie

attorney representing the Appellant, if designated.

-1-

ATTACHMENT C

Page 2 of 4

II. Administrative Hearing Procedure

Tlie hearing before tlie Hearing Officer shall be conducted in accordance with the

following procedures:

A. Oral evidence shall be taken only on oath or affirmation administered by the

Hearing Officer.

Both tlie Appellant and OCHCA shall have the following rights: to be

represented by legal counsel; to call and examine witnesses; to introduce

evidence; to cross-examine opposing witnesses on any matters relevant to the

issues; to impeach any witnesses; and rebut tlie evidence presented by opposing

counsel.

In accordance with Orange County Codified Ordinance Section 5-2-19, the

burden of proof shall be on the Appellant if appealing the denial of a license or

permit. Tlie burden of proof shall be on the OCHCA in an appeal from the

revocation of a license or a pert'nit.

The Hearing Officer will preside over the liearing, take evidence regarding the

appeal, and rule on all objections to any proffered evidence. The hearing need not

be conducted according to technical rules relating to evidence and witnesses.

Hearsay evidence may be used for tlie purpose of supplementing or explaining

otlier evidence but sliall not be sufficient in itself to support a finding rinless it

would be admissible over objection in civil actions.

An applicant or witness wlio does not proficiently speak the English language

may bring someone to interpret. Tliat individual may be a professional

interpreter, friend or family 'iriember.

OCHC A or the County Counsel, on their behalf, may introduce into evide'iice and

rely upon OCHCA;s administrative record which clearly demonstrates tlie

condition(s), act(s) or omission(s) whicli the proposed action is based; the

regulatory arithority for tlie proposed action; technical or factual data supporting

tlie proposed action; and any other information or data relevant to the proposed

action. An administrative record whicli meets the above criteria shall constitute

prima facie evidence in support of tlie proposed action. The burden of going

forward may then shift to the Appellant. OCHCA may submit its administrative

record in lieu of attendance. The burden is on tlie Appellant to subpoena any

witnesses from OCHCA who the Appellant desires to cross examine.

All proceedings at the hearing will be recorded by use of an audio recording

device. Any party may, at such party's expense, carise the proceedings to be

recorded by a shorthand reporter certified pursuant to Business & Professions

Code Chapter 13. The recording shall be transcribed if requested by any party, at

-2-

ATTACHMENT C

Page 3 of 4

the expense of tlie paity requesting sucli trm'iscription. Other parties may also

order a copy at their own expense. The original transcript shall be provided to tlie

Hearing Officer by tl'ie party ordering the transcription and sliall be pait of the

official record of tlie liearing. Tlie original tape and documentary evidence

presented at the hearing shall be maintained by the Clerk rintil the matter is

concluded. The Clerk will retain the infonnation for three years following tlie

final decision of the Hearing Officer, or the conclusion of any appellate

proceedings in a court of law, wliichever is later.

T}ie Hearing Officer's decision shall be based upon t}ie findings supported by

evidence. The standard of proof reqriired to render the decision shall be tliat of a

preponderance of tlie evidence. A preponderaiice of the evidence is established

when the weiglit of the evidence supporting tlie existence of a fact in contention

has the more convincing force, when balanced against that evidence refuting the

existence or applicability of the same fact in contention.

The Hearing Officer will render a written decision within forty-five (45) calendar

days from tlie date the hearing concludes. The written decision sliall be mailed no

later than five (5) calendar days after it is rendered to OCHCA or County

Corinsel, if designated, and to the Appellant at the address listed on the Notice of

Appeal or to the address of the attorney representing tlie Appellant, if designated.

The decision of the Hearing Officer shall be ttnal upon mailing pursuant to

Orange County Codified Ordinance Section 5-2-19.

Any hearing under tliese procedures will be open to tlie general priblic unless the

Hearing Officer closes the heating for just cause. Examples of just cause are that

evidence will be presented that is part of a criminal investigation, or that evidence

will be presented that involves a person's privacy rights, sucli as Protected Healtli

Information.

January20l8

-3-

ATTACHMENT C

Page 4 of 4

Jeff Grange, MDChief Executive Officer

Symbiosis1801 Orange Tree Land, Suite 110Redlands, CA 92874

David C. Palmer

Callahan & Blaine

3 Hutton Centre Drive

Ninth Floor

Santa Ana, CA 92707

Massoud Shamel

Deputy County CounselCounty of OrangeP.O. Box 1379

Santa Ana, CA 92702

RE: Case 22-001-SymbiosisAppeal of Denial of 2022 Orange County Ambulance Service Provider

NOTICE OF HEARING

In accordance with the Rules Governing the Appeal of a Denial of a License Issued bythe Orange County Healthcare Agency ("OCHCA"), the undersigned has been designated toconduct a hearing concerning your appeal of the denial of a 2022 Orange County AmbulanceService Provider License. It will be the responsibility of the appointed hearing officer to takeevidence, to summarize such evidence, and to render a written decision regarding whetherOCHCA's denial of a 2022 Orange County Ambulance Service Provider License by the OrangeCounty Healthcare Agency shall be upheld as set forth in the Codified Ordinances of the Countyof Orange and the "Rules Governing the Revocation or Denial of a Permit/License Issued byOrange County Healthcare Agency, January 2018."

Notice if further given that the hearing on the above referenced matter has been scheduled for:

Date: April 14, 2022, a Thursday.Location: Hearing will be conducted remotely; information will be provided prior to the

hearing.Time: 9:00 a.m.

Each party is to advise all of their witnesses of the hearing date, time and location.Normal procedure is to require £dl parties to bring all evidence, along with sufficient copies (onefor the hearing officer and one for the other party), to support your case. Since the case is beingconducted remotely, the hearing officer requires all written evidence to be supplied, in anorganized fashion, to the hearing officer and the other party by noon on April 13, 2022. This will

ATTACHMENT D

Page 1 of 5

allow parties an opportunity to print copies if they are provided electronically. Applicant'swritten evidence (exhibits) should be individually marked (numbered) as A-1, A-2, etc. TheCounty's exhibits should be marked as C-1, C-2, etc.

If the parties would like to have input on the decision concerning the written evidence,they should send an email to the hearing officer at [email protected] and to copy the otherparty to avoid an ex parte situation. The hearing officer does not have the parties' emailaddresses, the parties are responsible for obtaining those on their own.

Kevin G. Rice, Hdarmg^umce^,County of Granger, State of California

CC: Attn: J. Golden/J. Ross

Clerk of the Board

333 W. Santa Ana Blvd. #465

Santa Ana, California 92702-0687

ATTACHMENT D

Page 2 of 5

PROOF OF SERVICE BY CERTIFIED MAIL

STATE OF CALIFORNIA )

)COUNTY OF ORANGE )

I am employed in the county of Orange, State of California. I am over the age of 18 and

not a party to the within action; my business address is 18377 Beach Blvd., Ste. 212, Huntington

Beach, California 92648.

On February 24,2022,1 served the foregoing document(s) described as:

NOTICE OF HEARING APPEAL OF 2022 ORANGE COUNTY AMBULANCE

SERVICE PROVIDER LICENSE RENEWAL; by

U.S. Mail first class Certified postage prepaid to the persons listed below.

Jeff Grange, MDChief Executive Officer

Symbiosis1801 Orange Tree Land, Suite 110Redlands, CA 92874

David C. Palmer

Callahan & Blaine

3 Hutton Centre Drive

Ninth Floor

Santa Ana, CA 92707

Massoud Shamel

Deputy County CounselCounty of OrangeP.O. Box 1379

Santa Ana, CA 92702

Attn: J. Golden/J. Ross

Clerk of the Board

333 W. Santa Ana Blvd. #465

Santa Ana, California 92702-0687

Executed on February 24,2022, at Huntington Beach, California. I declare under penalty ofperjury under the laws of the State of California that the above is true and correct.

Kevin

ATTACHMENT D

Page 3 of 5

received

FEB 2 8 2022

COUMTY COUNSEL'S OFFICE

ATTACHMENT D

Page 4 of 5

Kevin Rice

18377 BEACH BLVD STE 212HUNTINGTON BEACH CA 92648-1SiW

USPS CERTIFIED MAIL

9407 1118 9876 5848 8524 34

County of OrangeMassoud Shamel, Deputy County CounselPC BOX 1379

SANTA ANA OA 92702-1379

$4.28 US POSTAGEFIRST-CLASS

Feb24 2022Mailed from ZIP 926481 oz Rrst-Class Mail Letter

11923275062S0012913542

il'|i|'iiil''Pil"H'liilpi"hi'IIIPllii"''ihiiiiii""il

ATTACHMENT D

Page 5 of 5

CALLAHAN & BLAINE California’s Premier Litigation FirmSM

3 Hutton Centre Drive ˙• Ninth Floor • Santa Ana, CA 92707 • (714) 241-4444 • Fax (714) 241-4445 • www.callahan-law.com

STEPHEN E. BLAINE MICHAEL J. SACHS EDWARD SUSOLIK BRIAN J. MCCORMACK JAVIER H. VAN OORDT DAVID J. DARNELL PETER S. BAUMAN ______________________

BRETT E. BITZER ADRIAN L. CANZONERI JASON CASERO RICHARD T. COLLINS RAPHAEL CUNG FRANKLIN T. DUNN DAMON D. EISENBREY STEPHEN P. FARKAS LAURA M. MORRIS SCOTT D. NELSON BRYAN C. OBERLE DAVID C. PALMER GRIGORY RCHTOUNI GAURAV K. REDDY JAMES R. ROUSE JAMES M. SABOVICH JOHN D. VAN ACKEREN SHARON T. YUEN

OF COUNSEL COLDREN LAW OFFICES KEVIN GALLAGHER

FIRM ADMINISTRATOR LAURALI M. KOBAL, CLM

OUR FILE NUMBER:

March 3, 2022

VIA EMAIL ONLY

Kevin G. Rice 18377 Beach Blvd., Suite 212 Huntington Beach, CA 92648 [email protected]

Massoud Shamel, Deputy County Counsel 333 W. Santa Ana Blvd., Suite 407 P.O. Box 1379 Santa Ana, CA 92702-1379 [email protected]

Re: Appointment of Hearing Officer in Violation of Ordinance to Hear Appeal of Denial of Application for Renewal of Ambulance Service Provider License by Symons Emergency Specialty Inc. d/b/a Symbiosis

Dear Mr. Rice,

We are in receipt of the Notice of Hearing of Appeal of Symons Emergency Specialty Inc. d/b/a Symbiosis (“Symbiosis”) from the denial of Symbiosis’s application for renewal of its Ambulance Service Provider License and object to the hearing proceeding on the basis that Symbiosis requested a hearing before the Orange County Board of Supervisors pursuant to section 4-9-9 of the Codified Ordinances of Orange County (“Ordinances”). Instead of providing Symbiosis with its due process right to have the hearing before the Board of Supervisors, the County of Orange (“County”) has taken the position that a general appeal ordinance referenced in section 4-9-9, which provides for the appointment a hearing officer, controls over section 4-9-9’s clear direction that the appeal is to be heard by the Board of Supervisors. Symbiosis has already raised this objection with the County (see enclosure) but, to date the County has not changed its position. Accordingly, this letter is intended as Symbiosis’s formal objection and, without conceding that you have the authority to determine this issue, request for a preliminary hearing solely on the issue of whether the appeal should be heard by a hearing officer or the Board of Supervisors.

Ordinances are interpreted by the same rules applicable to statutory interpretation. (Carson Harbor Vill., Ltd. v. City of Carson Mobilehome Park Rental Rev. Bd. (1999) 70 Cal. App. 4th 281, 290.) The well-recognized rule of statutory interpretation that “when a general and particular provision are inconsistent, the latter is paramount to the former” has existed in California since 1872. (Code Civ. Proc. § 1859; People v. Vessell (1995) 36 Cal. App. 4th 285, 289 [“a particular or specific provision will take precedence over a conflicting general provision.) Here, Section 4-9-9 of the Ordinances, which is contained in Division 9 – Ambulance Service, states, “[i]n the event of denial, suspension, or revocation of a license, the applicant or licensee shall have the right to request a hearing before the Board of Supervisors, which hearing shall be requested and conducted in the manner specified in section 5-2-19 of the Codified Ordinances of Orange County.” (Emphasis added.) Whereas, Section 5-2-19 of the Ordinances, which provides for the appointment of a hearing officer, is a general statute contained in Division 2 of Title 5 entitled “General License and Permit Requirements and Procedures.” The specific

4390-0002

ATTACHMENT E

Page 1 of 4

CALLAHAN & BLAINE www.callahan-law.com

California’s Premier Litigation FirmSM

March 3, 2022 Page 2


ordinance concerning Ambulance Service clearly states that Symbiosis has the right to request a hearing before the Board of Supervisors and has done so. A preliminary hearing should be held to determine whether the Board of Supervisors should hear the merits of the appeal.

Symbiosis further requests that the noticed hearing be continued to April 20 or 21, 2022, as Symbiosis’s witnesses are not available on the noticed date of April 14, 2022. Symbiosis also requests that the hearing take place in person at a County office as required by section C of the Rules Governing the Revocation or Denial of a Permit/License Issued by Orange County Healthcare Agency.

Please do not hesitate to contact me if you have any questions or concerns.

Respectfully,

David C. Palmer

Enclosure cc: The County Counsel of Orange

ATTACHMENT E

Page 2 of 4

CALLAHAN & BLAINE California’s Premier Litigation FirmSM


STEPHEN E. BLAINE MICHAEL J. SACHS EDWARD SUSOLIK BRIAN J. MCCORMACK JAVIER H. VAN OORDT DAVID J. DARNELL PETER S. BAUMAN ______________________

BRETT E. BITZER ADRIAN L. CANZONERI JASON CASERO RICHARD T. COLLINS RAPHAEL CUNG FRANKLIN T. DUNN DAMON D. EISENBREY STEPHEN P. FARKAS LAURA M. MORRIS SCOTT D. NELSON BRYAN C. OBERLE DAVID C. PALMER GRIGORY RCHTOUNI GAURAV K. REDDY JAMES R. ROUSE JAMES M. SABOVICH JOHN D. VAN ACKEREN SHARON T. YUEN

OF COUNSEL COLDREN LAW OFFICES KEVIN GALLAGHER

FIRM ADMINISTRATOR LAURALI M. KOBAL, CLM

OUR FILE NUMBER:

February 24, 2022

VIA FIRST CLASS MAIL

The County Counsel of Orange Massoud Shamel, Deputy County Counsel 333 W. Santa Ana Blvd., Suite 407 P.O. Box 1379 Santa Ana, CA 92702-1379

Re: Appointment of Hearing Officer in Violation of Ordinance to Hear Appeal of Denial of Application for Renewal of Ambulance Service Provider License by Symons Emergency Specialty Inc. d/b/a Symbiosis

Dear Mr. Shamel,

This letter follows our phone conversation on February 23, 2022, concerning the appeal of Symons Emergency Specialty Inc. d/b/a Symbiosis (“Symbiosis”) from the denial of Symbiosis’s application for renewal of its Ambulance Service Provider License and the appointment of a Hearing Officer to hear the appeal. As discussed, Symbiosis requested a hearing before the Orange County Board of Supervisors pursuant to section 4-9-9 of the Codified Ordinances of Orange County (“Ordinances”), but is being denied this due process right. Instead, the County of Orange (“County”) is relying on its general appeal ordinance to appointment a Hearing Officer to hear Symbiosis’s appeal. Accordingly, please consider this letter Symbiosis’s formal objection to the appointment of a Hearing Officer and request that the County proceed with the hearing of Symbiosis’s appeal by the Board of Supervisors as soon as possible as Symbiosis is having to turn down numerous requests for transport from Orange County health facilities and incurring damages each day that the County delays in correcting its wrongful acts.

As you are certainly aware, ordinances are interpreted by the same rules applicable to statutory interpretation. (Carson Harbor Vill., Ltd. v. City of Carson Mobilehome Park Rental Rev. Bd. (1999) 70 Cal. App. 4th 281, 290.) The well-recognized rule of statutory interpretation that “when a general and particular provision are inconsistent, the latter is paramount to the former” has existed in California since 1872. (Code Civ. Proc. § 1859; People v. Vessell (1995) 36 Cal. App. 4th 285, 289 [“a particular or specific provision will take precedence over a conflicting general provision.) Here, Section 4-9-9 of the Ordinances, which is contained in Division 9 – Ambulance Service, states, “[i]n the event of denial, suspension, or revocation of a license, the applicant or licensee shall have the right to request a hearing before the Board of Supervisors, which hearing shall be requested and conducted in the manner specified in section 5-2-19 of the Codified Ordinances of Orange County.” (Emphasis added.) Whereas, Section 5-2-19 of the Ordinances, which provides for the appointment of a hearing officer, is a general statute contained in Division 2 of Title 5 entitled “General License and Permit Requirements and Procedures.” The specific ordinance concerning Ambulance Service clearly states that Symbiosis has the right to request a hearing before the Board of Supervisors and has done

4390-0002

ATTACHMENT E

Page 3 of 4

CALLAHAN & BLAINE www.callahan-law.com

California’s Premier Litigation FirmSM

February 24, 2022 Page 2


so. The County’s denial of Symbiosis’s right to a hearing before the Board of Supervisors is yet another deviation from the plain commands of the Ordinances and a further denial of Symbiosis’s due process rights.

After reviewing the foregoing, it is Symbiosis’s hope that the County will withdraw the appointment of a Hearing Officer and forward Symbiosis’s appeal to the Board of Supervisors for hearing as soon as possible. Time is of the essence as Symons is having to turn down numerous transport requests from Orange County health facilities and is incurring damages with each day the County delays in correcting its wrongful actions.

Respectfully,

David C. Palmer

cc: The County Counsel of Orange

ATTACHMENT E

Page 4 of 4

O F F I C E O F T H E C O U N T Y C O U N S E L C O U N T Y O F O R A N G E

333 W. SANTA ANA BLVD., SUITE 407 SANTA ANA, CA 92701

MAILING ADDRESS: P.O. BOX 1379 SANTA ANA, CA 92702-1379

(714) 834-3300 FAX: (714) 834-2359

Suzanne E. Shoai Senior Deputy (714) 834-2057

E-Mail: [email protected]

March 4, 2022

Via Electronic Mail

Kevin G. Rice 18377 Beach Blvd., Suite 212 Huntington Beach, CA 92648 [email protected]

Re: Appeal of Ambulance Services Provider License by Symons Emergency d/b/a/ Symbiosis

Dear Hearing Officer Rice:

On behalf of the Orange County Health Care Agency (“HCA”), I am writing to respond to applicant Symons Emergency Specialty Inc. d/b/a Symbiosis’s (“Applicant”) March 3, 2022, letter, questioning a Hearing Officer’s authority to adjudicate this appeal.

Contrary to Applicant’s assertion, this appeal is appropriately assigned to a Hearing Officer as mandated by Orange County Codified Ordinance Sections 4-9-9 and 5-2-19. Orange County Codified Ordinance Section 4-9-9 reads:

In the event of denial, suspension, or revocation of a license, the applicant or licensee shall have the right to request a hearing before the Board of Supervisors, which hearing shall be requested and conducted in the manner specified in section 5-2-19 of the Codified Ordinances of Orange County.

(Emphasis added.)

Section 5-2-19, in turn, provides:

(a) . . . The appeal shall be commenced by filing a notice of appeal consisting of a verified written declaration of the person appealing which must be received by the Clerk of the Board . . . (b) The appeal shall be heard by a Hearing Officer, who shall preside over the hearing, take evidence regarding the appeal and determine whether, on the basis of a preponderance of the evidence, the action appealed from shall be up held. . . . The decision of the Hearing Officer shall be final.

(Emphasis added.)

ATTACHMENT F

Page 1 of 3


Applicant brought a February 4, 2022, request for a hearing before the Board of Supervisors by filing a notice of appeal with the Clerk of the Board as required by both sections. Pursuant to Section 5-2-19, “[t]he appeal shall be heard by a Hearing Officer.” Thus, the plain language of the ordinance requires this appeal to be heard by a Hearing officer. Where the plain language of an ordinance is unambiguous and does not involve an absurdity, the plain meaning governs. People v. Garcia (2002) 28 Cal.4th 1166, 1172; People v. Hendrix (1997) 16 Cal.4th 508, 512 (“When statutory language is clear and unambiguous, there is no need for construction and courts should not indulge in it.”).)

In advocating to have its appeal heard by the Orange County Board of Supervisors, Applicant suggests that the first part of Section 4-9-9 contradicts the latter part of the ordinance and, essentially, asks the Hearing Officer to ignore the latter part. This is inappropriate.

To the extent that there is any ambiguity, the ordinance should be construed in a manner that renders it internally consistent. “The words of the statute must be construed in context, keeping in mind the statutory purpose, and statutes or statutory sections relating to the same subject must be harmonized, both internally and with each other, to the extent possible.” People v. Valencia (2017) 3 Cal.5th 347, 357–358. A basic principle of statutory interpretation is thatcourts should strive to give effect to every clause and word of a statute, avoiding any construction which implies that the legislature was ignorant of the meaning of the language it employed. Bernard v. Foley (2006) 39 Cal.4th 794, 810–811 (“A construction that renders some statutory language surplusage or redundant is to be avoided.”)

Here, Section 4-9-9 only addresses the Applicant’s right to request a hearing. No part of Section 4-9-9 entitles to Applicant to have the Board of Supervisors conduct a hearing on the denial of its license. Moreover, in the 37 year history of the ordinance, we are aware of no instance in which the Board of Supervisors has ever done so. Read in context with Section 5-2-19, the ordinance simply instructs Applicant to direct his request for a hearing to the Board of Supervisors via a notice of appeal filed with the Clerk of the Board. Section 4-9-9 further mandates that any hearing on the appeal shall be conducted in the manner specified in section 5-2-19, which requires a Hearing Officer.

Accordingly, and for the reasons stated above, HCA opposes Applicant’s request to have the Board of Supervisors, rather than a Hearing Officer, conduct the hearing in this matter.

Regarding Applicant’s other requests in relation to the hearing date and location, we are conferring with our client and potential witnesses and will respond shortly. In addition, given the complexity of this area of law, HCA would like to submit a brief in advance of the hearing on the appeal. To the extent that Applicant would also like to file a brief, we would suggest that the parties concurrently file briefs one week prior to the hearing. We invite the Hearing Officer to hold a Case Management Conference to address this and any other procedural issues in advance of the hearing.

ATTACHMENT F

Page 2 of 3


Thank you for your consideration and assistance in this matter.

Very truly yours,

LEON J. PAGE COUNTY COUNSEL

By_____________________________________ Suzanne E. Shoai, Senior Deputy

SES:

cc: David C. Palmer, Esq., Callahan & Blaine (via email)

ATTACHMENT F

Page 3 of 3

Attachment C

Page 1 of 1

Contract Summary Form

Mental Health Awareness Campaign

Angels Baseball LP

SUMMARY OF SIGNIFICANT CHANGES

No list of significant changes

SUBCONTRACTORS

This contract does not includes subcontractors or pass through to other providers.

CONTRACT OPERATING EXPENSES

Contract Period Three Summary of Costs:

This contract has been increased by $1,600,000 for Period Three for a revised Amount not to

exceed of $2,720,000 for the period.

The cumulative Amount not to exceed for the entire term of the contract is $4,870,000.

Attachment A

Page 1 of 3

Attachment A

Page 2 of 3

Attachment A

Page 3 of 3

1 Sole Source Form (Rev 9/18/19)

Sole Source Request Form Instruction Sheet

SECTION I – INSTRUCTIONS FOR COMPLETING THE ATTACHED FORM (To be completed by the department’s end-user, Program Manager, or Subject Matter Expert)

1. Formal justification is required for sole source procurements when competitive bid guidelines require pricingfrom competing firms.

2. A written justification will be prepared by the department and approved by the department head or designee.

3. Prior to execution of a contract, the County Procurement Officer or designee shall approve ALL sole sourcerequests for commodities that exceed $250,000 annually, services exceeding $75,000 annually and all Boardcontracts despite the amount. Board approval is required for all sole source contracts for commodities thatexceed $250,000 annua l l y and services exceeding $75,000 annually or a two (2) year consecutive term,regardless of the contract amount. Any amendments to Board approved sole source contracts require a new solesource form.

4. If vendor is a retired, former Orange County employee, CEO Human Resource Services shall approve the solesource request, regardless of the sole source amount.

5. Valid sole source requests will contain strong technological and/or programmatic justifications. Requestswill explain how it is a sole source purchase, provide a clear and convincing justification and detail thepurchasing history (who, what, when, how and where).

6. Sole source procurements may be approved based upon emergency situations in which there is notadequate time for competitive bidding.

7. Sole source requests for Human Service contracts will be guided by the regulations of the funding source.

8. Each question in Section II of this form must be answered in detail and the form signed by the departmenthead with concurrence of the Deputy Purchasing Agent.

9. All sole source request forms must be entered into the County’s online bidding system along with itssupporting documentation.

10. The Deputy Purchasing Agent (DPA) shall retain a copy of the justification/approval as part of the contract file.

11. Request for Solicitation Exemption (For purchases with special circumstances, and/or when it is determined to be inthe best interest of the County) – check the Solicitation Exemption box and complete additional question no 8.

COUNTY POLICY ON SOLE SOURCE CONTRACTS:

It is the policy of the County of Orange to solicit competitive bids and proposals for its procurement requirements. Per the Contract Policy Manual, a sole source procurement shall not be used unless there is clear and convincing evidence that only one source exists to fulfill the County’s requirements, CPM section 4.5. All sole source purchases requiring Board of Supervisors approval shall be justified as meeting the sole source standard in the Agenda Staff Report. The Agenda Staff Report shall clearly state that it is a sole source procurement. The Sole Source Justification, as described below, shall be attached within the Agenda Staff Report (CPM, Section 4.5)

Attachment B

Page 1 of 8


Sole Source Request Form

Sole Source Bidsync #042-C026097-BD-SS

SECTION II – DEPARTMENT INFORMATION (Complete in its entirety)

Department: Health Care Agency

Date: March 8, 2022

Vendor Name: Angels Baseball LP

Sole Source BidSync Number: 042-C026097-BD-SS

Is the above named vendor a retired employee of the County of Orange? Yes No

If “Yes”, review and Approval is required from CEO Human Resource Services prior to contract execution.

Contract Term (Dates): December 31, 2021- December 30, 2022

Is Agreement Grant Funded? Percent Funded: Funding Source

Yes No Proprietary?

Yes ☐ No

Contract Amount? $ Contract increase of $1,600,000 new cumulative NTE $4,870,000

Is this renewable? If yes, how many years? No. Term expires December 30, 2022

Type of Request: New ☐ Multi-Year ☐ Renewal Amendment ☐ Increase

Renewal Year: N/A Did vendor provide a sole source affidavit? ☐ Yes No

If yes, please attach

Board Date: March 22, 2022

ASR Number: Supplemental ASR

If not scheduled to go to the Board explain why?

Does Contract include Non-Standard Language? If yes, explain in detail. Yes- mutual indemnification, in original contract

Was Contract Approved by Risk Mgmt.? Yes

Was Contract Approved by County Counsel? Yes

Were any exceptions taken? If yes, explain in detail. No

DPA certifies that they have read and verified that the information is true and satisfies the sole source requirements listed in the County Contract Policy Manual.

Solicitation Exemption (For purchases with special circumstances, and/or when it is determined to be in the best interest of the County.)

Attachment B

Page 2 of 8



Sole Source Bidsync #042-C026097-BD-SS SECTION III – SOLE SOURCE JUSTIFICATION

1. Provide a description of the type of contract to be established. (For example: is the contract a commodity, service,

human service, public works, or other – please explain.) Attach additional sheet if necessary.

This is a marketing services contract between Health Care Agency (HCA) and Angeles Baseball LP (ABLP) to raise awareness and expand outreach efforts about mental health and well-being and suicide prevention (i.e., Mental Health Awareness).

2. Provide a detailed description of services/commodities and how they will be used within the department. If this is an existing sole source, please provide some history of its origination, Board approvals, etc. (This information may be obtained from the scope of work prepared by the County and the vendor’s proposal that provides a detailed description of the services/supplies.) Attach additional sheet if necessary.

This is an existing Sole Source with ABLP that was approved by the Board of Supervisors (Board) on 12/17/19 Agenda Item S32C. The Board approved a Sponsorship Agreement for a total of three one- year terms. The first term was from December 17, 2019- December 30, 2020 for $1,060,000 and renewed subsequently for two additional year one-year periods for $1,090,000 for year two (December 31, 2020-December 30, 2020) and $1,120,000 for year three (December 31, 2021-December 30, 2022).

These marketing services to raise mental health awareness in the community align with the Prevention and Early intervention (PEI) regulations established by the state Mental Health Services and Oversight Accountability Commission, counties are required to use PEI funds to 1) combat stigma associated with mental illness and/ or the seeking of mental health services and 2) to engage in prevention-based mental health activities that reduce risk factors for developing a potentially serious mental illness and/or to build protective factors with the goal of promoting mental health.

Orange County funds many mental health prevention programs that focus their efforts on targeting interventions to reach a specific target population with mental health awareness and stigma reduction programs prevention services to promote positive messages about mental health and well-being and to reduce stigma.

The efforts largely focus on interventions targeting specific at-risk groups (i.e., school-aged youth, unserved and underserved ethnic communities, older adults, etc.) and the outreach and educational events are frequently advertised or promoted around a specific mental health theme. While such targeted outreach is essential to increasing needed service to utilization among unserved communities, the potential impact is nevertheless constrained by the fact that participants self-select into attending community events focused on mental health. Thus, HCA may fail to reach Orange County residents who are not inherently interested in or gravitate towards mental health issues but who may nevertheless still benefit from such messaging and information.

Recent research has demonstrated that stigma reduction efforts are more effective when targeted interventions such as contact outreach and education are combined with large scale population focused mass media marketing campaigns to spread the mental health awareness and stigma reduction messaging.

The services provided through this sole source were designed to directly address the limitations of HCA’s existing mental health and well-being interventions by adding a population focused large scale media marketing campaign in its scope

Attachment B

Page 3 of 8


of work. In addition to the activities being implemented for the 2021-222 Agreement, HCA would like to add the following activities to expand the campaign reach for year three of the contract term to additionally target men in their middle years, including veterans, and older adults. These target populations were also identified as a priority, in addition to the youth, by the countywide Community Suicide Prevention Initiative (CSPI), implemented per a Board Directive to HCA on March 12, 2019, to target efforts and build community awareness and advance suicide prevention efforts in Orange County. Most recent demographic data shared by ABLP indicated that a majority of the viewers and fans are representative of the selected target population.

26 percent of all fans, including those who attend games or watch or listen to games, and 33 percent of 2019 game attendees were between the ages of 18-34; 39 percent of all game attendees were between the ages of 35-54 and 28 percent of all game attendees (41 percent of all fans) were 55 years or older.

38 percent of all fans (42 percent of game attendees) are from LatinX communities, and 55 percent are non-white.

Approximately two-thirds of all fans and game attendees are male. 27 percent of all fans (16 percent of game attendees) have a household income of less than $50,000.

As the County is opening up, more in person sporting events will be held, thus allowing the campaign to have a direct impact on baseball fans and viewers and has the potential to reach a wider audience who might not otherwise be exposed to these messages and information.

Expanded Mental Health Campaign 1) Stadium Cupholder Stickers - HCA branded stickers placed on each seat cupholder (n= approximately 40,000) in

the stadium; visible at all events including all home games plus Monster Jam, Supercross, Harvest Crusade, other concerts, high school baseball and football games played by Orange County schools at Angel Stadium throughout the year.

2) 2022 Premium Giveaway Items a. June Children’s Day Giveaway – Sponsor branding on a giveaway for kids aged 16 and under in attendance

at one regular season home game on June 12, 2022. HCA Logo will be included on all media support (TV, Radio, Print, Billboards, In-Stadium, Digital) of the promotional items during the two (2) week promotional schedule. Additionally, HCA will receive activation space at the stadium on the game day and LED messaging of mental health awareness.

b. Trout Bobblehead with suicide prevention logo on the back of bobblehead jersey to be distributed on September 16, 2022

3) LED 360: Mental Health Awareness messaging runs during half inning every game with a call to action in-stadium with QR code or messaging

4) Mental Health Awareness TV Spots on Bally Sports a. Two in-game spots for every game (153 games) plus re-airs and billboards one per game b. Post-Game Show Entitlement (full season with 2 times in-game: 30 advertisements total. 1 post game

advertisement, billboards and Angels weekly advertisements. 5) Mental Health Digital Advertisements: Banner ads targeted exclusively to Orange County residents for 250,000

impressions per month on www.Angels.com a. Homepage Takeover for 24 hours b. Dedicated Email blasts to 300,000 emails c. Presenting Sponsor of Social Series, 2 posts per month during the season (EXAMPLE: This date in Angels

History brought to you by OC Healthcare Agency) 6) Josh Turner Post Game Concert for Veterans Outreach: On May 21, 2022, will host event primarily targeting

Veterans and their families to promote mental health awareness; includes activation booths set up in stadium and outside of some gates to hand out Veteran-specific resources.

Through this Mental Health Awareness campaign, Angels fans and viewers will be exposed to logos (see Attachment B) from outreach campaigns such as Take Action for Mental Health (formerly Each Mind Matters), Know the Signs

Attachment B

Page 4 of 8


(KTS), Your Game Isn’t Over Yet, and/or local resources such as the OC Navigator (Behavioral Health System Transformation Project Part II Innovation Project, which was approved by The Board on January 14, 2020) and Help@Hand (formerly known as the Technology Suite Innovation project, which was approved by The Board on May 10, 2018) and their associated mental health information and messages through the preceding activities to be aired during the 2022 Angels baseball season.

3. Explain why the recommended vendor is the only one capable of providing the required services and/or

commodities. How did you determine this to be a sole source and what specific steps did you take? Please list all sources that have been contacted and explain in detail why they cannot fulfill the County’s requirements. Include vendor affidavit and/or other documentation which supports your sole source. (Responses will include strong programmatic and technological information that supports the claim that there is only one vendor that can provide the services and/or commodities. Your response will include information pertaining to any research that was conducted to establish that the vendor is a sole source, include information pertaining to discussions with other potential suppliers and why they were no longer being considered by the County.)

Attach additional sheet if necessary.

ABLP is the only Major League Baseball team in Orange County. A contract with ABLP enables HCA to sustain raised awareness and continuous outreach concerning Mental Health Awareness to Orange County residents during the baseball season (March-October). ABLP is one of only two Major League Baseball teams with three million fans for 15 straight years.

Attachment B

Page 5 of 8



Sole Source Bidsync #042-C026097-BD-SS

4. How does recommended vendor’s prices or fees compare to the general market?

Attach quotes for comparable services or supplies. Attach additional sheet if necessary.

There are no others to compare as Angels Baseball LP is the only Major League Baseball team in Orange County.

5. If the recommended vendor was not available, how would the County accomplish this particular task? Attach additional sheet if necessary.

Without this contract, HCA would lose a significant opportunity to provide mental health and well-being information to large Orange County Audiences, many of whom may not otherwise be exposed to this information. Although HCA does currently fund other mental health and well-being promotion efforts, these existing campaigns and events are specifically promoted around mental health theme. While such targeted outreach is essential to increasing needed service utilization among unserved communities, the potential impact of existing efforts is nevertheless constrained by the fact that participants self-select into attending a mental health focused event. By engaging in a large-scale effort with the ABLP, HCA has the unique opportunity to reach a large, diverse Orange County audience not normally reached in its mental health promotion efforts. This kind of expansive effort could help reduce mental health-related stigma, promote awareness of signs, symptoms and available resources, and, ultimately, save lives.

6. Please provide vendor history – name change, litigation, judgments, aka, etc. for the last 7 years.

Through the normal County of Orange vetting process, Angels Baseball LP has had no name changes or judgements within the last seven (7) years. They do have five (5) litigation item(s) on public record, none of which are of any major significance to the County and immaterial to their delivery of services describe above.

7. If vendor is a retired, former employee, has the vendor previously been rehired as a contractor within the last

three years? Yes No

If yes, provide explanation/support for hiring the retired, former employee as a vendor and provide contract dates, scope of work, and total amounts paid under each contract.

8. Explain (in detail) why a request for Solicitation Exemption is needed. (Only applicable for Solicitation Exemption) Attach additional sheet if necessary.

N/A

Attachment B

Page 6 of 8


Sole Source Request Form Sole Source Bidsync #042-C026097-BD-SS

SECTION IV – AUTHOR/REQUESTOR

Signature:

Print Name: Bhuvana Rao

Date:

SECTION V – CEO Human Resource Services APPROVAL (Review and approval is required when vendor is a Retired,

Former Employee.)

Signature: Print Name: N/A

Date:

SECTION VI – DEPUTY PURCHASING AGENT CONCURRENCE

Signature: Print Name: Britany Davis

Date:

SECTION VII – DEPARTMENT HEAD APPROVAL

Signature: Print Name: Dr. Clayton Chau

Date:

SECTION VIII – COUNTY PROCUREMENT OFFICE

SOLICITATION EXEMPTION – CEO USE ONLY:

Board of Supervisor Notification Date:

Comments:

CPO: ☐Approved ☐Denied CFO: ☐Approved ☐Denied

CPO Authorized Signature: Date: CFO Authorized Signature: Date:

Prior to execution of a contract, the County Procurement Officer or designee shall approve All Sole Source requests for Commodities that exceed $250,000, Capitol Assets and services exceeding $75,000, and All other Sole Source requests that require Board approval despite the amount. Approvals are obtained electronically through the County’s online bidding system.

Attachment B

Page 7 of 8

Release Bid Workflow

Name: Brittany M Davis Phone: 714-834-5326 Email: [email protected] Status: Submitter Mar 10, 2022 10:12:43 AM PST

Bid Information Bid Number:

042-C026097-BD-SS

Bid Title:

Amendment To Sole Source Contract With Angels Baseball

Status Status:Approved

View Workflow History

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Attachment B

Page 8 of 8

Attachment C

Page 1 of 1


Professional & Technical Support and Information & Referral Services

People for Irvine Community Health DBA 2-1-1 Orange County


No list of significant changes

SUBCONTRACTORS

This contract does not includes subcontractors or pass through to other providers.


Contract Period Three Summary of Costs:

This contract has been increased by $1,600,000 for Period Three for a revised Amount not to

exceed of $2,720,000 for the period.

The cumulative Amount not to exceed for the entire term of the contract is $4,870,000.


Age Well Senior Services, Inc.


N/A

SUBCONTRACTORS

This contract, due to the nature of the services, could require the addition of subcontractors. In order to add subcontractor(s) to the contract, the provider/contractor must seek express consent from the department. Should the addition of a subcontractor impact the scope of work and/or contract amount, the department will bring the item back to the Board of Supervisors for approval. In the past (if there is information available), subcontractor(s) have/have not been used for this contract.

This contract includes the following subcontractors or pass through to other providers.

Subcontractor Name Service(s)

Amount

• David Bourgeois/Imperial Digital

• Zsa Gilbert

• Ozurovich & Associates

• PC Manager

• Kelsey Ranelycke Svensson

• Umetech

• Withum

Title III-B Case Management Title III-B In-Home Services Title III-B Transportation Title III-C1 Congregate Meals Title III-C2 Home-Delivered Meals

• $5,860

• $17,611

• $2,000

• $3,750

• $3,750

• Care Assist

• Care Partners

• Judy Dahle, MS, MSG, RN

• Home Instead

• Maxim Health

• Synergy Homecare

Title III-B Case Management • TBD

• Anna Hamada, RD

• Langlois Fancy Frozen Foods

• Katie O’Mara, RD

• Sapphire Culinary Group

• Ultimate Cleaning Solutions

• Zest in a Bowl

Title III-C1 Congregate Meals Title III-C2 Home-Delivered Meals

• $5,000

• $5,000

• D&M Performance Motors Title III-B Transportation TBD

Attachment A

Page 1 of 7


Cost Categories/Budgeted Costs:

Case Management

• Personnel $35,829

• Travel and Training $0

• Equipment $0

• Consultant/Professional Services $5,860

• Other Costs $2,500

• Indirect Costs $0

• Total Budgeted Costs $44,189

In-Home Services



• Equipment $0





Transportation



• Equipment $0





Congregate Meals Program



• Equipment $0

Attachment A

Page 2 of 7

• Food $95,000





Home Delivered Meals Program



• Equipment $0

• Food $156,220





Attachment A

Page 3 of 7


Community SeniorServ, Inc. dba Meals on Wheels Orange County


N/A

SUBCONTRACTORS

This contract, due to the nature of the services, could require the addition of subcontractors. In order to add subcontractor(s) to the contract, the provider/contractor must seek express consent from the department. Should the addition of a subcontractor impact the scope of work and/or contract amount, the department will bring the item back to the Board of Supervisors for approval. In the past (if there is information available), subcontractor(s) have/have not been used for this contract.

This contract includes the following subcontractors or pass through to other providers.

Subcontractor Name Service(s)

Amount

• Amerisource Funding, Inc.

• FSO Consulting

Title III-C1 Congregate Meals

• $150,689

• Amerisource Funding, Inc.

• FSO Consulting

Title III-C2 Home-Delivered Meals • $260,000

• City of Anaheim

• City of Brea

• City of Buena Park

• City of Garden Grove

• City of La Habra

• North Seal Beach

• City of Orange

• City of Stanton

• City of Tustin

• City of Westminster

Title III-B Transportation • TBD



Adult Day Care

• Personnel $0

Attachment A

Page 4 of 7


• Equipment $0


• Other Costs $0



Case Management



• Equipment $0

• Consultant/Professional Services $0

• Other Costs $0



In-Home Services

• Personnel $0


• Equipment $0





Transportation

• Personnel $0


• Equipment $0





Congregate Meals Program



• Equipment $0

Attachment A

Page 5 of 7

• Food $300,000





Home Delivered Meals Program



• Equipment $0

• Food $718,656


• Other Costs $0


• Total Budgeted Costs $1,176,272

Attachment A

Page 6 of 7


St. Jude Hospital, Inc. dba St. Jude Medical Center


N/A

SUBCONTRACTORS

This contract does not currently include subcontractors or pass through to other providers.



Family Caregiver Support Program

• Personnel $0


• Equipment $0


• Other Costs $0



Attachment A

Page 7 of 7

CONTRACT NO. MA-012-22011188

FOR THE PROVISION OF

AMERICAN RESCUE PLAN ACT OF 2021 (ARPA), H.R. 1319

ELDERLY NUTRITION PROGRAM SERVICES

BETWEEN

COUNTY OF ORANGE

AND

AGE WELL SENIOR SERVICES, INC.

CFDA# FAIN# PROGRAM/SERVICE TITLE FUNDING AGENCY

93.044 2101CASSC6-00 American Rescue Plan Act for Supportive

Services under Title III-B of the Older

Americans Act; Special Programs for the

Aging, Title III-B, Part B, Grants for

Supportive Services and Senior Centers

U.S. Department of

Health and Human

Services,

Administration for

Community Living;

U.S. Department of

Treasury

93.045 2101CACM6-00;

2101CAHD6-00

American Rescue Plan Act for Congregate

Meals under Title III-C1 of the Older

Americans Act;

American Rescue Plan Act for Home

Delivered Meals under Title III-C2 of the

Older Americans Act; Special Programs of

the Aging, Title III, Part C, Nutrition

Services

U.S. Department of

Health and Human

Services,

Administration for

Community Living;

U.S. Department of

Treasury

DocuSign Envelope ID: 5F5F4C84-F54E-48C9-95FA-4259532DDBC8DocuSign Envelope ID: 2DEF5886-89EF-447F-8009-36BEE9C9B343

Attachment B

Page 1 of 99

Table of Contents

RECITALS .............................................................................................................................................. 6

General Terms and Conditions: ............................................................................................................ 9

A. Governing Law and Venue: ....................................................................................................... 9

B. Entire Contract: .......................................................................................................................... 9

C. Amendments: ............................................................................................................................. 9

D. Intentionally left blank ............................................................................................................... 9

E. Delivery:..................................................................................................................................... 9

F. Acceptance Payment: ................................................................................................................. 9

G. Warranty: ................................................................................................................................... 9

H. Patent/Copyright Materials/Proprietary Infringement: ............................................................ 10

I. Assignment: ............................................................................................................................. 10

J. Non-Discrimination: ................................................................................................................ 10

K. Termination: ............................................................................................................................. 10

L. Consent to Breach Not Waiver: ............................................................................................... 11

M. Independent Subrecipient:........................................................................................................ 12

N. Performance Warranty: ............................................................................................................ 12

O. Insurance Requirements: .......................................................................................................... 12

P. Changes: ................................................................................................................................... 15

Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest: .................... 15

R. Force Majeure: ......................................................................................................................... 16

S. Confidentiality: ........................................................................................................................ 16

T. Compliance with Laws: ........................................................................................................... 16

U. Intentionally left blank ............................................................................................................. 16

V. Severability: ............................................................................................................................. 16

W. Attorney Fees: .......................................................................................................................... 16

X. Interpretation: ........................................................................................................................... 17

Y. Employee Eligibility Verification: ........................................................................................... 17

Z. Indemnification: ....................................................................................................................... 17

AA. Audits/Inspections:................................................................................................................... 17

BB. Contingency of Funds: ............................................................................................................. 18

CC. Expenditure Limit: ................................................................................................................... 18

Additional Terms and Conditions: ...................................................................................................... 19

1. Scope of Contract: .................................................................................................................... 19

2. Term of Contract: ..................................................................................................................... 19

3. Renewal:................................................................................................................................... 19


Attachment B

Page 2 of 99

4. Headings: ................................................................................................................................. 19

5. Maximum Obligation ............................................................................................................... 19

6. Amendments – Changes/Extra Work: ...................................................................................... 19

7. Breach of Contract: .................................................................................................................. 19

8. Conditions Affecting Work:..................................................................................................... 20

9. Conflict of Interest – Subrecipient’s Personnel: ...................................................................... 20

10. Conflict of Interest – County Personnel:.................................................................................. 20

11. Service Contract – Follow-On Work: ...................................................................................... 20

12. Project Manager, County: ........................................................................................................ 20

13. Subrecipient’s Project Manager and Key Personnel: ............................................................... 21

14. Data – Title To: ........................................................................................................................ 21

15. Licenses:................................................................................................................................... 22

16. Disputes – Contract: ................................................................................................................. 22

17. EDD Independent Subrecipient Reporting Requirements: ...................................................... 23

18. Errors and Omissions: .............................................................................................................. 23

19. Non-Supplantation of Funds: ................................................................................................... 24

20. Satisfactory Work: ................................................................................................................... 24

21. Access and Records: ................................................................................................................ 24

22. Signature in Counterparts: ....................................................................................................... 24

23. Reports/Meetings: .................................................................................................................... 24

24. Subcontracting: ........................................................................................................................ 25

25. Equal Employment Opportunity: ............................................................................................. 25

26. Gratuities: ................................................................................................................................. 25

27. Media Contact/News/Information Release: ............................................................................. 26

28. Notices: .................................................................................................................................... 26

29. Ownership of Documents: ....................................................................................................... 26

30. Precedence: .............................................................................................................................. 26

31. Termination – Orderly: ............................................................................................................ 27

32. Default – Re-Procurement Costs: ............................................................................................ 27

33. County Branding and Funding Source Identification Requirements: ...................................... 27

Program Specific Terms and Conditions: .......................................................................................... 28

34. Debarment: ............................................................................................................................... 28

35. Lobbying Certification: ............................................................................................................ 28

36. Fraud: ....................................................................................................................................... 28

37. Fiscal Appropriations: .............................................................................................................. 29

38. Fiscal Accountability: .............................................................................................................. 29


Attachment B

Page 3 of 99

39. Indirect Costs: .......................................................................................................................... 29

40. Dissolution of Entity: ............................................................................................................... 30

41. Performance Standards: ........................................................................................................... 30

42. Payments .................................................................................................................................. 32

43. Budget Schedule: ..................................................................................................................... 33

44. Modification of Budget Schedule: ........................................................................................... 33

45. Annual Audit: ........................................................................................................................... 33

46. Audit Requirements: ................................................................................................................ 33

47. Non-Discrimination and Compliance Provisions: ................................................................... 36

48. Drug Free Workplace: .............................................................................................................. 37

49. D-U-N-S Number and Related Information: ........................................................................... 37

50. Modification of Program Components and Service Levels: .................................................... 37

51. Complaint Resolution Process and Grievance Procedures for Participants:............................ 38

52. Sectarian Activities: ................................................................................................................. 38

53. Policies and Procedures: .......................................................................................................... 38

54. Sweat-free Code of Conduct: ................................................................................................... 38

55. S.W.A.G: .................................................................................................................................. 39

56. Corporate Status: ...................................................................................................................... 39

57. Compliance with Other Laws: ................................................................................................. 39

58. Focal Points: ............................................................................................................................. 41

59. Covenant Against Contingent Fees…………………………………………………………… 39

Signature Page ...................................................................................................................................... 42

ATTACHMENTS

Attachment A - Scope of Services

Attachment B - Payment/Compensation

Attachment C - Budget Schedule

Attachment D - Staffing Plan

Attachment E - Performance Standards

Attachment F – Federal Award Identification

EXHIBITS

Exhibit 1 – Drug Free Workplace Certification

Exhibit 2 – Debarment and Suspension Certificate

Exhibit 3 – Certification Regarding Lobbying

Exhibit 4 – Disclosure Form to Report Lobbying

Exhibit 5 – OC Community Resources Contract Reimbursement Policy

Exhibit 6 - Office on Aging Focal Points


Attachment B

Page 4 of 99

Contract No. MA-012-22011188

with


For

American Rescue Plan Act of 2021 (ARPA), H.R. 1319

Elderly Nutrition Program Services

This Contract No. MA-012-22011188 for American Rescue Plan Act of 2021 (ARPA), H.R. 1319 –

Elderly Nutrition Program Services (hereinafter referred to as “Contract”) is made and entered into as of

the date fully executed by and between the County of Orange, a political subdivision of the State of

California; hereinafter referred to as “County” and Age Well Senior Services, Inc., a California non-

profit Corporation, DUNS #792315459, with a place of business at 23101 Lake Center Drive, Suite 325,

Lake Forest, CA 92630 (hereinafter referred to as “Subrecipient”), with the County and Subrecipient

sometimes referred to as “Party” or collectively as “Parties”.

ATTACHMENTS

This Contract is comprised of this document and the following Attachments, which are attached

hereto and incorporated by reference into this Contract:

Attachment A – Scope of Services

Attachment B – Payment/Compensation

Attachment C – Budget Schedule

Attachment D – Staffing Plan









RECITALS

WHEREAS, Subrecipient and County are entering into this Contract for American Rescue Plan

Act of 2021 (ARPA), H.R. 1319 - Elderly Nutrition Program Services under a cost reimbursement

Contract; and

WHEREAS, OC Community Resources (OCCR)/Office on Aging received funding from the

California Department of Aging (CDA) under the American Rescue Plan Act (ARPA) for a retroactive

three-year term of July 1, 2021 – September 30, 2024. Older adult programs have been significantly

impacted by the COVID-19 pandemic resulting in expansion of services to meet increased demand. The

pandemic has disproportionately affected older adults leading to increased services provided under the

Elderly Nutrition Program, Support Services and Family Caregiver Service Program. These programs

have experienced a 40% increase on average compared to pre-pandemic levels; and

WHEREAS, CDA has recognized the urgency caused by the pandemic and has provided

emergency funding since the onset of the Major Disaster Declaration; and


Attachment B

Page 5 of 99

WHEREAS, A portion of the funding allocations received through ARPA will be distributed to

existing providers for the initial term of October 1, 2021 – September 30, 2022, based on a public

exigency/emergency exception to competitive bidding requirements associated with the COVID-19

pandemic and a previous competitive Redquest for Proposal (“RFP”) process for Older American’s Act

services. OCCR will immediately conduct an RFP for the remaining ARPA funds in order to establish

contracts for the term of October 1, 2022 – September 30, 2024; and

WHEREAS, Subrecipient agrees to provide American Rescue Plan Act of 2021 (ARPA), H.R.

1319– Elderly Nutrition Program Services to the County as further set forth in the Scope of Services,

attached hereto as Attachment A; and

WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in

Payment/Compensation, attached hereto as Attachment B; and

WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule,

attached hereto as Attachment C; and

WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as

Attachment D; and

WHEREAS, Subrecipient agrees to meet the Performance Standards requirements set forth in

attached hereto as Attachment E; and

WHEREAS, the County Board of Supervisors has authorized the OC Community Resources

Director or his designee to enter into a Contract for American Rescue Plan Act of 2021 (ARPA), H.R.

1319 – Elderly Nutrition Program Services with the Subrecipient to carry out certain program services

and activities for the Fiscal Years and 2021-22 and 2022-23.

NOW, THEREFORE, the Parties mutually agree as follows:

DEFINITIONS

“Administrator” means the Executive Director, Orange County Office on Aging (“OoA” or “Office on

Aging”), the designated Area Agency on Aging for Orange County, or designee thereof.

“Allocation” means the process of assigning a cost, or a group of costs, to one or more cost objective(s),

in reasonable proportion to the benefit provided or other equitable relationship. The process may entail

assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives.

(2 CFR 200.4 and 45 CFR 75.2)

“County’s Contract Administrator” means the Contract Manager who shall administer this Contract as

is necessary or reasonable to comply with County policies.

“Disallowed costs” means those charges determined to be unallowable, in accordance with the applicable

Federal statutes, regulations, or the terms and conditions of the Federal award. (2 CFR 200.31 and 45

CFR 75.2)

“DUNS Number” A unique 9-digit identifier issued and maintained by Dun & Bradstreet (D&B) that

verifies the existence of a business entity. The DUNS number is needed to coordinate with the System


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for Award Management (SAM) that combines federal procurement systems and the Catalog of Federal

Domestic Assistance into one new system. https://www.SAM.gov.

“Information & Assistance (I&A)” means the function of the Office on Aging that refers older adults to

appropriate service and assistance agencies in Orange County.

“Program Income” means revenue generated by the Subrecipient or the Subcontractor from contract-

supported activities and may include voluntary contributions received from a participant or other party

for services received, income from usage or rental fees of real or personal property acquired with grant

funds or funds provided under this Agreement, royalties received on patents and copyrights from

contract- supported activities, or proceeds from the sale of goods created under a California Department

of Aging (“CDA”) grant funds.

“Questioned Costs” means a cost that is questioned by the auditor because of an audit finding which

resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a

Federal award, including for funds used to match Federal funds; where the costs, at the time of the audit,

are not supported by adequate documentation; or where the costs incurred appear unreasonable and do

not reflect the actions a prudent person would take in the

circumstances. (2 CFR 200.84 and 45 CFR 75.2).

“Recoverable cost” means the state and federal share of the questioned cost.

“Subcontractor” and “subcontractor” means any entity that furnishes to Subrecipient services or supplies

related to this Contract.


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ARTICLES

General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the State of

California and shall be governed by and construed under the laws of the State of California. In

the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue

shall be a court of competent jurisdiction located in Orange County, California, and the Parties

hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of

Civil Procedure Section 394. Furthermore, the Parties specifically agree to waive any and all

rights to request that an action be transferred for adjudication to another county.

B. Entire Contract: This Contract, including the recitals which are incorporated herein by

reference, contains the entire Contract between the Parties with respect to the matters herein, and

there are no restrictions, promises, warranties or undertakings other than those set forth herein or

referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on

County unless authorized by County in writing. Electronic acceptance of any additional terms,

conditions or supplemental Contracts by any County employee or agent, including but not limited

to installers of software, shall not be valid or binding on County unless accepted in writing by

County’s Contract Administrator.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made

in writing and signed by the Parties; no oral understanding or agreement not incorporated herein

shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions

are valid or binding on County unless authorized by County in writing.

D. Intentionally left blank

E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County

reserves the right to refuse any goods or services and to cancel all or any part of the goods not

conforming to applicable specifications, drawings, samples or descriptions or services that do not

conform to the prescribed statement of work. Acceptance of any part of the order for goods shall

not bind County to accept future shipments nor deprive it of the right to return goods already

accepted at Subrecipient’s expense. Over shipments and under shipments of goods shall be only

as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods

or services have actually been received and accepted in writing by County.

F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not

be deemed complete unless in writing and until all the goods/services have actually been

received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in

arrears after satisfactory acceptance.

G. Warranty: Subrecipient expressly warrants that the services covered by this Contract are fit for

the particular purpose for which they are intended. Acceptance of this order shall constitute an

agreement upon Subrecipient’s part to indemnify, defend and hold County and County

Indemnitees as identified in Paragraph Z below, harmless from liability, loss, damage and

expense, including reasonable counsel fees, incurred or sustained by County by reason of the

failure of the services to conform to such warranties, faulty work performance, negligent or

unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders,


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or statutes, including the Occupational Safety and Health Act (OSHA) and the California

Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided

in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented

or copyrighted materials in the performance of this Contract. Subrecipient warrants that any

software as modified through services provided hereunder will not infringe upon or violate any

patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in

accordance with the more specific requirement contained in paragraph “Z” below, it shall

indemnify, defend and hold County and County Indemnitees harmless from any and all such

claims and be responsible for payment of all costs, damages, penalties and expenses related to or

arising from such claim(s), including, costs and expenses but not including attorney’s fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the

heirs, successors, executors, administrators and assigns of the Parties. Furthermore, neither the

performance of this Contract nor any portion thereof may be assigned by Subrecipient without

the express written consent of County. Any attempt by Subrecipient to assign the performance

or any portion thereof of this Contract without the express written consent of County shall be

invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Subrecipient agrees that it will

comply with the requirements of Section 1735 of the California Labor Code and not engage nor

permit any subcontractors to engage in discrimination in employment of persons because of the

race, religious creed, color, national origin, ancestry, physical disability, mental disability,

medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a

violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the

California Labor Code.

K. Termination: In addition to any other remedies or rights it may have by law, County has the

right to immediately terminate this Contract without penalty, cost, expense or liability of any

kind for cause or after 30 days’ written notice without cause, unless otherwise specified. Cause

shall be defined as any material breach of contract, any misrepresentation or fraud on the part of

the Subrecipient. Exercise by County of its right to terminate the Contract for cause or without

cause shall relieve County of all further obligation, cost, expense or liability of any kind.

1. Termination for cause includes, among other things, the County’s termination of the Contract

in the event of:

i. A violation of the law or failure to comply in a timely manner with any condition of this

Contract;

ii. Inadequate program performance;

iii. Failure to comply with reporting requirements;

iv. Evidence that Subrecipient is in such an unsatisfactory financial condition, as determined

by County, as to endanger performance of this Contract, including the loss of other

funding sources;

v. Delinquency in payment of taxes or the costs of performance of this Contract in the

ordinary course of business;


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vi. Appointment of a trustee, receiver or liquidator for all or a substantial part of

Subrecipient’s property, or institution of bankruptcy, reorganization, arrangement of

liquidation proceedings by or against Subrecipient;

vii. Service of any writ of attachment, levy of execution, or commencement of garnishment

proceedings against Subrecipient’s assets or income;

viii. Bankruptcy proceedings of Subrecipient;

ix. Finding of debarment or suspension;

x. Material change in Subrecipient’s organizational structure;

xi. Any breach of Contract; and

xii. Any misrepresentation, or fraud on the part of the Subrecipient;

County may terminate this Contract and be relieved of the payment of any compensation to

Subrecipient.

In the event of such termination, County may proceed with the work for which this Contract

provides in any manner deemed proper by County. The cost to County of completing the

work for which this Contract provides shall be deducted from any sums due Subrecipient

under this Contract but Subrecipient shall not be relieved of liability. Notwithstanding the

above, Subrecipient shall not be relieved of liability to County for damages sustained by

County by virtue of any breach of this Contract by Subrecipient, and County may withhold

any payments to Subrecipient until such time as the exact amount of damages due County

from Subrecipient is determined.

2. Termination for convenience. County may terminate this Contract, without cause, upon thirty

(30) days written notice to Subrecipient, except County may terminate this Contract for

failure of any of the funding contingencies set forth in Paragraph BB, Contingency of Funds,

upon ten (10) days written notice to Subrecipient.

3. Return of funds. Subrecipient agrees that upon expiration or notice of termination of this

Contract or dissolution of Subrecipient’s entity, Subrecipient shall, immediately upon written

demand, return to County all funds paid to Subrecipient by County, which are not payable

for goods or services delivered prior to the termination or expiration of this Contract or the

dissolution of Subrecipient’s entity.

4. Cancellation of commitments/termination claim. After receipt of notice of termination,

Subrecipient shall cancel outstanding commitments required by this Contract.

i. With respect to the above-cancelled commitments, Subrecipient agrees to provide, within

ten (10) days of a notice of termination, a plan for settlement of all outstanding liabilities

and all claims arising out of such cancellation of commitments. Such plan shall be subject

to the approval of Administrator.

ii. Subrecipient shall submit a termination claim to Administrator promptly after receipt of

a notice of termination, but in no event later than sixty (60) days from the effective date

thereof unless an extension, in writing, is granted by Administrator.

L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived

and no breach excused, unless such waiver or consent shall be in writing and signed by the party

claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the


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other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any

other different or subsequent breach.

M. Independent Subrecipient: Subrecipient shall be considered an independent contractor and

neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered

an agent or an employee of County. Neither Subrecipient, its employees nor anyone working

under Subrecipient shall qualify for workers’ compensation or other fringe benefits of any kind

through County.

N. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking

necessary steps and precautions to perform the work to County’s satisfaction. Subrecipient shall

be responsible for the professional quality, technical assurance, timely completion and

coordination of all documentation and other goods/services furnished by the Subrecipient under

this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and

workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment,

materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses

required by public authorities, including those of County required in its governmental capacity,

in connection with performance of the work. If permitted to subcontract, Subrecipient shall be

fully responsible for all work performed by subcontractors.

O. Insurance Requirements: Prior to the provision of services under this Contract, the Subrecipient agrees to purchase all

required insurance at Subrecipient’s expense, including all endorsements required herein,

necessary to satisfy the County that the insurance provisions of this Contract have been complied

with. Subrecipient agrees to keep such insurance coverage, Certificates of Insurance, and

endorsements on deposit with the County during the entire term of this Contract. In addition, all

subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall obtain

insurance subject to the same terms and conditions as set forth herein for Subrecipient.

Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient

pursuant to this Contract shall be covered under Subrecipient’s insurance as an Additional

Insured or maintain insurance subject to the same terms and conditions as set forth herein for

Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less

than the level of coverage required by County from Subrecipient under this Contract. It is the

obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor

and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof

of insurance must be maintained by Subrecipient through the entirety of this Contract for

inspection by County representative(s) at any reasonable time.

All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self-

insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall

specifically be approved by the County’s Risk Manager, or designee, upon review of

Subrecipient’s current audited financial report. If Subrecipient’s SIR is approved, Subrecipient,

in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees

to all of the following:

1) In addition to the duty to indemnify and hold the County harmless against any and all

liability, claim, demand or suit resulting from Subrecipient’s, its agents, employee’s or


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subcontractor’s performance of this Contract, Subrecipient shall defend the County at its

sole cost and expense with counsel approved by Board of supervisors against same; and

2) Subrecipient’s duty to defend, as stated above, shall be absolute and irrespective of any

duty to indemnify or hold harmless; and

3) The provisions of California Civil Code Section 2860 shall apply to any and all actions

to which the duty to defend stated above applies, and the Subrecipient’s SIR provision

shall be interpreted as though the Subrecipient was an insurer and the County was the

insured.

If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this

Contract, the County may terminate this Contract.

Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A-

(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current

edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is

preferred, but not mandatory, that the insurer be licensed to do business in the State of California

(California Admitted Carrier).

If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk

Management retains the right to approve or reject a carrier after a review of the company's

performance and financial ratings.

The policy or policies of insurance maintained by the Subrecipient shall provide the minimum

limits and coverage as set forth below:

Coverage Minimum Limits

Commercial General Liability $1,000,000 per occurrence

$2,000,000 aggregate

Automobile Liability including coverage $1,000,000 per occurrence

for owned, non-owned and hired vehicles

Workers Compensation Statutory

Employers Liability Insurance $1,000,000 per occurrence

Network Security & Privacy $1,000,000 per claims-made

Liability

Professional Liability $1,000,000 per claims-made


Sexual Misconduct $1,000,000 per occurrence

Employee Dishonesty $100,000 per occurrence


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Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO)

form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA

0012, CA 00 20, or a substitute form providing coverage at least as broad.

Required Endorsements

The Commercial General Liability policy shall contain the following endorsements, which shall

accompany the Certificate of Insurance:

1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as

broad naming the County of Orange its elected and appointed officials, officers, agents

and employees as Additional Insureds, or provide blanket coverage, which will state AS

REQUIRED BY WRITTEN Contract.

2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at

least as broad evidencing that the Subrecipient’s insurance is primary and any insurance

or self-insurance maintained by the County of Orange shall be excess and non-

contributing.

The Network Security and Privacy Liability policy shall contain the following endorsements

which shall accompany the Certificate of Insurance:

1) An Additional Insured endorsement naming the County of Orange, its elected and

appointed officials, officers, agents and employees as Additional Insureds for its

vicarious liability.

2) A primary and non-contributing endorsement evidencing that the Subrecipient’s

insurance is primary and any insurance or self-insurance maintained by the County of

Orange shall be excess and non-contributing.

The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving

all rights of subrogation against the County of Orange, its elected and appointed officials,

officers, agents and employees or provide blanket coverage, which will state AS REQUIRED

BY WRITTEN Contract.

All insurance policies required by this Contract shall waive all rights of subrogation against the

County of Orange, its elected and appointed officials, officers, agents and employees when acting

within the scope of their appointment or employment.

The County of Orange shall be the loss payee on the Employee Dishonesty coverage. A Loss

Payee endorsement evidencing that the County of Orange is a Loss Payee shall accompany the

Certificate of Insurance.

Subrecipient shall notify County in writing within thirty (30) days of any policy cancellation and

ten (10) days for non-payment of premium and provide a copy of the cancellation notice to

County. Failure to provide written notice of cancellation may constitute a material breach of the

Contract, upon which the County may suspend or terminate this Contract.


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If Subrecipient’s Professional Liability and Network Security & Privacy Liability are “Claims-

Made” policy(ies), Subrecipient shall agree to maintain coverage for two (2) years following the

completion of the Contract.

The Commercial General Liability policy shall contain a severability of interests clause also

known as a “separation of insureds” clause (standard in the ISO CG 0001 policy).

Insurance certificates should be forwarded to the agency/department address listed on the

solicitation.

If the Subrecipient fails to provide the insurance certificates and endorsements within seven (7)

days of notification by the Contract Administrator, award may be made to the next qualified

vendor.

County expressly retains the right to require Subrecipient to increase or decrease insurance of

any of the above insurance types throughout the term of this Contract. Any increase or decrease

in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately

protect County.

County shall notify Subrecipient in writing of changes in the insurance requirements. If

Subrecipient does not deposit copies of acceptable Certificates of Insurance and endorsements

with County incorporating such changes within thirty (30) days of receipt of such notice, this

Contract may be in breach without further notice to Subrecipient, and County shall be entitled to

all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit

Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements

of this Contract, nor act in any way to reduce the policy coverage and limits available from the

insurer.

P. Changes: Subrecipient shall make no changes in the work or perform any additional work

without the County’s specific written approval.

Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interest: Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient’s business

prior to completion of this Contract, and the County agrees to an assignment of the Contract, the

new owners shall be required under terms of sale or other instruments of transfer to assume

Subrecipient’s duties and obligations contained in this Contract and complete them to the

satisfaction of the County.

County reserves the right to immediately terminate the Contract in the event the County

determines that the assignee is not qualified or is otherwise unacceptable to the County for the

provision of services under the Contract.

In addition, Subrecipient has the duty to notify the County in writing of any change in the

Subrecipient’s status with respect to name changes that do not require an assignment of the

Contract. The Subrecipient is also obligated to notify the County in writing if the Subrecipient

becomes a party to any litigation against the County, or a party to litigation that may reasonably

affect the Subrecipient’s performance under the Contract, as well as any potential conflicts of


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interest between Subrecipient and County that may arise prior to or during the period of Contract

performance. While Subrecipient will be required to provide this information without prompting

from the County any time there is a change in Subrecipient’s name, conflict of interest or

litigation status, Subrecipient must also provide an update to the County of its status in these

areas whenever requested by the County.

The Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions

that could result in a conflict with County interests. In addition to the Subrecipient, this

obligation shall apply to the Subrecipient’s employees, agents, and subcontractors associated

with the provision of goods and services provided under this Contract. The Subrecipient’s efforts

shall include, but not be limited to establishing rules and procedures preventing its

employees, agents, and subcontractors from providing or offering gifts, entertainment, payments,

loans or other considerations which could be deemed to influence or appear to influence County

staff or elected officers in the performance of their duties.

R. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory

performance penalties during any delay beyond the time named for the performance of this

Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond

its reasonable control, provided Subrecipient gives written notice of the cause of the delay to

County within 36 hours of the start of the delay and Subrecipient avails himself of any available

remedies.

S. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County-

related records and information pursuant to all statutory laws relating to privacy and

confidentiality that currently exist or exist at any time during the term of this Contract. All such

records and information shall be considered confidential and kept confidential by Subrecipient

and Subrecipient’s staff, agents and employees.

T. Compliance with Laws: Subrecipient represents and warrants that services to be provided under

this Contract shall fully comply, at Subrecipient’s expense, with all standards, laws, statutes,

restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not

limited to those issued by County in its governmental capacity and all other laws applicable to

the services at the time services are provided to and accepted by County. Subrecipient

acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to

the requirements of paragraph “Z” below, Subrecipient agrees that it shall defend, indemnify and

hold County and County Indemnitees harmless from all liability, damages, costs and expenses

arising from or related to a violation of such laws.

U. Intentionally left blank

V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of

competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions

hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated

thereby.

W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract,

each party shall bear their own attorney’s fees, costs and expenses.


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X. Interpretation: This Contract has been negotiated at arm’s length and between persons

sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each

party had been represented by experienced and knowledgeable independent legal counsel of their

own choosing or has knowingly declined to seek such counsel despite being encouraged and

given the opportunity to do so. Each party further acknowledges that they have not been

influenced to any extent whatsoever in executing this Contract by any other party hereto or by

any person representing them, or both. Accordingly, any rule or law (including California Civil

Code Section 1654) or legal decision that would require interpretation of any ambiguities in this

Contract against the party that has drafted it is not applicable and is waived. The provisions of

this Contract shall be interpreted in a reasonable manner to affect the purpose of the Parties and

this Contract.

Y. Employee Eligibility Verification: The Subrecipient warrants that it fully complies with all

Federal and State statutes and regulations regarding the employment of aliens and others and that

all its employees performing work under this Contract meet the citizenship or alien status

requirement set forth in Federal statutes and regulations. The Subrecipient shall obtain, from all

employees performing work hereunder, all verification and other documentation of employment

eligibility status required by Federal or State statutes and regulations including, but not limited

to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently

exist and as they may be hereafter amended. The Subrecipient shall retain all such documentation

for all covered employees for the period prescribed by the law. The Subrecipient shall indemnify,

defend with counsel approved in writing by County, and hold harmless, the County, and its

County Indemnitees, its agents, officers, and employees from employer sanctions and any other

liability which may be assessed against the Subrecipient or the County or County Indemnitees,

any combination of the three in connection with any alleged violation of any Federal or State

statutes or regulations pertaining to the eligibility for employment of any persons performing

work under this Contract.

Z. Indemnification: Subrecipient agrees to indemnify, defend with counsel approved in writing

by County, and hold County, its elected and appointed officials, officers, employees, agents and

those special districts and agencies which County’s Board of Supervisors acts as the governing

Board (“County Indemnitees”) harmless from any claims, demands or liability of any kind or

nature, including but not limited to personal injury or property damage, arising from or related

to the services, products or other performance provided by Subrecipient, its agents, employees,

affiliates or subcontractors, pursuant to this Contract. If judgment is entered against Subrecipient

and County by a court of competent jurisdiction because of the concurrent active negligence of

County or County Indemnitees, Subrecipient and County agree that liability will be apportioned

as determined by the court. Neither party shall request a jury apportionment.

AA. Audits/Inspections: Subrecipient agrees to permit the County’s Auditor-Controller or the

Auditor-Controller’s authorized representative (including auditors from a private auditing firm

hired by the County) access during normal working hours to all books, accounts, records,

reports, files, financial records, supporting documentation, including payroll and accounts

payable/receivable records, and other papers or property of Subrecipient for the purpose of

auditing or inspecting any aspect of performance under this Contract. The inspection and/or

audit will be confined to those matters connected with the performance of the Contract

including, but not limited to, the costs of administering the Contract. The County will provide

reasonable notice of such an audit or inspection.


Attachment B

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The County reserves the right to audit and verify the Subrecipient’s records before final payment

is made.

Subrecipient agrees to maintain such records for possible audit for a minimum of three (3) years

after final payment, unless a longer period of records retention is stipulated under this Contract

or by law. Subrecipient agrees to allow interviews of any employees or others who might

reasonably have information related to such records. Further, Subrecipient agrees to include a

similar right to the County to audit records and interview staff of any subcontractor related to

performance of this Contract.

Should the Subrecipient cease to exist as a legal entity, the Subrecipient’s records pertaining to

this Contract shall be forwarded to the County’s Project Manager.

BB. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this

Contract may be contingent upon State or Federal budget approval; receipt of funds from, and/or

obligation of funds by, the State of California or Federal government to County; and inclusion

of sufficient funding for the services hereunder in the budget approved by County’s Board of

Supervisors for each fiscal year covered by this Contract. If such approval, funding or

appropriations are not forthcoming, or are otherwise limited, County may terminate upon ten

(10) days written notice or modify this Contract without penalty.

CC. Expenditure Limit: The Subrecipient shall notify the County of Orange assigned Contract

Administrator in writing when the expenditures against the Contract reach 75 percent of the

dollar limit on the Contract. The County will not be responsible for any expenditure overruns

and will not pay for work exceeding the dollar limit on the Contract unless a written and

approved change order to cover those costs has been issued. Board of Supervisor approval may

be required.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK


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Additional Terms and Conditions:

1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the

County will procure American Rescue Plan Act – Elderly Nutrition Program Services from

Subrecipient as further detailed in the Scope of Services, identified and incorporated herein by

this reference as Attachment A.

2. Term of Contract: This Contract shall commence on October 1, 2021 and continue through

September 30, 2022, unless otherwise terminated by the County.

3. Renewal: This Contract may be renewed by mutual written agreement of both Parties for one

(1) additional one (1) year term. The County does not have to give reason if it elects not to renew.

Renewal periods may be subject to approval by the County of Orange Board of Supervisors. The

costs for any renewal periods shall be substantially similar to the initial term of the Contract and

continue to be reasonable and necessary for all renewals. In connection with a possible renewal,

the County shall have the right to consider Subrecipient’s actual expenditures, the units of

service, the current cost policy standards, and changes in program requirements, and Subrecipient

shall, upon the County’s request, promptly provide to the County all documentation related to

such items.

4. Headings: The various headings and numbers herein, the grouping of provisions of this Contract

into separate clauses and paragraphs, and the organization hereof are for the purpose of

convenience only and shall not limit or otherwise affect the meaning hereof.

5. Maximum Obligation: The total Maximum Obligation of County to the Subrecipient for the

cost of services provided in accordance with this Contract is $585,812, as further detailed in the

Budget Schedule, identified and incorporated herein by this reference as Attachment C.

6. Amendments – Changes/Extra Work: The Subrecipient shall make no changes to this Contract

without the County’s written consent. In the event that there are new or unforeseen requirements,

the County has the discretion with the Subrecipient’s concurrence, to make changes at any time

without changing the scope or price of the Contract.

If County-initiated changes or changes in laws or government regulations affect price, the

Subrecipient’s ability to deliver services, or the project schedule, the Subrecipient will give

County written notice no later than ten (10) days from the date the law or regulation went into

effect or the date the change was proposed and Subrecipient was notified of the change. Such

changes shall be agreed to in writing and incorporated into a Contract amendment. Said

amendment shall be issued by the County-assigned Contract Administrator, shall require the

mutual consent of all Parties, and may be subject to approval by the County Board of supervisors.

Nothing herein shall prohibit the Subrecipient from proceeding with the work as originally set

forth or as previously amended in this Contract.

7. Breach of Contract: The failure of the Subrecipient to comply with any of the provisions,

covenants or conditions of this Contract shall be a material breach of this Contract. In such event

the County may, and in addition to any other remedies available at law, in equity, or otherwise

specified in this Contract:

a) Terminate the Contract immediately, pursuant to Paragraph K herein;


Attachment B

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b) Afford the Subrecipient written notice of the breach and ten (10) calendar days or such

shorter time that may be specified in this Contract within which to cure the breach;

c) Discontinue payment to the Subrecipient for and during the period in which the

Subrecipient is in breach; and

d) Offset against any monies billed by the Subrecipient but yet unpaid by the County those

monies disallowed pursuant to the above.

8. Conditions Affecting Work: The Subrecipient shall be responsible for taking all steps

reasonably necessary, to ascertain the nature and location of the work to be performed under this

Contract; and to know the general conditions which can affect the work or the cost thereof. Any

failure by the Subrecipient to do so will not relieve Subrecipient from responsibility for

successfully performing the work without additional cost to the County. The County assumes

no responsibility for any understanding or representations concerning the nature, location(s) or

general conditions made by any of its officers or agents prior to the execution of this Contract,

unless such understanding or representations by the County are expressly stated in the Contract.

9. Conflict of Interest – Subrecipient’s Personnel: The Subrecipient shall exercise reasonable

care and diligence to prevent any actions or conditions that could result in a conflict with the best

interests of the County. This obligation shall apply to the Subrecipient; the Subrecipient’s

employees, agents, and subcontractors associated with accomplishing work and services

hereunder. The Subrecipient’s efforts shall include, but not be limited to establishing precautions

to prevent its employees, agents, and subcontractors from providing or offering gifts,

entertainment, payments, loans or other considerations which could be deemed to influence or

appear to influence County staff or elected officers from acting in the best interests of the County.

The Subrecipient shall not use moneys provided under this Contract to pay or reimburse any staff

person of Subrecipient or any consultant to Subrecipient, if such staff person or consultant is a

member of the Board of Directors, or other official governing body, of Subrecipient. Subrecipient

shall further be subject to the full texts of local, State and federal conflict of interest statutes

applicable to this Contract.

10. Conflict of Interest – County Personnel: The County of Orange Board of Supervisors policy

prohibits its employees from engaging in activities involving a conflict of interest. The

Subrecipient shall not, during the period of this Contract, employ any County employee for any

purpose.

11. Service Contract – Follow-On Work: No person, firm, subsidiary or subcontractor of a firm

that has been awarded a consulting services contract or a contract which includes a consulting

component may be awarded a Contract for the performance of services, the purchase of goods or

supplies, or the provision of any other related action which arises from or can reasonably be

deemed an end-product of work performed under the initial consulting to consulting-related

Contract.

12. Project Manager, County: The County shall appoint a Project Manager to act as liaison between

the County and the Subrecipient during the term of this Contract. The County’s Project Manager

shall coordinate the activities of the County staff assigned to work with the Subrecipient.


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13. Subrecipient’s Project Manager and Key Personnel: Subrecipient shall appoint a Project

Manager to direct the Subrecipient’s efforts in fulfilling Subrecipient’s obligations under this

Contract. This Project Manager shall be subject to approval by the County and shall not be

changed without the written consent of the County’s Project Manager, which consent shall not

be unreasonably withheld.

The Subrecipient’s Project Manager, in consultation and agreement with the County, shall be

assigned to this project for the duration of the Contract and shall diligently pursue all work and

services to meet the project time lines. The County’s Project Manager, in consultation and

agreement with the Director, shall have the right to require the removal and replacement of the

Subrecipient’s Project Manager from providing services to the County under this Contract. The

County’s Project Manager shall notify the Subrecipient in writing of such action. The

Subrecipient shall accomplish the removal within five (5) business days after written notice by

the County’s Project Manager. The County’s Project Manager shall review and approve the

appointment of the replacement for the Subrecipient’s Project Manager. The County is not

required to provide any additional information, reason or rationale in the event it requires the

removal of Subrecipient’s Project Manager from providing further services under the Contract.

14. Data – Title To: All materials, documents, data or information obtained from the County data

files or any County medium furnished to the Subrecipient in the performance of this Contract

will at all times remain the property of the County. Such data or information may not be used or

copied for direct or indirect use by the Subrecipient after completion or termination of this

Contract without the express written consent of the County. All materials, documents, data or

information, including copies, must be returned to the County at the end of this Contract.

A. Copyrights

1. If any material funded by this Contract is subject to copyright, the State of California

reserves the right to copyright such material and the Subrecipient agrees not to copyright

such material, except as set forth in Paragraph 14(B) below.

2. The Subrecipient may request permission to copyright material by writing to the

Director of Office on Aging. The Office on Aging will request permission from the

Director of CDA. The County shall use commercially reasonable efforts to secure from

the Director of CDA permission, or reason for denying permission to the County in

writing within approximately sixty (60) days of receipt of the request, and will inform

Subrecipient after receiving a decision from CDA.

3. If the material is copyrighted with the consent of CDA, the State of California reserves,

and Subrecipient hereby grants to the State of California, 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 to the author. Subrecipient also hereby grants to the County, 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 to the author.

4. The Subrecipient certifies that it has appropriate systems and controls in place to

ensure that State of California and/or County funds will not be used in the performance


Attachment B

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of this Contract for the acquisition, operation, or maintenance of computer software in

violation of copyright laws.

B. Rights in Data:

1. The Subrecipient shall not publish or transfer any materials, as defined in Paragraph

14(B)(2) below, produced or resulting from activities supported by this Contract without

the express written consent of the Director of Office on Aging. The County shall use

commercially reasonable efforts to (1) respond; and (2) if appropriate, secure consent

from the Director of CDA, or the reasons for denial, and any conditions under which it is

given or denied, within sixty (60) days after the written request is received by County.

CDA and/or County may request a copy of the material for review prior to approval of

the request. This subsection is not intended to prohibit the Subrecipient from sharing

identifying client information authorized by the participant or summary program

information which is not client-specific.

2. As used in this Contract, the term “subject data” means writings, sound 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 Contract.

The term does not include financial reports, or cost analyses and similar information

incidental to contract administration, or the exchange of that information between Area

Agencies on Aging to facilitate uniformity of contract and program administration on a

statewide basis.

3. Subject only to other provisions of the Standard Agreement for Contract Number AP-

1920-22 by and between the County and CDA, the State of California may use, duplicate,

or disclose in any manner, and have or permit others to do so subject to State and federal

law.

15. Licenses: At its own expense, Subrecipient and its subcontractors, if any, shall, at all time during

the term of this Contract, maintain in full force and effect such licenses or permits as may be

required by the State of California or any other government entity. Subrecipient and his

subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations

now in effect or as subsequently enacted or modified, as promulgated by any local, State, or

Federal governmental entity.

16. Disputes – Contract:

A. The Parties shall deal in good faith and attempt to resolve potential disputes informally.

If the dispute concerning a question of fact arising under the terms of this Contract is not

disposed of in a reasonable period of time by the Subrecipient’s Project Manager and the

County’s Project Manager, such matter shall be brought to the attention of the Contract

Administrator by way of the following process:

1. The Subrecipient shall submit to the agency/department assigned Contract

Administrator a written demand for a final decision regarding the disposition of any

dispute between the Parties arising under, related to, or involving this Contract,

unless the County, on its own initiative, has already rendered such a final decision.


Attachment B

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2. The Subrecipient’s written demand shall be fully supported by factual information,

and, if such demand involves a cost adjustment to the Contract, the Subrecipient

shall include with the demand a written statement signed by a senior official

indicating that the demand is made in good faith, that the supporting data are

accurate and complete, and that the amount requested accurately reflects the

Contract adjustment for which the Subrecipient believes the County is liable.

B. Pending the final resolution of any dispute arising under, related to, or involving this

Contract, the Subrecipient agrees to diligently proceed with the performance of this

Contract, including the delivery of goods and/or provision of services. The Subrecipient’s

failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of the County shall be expressly identified as such, shall be in writing, and

shall be signed by the Director. If the County fails to render a decision within 90 days after

receipt of the Subrecipient’s demand, it shall be deemed a final decision adverse to the

Subrecipient’s contentions. Nothing in this section shall be construed as affecting the County’s

right to terminate the Contract for cause or termination for convenience as stated in Paragraph K

herein.

17. EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, the

County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the

Internal Revenue Code for services received from a “service provider” to whom the County pays

$600 or more or with whom the County enters into a contract for $600 or more within a single

calendar year. The purpose of this reporting requirement is to increase child support collection

by helping to locate parents who are delinquent in their child support obligations.

The term “service provider” is defined in California Unemployment Insurance Code Section

1088.8, Subparagraph B.2 as “an individual who is not an employee of the service recipient for

California purposes and who received compensation or executes a contract for services

performed for that service recipient within or without the State.” The term is further defined by

the California Employment Development Department to refer specifically to independent

Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee

of the ... government entity for California purposes and who receives compensation or executes

a contract for services performed for that ... government entity either in or outside of California.”

The reporting requirement does not apply to corporations, general partnerships, limited liability

partnerships, and limited liability companies.

Additional information on this reporting requirement can be found at the California Employment

Development Department web site located at http://www.edd.ca.gov/Employer_Services.htm.

18. Errors and Omissions: All reports, files and other documents prepared and submitted by

Subrecipient shall be complete and shall be carefully checked by the professional(s) identified

by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the

County. Subrecipient agrees that County review is discretionary and Subrecipient shall not

assume that the County will discover errors and/or omissions. If the County discovers any errors

or omissions prior to approving Subrecipient’s reports, files and other written documents, the

reports, files or documents will be returned to Subrecipient for correction. Should the County or


Attachment B

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others discover errors or omissions in the reports, files or other written documents submitted by

the Subrecipient after County approval thereof, County approval of Subrecipient’s reports, files

or documents shall not be used as a defense by Subrecipient in any action between the County

and Subrecipient, and the reports, files or documents will be returned to Subrecipient for

correction.

19. Non-Supplantation of Funds: Subrecipient shall not supplant any Federal, State, or County

funds intended for the purposes of this Contract with any funds made available under this

Contract. Subrecipient shall not claim reimbursement from County for, or apply sums received

from County with respect to, that portion of its obligations which have been paid by another

source of revenue. Subrecipient agrees that it shall not use funds received pursuant to this

Contract, either directly or indirectly, as a contribution or compensation for the purposes of

obtaining Federal, State, or County funds under any Federal, State, or County program without

prior written approval from the County.

20. Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction

of County. County’s staff will interpret all reports and determine the quality, acceptability and

progress of the services rendered.

21. Access and Records: County, the State of California and the United States Government and/or

their representatives, shall have access, for purposes of monitoring, auditing, and examining, to

Subrecipient’s activities, books, documents and papers (including computer records and emails)

and to records of Subrecipient’s subcontractors, consultants, contracted employees, bookkeepers,

accountants, employees and participants related to this Contract. Subrecipient shall insert this

condition in each Contract between Subrecipient and a subcontractor that is pursuant to this

Contract shall require the subcontractor to agree to this condition. Such departments or

representatives shall have the right to make excerpts, transcripts and photocopies of such records

and to schedule on site monitoring at their discretion. Monitoring activities also may include, but

are not limited to, questioning employees and participants and entering any premises or onto any

site in which any of the services or activities funded hereunder are conducted or in which any of

the records of Subrecipient are kept. Subrecipient shall make available its books, documents,

papers, financial records, etc., within three (3) days after receipt of written demand by Director

which shall be deemed received upon date of sending. In the event Subrecipient does not make

the above referenced documents available within the County of Orange, California, Subrecipient

agrees to pay all necessary and reasonable expenses incurred by County, or County’s designee,

in conducting any audit at the location where said records and books of account are maintained.

22. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or

electronic signatures and handwritten signatures may be signed by each of the Parties, and this

Contract will have the same force and effect as if the Original had been signed by all the Parties.

23. Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents

necessary to complete the services and requirements as set forth in Attachment A. The County’s

Project Manager and the Subrecipient’s Project Manager will meet on reasonable notice to

discuss the Subrecipient’s performance and progress under this contract. If requested, the

Subrecipient’s Project Manager and other project personnel shall attend all meetings. The

Subrecipient shall provide such information that is requested by the County for the purpose of

monitoring progress under this Contract.


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24. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted

by the Subrecipient without advance written consent of the County. Any attempt by the

Subrecipient to subcontract any performance of this Contract without the advance written consent

of the County shall be invalid and shall constitute a breach of this Contract.

In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall

take precedence over the terms of the Contract between Subrecipient and subcontractor and shall

incorporate by reference the terms of this Contract. The Subrecipient shall select a subcontractor

in accordance to Federal and/or State procurement standards. The County shall look to the

Subrecipient for performance and indemnification and not deal directly with any subcontractor.

All work performed by a subcontractor must meet the approval of the County of Orange.

Additional Subcontract expectations identified in Attachment A.

25. Equal Employment Opportunity: The Subrecipient shall comply with U.S. Executive Order

11246 entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as

supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable State of

California regulations as may now exist or be amended in the future. The Subrecipient shall not

discriminate against any employee or applicant for employment on the basis of race, color,

national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental

condition.

Regarding persons with disabilities persons, the Subrecipient will not discriminate against any

employee or applicant for employment because of physical or mental disability in regard to any

position for which the employee or applicant for employment is qualified. The Subrecipient

agrees to provide equal opportunity to disabled persons in employment or in advancement in

employment or otherwise treat qualified disabled individuals without discrimination based upon

their physical or mental disabilities in all employment practices such as the following:

employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations,

rate of pay or other forms of compensation, and selection for training, including apprenticeship.

The Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the

Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against

qualified disabled persons in all programs and/or activities as detailed in regulations signed by

the Secretary of the Department of Health and Human Services effective June 3, 1977, and found

in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended

in the future.

Regarding persons with disabilities, Subrecipient agrees to comply with applicable provisions of

Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended

in the future.

26. Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or

otherwise, were offered or given by the Subrecipient or any agent or representative of the

Subrecipient to any officer or employee of the County with a view toward securing the Contract

or securing favorable treatment with respect to any determinations concerning the performance

of the Contract. For breach or violation of this warranty, the County shall have the right to

terminate the Contract, either in whole or in part, and any loss or damage sustained by the County

in procuring on the open market any goods or services which the Subrecipient agreed to supply

shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided


Attachment B

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in the clause shall not be exclusive and are in addition to any other rights and remedies provided

by law or under the Contract.

27. Media Contact/News/Information Release: The Subrecipient agrees that it will not contact the

media/press, discuss this Contract or the related program with the media/press, or issue any news

releases in connection with either the award of this Contract, any subsequent amendment of, or

any effort/performance under this Contract without first obtaining review and written approval

of said media/press contact, discussion, and/or news release from the County through the

County’s Project Manager.

28. Notices: Any and all notices, requests, demands and other communications contemplated, called

for, permitted, or required to be given hereunder shall be in writing, except through the course of

the Parties routine exchange of information and cooperation during the terms of the work and

services. Any written communications shall be deemed to have been duly given upon actual in-

person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no

greater than four calendar days after being mailed by US certified or registered mail, return

receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the

first day. All communications shall be addressed to the appropriate party at the address stated

herein or such other address as the Parties hereto may designate by written notice from time to

time in the manner aforesaid.

For County:

OC Community Resources OC Community Resources

Office on Aging Contract Development and Management

Project Manager Contract Administrator

1300 S. Grand Ave. Bldg. B, 2nd Floor 601 N. Ross St., 6th Floor

Santa Ana, CA 92705-4407 Santa Ana, CA 92701

For Subrecipient:


Steven Moyer, Chief Executive Officer

23101 Lake Center Drive, Suite 325

Lake Forest, CA 92630

29. Ownership of Documents: The County has permanent ownership of all directly connected and

derivative materials produced under this Contract by the Subrecipient. All documents, reports

and other incidental or derivative work or materials furnished hereunder shall become and

remains the sole property of the County and may be used by the County as it may require without

additional cost to the County. None of the documents, reports and other incidental or derivative

work or furnished materials shall be used by the Subrecipient without the express written consent

of the County.

30. Precedence: The Contract documents consist of this Contract and its exhibits and attachments.

In the event of a conflict between or among the Contract documents, the order of precedence

shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the

recitals and articles of this Contract, and then the exhibits and attachments.


Attachment B

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31. Termination – Orderly: After receipt of a termination notice from the County of Orange, the

Subrecipient may submit to the County a termination claim, if applicable. Such claim shall be

submitted promptly, but in no event later than 60 days from the effective date of the termination,

unless one or more extensions in writing are granted by the County upon written request of the

Subrecipient. Upon termination County agrees to pay the Subrecipient for all services performed

prior to termination which meet the requirements of the Contract, provided, however, that such

compensation combined with previously paid compensation shall not exceed the total

compensation set forth in the Contract. Upon termination or other expiration of this Contract,

each party shall promptly return to the other party all papers, materials, and other properties of

the other held by each for purposes of performance of the Contract.

32. Default – Re-Procurement Costs: In case of Contract breach by Subrecipient, resulting in

termination by the County, the County may procure the goods and/or Services from other sources.

If the cost for those goods and/or services is higher than under the terms of the existing Contract,

Subrecipient will be responsible for paying the County the difference between the Contract cost

and the price paid, and the County may deduct this cost from any unpaid balance due the

Subrecipient. The price paid by the County shall be the prevailing market price at the time such

purchase is made. This is in addition to any other remedies available under this Contract and

under law.

33. County Branding and Funding Source Identification Requirements:

Publicity, Literature, Advertisement and Social Media

A. County owns all rights to the name, logos, and symbols of County. The use and/or

reproduction of County’s name, logos, or symbols for any purpose, including commercial

advertisement, promotional purposes, announcements, displays, or press releases,

without County’s prior written consent is expressly prohibited and Subrecipient agrees

that it shall take no such action.

B. Subrecipient may speak to the media/press, release statements, allow for video or

photography, or develop and publish information related to this Contract where all of the

following conditions are satisfied:

1. Project Manager provides its written approval of (1) the oral, written, or other

content; and (2) publication or other communication of the content/information, at

least five (5) days prior to Subrecipient publishing or communicating the

content/information information, unless a different timeframe for approval is agreed

upon by the Project Manager;

Unless directed otherwise by Project Manager, the communication or statement will

include an oral or written statement that the Contract and related program, wholly or

in part, is funded through County, State and/or Federal government funds, and

identify the specific funding source(s) for the Contract and related program; and

All project publicity shall include the following statement: “This project is funded in

part through a grant from the American Rescue Plan Act, as allocated by the Orange

County Board of Supervisors.” Additional instructions identified in Attachment A.


Attachment B

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2. The information does not give the appearance that the County, its officers,

employees, or agencies endorse:

a. any commercial product or service; and,

b. any product or service provided by Subrecipient, unless approved in writing by

Project Manager.

3. If Subrecipient uses social media (such as Facebook, Twitter, YouTube or other

publicly available social media sites) to publish information related to this Contract,

Subrecipient shall develop social media policies and procedures and have them

available to the Project Manager. Subrecipient shall comply with County Social

Media Use Policy and Procedures as they pertain to any social media developed in

support of the services described within this Contract. The policy is available on the

Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies.

4. Subrecipient shall not create the false appearance, mistaken impression, or

misrepresentation, through an omission or affirmative statement, that this Contract

or the program related thereto is created by, funded by, or attributable to any entity,

organization, or person other than the County (including its staff and officials) and

the actual funding sources for this Contract, unless such information is accurate and

complete.

Program Specific Terms and Conditions:

34. Debarment: Subrecipient shall execute and abide by the Debarment & Suspension Certification,

attached hereto as Exhibit 2 and incorporated herein by this reference, and by so doing declares

that it is not debarred or suspended or otherwise excluded from or ineligible for participation in

Federal/State assistance programs in accordance with 29 C.F.R. Part 98.

35. Lobbying Certification:

A. Subrecipient shall execute and abide by the terms of the “Certification Regarding

Lobbying,” which is attached hereto as Exhibit 3 and incorporated herein by this

reference. Subrecipient shall complete and immediately forward to the County’s Project

Manager the “Disclosure Form to Report Lobbying,” a copy of which is attached hereto

as Exhibit 4 and incorporated herein by this reference, if Subrecipient, or any person, firm

or corporation acting on Subrecipient’s behalf, engaged or engages in lobbying any

federal office, employee, elected official or agency with respect to this Contract or funds

to be received by Subrecipient pursuant to this Contract.

B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly

or indirectly, any political party, political candidate or political activity, except as

permitted by law.

C. Subrecipient shall be in compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C.

1352 and 29 CFR Part 93).

36. Fraud: Subrecipient shall immediately report to the Project Manager, in writing, all suspected,

alleged, or known instances and facts concerning possible fraud, abuse or criminal activity by

either Subrecipient or its Subcontractor(s) under this Contract. Subrecipient shall inform staff

and the general public of how to report fraud, waste or abuse through appropriate postings of


Attachment B

Page 27 of 99

incident reporting notice. The County’s Anti-Fraud Program can be accessed through:

http://ocgov.com/gov/risk/programs/antifraud.

Subrecipient shall maintain records, documents, or other evidence of fraud and abuse until

otherwise notified by County.

37. Fiscal Appropriations: This Contract is subject to and contingent upon available local, state,

and/or federal funds and applicable budgetary appropriations being approved by the County of

Orange Board of Supervisors for each fiscal year during the term of this Contract. If such

appropriations are not approved, the Contract will be terminated, without penalty to the County.

38. Fiscal Accountability:

A. Subrecipient shall establish and maintain a sound financial management system, based

upon generally accepted accounting principles. Subrecipient’s system shall provide fiscal

control and accounting procedures that will include the following:

1. Information pertaining to sub-grant and Contract awards, obligations, unobligated

balances, assets, expenditures, and income;

2. Effective internal controls to safeguard assets and assure their proper use;

3. A comparison of actual expenditures with budgeted amounts for each sub grant and

Contract;

4. Source documentation to support accounting records; and

5. Proper charging of costs and cost allocation.

B. Subrecipient’s Records. Subrecipient’s records shall be sufficient to:

1. Permit preparation of required reports;

2. Permit tracking of funds to a level of expenditure adequate to establish that funds

have not been used in violation of the applicable restrictions on the use of such funds;

and;

3. Permit the tracking of program income, or profits earned, and any costs incurred (such

as stand-in costs) that are otherwise allowable except for funding limitation.

39. Indirect Costs: The maximum reimbursement amount allowable for indirect costs is ten percent

(10%) of the Subrecipient’s Modified Total Direct Costs (MTDC), excluding in-kind

contributions and nonexpendable equipment. Subrecipients requesting reimbursement for

indirect costs shall retain on file an approved indirect cost rate accepted by all federal awarding

agencies or an allocation plan documenting the methodology used to determine the indirect costs.

Indirect costs exceeding the maximum ten percent (10%) may be budgeted as in-kind for

purposes of meeting matching requirements in Title III and VII programs only. Subrecipient must

receive prior approval from federal awarding agency prior to budgeting the excess indirect costs

as in-kind.


Attachment B

Page 28 of 99

40. Dissolution of Entity: Subrecipient shall notify County immediately of any intention to

discontinue its existence or bring an action for dissolution.

41. Performance Standards: Subrecipient shall comply with and adhere to the performance

accountability standards and general program requirements defined in Attachment A and

applicable regulations. Should the Performance Requirements defined in the Agreement between

the State of California and the County of Orange be changed, County shall have the right to

unilaterally modify this Contract to meet such requirements.

A. Accepted professional standards. The performance of work and Services pursuant to this

Contract by Subrecipient and its subcontractor’s, if any, shall conform to accepted

professional standards associated with all Services provided under this Contract.

Subrecipient shall resolve all issues regarding the performance of Subrecipient and its

subcontractor’s, if any, under this Contract using good administrative practices and sound

judgment. Subrecipient shall be accountable to County for the proper use of funds

provided to Subrecipient pursuant to this Contract and for the performance of all work

and Services pursuant to this Contract.

B. Performance of Subrecipient. Subrecipient agrees to meet the performance standards

listed in Attachment E.

Administrator or Subrecipient may transfer units of Service from one unit of Service to

another unit of Service in Attachment “A” as long as the basic goals and objectives of the

program are not altered, and prior written agreement is obtained by Subrecipient from

Administrator. Administrator in its sole discretion may increase units of Service in

Attachment E as a result of a contingency cost increase. Administrator in its sole

discretion may decrease units of service in Attachment E as a result of a contingency cost

decrease. If, at the end of any third, sixth or ninth month, the reported units of service fall

below 95% or above 110% of the contracted levels for Older Americans Act or Older

Californians Act programs, County, in its sole discretion, may do any, or more than one,

of the following:

i. If Administrator determines that Subrecipient’s failure to provide the required levels

of Service poses an immediate risk to the health or safety of the older adult clients

who should benefit from Services provided by Subrecipient, and that the most

effective method of protecting the interests of the older adults is to obtain the

Services described herein from another source, County may terminate this Contract

immediately in accordance with Paragraph K hereof and pursue all available legal

remedies for breach of this Contract, including, but not limited to, the return by

Subrecipient of all funds paid by County to Subrecipient that were not expended in

accordance with this Contract.

ii. If Administrator determines that Subrecipient’s failure to provide the required levels

of service poses an immediate risk to the health or safety of the older adults who

should benefit from services provided by Subrecipient, and that the most effective

method of protecting the interests of the older adults is to require full performance

by Subrecipient of its duties hereunder, County may seek such injunctive relief

against Subrecipient as is appropriate and pursue all other available legal remedies

for breach of this Contract, including, but not limited to, the return by Subrecipient


Attachment B

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of all funds paid by County to Subrecipient that were not expended in accordance

with this Contract.

iii. If the level of performance falls below the required levels for the California

Department of Aging Standard Contract Terms and Conditions or 95% of the level(s)

as specified in Attachment(s) A and E, Administrator may unilaterally reduce the

funding available to Subrecipient under this Contract to reflect the level of service

actually provided by Subrecipient, and may unilaterally make concomitant

adjustments in the funding amounts set forth in the Budget Schedule Attachment C

of this Contract.

iv. Administrator may demand, and Subrecipient shall submit upon demand, a

corrective action plan that shall include an analysis of the causes of the problem,

specific actions to be taken to correct the problem, and a timetable for each such

action. The corrective action plan is to be submitted to Administrator within ten (10)

days of the request from County and implemented in the required time frame. If

Subrecipient does not carry out the required corrective action within the designated

time frame, County shall have the right, in its sole discretion, to take any, or more

than one, of the following actions:

a. Terminate this Contract pursuant to Paragraph K hereof;

b. Discontinue program support until such time as Subrecipient complies with the

corrective action plan;

c. Seek appropriate injunctive relief;

d. Collect from Subrecipient all funds paid by County to Subrecipient that were not

expended in accordance with this Contract;

e. Collect from Subrecipient damages for breach of this Contract;

f. Reduce the funding available to or hereunder; or

g. Pursue any other available legal or equitable remedy against Subrecipient.

Within five (5) days of demand therefore, Subrecipient shall repay to County all funds

paid by County to Subrecipient that were not expended in accordance with this Contract.

C. Reporting requirements

i. Subrecipient will be required to submit records, statistical information, financial

reports, and program information in electronic or paper format as required by the

County of Orange OoA.

ii. Subrecipient shall retain all collected data for the periods specified in Paragraph 46

of this Contract. County has the right to review this documentation at any time during

normal business hours.

iii. County reserves the right to withhold payment or to terminate this Contract for

nonconformance with data collection and reporting requirements.

iv. Subrecipient is required to collect and report program data to OoA, including if

applicable, properly registering every client receiving services under this Contract,

in compliance with the data reporting system required by the California Department

of Aging.

v. Data shall be collected by Subrecipient every time a service is delivered to a

registered client. Data shall be reported to OoA monthly, or as designated by

Administrator.

vi. Subrecipient will also be required to submit to OoA other records, statistical

information, financial reports, invoices, and program information in electronic or


Attachment B

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paper format by the 10th of every month unless otherwise authorized by

Administrator.

vii. If County-provided data collection equipment is provided; Subrecipient must

maintain such equipment in a secure office environment.

viii. Within 10 days of award of this Contract the Subrecipient must inform the OoA of

the designated primary and one back-up staff member who will be responsible for

“a” through “e” below. The Subrecipient must inform the OoA within 72 hours of

any changes to this designation. New designee(s) will comply with systems training

as designated by OoA.

a. Supervising the collection of, or collecting data from this program;

b. Compiling collected data and reconciling it to data collected;

c. Recording collected data in a format required by OoA, using an application

required by OoA;

d. Distributing forms and reports to the responsible person and collecting

completed forms; and

e. As required, completing all required OoA/CDA forms.

ix. Computer Interface Capability: Subrecipient’s computer must meet the minimum

hardware/software requirements specified by the vendor that is contracted with the

OoA to provide the required CDA reporting data, if required by Administrator.

Subrecipient must also maintain computer hardware/software that is able to send and

receive email and attachments from Administrator.

x. Failure to comply with any portion of the system requirements as herein described

violates the instructions and specifications of the California Department of Aging

Terms and Conditions as required by the State and County. County reserves the right

to withhold payment or to terminate this Contract for nonconformance with data

collection and reporting requirements.

42. Payments:

Subrecipient agrees that any and all funds received under this Contract annually for each

respective fiscal year shall be disbursed on or before September 30, and that any and all funds

remaining as of September 30 annually, which have not been disbursed shall be returned by

Subrecipient to County within thirty (30) days of the expiration or earlier termination of the

Contract in accordance with Paragraph K of this Contract. No expense of Subrecipient will be

reimbursed by County if incurred after September 30 of each fiscal year.

Upon the effective date of this Contract, County shall make payment to Subrecipient in

accordance with the following payment schedule:

A. Monthly Payments: Beginning November 1, upon receipt and approval by OC

Community Resources – OC Community Services of Subrecipient’s invoice showing

prior month(s) actual expenditures, County shall make monthly reimbursement payments

based on Subrecipient’s invoice so long as the total payments under this Contract do not

exceed the Contract maximum obligation.

B. County Discretion: At the sole discretion of County, payments to Subrecipient may be

made more frequently than monthly, but such payments shall always be in arrears and not

in advance of the provision of services by Subrecipient.


Attachment B

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C. Invoices: Subrecipient shall provide monthly invoices by the 15th day following the

month being reported. If the 15th falls on a weekend or holiday, the invoice/data report

is due the next business day. Invoices shall show the most up to date costs chargeable to

the program(s) referenced in this Contract and in accordance with the OC Community

Resources Contract Reimbursement Policy for documenting Subrecipient costs,

incorporated herein by reference as Exhibit 5. Failure to provide any of the required

documentation will cause County to withhold all or a portion of a request for

reimbursement, or return the entire reimbursement package to Subrecipient, until such

documentation has been received and approved by the County.

D. Advance Payment: Notwithstanding Paragraphs 42.A and 42.B above, upon written

request and justification of an immediate need based upon cash forecasting from

Subrecipient, County may advance to Subrecipient a portion of County’s maximum

obligation hereunder. The County’s Project Manager shall reduce the amount of monthly

payments in the ninth, tenth, and eleventh, months by an equal amount of any advance

payment to recover any outstanding advance or part(s) thereof

If Subrecipient expenditures for any program referenced in this Contract fall below 20% of

planned expenditures for any cumulative period commencing from the beginning of the term of

this Contract, Subrecipient may be subject to a reduction in funding. No payments will be

authorized if any preceding month’s reports or invoices have not been received. Refer to

Attachment B, Payment/Compensation for additional information.

43. Budget Schedule: Subrecipient agrees that the expenditures of any and all funds under this

Contract will be in accordance with the Budget Schedule, a copy of which is attached hereto as

Attachment C, and which by this reference is incorporated herein and made a part hereof as if

fully set forth.

44. Modification of Budget Schedule: Upon written approval, County shall have the authority to

transfer allocated program funds from one category of the overall program Budget to any other

category of the overall Budget. No such transfer may be made without the express prior written

approval of County. Subrecipients will be limited to three (3) adjustments per year. Each

modification shall be submitted to the Contract Manager no later than 10 days after the end of

the first three quarters as necessary. County initiated adjustments do not count towards the three

allowed modification each year.

45. Annual Audit: Subrecipient shall arrange for an independent audit to be performed by a Certified

Public Accountant, for funds received from County, in accordance with Audit Requirements

detailed in Attachment A and which by this reference is incorporated herein and made a part

hereof as if fully set forth.

46. Audit Requirements:

A. Maintenance and retention. Subrecipient shall, at all times during the term of this

Contract, maintain complete records (which shall include, but not be limited to,

accounting records, grants, Contracts, agreements, letters of agreement, insurance

documentation, memoranda and/or letters of understanding and client records) of its

activities and expenditures hereunder in a form satisfactory to the State and County. All

such records must be maintained and kept available by Subrecipient as follows:


Attachment B

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i. Until three (3) years after final payment under this Contract, or until an audit has

occurred and an audit resolution has been reached, whichever is later, unless

otherwise authorized in writing by County; or

ii. For such longer period, if any, as is required by applicable statute, by any other

Paragraph or Section of this Contract or by Paragraphs “B” or “C” below, or for

such longer period as the State or County deem necessary.

B. Termination of Contract. If this Contract is completely or partially terminated, the records

relating to the work terminated shall be preserved and made available for the same periods

as set forth in this Paragraph “A” and “C”.

C. Litigation, claims, etc. 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 kept available until three (3) years after every action has been cleared to

the satisfaction of County and so stated in writing to Subrecipient.

D. Accounting records. Unless otherwise agreed in writing by Administrator, Subrecipient

shall maintain accounting records to account for all funds received under this Contract.

Said records shall be separate from the records for any other funds administered by

Subrecipient and shall be kept in accordance with generally accepted accounting

principles and procedures. Said records must contain information pertaining to receipt of

funds for the program(s) for which this Contract provides, authorization to expend said

funds, obligations, unobligated balances, assets, liabilities, outlays or expenditures,

program income, contributions, and third-party revenue. Said accounting records must be

supported by source documentation (such as cancelled checks, paid bills, payrolls, time

and attendance records, Contract and subcontract award documents, etc.), and adequate

source documentation of each transaction shall be maintained relative to the allowability

of expenditures under this Contract. If the allowability of expenditures cannot be

determined because records or documentation of Subrecipient are nonexistent or

inadequate according to generally accepted accounting principles and procedures, the

expenditures will be questioned in the audit and may be disallowed during the audit

resolution process.

E. Financial reporting requirements. Grant funds shall be identified separately. The County

requires Subrecipient to discretely identify State, federal and local grant funding in the

Statement of Revenues and Expenditures. In addition, the amounts reported on the

Schedule of Revenue and Expenditures shall be displayed by award year beginning

October 1st and ending September 30th.

F. Sub-contract provisions. Subrecipient shall place in all of its sub-contracts, if any, made

pursuant to, and/or utilizing funds provided by, this Contract, provisions requiring the

subcontractor: (1) to make available to County, State and federal officials all of its records

with respect to the sub-contract at any time during normal business hours for the purpose

of auditing, examining or making excerpts of such records and auditing all invoices,

materials, payrolls, records of personnel and other data relating to all matters covered by

the sub-contract; and (2) to retain books, documents, papers, records and other evidence


Attachment B

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pertinent to the sub-contract for the period of time specified in this Paragraph “A”, “B”,

and “C” above.

G. Audit.

i. If Subrecipient expends more than $750,000 in federal funds during the term of this

Contract, Subrecipient shall arrange for an audit to be performed, within one hundred

fifty (150) days of the end of Subrecipient’s fiscal year and in accordance with 2 CFR

Part 200, Subpart F, “Audit Requirements of States, Local Governments, and Non-

Profit Organizations,” which is incorporated herein by reference. Furthermore,

County retains the authority to require Subrecipient to submit a similarly prepared

audit at Subrecipient’s expense even in instances when Subrecipient’s expenditure is

less than $750,000.

ii. Subrecipient shall take the following actions in connection with such audit:

a. Ensure that appropriate corrective action is taken to correct instances of

noncompliance with federal laws and regulations. Corrective action shall be taken

within six months after County receives Subrecipient’s audit report;

b. Adjust its own records as necessitated by the audit;

c. Permit independent auditors to have access to its records and financial statements

as is necessary for County or Subrecipient to comply with 2 CFR Part 200,

Subpart F;

d. Submit two copies of its audit reports to County no later than 30 days after

completion of the reports;

e. Procure audit services in accordance with 2 CFR Part, 215.40 (OMB Circular A-

110) procurement standards and provide maximum opportunity for small and

minority audit firms;

f. Include in Contract(s) with auditor(s) provisions that the auditor(s) will comply

with all applicable audit requirements;

g. Include in its Contract with independent auditors a clause permitting

representatives of County or the State to have access to the work papers of the

independent auditors;

h. Provide to County, the Bureau of State Audits, and their designated

representatives, the right to review and to copy all audit reports and any

supporting documentation pertaining to the performance of this Contract, and the

option to perform audits and/or additional work as needed;

i. Cooperate with and participate in any further audits which may be required by

County or the State;

j. Ensure that its audit addresses all issues contained in any federal OMB

Compliance Supplement that applies to its program;

k. Ensure that the audit is performed in accordance with Generally Accepted

Government Auditing Standards -2 CFR 200.514 and 45 CFR 75.514, is

l. performed by an independent auditor, and is organization-wide;

iii. Ensure that the audit is all-inclusive, i.e., it 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 in accordance with 2 CFR 200.515 and 45 CFR 75.515; If total

funds awarded under this Contract equal or exceed $10,000, Subrecipient shall be

subject to examination and audit, including interviews of its staff, by the County and


Attachment B

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State of California for a period of three (3) years after final payment under this

Contract.

H. Final financial statement. Within thirty (30) days after termination of this Contract,

Subrecipient shall submit to Administrator a final financial statement detailing all

program expenditures and all income received during the term of this Contract or include

such a final financial statement with Subrecipient’s final invoice and substantiating

reports.

47. Non-Discrimination and Compliance Provisions:

A. State laws.

i. Subrecipient shall, unless exempted, ensure compliance with the requirements of Cal.

Gov. Code §11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of

state financial assistance from discriminating against persons based on race, national

origin, ethnic group identification, religion, age, sex, sexual orientation, color, or

disability. [22 CCR § 98323]

ii. Subrecipient’s signature affixed hereon shall constitute a certification, under penalty

of perjury under the laws of the State of California, that Subrecipient has, unless

exempted, complied with the nondiscrimination program requirements of

Government Code Section 12900 (a-f) and Title 2, California Code of Regulations,

Section 8103.

iii. Subrecipient shall include the nondiscrimination and compliance provisions of this

Paragraph 47 “A” in all sub-contracts to perform work under this Contract.

B. Title VI of Civil Rights Act. Subrecipient hereby agrees that it will comply with Title VI

of the Civil Rights Act of 1964 [42 USC 2000d; 45 CFR 80](P.L. 88-352) and all

requirements imposed by or pursuant to the Regulation of the Department of Health and

Human Services (45 CFR Part 80) issued pursuant to that title, to the end that, in

accordance with Title VI of the Act and the Regulation, no person in the United States

shall, on the ground of race, color, or national origin, be excluded from participation in,

be denied the benefits of, or be otherwise subjected to discrimination under any program

or activity for which funds are made available under this Contract. Subrecipient hereby

gives assurance that it will immediately take any measures necessary to effectuate this

Contract.

C. Title VII of Civil Rights Act. Subrecipient shall comply with Title VII of the Civil Rights

Act of 1964 (42 U.S.C. 2000), as amended by the Equal Opportunity Act of March 24,

1972 (Public Law No. 92-261), and with all applicable rules, regulations and orders

promulgated pursuant thereto, as now in existence or as hereafter amended.

D. Disability discrimination. Subrecipient shall comply with Sections 503 and 504 of the

Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Americans with Disabilities

Act of 1990 (42 U.S.C. 12101 et seq.), and all requirements imposed by the applicable

regulations and guidelines issued pursuant to those statutes, including 45 CFR, Part 84.


Attachment B

Page 35 of 99

E. Failure to comply. If Subrecipient fails to comply with the requirements of any Sub-

Paragraphs of this Paragraph 47 Administrator may withhold payment to Subrecipient

and/or terminate this Contract in accordance with Paragraph K.

48. Drug Free Workplace: Subrecipient shall execute and abide by the Drug Free Workplace

Certification attached hereto as Exhibit 1 and incorporated herein by this reference.

49. D-U-N-S Number and Related Information: D-U-N-S Number is a unique, 9-digit identifier

issued and maintained by the Dun & Bradstreet (D&B) that verifies the existence of a business

entity. The D-U-N-S number is needed to coordinate with the System for Award Management

(SAM) that combines Federal procurement systems and the Catalog of Federal Domestic

Assistance into one new system. https://www.SAM.gov.

The D-U-N-S Number must be provided to County at the County’s request and prior to the

execution of this Contract. Subrecipient shall ensure all D-U-N-S information is up to date and

the D-U-N-S number status is “active,” with no active exclusions prior to execution of this

Contract. If County cannot access the Subrecipient’s D-U-N-S information related to this Federal

subaward on the Federal Funding Accountability and Transparency Act subaward Reporting

system (SAM.GOV) due to errors in the Subrecipient’s data entry for its D-U-N-S number, the

Subrecipient must immediately update the information as required.

Subrecipient shall register its organization/D-U-N-S Number at https://www.SAM.gov and

ensure all D-U-N-S information is up to date and the D-U-N-S number status is “active,” and in

good standings prior to execution of this Contract.

The County reserves the right to verify and validate any information prior to contract award and

during the entire term of the Contract.

50. Modification of Program Components and Service Levels: The Parties hereto agree that those

program components and service levels detailed in Attachments A, B, C, D, E and/or F may be

modified upon mutual written agreement of the Director and Subrecipient so long as the total

payments under this Contract are not increased and the basic goals and objectives of the program

are not altered. Should the Federal Government and/or the State of California modify any

program component and/or service level detailed in Attachments A, B, C, D, E and/or F then the

County shall have the right to unilaterally modify this Contract to meet such requirements.

A. County may at any time, by written change order to Subrecipient, make changes within

the general scope of this Contract, including, in the definition of services and tasks to be

performed, the manner in which services are performed, the time and place of

performance thereof and additional related provisions, and Contract term. Such change

orders may be made when necessitated by changes in the Orange County Office on Aging

operations or performance, the operations or performance of Subrecipient, or changes in

applicable statutes, regulations or State of California or Federal mandates or directives.

Subrecipient and County shall make a good faith effort to reach agreement with respect

to change orders, which affect the price of services under the Contract. Subrecipient’s

protest or failure to agree to the amount of any adjustment to be made as a result of a

change order shall be a dispute for which an appeal may be made pursuant to this


Attachment B

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Contract. Notwithstanding the foregoing, the price of services under this Contract shall

not be increased except by written modification of this Contract indicating the new

services and price of this Contract if applicable. Until the Parties reach agreement,

Subrecipient shall not be obligated to assume increased performance under the change

order beyond the limitation of funds established within this Contract.

B. Subrecipient may request changes in the scope of performance or services under this

Contract, by submitting a written request to Project Manager describing the request and

its impact on the Scope of Services and Budget Schedule. Project Manager will review

the request and respond in writing within ten (10) business days. Project Manager’s

decision whether to approve the request or request Board of Supervisors’ approval shall

be final. County’s Contract Administrator may approve a request that meets all of the

following criteria:

i. It does not materially change the terms of this Contract, and

ii. It is supported by adequate consideration to County.

Board of Supervisors’ action is necessary to approve a request from Subrecipient that

does not satisfy all of the criteria listed above.

51. Complaint Resolution Process and Grievance Procedures for Participants: Subrecipient

shall comply with grievance procedures, as defined by the program’s funding stream.

Subrecipient shall advise participants of their right to file complaints and of the procedures for

resolution of complaints. Subrecipient shall follow program’s procedures for handling

complaints which is available from the County’s Project Manager for alleging a violation of

regulations, grants or other agreements. Any decision of the County, the State or the Federal

government relating to the complaint shall be binding on Subrecipient.

Subrecipient shall post the entire Notice of the Grievance Procedure Process in a location that is

commonly visible for program participants on its website and at its service location(s).

52. Sectarian Activities: Subrecipient certifies that this Contract does not aid or advance any

religious sect, church or creed for a purpose that is sectarian in nature, nor does it help to support

or sustain any school, college, university, hospital or other institution controlled by any religious

creed, church, or sectarian denomination.

53. Policies and Procedures: Subrecipient shall monitor its program for compliance with the

provisions of this Contract. Subrecipient shall also comply with all applicable parts of County’s

Policies and Procedures when applicable.

54. Sweat-free Code of Conduct: All Subrecipients contracting for the procurement or laundering

of apparel, garments or corresponding accessories, or the procurement of equipment, materials,

or supplies, other than procurement related to a public works contract, declare under penalty of

perjury that no apparel, garments or corresponding accessories, equipment, or supplies have been

furnished to the Subrecipient from sources that include sweatshop labor, forced labor, convict

labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of

children in sweatshop labor. The Subrecipient further declares under penalty of perjury that they

adhere to the Sweat-free Code of Conduct as set forth on the California Department of Industrial

Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.


Attachment B

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The Subrecipient agrees to cooperate fully in providing reasonable access to the Subrecipient’s

records, documents, agents or employees, or premises if reasonably required by authorized

officials of the State or County, the Department of Industrial Relations, or the Department of

Justice to determine the Subrecipient’s compliance with the requirements under this paragraph.

55. S.W.A.G: The Subrecipient and its Subcontractor/Vendors shall comply with Governor’s

Executive Order 2-18-2011, which bans expenditures on promotional and marketing items

colloquially known as “S.W.A.G.” or “Stuff We All Get.”

56. Corporate Status: All corporate Subrecipients shall be registered with the California Secretary

of State and shall be in good standing, without suspension by the California Secretary of State,

Franchise Tax Board, or Internal Revenue service. The corporate Subrecipient shall maintain the

good status standing with the Secretary of State of California throughout the term of this Contract.

Any change in corporate status or suspension shall be reported by Subrecipient immediately in

writing to County’s Project Manager. If Subrecipient fails to maintain good standing or has failed

to be in good standing at the time of the effective date of this Contract, County, in addition to all

remedies available under the law and this Contract, pursuant to Termination provision of this

Contract, terminate this Contract for cause.

Subrecipient, by signing this Contract, does swear under penalty of perjury that no more than one

(1) final unappealable finding of contempt of court by a federal court has been issued against

Subrecipient within the immediately preceding two-year period because of Subrecipient’s failure

to comply with an order of a federal court which orders the Subrecipient to comply with an order

of the National Labor Relations Board.

57. Compliance with Other Laws:

A. Laws related to Contract. Subrecipient and its subcontractors shall administer the

program(s) funded by this Contract in accordance with this Contract, and with all

applicable local, State and federal laws, regulations, directives, guidelines and/or

manuals.

B. Laws applicable to Subrecipient’s operations. Subrecipient and its subcontractors shall

comply with all federal, State and local laws and regulations pertinent to their operations,

including, but not limited to all statutes, ordinances, regulations, directives, guidelines

and/or manuals pertaining to wages and hours of employment, occupational safety, fire

safety, health and sanitation.

C. Federal environmental laws. If the amount of compensation Subrecipient shall receive

under this Contract exceeds $100,000, Subrecipient and its subcontractors shall comply

with all applicable orders or requirements issued under the following laws:

i. Clean Air Act as amended (42 U.S.C. 7401)

ii. Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.)

iii. Environmental Protection Agency Regulations (40 CFR 29, Executive Order 11738).

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

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


Attachment B

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D. State Energy Plan. Subrecipient shall comply with all mandatory standards and policies

relating to energy efficiency which are contained in the State Energy Plan issued in

compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stats. 871).

E. Withholding. Subrecipient shall promptly forward payroll taxes, insurances and

contributions, including State Disability Insurance, Unemployment Insurance, Old Age

Survivors Disability Insurance, and federal and State income taxes withheld, to

designated governmental agencies as required by law.

F. Elder abuse reporting. Subrecipient shall comply with all applicable requirements

pertaining to the reporting of elder and dependent adult abuse, including Welfare and

Institutions Code Section 15600 et. seq. Before permitting any of its employees, agents,

officers, Subrecipients, subcontractors or volunteers to provide services supported by this

Contract, Subrecipient shall deliver to them, and obtain their signatures on, the forms

described in Welfare and Institutions Code Section 15659, describing the responsibility

to report elder and dependent adult abuse. Subrecipient shall retain the originals of all

such signed forms.

G. Debarment.

i. Subrecipient shall not make any award or permit any award at any time to any party

which is debarred or suspended or is otherwise excluded from or ineligible for

participation in federal/State assistance programs.

ii. Subrecipient shall timely execute any and all amendments to this Contract or

certificates or other required documentation relating to its subcontractors’

debarment/suspension status.

H. State and local environmental and land use laws.

i. Subrecipient shall comply with the California Environmental Quality Act (CEQA)

and Section 65402 of the Government Code, as may be required by the land use

agency of jurisdiction. Subrecipient further agrees to provide Administrator proof that

Subrecipient has complied with, and maintains compliance with, all zoning

regulations and that Subrecipient has obtained, and is maintaining in full force and

effect, all necessary licenses, permits, certifications, and authorizations to operate

said programs at each location, or as may otherwise be approved by Administrator.

ii. By signing this Contract, Subrecipient swears under penalty of perjury that

Subrecipient is not:

a. in violation of any order or resolution not subject to review promulgated by the

State Air Resources Board or an air pollution control district;

b. subject to cease and desist order not subject to review issued pursuant to Section

13301 of the Water Code for violation of waste discharge requirements or

discharge prohibitions; or

c. finally determined to be in violation of provisions of federal law relating to air or

water pollution.

I. Failure to comply. If Subrecipient fails to comply with the requirements of any Sections

of this Paragraph 57, Administrator may withhold payment to Subrecipient and/or

terminate this Contract in accordance with Paragraph K.


Attachment B

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58. Focal Points: In accordance with 22 CCR § 7364(a)(5) County will specify to Subrecipient the

identity of the Area Plan designated focal points for service delivery in the community which is

attached hereto as Exhibit 6 and is hereinafter referred to as Exhibit 6.

59. Covenant Against Contingent Fees:

1. The Subrecipient warrants that no person or selling agency has been employed or retained to

solicit this Contract. There has been no agreement to make commission payments in order to

obtain this Contract.

2. For breach or violation of this warranty, the County shall have the right to terminate this

Contract without liability or at its discretion to deduct from the Contract price or

consideration, or otherwise recover, the full amount of such commission, percentage,

brokerage, or contingency fee.



Attachment B

Page 40 of 99

Signature Page

IN WITNESS WHEREOF, the Parties hereto certify that they have read and understand all the terms

and conditions contained herein and have hereby caused this Contract to be executed.

*AGE WELL SENIOR SERVICES, INC.

By: By:

Name: Name:

Title: Title:

Dated: Dated:

*For Subrecipients that are corporations, signature requirements are as follows: 1) One signature by the

Chairman of the Board, the President or any Vice President; and 2) One signature by the secretary, any

Assistant secretary, the Chief Financial Officer or an Assistant Treasurer.

For Subrecipients that are not corporations, the person who has authority to bind the Subrecipient to a

contract, must sign on one of the lines above.

************************************************************

COUNTY OF ORANGE

A Political Subdivision of the State of California

By: Dated:

Dylan Wright, Director

OC Community Resources

APPROVED AS TO FORM

OFFICE OF THE COUNTY COUNSEL

By: Dated:

DEPUTY COUNTY COUNSEL


3/2/2022

R.J. Chicoine

Secretary

3/2/2022

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SCOPE OF SERVICES

I. GENERAL REQUIREMENTS

A. Hours of Operation and Schedules

1. Regular Hours of Operation:

Contracted service hours of operation shall be from 8:00 a.m. to 5:00 p.m.; Monday

through Friday, excluding County observed holidays.

Hours of Operation

Monday - Friday 8:00 a.m. – 5:00 p.m.

Saturday and Sunday closed

2. Holiday Operation Schedules:

Subrecipient must ensure that service delivery of program(s) is available

throughout the holiday seasons. Closures are authorized only on County observed

holidays. County holidays that fall on a Saturday will be observed on the preceding

Friday.

County Observed Holidays

Independence Day Christmas Day

Labor Day New Year’s Day

Columbus Day Martin Luther King Jr. Day

Veteran’s Day Observed Lincoln’s Day

Thanksgiving Day President’s Day

Day after Thanksgiving Memorial Day

B. Funding Requirements

If Subrecipient receives funds pursuant to this Contract for more than one program, the

funds received by Subrecipient for each program shall be expended only for that

program, and Subrecipient shall not expend more funds for any program than are set

forth in the Attachment C, Budget Schedule(s) for that program.

Subrecipient shall operate continuously throughout the term of this Contract with at

least the minimum number and type of staff and volunteers required for provision of

the services described. Such staff and volunteers shall be qualified in accordance with

all applicable statutes and regulations. Subrecipient agrees to submit to Administrator,

upon request, a list of persons, including employees, subcontractors and volunteers,

who are to provide such services, and any changes to said list, by name, title,

professional degree, and experience.


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Additional Services. Subrecipient also shall provide the following services to Older

Individuals to whom it provides the services described herein in Attachment A with the

consent of the Older Individual, or his or her representative, Subrecipient shall bring to

the attention of appropriate officials for follow-up, conditions or circumstances which

place the Older Individual, or the household of the Older Individual, in imminent

danger. Nothing in this paragraph shall be construed to limit Subrecipient’s

responsibilities for elder abuse reporting as set forth in this Contract.

Coordination of services. Subrecipient shall assure that all services funded under this

Contract are coordinated with other appropriate services in the community and that

services funded under this Contract do not constitute unnecessary duplications of

services provided by other sources.

Coordination of resources. Subrecipient shall work collaboratively with County,

particularly the Information and Assistance Program (I&A), to ensure that clients who

may need any services available through Older Americans Act or Older Californians

Act Programs are referred to I&A for assistance in accessing these services.

C. Subrecipient’s Records

1. Subrecipient shall keep true and accurate accounts, financial and statistical records,

books and data, which shall correctly reflect the business transacted by Subrecipient

in accordance with generally accepted accounting principles. These records shall

be stored in Orange County for a period of three (3) years after final payment is

received from the County or until an audit has occurred and an audit resolution has

been reached. Storage of records in another County will require written approval

from the County. Subrecipient shall reimburse County for all costs and expenses

incurred by County and/or the State and U. S. government resulting from travel to

a location outside of the County to inspect the records.

2. Records Retention. All accounting records and evidence pertaining to all costs of

Subrecipient and all documents related to this Contract shall be kept available at

Subrecipient’s office or place of business for the duration of this Contract and

thereafter for three (3) years after completion of an audit. Records which relate to:

(1) complaints, claims, administrative proceedings or litigation arising out of the

performance of this Contract; or (2) costs and expenses of this Contract to which

County or any other governmental department takes exception, shall be retained

beyond the three (3) years until final resolution or disposition of such appeals,

litigation, claims, or exceptions.

3. Liability. Subrecipient shall pay to County the full amount of County’s liability to

the State or Federal government or any department thereof resulting from any

disallowance or other audit exceptions to the extent that such liability is attributable

to Subrecipient’s failure to perform under this Contract.


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D. Information Integrity and Security

1. Information Assets. Subrecipient shall have in place operational policies,

procedures, and practices to protect State information assets including those assets

used to store or access Personal Health Information (PHI), Personal Information

(PI), and any information protected under the Health Insurance Portability and

Accountability Act (HIPAA) (i.e., public, confidential, sensitive and/or personal

information) herein referred to as Personal, Sensitive and Confidential Information

(PSCI) as specified in the State Administrative Manual, Section 5300 to 5365.3;

Cal. Gov. Code § 11019.9; DGS Management Memo 06-12; DOF Budget Letter

06-34; and CDA Program Memorandum 07-18 Protection of Information Assets.

Information assets include (but are not limited to):

a) Information collected and/or accessed in the administration of the State

programs and services.

b) Information stored in any media form, paper or electronic.

2. Encryption on Portable Computing Devices. Subrecipient is required to use 128-

Bit encryption for PSCI data that is collected under this Contract and stored on

portable computing devices (including, but not limited to, laptops, personal digital

assistants, notebook computers, and backup media) and/or portable electronic

storage media (including, but not limited to, discs, thumb/flash drives, portable hard

drives, and backup media).

3. Disclosure.

a) Subrecipient shall ensure that all PSCI is protected from inappropriate or

unauthorized access or disclosure in accordance with applicable laws,

regulations and State policies. The requirement to protect information shall

remain in force until superseded by laws, regulations, or policies.

b) Subrecipient shall protect from unauthorized disclosure, PSCI such as names

and other identifying information, concerning persons receiving services

pursuant to this Contract, except for statistical information not identifying any

participant.

c) “Personal Identifying information” shall include, but not be limited to: name;

identifying number; social security number; state driver’s license or state

identification number; financial account numbers; and symbol or other

identifying characteristic assigned to the individual, such as finger or voiceprint

or a photograph.

d) Subrecipient shall not use the PSCI in Section “iii” above for any purpose other

than carrying out Subrecipient’s obligations under this Contract. Subrecipient

and its subcontractors are authorized to disclose and access identifying

information for this purpose as required by County.


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e) Subrecipient shall not, except as otherwise specifically authorized or required

by this Contract or court order, disclose any PSCI obtained under the terms of

this Contract to anyone other than County or CDA without prior written

authorization from County or CDA. Subrecipient may be authorized, in writing,

by a participant to disclose identifying information specific to the authorizing

participant.

f) Subrecipient may allow a participant to authorize the release of PSCI to specific

entities but shall not request or encourage any participant to give a blanket

authorization or sign a blank release, nor shall the Subrecipient accept such

blanket authorization from any participant.

4. CDA Privacy and Information Security Awareness Training. Subrecipient

employees and volunteers handling PSCI must complete and comply with all

requirements of the CDA Privacy and Information Security Awareness Training

module located at https://aging.ca.gov/Information_security within thirty (30) days

of the start date of the Contract/Agreement, within thirty (30) days of the start date

of any new employee or volunteer’s employment and annually thereafter.

Subrecipient must maintain certificates of completion on file and provide them to

CDA upon request.

5. Health Insurance Portability and Accountability Act (HIPAA) and Personal,

Sensitive and Confidential Information (PSCI). Subrecipient agrees to comply with

the privacy and security requirements of HIPAA, (i.e., public, confidential,

sensitive and/or personal identifying information) herein referred to as Personal,

Sensitive and Confidential Information (PSCI).

6. Security Incident Reporting. A security incident occurs when CDA information

assets are or reasonably believed to have been accessed, modified, destroyed, or

disclosed without proper authorization, or are lost, or stolen. Subrecipient must

comply with CDA’s security incident reporting procedures located at

https://www.aging.ca.gov/ProgramsProviders/#Resources.

7. Security Breach Notifications. Notice must be given by the Subrecipient to anyone

whose PSCI could have been breached in accordance with HIPAA, the Information

Practices Act of 1977, and State policy.

8. Software Maintenance. Subrecipient 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.

9. Electronic Backups. Subrecipient shall ensure that all electronic information is

protected by performing regular backups of automated files and databases and

ensure the availability of information assets for continued business. Subrecipient

shall ensure that all data, files, and backup files are encrypted.


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E. Access

Subrecipient shall provide access to the federal or State 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 Subrecipient or subcontractor which are directly pertinent to this specific

Agreement for the purpose of making an audit, examination, excerpts, and

transcriptions.

F. Evaluation and Monitoring

1. Site inspection. Authorized County, State and federal representatives shall have the

right to inspect work, program and service sites of Subrecipient during the term of

this Contract at any time during normal business hours.

2. Evaluating, monitoring and assessing Subrecipient’s performance. Authorized

County, State and/or federal representatives shall have the right to monitor, assess

and evaluate Subrecipient’s performance pursuant to this Contract. Said

monitoring, assessment and evaluation may include, but is not limited to, audits,

inspections of project premises, visits to participant worksites, and interviews of

project staff and participants.

3. Subrecipient cooperation. Subrecipient shall actively participate and cooperate with

County, State and/or federal representatives in the monitoring, assessment and

evaluation processes, including making any program and any administrative staff

(fiscal, etc.) available at the request of such representatives.

4. Failure to comply. Failure by Subrecipient to meet the conditions necessary for an

evaluation will be sufficient grounds for County to withhold and/or delay

reimbursement or to terminate this Contract.

G. Procurement

1. Competitive process. Subrecipient acknowledges that the procurement of all

supplies, services and equipment pursuant to, and utilizing funds provided by, this

Contract involves the expenditure of public funds and that the use of a competitive

process open to all interested competitors is necessary to maintain the public trust

and to allow all interested persons to compete for business resulting from

expenditure of said public funds.

2. Non-profit Subrecipient. If Subrecipient is a non-profit organization, Subrecipient

shall comply with standards and guidelines provided in 45 C.F.R., Part 74, in


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procuring all supplies, equipment, construction and services pursuant to, and/or

utilizing funds provided by, this Contract.

3. Local government Subrecipient. If Subrecipient is a local government, Subrecipient

shall comply with the directives applicable to procurement by subgrantees set forth

in 45 C.F.R. Part 92.36 in procuring all supplies, services and equipment pursuant

to, and/or utilizing funds provided by, this Contract.

4. Deviation. Should Subrecipient wish to deviate from the requirements of this

Paragraph F or wish to issue a sub-contract to other than the lowest bidder or

competitor, Subrecipient shall submit written justification therefore to

Administrator for approval or denial and shall withhold any further action until

receipt of written notice of Administrator’s approval of said request. The decision

of Administrator shall be final.

H. Property

1. Unless otherwise provided for in this Paragraph G, property refers to all assets used

in operation of this Contract.

a) Property includes land, buildings, improvements, machinery, vehicles,

furniture, tools, intangibles, etc.

b) Property does not include consumable office supplies such as paper, pencils,

toner cartridges, file folders, etc.

2. Property acquired under this contract, which meets any of the following criteria is

subject to the reporting requirements:

a) Has a normal useful life of at least one (1) year and has a unit acquisition cost

of at least $500 (desktop or laptop setup, is considered a unit, if purchased as a

unit), for all equipment purchased prior to July 1, 2020.

b) Has a normal useful life of at least one (1) year and has a unit acquisition cost

of at least $5,000 for all equipment purchased after June 30, 2020 (desktop or

laptop setup, is considered a unit, if purchased as a unit).

c) All computing devices, regardless of cost (including but not limited to,

workstations, servers, laptops, personal digital assistants, notebook, computers,

tablets, smartphones and cellphones).

d) All portable electronic storage media, regardless of cost (including but not

limited to, thumb/flash drives and portable hard drives).

3. Additions, improvements, and betterments to assets meeting all of the conditions in

Section B, above, must also be reported. Additions typically involve physical

extensions of existing units. Improvements and betterments typically do not

increase the physical size of the asset. Instead, improvements and betterments

enhance the condition of an asset (e.g., extend life, increase service capacity, and

lower operating costs). Examples of assets that might be improved and bettered


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include roads, bridges, curbs and gutters, tunnels, parking lots, streets and

sidewalks, drainage, and lighting systems.

4. Intangibles are property, which lack physical substance but give valuable rights to

the owner. Examples of intangible property include patents, copyrights, leases, and

computer software. By contrast, hardware consists of tangible equipment (e.g.,

computer printer, terminal, etc.). Costs include all amounts incurred to acquire and

to ready the intangible asset 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. Subrecipient shall keep track of property purchased with funds from this Contract

and submit to County a Property Acquisition Form (CDA 9023), in electronic form,

for all property furnished or purchased with funds awarded under the terms of this

Contract, as instructed by County or CDA. Subrecipient shall certify their reported

property inventory annually with the Closeout by completing the Program

Inventory Certification (CDA 9024) to County unless otherwise directed by

Administrator.

6. Subrecipient shall record, at a minimum, the following information when property

is acquired:

a) Date acquired

b) Item description (include model number)

c) CDA tag number

d) Serial number (if applicable)

e) Purchase cost or other basis of valuation

f) Fund source

7. Disposal of Property:

a) Prior to disposal of any property purchased with funds from this Contract or

any predecessor Contract, Subrecipient must obtain approval from CDA for

reportable property. Disposition, which includes sale, trade-in, discarding, or

transfer to another agency may not occur until approval is received from CDA.

Subrecipient shall email to County the electronic version of the Request to

Dispose of Property (CDA 248). CDA will then instruct County on disposition

of the property, and County will notify Subrecipient. Once approval for disposal

has been received from CDA, and the County has reported to CDA the Property

Survey Report’s (STD 152) Certification of Disposition, the item(s) shall be

removed from Subrecipient’s inventory report.

b) Subrecipient must remove all confidential, sensitive, or personal information

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, cell or smart phones, multi-function printers, and laptops.


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8. Any loss, damage, or theft of equipment shall be investigated, fully documented

and the Subrecipient shall promptly notify OoA.

9. The State reserves title to all State-purchased or financed property not fully

consumed in the performance of this Contract, unless otherwise required by federal

law or regulations or as otherwise agreed by the Parties.

10. Subrecipient 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, or until Subrecipient has complied with all written instructions from

County regarding the final disposition of the property.

11. In the event of Subrecipient’s dissolution or upon termination of this Contract,

Subrecipient shall provide a final property inventory to County. The State reserves

the right to require Subrecipient to transfer such property to another entity or to the

State.

12. To exercise the above right, no later than 120 days after termination of this Contract

or notification of Subrecipient’s dissolution, County will issue specific written

disposition instructions to Subrecipient.

13. Subrecipient shall use the property for the purpose for which it was intended under

the Contract. When no longer needed for that use, Subrecipient shall use it, if

needed, and with written approval of County for other purposes in this order:

a) Another CDA program providing the same or similar service

b) Another CDA-funded program

14. Subrecipient may share use of the property and equipment or allow use by other

programs, upon written approval from County. As a condition of the approval,

County may require reimbursement under this Contract for its use.

15. Subrecipient shall not use equipment or supplies acquired under this Contract with

federal and/or State monies for personal gain or to usurp the competitive advantage

of a privately-owned business entity.

16. If purchase of equipment is a reimbursable item, the equipment to be purchased

will be specified in the budget.

I. Expenditure of Funds

1. Subrecipient shall expend all funds received hereunder in accordance with the

Contract.


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2. Any reimbursement for authorized travel and per diem shall be at rates not to

exceed those amounts paid by the State in accordance with the 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) Out of State: http://hrmanual.calhr.ca.gov/Home/ManualItem/1/2201

This is not to be construed as limiting Subrecipient from paying any differences in

costs, from funds other than those provided by this Contract, between CalHR rates and

any rates Subrecipient 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 CDA. [SCM 3.17.2.A(4)]

II. General Program Requirements

Subrecipient shall provide the services described in this Scope of Services to respond

to the COVID-19 emergency and its negative economic impacts and provide the Older

American Act activities described herein. Subrecipient shall adhere, but not be

limited to, the following requirements for all programs:

A. Program

1. Provide and maintain a written personnel manual or handbook that contains policies

and procedures consistent with the requirements of the funding source and

government laws and regulations.

2. Provide information on available services and resources for elderly clients and/or

family caregivers.

3. Assure that all services funded under this Contract are coordinated with other

programs and services in the community. The services funded under this Contract

should not constitute duplication of services provided by other sources.

4. Work collaboratively with County, particularly the Information and Assistance

Program (I&A), to ensure that clients in need of services as provided via the Older

Americans Act or Older Californians Act programs are given referrals and

assistance with accessing these services.

5. Maintain participant records to prevent data breaching and unauthorized client

information disclosure. Ensure all participant records are kept and stored in a

confidential manner.

6. Provide bilingual program material and services to the community.


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7. Identify and serve the targeted population and outreach to the low-income, at-risk

minority population.

8. Provide each older person with an opportunity to voluntarily contribute to the cost

of service in a non-coercive manner.

9. Provide a current copy of the Voluntary Contribution Letter as approved by the

County. The approved Voluntary Contribution letter should not resemble an

invoice.

10. Have written procedures to account for all contributions received and to ensure the

protection of participant confidentiality and privacy.

11. Develop applicable program and intake forms that meet CDA requirements and

County approval process.

12. Provide written policies and methods of implementation regarding income structure

for all programs.

13. Conduct a participant satisfaction survey annually. County will provide survey

templates with non-negotiable questions along with a survey results workbook.

Additional questions to the survey must be approved prior to its use. The provider

must keep the completed surveys and the tabulated results on file. Submit a copy

of the completed Participant Satisfaction Survey Results Workbook to

[email protected], along with a summary detailing a plan of action

addressing relevant concerns of participants in order to improve program services

to County by May 31st of the fiscal year in which it is conducted.

14. Provide the County with a current and active DUNS Number prior to Contract

execution.

B. Elder Abuse

1. Notify appropriate officials when cases of imminent danger including, but not

limited to harm, abuse and/or neglect toward older adults and dependent adults are

observed or reported.

2. Provide follow-up with the proper authorities for Elder Abuse reporting in order to

ensure that all required paperwork and report details have been documented and

submitted in a timely manner.

C. Staffing and Organization

1. Provide written job descriptions for each staff position. Each job description shall

include position title, qualifications to hold the position, duties and responsibilities,


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lines of communication for supervision and reporting, salary range, and available

benefits options.

2. Provide the latest version of each program’s organizational chart.

3. Train and update internal staff on current policies and procedures regarding

program operation, including procedures for operating all aspects of Older

Americans Act programs.

4. Provide written policy governing the use of volunteers, including a concise

definition of volunteer responsibilities, recruitment, training and supervision.

5. Maintain time sheets for employees and volunteers.

6. Provide current copies of governing by-laws that contain Board member

information, advisory members, committees and meeting schedules as required by

the County.

7. Provide a current Board Agenda and Minutes as requested by the County.

8. Ensure that all staff complete CDA’s mandatory Privacy and Information Security

Awareness Training module located on the CDA website within thirty (30) days of

the beginning of their contract with the County. All new provider staff and

volunteers are required to complete this training within thirty (30) days of their start

date.

9. Maintain certificates on file and provide County with copies of the Privacy and

Information Security Awareness Training certificates for all staff who are required

to complete the training.

10. Provide a grievance process and policy for older adult and caregiver clients,

employees and volunteers.

D. Data Reporting

1. Maintain and adhere to data system software and encrypted portable computer

device updates, and interface capability requirements for each computer located

within the facility, and as specified in the Contract and required by County.

E. Property/Equipment

1. Provide the County with an inventory list of property purchased with County funds.

2. Comply with all property requirements as specified in the contract and required by

County.


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3. Develop and maintain policies and procedures for tracking property purchased with

program funds.

F. Insurance

1. Provide proof of Insurance coverage based on insurance requirements as indicated

and required in the Contract and by County within a timely manner.

G. Emergency Preparedness Practices and Facility Requirements

1. Provide written emergency operation plans on-site

2. Provide the County with a copy of an Emergency Operations Plan.

3. Conduct two (2) fire drills per year and provide copies of the fire drill roster to the

County.

4. Ensure that all furniture, appliances and other freestanding objects are secured in

the event of an emergency.

5. Provide clearly marked, legible gas and water shut-off valves along with

instructions/tools on how to operate the shut-off in cases of emergency.

6. Post an evacuation plan in a highly visible location within the facility.

7. Provide sufficient supplies of food and water for each program participant in cases

of emergency.

8. Ensure the health and safety of program participants by monitoring the expiration

dates of food and water supplies and replacing when applicable to do so.

9. Ensure that staff are regularly trained and assigned specific responsibilities during

emergencies.

10. Keep the most up-to-date inventory on disaster response supplies and equipment.

11. Provide written evidence of annual staff and volunteer emergency procedures

training on the provider’s Emergency Operations Plan.

12. Provide flashlights, portable radio and batteries for the facility in cases of

emergency.

13. Provide and maintain first aid supplies for the facility in cases of emergency.


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14. Provide and maintain current inspection tags on all fire extinguishers throughout

the facility.

15. Provide current health inspection reports to the County.

16. Ensure that facility exit doors are clearly marked and functional.

17. Ensure that facility walkway paths are free from clutter and obstruction.

18. Ensure that elevator permits are current within each facility, as applicable.

19. Comply with all privacy and security requirements of the Health Insurance

Portability and Accountability Act (HIPAA).

H. Monitoring of Subcontractors

1. Maintain subcontract agreements on file as applicable.

2. Conduct annual comprehensive monitoring of all subcontractors to ensure CDA

compliance. Subcontractors shall be monitored within six (6) months of effective

date of agreement.

3. Resolve any issues regarding performance with subcontractor within thirty (30)

days from completed date of monitoring.

4. Provide the County a copy of the completed monitoring and any applicable

resolutions to performance.


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III. ELDERLY NUTRITION PROGRAM MEASURABLE OBJECTIVES &

REQUIREMENTS

This Scope of Services contains the measurable objectives mandated by the California

Department of Aging (CDA) and the Office on Aging (OoA) for providers of the Title III

C Elderly Nutrition Program (ENP). The Scope of Services is based on the requirements

for the ENP as stated in California Code of Regulations, Title 22, Division 1.8, Chapter 4,

Article 5, Sections 7630 through 7638.

A. Reference Documents

The following regulations applicable to the operation of the Elderly Nutrition Program

are available through the California Department of Aging website, www.aging.ca.gov,

under Laws/Regulations/Policies.

California Code of Regulations

California Retail Food Code

California Retail Food Code: Grandfather Clause for Pre-existing, Non-

conforming Structures & Equipment

Older Americans Act, as Amended 2006

Code of Federal Regulations

United States Code (USC) Title 42, Chapter 35 – Programs for Older Americans

California Welfare and Institutions Code

HACCP (Hazard Analysis and Critical Control Point Principles and Application)

Guidelines are available through the US Food and Drug Administration website,

www.fda.gov/Food/FoodSafety

B. Definitions

The following definitions apply to the Elderly Nutrition Program:

1. CRFC means California Retail Food Code; also, commonly referred to as Cal-

Code, which replaced CURFFL (California Uniform Retail Food Facilities Law)

on July 1, 2007. CRFC is the uniform statewide health and sanitation standard for

food facilities, found in Section 113700 et seq. of the California Health and Safety

Code.

2. HACCP means Hazard Analysis Critical Control Point. A HACCP Plan is a written

document that delineates formal procedures for following the HACCP principles

that were developed by the National Advisory Committee on Microbiological

Criteria for Foods and complies with the requirements of Section 114055, Health

and Safety Code.

3. Meal Goal means the number of meals the Subrecipient will provide to eligible

clients. These meals may be provided through the Title III C-1 Congregate Meal

program or the Title III C-2 Home Delivered Meal program.


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4. Nutrition Screening means completion of a nutrition screening checklist by

eligible individuals to determine if they are at nutrition risk. A nutrition screening

checklist is a federal public information collection requirement in the National

Aging Program Information System (NAPIS).

5. Nutrition Services Incentive Program (NSIP) means the additional funding for

nutrition services awarded to states based on the number of meals served in the

prior year and available appropriation. NSIP funds shall be used to purchase food

used in the ENP. NSIP funds shall not be used to meet cost sharing or as matching

funds for any other federal program.

6. Registered Dietitian means a person who shall be both:

a) Qualified as specified in Sections 2585 and 2586, Business and Professions

Code; and

b) Registered by the Commission on Dietetic Registration.

7. Unduplicated Client Goal means the number of new eligible clients the

Subrecipient will provide nutrition services to via the Title III C-1 or the Title III

C-2 program.

8. Wait List means a list of potential Title III C-2 clients, established and maintained

by the Subrecipient, after the Subrecipient has reached its capacity.

C. Program Description

1. Purpose – The purpose of the ENP is to provide nutrition services as described in

the Older Americans Act (OAA) of 1965, as amended, and to assist older adults in

California to live independently, by promoting better health through improved

nutrition, and reduced isolation through programs coordinated with nutrition-

related supportive services.

2. Definition – Nutrition Services means the procurement, preparation, transport, and

service of meals, nutrition education, nutrition screening, and nutrition counseling,

to eligible individuals at congregate sites.

3. Goals – to maintain or improve the physical, psychological, and social well-being

of older adults, by providing or securing appropriate nutrition services.

4. Objectives:

a) Give preference to older adults in greatest economic or social need with

particular attention to low-income minority individuals;

b) Serve meals that provide one-third (1/3) of the Dietary Reference Intakes

(DRIs), are safe, of good quality, and at the lowest reasonable cost;

c) Promote and maintain high food safety and sanitation standards;


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d) Promote good health behaviors through nutrition education and nutrition

screening of participants;

e) Promote or maintain coordination with other nutrition-related supportive

services for older adults;

f) Maintain or increase the number of meals served consistent with funding levels

and inflation;

g) Promote increased cost effectiveness through improved program and food

service management; and,

h) Enable older adults to remain independent and at home for as long as possible,

avoiding premature institutionalization.

D. General Requirements of the Elderly Nutrition Program

Each Elderly Nutrition Program shall:

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

2. Serve meals at least five (5) days per week throughout the service area, but not

necessarily five (5) days per week at each site.

3. Operate at a lesser frequency in a service area where such frequency is not feasible,

and a lesser frequency is approved by the County.

4. Establish procedures 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.

5. Comply with the CRFC and the local health department regarding safe and sanitary

preparation and service of meals.

6. Comply with the Division of Occupational Safety and Health (Cal/OSHA),

California Department of Industrial Relations requirements regarding staff and

participant safety.

7. Comply with all applicable requirements of Program Memoranda issued by the

California Department of Aging. Program Memoranda are located on the CDA

website at http://www.aging.ca.gov/PM/PM_index.asp

8. At a minimum, quarterly monitor for safe food handling and sanitation practices of

food facilities.

9. Conduct a nutrition screening of congregate and home delivered meal participants

in accordance with federal requirements found in Section 339 of the OAA (42

U.S.C. 3030g-21).


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10. 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).

11. 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.

12. Have a written grievance process that is consistent with the grievance process of

the County, for reviewing and attempting to resolve complaints by ENP participants

against the service provider. Home-delivered meals clients will be advised of the

process either orally or in writing upon the provider’s contact with the client.

Notification of the process shall be posted in visible and accessible areas, such as

the bulletin boards of congregate nutrition sites.

13. Subrecipient shall ensure all data is collected for the unmet need, as requested by

CDA and/or County. Subrecipient must develop and implement a Wait List policy

and procedure. The policy and procedure must include provisions for:

Pre-screening individuals to determine eligibility;

Managing applicants’ placement on and removal from Wait List;

Periodically reviewing the eligibility and identified needs of applicants on

the Wait List; and

Assigning priority for enrollment based on Wait List

E. Staffing

The following staff is required for the Elderly Nutrition Program: Manager, Paid Staff

and Volunteers, and a Registered Dietitian.

1. Manager or Director:

a) The ENP provider shall have a manager on staff who shall conduct the day-to-

day management and administrative functions of the ENP, and must either:

i. 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,

ii. 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,

iii. Two years’ experience managing food services. Such experience shall be

verified and approved by a registered dietitian prior to hire.


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b) The ENP provider shall maintain documentation on file of the qualifications of

the program manager.

2. Paid Staff/Volunteers:

a) There shall be sufficient qualified paid staff or volunteer staff with the

appropriate education and experience to carry out the requirements of the ENP.

The total number of staff should be based on the method and level of services

provided and size of the service area.

b) Providers are encouraged to hire multi-lingual/multi-cultural staff to increase

low-income and ethnic minority program participation in accordance with

federal mandates.

c) Providers shall recruit for vacant positions in an open and competitive

application process free of discriminatory questions. Written job descriptions

for all paid and volunteer staff shall be maintained.

d) Preference shall be given to hiring older individuals, subject to the

qualifications of the position.

e) Providers shall complete a written work performance evaluation on all paid and

volunteer staff annually.

f) At least one staff person per congregate site must possess ServSafe certification.

At least one staff person per HDM site must possess at minimum a food handler

card.

g) Volunteers shall be recruited and used in any phase of the programs’ operations

where qualified.

h) Volunteers shall receive the same training as paid staff.

i) Providers shall maintain a written volunteer policy that describes how

volunteers are recruited and screened, what topics they are taught at orientation,

and how often their performance is evaluated.

3. Registered Dietitian:

a) Each ENP provider shall establish and administer nutrition services with the

advice of a registered dietitian, who will perform the following activities to

meet the mandated requirements:

i. At a minimum, quarterly monitor for safe food handling and sanitation

practices of all food production facilities, home-delivered meal programs,

and congregate meal sites. Annual monitoring will be done of one route per

home-delivered meal program. The Nutrition Site Monitoring Report will

be used for the quarterly monitoring. The forms will be supplied by County.

ii. Review and approve the content of staff training prior to presentation, to

ensure required topics are included annually.

iii. Develop, or review and approve the cycle menus, certifying that all meals

comply with nutrition requirements specified in Title 22, Division 1.8,

Section 7638.5.

iv. Provide input, review, and approve the Nutrition Education Plan prior to

presentation.


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v. Provide technical support and assistance as needed.

F. Staff Training Activities

1. A yearly written staff training plan shall be developed, implemented, and

maintained on file by the ENP provider, as required in Title 22, Division 1.8,

Section 7636.7(c).

2. The provider’s registered dietitian shall review and approve the content of the staff

training plan prior to submittal to the County.

3. The staff training plan must identify who is to be trained, who will conduct the

training, content of the training, and when it is scheduled.

4. Persons who provide food safety training must have a current food safety

certificate. (CRFC 113949.2)

5. A copy of the staff training plan that has been approved by the provider’s registered

dietitian must be submitted to County by July 15 of the fiscal year in which it is

being provided. The County registered dietitian will review and approve the staff

training plan and return it to the provider. The County-approved staff training plan

must be kept on file.

6. A minimum of four (4) hours of staff training shall be provided annually for paid

and volunteer food service staff, including home-delivered meal and congregate

meal staff.

7. Training sessions shall be evaluated by those receiving the training.

8. ENP providers shall maintain documentation of each training session on file.

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

completed evaluations.

9. All staff, paid and volunteer, shall be oriented and trained to perform their assigned

responsibilities and tasks. Training, at a minimum, shall include:

a) Food safety, prevention of food borne illness, and HACCP principles.

b) Accident prevention, instruction on fire safety, first aid, choking, earthquake

preparedness, and other emergency procedures.

c) Elder abuse law and reporting procedures.

G. Menu Planning Guidelines/Menu Requirements

1. A minimum cycle of four weeks of menus shall be planned and submitted to

County.


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

3. Health, cultural, ethnic and regional dietary practices shall be considered in menu

planning, food selection, and meal preparation.

4. The menu cycle shall be approved by the provider’s registered dietitian and

forwarded to the County registered dietitian for certification. Menus shall be

submitted to the County Registered Dietitian a minimum of thirty (30) days prior

to the menu start date. ENP providers are required to have menus certified prior to

the menu start date. All signatures on the menu shall be original signatures.

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

congregate site. Menus shall be legible and easy to read in the language of the

majority of the participants. (Title 22, Division 1.8, Section 7638.5.)

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

7. When planning the menus, the California Food Guide and the Dietary Guidelines

for Americans (DGA) are to be considered. Menus shall conform to the age-

appropriate criteria referenced in the sources.

8. Meal Component/Nutrient Analysis:

a) A meal component/nutrient analysis of the entire menu cycle conducted and/or

approved by a registered dietitian shall be done to ensure compliance with Title

22, Division 1.8, Section 7638.5.

b) Providers shall comply with mandatory maintenance of labels for all food/food

additives containing any fat, oil, or shortening, and the ban of oil, shortening or

margarine containing artificial trans fat. (CRFC 114377)

H. Food Procurement

1. Food procurement procedures shall comply with CRFC standards and HACCP

principles guidelines.

2. All food shall be of good quality and shall be obtained from sources that conform

to federal, State, and local regulatory standards for quality, sanitation, and safety;

whether prepared on-site, frozen, non-perishable, boxed or catered.

3. To the extent possible, providers are encouraged to participate in group food

purchasing.

4. A comparative cost analysis shall be performed either by the ENP provider or its

group purchasing organization on an on-going basis to obtain the highest quality

food for the lowest price available.


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I. Food Storage

1. Food storage procedures shall comply with CRFC standards, and HACCP


J. Food Production

1. Food production procedures shall comply with Title 22, CRFC standards, and

HACCP principles guidelines.

2. Food production and meal service shall be under the supervision of a staff person

trained in food service management to ensure food service sanitation and the

practices of hygienic food handling techniques are followed. This person shall

function with the advice of the provider’s registered dietitian.

3. Meals shall be served as indicated on the certified menus. In the event that a menu

substitution must occur, the following procedure must be followed:

a) The provider’s Registered Dietitian must approve all menu substitutions.

b) A menu substitution form must be completed and signed by the provider’s

Registered Dietitian.

c) The completed menu substitution form shall be kept on file for County review.

4. Production Control:

a) Production schedules or worksheets must be available in the food preparation

area.

b) Food shall be prepared in sufficient quantities to serve all participants. Careful

planning shall minimize the leftover food and prevent waste.

c) Standardized recipes shall be used to ensure consistency of quality and quantity

and adherence to menu guidelines.

d) Appropriate utensils for correct and consistent portion control shall be available

and used at each site.

5. Meal Service/Temperature Monitoring:

a) All food for congregate sites and home delivered meals shall be packaged and

transported in a manner in which it is protected from potential contamination

and maintains appropriate hot and cold food temperatures.

b) Meals shall be served to seniors as “offer versus serve” – meaning participants

are to be given an opportunity to decline a menu item.

c) Temperature Checks:

i. All hot, cold, and frozen potentially hazardous meal components, including

milk, shall be checked daily immediately prior to dispatch from the central

kitchen.


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ii. All hot, cold, and frozen potentially hazardous meal components, including

milk, shall be checked at satellite congregate sites upon delivery and at all

congregate sites immediately before meal service.

iii. The ENP provider must have written procedures for monitoring food

temperature.

iv. The ENP provider must use a form to document food temperatures daily

(i.e. Food Temperature Log).

v. The ENP provider shall have a staff member review the completed Food

Temperature Logs at random a minimum of every other month. If problems

are discovered, an action plan must be developed to resolve the issue.

vi. Documentation of temperatures for hot/cold foods at the end of each HDM

route delivery are required on a monthly basis.

vii. All completed Food Temperature Logs must be maintained on file for

County review.

d) To maintain quality in prepared foods, holding times shall be kept to a

minimum. Holding time shall not exceed 2 hours outside temperature control.

e) Milk and milk products shall be provided in individual, commercially filled

containers, or shall be poured by a staff member directly from commercially

filled bulk containers into the glass or cup from which it is consumed.

f) Single service utensils and tableware shall be used one time only and then

discarded.

g) Safety of the food after it has been served at the congregate site and then

removed by the participant from the congregate site is the sole responsibility of

the participant and may be consumed by the participant as he/she deems it

appropriate.

h) The provider shall have a sign posted in the congregate site stating, “Food

removed from the congregate site is at your own risk.”

K. Food Service Requirements

The ENP provider shall ensure that the following forms are available, completed daily,

and maintained at each nutrition site for a minimum of 12 months:

1. Food Temperature Log – one should be available for congregate meals and home

delivered meals if hot or cold foods are delivered to the client.

2. Cleaning Schedule.

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

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

5. The current Environmental Health Inspection Report shall be available at the site

for review.


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L. Program Requirements

1. Confidentiality of Client Information: ENP providers shall ensure that

information about, or obtained from a participant’s records, shall be maintained in

a confidential manner.

2. Outreach/Marketing Activities:

a) ENP providers are required to provide outreach in the community through

community organizations and other groups. All outreach and marketing

activities shall be documented and kept on file for the annual monitoring visit

conducted by County.

b) ENP providers shall develop and have handouts, brochures, and/or signs

available in languages other than English and posted in locations such as

churches, community service locations, and small stores serving the minority

communities.

3. Emergency Procedures:

a) ENP providers shall have a written Emergency/Disaster Plan.

b) Each nutrition site shall have an evacuation plan posted identifying the

emergency exits and assembly areas.

c) Staff and volunteers must be knowledgeable of emergency procedures.

d) Where feasible and appropriate, ENP providers shall make arrangements for the

availability of meals to participants during a major disaster, as defined in 42

U.S.C., Chapter 68, Section 5122 (2). Such arrangements shall be included in

the Emergency/Disaster Plan.

4. Donations and Confidentiality:

a) An Eligible individual who receives a meal shall be given the opportunity to

contribute to the cost of the meal.

b) The ENP provider shall develop a suggested contribution/donation amount.

When developing this contribution/donation amount, the income ranges of the

older adults in the community and the provider’s other sources of income shall

be considered.

c) A sign indicating the suggested contribution for eligible individuals and the fee

for guests shall be posted near the contribution container at each congregate

meal site. A guest fee shall cover all meal costs.

d) No eligible individual shall be denied participation because of failure or

inability to contribute.

e) The provider shall ensure that the amount of the eligible participant’s

contribution is kept confidential.

f) All contributions and fees shall be identified as program income and used to

increase the number of meals served, to facilitate access to such meals, and to

provide nutrition-related supportive services.


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5. Coordination:

a) If applicable, develop a fair and equitable policy and procedure for referring

participants to the appropriate transportation provider for securing public

transportation to and from nutrition sites and have the policy available for

review by County.

b) Coordinate service with other County departments and local agencies by

providing time for presentations or special activities that promote a community-

based system of care for the participants attending nutrition sites.

6. Reporting:

a) All fiscal and program data must be reported monthly (i.e. Request for

Reimbursement, Rosters, Monthly Service Unit Report, etc.). All reports are

due to County by the 15th day of the month following the month of service.

County will provide training as needed.

b) The provider shall maintain support files including, but not limited to, invoices,

payroll, Client Intake Sheets, and any other supporting documents to

substantiate monthly reports.

c) ENP providers are required to report all known or suspected cases of elder abuse

to County Adult Protective Service or law enforcement immediately by

telephone. A written report must be sent within two (2) working days. Abuse

of an elder or dependent adult means physical abuse, neglect, intimidation, cruel

punishment, fiduciary abuse, abandonment, isolation, or other treatment

resulting in physical harm or pain or mental suffering or the deprivation by a

care custodian of goods or services which are necessary to avoid physical harm

or mental suffering.

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

e) Develop and have on hand for review by County, a cost allocation plan that

explains the methods used to allocate costs between congregate meals, home-

delivered meals, and any other program funded by County.

f) Other Reporting Requirements:

i. A&D (Aging & Disability):

Providers shall have dedicated staff responsible for maintaining the

client tracking software, an Internet Service Provider and the

appropriate hardware that can support the program. Providers shall be

responsible for the following A&D data entry by the 15th day of the

month following the month of service:

Client Intake Sheets for any new clients or any annual or quarterly

assessments completed in the month

Updating A&D with new clients

Adding service units to client records


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ii. Reporting Provisions Specific to Title III C-2

The Subrecipient shall provide quarterly data about their FY 2020-21 Title III C-2

Wait List(s), using a template provided by the County, via email to

[email protected]. The categories may include, but are not limited

to the following:

Number of unduplicated clients on the Wait List

Number of unduplicated clients removed from the Wait List

Number of new unduplicated clients added to the Wait List

7. Disposal of Equipment:

a) Provider shall submit a list of equipment purchased with grant funding by

location.

b) If the Provider wishes to dispose of equipment purchased with Nutrition grant

funding, they must submit a request, in writing, to County. The request shall

state the equipment description, the location of the equipment, and the reason

for disposal.

IV. ENP: CONGREGATE MEALS EXPECTATIONS & REQUIREMENTS

A. Requirements for Nutrition Services

1. Each congregate meal provider shall:

a) Include procedures for obtaining the views of participants about the services

received.

b) Not preclude the service of a meal to a participant who has failed to make a

reservation when food is available.

c) Provide the opportunity for each congregate meal participant to complete the

relevant sections of the client intake sheet by the third day of beginning meal

service and annually thereafter.

d) Maintain appropriate documentation on each client. Documentation shall be

kept on file to be monitored by County.

e) Ensure the accuracy and authenticity of the number of eligible participant meals

served each day.

2. Each congregate meal site shall meet all of the following:

a) 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 ENP

activities are taking place.

b) Have restrooms, lighting, and ventilation, which meet the requirements of

CRFC.

c) Have equipment, including tables and chairs that are sturdy and appropriate for

older adults. Tables shall be arranged to assure ease of access and encourage

socialization.


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B. Nutrition Education Services for Participants

1. Nutrition Education shall be provided a minimum of four (4) times per year to

participants in congregate meal programs.

a) Nutrition Education for congregate sites is defined as demonstrations,

presentation, lectures or small group discussions, all of which may be

augmented with printed materials.

2. Nutrition Education shall be based on the particular needs of congregate meal

participants. An annual needs assessment shall be performed by the ENP provider

to make this determination.

3. A yearly written nutrition education plan shall be submitted to County prior to

implementation and no later than July 15 of the fiscal year in which it is being

implemented.

4. Nutrition Education sessions must be reported monthly to County.

V. ENP: HOME-DELIVERED MEALS EXPECTATIONS & REQUIREMENTS

A. Each home-delivered meal provider shall:

1. Develop and implement criteria to assess the level of need for home-delivered

nutrition services of each eligible participant. Providers shall prepare a sample

Client Intake Sheet for approval by County.

a) An initial determination of eligibility may be accomplished by telephone.

b) A written assessment shall be done in the home within two (2) weeks of

beginning meal service and shall include an assessment of the type of meal

appropriate for the participant in their living environment.

c) An older adult eligible for receiving home-delivered meals shall be assessed for

need of nutrition-related supportive services and referred as necessary.

d) Re-assessment of need shall be determined quarterly. Such re-assessment shall

be done in the home of the participant at least every other quarter.

2. Provide home-delivered meals in pre-packaged trays.

3. Provide written instructions for handling and re-heating of the meals.

4. Establish a waiting list for home-delivered meals whenever the home-delivered

meal providers are unable to provide meals to all eligible older adults. The decision

to place eligible recipients of a home-delivered meal on a waiting list, and their

position on such a list, shall be based on greatest need and/or in accordance with


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policy established by the home-delivered meal provider, in consultation with

County.

5. Maintain appropriate documentation on each client. Documentation shall be kept

on file to be monitored by County.



participants in home-delivered meal programs.

a) Nutrition Education for home-delivered meal participants may consist solely of

printed material.

2. Nutrition Education shall be based on the particular needs of home-delivered meal





implemented.


VI. AMERICAN RESCUE PLAN ACT (ARPA) ELDERLY NUTRITION PROGRAM

SERVICE LEVELS

Each Congregate Meals and Home-Delivered Meals provider shall:

1. Offer additional meals to all participants for extended weekends or periods of

anticipated business closures due to County-recognized holidays.

2. Provide requested additional meals to participants to cover extended closures due to

County-recognized holidays and ensure no program participant go without food. For

example: including an additional meal on a Friday delivery, if provider services will

not be offered the following Monday due to a holiday closure.

3. Plan for additional meal deliveries, especially for extended weekends or holiday-

related closures.

4. For planning purposes, extended weekends and closures due to a County-recognized

holiday means a minimum closure of three (3) calendar days. See General

Requirements, Hours of Operation and Schedules, Holiday Operation and Schedules

for a list of approved County holidays.


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VII. ENP: ADDITIONAL ELIGIBLE SERVICES EXPECTATIONS &

REQUIREMENTS

A. Scope of Services

The Subrecipient is allowed to implement the following additional eligible services

under the Elderly Nutrition Program based on available funding and approval from the

Office on Aging:

1. Optional Home-Delivered Weekend Meals – Optional Home-Delivered

Weekend Meals are frozen or fresh meals offered to Home-Delivered Meals

participants upon assessment of their nutrition risk. All Optional Home-Delivered

Weekend Meals must meet a minimum one-third of the Dietary Reference Intake,

shall comply with dietary guidelines for Americans, and shall be accompanied with

instructions for safe storage and reheating.

2. Take Home Meals – Take Home Meals are offered to congregate meal participants

who are eligible to take home a second meal to be consumed at a later time. The

congregate meal participant must have a high score on the Nutrition Risk

Assessment in order to participate in the Take Home Meals program. All Take

Home Meals must meet a minimum one-third of the Dietary Reference Intake, shall

comply with dietary guidelines for Americans, and shall be accompanied with


3. Emergency Shelf-Stable Meals – Emergency Shelf-Stable Meals are offered to

participants of both Congregate and Home-Delivered Meals programs and must

meet a minimum one-third of the Dietary Reference Intake, shall comply with

dietary guidelines for Americans, and shall be accompanied with instructions for

safe storage and reheating. Emergency shelf stable meals are not to be used in place

of Emergency Earthquake Meals.

B. Requirements

The Subcontractor will be responsible for tracking the units of service under these

additional eligible services and reporting it to the Office on Aging. Other additional

eligible services under the Elderly Nutrition Program may be considered and approved

by the Office on Aging.

VIII. IIIB SUPPORTIVE SERVICES PROGRAMS EXPECTATIONS &

REQUIREMENTS (Case Management, In-Home Services, and Transportation)

A. Definitions

1. Eligible Service Population for Title III-B means individuals sixty (60) years of

age or older, with emphasis on those in greatest economic and social need with

particular attention to low-income minority older individuals, older individuals


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with Limited English Proficiency (LEP), and older individuals residing in rural

areas. [OAA § 305 (a)(2)(E); 22 CCR 7119, 7125, 7127, 7130, 7135 and 7638.7].

2. Priority Services for Title III-B 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.

3. Program Requirements means Title III program requirements found in the OAA

[42 USC 3001-3058]; the Code of Federal Regulations [45 CFR 1321]; the

California Code of Regulations [22 CCR 7000 et seq.] and CDA Program

Memoranda, and California Retail Food Code (CRFC).

4. Title III-B (Supportive Services) means a variety of services including, but not

limited to: personal care, homemaker, chore, adult day care, adult day health care,

case management, assisted transportation, transportation, legal assistance,

information and assistance, outreach, 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 National

Aging Programs Information Systems (NAPIS) categories and the National

Ombudsman Reporting System (NORS). [OAA § 321(a)]

5. Case Management means assistance either in the form of access coordination in

circumstances where the older person is experiencing diminished functioning

capacities, personal conditions or other characteristics, which require the provision

of services by formal service providers or family caregivers. Activities of case

management include such practices as assessing needs, developing care plans,

authorizing and coordinating services among providers, and providing follow-up

and reassessment, as required.

6. In-Home Services means Personal Care, Homemaker, and Chore services to

provide assistance for frail older adults who otherwise could not remain in their

homes

a) Personal Care: Personal assistance, stand-by assistance, supervision or cues

(such as with eating, bathing, toileting, transferring in/out of bed/chair, walking,

dressing, grooming).

b) Homemaker: Assistance such as preparing meals, shopping for personal and

household items, managing money, using the telephone or doing light

housework.

c) Chore: Assistance such as heavy housework, yard work or sidewalk and other

home maintenance for an older adult.


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7. Transportation means transportation from one location to another. Does not

include any other activity. May include travel vouchers and transit passes.

B. Scope of Services – Case Management

The Subrecipient shall:

1. Provide program information and assistance to the public.

2. Maintain a program data collection and reporting system as specified in the

Reporting Provisions section of this contract.

3. 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).

4. Implement the statutory provisions of the Title III and Title VII Programs [OAA §

306] in accordance with State and federal laws and regulations. The Subrecipient

shall make every effort to meet the approved goals and objectives stipulated in

Attachment E (Performance Standards) of this contract. Performance shall not be

unilaterally reduced or otherwise changed without prior consultation with, and

written approval from the Office on Aging. A service unit reduction of greater than

10% requires written approval from OoA.

5. Ensure that staff make regular (monthly or quarterly) contact over-the-phone and/or

in-person with clients to conduct whole person assessments (health/medical, social,

psychological, home/environmental, nutritional well-being) based on areas of

concern/need as identified in the care plan and to inquire about:

a) Changes in conditions and functional capabilities.

b) Follow-up on completion status of rendered supplemental services.

c) Contact made with medical professionals and the reason(s) for the contact.

d) Information regarding recent hospitalizations/SNF admittance, if applicable.

6. When services have been rendered, based on the cognition of the client, conduct

follow-up phone calls with the clients and/or family caregiver within five (5)

business days to ensure that services were received, and needs were met.

7. Ensure that staff document client case notes each time a contact is made with the

client.

8. Ensure that staff are regularly linking clients with supplemental services and

providing referrals to other program within the community that could also assist in

meeting their needs.


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C. Scope of Services – In-Home Services















D. Scope of Services – Transportation















5. Provide transportation to the eligible service population in areas where

transportation is otherwise limited or unavailable. Transportation locations may

include but not be limited to the following:


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Congregate sites

Financial institutions

Groceries

IX. REPORTING PROVISIONS – AMERICAN RESCUE PLAN ACT

The Subrecipient shall (1) track the number of service units provided, the number of people

served, and expenditures; and (2) submit this data to OoA and/or CDA as directed.

X. REPORTING PROVISIONS – GENERAL

The Subrecipient shall have written reporting procedures which include:

1. Collection and reporting of program data.

2. Ensuring accuracy of all data.

3. Verification of all data prior to submission to OoA Data Team.

4. Procedures on correcting data errors.

5. A methodology for calculating and reporting:

Total estimated unduplicated clients in each non-registered service.

Total estimated unduplicated clients in all non-registered services.

Total estimated unduplicated clients across all registered and non-registered

services.

6. A performance data monitoring process.

For reports that will be submitted late, ten (10) calendar days prior to the report due

date, the Subrecipient shall submit to the OoA Data Team

([email protected]), a written explanation including the reasons for the

delay and the estimated date of submission.

XI. TRANSITION PLAN

Subrecipient shall submit a transition plan to OoA within fifteen (15) days of delivery

of a written Notice of Termination for a service funded either by Title III or Title VII.

The transition plan must be approved by the OoA and CDA and shall at a minimum

include the following:

1. A description of how clients will be notified about the change in their service

provider.


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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 CCR 7206(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.

9. Additional information as necessary to effect a safe transition of clients to other

community service providers.

The Subrecipient shall implement the transition plan as approved by OoA and CDA.

OoA will monitor the Subrecipient’s progress in carrying out all elements of the

transition plan.

If Subrecipient fails to provide and implement a transition plan as required by

Attachment A. III. G., the Subrecipient will implement a transition plan submitted by

OoA/CDA to the Subrecipient following the Notice of Termination.


Attachment B

Page 74 of 99

PAYMENT/COMPENSATION

1. COMPENSATION:

This is a cost reimbursement Contract between the County and the Subrecipient for up to:

$585,812 for the period of 12-months (October 1, 2021 – September 30, 2022) as set forth

in Attachment A Scope of Services attached hereto and incorporated herein by reference.

The Subrecipient agrees to accept the specified compensation as set forth in this Contract

as full remuneration for performing all services and furnishing all staffing and materials

required, for any reasonably unforeseen difficulties which may arise or be encountered in

the execution of the services until acceptance, for risks connected with the services, and

for performance by the Subrecipient of all its duties and obligations hereunder. The County

shall have no obligation to pay any sum in excess of the total Contract amount specified

unless authorized by an amendment in accordance with Paragraphs C and P of the County’s

General Terms and Conditions.

2. PAYMENT TERMS:

Invoices are to be submitted in arrears to the user agency/department. An invoice for the

reimbursement of costs shall be submitted to the address specified below upon the

completion of the services/activities and approval of the County Project Manager.

Subrecipient shall reference Contract number on invoice. Payment will be net 30 days

after receipt of an invoice in a format acceptable to the County of Orange and verified and

approved by OC Community Services and subject to routine processing requirements of

the County. The responsibility for providing an acceptable invoice rest with the

Subrecipient.

Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the

County of Orange for any monies paid to the Subrecipient for services not provided or

when services do not meet the Contract requirements.

Payments made by the County shall not preclude the right of the County from thereafter

disputing any items or services involved or billed under this Contract and shall not be

construed as acceptance of any part of the services. In the event cost is disputed and/or

disallowed, the County will make partial payment to recoup disputed/disallowed monies

in the following billing cycle. The Subrecipient will reimburse the County for

disputed/disallowed monies identified after October 10, 2022, in one lump sum.

Program Invoice(s):


Attention: Accounts Payable

601 N. Ross St., 6th floor

Santa Ana, CA 92701


Attachment B

Page 75 of 99

3. INVOICING INSTRUCTIONS:

The Subrecipient will provide an invoice on Subrecipient’s letterhead for services

rendered. Each invoice will have a number and will include the following information:

The Demand Letter/Invoice must include

A. Subrecipient’s name and address

B. Subrecipient’s remittance address (if different from 1 above)

C. Subrecipient’s Tax ID Number

D. Name of County Agency Department

E. County Contract Number

F. Service date(s) – Month of Service

G. Delivery Order (DO) / Subordinate Agreement Number

H. Deliverables / Service description (in accordance with Attachment A)

I. Subrecipient’s Federal I. D. number

J. Total

Further instructions regarding invoicing/reimbursements as set forth in Exhibit 5, OC

Community Resources Contract Reimbursement Policy, are attached hereto and

incorporated herein by reference.

4. MONTHLY OPERATING COSTS

Payments for monthly work completed shall be made as follows:

A. Subrecipient shall timely transmit to County all data required pursuant to this Contract.

Subrecipient also shall submit an invoice(s) and such other substantiating reports as

County may require, all in a form satisfactory to Project Manager, by the fifteenth

(15th) day of each month, showing the prior month’s actual expenditures. If the 15th

falls on a weekend or holiday, the invoice/data report is due the next business day. If

Subrecipient receives funds pursuant to this Contract for more than one program or

Service Area, each such program or Service Area shall be invoiced separately from all

other programs or Service Areas, and separate substantiating reports shall be submitted

for each program or Service Area, unless otherwise approved by Project Manager.

County shall make monthly payments based on Subrecipient’s data, invoice(s), and

substantiating reports, unless otherwise approved by Project Manager.

B. In cases where errors or Disallowed costs are identified by County, County will return

invoice(s) for revision. Subrecipient must resubmit revised invoice(s) within five (5)

business days of notification from County, excluding the 12th month close-out invoice.

C. No payments will be made if any preceding months’ data, reports, or invoices are

outstanding, unless otherwise approved by the Administrator.


Attachment B

Page 76 of 99

D. No payments will be made for costs incurred by Subrecipient which are not “allowable

costs” applicable to Subrecipient under 45 C.F.R. Part 92.22(b).

E. Whenever Subrecipient is not in compliance with any provision of this Contract,

Project Manager, may withhold payment until such time as Subrecipient comes into

compliance.

F. Total Monthly Costs may exceed one-twelfth of the Maximum Obligation of County.

Upon receipt of sufficient written justification from the Subrecipient, as determined in

the sole discretion of the Project Manager, or her designee, the Project Manager, has

the discretion, in any given month, to pay over the monthly one-twelfth of the

Maximum Obligation.

5. FULL COMPENSATION

Subrecipient agrees to accept the specified compensation as set forth in this Contract as

full remuneration for performing all services and furnishing all staffing and materials



for performance by the Subrecipient of all its duties and obligations hereunder.

6. CLOSE-OUT DEADLINES

A. The 12th month close-out invoice is due on the 15th of October 2022 without

exceptions. In cases of returned invoices due to errors or Disallowed costs, Subrecipient

must resubmit revised invoice(s) within two (2) business days of notification from

County.

B. Request for budget modifications and/or invoice revisions from the Subrecipient will

be restricted to a minimum for final invoices and will only be allowed at the County’s

discretion.

C. Subrecipient must submit September 2022 invoice estimates by the 10th of September

2022. Estimates must be projected based on anticipated actual expenditure.

7. CONTRIBUTIONS

A. Subrecipient shall provide every participant the opportunity to voluntarily contribute

toward the cost of the services provided under this Contract. Subrecipient shall protect

the privacy of each such contributor with respect to his or her contribution. No Older

Individual shall be denied a service because of unwillingness or inability to contribute

towards the cost of said service.

B. Subrecipient shall keep separate accounts of all contributions for services provided

pursuant to this Contract. Subrecipient shall report such contributions monthly to

County in the format required by County.


Attachment B

Page 77 of 99

C. Contributions for services provided pursuant to this Contract shall be added to the funds

provided to Subrecipient by County pursuant to this Contract and shall be used for the

purposes and in accordance with the terms of this Contract.

8. THIRD-PARTY REVENUE

Subrecipient shall make every reasonable effort to obtain all available reimbursement from

third parties (e.g., insurers), for which persons served hereunder may be eligible. All such

third-party reimbursements received by Subrecipient shall be reported to County in the

format required by County. The amount of such third-party reimbursements shall be

deducted from County’s maximum obligation hereunder.

9. INTEREST EARNED

A. If Subrecipient earns interest on funds received pursuant to this Contract, that interest

shall be identified as income to the program(s) for which this Contract provides and

shall be used and expended only for said program(s). Subrecipient shall maintain in its

files full documentation of such interest earnings and expenditures.

B. If Subrecipient is a nonprofit, it shall maintain any advances of funds or contributions

received under this Contract in interest-bearing accounts, unless “a” or “b” below

apply:

i. The best reasonably available interest-bearing account would not be

expected to earn interest in excess of $500 per year on the funds deposited

pursuant to this Contract combined with other federal cash balances, if any,

maintained by Subrecipient; or

ii. The depository would require an average or minimum balance so high that

it would not be feasible within the expected cash resources Subrecipient

expects to receive under this Contract.


Attachment B

Page 78 of 99

BUDGET SCHEDULE

ARPA Act Programs

1. Subrecipient’s Budget:

October 1, 2021 to September 30, 2022

ARPA Act: Congregate Meals

Cost Categories Budgeted Costs

Personnel $66,892

Travel and Training $0

Equipment $0

Food $95,000

Consultant/Professional Services $8,750

Other Costs $10,656

Indirect Costs $0

Total Budgeted Costs $181,298

Matching Funds Match Amount

Cash $0

In-Kind $18,130

Total Match $18,130

ARPA Act: Home-Delivered Meals


Personnel $91,367


Equipment $0

Food $156,220


Other Costs $15,222

Indirect Costs $0



Cash $0

In-Kind $27,195

Total Match $27,195

ARPA Act: Case Management



Attachment B

Page 79 of 99

Personnel $35,829


Equipment $0


Other Costs $2,500

Indirect Costs $0



Cash $4,419

In-Kind $0

Total Match $4,419

ARPA Act: In-Home Services


Personnel $18,936


Equipment $0


Other Costs $1,750

Indirect Costs $0



Cash $3,830

In-Kind $0

Total Match $3,830

ARPA Act: Transportation


Personnel $36,336


Equipment $0


Other Costs $11,745

Indirect Costs $0



Cash $5,008


Attachment B

Page 80 of 99

In-Kind $0

Total Match $5,008

2. The above Cost Categories is an overview of the actual budget approved by the Office on

Aging. Subrecipient shall be responsible for and maintain the approved Budget Summary by

Funding Source and Revenue Sources spreadsheet that is provided to Subrecipient from Office

on Aging. The Budget Summary by Funding Source and Revenue Sources spreadsheet shall be

maintained and completed in accordance with the Office on Aging policies and processes. Any

deviation from the Office on Aging approved budget, may and can delay acceptance of budgets

and/or reimbursements.

3. The Budget Summary by Funding Source and Revenue Sources spreadsheet must set forth in

detail the reimbursable items, unit rates and extended total amounts for each line item. The

Subrecipient’s Budget Summary by Funding Source and Revenue Sources spreadsheet shall

include, at a minimum, the following items when reimbursable and applicable under this

Contract:

a) Personnel Costs – annual Full-Time Equivalent (FTE) wage rates and personnel

classifications specified for each program.

b) Fringe Benefits – specified for each program.

c) Staff Travel - mileage reimbursement, lodging, per diem and other travel costs, specified

for each program.

d) Staff Training – attendance cost for necessary training, specified for each program.

e) Property/Equipment - detailed descriptions and unit costs, specified for each program.

f) Supplies - to include items below the $5,000 equipment threshold, specified for each

program.

g) Consultant/Professional Services – specified for each program.

h) Other - Facilities and other ordinary and necessary costs specified for each program.

i) Indirect Costs.


Attachment B

Page 81 of 99

STAFFING PLAN



I. ARPA Act - Case Management Title FTE*

Case Manager 0.15

Assistant Case Manager 0.15

Chief Executive Officer 0.05

Accountants 0.05

Data Base Coordinator 0.05

TOTAL: 0.45

II. ARPA Act – Congregate Meals

Title FTE*


Site Managers 0.66

Accountants 0.04

Grant Writer/Contract Manager 0.04


Volunteers 0.67

Assistant Site Managers 0.19

VP of Operations 0.05

TOTAL: 1.71

III. ARPA Act: Home-Delivered Meals Title FTE*


Site Managers 1.31

Accountants 0.04

Grant Writer/Contract Manager 0.04


Volunteers 1.01

Assistant Site Managers 0.19

VP of Operations 0.05

TOTAL: 2.70


Attachment B

Page 82 of 99

IV. ARPA Act - In-Home Services Title FTE*

Case Manager 0.10

Assistant Case Manager 0.10


Accountants 0.03


TOTAL: 0.29

V. ARPA Act - Transportation Title FTE*

Transportation Director 0.10

Transportation Department Assistant 0.10

Drivers 0.85

TOTAL: 1.05

*1.00 FTE = Full-Time Equivalent

The substitution or addition of other key individuals in any given category or classification shall

be allowed only with prior written pre-approval of the County Project Manager.

The County may reserve the right to involve other personnel, as their services are required. The

specific individuals will be assigned based on the need and time of the service/class required.

Assignment of additional key personnel shall be subject to County approval.


Attachment B

Page 83 of 99

AGENCY NAME: AGE WELL SENIOR SERVICES, INC. FISCAL YEAR: 2021-2022

PROGRAM NAME(S): ENP/Case Mgt/In-Home Svcs/Nutrition Transportation

CONTRACT #: MA-012-22011188

DATE:

October 2021 to September 2022

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY

DESCRIPTION OF SERVICE UNITS

Elderly Nutrition

Program

7,000 # of

Congregate

Meals

90 Registered Congregate Meals (1 Meal): A meal provided to

an eligible individual in a congregate group setting,

that meets all of the requirements of the Older

Americans Act and State/Local laws and assures a

minimum one-third of the Dietary Reference Intake

and shall comply with Dietary Guidelines for

Americans.

47,000 # of Home-

Delivered

Meals

200 Home-Delivered Meals (1 Meal): A meal provided

to an eligible individual in his or her place of

residence, that meets all of the requirements of the

Older Americans Act and State/Local laws and

assures a minimum one-third of the Dietary

Reference Intake and shall comply with Dietary

Guidelines for Americans.

125 # of Nutrition

Education

Sessions

(Congregate)

90 Non-Registered Nutrition Education (1 Session per Participant): A program to promote better health

by providing accurate and culturally sensitive

nutrition, physical fitness, or health (as it relates to

nutrition) information and instruction to

participants, caregivers, or participants in a group or

individual setting overseen by a dietitian or

individual of comparable expertise. Methods of

education may include demonstrations, audiovisual

presentations, or small group discussions for

congregate program participants. Handout materials

may be used, but not limited to, as the sole

education component for home-delivered meal

program participants. Nutrition Education is

required quarterly per congregate site and per

home-bound participant. 340 # of Nutrition

Education

Sessions

(Home

Delivered)

120

Case

Management

1,000 # of Case

Management

Hours

75 Registered Case Management (1 Hour): Assistance in the

form of access coordination in circumstances where

the older person is experiencing diminished

functioning

capacities, personal conditions or other

characteristics, which require the provision of

services by formal service providers or family

caregivers. Activities of case management include

such practices as assessing needs, developing care

plans, providing follow-up and reassessment as

required, and authorizing, purchasing and

monitoring services provided to participants.


Attachment B

Page 84 of 99

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


In-Home Services

240 # of Personal

Care Hours

3 Registered Personal Care (1 Hour): Personal assistance,

stand-by assistance, supervision or cues (such as

with eating, bathing, toileting, transferring in/out of

bed/chair, walking, dressing, grooming).

144 # of

Homemaker

Hours

2 Homemaker (1 Hour): Assistance such as

preparing meals, shopping for personal and

household items, managing money, using the

telephone or doing light housework.

220 # of Chore

Hours

20 Chore (1 Hour): Assistance such as heavy

housework, yard work or sidewalk and other home

maintenance for an older adult.

Transportation 2,400 # of One-Way

Trips

25 Non-Registered Transportation (1 One Way Trip): Transportation

from one location to another. Does not include any

other activity. May include travel vouchers and

transit passes.


Attachment B

Page 85 of 99

1. Federal Award Identification

A. Subrecipient Name: Age Well Senior Services, Inc.

B. Subrecipient’s Unique Identifier (DUNS): 792315459

C. Federal Award Identification Number (FAIN): 2101CASSC6-00, 2101CACM6-00,

and 2101CAHD6-00

D. Federal Award Date: 2021-2022

E. Subaward Period of Performance: October 1, 2021 to September 30, 2022

F. Total Amount of Federal Funds Obligated by the Action: $ 585,812

CFDA FAIN Award Date Formula Funds Amount

93.044 2101CASSC6-00 2021 ARP Act $ 0

93.044 2101CASSC6-00 2022 ARP Act $ 132,567

93.045 2101CACM6-00 2021 ARP Act $ 0

93.045 2101CACM6-00 2022 ARP Act $ 181,298

93.045 2101CAHD6-00 2021 ARP Act $ 0

93.045 2101CAHD6-00 2022 ARP Act $ 271,947

TOTAL: $ 585,812

G. Total Amount of Federal Funds Obligated to the Subrecipient: $ 585,812

H. Total Amount of the Federal Award: $ 585,812

I. Federal Award Project Description: American Rescue Plan Act of 2021, H.R. 1319

J. Federal Awarding Agency: U.S. Department of Health and Human Services,

Administration for Community Living; U.S. Department of Treasury

K. Name of Pass Through Entity (PTE): California Department of Aging and County

of Orange Office on Aging

L. Contact Information for the Awarding Official: Ericka Danczak, Director (714)

480-6465, [email protected]

M. CFDA Number and Name: #93.044 American Rescue Plan (ARP) for Supportive

Services under Title III-B of the Older Americans Act; Special Programs for the Aging,

Title III, Part B, Grants for Supportive Services and Senior Centers; #93.045 American

Rescue Plan (ARP) for Congregate Meals under Title III-C1 of the Older Americans

Act; #93.045 American Rescue Plan (ARP) for Home Delivered Meals under Title III-

C2 of the Older Americans Act; Special Programs for the Aging, Title III, Part C,

Nutrition Services.

N. Whether Award is R&D: No

O. Indirect Cost Rate for the Federal Award: 10%


Attachment B

Page 86 of 99

DRUG FREE WORKPLACE CERTIFICATION

Age Well Senior Services, Inc. Company/Organization Name

The Contractor or grant recipient named above hereby certifies compliance with Government Code 8355 in matters relating to providing a drug-free workplace. The above-named Contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace and specifying the actions to be taken against employees for violations of the prohibitions, as required by Government Code Section 8355(a).

2. Establish a Drug Free Awareness Program as required by Government Code Section

8355(b), to inform employees about all of the following:

A. The dangers of drug abuse in the workplace, B. The person’s or organization’s policy of maintaining a drug-free workplace, C. Any available drug counseling, rehabilitation and employee assistance programs,

and D. Penalties that may be imposed upon employees for drug abuse violations

3. Provide as required by Government code Section 8355I that every employee who works

on the proposed contract or grant

A. Will receive a copy of the company’s drug-free policy statement described in paragraph (1) above, and

B. Will agree to abide by the terms of the company’s statement as a condition of employment in the contract or grant.

CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification.

Official’s Name

Orange Date Executed Executed in the County of Orange Contractor or Grantee Recipient Signature and Title

DocuSign Envelope ID: 5B623BA8-03AB-4106-804B-FB342F72983ADocuSign Envelope ID: 952B3362-450D-4B70-A8E0-2E46A22FC382DocuSign Envelope ID: 5F5F4C84-F54E-48C9-95FA-4259532DDBC8DocuSign Envelope ID: 2DEF5886-89EF-447F-8009-36BEE9C9B343

Attachment B

Page 87 of 99

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants’ responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this

exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to

any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document.

Name

Title Authorized Signature Date


Attachment B

Page 88 of 99

DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal

assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was

placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The contractor recipient of Federal assistance funds shall provide immediate written notice to

the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The contractor or grant recipient of Federal assistance funds agrees by submitting this

certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.

5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this

certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6. The contractor or grant recipient in a covered transaction may rely upon a certification of a

contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals.

7. Nothing contained in the foregoing shall be construed to require establishment of a system of

records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or

grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.


Attachment B

Page 89 of 99

Exhibit 3 Page 1 of 1

CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned 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 undersigned, to

any person for influencing or attempting to influence an officer or employee of an 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 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 undersigned shall require that the language of this certification be included in the award documents

for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. 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.

Grantee/Contractor Organization

Name


*Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB).


Attachment B

Page 90 of 99

INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported,

enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants.

5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP)

number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP DE 90 09."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any

services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF LLL A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503.


Attachment B

Page 91 of 99

DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.C 1352

1. Type of Federal Actions: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance

2. Status of Federal Actions: a. bid/offer/application b. initial award c. post-award

3. Report Type: a. initial filing b. material change For material change only: Year: Quarter: Date of last report:

4. Name and Address of Reporting Entity Prime Subawardee Tier if known Congressional District, if known:

5. If Reporting Entity in No. 4 is a Subawardee: Enter Name and Address of Prime: Congressional District, if known:

6. Federal Department / Agency: 7. Federal Program Name/Description

8. Federal Action Number, if known:

9. Award Amount, if known: $

10a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): (attach Continuation Sheets SF-LLL-A, if necessary)

10b. Individual Performing Services (including address if different from No. 10a) (last name, first name, MI):

11. Amount of Payment (check all that apply): $ Actual Planned

13. Type of Payment (check all that apply) a. retainer b. one-time free c. commission d. contingent fee e. deferred f. other specify:

12. Form of Payment (check all that apply): a. cash b. in-kind: specify: nature:

value:

14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11:

15. Continuation sheet(s) SF-LLL-A attached: Yes No

16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No:

Date:


Attachment B

Page 92 of 99

DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET

Approved by OMS - 0348-0046

Reporting Entity:

Page of

BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C,


Attachment B

Page 93 of 99

PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice. REFERENCES: Executed County Board of Supervisors approved contract Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS-1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services’ and OC Housing & Community Development’s reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by Contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract


Attachment B

Page 94 of 99

requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. At any time, based on County’s business needs and/or Contractor’s performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section.

PROCEDURES: Abbreviated Documentation Requirements Compile and submit:

1. Supporting documentation includes, but is not limited to: a. General ledger/expense transaction report b. Payroll register or labor distribution report c. Payroll allocation plan d. Personnel Documentation e. Benefit plan and calculation of benefit f. Employer-employee contract for non-customary benefits (if applicable) g. Pre-approval documentation for equipment purchases equal to or greater than

$5,000 2. The following is required with the first month’s invoice only:

a. Cost allocation plan for rent, utilities, etc. b. Indirect rate approved by cognizant agency (if applicable)

3. Summary of leveraged resources (if applicable) 4. Demand letters must contain the following certification (if required by Contract):

“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and 3801-3812)”

5. Grantee Performance Report (if required by Contract) 6. Supporting documentation shall be on single-sided sheets 7. Please redact employees’ Social Security Number from payroll reports 8. Demand letter or invoice, along with supporting documentation shall be submitted to:

OC Community Resources Accounting 601 N. Ross St., 6th Floor Santa Ana, CA 92701

Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit:

9. Purchase orders, invoices, and receipts 10. Cashed checks 11. Check register 12. Consultant/sub-contractor invoices (with description of services) 13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement

ACTION:

Distribute this policy to all appropriate staff INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at: [email protected]


Attachment B

Page 95 of 99

Reimbursement Policy Status Form

Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract #

listed herein, Contractor is designated with the Documentation Status of Abbreviated unless

Comprehensive is checked below. If the contractor’s designation should change to

Abbreviated, a new status form shall be approved. All related documentation requirements

are in full force, until further notice.

Contractor: Age Well Senior Services, Inc.

Effective Date: October 1, 2021 – September 30, 2022

Contract #: MA-012-22011188

Documentation Status: ☒ Abbreviated ☐ Comprehensive

************************************************************************************************************* Program Authorization by: Auditor Controller Authorization by:

Print Name Print Name

Signed by: Signed by:

Date: Date:

Two signatures are required to implement the form.

Distribution:

Contractor

Auditor Controller

Contract File

Program File


Attachment B

Page 96 of 99

FOCAL POINTS FY 2021-22

Designated Community Focal Points Address

Abrazar 7101 Wyoming Westminster, CA 92683 Abrazar at Midway City Community Center 14900 Park Lane Midway City, CA 92655 Anaheim Senior Citizen Center 250 E. Center Anaheim, CA 92805 Asian American Senior Citizens Service Center 850 N. Birch St. Santa Ana, CA 92701 Bell Tower Regional Community Center 22232 El Paseo Rancho Santa Margarita, CA 92688 Brea Senior Center 500 S. Sievers Avenue Brea, CA 92821 Brookhurst Community Center 2271 W. Crescent Ave Anaheim, CA 92801 Buena Park Senior Activity Center 8150 Knott Avenue Buena Park, CA 90620 The Center at Founders Village Senior & Community Center 17967 Bushard Street Fountain Valley, CA 92708 Anaheim Independencia Senior Center 10841 Garza Anaheim, CA 92804 Costa Mesa Senior Center 695 West 19th Street Costa Mesa, CA 92627 Cypress Senior Citizen Center 9031 Grindlay Cypress, CA 90603 Dana Point Senior Center 34052 Del Obispo Dana Point, CA 92629 Dorothy Visser Senior Center 117 Avenida Victoria

DocuSign Envelope ID: 952B3362-450D-4B70-A8E0-2E46A22FC382DocuSign Envelope ID: 5F5F4C84-F54E-48C9-95FA-4259532DDBC8DocuSign Envelope ID: 2DEF5886-89EF-447F-8009-36BEE9C9B343

Attachment B

Page 97 of 99

San Clemente, CA 92672 El Modena Family Resource Center 18672 East Center Street Orange, CA 92869 Florence Sylvester Memorial Senior Center 23721 Moulton Parkway Laguna Hills, CA 92653 Fullerton Senior & Community Center 340 W. Commonwealth Fullerton, CA 92832 H. Louis Lake Senior Center 11300 Stanford Avenue Garden Grove, CA 92840 Jewish Federation & Family Services 1 Federation Way Irvine, CA 92603 Korean American Seniors Assn. of OC 9884 Garden Grove Blvd Garden Grove, CA 92844 La Habra Community Center 101 West La Habra Blvd La Habra, CA 90631 La Palma Senior Club 7821 Walker St La Palma, CA 90623 City of Lake Forest Senior Center 25550 Commercentre Dr. Lake Forest, CA 92630 Lakeview Senior Center 20 Lake Road Irvine, CA 92604 Los Alamitos Recreation & Community Services 10911 Oak St. Los Alamitos, CA 90720 Norman P. Murray Senior Center 24932 Veterans Way Mission Viejo, CA 92692 North Seal Beach Community Center 3333 St. Cloud Drive Seal Beach, CA 90740 Oasis Senior Center 801 Narcissus Avenue Newport Beach, CA 92625 Orange Senior Center 170 South Olive St. Orange, CA 92866

Placentia Senior Center 143 S. Bradford Avenue


Attachment B

Page 98 of 99

Placentia, CA 92870 Rancho Senior Center 3 Ethel Coplen Way Irvine, CA 92612 San Juan Capistrano Community Services 25925 Camino Del Avion San Juan Capistrano, CA 92675 Santa Ana Senior Center 424 W. Third St. Santa Ana, CA 92701 Sea Country Senior & Community Center 24602 Aliso Creek Road Laguna Niguel, CA 92677 Seal Beach Senior Center 707 Electric Ave. Seal Beach, CA 90740 Senior Center in Central Park 18041 Goldenwest Street Huntington Beach, CA 92648 Southern California Indian Center, Inc. 10175 Slater Ave. #150 Fountain Valley, CA 92708 Southland Integrated Services 1618 W. 1st. St. Santa Ana, CA 92703 Southwest Senior Center 2201 W. McFadden Ave. Santa Ana, CA 92704 Stanton Senior Center 7800 Katella Ave. Stanton, CA 90680 The Susi Q. Senior Center (Laguna Beach Senior Center)

380 Third Street

Laguna Beach, CA 92651 Trabuco Center 5701 Trabuco Road Irvine, CA 92620 Tustin Area Senior Center 200 S. “C” St. Tustin, CA 92780

Westminster Senior Center 8200 Westminster Blvd.

Westminster, CA 92683 Yorba Linda Senior Center 4501 Casa Loma Yorba Linda, CA 92886


Attachment B

Page 99 of 99




ADULT DAY CARE AND ELDERLY NUTRITION PROGRAM SERVICES

BETWEEN

COUNTY OF ORANGE

AND

COMMUNITY SENIORSERV, INC. DBA MEALS ON WHEELS ORANGE COUNTY


93.044 2101CASSC6-00 American Rescue Plan Act for Supportive

Services under Title III-B of the Older

Americans Act; Special Programs for the

Aging, Title III-B, Part B, Grants for

Supportive Services and Senior Centers

U.S. Department of

Health and Human

Services,

Administration for

Community Living;

U.S. Department of

Treasury

93.045 2101CACM6-00;

2101CAHD6-00

American Rescue Plan Act for Congregate

Meals under Title III-C1 of the Older

Americans Act;

American Rescue Plan Act for Home

Delivered Meals under Title III-C2 of the

Older Americans Act; Special Programs of

the Aging, Title III, Part C, Nutrition

Services

U.S. Department of

Health and Human

Services,

Administration for

Community Living;

U.S. Department of

Treasury

DocuSign Envelope ID: EF94D967-D980-4D5C-8CCC-5C71DBCAFAF8DocuSign Envelope ID: ACA8E614-3FEA-4790-8F6A-4FEEBE4EA650

Attachment C

Page 1 of 106

Table of Contents

RECITALS .............................................................................................................................................. 6




C. Amendments: ............................................................................................................................. 9


E. Delivery:..................................................................................................................................... 9


G. Warranty: ................................................................................................................................... 9


I. Assignment: ............................................................................................................................. 10


K. Termination: ............................................................................................................................. 10





P. Changes: ................................................................................................................................... 15


R. Force Majeure: ......................................................................................................................... 16




V. Severability: ............................................................................................................................. 16

W. Attorney Fees: .......................................................................................................................... 17









2. Term of Contract: ..................................................................................................................... 19


Attachment C

Page 2 of 106

3. Renewal:................................................................................................................................... 19

4. Headings: ................................................................................................................................. 19










14. Data – Title To: ........................................................................................................................ 21

15. Licenses:................................................................................................................................... 22









24. Subcontracting: ........................................................................................................................ 25


26. Gratuities: ................................................................................................................................. 26


28. Notices: .................................................................................................................................... 26


30. Precedence: .............................................................................................................................. 27





34. Debarment: ............................................................................................................................... 28


36. Fraud: ....................................................................................................................................... 29


Attachment C

Page 3 of 106



39. Indirect Costs: .......................................................................................................................... 30



42. Payments .................................................................................................................................. 32

43. Budget Schedule: ..................................................................................................................... 33


45. Annual Audit: ........................................................................................................................... 34










55. S.W.A.G: .................................................................................................................................. 39



58. Focal Points: ............................................................................................................................. 41


Signature Page ...................................................................................................................................... 42

ATTACHMENTS




Attachment D - Staffing Plan



EXHIBITS






Attachment C

Page 4 of 106




Attachment C

Page 5 of 106


with


For


Adult Day Care and Elderly Nutrition Program Services


Adult Day Care and Elderly Nutrition Program Services (hereinafter referred to as “Contract”) is made

and entered into as of the date fully executed by and between the County of Orange, a political

subdivision of the State of California; hereinafter referred to as “County” and Community SeniorServ,

Inc. dba Meals on Wheels Orange County, D-U-N-S No. 084975739, a California non-profit corporation,

with a place of business at 1200 N. Knollwood Circle, Anaheim, CA 92801 (hereinafter referred to as

“Subrecipient”), with the County and Subrecipient sometimes referred to as “Party” or collectively as

“Parties”.

ATTACHMENTS






Attachment D – Staffing Plan









RECITALS


Act of 2021 (ARPA), H.R. 1319 – Adult Day Care and Elderly Nutrition Program Services under a cost

reimbursement Contract; and









Attachment C

Page 6 of 106






pandemic and a previous competitive Request for Proposal (“RFP”) process for Older American’s Act




1319 – Adult Day Care and Elderly Nutrition Program Services to the County as further set forth in the

Scope of Services, attached hereto as Attachment A; and





WHEREAS, Subrecipient agrees to provide staff set forth in Staffing Plan, attached hereto as

Attachment D; and


attached hereto as Attachment E; and



1319 – Elderly Nutrition Program Services with the Subrecipient to carry out certain program services

and activities for the Fiscal Years and 2021-22 and 2022-23.


DEFINITIONS






(2 CFR 200.4 and 45 CFR 75.2)




Attachment C

Page 7 of 106



CFR 75.2)























Attachment C

Page 8 of 106

ARTICLES









































Attachment C

Page 9 of 106

































in the event of:


Contract;





funding sources;




Attachment C

Page 10 of 106












Subrecipient.































Attachment C

Page 11 of 106







through County.




































Attachment C

Page 12 of 106








insured.





















Liability





Attachment C

Page 13 of 106
















contributing.






















Attachment C

Page 14 of 106









solicitation.



vendor.




protect County.





all legal remedies.




insurer.














Attachment C

Page 15 of 106






















remedies.



















thereby.


Attachment C

Page 16 of 106













this Contract.

































Attachment C

Page 17 of 106





is made.





















be required.



Attachment C

Page 18 of 106



County will procure American Rescue Plan Act – Adult Day Care and Elderly Nutrition Program

Services from Subrecipient as further detailed in the Scope of Services, identified and

incorporated herein by this reference as Attachment A.











such items.





cost of services provided in accordance with this Contract is $2,725,272, as further detailed in

the Budget Schedule, identified and incorporated herein by this reference as Attachment C.



















Attachment C

Page 19 of 106
































purpose.






Contract.


Attachment C

Page 20 of 106


























A. Copyrights

















Attachment C

Page 21 of 106







B. Rights in Data:



















statewide basis.




law.












Attachment C

Page 22 of 106






















herein.




















Attachment C

Page 23 of 106












correction.

































Attachment C

Page 24 of 106

























condition.














in the future.



in the future.


Attachment C

Page 25 of 106



























For County:






For Subrecipient:


Holly Hagler, President and CEO

1200 N. Knollwood Circle

Anaheim, CA 92801





Attachment C

Page 26 of 106




of the County.






















under law.















Attachment C

Page 27 of 106






identify the specific funding source(s) for the Contract and related program;








Project Manager.













complete.














Attachment C

Page 28 of 106





permitted by law.























Contract;







and;


Attachment C

Page 29 of 106











as in-kind.

















listed in Attachment E.





Attachment E as a result of a contingency cost increase. Administrator in its sole

discretion may decrease units of service in Attachment E as a result of a contingency cost




of the following:





Attachment C

Page 30 of 106















with this Contract.



as specified in Attachment(s) A and E, Administrator may unilaterally reduce the




of this Contract.

























Attachment C

Page 31 of 106









of Aging.



Administrator.




Administrator.











required by OoA;














42. Payments:




Attachment C

Page 32 of 106






































fully set forth.





Attachment C

Page 33 of 106











































Attachment C

Page 34 of 106



resolution process.














and “C” above.

G. Audit.








less than $750,000.








Subpart F;












Attachment C

Page 35 of 106




















Contract.





reports.


A. State laws.










Section 8103.








Attachment C

Page 36 of 106






Contract.
































program components and service levels detailed in Attachments A, B, C, D, E and/or F may be


Attachment C

Page 37 of 106




program component and/or service level detailed in Attachments A, B, C, D, E and/or F then the
























following criteria:















Attachment C

Page 38 of 106










































Attachment C

Page 39 of 106


manuals.




























such signed forms.

G. Debarment.











Attachment C

Page 40 of 106














water pollution.

















Attachment C

Page 41 of 106

Signature Page



*COMMUNITY SENIORSERV, INC. DBA MEALS ON WHEELS ORANGE COUNTY

By: By:

Name: Name:

Title: Title:

Dated: Dated:






************************************************************

COUNTY OF ORANGE


By: Dated:



APPROVED AS TO FORM


By: Dated:



3/2/2022

Holly Hagler

3/3/2022

President & CEO

Attachment C

Page 42 of 106

SCOPE OF SERVICES






Hours of Operation






holidays. County holidays will be observed on the preceding Friday.























Attachment C

Page 43 of 106






































Attachment C

Page 44 of 106





















3. Disclosure.








participant.





or a photograph.









Attachment C

Page 45 of 106



participant.












CDA upon request.






















Attachment C

Page 46 of 106

E. Access






transcriptions.


















G. Procurement












Attachment C

Page 47 of 106











H. Property





























Attachment C

Page 48 of 106







asset.







Administrator.


is acquired:

a) Date acquired


c) CDA tag number



f) Fund source




















Attachment C

Page 49 of 106












State.



















Contract.





Attachment C

Page 50 of 106














A. Program





family caregivers.















Attachment C

Page 51 of 106





invoice.






for all programs.

13. Conduct a participant satisfaction survey annually. County will provide survey

templates with non-negotiable questions along with a survey results workbook.

Additional questions to the survey must be approved prior to its use. The provider

must keep the completed surveys and the tabulated results on file. Submit a copy

of the completed Participant Satisfaction Survey Results Workbook to

[email protected], along with a summary detailing a plan of action

addressing relevant concerns of participants in order to improve program services

to County by May 31st of the fiscal year in which it is conducted.


execution.

B. Elder Abuse











benefits options.



Attachment C

Page 52 of 106









the County.






date.






D. Data Reporting







County.


program funds.


Attachment C

Page 53 of 106

F. Insurance







County.







of emergency.




emergencies.





emergency.



the facility.



Attachment C

Page 54 of 106










date of agreement.






Attachment C

Page 55 of 106

III. ELDERLY NUTRITION PROGRAM MEASURABLE OBJECTIVES &

REQUIREMENTS

This Scope of Services contains the measurable objectives mandated by the California

Department of Aging (CDA) and the Office on Aging (OoA) for providers of the Title III

C Elderly Nutrition Program (ENP). The Scope of Services is based on the requirements

for the ENP as stated in California Code of Regulations, Title 22, Division 1.8, Chapter 4,

Article 5, Sections 7630 through 7638.

A. Reference Documents

The following regulations applicable to the operation of the Elderly Nutrition Program

are available through the California Department of Aging website, www.aging.ca.gov,

under Laws/Regulations/Policies.

California Code of Regulations

California Retail Food Code

California Retail Food Code: Grandfather Clause for Pre-existing, Non-

conforming Structures & Equipment

Older Americans Act, as Amended 2006

Code of Federal Regulations

United States Code (USC) Title 42, Chapter 35 – Programs for Older Americans

California Welfare and Institutions Code

HACCP (Hazard Analysis and Critical Control Point Principles and Application)

Guidelines are available through the US Food and Drug Administration website,

www.fda.gov/Food/FoodSafety

B. Definitions

The following definitions apply to the Elderly Nutrition Program:

1. CRFC means California Retail Food Code; also, commonly referred to as Cal-

Code, which replaced CURFFL (California Uniform Retail Food Facilities Law)

on July 1, 2007. CRFC is the uniform statewide health and sanitation standard for

food facilities, found in Section 113700 et seq. of the California Health and Safety

Code.

2. HACCP means Hazard Analysis Critical Control Point. A HACCP Plan is a written

document that delineates formal procedures for following the HACCP principles

that were developed by the National Advisory Committee on Microbiological

Criteria for Foods and complies with the requirements of Section 114055, Health

and Safety Code.

3. Meal Goal means the number of meals the Subrecipient will provide to eligible

clients. These meals may be provided through the Title III C-1 Congregate Meal

program or the Title III C-2 Home Delivered Meal program.


Attachment C

Page 56 of 106

4. Nutrition Screening means completion of a nutrition screening checklist by

eligible individuals to determine if they are at nutrition risk. A nutrition screening

checklist is a federal public information collection requirement in the National

Aging Program Information System (NAPIS).

5. Nutrition Services Incentive Program (NSIP) means the additional funding for

nutrition services awarded to states based on the number of meals served in the

prior year and available appropriation. NSIP funds shall be used to purchase food

used in the ENP. NSIP funds shall not be used to meet cost sharing or as matching

funds for any other federal program.

6. Registered Dietitian means a person who shall be both:

a) Qualified as specified in Sections 2585 and 2586, Business and Professions

Code; and

b) Registered by the Commission on Dietetic Registration.

7. Unduplicated Client Goal means the number of new eligible clients the

Subrecipient will provide nutrition services to via the Title III C-1 or the Title III

C-2 program.

8. Wait List means a list of potential Title III C-2 clients, established and maintained

by the Subrecipient, after the Subrecipient has reached its capacity.

C. Program Description

1. Purpose – The purpose of the ENP is to provide nutrition services as described in

the Older Americans Act (OAA) of 1965, as amended, and to assist older adults in

California to live independently, by promoting better health through improved

nutrition, and reduced isolation through programs coordinated with nutrition-

related supportive services.

2. Definition – Nutrition Services means the procurement, preparation, transport, and

service of meals, nutrition education, nutrition screening, and nutrition counseling,

to eligible individuals at congregate sites.

3. Goals – to maintain or improve the physical, psychological, and social well-being

of older adults, by providing or securing appropriate nutrition services.

4. Objectives:

a) Give preference to older adults in greatest economic or social need with

particular attention to low-income minority individuals;

b) Serve meals that provide one-third (1/3) of the Dietary Reference Intakes

(DRIs), are safe, of good quality, and at the lowest reasonable cost;

c) Promote and maintain high food safety and sanitation standards;


Attachment C

Page 57 of 106

d) Promote good health behaviors through nutrition education and nutrition

screening of participants;

e) Promote or maintain coordination with other nutrition-related supportive

services for older adults;

f) Maintain or increase the number of meals served consistent with funding levels

and inflation;

g) Promote increased cost effectiveness through improved program and food

service management; and,

h) Enable older adults to remain independent and at home for as long as possible,

avoiding premature institutionalization.

D. General Requirements of the Elderly Nutrition Program

Each Elderly Nutrition Program shall:

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

2. Serve meals at least five (5) days per week throughout the service area, but not

necessarily five (5) days per week at each site.

3. Operate at a lesser frequency in a service area where such frequency is not feasible,

and a lesser frequency is approved by the County.

4. Establish procedures 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.

5. Comply with the CRFC and the local health department regarding safe and sanitary

preparation and service of meals.

6. Comply with the Division of Occupational Safety and Health (Cal/OSHA),

California Department of Industrial Relations requirements regarding staff and

participant safety.

7. Comply with all applicable requirements of Program Memoranda issued by the

California Department of Aging. Program Memoranda are located on the CDA

website at http://www.aging.ca.gov/PM/PM_index.asp

8. At a minimum, quarterly monitor for safe food handling and sanitation practices of

food facilities.

9. Conduct a nutrition screening of congregate and home delivered meal participants

in accordance with federal requirements found in Section 339 of the OAA (42

U.S.C. 3030g-21).


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10. 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).

11. 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.

12. Have a written grievance process that is consistent with the grievance process of

the County, for reviewing and attempting to resolve complaints by ENP participants

against the service provider. Home-delivered meals clients will be advised of the

process either orally or in writing upon the provider’s contact with the client.

Notification of the process shall be posted in visible and accessible areas, such as

the bulletin boards of congregate nutrition sites.

13. Subrecipient shall ensure all data is collected for the unmet need, as requested by

CDA and/or County. Subrecipient must develop and implement a Wait List policy

and procedure. The policy and procedure must include provisions for:

Pre-screening individuals to determine eligibility;

Managing applicants’ placement on and removal from Wait List;

Periodically reviewing the eligibility and identified needs of applicants on

the Wait List; and

Assigning priority for enrollment based on Wait List

E. Staffing

The following staff is required for the Elderly Nutrition Program: Manager, Paid Staff

and Volunteers, and a Registered Dietitian.

1. Manager or Director:

a) The ENP provider shall have a manager on staff who shall conduct the day-to-

day management and administrative functions of the ENP, and must either:

i. 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,

ii. 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,

iii. Two years’ experience managing food services. Such experience shall be

verified and approved by a registered dietitian prior to hire.


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b) The ENP provider shall maintain documentation on file of the qualifications of

the program manager.

2. Paid Staff/Volunteers:

a) There shall be sufficient qualified paid staff or volunteer staff with the

appropriate education and experience to carry out the requirements of the ENP.

The total number of staff should be based on the method and level of services

provided and size of the service area.

b) Providers are encouraged to hire multi-lingual/multi-cultural staff to increase

low-income and ethnic minority program participation in accordance with

federal mandates.

c) Providers shall recruit for vacant positions in an open and competitive

application process free of discriminatory questions. Written job descriptions

for all paid and volunteer staff shall be maintained.

d) Preference shall be given to hiring older individuals, subject to the

qualifications of the position.

e) Providers shall complete a written work performance evaluation on all paid and

volunteer staff annually.

f) At least one staff person per congregate site must possess ServSafe certification.

At least one staff person per HDM site must possess at minimum a food handler

card.

g) Volunteers shall be recruited and used in any phase of the programs’ operations

where qualified.

h) Volunteers shall receive the same training as paid staff.

i) Providers shall maintain a written volunteer policy that describes how

volunteers are recruited and screened, what topics they are taught at orientation,

and how often their performance is evaluated.

3. Registered Dietitian:

a) Each ENP provider shall establish and administer nutrition services with the

advice of a registered dietitian, who will perform the following activities to

meet the mandated requirements:

i. At a minimum, quarterly monitor for safe food handling and sanitation

practices of all food production facilities, home-delivered meal programs,

and congregate meal sites. Annual monitoring will be done of one route per

home-delivered meal program. The Nutrition Site Monitoring Report will

be used for the quarterly monitoring. The forms will be supplied by County.

ii. Review and approve the content of staff training prior to presentation, to

ensure required topics are included annually.

iii. Develop, or review and approve the cycle menus, certifying that all meals

comply with nutrition requirements specified in Title 22, Division 1.8,

Section 7638.5.

iv. Provide input, review, and approve the Nutrition Education Plan prior to

presentation.


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v. Provide technical support and assistance as needed.

F. Staff Training Activities

1. A yearly written staff training plan shall be developed, implemented, and

maintained on file by the ENP provider, as required in Title 22, Division 1.8,

Section 7636.7(c).

2. The provider’s registered dietitian shall review and approve the content of the staff

training plan prior to submittal to the County.

3. The staff training plan must identify who is to be trained, who will conduct the

training, content of the training, and when it is scheduled.

4. Persons who provide food safety training must have a current food safety

certificate. (CRFC 113949.2)

5. A copy of the staff training plan that has been approved by the provider’s registered

dietitian must be submitted to County by July 15 of the fiscal year in which it is

being provided. The County registered dietitian will review and approve the staff

training plan and return it to the provider. The County-approved staff training plan

must be kept on file.

6. A minimum of four (4) hours of staff training shall be provided annually for paid

and volunteer food service staff, including home-delivered meal and congregate

meal staff.

7. Training sessions shall be evaluated by those receiving the training.

8. ENP providers shall maintain documentation of each training session on file.

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

completed evaluations.

9. All staff, paid and volunteer, shall be oriented and trained to perform their assigned

responsibilities and tasks. Training, at a minimum, shall include:

a) Food safety, prevention of food borne illness, and HACCP principles.

b) Accident prevention, instruction on fire safety, first aid, choking, earthquake

preparedness, and other emergency procedures.

c) Elder abuse law and reporting procedures.

G. Menu Planning Guidelines/Menu Requirements

1. A minimum cycle of four weeks of menus shall be planned and submitted to

County.


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

3. Health, cultural, ethnic and regional dietary practices shall be considered in menu

planning, food selection, and meal preparation.

4. The menu cycle shall be approved by the provider’s registered dietitian and

forwarded to the County registered dietitian for certification. Menus shall be

submitted to the County Registered Dietitian a minimum of thirty (30) days prior

to the menu start date. ENP providers are required to have menus certified prior to

the menu start date. All signatures on the menu shall be original signatures.

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

congregate site. Menus shall be legible and easy to read in the language of the

majority of the participants. (Title 22, Division 1.8, Section 7638.5.)

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

7. When planning the menus, the California Food Guide and the Dietary Guidelines

for Americans (DGA) are to be considered. Menus shall conform to the age-

appropriate criteria referenced in the sources.

8. Meal Component/Nutrient Analysis:

a) A meal component/nutrient analysis of the entire menu cycle conducted and/or

approved by a registered dietitian shall be done to ensure compliance with Title

22, Division 1.8, Section 7638.5.

b) Providers shall comply with mandatory maintenance of labels for all food/food

additives containing any fat, oil, or shortening, and the ban of oil, shortening or

margarine containing artificial trans fat. (CRFC 114377)

H. Food Procurement

1. Food procurement procedures shall comply with CRFC standards and HACCP


2. All food shall be of good quality and shall be obtained from sources that conform

to federal, State, and local regulatory standards for quality, sanitation, and safety;

whether prepared on-site, frozen, non-perishable, boxed or catered.

3. To the extent possible, providers are encouraged to participate in group food

purchasing.

4. A comparative cost analysis shall be performed either by the ENP provider or its

group purchasing organization on an on-going basis to obtain the highest quality

food for the lowest price available.


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I. Food Storage

1. Food storage procedures shall comply with CRFC standards, and HACCP


J. Food Production

1. Food production procedures shall comply with Title 22, CRFC standards, and

HACCP principles guidelines.

2. Food production and meal service shall be under the supervision of a staff person

trained in food service management to ensure food service sanitation and the

practices of hygienic food handling techniques are followed. This person shall

function with the advice of the provider’s registered dietitian.

3. Meals shall be served as indicated on the certified menus. In the event that a menu

substitution must occur, the following procedure must be followed:

a) The provider’s Registered Dietitian must approve all menu substitutions.

b) A menu substitution form must be completed and signed by the provider’s

Registered Dietitian.

c) The completed menu substitution form shall be kept on file for County review.

4. Production Control:

a) Production schedules or worksheets must be available in the food preparation

area.

b) Food shall be prepared in sufficient quantities to serve all participants. Careful

planning shall minimize the leftover food and prevent waste.

c) Standardized recipes shall be used to ensure consistency of quality and quantity

and adherence to menu guidelines.

d) Appropriate utensils for correct and consistent portion control shall be available

and used at each site.

5. Meal Service/Temperature Monitoring:

a) All food for congregate sites and home delivered meals shall be packaged and

transported in a manner in which it is protected from potential contamination

and maintains appropriate hot and cold food temperatures.

b) Meals shall be served to seniors as “offer versus serve” – meaning participants

are to be given an opportunity to decline a menu item.

c) Temperature Checks:

i. All hot, cold, and frozen potentially hazardous meal components, including

milk, shall be checked daily immediately prior to dispatch from the central

kitchen.


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ii. All hot, cold, and frozen potentially hazardous meal components, including

milk, shall be checked at satellite congregate sites upon delivery and at all

congregate sites immediately before meal service.

iii. The ENP provider must have written procedures for monitoring food

temperature.

iv. The ENP provider must use a form to document food temperatures daily

(i.e. Food Temperature Log).

v. The ENP provider shall have a staff member review the completed Food

Temperature Logs at random a minimum of every other month. If problems

are discovered, an action plan must be developed to resolve the issue.

vi. Documentation of temperatures for hot/cold foods at the end of each HDM

route delivery are required on a monthly basis.

vii. All completed Food Temperature Logs must be maintained on file for

County review.

d) To maintain quality in prepared foods, holding times shall be kept to a

minimum. Holding time shall not exceed 2 hours outside temperature control.

e) Milk and milk products shall be provided in individual, commercially filled

containers, or shall be poured by a staff member directly from commercially

filled bulk containers into the glass or cup from which it is consumed.

f) Single service utensils and tableware shall be used one time only and then

discarded.

g) Safety of the food after it has been served at the congregate site and then

removed by the participant from the congregate site is the sole responsibility of

the participant and may be consumed by the participant as he/she deems it

appropriate.

h) The provider shall have a sign posted in the congregate site stating, “Food

removed from the congregate site is at your own risk.”

K. Food Service Requirements

The ENP provider shall ensure that the following forms are available, completed daily,

and maintained at each nutrition site for a minimum of 12 months:

1. Food Temperature Log – one should be available for congregate meals and home

delivered meals if hot or cold foods are delivered to the client.

2. Cleaning Schedule.

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

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

5. The current Environmental Health Inspection Report shall be available at the site

for review.


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L. Program Requirements

1. Confidentiality of Client Information: ENP providers shall ensure that

information about, or obtained from a participant’s records, shall be maintained in

a confidential manner.

2. Outreach/Marketing Activities:

a) ENP providers are required to provide outreach in the community through

community organizations and other groups. All outreach and marketing

activities shall be documented and kept on file for the annual monitoring visit

conducted by County.

b) ENP providers shall develop and have handouts, brochures, and/or signs

available in languages other than English and posted in locations such as

churches, community service locations, and small stores serving the minority

communities.

3. Emergency Procedures:

a) ENP providers shall have a written Emergency/Disaster Plan.

b) Each nutrition site shall have an evacuation plan posted identifying the

emergency exits and assembly areas.

c) Staff and volunteers must be knowledgeable of emergency procedures.

d) Where feasible and appropriate, ENP providers shall make arrangements for the

availability of meals to participants during a major disaster, as defined in 42

U.S.C., Chapter 68, Section 5122 (2). Such arrangements shall be included in

the Emergency/Disaster Plan.

4. Donations and Confidentiality:

a) An Eligible individual who receives a meal shall be given the opportunity to

contribute to the cost of the meal.

b) The ENP provider shall develop a suggested contribution/donation amount.

When developing this contribution/donation amount, the income ranges of the

older adults in the community and the provider’s other sources of income shall

be considered.

c) A sign indicating the suggested contribution for eligible individuals and the fee

for guests shall be posted near the contribution container at each congregate

meal site. A guest fee shall cover all meal costs.

d) No eligible individual shall be denied participation because of failure or

inability to contribute.

e) The provider shall ensure that the amount of the eligible participant’s

contribution is kept confidential.

f) All contributions and fees shall be identified as program income and used to

increase the number of meals served, to facilitate access to such meals, and to

provide nutrition-related supportive services.


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5. Coordination:

a) If applicable, develop a fair and equitable policy and procedure for referring

participants to the appropriate transportation provider for securing public

transportation to and from nutrition sites and have the policy available for

review by County.

b) Coordinate service with other County departments and local agencies by

providing time for presentations or special activities that promote a community-

based system of care for the participants attending nutrition sites.

6. Reporting:

a) All fiscal and program data must be reported monthly (i.e. Request for

Reimbursement, Rosters, Monthly Service Unit Report, etc.). All reports are

due to County by the 15th day of the month following the month of service.

County will provide training as needed.

b) The provider shall maintain support files including, but not limited to, invoices,

payroll, Client Intake Sheets, and any other supporting documents to

substantiate monthly reports.

c) ENP providers are required to report all known or suspected cases of elder abuse

to County Adult Protective Service or law enforcement immediately by

telephone. A written report must be sent within two (2) working days. Abuse

of an elder or dependent adult means physical abuse, neglect, intimidation, cruel

punishment, fiduciary abuse, abandonment, isolation, or other treatment

resulting in physical harm or pain or mental suffering or the deprivation by a

care custodian of goods or services which are necessary to avoid physical harm

or mental suffering.

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

e) Develop and have on hand for review by County, a cost allocation plan that

explains the methods used to allocate costs between congregate meals, home-

delivered meals, and any other program funded by County.

f) Other Reporting Requirements:

i. A&D (Aging & Disability):

Providers shall have dedicated staff responsible for maintaining the

client tracking software, an Internet Service Provider and the

appropriate hardware that can support the program. Providers shall be

responsible for the following A&D data entry by the 15th day of the

month following the month of service:

Client Intake Sheets for any new clients or any annual or quarterly

assessments completed in the month

Updating A&D with new clients

Adding service units to client records

ii. Reporting Provisions Specific to Title III C-2


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The Subrecipient shall provide quarterly data about their FY 2020-21 Title III C-2

Wait List(s), using a template provided by the County, via email to

[email protected]. The categories may include, but are not limited

to the following:

Number of unduplicated clients on the Wait List

Number of unduplicated clients removed from the Wait List

Number of new unduplicated clients added to the Wait List

7. Disposal of Equipment:

a) Provider shall submit a list of equipment purchased with grant funding by

location.

b) If the Provider wishes to dispose of equipment purchased with Nutrition grant

funding, they must submit a request, in writing, to County. The request shall

state the equipment description, the location of the equipment, and the reason

for disposal.

IV. ENP: CONGREGATE MEALS EXPECTATIONS & REQUIREMENTS

A. Requirements for Nutrition Services

1. Each congregate meal provider shall:

a) Include procedures for obtaining the views of participants about the services

received.

b) Not preclude the service of a meal to a participant who has failed to make a

reservation when food is available.

c) Provide the opportunity for each congregate meal participant to complete the

relevant sections of the client intake sheet by the third day of beginning meal

service and annually thereafter.

d) Maintain appropriate documentation on each client. Documentation shall be

kept on file to be monitored by County.

e) Ensure the accuracy and authenticity of the number of eligible participant meals

served each day.

2. Each congregate meal site shall meet all of the following:

a) 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 ENP

activities are taking place.

b) Have restrooms, lighting, and ventilation, which meet the requirements of

CRFC.

c) Have equipment, including tables and chairs that are sturdy and appropriate for

older adults. Tables shall be arranged to assure ease of access and encourage

socialization.


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participants in congregate meal programs.

a) Nutrition Education for congregate sites is defined as demonstrations,

presentation, lectures or small group discussions, all of which may be

augmented with printed materials.

2. Nutrition Education shall be based on the particular needs of congregate meal





implemented.


V. ENP: HOME-DELIVERED MEALS EXPECTATIONS & REQUIREMENTS

A. Each home-delivered meal provider shall:

1. Develop and implement criteria to assess the level of need for home-delivered

nutrition services of each eligible participant. Providers shall prepare a sample

Client Intake Sheet for approval by County.

a) An initial determination of eligibility may be accomplished by telephone.

b) A written assessment shall be done in the home within two (2) weeks of

beginning meal service and shall include an assessment of the type of meal

appropriate for the participant in their living environment.

c) An older adult eligible for receiving home-delivered meals shall be assessed for

need of nutrition-related supportive services and referred as necessary.

d) Re-assessment of need shall be determined quarterly. Such re-assessment shall

be done in the home of the participant at least every other quarter.

2. Provide home-delivered meals in pre-packaged trays.

3. Provide written instructions for handling and re-heating of the meals.

4. Establish a waiting list for home-delivered meals whenever the home-delivered

meal providers are unable to provide meals to all eligible older adults. The decision

to place eligible recipients of a home-delivered meal on a waiting list, and their

position on such a list, shall be based on greatest need and/or in accordance with


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policy established by the home-delivered meal provider, in consultation with

County.

5. Maintain appropriate documentation on each client. Documentation shall be kept

on file to be monitored by County.



participants in home-delivered meal programs.

a) Nutrition Education for home-delivered meal participants may consist solely of

printed material.

2. Nutrition Education shall be based on the particular needs of home-delivered meal





implemented.


VI. AMERICAN RESCUE PLAN ACT (ARPA) ELDERLY NUTRITION PROGRAM

SERVICE LEVELS

Each Congregate Meals and Home-Delivered Meals provider shall:

1. Offer additional meals to all participants for extended weekends or periods of

anticipated business closures due to County-recognized holidays.

2. Provide requested additional meals to participants to cover extended closures due to

County-recognized holidays and ensure no program participant go without food. For

example: including an additional meal on a Friday delivery, if provider services will

not be offered the following Monday due to a holiday closure.

3. Plan for additional meal deliveries, especially for extended weekends or holiday-

related closures.

4. For planning purposes, extended weekends and closures due to a County-recognized

holiday means a minimum closure of three (3) calendar days. See General

Requirements, Hours of Operation and Schedules, Holiday Operation and Schedules

for a list of approved County holidays.


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VII. ENP: ADDITIONAL ELIGIBLE SERVICES EXPECTATIONS &

REQUIREMENTS

A. Scope of Services

The Subrecipient is allowed to implement the following additional eligible services

under the Elderly Nutrition Program based on available funding and approval from the

Office on Aging:

1. Optional Home-Delivered Weekend Meals – Optional Home-Delivered

Weekend Meals are frozen or fresh meals offered to Home-Delivered Meals

participants upon assessment of their nutrition risk. All Optional Home-Delivered

Weekend Meals must meet a minimum one-third of the Dietary Reference Intake,

shall comply with dietary guidelines for Americans, and shall be accompanied with


2. Take Home Meals – Take Home Meals are offered to congregate meal participants

who are eligible to take home a second meal to be consumed at a later time. The

congregate meal participant must have a high score on the Nutrition Risk

Assessment in order to participate in the Take Home Meals program. All Take

Home Meals must meet a minimum one-third of the Dietary Reference Intake, shall

comply with dietary guidelines for Americans, and shall be accompanied with


3. Emergency Shelf-Stable Meals – Emergency Shelf-Stable Meals are offered to

participants of both Congregate and Home-Delivered Meals programs and must

meet a minimum one-third of the Dietary Reference Intake, shall comply with

dietary guidelines for Americans, and shall be accompanied with instructions for

safe storage and reheating. Emergency shelf stable meals are not to be used in place

of Emergency Earthquake Meals.

B. Requirements

The Subcontractor will be responsible for tracking the units of service under these

additional eligible services and reporting it to the Office on Aging. Other additional

eligible services under the Elderly Nutrition Program may be considered and approved

by the Office on Aging.

VIII. IIIB SUPPORTIVE SERVICES PROGRAMS EXPECTATIONS &

REQUIREMENTS (Adult Day Care, Case Management, In-Home Services, and

Transportation)

A. Definitions


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1. Eligible Service Population for Title III-B means individuals sixty (60) years of

age or older, with emphasis on those in greatest economic and social need with

particular attention to low-income minority older individuals, older individuals

with Limited English Proficiency (LEP), and older individuals residing in rural

areas. [OAA § 305 (a)(2)(E); 22 CCR 7119, 7125, 7127, 7130, 7135 and 7638.7].

2. Priority Services for Title III-B 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.

3. Program Requirements means Title III program requirements found in the OAA

[42 USC 3001-3058]; the Code of Federal Regulations [45 CFR 1321]; the

California Code of Regulations [22 CCR 7000 et seq.] and CDA Program

Memoranda, and California Retail Food Code (CRFC).

4. Title III-B (Supportive Services) means a variety of services including, but not

limited to: personal care, homemaker, chore, adult day care, adult day health care,

case management, assisted transportation, transportation, legal assistance,

information and assistance, outreach, 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 National

Aging Programs Information Systems (NAPIS) categories and the National

Ombudsman Reporting System (NORS). [OAA § 321(a)]

5. Adult Day 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 typically include social and recreational

activities, training, and counseling.

6. Case Management means assistance either in the form of access coordination in

circumstances where the older person is experiencing diminished functioning

capacities, personal conditions or other characteristics, which require the provision

of services by formal service providers or family caregivers. Activities of case

management include such practices as assessing needs, developing care plans,

authorizing and coordinating services among providers, and providing follow-up

and reassessment, as required.

7. In-Home Services means Personal Care, Homemaker, and Chore services to

provide assistance for frail older adults who otherwise could not remain in their

homes


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a) Personal Care: Personal assistance, stand-by assistance, supervision or cues

(such as with eating, bathing, toileting, transferring in/out of bed/chair, walking,

dressing, grooming).

b) Homemaker: Assistance such as preparing meals, shopping for personal and

household items, managing money, using the telephone or doing light

housework.

c) Chore: Assistance such as heavy housework, yard work or sidewalk and other

home maintenance for an older adult.

8. Transportation means transportation from one location to another. Does not

include any other activity. May include travel vouchers and transit passes.

B. Scope of Services – Adult Day Care















C. Scope of Services – Case Management









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5. Ensure that staff make regular (monthly or quarterly) contact over-the-phone and/or

in-person with clients to conduct whole person assessments (health/medical, social,

psychological, home/environmental, nutritional well-being) based on areas of

concern/need as identified in the care plan and to inquire about:

a) Changes in conditions and functional capabilities.

b) Follow-up on completion status of rendered supplemental services.

c) Contact made with medical professionals and the reason(s) for the contact.

d) Information regarding recent hospitalizations/SNF admittance, if applicable.

6. When services have been rendered, based on the cognition of the client, conduct

follow-up phone calls with the clients and/or family caregiver within five (5)

business days to ensure that services were received, and needs were met.

7. Ensure that staff document client case notes each time a contact is made with the

client.

8. Ensure that staff are regularly linking clients with supplemental services and

providing referrals to other program within the community that could also assist in

meeting their needs.

D. Scope of Services – In-Home Services












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E. Scope of Services – Transportation















5. Provide transportation to the eligible service population in areas where

transportation is otherwise limited or unavailable. Transportation locations may

include but not be limited to the following:

Congregate sites

Financial institutions

Groceries

IX. REPORTING PROVISIONS – AMERICAN RESCUE PLAN ACT

The Subrecipient shall (1) track the number of service units provided, the number of people

served, and expenditures; and (2) submit this data to OoA and/or CDA as directed.

X. REPORTING PROVISIONS – GENERAL




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services.






XI. TRANSITION PLAN






provider.








regulations.

7. A plan for adequate staff to provide continued care through the term of the Contract.

[22 CCR 7206(e)(4)]


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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.





transition plan.





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1. COMPENSATION:


$2,725,272 for the period of 12-months (October 1, 2021 – September 30, 2022) as set

forth in Attachment A Scope of Services attached hereto and incorporated herein by

reference. The Subrecipient agrees to accept the specified compensation as set forth in this

Contract as full remuneration for performing all services and furnishing all staffing and

materials required, for any reasonably unforeseen difficulties which may arise or be

encountered in the execution of the services until acceptance, for risks connected with the

services, and for performance by the Subrecipient of all its duties and obligations

hereunder. The County shall have no obligation to pay any sum in excess of the total

Contract amount specified unless authorized by an amendment in accordance with

Paragraphs C and P of the County’s General Terms and Conditions.

2. PAYMENT TERMS:








Subrecipient.










Program Invoice(s):




Santa Ana, CA 92701


Attachment C

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J. Total























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compliance.





Maximum Obligation.











County.



discretion.



7. CONTRIBUTIONS










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9. INTEREST EARNED







apply:









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BUDGET SCHEDULE

Meals on Wheels Orange County

ARPA Act Programs



ARPA Act: Adult Day Care


Personnel $0


Equipment $0


Other Costs $0

Indirect Costs $0



Cash $0

In-Kind $15,069

Total Match $15,069

ARPA Act: Congregate Meals


Personnel $384,349


Equipment $0

Food $300,000

Consultant/Professional Services $0

Other Costs $100,000

Indirect Costs $0



Cash $0

In-Kind $78,435

Total Match $78,435


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ARPA Act: Home-Delivered Meals


Personnel $197,616


Equipment $0

Food $718,656


Other Costs $0

Indirect Costs $0

Total Budgeted Costs $1,176,272


Cash $0

In-Kind $117,627

Total Match $117,627

ARPA Act: Case Management


Personnel $204,654


Equipment $0


Other Costs $0

Indirect Costs $0



Cash $0

In-Kind $20,465

Total Match $20,465

ARPA Act: In-Home Services


Personnel $0


Equipment $0



Indirect Costs $0



Attachment C

Page 82 of 106


Cash $0

In-Kind $17,737

Total Match $17,737

ARPA Act: Transportation


Personnel $0


Equipment $0



Indirect Costs $0



Cash $0

In-Kind $23,194

Total Match $23,194












Contract:





for each program.




Attachment C

Page 83 of 106


program.



i) Indirect Costs.


Attachment C

Page 84 of 106

STAFFING PLAN

Community SeniorServ Inc., dba Meals on Wheels Orange County


I. ARPA Act – Adult Day Care Title FTE*

Volunteers 0.56

TOTAL: 0.56

II. ARPA Act – Case Management

Title FTE*

CEO 6101 – C1 0.05

VP of Finance 6101 – C1 0.07

VP Advancement 6102 – C1 0.09

Community Relations 6102 – C1 0.18

Executive Director Social Services 6103 – C1 0.12

Data Coordinator 6103 – C1 0.28

Social Services Manager 6103 – C1 0.27

Controller 6104 – C1 0.14

Admin/Accounting 6104 – C1 0.23

Program Staff 6114 – C1 0.45

Volunteer Director/Coordinator 6110 – C1 0.24

Kitchen Management 6141 – C1 0.22

Kitchen Staff 6142 – C1 0.34

Drivers 6146 – C1 0.44

Congregate Manager 6103 – C1 0.27

Volunteers – C1 0.76

TOTAL: 4.15

III. ARPA Act – Congregate Meals

Title FTE*

Admin/Accounting 6104 1.18

Program Staff 6114 1.94

Kitchen Management 6141 0.56

Kitchen Staff 6142 3.03

CEO 6101 0.18

VP of Finance 6101 0.27

Volunteers 2.90

TOTAL: 10.06


Attachment C

Page 85 of 106

IV. ARPA Act: Home-Delivered Meals Title FTE*

CEO 6101 0.18

VP of Finance 6101 0.27

VP Advancement 6102 0.17

Community Relations 6102 0.33

Volunteers 6.11

TOTAL: 7.06

V. ARPA Act - In-Home Services Title FTE*

Volunteers – C1 1.71

TOTAL: 1.71

VI. ARPA Act - Transportation Title FTE*

N/A 0.00

TOTAL: 0.00

*1.00 FTE = Full-Time Equivalent

The substitution or addition of other key individuals in any given category or classification shall

be allowed only with prior written pre-approval of the County Project Manager.

The County may reserve the right to involve other personnel, as their services are required. The

specific individuals will be assigned based on the need and time of the service/class required.

Assignment of additional key personnel shall be subject to County approval.


Attachment C

Page 86 of 106

AGENCY NAME: COMMUNITY SENIORSERV DBA MEALS ON WHEELS OC -

AREA 1 FISCAL YEAR: 2021-2022


CONTRACT #: MA-012-22011189

DATE:


PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY

DESCRIPTION OF SERVICE

UNITS

Elderly Nutrition

Program

283,151 # of Congregate

Meals

600 Registered Congregate Meals (1 Meal): A meal

provided to an eligible individual in a

congregate group setting, that meets all of

the requirements of the Older Americans

Act and State/Local laws and assures a

minimum one-third of the Dietary

Reference Intake and shall comply with

Dietary Guidelines for Americans.

123,480 # of Home-

Delivered Meals

60 Home-Delivered Meals (1 Meal): A meal

provided to an eligible individual in his or

her place of residence, that meets all of the

requirements of the Older Americans Act

and State/Local laws and assures a




990 # of Nutrition

Education

Sessions

(Congregate)

30 Non-Registered Nutrition Education (1 Session per

Participant): A program to promote better

health by providing accurate and culturally

sensitive nutrition, physical fitness, or

health (as it relates to nutrition)

information and instruction to participants,

caregivers, or participants in a group or


individual of comparable expertise.

Methods of education may include

demonstrations, audiovisual

presentations, or small group discussions

for congregate program participants.

Handout materials may be used, but not

limited to, as the sole education component

for home-delivered meal program

participants. Nutrition Education is

required quarterly per congregate site and

per home-bound participant.

60 # of Nutrition

Education

Sessions (Home

Delivered)

6

Case Management

0 # of Case

Management

Hours

0 Registered Case Management (1 Hour): Assistance

in the form of access coordination in

circumstances where the older person is

experiencing diminished functioning


characteristics, which require the provision

of services by formal service providers or

family caregivers. Activities of case

management include such practices as

assessing needs, developing care plans,

providing follow-up and reassessment as


monitoring services provided to

participants.


Attachment C

Page 87 of 106

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

In-Home Services

0 # of Personal

Care Hours

0 Registered Personal Care (1 Hour): Personal

assistance, stand-by assistance, supervision

or cues (such as with eating, bathing,

toileting, transferring in/out of bed/chair,

walking, dressing, grooming).

0 # of Homemaker

Hours



household items, managing money, using

the telephone or doing light housework.

0 # of Chore Hours 0 Chore (1 Hour): Assistance such as heavy

housework, yard work or sidewalk and

other home maintenance for an older adult.

Transportation 0 # of One-Way

Trips

0 Non-Registered Transportation (1 One Way Trip): Transportation from one location to

another. Does not include any other

activity. May include travel vouchers and

transit passes.


Attachment C

Page 88 of 106

AGENCY NAME: COMMUNITY SENIORSERV DBA MEALS ON WHEELS OC -

AREA 2 FISCAL YEAR: 2021-2022


CONTRACT #: MA-012-22011189

DATE:


PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

Elderly Nutrition

Program

123,880 # of Congregate

Meals

400 Registered Congregate Meals (1 Meal): A meal

provided to an eligible individual in a

congregate group setting, that meets all of

the requirements of the Older Americans

Act and State/Local laws and assures a




54,810 # of Home-

Delivered Meals

40 Home-Delivered Meals (1 Meal): A meal

provided to an eligible individual in his or

her place of residence, that meets all of the

requirements of the Older Americans Act

and State/Local laws and assures a




660 # of Nutrition

Education

Sessions

(Congregate)

20 Non-Registered Nutrition Education (1 Session per

Participant): A program to promote better

health by providing accurate and culturally

sensitive nutrition, physical fitness, or

health (as it relates to nutrition)

information and instruction to participants,

caregivers, or participants in a group or


individual of comparable expertise.

Methods of education may include

demonstrations, audiovisual

presentations, or small group discussions

for congregate program participants.

Handout materials may be used, but not

limited to, as the sole education component

for home-delivered meal program

participants. Nutrition Education is

required quarterly per congregate site and

per home-bound participant.

40 # of Nutrition

Education

Sessions (Home

Delivered)

4

Case Management

0 # of Case

Management

Hours

0 Registered Case Management (1 Hour): Assistance

in the form of access coordination in

circumstances where the older person is

experiencing diminished functioning


characteristics, which require the provision

of services by formal service providers or

family caregivers. Activities of case

management include such practices as

assessing needs, developing care plans,

providing follow-up and reassessment as


monitoring services provided to

participants.


Attachment C

Page 89 of 106

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

In-Home Services

0 # of Personal

Care Hours

0 Registered Personal Care (1 Hour): Personal

assistance, stand-by assistance, supervision

or cues (such as with eating, bathing,

toileting, transferring in/out of bed/chair,

walking, dressing, grooming).

0 # of Homemaker

Hours



household items, managing money, using

the telephone or doing light housework.

0 # of Chore Hours 0 Chore (1 Hour): Assistance such as heavy

housework, yard work or sidewalk and

other home maintenance for an older adult.

Transportation 0 # of One-Way

Trips

0 Non-Registered Transportation (1 One Way Trip): Transportation from one location to

another. Does not include any other

activity. May include travel vouchers and

transit passes.


Attachment C

Page 90 of 106

AGENCY NAME: COMMUNITY SENIORSERV DBA MEALS ON WHEELS OC FISCAL YEAR: 2021-2022

PROGRAM NAME(S): Adult Day Care

CONTRACT #: MA-012-22011189

DATE:


PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

Adult Day Care 0 # of Day Care

Hours

0 Registered Adult Day Care (1 Hour): 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 typically

include social and recreational activities,

training, counseling, and other services.


Attachment C

Page 91 of 106


A. Subrecipient Name: Community SeniorServ, Inc. dba Meals on Wheels Orange

County


C. Federal Award Identification Number (FAIN): 2101CASSC6-00, 2101CACM6-00,

and 2101CAHD6-00



F. Total Amount of Federal Funds Obligated by the Action: $ 2,725,272

CFDA FAIN Award Date Formula Funds Amount

93.044 2101CASSC6-00 2021 ARP Act $ 0

93.044 2101CASSC6-00 2022 ARP Act $ 764,651

93.045 2101CACM6-00 2021 ARP Act $ 0

93.045 2101CACM6-00 2022 ARP Act $ 784,349

93.045 2101CAHD6-00 2021 ARP Act $ 0

93.045 2101CAHD6-00 2022 ARP Act $ 1,176,272

TOTAL: $ 2,725,272

G. Total Amount of Federal Funds Obligated to the Subrecipient: $ 2,725,272

H. Total Amount of the Federal Award: $ 2,725,272








M. CFDA Number and Name: #93.044 American Rescue Plan (ARP) for Supportive Services

under Title III-B of the Older Americans Act; Special Programs for the Aging, Title III, Part

B, Grants for Supportive Services and Senior Centers; #93.045 American Rescue Plan (ARP)

for Congregate Meals under Title III-C1 of the Older Americans Act; #93.045 American

Rescue Plan (ARP) for Home Delivered Meals under Title III-C2 of the Older Americans Act;

Special Programs for the Aging, Title III, Part C, Nutrition Services.




Attachment C

Page 92 of 106


Community SeniorServ, Inc. dba Meals on Wheels OC Company/Organization Name












Official’s Name


DocuSign Envelope ID: 112529B0-91E3-4333-AD67-9B5D0F06D19BDocuSign Envelope ID: EF94D967-D980-4D5C-8CCC-5C71DBCAFAF8DocuSign Envelope ID: ACA8E614-3FEA-4790-8F6A-4FEEBE4EA650

Holly Hagler

President & CEO

3/3/2022

Attachment C

Page 93 of 106






Name



Holly Hagler

3/3/2022

President & CEO

Attachment C

Page 94 of 106

















Attachment C

Page 95 of 106











Community SeniorServ, Inc. dba Meals on Wheels OC Grantee/Contractor Organization

Name




Holly Hagler

President & CEO

Attachment C

Page 96 of 106













Attachment C

Page 97 of 106















value:




Signature:

Print Name:

Title:

Telephone No:

Date:


714.220.0224

Holly Hagler

President & CEO

3/3/2022

Attachment C

Page 98 of 106



Reporting Entity:

Page of



Attachment C

Page 99 of 106



Attachment C

Page 100 of 106












ACTION:



Attachment C

Page 101 of 106







Contractor: Community SeniorServ, Inc. dba Meals on Wheels OC

Effective Date: October 1, 2021 – September 30, 2022

Contract #: MA-012-22011189





Date: Date:


Distribution:

Contractor

Auditor Controller

Contract File

Program File


Eric Takanishi

3/3/2022

Attachment C

Page 102 of 106





Attachment C

Page 103 of 106




Attachment C

Page 104 of 106


380 Third Street





Attachment C

Page 105 of 106

Date:

To: Clerk of the Board of Supervisors

From: OCCR/OC Community Services

Re: ASR Control #: , Meeting Date Agenda Item No. #

I certify that the attached fully executed complete agreement (and all exhibits and/or attachments referenced within the agreement) is an exact iteration of the agreement(s) presented to and approved by the Board of Supervisors on the above listed meeting date.

I further certify that I have been authorized to execute said agreement(s) and have personally executed same.

Name Title

______________________________ Signature Date

DocuSign Envelope ID: ACA8E614-3FEA-4790-8F6A-4FEEBE4EA650

Attachment C

Page 106 of 106




FAMILY CAREGIVER SUPPORT PROGRAM SERVICES

BETWEEN

COUNTY OF ORANGE

AND

ST. JUDE HOSPITAL, INC. DBA ST. JUDE MEDICAL CENTER


93.052 2101CAFCC6-00 American Rescue Plan Act for Family

Caregivers under Title III-E of the Older

Americans Act; National Family Caregiver

Support, Title III, Part E

U.S. Department of

Health and Human

Services,

Administration for

Community Living;

U.S. Department of

Treasury

DocuSign Envelope ID: 7D2496AD-A4B7-4D4E-A668-28579FC9FD1BDocuSign Envelope ID: 7068F12A-A21E-4CB6-8B32-376E0C4887C1

Attachment D

Page 1 of 85

Table of Contents

RECITALS .............................................................................................................................................. 6




C. Amendments: ............................................................................................................................. 9


E. Delivery:..................................................................................................................................... 9


G. Warranty: ................................................................................................................................... 9


I. Assignment: ............................................................................................................................. 10


K. Termination: ............................................................................................................................. 10





P. Changes: ................................................................................................................................... 15


R. Force Majeure: ......................................................................................................................... 16




V. Severability: ............................................................................................................................. 16

W. Attorney Fees: .......................................................................................................................... 16









2. Term of Contract: ..................................................................................................................... 19

3. Renewal:................................................................................................................................... 19


Attachment D

Page 2 of 85

4. Headings: ................................................................................................................................. 19










14. Data – Title To: ........................................................................................................................ 21

15. Licenses:................................................................................................................................... 22









24. Subcontracting: ........................................................................................................................ 25


26. Gratuities: ................................................................................................................................. 25


28. Notices: .................................................................................................................................... 26


30. Precedence: .............................................................................................................................. 26





34. Debarment: ............................................................................................................................... 28


36. Fraud: ....................................................................................................................................... 28




Attachment D

Page 3 of 85

39. Indirect Costs: .......................................................................................................................... 29



42. Payments .................................................................................................................................. 32

43. Budget Schedule: ..................................................................................................................... 33


45. Annual Audit: ........................................................................................................................... 33










55. S.W.A.G: .................................................................................................................................. 39



58. Focal Points: ............................................................................................................................. 41


Signature Page ...................................................................................................................................... 42

ATTACHMENTS




Attachment D - Performance Standards

Attachment E – Federal Award Identification

EXHIBITS








Attachment D

Page 4 of 85


with


For


Family Caregiver Support Program Services


Family Caregiver Support Program Services (hereinafter referred to as “Contract”) is made and entered

into as of the date fully executed by and between the County of Orange, a political subdivision of the

State of California; hereinafter referred to as “County” and St. Jude Hospital, Inc. dba St. Jude Medical

Center, a California non-profit Corporation, DUNS No. 787460625, with a place of business at 130 W.

Bastanchury Rd., Fullerton, CA 92835 (hereinafter referred to as “Subrecipient”), with the County and

Subrecipient sometimes referred to as “Party” or collectively as “Parties”.

ATTACHMENTS






Attachment D - Performance Standards

Attachment E – Federal Award Identification







RECITALS


Act of 2021 (ARPA), H.R. 1319 – Family Caregiver Support Program Services under a cost

reimbursement Contract; and











Attachment D

Page 5 of 85




pandemic and a previous competitive Request for Proposal (“RFP”) process for Older American’s Act




1319 – Family Caregiver Support Program Services to the County as further set forth in the Scope of

Services, attached hereto as Attachment A; and






attached hereto as Attachment D; and



1319 – Family Caregiver Support Program Services with the Subrecipient to carry out certain program

services and activities for the Fiscal Years and 2021-22 and 2022-23.


DEFINITIONS






(2 CFR 200.4 and 45 CFR 75.2)





CFR 75.2)






Attachment D

Page 6 of 85



















Attachment D

Page 7 of 85

ARTICLES










































Attachment D

Page 8 of 85
































in the event of:


Contract;





funding sources;




Attachment D

Page 9 of 85












Subrecipient.































Attachment D

Page 10 of 85







through County.




































Attachment D

Page 11 of 85








insured.





















Liability






Attachment D

Page 12 of 85















contributing.
























Attachment D

Page 13 of 85







solicitation.



vendor.




protect County.





all legal remedies.




insurer.

















Attachment D

Page 14 of 85



















remedies.



















thereby.




Attachment D

Page 15 of 85











this Contract.




































Attachment D

Page 16 of 85


is made.





















be required.



Attachment D

Page 17 of 85



County will procure American Rescue Plan Act – Family Caregiver Support Program Services

from Subrecipient as further detailed in the Scope of Services, identified and incorporated herein

by this reference as Attachment A.











such items.





cost of services provided in accordance with this Contract is $233,479, as further detailed in the

Budget Schedule, identified and incorporated herein by this reference as Attachment C.




















Attachment D

Page 18 of 85































purpose.






Contract.





Attachment D

Page 19 of 85























A. Copyrights





















Attachment D

Page 20 of 85



B. Rights in Data:



















statewide basis.




law.


















Attachment D

Page 21 of 85
















herein.



























Attachment D

Page 22 of 85





correction.








































Attachment D

Page 23 of 85


















condition.














in the future.



in the future.










Attachment D

Page 24 of 85



















For County:






For Subrecipient:


Eugene Gutierrez, Chief Financial Officer

130 W. Bastanchury Rd.

Fullerton, CA 92835







of the County.






Attachment D

Page 25 of 85


















under law.



















identify the specific funding source(s) for the Contract and related program; and





Attachment D

Page 26 of 85





Project Manager.













complete.

















permitted by law.








Attachment D

Page 27 of 85

















Contract;







and;











as in-kind.


Attachment D

Page 28 of 85

















listed in Attachment D.





Attachment D as a result of a contingency cost increase. Administrator in its sole

discretion may decrease units of service in Attachment D as a result of a contingency cost




of the following:

















Attachment D

Page 29 of 85



with this Contract.



as specified in Attachment(s) A and D, Administrator may unilaterally reduce the




of this Contract.
































of Aging.


Attachment D

Page 30 of 85



Administrator.




Administrator.











required by OoA;














42. Payments:












Attachment D

Page 31 of 85






























fully set forth.













Attachment D

Page 32 of 85




































resolution process.







Attachment D

Page 33 of 85









and “C” above.

G. Audit.








less than $750,000.








Subpart F;























Attachment D

Page 34 of 85









Contract.





reports.


A. State laws.










Section 8103.












Contract.






Attachment D

Page 35 of 85




























program components and service levels detailed in Attachments A, B, C, D, and/or E may be




program component and/or service level detailed in Attachments A, B, C, D, and/or E then the








Attachment D

Page 36 of 85


















following criteria:

























Attachment D

Page 37 of 85
































manuals.










Attachment D

Page 38 of 85




















such signed forms.

G. Debarment.























Attachment D

Page 39 of 85


water pollution.

















Attachment D

Page 40 of 85

Signature Page



*ST. JUDE HOSPITAL, INC. DBA ST. JUDE MEDICAL CENTER

By: By:

Name: Name:

Title: Title:

Dated: Dated:






************************************************************

COUNTY OF ORANGE


By: Dated:



APPROVED AS TO FORM


By: Dated:



3/2/2022

3/2/2022

Eugene Gutierrez

Chief Financial Officer

Attachment D

Page 41 of 85

SCOPE OF SERVICES






Hours of Operation






holidays. County holidays that fall on a Saturday will be observed on the preceding

Friday.





















Attachment D

Page 42 of 85








































Attachment D

Page 43 of 85





















3. Disclosure.








participant.





or a photograph.






Attachment D

Page 44 of 85






participant.












CDA upon request.






















Attachment D

Page 45 of 85

E. Access






transcriptions.


















G. Procurement










Attachment D

Page 46 of 85













H. Property



























Attachment D

Page 47 of 85









asset.







Administrator.


is acquired:

a) Date acquired


c) CDA tag number



f) Fund source


















Attachment D

Page 48 of 85














State.



















Contract.


Attachment D

Page 49 of 85

















A. Program





family caregivers.













Attachment D

Page 50 of 85







invoice.






for all programs.

13. Conduct a client satisfaction survey annually. County must approve the survey

instrument prior to its use, and all findings from the survey must be used to improve

services. The provider must keep the completed surveys and the tabulated results

on file. Submit a copy of the tabulated results, along with a summary detailing a

plan of action addressing relevant concerns of participants in order to improve

program services to County by the end of the third quarter of the fiscal year in which

it is conducted.


execution.

B. Elder Abuse











benefits options.


Attachment D

Page 51 of 85










the County.






date.






D. Data Reporting







County.


program funds.


Attachment D

Page 52 of 85

F. Insurance







County.







of emergency.




emergencies.





emergency.



the facility.


Attachment D

Page 53 of 85











date of agreement.






Attachment D

Page 54 of 85

III. FAMILY CAREGIVER SUPPORT PROGRAM EXPECTATIONS &

REQUIREMENTS

A. Definitions

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 section 373(b) of the Older Americans Act. 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. Eligible Service Population for Title III-E means an adult family member, or

another individual, who is an informal provider of in-home and community care to

an older individual or to an individual of any age with Alzheimer’s disease or a

related disorder with neurological and organic brain dysfunction. [OAA § 302(3)]

3. Older Relative Caregiver means a caregiver who is –

(1) Is age 55 and older; and

(2) lives with, is the informal provider of in-home and community care to, and is

the primary caregiver for, a child or an individual with disability;

(3) In the case of a caregiver for a child –

i. Is the grandparent, step grandparent, or other relative (other than the parent)

by blood, marriage, or adoption, of the child;

ii. Is the primary caregiver of the child because the biological or adoptive

parents are unable or unwilling to serve as the primary caregivers of the

child; and

iii. Has a legal relationship to the child, such as legal custody, adoption, or

guardianship, or is raising the child informally.

(4) In the case of a caregiver for an individual with a disability, is the parent,

grandparent, or other relative by blood, marriage, or adoption, of the individual with

a disability.

4. 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)]

5. Priority Services for Title III E means services provided to:


Attachment D

Page 55 of 85

a) Caregivers who are older individuals with greatest social need, and older

individuals with greatest economic need (with particular attention to low-

income older individuals)

b) Older relative caregivers of children with severe disabilities, or individuals,

with disabilities who have severe disabilities. {OAA § 373(c)(2)(A-B)]

c) Family caregivers who provide care for individuals with Alzheimer’s disease

and related disorders with neurological and organic brain dysfunction. [OAA §

372(b)]

6. Title III E Family Caregiver Support Program (FCSP) Categories are:

a) Information Services means the provision of public information on caregiving

and/or community education on caregiving, including information about

available services.

b) Access Assistance means the provision of caregiving information and

assistance, caregiver outreach, caregiver interpretation/translation, and

caregiver legal resources; and links caregivers to the opportunities and services

that are available.

c) Support Services means the provision of caregiver assessment, caregiver

counseling, caregiver peer counseling, caregiver support groups, caregiver

training, and (if necessary) caregiver case management.

d) Respite Care means a brief period of relief or rest from caregiving

responsibilities, and is provided to caregivers on an intermittent, occasional, or

emergency basis in a manner that responds to the individual needs and

preferences of the caregivers and their care receivers, rather than a pre-

established set amount offered on a “first come, first served” waiting list basis.

e) Supplemental Services means caregiver-centered assistance offered on a

limited basis to support and strengthen the caregiving efforts.

[OAA 373(b)(1)(2)(3)(4)(5)]

B. Scope of Services











Attachment D

Page 56 of 85

written approval from the Office on Aging. A service unit reduction of greater

than 10% requires written approval from OoA.

4. Enable comprehensive and multifaceted systems of support services that include

the five federal support service components for both “family caregiver” and “older

relative caregiver” [OAA § 373(a)-(b)].

5. Use III-E funds to supplement and not supplant other services that may directly or

indirectly support unpaid caregiving, such as Medicaid waiver programs (e.g., the

Multipurpose Senior Services Program, etc.) or other caregiver services such as

those provided through the Department of Social Services’ Kinship Support Service

Programs, the California Community Colleges’ Foster and Kinship Care Education

Programs, the Department of Developmental Services’ Regional Center, the

California Caregiver Resource Centers, and other Title III funded providers.

6. Make use of trained volunteers to expand the provision of FCSP activities in

accordance with OAA § 373(d).

7. Not deny any services due to the sole cause of an individual’s receipt of services

under the In-Home Supportive Services Program.

8. Assure publication conditions are met. Materials published or transferred by the

Subrecipient and financed with funds under this Contract shall:

a. state, “The materials or product were a result of a project funded by a

contract with the California Department of Aging”.

b. give the name of the entity, the address, and telephone number at which

the supporting data is available and

c. include a statement that, “The conclusions and opinions expressed may

not be those of the California Department of Aging and that the publication

may not be based upon or inclusive of all raw data.”

C. Reporting Provisions – American Rescue Plan Act

The Subrecipient shall (1) track the number of service units provided, the number of

people served, and expenditures; and (2) submit this data to OoA and/or CDA as

directed.

D. Reporting Provisions - General



Attachment D

Page 57 of 85









services.






E. Transition Plan






provider.








Attachment D

Page 58 of 85


regulations.

7. A plan for adequate staff to provide continued care through the term of the

Contract. [22 CCR 7206(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.





transition plan.





Attachment D

Page 59 of 85


1. COMPENSATION:


$233,479 for the period of 12-months (October 1, 2021 – September 30, 2022) as set forth

in Attachment A Scope of Services attached hereto and incorporated herein by reference.

The Subrecipient agrees to accept the specified compensation as set forth in this Contract

as full remuneration for performing all services and furnishing all staffing and materials



for performance by the Subrecipient of all its duties and obligations hereunder. The County

shall have no obligation to pay any sum in excess of the total Contract amount specified

unless authorized by an amendment in accordance with Paragraphs C and P of the County’s

General Terms and Conditions.

2. PAYMENT TERMS:








Subrecipient.










Program Invoice(s):




Santa Ana, CA 92701


Attachment D

Page 60 of 85














J. Total























Attachment D

Page 61 of 85





compliance.





Maximum Obligation.











County.



discretion.



7. CONTRIBUTIONS










Attachment D

Page 62 of 85










9. INTEREST EARNED







apply:









Attachment D

Page 63 of 85

BUDGET SCHEDULE

St. Jude Medical Center



ARPA Act: Family Caregiver Support Program


Personnel $0


Equipment $0


Other Costs $0

Indirect Costs $0



Cash $58,370

In-Kind $0

Total Match $58,370












Contract:





for each program.


Attachment D

Page 64 of 85




program.



i) Indirect Costs.


Attachment D

Page 65 of 85

AGENCY NAME: ST. JUDE HOSPITAL, INC. DBA ST. JUDE MEDICAL

CENTER FISCAL YEAR: 2021-2022

PROGRAM NAME(S): Family Caregiver Support Program

CONTRACT #: MA-012-22011190

DATE:


PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


Information

Services

70 Public

Information # of

Activities

Non-Registered Public Information on Caregiving (1 Activity): A

Family Caregiver Support Program (FSCP)

Information Service designed to provide

information about available FCSP and other

caregiving support resources and services by

disseminating publications, conducting media

campaigns, and maintaining electronic information

systems (e.g., quarterly newsletter).

200,000 Public

Information

Estimate

Audience

35 Community

Education # of

Activities

Non-Registered Community Education on Caregiving (1

Activity): A Family Caregiver Support Program

(FCSP) designed to educate groups of current or

potential caregivers and those who may provide

them with assistance about available FCSP and

other caregiver support resources and services (e.g.,

booth at health fair).

20,000 Community

Education

Estimated

Audience

105 Information

Services Total #

of Activities

220,000 Information

Services Total

Estimated

Audience

220,000 Total # of

Caregivers

Served

220,000 Information

Services Total

Estimated

Audience


Attachment D

Page 66 of 85

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

Access

Assistance

6500

Caregiver Outreach # of

Contacts

Non-Registered Caregiver Outreach (1 Contact): A


Access Assistance service involving

interventions (one-on-one contacts with

individuals) initiated by an agency or

provider for the purpose of identifying

caregivers and encouraging their use of

existing caregiver support services (e.g.,

Caregiver InfoVan staff contacts outside of

local market).

8000

Caregiver Information

and Assistance # of

Contacts

Non-Registered Caregiver Information and Assistance (1

Contact): A Family Caregiver Support

Program (FSCP) Access Assistance service

that: (A) provides caregivers with

information on services available within the

communities, including caregiving

information related to assistive technology

and caring for older individuals at risk for

institutional placement; (B) links caregivers

to the services and opportunities that are

available within the communities; (C) to the

maximum extent practicable, establishes

adequate follow-up procedures (caregiver

may remain anonymous and refuse follow-

up contact).

4000 Caregiver

Interpretation/Translation

# of Contacts

Non-Registered Caregiver Interpretation/Translation (1

Contact): A Family Caregiver Support

Program (FSCP) Access Assistance service

for the provision of bilingual

communication assistance to a caregiver in

order to access assistance and receive

support for his or her caregiving

responsibilities (e.g., staff interpreting

dialogue between caregiver and care

consultant staff translating an elder’s

prescription drug label for his caregiver).

10 Caregiver Legal

Resources # of Contacts

Non-Registered Caregiver Legal Resources (1 Contact): A Family Caregiver Support Program

(FSCP) Access Assistance service involving

one-to-one guidance provided by an

attorney (or person under the supervision of

an attorney) in the use of legal resources

and services when assisting a caregiver with

caregiving-related legal issues.

15,000 Total # of Caregivers

Served

18,500 Access

Assistance Total

Contacts


Attachment D

Page 67 of 85

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

Support Services

1100

Caregiver Assessment #

of Hours

Registered Caregiver Assessment (1 Hour): A Family

Caregiver Support Program (FSCP) Support

Service conducted by persons trained and

experienced in the skills required to deliver

the service that should result in a plan that

includes emergency back-up provisions and

is periodically updated; and will explore

options and courses of action for caregivers

by identifying their: (A) willingness to

provide care; (B) duration and care

frequency preferences; (C) caregiving

abilities; (D) physical health, psychological,

social support, and training needs; (E)

financial resources relative for caregiving;

and (F) strengths and weaknesses within the

immediate caregiving environment and

(caregiver’s) extended informal support

system.

1000

Caregiver Counseling #

of Hours

Registered Caregiver Counseling (1 Hour): A Family


Service provided to a caregiver by a person

appropriately trained and experienced in the

skills required to deliver the level of support

needed for stress, depression, and loss as a

result of caregiving responsibilities. This

service (A) may involve his or her informal

support system; (B) may be individual

direct sessions and/or telephone

consultations, and (C) may address

caregiving-related financial and long-term

care placement responsibilities.

0 Caregiver Peer

Counseling # of Hours

Registered Caregiver Peer Counseling (1 Hour): A


Support Service provided by experienced

volunteers on the condition that appropriate

training and qualified supervision protocols

are in place.

450

Caregiver Support Group

# of Hours

Registered Caregiver Support Group (1 Hour): A


Support Service provided to a group of 3-12

caregivers that is led by a competent

facilitator; conducted at least monthly

within a supportive setting or via a

controlled access, moderated online or

teleconference approach; for the purpose of

sharing experiences and ideas to ease the

stress of caregiving, and to improve

decision-making and problem-solving skills

related to their caregiving responsibilities.

500 Caregiver Training # of

Hours

Registered Caregiver Training (1 Hour): A Family


Service consisting of workshops or one-on-

one individually tailored sessions,

conducted either in person or electronically

by a skilled and knowledgeable individual,

to assist caregivers in developing the skills

and gaining the knowledge necessary to

fulfill their caregiving responsibilities; and


Attachment D

Page 68 of 85

address the areas of health, nutrition, and

financial literacy.

4,000 Caregiver Case

Management # of Hours

Registered Caregiver Case Management (1 Hour): A


Support Service provided by a person who

is trained and experienced in the skills that

are required to coordinate and monitor the

provision of formal caregiver-related

services in circumstances where caregivers

are experiencing diminished capacities due

to mental impairment or temporary severe

stress and/or depression.

9,000 Total # of Caregivers

Served

7050 Support

Services Total

Hours


Attachment D

Page 69 of 85

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

Respite Care

1,000

Caregiver Respite In-

Home Supervision # of

Hours

Registered Caregiver Respite In-Home Supervision

(1 Hour): A Family Caregiver Support

Program (FSCP) Respite Care service that

includes the provision of care receiver day

and/or overnight supervision and friendly

visiting by an appropriately skilled provider

or volunteer in order to prevent wandering

and health or safety incidents.

Caregiver Respite

Homemaker Assistance #

of Hours

Registered Caregiver Respite Homemaker

Assistance (1 Hour): A Family Caregiver

Support Program (FSCP) Respite Care

service that includes the provision of care

receiver assistance with meal preparation,

medication management, using the phone,

and/or light housework (along with care

receiver supervision) by an appropriately

skilled provider or volunteer.

2,500

Caregiver Respite In-

Home Personal Care # of

Hours

Registered Caregiver Respite In-Home Personal

Care (1 Hour): A Family Caregiver


service that includes the provision of care

receiver assistance with eating, bathing,

toileting, transferring, and/or dressing

(along with care receiver supervision and

related homemaker assistance) by an

appropriately skilled provider.

200 Caregiver Respite Home

Chore # of Hours

Registered Caregiver Respite Home Chore (1 Hour): A Family Caregiver Support Program

(FSCP) Respite Care service that includes

an appropriately skilled provider or

volunteer assisting a caregiver with heavy

housework, yard work, and/or sidewalk and

other routine home maintenance (but not

structural repairs) associated with

caregiving responsibilities.

1425 Caregiver Respite Out-

of-Home Day # of Hours

Registered Caregiver Respite Out-of-Home Day

Care (1 Hour): A Family Caregiver


service where the care receiver attends a

supervised/protective, congregate setting

during some portion of a day, and includes

access to social and recreational activities.

Caregiver Respite Out-

of-Home Overnight # of

Hours

Registered Caregiver Respite Out-of-Home

Overnight Care (1 Hour): A Family

Caregiver Support Program (FSCP) Respite

Care service where the care receiver is

temporarily placed in a

supervised/protective, residential setting for

one or more nights, and may include access

to nursing and personal care.

175

Total # of Caregivers

Served

5,125

Respite Care

Total Hours


Attachment D

Page 70 of 85

PROGRAM

SERVICE

NUMBER OF ANNUAL

SERVICE UNITS

UNDUPLICATED

PERSONS

SERVED

SERVICE

CATEGORY


UNITS

Supplemental

Services

18 Assistive Devices for

Caregiving # of

Occurrences

Registered Assistive Devices for Caregiving (1

Device is 1 Occurrence): A Family

Caregiver Support Program (FSCP)

Supplemental Service that involves the

purchase, rental and/or service fee of any

equipment or product system (ranging from

a lift chair or bathtub transfer bench to an

electronic pill dispenser or emergency alert

fall prevention device) in order to facilitate

and fulfill caregiving responsibilities.

Home Adaptations for

Caregiving # of

Occurrences

Registered Home Adaptations for Caregiving (1

Modification is 1 Occurrence): A Family

Caregiver Support Program (FSCP)

Supplemental Service that makes any minor

or major physical change to the home

(ranging from installation of grab bars or

replacement of door handles to construction

of an entrance ramp or roll-in shower) in

order to fulfill caregiving responsibilities.

Caregiving Services

Registry # of

Occurrences

Registered Caregiving Service Registry (1 Hour is 1

Occurrence): A Family Caregiver Support

Program (FSCP) Supplemental Service that

recruits, screens, and maintains a listing of

dependable, qualified self-employed

homemaker or respite care workers who

may be matched with caregivers willing to

use personal resources to pay for assistance

with their caregiving responsibilities. Both

the caregiver and the self-employed worker

will be: (A) advised about appropriate

compensation and workplace performance

expectations; and (B) provided with follow-

up to ensure the match is functioning

effectively.

40 Caregiving Emergency

Cash/Material Aid# of

Occurrences

Registered Caregiving Emergency Cash/Material

Aid (1 Assistance is 1 Occurrence): A


Supplemental Service that arranges for and

provides assistance to caregivers in the form

of commodities, surplus food, emergency

cash, transit passes, meals, and vouchers

that will help meet identified needs

associated with an individual caregiver’s

responsibilities.

40 Total # of Caregivers

Served

58 Supplemental

Services Total

Occurrences


Attachment D

Page 71 of 85


A. Subrecipient Name: St. Jude Hospital, Inc. dba St. Jude Medical Center


C. Federal Award Identification Number (FAIN): 2101CAFCC6-00



F. Total Amount of Federal Funds Obligated by the Action: $ 233,479

CFDA FAIN Award

Date

Formula Funds Amount

93.052 2101CAFCC6-00 2021 ARP Act $ 0

93.052 2101CAFCC6-00 2022 ARP Act $ 233,479

TOTAL: $ 233,479

G. Total Amount of Federal Funds Obligated to the Subrecipient: $ 233,479

H. Total Amount of the Federal Award: $ 233,479








M. CFDA Number and Name: #93.052 American Rescue Plan (ARP) for Family

Caregivers under Title III-E of the Older Americans Act; National Family Caregiver

Support, Title III, Part E




Attachment D

Page 72 of 85


St. Jude Hospital, Inc. dba St. Jude Medical Center Company/Organization Name












Official’s Name


DocuSign Envelope ID: A63766B2-BEE8-426A-B53E-6B066C7AEF10DocuSign Envelope ID: 7D2496AD-A4B7-4D4E-A668-28579FC9FD1BDocuSign Envelope ID: 7068F12A-A21E-4CB6-8B32-376E0C4887C1

3/2/2022

Eugene Gutierrez


Attachment D

Page 73 of 85






Name



Eugene Gutierrez


3/2/2022

Attachment D

Page 74 of 85

















Attachment D

Page 75 of 85











St. Jude Hospital, Inc. dba St. Jude Medical Center Grantee/Contractor Organization

Name





Eugene Gutierrez

Attachment D

Page 76 of 85













Attachment D

Page 77 of 85















value:




Signature:

Print Name:

Title:

Telephone No:

Date:


714-992-3939


Eugene Gutierrez

3/2/2022

Attachment D

Page 78 of 85



Reporting Entity:

Page of



Attachment D

Page 79 of 85



Attachment D

Page 80 of 85












ACTION:



Attachment D

Page 81 of 85







Contractor: St. Jude Hospital, Inc. dba St. Jude Medical Center

Effective Date: October 1, 2021 through Spetember 30, 2022

Contract #: MA-012-22011190





Date: Date:


Distribution:

Contractor

Auditor Controller

Contract File

Program File


Attachment D

Page 82 of 85





Attachment D

Page 83 of 85




Attachment D

Page 84 of 85


380 Third Street





Attachment D

Page 85 of 85

§ 7283. Definitions, CA GOVT § 7283

© 2022 Thomson Reuters. No claim to original U.S. Government Works. 1

West's Annotated California CodesGovernment Code (Refs & Annos)

Title 1. GeneralDivision 7. Miscellaneous

Chapter 17.2. Standards for Participation in United States Immigration and Customs EnforcementPrograms (Refs & Annos)

West's Ann.Cal.Gov.Code § 7283

§ 7283. Definitions

Effective: January 1, 2017Currentness

For purposes of this chapter, the following terms have the following meanings:

(a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to thepublic, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance.

(b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agencymaintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release inorder to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D.

(c) “Governing body” with respect to a county, means the county board of supervisors.

(d) “ICE access” means, for the purposes of civil immigration enforcement, including when an individual is stopped with orwithout their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following:

(1) Responding to an ICE hold, notification, or transfer request.

(2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date andtime through data sharing or otherwise.

(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whetherthrough computer databases, jail logs, or otherwise.

(4) Allowing ICE to interview an individual.

(5) Providing ICE information regarding dates and times of probation or parole check-ins.

Attachment A

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§ 7283. Definitions, CA GOVT § 7283


(e) “Local law enforcement agency” means any agency of a city, county, city and county, special district, or other politicalsubdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails orto maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals injuvenile detention facilities; or to monitor compliance with probation or parole conditions.

(f) “Notification request” means an Immigration and Customs Enforcement request that a local law enforcement agency informICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to,DHS Form I-247N.

(g) “Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitatethe transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X.

Credits(Added by Stats.2016, c. 768 (A.B.2792), § 3, eff. Jan. 1, 2017.)

West's Ann. Cal. Gov. Code § 7283, CA GOVT § 7283Current with urgency legislation through Ch. 6 of 2022 Reg.Sess. Some statute sections may be more current, see credits fordetails.

End of Document © 2022 Thomson Reuters. No claim to original U.S. Government Works.

Attachment A

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§ 7283.1. Individuals in local law enforcement custody; ICE..., CA GOVT § 7283.1


West's Annotated California CodesGovernment Code (Refs & Annos)

Title 1. GeneralDivision 7. Miscellaneous

Chapter 17.2. Standards for Participation in United States Immigration and Customs EnforcementPrograms (Refs & Annos)

West's Ann.Cal.Gov.Code § 7283.1

§ 7283.1. Individuals in local law enforcement custody; ICE interviews; ICE hold,notification or transfer requests; records relating to ICE access; community forum

Effective: January 1, 2017 to December 31, 2022Currentness

<Section operative until Jan. 1, 2023. See, also, § 7283.1 operative Jan. 1, 2023.>

(a) In advance of any interview between ICE and an individual in local law enforcement custody regarding civil immigrationviolations, the local law enforcement entity shall provide the individual with a written consent form that explains the purpose ofthe interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewedonly with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog,Vietnamese, and Korean. The written consent form shall also be available in any additional languages that meet the countythreshold as defined in subdivision (d) of Section 128552 of the Health and Safety Code if certified translations in thoselanguages are made available to the local law enforcement agency at no cost.

(b) Upon receiving any ICE hold, notification, or transfer request, the local law enforcement agency shall provide a copy ofthe request to the individual and inform him or her whether the law enforcement agency intends to comply with the request.If a local law enforcement agency provides ICE with notification that an individual is being, or will be, released on a certaindate, the local law enforcement agency shall promptly provide the same notification in writing to the individual and to his orher attorney or to one additional person who the individual shall be permitted to designate.

(c) All records relating to ICE access provided by local law enforcement agencies, including all communication with ICE, shallbe public records for purposes of the California Public Records Act (Chapter 3.5 (commencing with Section 6250)), includingthe exemptions provided by that act and, as permitted under that act, personal identifying information may be redacted prior topublic disclosure. Records relating to ICE access include, but are not limited to, data maintained by the local law enforcementagency regarding the number and demographic characteristics of individuals to whom the agency has provided ICE access,the date ICE access was provided, and whether the ICE access was provided through a hold, transfer, or notification requestor through other means.

(d) Beginning January 1, 2018, the local governing body of any county, city, or city and county in which a local law enforcementagency has provided ICE access to an individual during the last year shall hold at least one community forum during thefollowing year, that is open to the public, in an accessible location, and with at least 30 days' notice to provide informationto the public about ICE's access to individuals and to receive and consider public comment. As part of this forum, the locallaw enforcement agency may provide the governing body with data it maintains regarding the number and demographic

Attachment A

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§ 7283.1. Individuals in local law enforcement custody; ICE..., CA GOVT § 7283.1


characteristics of individuals to whom the agency has provided ICE access, the date ICE access was provided, and whetherthe ICE access was provided through a hold, transfer, or notification request or through other means. Data may be providedin the form of statistics or, if statistics are not maintained, individual records, provided that personally identifiable informationshall be redacted.


Notes of Decisions (1)

West's Ann. Cal. Gov. Code § 7283.1, CA GOVT § 7283.1Current with urgency legislation through Ch. 6 of 2022 Reg.Sess. Some statute sections may be more current, see credits fordetails.


Attachment A

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§ 831. Confidentiality of juvenile court records regardless of..., CA WEL & INST § 831


West's Annotated California CodesWelfare and Institutions Code (Refs & Annos)

Division 2. ChildrenPart 1. Delinquents and Wards of the Juvenile Court (Refs & Annos)

Chapter 2. Juvenile Court Law (Refs & Annos)Article 22. Wards and Dependent Children--Records (Refs & Annos)

West's Ann.Cal.Welf. & Inst.Code § 831

§ 831. Confidentiality of juvenile court records regardless of immigration status; disclosure

Effective: January 1, 2016Currentness

(a) It is the intent of the Legislature in enacting this section to clarify that juvenile court records should remain confidentialregardless of the juvenile's immigration status. Confidentiality is integral to the operation of the juvenile justice system in orderto avoid stigma and promote rehabilitation for all youth, regardless of immigration status.

(b) Nothing in this article authorizes the disclosure of juvenile information to federal officials absent a court order of the judgeof the juvenile court upon filing a petition as provided by subparagraph (P) of paragraph (1) of subdivision (a) of Section 827.

(c) Nothing in this article authorizes the dissemination of juvenile information to, or by, federal officials absent a court orderof the judge of the juvenile court upon filing a petition as provided by subparagraph (P) of paragraph (1) and paragraph (4)of subdivision (a) of Section 827.

(d) Nothing in this article authorizes the attachment of juvenile information to any other documents given to, or provided by,federal officials absent prior approval of the presiding judge of the juvenile court as provided by paragraph (4) of subdivision(a) of Section 827.

(e) For purposes of this section, “juvenile information” includes the “juvenile case file,” as defined in subdivision (e) of Section827, and information related to the juvenile, including, but not limited to, name, date or place of birth, and the immigrationstatus of the juvenile that is obtained or created independent of, or in connection with, juvenile court proceedings about thejuvenile and maintained by any government agency, including, but not limited to, a court, probation office, child welfare agency,or law enforcement agency.

(f) Nothing in this section shall be construed as authorizing any disclosure that would otherwise violate this article.

(g) The Legislature finds and declares that this section is declaratory of existing law.


Attachment A

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§ 831. Confidentiality of juvenile court records regardless of..., CA WEL & INST § 831


Notes of Decisions (1)

West's Ann. Cal. Welf. & Inst. Code § 831, CA WEL & INST § 831Current with urgency legislation through Ch. 6 of 2022 Reg.Sess. Some statute sections may be more current, see credits fordetails.


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CCOM

JAIL COMPLIANCE & TRAIN NG

TEAM

CCOM:

1206 - Immigration

Court & Custody Operation Manua

Attachment B

Page 1 of 7

1206-Immigration

Although enforcing immigration law is a federal government responsibility and not shared by members of OCSD, OCSD

may allow members of Immigration and Customs Enforcement (ICE) into our custodial facilities for the purpose of

interviewing inmates for immigration violations, provided the requirements of Government Code section 7283, et seq

(the "Truth Act") are met. Members ofthis Department may not transfer an individual in Department custody to

immigration authorities unless authorized by a judicial warrant or judicial probable cause determination, or that

individual has been convicted of the crimes, or otherwise has met the criteria set forth in Government Code sections

7282 and 7282.5 (the "Trust Act" as amended by Senate Bill 54 (the "California Values Act")).

1206.1- Definitions

a) Hold Request means a federal Immigration and Customs Enforcement (ICE) request that a local law

enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would

otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to,

Department of Homeland Security (DHS) Form 1-247D.

b) Notification Request means an Immigration and Customs Enforcement request that a local law enforcement

agency inform ICE of the release date and time in advance of the public of an individual in its custody and

includes, but is not limited to, DHS Form 1-247N.

c) Transfer Request means an Immigration and Customs Enforcement request that a local law enforcement agency

facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form 1-247X.

d) Judicial Probable Cause Determination means a determination made by a federal judge or federal magistrate

judge that probable cause exists that an individual has violated federal criminal immigration law and that

authorizes a law enforcement officer to arrest and take into custody the individual.

e) JudicialWarrantmeansawarrantbasedonprobablecauseforaviolationoffederalcriminalimmigrationlaw

and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest

and take into custody the person who is the subject of the warrant.

1206.2 - Immigration Interview Procedure

a) The Facility Watch Commander shall be notified of an ICE Agent's arrival and request to interview inmates for

immigration violations.

b) Prior to being interviewed, a Classification Deputy will provide the inmate with a written consent form (Truth

Act Interview Consent Form) which is available in one of eight languages as follows:

1. English

Chinese

Farsi

Korean

Spanish

Tagalog

Vietnamese

Arabic

c) Theformwillexplainthepurposeoftheinterview,thevoluntarynatureoftheinterview,andthattheinmate

may decline to be interviewed or may choose to be interviewed only with his or her attorney present.

d) If the inmate chooses to have his or her attorney present, the interview will be postponed until the attorney can

be present.

e) Uponcompletionofthewrittenconsentform,theinmatewillbeprovidedwithaduplicatecopyandtheoriginal

will be placed in the inmate"s record jacket.

f) If the inmate agrees to be interviewed, a Classification Deputy will be assigned to escort the inmate to the ICE

Agent"s location.

Attachment B

Page 2 of 7

1206.3 -Receiving a Notification/Transfer Request

a) Upon receiving a Notification/Transfer Request, Inmate Records shall provide a copy of the Notification/Transfer

Request for the referenced inmate to Classification.

1. This includes a Notification/Transfer Request placed by persons outside of OCSD, or already lodged on an

inmate prior to their intake or after intake when the OCSD becomes aware of such Notification/Transfer

Requests.

b) The on-duty Classification Sergeant, or in his or her absence, the on-duty Operations Sergeant will designate an

on-duty Classification deputy or other deputy to provide a copy of the Notification/Transfer Request to the

inmate and inform the inmate whether OCSD intends to comply with the Notification/Transfer Request in

accordance with Government Code section 7282, et seq.(the "Trust Act", as amended by Senate Bill54 (the

"California Values Act")).

c) The on-duty Classification Sergeant, or in his or her absence, the on-duty Operations Sergeant will designate an

on-duty Classification deputy or other deputy to provide the Truth Act Notification form to the inmate to

complete the name and address of the inmate's attorney or other person whom the inmate may designate for

the purpose of OCSD providing notice to that attorney or other person if ICE is notified of the inmate's release

date.

d) UponcompletionofthetopportionoftheTruthActNotificationform,theCIassificationdeputyorotherdeputy

will return the form to Inmate Records and the form will be placed in the inmate's Inmate Record Jacket.

1206.4 - Screening Inmates in Accordance with the Trust Act and the California Values Act

a) All inmates who have a Notification/Transfer Request will be evaluated in accordance with Government Code

sections 7282 and 7282.5, which criteria are set forth in CCOM 1206.6. The evaluation will be conducted by an

on-duty Classification Deputy designated by the on duty Intake Release Center Classification Sergeant, or in his

or her absence, the on-duty Intake Release Center Operations Sergeant.

b) OCSD will comply with Notification/Transfer Requests by notifying ICE and releasing the inmate to ICE custody

when the referenced inmate qualifies in accordance with Government Code sections 7282 and 7282.5.

1. Inmates who qualify under Government Code sections 7282 and 7282.5 may be processed for release at

Sentence Ending Date (SE Date) or Pre-trial release and released in-custody to ICE.

i. These inmates will not be held past their release date.

ii. No inmate will be detained or held on the basis of an ICE Hold Request.

2. ICE will be notified in a timely manner for all inmates who qualify under Government Code sections 7282

and 7282.5 to afford ICE the opportunity to pick up the inmate. ICE will not be notified if the inmate does

not qualify under Government Code sections 7282 and 7282.5.

1206.5 - Release of Inmates with a Notification/Transfer Reqciest

a) Records Supervisors will notify the on-duty Intake Release Center Classification Sergeant, or in his or her

absence, the on-duty Intake Release Center Operations Sergeant when an inmate with a Notification/Transfer

Request is preparing for release.

b) The on-duty Intake Release Center Classification Sergeant, or in his or her absence, the on-duty Intake Release

Center Operations Sergeant will designate an on-duty Classification deputy to screen the inmate per section

1206.4 above.

c) When ICE is notified that an inmate is being, or will be released, on a certain date, the on-duty Intake Release

Center Classification Sergeant, or in his or her absence, the on-duty Intake Release Center Operations Sergeant

will designate an on-duty Classification Deputy to promptly complete the bottom portion of the Truth Act

Notification form and provide a copy of the original to the inmate, mail a copy of the original to the inmate"s

attorney or other person designated by the inmate and return the original to the inmate's Inmate Record Jacket.

d) Members of this Department may not transfer an individual in Department custody to immigration authorities

unless authorized by a judicial warrant or judicial probable cause determination, or that individual has been

Attachment B

Page 3 of 7

convicted of the crimes or otherwise has met the criteria set forth in Government Code sections 7282 and

7282.5 (see CCOM 1206.6).

1206.6 - Criteria for Responding to a Notification/Transfer Requesta) OCSD personnel may provide information in response to a Notification Request, or may transfer an inmate to

immigration authorities only under the following circumstances, as permitted by Government Code sections

7282 and 7282.5:

1. Theindividualhasbeenconvictedofaseriousorviolentfelonyidentifiedinsubdivision(c)ofSectionll92.7

of, or subdivision (c) of Section 667.5 of, the Penal Code. (See below for list of serious felonies and violent

felonies)

2. The individual has been convicted of a felony punishable by imprisonment in the state prison.

3. Theindividualhasbeenconvictedwithinthepastfiveyearsofamisdemeanorforacrimethatispunishable

as either a misdemeanor or a felony for, or has been convicted within the last 15 years of a felony for, any of

the following offenses:

i. Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5,

245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code.

ii. Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9,

273.5, 347, 4501.1, and 4501.5 of the Penal Code.

iii. Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of

the Penal Code.

iv. Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but not limited to,

Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, ;ss.s, 311.1,

311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code.

v. Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271, 271a, 273a,

273ab, 273d, 273.4, and 278 ofthe Penal Code.

vi. Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections

211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code.

vii. Driving under the influence of alcohol or drugs, but only for a conviction that is a felony.

viii. Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of

the Penal Code.

ix. Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165

of the Penal Code.

x. Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534,

4535 and 4536 of the Penal Code.

xi. Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction,

as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6,

417.8, 457 4, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,

12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of Section 26100 of, the Penal

Code.

xii. Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010

(Part 6 (commencing with Section 16000) of the Penal Code).

xiii. Anoffenseinvolvingthefelonypossession,sale,distribution,manufacture,ortraffickingof

controlled substances.

Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code.

Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the

Penal Code.

Attachment B

Page 4 of 7

XVi.

XVii.

XViii.

An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal

Code, to commit an offense specified in this section.

A crime resulting in death, or involving the personal infliction of great bodily injury, as specified in,

but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7,

12022.8, and 12022.9 of, the Penal Code.

Possession or use of a firearm in the commission of an offense.

XiX. An offense that would require the individual to register as a sex offender pursuant to Section 290,

290.002, or 290.006 of the Penal Code.

xx. False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181,

210.5, 236, 236.1, and 4503 ofthe Penal Code.

xxi. Criminal profiteering and money laundering, as specified in, but not limited to, Sections 186.2,

186.9 andl86.lOofthePenalCode.

xxii. Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code.

xxiii. A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2,

247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code.

xxiv. Elder and dependent adult abuse, as specified in, but not limited to, Section 368 of the Penal Code.

xxv. A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code.

xxvi. Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code.

xxvii. Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286

of, and Sections 653j and 653.23 of, the Penal Code.

xxviii. An offense committed while on bail or released on his or her own recognizance, as specified in, but

not limited to Section 12022.1 of the Penal Code.

xxix. Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs

(2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section

262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section

288a of, and subdivisions (a) and (j) of Section 289 of, the Penal Code.

xxx. Kidnapping,asspecifiedin,butnotlimitedto,Sections207,209,and209.5ofthePenalCode.

xxxi. A violation of subdivision (c) of Section 20001 of the Vehicle Code.

4. The individual is a current registrant on the California Sex and Arson Registry.

5. The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set

forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal

Immigration and Nationality Act (8 u.s.c. Sec. 1101), or is identified by the United States Department of

Homeland Security's Immigration and Customs Enforcement as the subject of an outstanding federal felony

arrest warrant.

6. In no case shall cooperation occur pursuant to this section for individuals arrested, detained, or convicted of

misdemeanors that were previously felonies, or were previously crimes punishable as either misdemeanors

or felonies, prior to passage of the Safe Neighborhoods and Schools Act of 2014 as it amended the Penal

Code.

7. In cases in which the individual is arrested and taken before a magistrate on a charge involving a serious or

violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the

Penal Code, respectively, or a felony that is punishable by imprisonment in state prison, and the magistrate

makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code, a law

enforcement official shall additionally have discretion to cooperate with immigration officials pursuant to

subparagraph (C) of paragraph (1) of subdivision (a) of Section 7284.6.

b) Serious Felonies identified in Penal Code section 1192.7(c)

1. Murderorvoluntarymanslaughter;

2. Mayhem;

Attachment B

Page 5 of 7

3. Rape;

4. Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful

bodily injury on the victim or another person;

5. Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear ofimmediate and

unlawful bodily injury on the victim or another person;

6. Lewd or lascivious act on a child under 14 years of age;

7. Any felony punishable by death or imprisonment in the state prison for life;

8. Anyfelonyinwhichthedefendantpersonallyinflictsgreatbodilyinjuryonanyperson,otherthanan

accomplice, or any felony in which the defendant personally uses a firearm;

9. Attempted murder;

10. Assault with intent to commit rape or robbery;

11. Assault with a deadly weapon orinstrument on a peace officer;

12. Assault by a life prisoner on a non-inmate;

13. Assault with a deadly weapon by an inmate;

14. Arson;

15. Exploding a destructive device or any explosive with intent to injure;

16. Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem;

17. Exploding a destructive device or any explosive with intent to murder;

18. Any burglary of the first degree;

19. Robbery or bank robbery;

20. Kidnapping;

21. Holding of a hostage by a person confined in a state prison;

22. Attempt to commit a felony punishable by death or imprisonment in the state prison for life;

23. Any felony in which the defendant personally used a dangerous or deadly weapon;

24. Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any

heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2)

of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of

methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or

subdivision (a) of Section 11100 of the Health and Safety Code;

25. Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by

force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another

person;

26. Grand theft involving a firearm;

27. Carjacking;

28. Any felony offense, which would also constitute a felony violation of Section 186.22;

29. Assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220;

30. Throwing acid or flammable substances, in violation of Section 244;

31. Assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on

a peace officer or firefighter, in violation of Section 245;

32. Assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in

violation of Section 245.2, 245.3, or 245.5;

33. Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;

34. Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1;

35. Continuous sexual abuse of a child, in violation of Section 288.5;

36. Shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100;

37. Intimidation of victims or witnesses, in violation of Section 136.1;

Attachment B

Page 6 of 7

38. Criminal threats, in violation of Section 422;

39. Any attempt to commit a crime listed in this subdivision other than an assault;

40. Any violation of Section 12022.53;

41. A violation of subdivision (b) or (c) of Section 11418; and

42. Any conspiracy to commit an offense described in subdivision (c) of Section 1192.7.

c) Violent Felonies identified in Penal Code Section 667.5(c)

1.

2.

3.

Murder or voluntary manslaughter.

Mayhem.

Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision

(a) of Section 262.

Sodomy as defined in subdivision (c) or (d) of Section 286.

Oral copulation as defined in subdivision (c) or (d) of Section 288a.

Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.

Any felony punishable by death or imprisonment in the state prison for life.

Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which

has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or afterJuly 1,

1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the

defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section

12022.3, or Section 12022.5 or 12022.55.

Any robbery.

Arson, in violation of subdivision (a) or (b) of Section 451.

Sexual penetration as defined in subdivision (a) or (j) of Section 289.

Attempted murder.

A violation of Section 18745 18750 or 18755.

Kidnapping.

Assault with the intent to commit a specified felony, in violation of Section 220.

Continuous sexual abuse of a child, in violation of Section 288.5.

Ca2acking, as defined in subdivision (a) of Section 215.

Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.

Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.

Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of

Section 186.22.

21. Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and

proved that another person, other than an accomplice, was present in the residence during the commission

ofthe burglary.

22. Any violation of Section 12022.53.

23. A violation of subdivision (b) or (c) of Section 11418.

1206.7- Public Access to Records

a) Upon receiving any request pursuant to the California Public Records Act, GOVT. CODE GG 6250 - 6276.48 for

information related to ICE"s access to individuals, responsive records shall be produced consistent with the Act's

requirements.

Attachment B

Page 7 of 7

ORANGE COUNTYSHERIFF'S DEPARTMENT SHERIFF-CORONER DON BARNES

TRUTH Act Interview Consent FormCal. Government Code §7283.1

, Booking Number

%nt Name

€ I voluntarily consent to speak with an Immigration and Customs Enforcement officer, for

the purpose of deternnining my irnrnigration status. This consent is made with the knowledge that

I have the right to refiuse to be interviewed. No promises, threats, or coercion have been made to

induce me to relinquish this right and I do waive it freely and voluntarily. I understand that I

may choose to be interviewed with my attorney present.

€ I request my attorney to be present during the interview.

€ I do not request my attorney to be present during the interview.

€ I do not consent to speak with an Immigration and Customs Enforcement officer.

Signature Date

Completed by Deputy/PIN:

Copies: Original (inmate file) i Copy (Iiunate)

Integrity without compromisei Service above selfi Professionalism in the performance of dutyi Vigilance in safeguarding our community

Attachment C

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ORANGE COUNTYSHERIFF'S DEPARTMENT SHERIFF-CORONER DON BARNES

TRUTH Act Notification Form

Cal. Goveininent Code §7283.1

, Booking NumberPr'nt Name

You have an immigration notification and/or transfer request by the Department of Homeland Security, Immigration

and Customs Enforcement (DHS-ICE). Based on Government Code sections 7282 - 7282.5 and your criminal history,

you may or may not qualify to be transferred into the custody of DHS-ICE at the time of your release. If you do

qualify, then the Orange County Sheriff's Department intends to comply with DHS-ICE's request and transfer you

into the custody of DHS-ICE at the time of your release.

If you have a question or complaint regarding this immigration request, you can contact the ICE ERO Detention

Reporting and Information Line, toll-free, at 1-888-351-4024.

If we notify DHS-ICE that you are being, or will be released, on a certain date, we will provide notification in writing

to you and to your attorney or one other person whom you may designate. Please complete the information below.

€ I request my attorney be notified.

Name:

Mailing Address:

OR

€ I request the following person be notified:

Name:

Mailing Address:

Inmate Signature

Completed by Deputy/PIN:

Date

ICE Notified On:

Complete when inmate is being released and ICE is notifiedl

Time: that you are scheduled to be released on

Release Date: Time:

By:

Deputy/PIN

Copies: Original (inmate file) i Copy 1 (Inmate) i Copy 2 (2"d Notification)Revised 03/29/18

Integrity without compromisei Service above selfi Professionalism in the performance of dutyl Vigilance in safeguarding our community

Attachment C

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RELEASED RE-ARRESTED RECIDIVISM % RELEASED RE-ARRESTED RECIDIVISM %

JANUARY 31 1 3% 19 0 0%

FEBRUARY 19 2 11% 17 0 0%

MARCH 11 2 18% 6 1 17%

APRIL 18 4 22% 2 0 0%

MAY 16 3 19% 0 0 0%

JUNE 11 3 27% 0 0 0%

JULY 10 1 10% 2 0 0%

AUGUST 13 5 38% 1 0 0%

SEPTEMBER 12 4 33% 3 0 0%

OCTOBER 5 1 20% 2 1 50%

NOVEMBER 13 6 46% 1 1 100%

DECEMBER 9 4 44% 3 0 0%

168 36 21% 56 3 5%

2020 2021 TOTALJANUARY 33 9 42

FEBRUARY 19 6 25MARCH 16 7 23

APRIL 23 4 27MAY 17 6 23JUNE 22 10 32JULY 17 4 21

AUGUST 19 12 31SEPTEMBER 17 2 19OCTOBER 7 8 15

NOVEMBER 18 3 21DECEMBER 17 2 19

225 73 298

O R A N G E C O U N T Y S H E R I F F 'S D E P A R T M E N T

INMATES RELEASED TO IMMIGRATION & CUSTOMS ENFORCEMENT (ICE)

TOTAL INMATES:

TOTAL INMATES:

ORANGECOUNTYJAIL‐IMMIGRATIONDETAINERDATA‐2021

INMATES RELEASED FROM CUSTODY WITH IMMIGRATION DETAINERS

2020 2021

31

19

11

1816

11 10

13 12

5

13

9

1917

6

2 0 0 2 1 32

1 30

5

10

15

20

25

30

35

JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

INMATES RELEASED FROM CUSTODY WITH IMMIGRATION DETAINERS2020 RELEASED VS. 2021 RELEASED

2020 RELEASED 2021 RELEASED

33

1916

23

17

22

1719

17

7

18 17

96 7

46

10

4

12

2

8

3 20

5

10

15

20

25

30

35

JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER

INMATES RELEASED TO IMMIGRATION & CUSTOMS ENFORCEMENT (ICE)2020 VS. 2021

2020 2021

Attachment D

MONTH

REFERRED TO

ICE

NOT REFERRED /

RELEASED

REFERRED -

PICKED UP

REFERRED -

NOT PICKED UP

REFERRED -

ICE REFUSED

# RECIDIVIST

ARRESTS

(CUMULATIVE)

TOTAL

SCREENED

January 15 19 9 6 0 0 34

February 18 17 6 11 1 0 35

March 13 6 7 1 5 2 19

April 13 2 4 7 2 2 15

May 8 0 6 2 0 3 8

June 16 0 10 6 0 3 16

July 11 2 4 7 0 3 13

August 14 1 12 2 0 3 15

September 7 3 2 1 4 2 10

October 13 2 8 4 1 5 15

November 7 1 3 3 1 3 8

December 8 3 2 6 0 1 11

Grand Total 143 56 73 56 14 27 199

THESE STATS ARE A SUBSET OF THE TOTAL

NUMBERS IN COLUMN "B" - "REFERRED TO ICE"

INMATES WITH IMMIGRATION DETAINERS

Attachment E

March 22, 2022 - Orange County Board of Supervisors

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