HomeMy WebLinkAboutCounty of San Diego; 2006-10-03; 513847COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 8
To The City of Carlsbad. Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract
or do the following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Program Effective Date: July 1,2010
Please note: This amendment supersedes the County's Termination for Convenience Letter dated June 4,2010.
Description of Contract Change(s) and/or Work To B« Done:
1) The Signature Page of the Pro Forma Service Agreement is modified as follows:
a) Option to Extend Clause:
i) The number of option years is changed from four (4) to three (3), not to exceed June 30,2010.
ii) The County is exercising its option to extend the contract for an additional three (3) months through September 30,2010.
b) Compensation
i) The compensation for the fourth option year (Fiscal Year 2010-2011) of the Agreement is removed,
ii) The compensation for the three (3) month option period is $56,814.
c) Total contract price is revised to $760,778.
PLEASE NOTE: A copy of the revised "Signature Page" is attached for your convenience. Do not remove and replace the
"Signature Page" with the attached sample.
Description of Additional Contract Change(s) and/or Work To Be Done:
2) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule is modified as follows
a) Table title "SERVICE UNITS AND RATES FOR THE PERIOD OF MARCH 1, 2010 - JUNE 30, 2010" is changed to
"SERVICE UNITS AND RATES FOR THE PERIOD OF JULY 1,2010 - SEPTEMBER 30,2010.
b) Exhibit A Paragraph Reference 4.1, Congregate Meals, is modified as follows:
i) # of Service Units: The prorated number of Service Units is changed from 9,3 80 to 6,900.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is changed from $5.00 to $4.23.
iii) Total: The Total funding amount is changed from $46,900 to $29,187.
c) Exhibit A Paragraph Reference 4.2, Home-Delivered Meals, is modified as follows:
i) # of Service Units: The prorated number of Service Units is changed from 3,000 to 2,925.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased from $3.75 to $4.00.
iii) Total: The Total funding amount is changed from $ 11,250 to $ 11,170.
d) Exhibit A Paragraph Reference 4.4, Transportation, is modified as follows:
i) # of Service Units: The prorated number of Service Units is changed from 2,233 to 1,800.
ii) Total: The Total funding amount is changed from $11,165 to $9,000.
e) Exhibit A Paragraph Reference 4.1, Incentive Payments, is modified as follows:
i) # of Service Units: The prorated number of Service Units is changed from 9,380 to 6,900.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is changed from $0.80 to $0.72.
iii) Total: The Total funding amount is changed from $7,504 to $4,968.
f) Exhibit A Paragraph Reference 4.2, Incentive Payments, is modified as follows:
i) # of Service Units: The prorated number of Service Units is changed from 3,000 to 2,925.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is changed from $0.90 to $0.67.
iii) Total: The Total funding amount is changed from $2,700 to $ 1,959.
g) Exhibit A Paragraph Reference 4.1, One Time Only (OTO) Funding. OTO-C1 funding is changed from $ 10,751 to $0.
j) Total: The Total funding amount is changed from the four month period for $98,336 to the threemonth option period
funding amount of $56,814.
k) 4.1, Congregate Meals***, Title III-C1 (ARRA) fimding is removed.
1) 4.2, Home-Delivered Meals***, Title III-C2 (ARRA) funding is removed,
m) Paragraph beginning "**American Recovery and Reinvestment Act of 2009" is removed.
Please remove and replace the following:
1. Exhibit C with the attached document with page marked AMENDMENT # 8.
All other Terms and Conditions remain in effect.
CONTRACT513847 AMENDMENTS 8
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this 1" day of July 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of one (1) year.
OPTION TO EXTEND. The County's option to extend is for three (3) increments of one (1) year each for a total of three (3)
years beyond the expiration of the Initial Term, not to exceed June 30, 2010, pursuant to Exhibit C Pricing Schedule. Unless
County notifies Contractor in writing, not less than thirty (30) days prior to the expiration date that they do not intend to renew
the Agreement; the Agreement will be automatically renewed for another year.
Options To Extend For One To Six Additional Months At End Of Agreement. County shall also have the option to extend
the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar
months at the discretion of the County Purchasing and Contracting Director. Each extension shall be effected by written
unilateral Agreement amendment delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any
Agreement term.
The rates set form in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised
pursuant to mis option clause unless provision for appropriate price adjustment has been made elsewhere in thjs Agreement
or by Agreement amendment All payments are subject to "Availability of Funds."
COMPENSATION: Pursuant to Exhibit C, County agrees to pay Contractor 8 sum not to exceed one hundred twenty four
thousand one hundred eight two dollars ($124,182) for the initial term of this Agreement, one hundred fifty nine thousand four
hundred four dollars ($159,404) for the first option year, one hundred eighty seven thousand five hundred fifty nine dollars
($187,559) for the second option year, two hundred thirty two thousand eight hundred nineteen dplfars($232,819) for the third
option year, and fifty six thousand eight hundred fourteen dollars ($56,814) for the remaining three (3) month option period, for
a maximum Agreement amount of seven hundred sixty thousand seven hundred seventy eight dollars ($760,778), in accordance
with the method of payment stipulated in Article 4. It is understood that the parties will meet and confer on the contract price if
adjustments are made to the scope of work for an extension of the term or terms. These discussions shall not obligate either party
to make a requested adjustment to the scope of work or price except as otherwise set forth in this Agreement, nor shall it relieve
either party of its obligations under the Agreement.
COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR")
Marilyn Driscoll
Aging & Independence Services
9335 Hazard Way, San Diego, CA 92123
Phone: 858-505-6533, Fax: 858-694-2316
: Marilyn.Driseoll@sdcounty.ca.gov
CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's
Representative.
Lisa Hildabrand, City Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682; Fax: 760-434-4206
Email: lhildabrand@ci.carlsbad.ca.us
Pro Forma Service Agreement Page 1 of I Rev 10/8/07
City of Carlsbad Amendment # 08
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 7
To The City ofCarlshad. Pursuant to the contract changes clause, you are directed to make thechanges described herein lo the Contract
or do the following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Program Effective Date: March 1,2010
Description of Contract Change@) and/or Work To Be Done:
1) The Signature Page of the Pro Forma Service Agreement is modified as follows:
a) Compensation. The compensation for the third option year (Fiscal Year 2009-2010) of the Agreement is increased by $3 1,094
for a revised new total of $232,819.
b) Total contract price is increased to $860,521.
c) COTR is changed to Marilyn Driscoll.
PLEASE NOTE: A copy of the revised "Signature Page" is attached for your convenience. Do not remove and replace the
"Signature Page" with the attached sample.
Description of Additional Contract Change@) andlor Work To Be Done:
2) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, for Fiscal Year 2009-2010 is modified as follows:
a) Table title"Service Units and Rates for Fiscal Year 2009-2010 is changed to "Service Units and Rates for the Period ofMarch
1,2010 June 30,2010.
b) Exhibit A Paragraph Reference 4.1, Congregate Meals, is modified as follows:
i) # of Service Units: The prorated number of Service Units is 9,380.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $5.00.
iii) Total: The Total funding amount for the four month period is increased from $34,706 to $46,900.
c) Exhibit A Paragraph Reference 4.2, Home-Delivered Meals, is modified as follows:
i) #of Service Units: The prorated number of Service Units is 3,000.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $3.75.
iii) Total: The Total funding amount for the four month period is increased from $5,881 to $11,250.
d) Exhibit A Paragraph Reference 4.4, Transportation, is modified as follows:
i) #of Service Units: The prorated number of Service Units is 2,233.
ii) Total: The Total funding amount for the four month period is $1 1,165.
e) Exhibit AParagraph Reference 4.1, Incentive Payments, is modified as follows:
i) # of Service Units: The prorated number of Service Units is 9,380.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $0.80.
iii) Total: The Total funding amount for the four month period is increased from $5,881 to $7,504.
f) Exhibit A Paragraph Reference 4.2, Incentive Payments, is modified as follows:
i) # of Service Units: The prorated number of Service Units is 3,000.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $0.90.
iii) Total: The Total funding amount for the four month period is increased from $1,935 to $2,700.
g) Exhibit A Paragraph Reference 4.1. One Time Only (OTO) Funding. OTO-C1 funding is added in the amount of $6,326 for
two freezers ($3,163 each) and $4,425 for one refrigerator.
i) Total: The Total funding amount is $10,751.
h) 4.1, Congregate Meals***,Title III-CI (ARRA) funding is modified as follows:
i) # of Service Units: The prorated number of Service Units is 9,380.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $0.70.
iii) Total: The Total funding amount for the four month period is increased from $3,790 to $6,566.
i) 4.2, Horne-Delivered Meals***, Title Ill-C2 (ARRA) funding is modified as follows:
i) # of Service Units: The prorated number of Service Units is 3,000.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $0.50.
iii) Total: The Total funding amount for the four month period is increased from $906 to $1,500.
j) "Rates only apply to claims submitted for the months of July 2009-June 2010" is removed.
Please remove and replace the following:
1. Exhibit C with the attached document with page marked AMENDMENT #7.
All other Terms and Conditions remain in effect.
CONTRACT 513847 AMENDMENT # 7
COUNTY OF SAN DIEGO -DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 7
FN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above.
We, the undersigned Contractor, have given careful consideration to THIS AMENDMENTIS NOTVALID UNLESS APPROVED BY
the change proposed and hereby agree, if this proposed change is THE DIRECTOR, DEPARTMENT OF PURCHASING AND
approved, that we will provide all equipment, furnish all materials, CONTRACTING
except as may otherwise be noted above, and perform all services
necessary for the work s~ecilied herein, and will accent as full Department Review and Recommended Approval: . .
payment an estimated increased price of $232,819 for ~iscal Year
2009-20 10.
Contract time for comdetion remains unchanged. .
PAMELA B. SMITH, Director
Date:
Lisa Hildabrand, City Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682
Fax: 760-434-4206
APPROVED:
,
By: 1 +rn4 fl,,L,Ai ~G-L/
WINSTON F. McCOLL, Ds tor fv Department of Purchsing maracting
Date: 3lil (tclla
CONTWCT 513847 AMENDMENT # 7
COUNTY CONTRACT NUMBER 513847
COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C -FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
I. COMPENSATION: The compensation listed below is not designed to fully fund the program. The fixed
supplemental rates are dcvclopcd annually based on funding and determined to offset the cost of providing
services. These rates are subject to availability of funding from the State of California, California
Department of Aging (CDA). A completed report of actual costs (closeout report) expended shall be
submitted at the end of the fiscal year.
2. SERVICE UNITS AND RATES FOR THE PERIOD OF MARCH 1,2010 -JUNE 30,2010 1 I I
Exhibit A
Paragraph
Reference
4.1
4.2
( One-time-only (OTO) 1 OTO-CI ( NIA / N/A I SIO.75I
4.4
4.1
4.2
Congregate Meals
Home-Delivered Meals
Services
Transportation
Incentive Payments*
Incentive Payments*
4.2
4.4
# of Service
Units
Funding
Source
Title 111-C1
(1)
Title 111-C2
(2)
4.1
Title 111-B (3)
NSIP-C I
NSIP-C2
One-time-only (OTO)
One-time-only (OTO)
4.2
Exhibit CFiscal Terms & Conditions and Pricing Schedule
City of Carlsbad
Fixed
Supplemental
Rate
9,380
3,000
Congregate Meals***
TOTAL
Page 1 of 1
Total
2,233
9,380
3,000
OTO-C2
OTO-B
Home-Delivered Meals***
$98,336
Contract# 513847
Amendment # 07
$5.00
$3.75
Title III-C1
(ARRA)
(1) State of California C-lfunding stream
(2) State of California C-2 funding stream
(3) State of California B funding stream
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based on actual
prior year number of meals served. ** American Recovery and Reinvestment Act of 2009 (Recovery Act 2009) funding stream (ARRA).
$46,900
$11,250
$5.00
$0.80
$0.90
N/A
0
Title Ill-C2
(ARRA)
$11,165
$7,504
$2,700
9,380
N/A
0
3,000
0
0
$0.70 $6,566
$0.50 $1,500
COUNTY AGREEMENT NUMBER 513847 , .
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this Is' day of July 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of one (1) year.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one (1) year each for a total of four (4)
years beyond the expiration of the Initial Term, not to exceed June 30, 201 1, pursuant to Exhibit C Pricing Schedule. Unless
County notifies Contractor in writing, not less than thirty (30) days prior to the expiration date that they do not intend to renew
the Agreement; the Agreement will be automatically renewed for another year.
Options To Extend For One To Six Additional Months At End Of Asreement. Co
the term of this Agreement in one or more increments for a total of no less than o
months at the discretion of the County Purchasing and Contracting Director. Eac
unilateral Agreement amendment delivered to Contractor no less than fifteen (15)
Agreement term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this Agree
pursuant to this option clause un!ess provision for appropriate price
or by Agreement amendment. All payments are subject to "Availab
COMPENSATION: Pursuant to Exhibit C, Co
thousand one hundred eight two dollars ($124,18
hundred four dollars ($159,404) for the first option year,
($187,559) for the second option year, two hundred thirty
option year, and one hundred fifty six thousand fi maining one (I) year option
period, for a maximum Agreement amount of
accordance with the method of payment stipulat
contract price if adjustments are made to the sc
obligate either party to make a requested adjust rice except as otherwise set forth in this
Agreement, nor shall it relieve either party of its oh
COTR. The County
CONTRACTOR'S
has
actor has designated the following
a Hildabrand, City Manager -. "- .. .
v fh 799 pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682
Fax: 760-434-4206
Pro Foma Service Agreement
City of Carlabad
Page I of I
:a1 Representative ("COTR)
1
individual as the Contractor's
Rev 1018M7
Amendment # 07
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 06
To The City of Carlsbad. Pursuant to the conbact changes clause, you are directed to make the changes described herein to the Contract
or do the following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Program Effective Date: August 15,2009
Description of Contract Change(s) andlor WorkTo Be Done:
1) The Signature Paee of the Pro Forma Service Agreement is modified as follows: - - .
a) Compensation.
i) The compensation for the third option year (Fiscal Year 2009-2010) ofthe Agreement is changed. $14,087 is added for
a revised new total of $201,725.
h) Total contract price is increased to $829,437.
PLEASE NOTE: Acopy of the revised "Signature Page" is attached for your convenience. Do not remove and replace the
original "Signature Pagen with the attached sample.
Description ofAdditional Contract Change(s) andlor Work To Be Done:
2) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, for Fiscal Year 2009-2010 is modified as follows:
a) 4.1, Authorized Providers within the City of San Diego only; Congregate meals is removed.
h) 4.1, Congregate Meals*", Title III-C1 (ARRA; Recovery Act 2009): Funding is added in the amount of $1 1,369. 28,140
congregate meals will be reimbursed at arate of $0.404 per meal for ARRA C-I.
c) 4.2, Home-Delivered Meals***, Title III-C2 (ARRA; Recovery Act 2009) funding is added in the amount of $2,7 18. 9,000
home-delivered meals will be reimbursed at a rate of $0.302 per meal for ARRA C-2.
d) Total. Total amount for Fiscal Year 2009-2010 is increased from $187,638 to $201,725
e) The note "**Autborizedproviders within the City of San Diego.. .subject to availability of funding" at the bottom ofExhibit
C is removed.
Please rcmovc and rcplacc the following:
I. Exhibit C with the attached document with pngcs marked AhlEND>lElr;'l' # 06.
IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above.
We, the undersigned Contractor, have given careful consideration to THIS AMENDMENT IS NOT VALID UNLESS APPROVED BY
the change proposed and hereby agree, if this proposed change is THE DIRECTOR, DEPARTMENT OF PURCHASING AND
approved, that we will provide all equipment, furnish all materials, CONTRACTING
except as may otherwise be noted above, and perform all services view Recom ended A proval:
necessary for the work specified here& and will accept as full
payment an increased to $201,725 for Fiscal Year 2009-2010. By:
Contract time for completion remains unchanged.
dh&hJ
PAMELA B. SMITH, Director
Aging & Independence Services
Date: 9 - / a- 9
Date: 8110 1 07
Lisa HiIdabrand, City Manager
City of Cnrlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682
Fax: 760-434-4206
APPROVED:
By: I*n& ll&l%;?.
WINSTON E MCCOL(, @ector
LrP Department of Purchasinxand Contracting
Date: QI h'.( I""\ I
CONTRACT 513847 AMENDMENT # 06
ATTACHMENT B
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this 1" day of July 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of one (I) year.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one (1) year each for a total of four (4)
years beyond the expiration of the Initial Term, not to exceed June 30, 201 1, pursuant to Exhibit C Pricing Schedule. Unless
County notifies Contractor in writing, not less than thii (30) days prior to the expiration date that they do not intend to renew
the Agreement; the Agreement will be automatically renewed for another year.
Ootions To Extend For One To Six Additional Months At End Of Ameement County shall also have the option to extend
the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar
months at the discretion of the County Purchasing and Contracting Director. Each extension shall be effected by written
unilateral Agreement amendment delivered to Contractor no less than fifteen (15) calendar days prior to expiration of any
Agreement term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised
pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in this Agreement
or by Agreement amendment. All payments are subject to "Availability of Funds."
COMPENSATION: Pursuant to Exhibit C, County agrees to pay Contractor a sum not to exceed one hundred eighty eight
thousand three hundred twenty one dollars ($124,182) for the initial term of this Agreement, one hundred fifty nine thousand
four hundred four dollars ($159,404) for the fust option year, one hundred eighty seven thousand five hundred fifty nine dollars
($187,559) for the second option year, two hundred one thousand seven hundred twenty five dollars ($201,725) for the third
option year, and one hundred fifty six thousand five hundred fifty seven dollars ($156,557) for the remaining one (1) year option
period, for a maximum Agreement amount of eight hundred twenty nine thousand four hundred twenty seven dollars ($829,427),
in accordance with the method of payment stipulated in Article 4. It is understood that the parties will meet and confer on the
contract price if adjustments are made to the scope of work for an extension of the term or terms. These discussions shall not
obligate either party to make a requested adjustment to the scope of work or price except as otherwise set forth in this
Agreement, nor shall it relieve either party of its obligations under the Agreement.
COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR")
Bonita Maglidt, Contract Administrator
Aging & Independence Services
9335 Hazard Way, San Diego, CA 92123
Phone: 858-505-6377, Fax. 858-495-5080
E-mail: Bonita.Maglidt@sdcounty.ca.gov
CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's
Representative.
Lisa Hildahrand, City Manager
City of Carlsbad
I
799 Pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682
Fax: 760-434-4206
Pro Forma Semice Agieement
City of Carlsbad
Page 1 of 1
Amendment # 06
COUNTY CONTRACT NUMBER 513847
COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE .
1. COMPENSATION: The compensation listed below is not designed to fully fund the program. The
fixed supplemental rates are developed annually based on funding and determined to offset the cost of
providing services. These rates are subject to availability of funding from the State of California,
California Department of Aging (CDA). A completed report of actual costs (closeout report) expended
shall be submitted at the end of the fiscal year.
2. SERVICE UNITS AND RATES FOR FISCAL YEAR 2009-10
1 4.2 1 Home-Delivered Meals / Title 111-C2 (2) 1 9,000 1 $2.95 1 $26,550 1
Exhibit A
Paragraph
Reference
4.1
# of Sewice
Units
1 TOTAL / $201,725 1
Sewices
Congregate Meals
ne-time-only (OTO)
Congregate Meals***
(1) State of California C-lfunding stream
(2) State of California C-2 funding stream
(3) State of California B funding stream
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based on
actual prior year number of meals served.
**American Recovery and Reinvestment Act of 2009 funding stream (ARRA). Rates only apply to claims submitted
for the months of July 2009-June 2010.
Fixed
Supplemental
Rate
Funding
Source
4.2
Exhibit C - Fiscal Terms & Conditions and Pricing Schedule
City afcarlsbad
Total
Title III-CI (1)
Page I of 1
Home-Delivered Meals***
Contract# 513847
Amendment # 06
28,145
Title III-C2
(ARRA)
$3.70 $104,136
9,000 $.302 $2,718
Sil ?Hni FLRUH 'i!5 pH'( IS Pi'j.?+,
F SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTQG
CONTRACT NO. 513847 AMENDMENT NO. 05
Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or
the following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Program Effective Date: May 15,2009
Description of Contract Change@) andlor WorkTo Be Done:
1) The Signature Page of the Pro Forma Se~i~eAgreement is modified as follows:
a) Compensation. The compensation for the second option year (Fiscal Year 2008-2009) of the Agreement is increased by
$7,927 for a revised new total of $172,760.
b) Compensation. The compensation for the third option year(Fisca1Year 2009-2010) ofthe Agreement is increased by $3 1,081
for a revised new total ofS187,638.
c) Total contract price is increased to $800,541.
d) COTR. The COTR is changed from Michael Strawn to Bonita Maglidt.
PLEASE NOTE: A copy of the revised "Signature Page" is anached for your convenience. Do not remove and replace the
"Signature Page" with the attached sample.
Description of Additional Contract Change@) andlor Work To Be Done:
2) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, for Fiscal Year 2008-2009 is modified as follows:
a) 4.1, Congregate Meals***, Title Ill-CI (ARRA) funding is added in the amount of $6,270. Congregate meals will be
reimbursed at a rate of $1.36 per meal for ARRA C-l not to exceed 2,305 meals per month.
b) 4.2, Home-Delivered Meals***, Title Ill-C2 (ARRA) funding is added in theamount of$1,657. Home-delivered meals will
be reimbursed at a rate of $1.05 per meal for ARRA C-2 not to exceed 789 meals per month.
c) Total. Total amount for Fiscal Year 2008-2009 is increased from $164,833 to $172,760.
3) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, for Fiscal Year 2009-2010 is modified as follows:
a) #2, Service Units and Rates for Fiscal Year, is changed to 2009-2010
b) Exhibit A Paragraph Reference 4.1, Congregate Meals, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 28,145.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $3.70.
iii) Total: The Total funding amount is increased to $104,136.
c) Exhibit A Paragraph Reference 4.2, Home-Delivered Meals, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 9,000.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $2.95.
iii) Total: The Total funding amount isincreased to $26,550.
d) Exhibit A Paragraph Reference 4.4, Transportation, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 6,700.
ii) Total: The Total funding amount is increased to $33,500.
e) Exhibit A Paragraph Reference 4.1, Incentive Payments, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 28,145.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $0.627.
iii) Total: The Total funding amount isincreased to $17,647.
t) Exhibit A Paragraph Reference 4.2, Incentive Payments, is modified as follows:
i) # of Service Units: The number of Service Units isincreased to 9,000.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $0.645.
iii) Total: The Total funding amount isincreased to $5,805.
g) Exhibit A Paragraph Reference 4.1, One-Time-Only (OTO-CI), is modified as follows:
i) Total: The Total funding amount is removedand replaced with "0".
h) Exhibit A Paragraph Reference 4.2, One-Time-Only (OTO-C2), is modified as follows:
i) Total: The Total funding amount is removedand replaced with "0.
i) Total. Total amount for Fiscal Year 2009-2010 is increased from $156,557 to $187,638.
Please remove and replace the following:
I. Exhibit C with the hvo attached documents with pages marked AhlENDMENT # 05 (2008-2009) and #05 (2009-2010).
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 05
All other Terms and Conditions remain in effect.
lN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above.
We, the undersigned Contractor, have given careful consideration to THIS AMENDMENT IS NOT VALID UNLESS APPROVED BY
the change proposed and hereby agee, if this proposed change is THE DIRECTOR, DEPARTMENT OF PURCHASING AND
approved, that we will provide all equipment, furnish all materials, CONTRACTING
except as may otherwise be noted above, and perform all services
necessary for the work specified herein, and will accept as full
payment an estimated increased price of $172,760 for Fiscal Year
200&2009 and an estimated increased price of $187,638 for Fiscal
Year 2009-2010. By:
Contract time for completion remains unchanged. PAMELA B. SMITH, Director
Aging & Independence Services
ate: F/ I +I OF
APPROVED:
,
Lisa Hildabrand, City Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: (760) 602-4682
Fax: (760) 434-4206
By: whch9z.
WINSTON F. McCOLL, @tor
Department of Purchasing and Contracting
Date: dI~i64 b.
CONTRACT #5 13847 AMENDMENT # 05 ATTACHMENT A
COUNTY CONTRACT NUMBER 513847
COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRlTlON PROGRAM
- .. EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE - - . . . . . . . . -. . . . - . - - - . . - . . . . -. .
1. COMPENSATION: The compensation listed below is not designed to fully fund the program. The
fixed supplemental rates are developed annually based on funding and determined to offset the cost of
providing services. These rates are subject to availability of funding from the State of California,
California Department of Aging (CDA). A completed report of actual costs (closeout report) expended
shall be submitted at the end of the fiscal year.
2. SERVICE UNITS AND RATES FOR FISCAL YEAR 2009-10
Exhibit A
Paragraph
Reference
44 1 Transportation 1 Title 111-B (3) 1 6,700 1 $5.00 1 $33,500 1
4.1
4.2
Services
Congregate Meals
Home-Delivered Meals
4.1
4.2
4.1
4.2
4.4
TOTAL 1 $201,725
(1) State of California C-lfunding stream
(2) State of California C-2 funding stream
(3) State of California B funding stream
'Numtion Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based on
actual prior year number of meals served.
"American Recovery and Reinvestment Act of 2009 funding stream (ARRA). Rates only apply to claims submitted
for the months of July 2009-June 2010.
Funding
Source
4.1
4.2
Exhibit C - Fiscal Terms &Conditions and Pricing Schedule
City of Carlsbad
Title 111-CI (1)
Title 111-C2 (2)
Incentive Payments*
Incentive Payments*
One-time-only (OTO)
One-time-only (OTO)
One-time-only (OTO)
Page 1 of 1
# of Service
Units
Congregate Meals***
Home-Delivered Meals***
ATTACHMENT B
28,145
9,000
NSIP-C 1
NSIP-C2
OTO-C 1
OTO-C2
OTO-B
Conoact # 513847
Amendment # 06
Fixed
Supplemental
Rate
Title 111-C 1
(Am)
Title 111-C2
(Am)
Total
$3.70
$2.95
28,145
9,000
0
0
0
$104,136
$26,550
28,140
9,000
$0.627
$0.645
0
0
0
$17,647
$5805
0
0
0
$.404
$.302
$ 11,369
$2,7 18
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 04
To City of Carlsbad. Pursnant to the contract changes clause, you are directed to make the changes described herein to the Contract or do the
following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Program Effective Date: August 1,2008
Description of Contract Change@) and/or Work to Be Done:
1) The Signature Page of the Pro Forma Senice Agreement is modified as follows:
a) Compensation. The compensation for the second option year (Fiscal Year 2008-2009) of the Agreement is increased by $8,274 for a
total of $164,831. Total contract price is increased to $761,531.
PLEASE NOTE: A copy of the revised "Signature Page" is attached for your convenience. Do not remove and replace the
"Signature Pagen with the attached sample.
Description of Additional Contract Chage(s) andlor Work to Be Done:
2) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, is modified as follows:
a) #2, Senice Units and Rates for Fiscal Year, is changed to 2008-2009
b) Exhibit A Paragraph Reference 4.1, Congregate Meals, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 24,571
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is increased to $3.68
iii) Total: The Total funding amount is increased to $90,421
c) Exhibit A Paragraph Reference 4.2, Home-Delivered Meals, is modified as follows:
i) #of Service Units: The number of Service Units is increased to 8,078.
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is decreased to $2.91
iii) Total: The Total funding amount is increased to $23,507.
d) Exhibit A Paragraph Reference 4.4, Transpoltation, is modified as follows:
i) #of Service Units: The number of Service Units is decreased to 6,142
ii) Total: The Total funding amount is decreased to $30,708
e) Exhibit A Paragraph Reference 4.1, Incentive Payments, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 24,571
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is decreased to $0.621
iii) Total: The Total funding amount is increased to $15,259
f) Exhibit A Paragraph Reference 4.2, Incentive Payments, is modified as follows:
i) # of Service Units: The number of Service Units is increased to 8,078
ii) Fixed Supplemental Rate: The Fixed Supplemental Rate is decreased to $0.611
iii) Total: The Total funding amount is increased to $4,936
g) Total. Total amount for Fiscal Year 2008-2009 is increased flom $156,557 to $164,831
Please remove and replace the following:
1. Exhibit C with attached documents with pages marked AMENDMENT #05
All other Tms and Conditions remain in effect.
IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first sd forth above.
We. the undersiened Conhador. have eiven careful consideration to
thechange proposed and hereby agree, if this proposed change is
approved, that we will provide all equipment, furnish all materials,
except as may otherwise bc noted above, and perform all services
necessary for the work specified herein, and will accept as full
payment an estimated increased price of $164,831 for Fiscal Year
2008-2009.
Contract time for completion remains unchanged.
-
Date: 81 1 >log/
Lisa HiIdabrand, City Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
THIS AMENDMENT IS NOT vALm UNLESS APPROVED BY
THE DIRECTOR, DEPARTMENT OF PURCHASMG AND
CONTRACTING -
ended Approval:
PAMELA B. mirector . ~ ~~
Aging & Independence Services
Date: P 1 I 5 /0 6
APPROVED:
By: /
WSTON E ~c~~I$,rnrector
Department of Purchasing and Contracting TWa
L'
Date: r- 17.0
CONTRACT U513847 AMENDMENT #04
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this I" day of July 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of one (1) year.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one (I) year each for a total of four (4)
years beyond the expiration of the Initial Term, not to exceed June 30, 201 1, pursuant to Exhibit C Pricing Schedule. Unless
County notifies Contractor in writing, not less than thii (30) days prior to the expiration date that they do not intend to renew
the Agreement, the Agreement will be automatically renewed for another year.
O~tions To Extend For One To Six Additional Months At End Of Agreement. Coun ve the option to extend
the term of this Agreement in one or more increments for a total of no less than one no more than six (6) calendar
months at the discretion of the County Purchasing and Contracting Director. Eac
unilateral Agreement amendment delivered to Contractor no less than fifteen (15)
Agreement term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement sh
pursuant to this option clause
or by Agreement amendment.
COMPENSATION: Purs
thousand one hundred eighty two
hundred four dollars ($159,404)
($164,831) for the second (zd)
each of the two (2) remaini
five hundred thirty one dollars
that the parties will meet and confer on the contract of work for an extension of the
term or terms. These discussions shall not obligate
except as otherwise set forth in this Agreement, nor s
COTR The County has designated the following indiv' cer's Technical Representative ("COTR)
CONTRACTOR'S RE E. Th% ha designated the following individual as the Contractor's
Representative.
n, Recreation Area Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, California, 92008
-4682; Fax: 760-434-4206; e-mail: glynn@ci.carlsbad.ca.us
Pro Farma Service Agreement
City ofcarlrbad
Page I of I Rev 10108107
Amendment # 04
COUNTY CONTRACT NUMBER 513847
COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1. COMPENSATION: The compensation listed below is not designed to fully fund the program. The fixed
su~plemental rates are developed annually based on funding and determined to offset the cost of arovidine - -
services. These rates are sibject to availability of funfunding &om the State of California, California
Department of Aging (CDA). A completed report of actual costs (closeout report) expended shall be
submitted at the end of the fiscal year.
2. SERVICE UNITS AND RATES FOR FISCAL YEAR 2008-2009 I
(1) State of California C-lfunding stream
(2) State of California C-2 funding stream
(3) State of California B funding stream
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based
on actual prior year number of meals served.
**Authorized providers within the City of San Diego may receive additional funds, subject to availability of
funding
4.1
4.2
4.4
4.1
Exhibit C - Fiscal Temu & Conditiaos and Pricing Schedule Page 1.
City of Carlsbad
Contract # 513847
Amendment # 04
One-time-only
(OTO)
One-time-only
One-time-only
Authorized
Providers within
the City of San
Diego only;
Congregate
Meals
TOTAL
OTO-C 1
OTO-C2
OTO-B
City-
funded**
$164,831
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
$0
0
0
0
COUNTY CONTRACT NUMBER 513847
COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
@ AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1. COMPENSATION: The compensation listed below is not designed to fully fund the program. The fixed
supplemental rates are developed annually based on funding and determined to offset the cost of providing
senices. These rates are subject to availability of funding from the State of California, California
submitted at the end of the fiscal year.
I
i.3 , ,
Providers within
I
(1) State of California C-lfunding stream
(2) State of California C-2 funding stream
(3) State of California B funding stream
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based
on actual prior year number of meals served. 3 **Authorized providers within the City of San Diego may receive additional funds, subject to availability of
funding
Exhibit C - Fiscal Terms &Conditions and Pricing Schedule Page 1
City of Carlsbad
ConmclU 5:3847
Amendment # 04
COC'NTY AGREEMENT N~~~IBER 513~7
ACKEE\IENf WITH CITY OF CARLSBAD
FOR SENIOR NI'TRITION PHO(;RAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall he effective this 1" day of July 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of one (1) year.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one (1) year each for a total of four (4)
years beyond the expiration of the Initial Term, not to exceed June 30, 2011, pursuant to Ehbit C Pricing Schedule. Unless
County notifies Contractor in writing, not less than tlurty (30) days prior to the expiration date that they do not intend to renew
the Agreement; the Agreement will be automatically renewed for another year.
O~tions To Extend For One To Six Additional Months At End Of Aereement. County shall.$&bpe the option to extend
the term of this Agreement in one or more increments for a total of no less than one (1) ' 'no more than six (6) calendar
months at the discretion of the County Purchasing and
unilateral Agreement amendment delivered to Contractor no less
Agreement term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this
pursuant to this option clause unless provision for appropriate price
or by Agreement amendment. All payments are subject to "~vailability~~~unds." :.:x* .... ..*:.:*<:?A.
COMPENSATION: Pursuant to
thousand one hundred eighty two dollars
hundred four dollars ($159,404) for the fust (I") option year, fineen dollars
($179,815) for the second (2"*) option year, and one hundred
of the two (2) remaining one-year option periods, for a
hundred nine dollars ($782.209), in accordance with
parties will meet and confer on the contract price if
@ terms. These discussions shall not obligate either
othenvlse set forth in this Agreement, nor shall it
........ ........ ., ,, .. . ............. COTR. The County has designated the following indivihl i6<&&gontractin&afficer9s Technical Representative ("COTR) " ..;.:<<$$, *, ..:, .......... ..a,;: .>., .......... 0. '.'" +.:,: . .............. ..:?*;i$&@$@!, ~tra$$$ontri~~&ua(nistrator ..... ...... ._.\, . '.:?~;,'.'.~~@g,&r.l;nd~endenc~~eTyices
93%. ~~&ij~$$$$jan D&~o, CA 92 123
Ph: 858-505-6955, c~~.858-694:Z$, Michael.Strawn@sdcounty.ca.gov .:.:.. ... ... ... ......
CONTRACTOR'S REP TIVE. The ?&p$ptor has designated the following individual as the Contractor's ...... Representative. .? ;:::..
, Recreation Area Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, California, 92008
2-4682; Fax: 760-434-4206; e-mail: glynn@ci.carlsbad.ca.us
Pro Forms Service grcemenl
C~ry ofcarlsbad
Page I of I Rev 10/07!08
Amendment 11 04
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 513847 AMENDMENT NO. 03
To City of Carlsbad. Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or
do the following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Services Effective Date: 4-15-08
Description of Contract Change@) andlor Work To Be Done:
Items numbered 1 - 13 below add new language to existing provisions and add new provisions to the Pro Forma Service
Agreement as listed.
1) Recital A: "Pursuant to Article XXIII, Section 401 of the Administrative Code" is removed.
2) Recital E: Recital E is deleted and added to Recital D.
3) Article 1, Performance of Work, is modified as follows:
a) Paragraph 1.2, Contractor's Representative: The fmt sentence of the paragraph beginning with ". . .The person identified
on the signature page.. ." and ending with ". . .senices under this Agreement.. ." is added.
b) Paragraph 1.4.3, County Approval, is removed.
4) Article 2, Scope of Work, is modified as follows:
a) Paragraph 2.3, Responsibility For Equipment, is added.
b) Paragraph 2.4, Non-Expendable Property Acquisition, is added.
5) Article 3, Disentanglement, is added. New section allows for contractor recovery of Disentanglement costs as long as the
costs are kept within the confines of the original budget.
6) Article 4, Compensation, is modified as follows:
a) Paragraph 4.1 : "In no event shall County pay Contractor in excess of the amount identified on the signature page" is
added.
i) Paragraph 4.1.1 is deleted and added to 4.1.
ii) Paragraph 4.1.1.1, General Principles For Cost Reimbursement Elements or Provisional Rates, replaces 4.3 and
4.3.1
iii) Paragraph 4.1.1.2, Agreement Budget, replaces 4.3.2.
iv) Paragraph 4.1.2.4, Fees for Service, is added.
b) Paragraph 4.2 Invoices and Payment, is modified as follows:
i) Paragraph 4.2.2.1, Invoices, is removed and added to 4.2.1, Invoices.
ii) Paragraph 4.2.2.2, Payments: Language is removed and added to 4.2.3, Payments
iii) Paragraph4.2.2.3: Language is removed and added to 4.2.3, Payments; and"For Provisional Rates.. .... expenses as
specified in Articles 11 and 13" is added.
iv) Paragraph 4.2.4, Prompt Payment for Vendors and Subcontractors, and subsequent paragraphs 4.2.4.1 through
4.2.2.4 are added. New section imposes a thirty (30)-day deadline for contractors to reimburse sub-contractors and
vendors after receiving payment Gem the county for claimed expenses.
v) Paragraph 4.2.7, Project Generated Revenue, and subsequent paragraphs 4.2.7.1 and 4.2.7.2 are added.
vi) Paragraph 4.3, Medi-Cal Requirement, and subsequent paragraphs 4.3.1 through 4.3.10 are added.
vii) Paragraph 4.3.3, Administrative Adjustments, is renumbered as 4.2.2.3.
viii) Paragraph 4.4, Claims for Payment of EPSDT Medi-Cal Services, and subsequent paragraphs 4.4.1 through 4.4.6 are
added.
ix) Paragraph 4.4.3, Full Compensation, is renumbered as 4.2.5.
X) Paragraph 4.4.4, Final Fiscal Year End Settlements, is renumbered as 4.2.3.3.
xi) Paragraph 4.4.5, Final Agreement, is renumbered as 4.2.3.4.
xii) Paragraph 4.4.6, Interpretation of Claim Provisions, is renumbered as 4.2.6.
xiii) Paragraph 4.4.7, Severability Limits, is renumbered as 4.2.8.
xiv) Paragraph 4.4.8, Partial Payment, is renumbered as 4.2.10.
7) Article 7, Termination, is modified as follows:
a) Paragraph 7.1, Termination for Default, is split into three paragraphs and the numbering "7.1.1" is removed.
i) Paragraph 7.4.4 and subsequent Paragraphs 7.4.4.1 through 7.4.4.6 are added.
8) Article 8, Compliance With Laws and Regulations, is modified as follows: -
a) Paragraph 8.6, AIDS Discrimination: "AIDS" is corrected to "AIDS".
r.A.,-.-uC,,o.~ ..,,-.rr..,--s,,,
b) Paragraph 8.12.4, Family-Centered Practice, Board of Supervisors Policy E-13, is removed.
c) Paragraph 8.12.5, Interlocking Directorate, is renumbered as 8.12.4.
d) Paragraph 8.12.6, Zero Tolerance in Coaching Medi-Cal Or Welfare Clients (Including Undocumented ~mmi&ts), is
renumbered as 8.12.5.
9) Article 11, Audit and Inspection of Records is modified as follows:
a) Paragraph 11.3.2: The following sentence is added: "...County shall keep the materials described above confidential
unless othenvise required by law.. .".
10) Article 13, Use of Documents and Reports, is modified as follows:
a) Paragraph 13.6, Audit Requirement: Modification clarifies language and standards for required contractor audits.
1 1) Article 15, Disputes, is modified to specify interpretation of medical necessity and preservation ofright to withhold payment
if disputing the medical necessity of care.
12) Article 16, General Provisions, is modified as follows:
a) Paragraph 16.20 Responsiveness to Community Concerns: Modification clarifies language that contractors are not
required to report every complaint they receive. Reporting required if issue relates to quality of care or abuse.
13) Signature Page is modified as follows:
a) Compensation Clause: Language is added that County and Contractor will confer if contract price is adjusted resulting
fiom the extension of the contract tenn.
PLEASE NOTE: A copy of the revised "Service Agreement", pages 1 through 20, is attached lor your convenience and a
sample ofthe "Signature Page" is provided for your convenience. Do not remove and replace the "Signature Page" with the
attached.
Description of Additional Contract Change@) andlor Work to Be Done:
1) Exhibit A, Performance Work Statement, is modified as follows:
a) Paragraph 2, Background, is modified to remove reference to number of contractors and sites.
b) Paragraph 6.2, website link is changed 60m "http://www.energy.ca.gov/title24/indexh to "www.bsc.ca.gov".
c) Paragraph 8, Disentanglement, is removed.
2) Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, is modified as follows:
a) One Time Only (OTO) Funding. OTO-CI funding is added in the amount of $2,847 for the purchase of an Ice Machine.
Contract amount for Fiscal Year 2007-2008 is increased from $156,557 to $159,404 with One Time Only funds.
Please remove and replace the following:
1. Service Agreement, pages 1 through 14, with the attached new Service Agreement, pages 1 through 20, with pages marked
AMENDMENT # 03.
2. Exhibit A, Performance Work Statement, with the attached Exhibit A with pages marked AMENDMENT # 03.
3 Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, with attached document with pages marked AMENDMENT
#03.
All other Terms and Conditions remain in effect.
R*[ WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above.
We, the undersigned Contractor, have given careful consideration to THIS AMENDMENT IS NOT VALID
the change proposed and hereby wee, if this proposed change is THE DIRECTOR, DEPARTMENT
m~roved. that we will orovide all aui~ment furnish all materials. c~ING A A . . . .
except &may otherwise be noted above, and perform all services
necessary for the work specified herein, and will accept as full
payment an estimated increase of $2,847, for an amended Fiscal Year
2007-2008 price of $159,404.
Contract time for completion remains unchanged. PAMELAB. SMITH, Director
Date: - *
Lisa Hildabrand, Interim City Manager By:
City of Carlshad WINSTON F. ~c~~I@htor
799 Pine Avenue Department of Purchasing and Contracting
Carlsbad, CA 92008
Ph: 760-602-4682 Date: 4. ! %j 1
CONTRACT # 513847 AMENDMENT# 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("Effective Date") by and
between the County of San Diego, a political subdivision of the State of California ("County") and Contractor City of Carlsbad,
located at 799 Pine Ave, Carlsbad, California 92008 ("Contractor"), with reference to the following facts:
RECITALS
A. The County, by action of the Board of Supervisors on August 2, 2005, Minute Order No. 14, authorized the Director of
Purchasing and Contracting to award a contract for Senior Nutrition Program services.
B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these
services.
C. The Chief Administrative Ofticer made a determination that Contractor can perform the services more economically and
efficiently than the County, pursuant to Section 703.10 of the County Charter.
D. The Agreement shall consist of this pro forma Agreement, Exhibit A Performance Work Statement; Exhibit A-I,
Contractor's Proposal; Exhibit B Insurance Requirements and Exhibit C, Fiscal Terms & Conditions and Pricing Schedule.
In the event that any provision of the Pro Forma Agreement or its Exhibits, A, A-I, B or C, conflicts with any other term or
condition, precedence shall be: First (1st) the Pro Forma: Second (2nd) Exhibit B; Third (3rd) Exhibit A; Fourth (4th)
Exhibit C; Filth (5th) Exhibit A-I.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
ARTICLE I
PERFORMANCE OF WORK
. 1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest
professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all
other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the
work and provide the services required of Contractor by this Agreement.
1.2 Contractor's Re~resentative. The person identified on the signature page ("Contractor's Representative") shall ensure that
Contractor's duties under this Agreement shall be performed on behalf of the Contractor by qualified personnel; Contractor
represents and warrants that (1) Contractor has fulfilled all applicable requirements of the laws of the State of California to
perform the services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor
hereunder. Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to
this Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Term of the
Agreement without County's written consent. County reserves the right to terminate this Agreement pursuant to Clause 7.1
"Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in County's judgment,
the work hereunder is not being performed by Contractor's Representative.
1.3 Contractor as Inde~endent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor, and
neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County.
Contractor shall perform its obligations under this Agreement according to the Contractor's own means and methods of
work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to
control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or
subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation,
overtime, retirement benefits, workers' compensation benefits and injury leave.
1.4 Contractor's Azents and Em~lovees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents,
employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services
shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons
authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at
Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or
subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any
such claim.
Any subcontract, or a combination of subcontract to the same individual or fum for the Agreement period which is in
excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of the Agreement, whichever is less
must have prior concurrence of the Conbacting Officer Technical Representative. Contractor shall provide Contracting
Officer Technical Representative with copies of all other subcontract relating to this Agreement entered into by Contractor
within thirty (30) days after the effective date of the subcontract. Such subcontractors of Contractor shall be notified of
-&
Pro Foma Service Agreement
Ctly afCarlrbad
Agreemat Page l of 20 Rev 10/8D7
Amendment Y 03
COUNTY AGREEMENT NUMBER 513847 . .
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
Contractor's relationship to County. "Subcontractor" means any entity, other than County, that furnishes to Contractor
services or supplies relevant to this Agreement other than standard commercial supplies, off~ce space, and printing services.
1.4.1 Contractor ResoonsibiliQ. In the event any subcontractor is utilized by Contractor for any portion of the project,
Contractor retains the prime responsibility for carrying out all the terms of this Agreement, including the responsi-
bility for performance and insuring the availability and retention of records of subcontractors in accordance with
this Agreement. No subcontract utilizing funds from this Agreement shall be entered into which has a term
extending beyond the ending date of this Agreement.
1.4.2 Mandated Clause. All subcontracts shall include the Standard Terms and Conditions required of Contractor
herein.
ARTICLE 2
SCOPE OF WORK
2.1 Performance Work Statement. Contractor shall perform the work described in the Performance Work Statement attached
as Exhibit "A" to this Agreement, and by this reference incorporated herein, except for any work .therein designated to be
performed by County.
2.2 Rieht To Acauire Eauioment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same
type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest.
2.3 Resoonsibilitv For Eauioment. County shall not be responsible nor be held liable for any damage to persons or property
consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor's employees, even
though such equipment may be furnished, rented, or loaned to Contractor by County or which Contractor may acquire with
funds from this Agreement if payment is on a cost reimbursement basis,. The acceptance or use of any such equipment by
Contractor or Contractor's employees shall be construed to mean that Contractor accepts full responsibility for and agrees
to exonerate, indemnify and hold harmless County 6om and against any and all claims for any damage whatsoever
resulting 6om the use, misuse, or failure of such equipment, whether such damage be to the employee or property of
Contractor, other Contractors, County, or other persons. Equipment includes, but is not limited to material, computer
hardware and software, tools, or other things.
Contractor shall repair or replace, at Contractor's expense all County equipment or fixed assets that are damaged or lost as
a result of Contractor negligence.
2.4 Non-Exoendable hooertv Acauisition. County retains title to all non-expendable property, which Contractor may acquire
with funds 6om this Agreement if payment is on a cost reimbursement basis, including property acquired by lease purchase
Agreement. Contractor may not expend funds under this Agreement for the acquisition of non-expendable property having
a unit cost of $5,000 or more and a normal life expectancy of more than one (1) year without the prior written approval of
Contracting Officer Technical Representative. Contractor shall maintain an inventory of non-expendable equipment,
including dates of purchase and disposition. Inventory records on non-expendable equipment shall be retained, and shall be
made available to the County upon request, for at least three (3) (3) years following date of disposition. Non-expendable
property that has value at the end of a contract (e.g. has not been depreciated so that its value is zero), and which the
County may retain title under this paragraph, shall be disposed of at the end of the Agreement as follows: At County's
option, it may: I) have Contractor deliver to another County contractor or have another County contractor pick up the non-
expendable property; 2) allow the contractor to retain the non-expendable property provided that the contractor submits to
the County a written statement in the format directed by the County of how the non-expendable property will be used for
the public good; or 3) direct the Contractor to return to the County the non-expendable property.
ARTICLE 3
DISENTANGLEMENT
3.1 General Oblieations
At County's discretion, Contractor shall accomplish a complete transition of the services as set forth in Exhibit A to this
Agreement (for purposes of this Article 3.1, these shall be referred to as the "Disentangled Services") being terminated
6om Contractor and the Subcontractors to County, or to any replacement provider designated by County, without any
interruption of or adverse impact on the Disentangled Services or any other services provided by third parties. This process
shall be referred to as the Disentanglement. Contractor shall fully cooperate with County and any new service provider and
otherwise promptly take all steps, including, but not limited to providing to County or any new service provider all
requested information or documentation, required to assist County in effecting a complete Disentanglement. Contractor
shall provide all information or documentation regarding the Disentangled Services or as otherwise needed for
Disentanglement, including, but not limited to, data conversion, client files, interface specifications, training staff assuming
responsibility, and related professional services. Contractor shall provide for the prompt and orderly conclusion of all work
required under the Agreement, as County_may direct, including completion or partial completion of projects,
Pro Foma Service Agreement Agramcnt Page 2 of 20 Rev lorn107
City ofcarlsbad Amcndmml # 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
documentation of work in process, and other measures to assure an orderly transition to County or the County's designee of
the Disentangled Services. All Contractor work done as part of the Disentanglement shall be performed by Contractor and
will be reimbursed by the County at no more than Contractor's costs, up to the total amount of this Agreement. Contractor
shall not receive any additional or different compensation for the work otherwise required by the Agreement. Contractor's
obligation to provide the Services shall not cease until the earlier of the following: I) The Disentanglement is completed to
the County's reasonable satisfaction, or 2) twelve (12) months afier the Expiration Date of the Agreement.
3.2 Disentanglement Process
The Disentanglement process shall begin on any of the following dates: (i) the date County notifies Contractor that no
funds or insufficient funds have been appropriated so that the Term shall be terminated pursuant to the Agreement,
Paragraph 4.1.3; (ii) the date designated by County not earlier than sixty (60) days prior to the end of any initial or extended
term that County has not elected to extend pursuant to the Agreement's, Signature Page, Conmct Term; or (iii) the date any
Termination Notice is delivered, if County elects to terminate any or all of the Services pursuant to the Agreement,
Paragraph 7.1. Subject to Exhibit A Contractor's obligation to perform Disentangled Services, and County's obligation to
pay for Disentangled Services, shall expire: (A) when funds appropriated for payment under this Agreement are exhausted,
as provided in this Agreement, Paragraphs 7.1 and 7.4; (B) at the end of the initial or extended term set forth in this
Agreement's, Signature Page, Contract Term; or (C) on the Termination Date, pursuant to this Agreement, Paragraphs 7.1
and 7.4 (with the applicable date on which Contractor's obligation to perform the Services expires being referred to herein
as the "Expiration Date"). Contractor and County shall discuss in good faith a plan for determining the nahlre and extent of
Contractor's Disentanglement obligations and for the transfer of the Disentangled Services in process provided, however,
that Contractor's obligation under this Agreement to provide all Disentangled Services shall not be lessened in any respect.
3.3 S~ecific Obligations
The Disentanglement shall include the performance of the following specific obligations:
3.3.1 No Interruvtion or Adverse lmoact
Contractor shall cooperate with County and all of the County's other service providers to ensure a smooth transition
at the time of Disentanglement, with no interruption of Disentangled Services or other work required under the
Agreement, no adverse impact on the provision of Disentangled Services or other work required under the
Agreement or County's activities, no interruption of any services provided by third parties, and no adverse impact
on the provision of services provided by third parties.
3.3.2 Third-Pam Authorizations
Without limiting the obligations of Contractor pursuant to any other clause in Exhibit A herein, Contractor shall,
subject to the terms of any third-party contracts, procure at no charge to County any third-party authorizations
necessary to grant County the use and benefit of any third-party contracts between Contractor and third-party
contractors used to provide the Disentangled Services, pending their assignment to County. Similarly, at County's
direction, Contractor shall obtain all legally necessary client consents or authorizations legally necessary to transfer
client data to County or any new service provider.
3.3.3 Return. Transfer and Removal of Assets
3.3.3.1 Contractor shall return to County all County assets in Contractor's possession, pursuant to Paragraph 2.4
of the Agreement.
3.3.3.2 County shall be entitled to purchase at net book value those Contractor assets used for the provision of
Disentangled Services to or for County, other than those assets expressly identified by the Parties as not
being subject to this provision. Contractor shall promptly remove from County's premises, or the site of
the work being performed by Contractor for County, any Contractor assea that County, or its designee,
chooses not to purchase under this provision.
3.3 4 Transfer of Leases. Licenses. and Contracts
Contractor, at its expense, shall convey or assign to County or its designee such fully-paid leases, licenses, and
other contracts used by Contractor, County, or any other Person in connection with the Disentangled Services, as
County may select, when such leases, licenses, and other contracts have no other use by Contractor. Contractor's
obligation described herein, shall include Contractor's performance of all obligations under such leases, licenses,
and other contracts to be performed by it with respect to periods prior to the date of conveyance or assignment and
Contractor shall reimburse County for any losses resulting from any claim that Contractor did not perform any such
obligations.
3.3.5 Delive~ of Documentation
Contractor shall deliver to County or its designee, at County's request, all documentation and data related to
. County, including, but not limited to, the County Data and client files, held by Contractor, and Contractor shall
Pro Fona Service Agrccmcnt Apmenl Page 3 of 20 Rev 1018107
City of Carlsbad Amendment Y 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
destroy all copies thereof not turned over to County, all at no charge to County. Notwithstanding the foregoing,
Contractor may retain one (1) copy of the documentation and data, excluding County Data, for archival purposes or
warranty support.
3.4 Findines Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this
Agreement which the County requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the County.
3.5 Publication, Re~roduction or Use of Materials. No material produced, in whole or in part, under this Agreement shall be
subject to copyright in the United States or in any other country. The County shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this
Agreement. All reports, data and other materials prepared under this Agreement shall be the property of the County upon
completion of this Agreement.
ARTICLE 4
COMPENSATION
4.1 General Princioles
The Pricine. Schedule and Budget, if applicable, are in Exhibit C and the compensation is on the signature page. In no
event shali~ounty pay contractor in excess of the amount identified on the signature Page. county is from
making payments prior to receipt of services (advance payments). County will pay Contractor the agreed upon price(s),
pursuant to Exhibit C for the work specified in Exhibit A, Performance Work Statement; unless the Pricing Schedule and
budget are segregated, in which case the Pricing Schedule is in Exhibit C-I and the budget for cost reimbursement elements
is in Exhibit C-2. Invoices are subject to the requirements below.
4.1.1 Accountine and Financial Support. Contractor shall provide and maintain an accounting and financial support
system to monitor and control costs to assure Agreement completion.
4.1.1.1 General Princi~les For Cost Reimbursement Elements or Provisional Rates. If cost reimbursement
elements or provisional rates are included in this Agreement, Contractor shall comply with generally
accepted accounting principles and good business practices, including all applicable cost principles
published by the Federal Office of Management and Budget (OMB), including A-122, which can be
viewed at htt~://www.whitehouse.~ov/omb/circulars, and any funding source specific to federal or
State laws and regulations. If Contractor receives Medi-Cal or EPSDT funding through this
Agreement, Contractor shall comply with Paragraphs 4.3 and 4.4 below. Contractor's compliance with
Paragraphs 4.3 and 4.4 shall be subordinate to Contractor's compliance with any funding source
specific to federal or State laws and regulations. Contractor shall, at its own expense, hish all cost
items associated with this Agreement except as herein otherwise specified in the budget or elsewhere to
be furnished by County. Contractor shall submit annually to the County a cost allocation plan in
accordance with OMB guidelines.
4.1 .I .2 Agreement Budeet for Cost Reimbursement Elements. In no event shall the Agreement budget total be
increased or decreased prior to County approved Agreement amendment. Some budget line item
adjustments require County review and approval. Adjustments requiring County review and approval
are listed in Exhibit C-2 "Contractor's Budget."
4.1.2 Conditions Prereauisite To Payments. County may elect not to make a particular payment if any of the following
exists:
4.1.2.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial and
material nature with respect to any information furnished to County.
4.1.2.2 Unauthorized Actions bv Contractor. Contractor took any action pertaining to this Agreement, which
required County approval, without having fust received said County approval.
4.1.2.3 Default. Contractor was in default under any temls and conditions of this Agreement.
4.1.2.4 Fees for Service. Contractor shall not implement a schedule of fees to be charged to clients or third party
client representatives without prior County approval, unless authorized elsewhere in this Agreement.
4.1.3 Withholdine. Of Pavment. County may withhold payment until reports, data, audits, or other information required
for Agreement administration or to meet County or State reporting or auditing requirements are received and
approved by COTR or designee. County may also withhold payment if, in County's opinion, Contractor is in
noncompliance with this Agreement.
4.1.4 Disallowance. In the event Contractor receives payment from County for a service, reimbursement for which is
later disallowed by County or the State of California, or the United States of America, Contractor shall promptly
Pro Forma Servlce Agreement Agreement Page 4 of 20 Rev 10/8fl7
Clty of Carlsbad Amendment Y 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
refund the disallowed amount to County on request, or County may offset the amount disallowed from any payment
due to or to become due to Contractor under this Agreement or any other Agreement. Similarly, a disallowance
under a prior Agreement may be offset against this Agreement.
4.1.5 Partial Pavment. If Contractor fails to perform specified services, provide specified products or perform services or
provide products timely and in accordance with specified requirements, Contractor shall be paid only the
reasonable cost for the services performed or products provided for the payment period as determined by the
COTR.
4.1.6 Maximum Price. During the performance period of this Agreement, the maximum price for the items and/or
services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most
favored customer. In no event shall County pay Contractor in excess of the amount identified on the Signature
Page.
4.1.7 Ameement Amendment. An Agreement amendment signed by the Contracting Officer is required to modify the
total Agreement amount or Agreement term.
4.1.8 Availabilitv of Funding. The County's obligation for payment of any Agreement beyond the current fiscal year is
contingent upon the availability of funding 6om which payment can be made. No legal liability on the part of the
County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County and
are made available for such performance.
4.2 Invoices and Pavment
4.2.1 invoices. County agrees to pay Contractor in arrears only after receipt and approval of properly completed monthly
invoices by the COTR for the work performed in the prior month. Invoices shall be detailed and itemized original
invoices referencing the Agreement number, Invoice number, and submitted utilizing the proper invoice form
provided by COTR, pursuant to Exhibit C, documenting the total invoiced amount by Contractor. Contractor's
monthly invoices shall include a statement certifying whether it is in compliance with Paragraph 8.15 of this
Agreement
4.2.2 Provisional Rates I Cost Reimbursement Elements. If this Agreement has provisional rates, or cost reimbursement
elements, Contractor shall maintain records of its actual costs, as required herein, for those services paid under a
provisional rate or as cost reimbursement. Contractor's last payment each fiscal year shall be withheld until after
County and Contractor reconcile Contractor's actual costs with the amount paid from the provisional rates, if any.
If County has paid Contractor more than their actual costs, Contractor shall refund County the excess amount paid
in accordance with Paragraph 4.2.3. If Contractor's actual costs are more than the amount paid by County, County
will pay Contractor the difference, up to, but not to exceed the annual contract amount identified in the Signature
Page, in accordance with Paragraph 4.2.3. County's obligation to pay is also subject to the other requirements of
this Agreement.
4.2.2.1 Aereement Budget. Contractor shall comply with generally accepted accounting principles and good
business practices, including all applicable cost principles published by the Federal Office of
Management and Budget (OMB), including A-122, which can be viewed at
httu://www.whitehouse.eov/omb/circulars, and any funding source specific to federal or State laws,
including the Federal Administration on Aging which can be viewed at www.aoa.eov and the California
Department of Aging which can be viewed at www.aeine.ca.eov. If Contractor receives Medi-Cal or
EPSDT hiding through this Agreement, Contractor shall comply with Paragraphs 4.3 and 4.4 below.
Contractor's compliance with Paragraphs 4.3 and 4.4 shall be subordinate to Contractor's compliance
with any funding source specific to federal or State laws and regulations. Contractor shall, at its own
expense, furnish all cost items associated with this Agreement except as herein otherwise specified in the
budget or elsewhere to be furnished by County.
4.2.2.2 The Agreement Budget is in Exhibit C-2. In no event shall the Agreement budget total be increased or
decreased prior to County approved Agreement amendment. Some budget line item adjustments require
County review and approval. Adjustments requiring County review and approval are listed in Exhibit C-2
"Contractor's Budget."
4.2.2.3 Administrative Adiustment. The COTR may make administrative Agreement adjustments to change or
modify the budget as long as the total Agreement amount or Agreement term is not modified.
4.2.3 Payments. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, unless
other payment methodologies are negotiated and agreed to by both Contractor and County. Payments shall be in
arrears after receipt of properly completed invoice approved by the COTR, pursuant to Paragraph 4.2. COTR
approved payments will be made within thirty (30) days after receipt of properly completed invoice unless
otherwise stated in this Agreement. -
Pro Forma Service Agreement Agreemenl Page 5 of 20 Rev 1018107
City ofcarlsbad Amendment X 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
For Provisional Rates, County will reimburse the good faith estimate of the actual allowable, allocable and
reasonable costs incurred associated with the work performed during the month of service. Contractor shall
maintain supporting documentation of expenses as specified in Articles I1 and 13.
4.2.3.1 This monthly invoice shall reflect a good faith estimate of the actual allowable, allocable and reasonable
costs incurred associated with the work performed during the month of service. This good faith estimate
shall be based on the budgeted net unit cost for each service category, hereafter known as provisional
rates, multiplied by the units provided.
4.2.3.2 Reconciliation of Good Faith Estimates to Actual Allowable Expenses. Contractor shall submit a cost
report to complete a reconciliation of the actual allowable, allocable and reasonable expenses incurred
associated with the work performed under this agreement hvice annually at a minimum; the COTR may
require them more frequently. Cost reports submitted by Contractor shall include the actual allowable
cumulative year to date expenses by service category for the period. Upon receipt of each cost report,
County will reconcile year to date payments with year to date actual allowable, allocable and reasonable
expenses and adjust the next monthly invoice for under payments or overpayments in excess of one
hundred dollars ($100). Cost reports shall also include total amounts over paid by the County to
Contractor or under paid by the County to the Contractor for each month of service. At the end of each
fiscal year, Contractor shall complete an annual reconciliation of the actual allowable expenses incurred
associated with the work performed under this agreement for that fiscal year. Overpayments and
underpayments will be adjusted during the fiscal year and at the end of the fiscal year as instructed by the
COTR.
4.2.3.3 Final Fiscal Year End Settlements. Contractor shall submit the final cost report reflecting the actual costs
for reimbursement for services performed durinp. the County fiscal vear bv the final fiscal vear settlement
date, which will be estab~ished'b~ each program. This settlemenidate shall be no moreihan sixty (60)
calendar days 6om the end of the County fiscal year. Upon receipt of the fiscal year end cost report,
County will reconcile year to date payments with fiscal year end actual allowable, allocable and
reasonable expenses. County will reimburse Contractor for underpayments and will recoup overpayments
from Contractor. County may, in its sole discretion, choose to not process invoices for reimbursement
for services performed during that fiscal year after this date. The County fiscal year shall be defmed as
July 1, through June 30, unless otherwise defined in this Agreement. Drug Medi-Cal costs that exceed
the cap at the individual provider level will be excluded 6om reimbursable costs during the year end
settlement process.
4.2.3.4 Final Ameement Settlement Date. Contractor shall submit the final invoice for reimbursement for
services performed during the final fiscal year of the contract by the final contract settlement date, which
shall be no more than sixty (60) calendar days from the final date of the contract services. County may,
in its sole discretion, choose to not process invoices for reimbursement for services performed during the
final fiscal year of the contract after the final Agreement settlement date.
4.2.4 Prompt Payment for Vendors and Subcontractors
4.2.4.1 Prompt payment for vendors and subcontractors.
4.2.4.1.1 Unless otherwise set forth in this paragraph, Contractor shall promptly pay its vendors and
subcontractor(s) for satisfactory performance under its subcontract(s) to this Agreement. Such
prompt payment shall be no later than thirty (30) days after Contractor receives payment for
such services 6om County and shall be paid out of such amounts as are paid to Contractor
under this Agreement.
4.2.4.1.2 Contractor shall include a payment clause conforming to the standards set forth in Paragraph
4.2.4.1.1 of this Agreement in each of its subcontracts, and shall require each of its
subcontractors to include such a clause in their subcontracts with each lower-tier
subcontractor or supplier.
4.2.4.2 If Contractor, after submitting a claim for payment to County but before making a payment to a vendor or
subcontractor for the goods or performance covered by the claim, discovers that all or a portion of the
payment otherwise due such vendor or subcontractor is subject to withholding from the vendor or
subcontractor in accordance with the vendor or subcontract agreement, then the Contractor shall:
4.2.4.2.1 Furnish to the vendor or subcontractor and the COTR within three (3) business days of
withholding funds from its vendor or subcontractor a notice stating the amount to be withheld,
the specific causes for the withholding under the terms of the subcontract or vendor -
Pro Forma Service Agreement Agreement Page 6 of 20 Rev 10/8/07
Ctty of Carlsbad Amendment # 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
agreement; and the remedial actions to be taken by the vendor or subcontractor in order to
receive payment of the amounts withheld.
4.2.4.2.2 Contractor shall reduce the subcontractor's progress payment by an amount not to exceed the
amount specified in the notice of withholding furnished under paragraph 4.2.4.2.1 of this
Agreement and Contractor may not claim from the County this amount untilits subcontractor
has cured the cause of Contractor withholding funds;
4.2.4.2.3 Upon the vendor's or subcontractor's cure of the cause of withholding funds, Contractor shall
pay the vendor or subcontractor as soon as practicable, and in no circumstances later than ten
(10) days after the Contractor claims and receives such funds fiom County.
4.2.4.3 Contractor shall not claim from County all of or that portion of a payment othenvise due to a vendor or
subcontractor that Contractor is withholding from the vendor or subcontractor in accordance with the
subcontract agreement where Contractor withholds the money before submitting a claim to County.
Contractor shall provide its vendor or subcontractor and the COTR with the notice set forth in Paragraph
4.2.4.2.1 of this Agreement and shall follow Paragraph 4.2.4.2.3 of this Agreement when vendor or
subcontractor cures the cause of Contractor withholding its vendors or subcontractor's funds.
4.2.4.4 Overpayments. If Contractor becomes aware of a duplicate contract fmancing or invoice payment or that
County has otherwise overpaid on a contract financing or invoice payment, Contractor shall immediately
notify the COTR and request instructions for disposition of the overpayment.
4.2.5 Full Com~ensation. Pending any adjustments by the COTR and except as otherwise provided for in the cost reports
submitted by Contractor to County if Provisional Rates are utilized, each invoice approved and paid shall constitute
full and complete compensation to Contractor for all work completed during the billing period pursuant to Exhibit
A and Exhibit C. This Agreement constitutes the entire Agreement between Contractor and County. Contractor
shall be entitled only to payment and, if Provisional Rates or Reimbursable elements are included in this
Agreement, reimbursement for allowable, allocable and reasonable costs, associated with services pursuant to
Exhibit A.
4.2.6 Internretation of Claim Provisions. As used in this Article 4, the term "claim" refers to a claim filed pursuant to
San Diego County Code of Administrative Ordinances Article V-A, "Processing and Certification of Routine
Claims." The term "claim" as used in this Article 4 does not refer to a claim filed pursuant to San Diego County
Code of Administrative Ordinances, Article X, "Claims Against the County."
4.2.7 Proiect Generated Revenue. Project Generated Revenue realized by Contractor in excess of the Agreement budget
shall be utilized in support of the Project.
4.2.7.1 Project Generated Revenue and Expenditures shall be reported at the end of the Agreement period.
4.2.7.2 With COTR approval, Contractor may expend a remaining balance of project generated revenue in the
term of a subsequent County Agreement in support of this Project.
4.2.8 Severabilitv Limits. Severability pertains only to those Agreements that originate in one fiscal year and end in
another fiscal year. This Agreement is severable for and limited to the amounts in the attached budget. In no event
shall Contractor exceed the Severability Limits.
4.2.9 Disallowance. In the event Contractor receives payment from County for a service, reimbursement for which is
later disallowed by County or the State of California, or the United States of America, Contractor shall promptly
refund the disallowed amount to County on request, or County may offset the amount disallowed from any payment
due to or to become due to Contractor under this Agreement or any other Agreement. Similarly, a disallowance
under a prior Agreement may be offset against this Agreement.
4.2.10 Partial Payment. If Contractor fails to perform specified services, provide specified products or perform services or
provide products timely and in accordance with specified requirements, Contractor shall be paid only the
reasonable cost for the services performed or products provided for the payment period as determined by the
COTR.
4.3 Medi-Cal Reauirements
4.3.1 Budeet Schedules
The Summary of the Bronzan-McCorquodale Act Program Cost along with the following Budget Schedules shall
be submitted to COTR by Contractor in a form acceptable to County:
Agreement Program Budget Summary
Schedule I - Agreement Budget -
Pro Forma Service Agreement
City of Carlobad
Agreement Page 7 of 20 Rev 1018107
Amendment 1 03
Pro Fonna Servir.
City of Carlrbad
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
Schedule 11 -Fixed Assets/Consultant Agreements
Schedule 111 - Indirect Cost Statement
These schedules are attached hereto in the budget and by this reference incorporated herein, and shall constitut,
Contractor's Budget for services to be performed by Contractor and shall document County's financial suppor
under this Agreement.
Budeet Guidelines. Contractor shall obtain written approval from County prior to exceeding any fiscal year':
budgeted amounts except as noted in Paragraphs 4.3.3 through 4.3.7 herein. Unexpended budgeted amounts shal
not be applied to subsequent fiscal years expenditures unless authorized by an Agreement Amendment. A1
Agreement Amendment is required prior to exceeding any fiscal year's budgeted maximum Agreement amount.
Total Direct Labor Cost. Reimbursable direct labor cost for direct labor and program management staff incurred b!
Contractor in the performance of this Agreement shall be limited to the total amount budgeted for such cost, a!
evidenced by Schedule I -Agreement Budget, that is attached hereto and by reference made a term and conditior
hereof. The sum of any and all such expenditures shall not exceed the total amount budgeted for the Salaries an(
Benefits category plus any allowable unexpended Operating Expenses (as defined in Paragraph 4.3.4.1) without thc
prior written approval of the COTR.
4.3.3.1 Unexpended Salaries and Benefits, up to ten percent (10%) of total budgeted amounts, may be applied tc
Operating Expenses.
4.3.3.2 Unexpended Salaries and Benefits that may be applied to Operating Expenses may only be fron
temporary vacancies of budgeted staff.
4.3.3.3 Unexpended Salaries and Benefits may be applied directly to an) temporary replacement staff and do no.
require prior County approval as long as costs do not exceed amounts budgeted for these positions.
4.3.3.4 All staffing changes, including addition or deletion of budgeted staff, and unbudgeted salary increase:
require prior COTR approval.
Total Other Direct Cost. Reimbursable operating costs incurred by Contractor in the performance of thir
Agreement shall be limited to the total amount budgeted for such expenses, as evidenced by Schedule I -
Agreement Budget, that is attached hereto and by reference made a term and condition hereof. The sum of any and
all such expenditures shall not exceed the total amount budgeted for the Operating Expenses category plus an)
allowable unexpended Salaries and Benefits (as defined in Paragraph 4.3.3.1) without the prior written approval 01
the COTR
4.3.4.1 Unexpended Operating Expenses, up to ten percent (10%) of total budgeted amounts, may be applied ta
Salaries and Benefits.
4.3.4.2 The budgeted amounts for Operating Expenses line items may be exceeded as long as the total of all
items does not exceed the total budgeted Operating Expenses (including any allowable unexpended
Salaries and Benefits (as defined in Paragraph 4.3.3), except for Leasehold Improvements, Consultants,
Interest Expense, and Depreciation.
4.3.4.3 Consulting expenses shall be budgeted on Schedule 11 of the Agreement Budget and shall not be
exceeded without prior COTR approval, with the exception of temporary staffig pursuant to Paragraph
4.3.3.2. All other consulting services not previously budgeted shall require prior written COTR approval.
4.3.4.4 Budgeted amounts for Leasehold Improvements, Interest Expense, and Depreciation shall not be
exceeded without prior written COTR approval.
4.3.4.5 No expense shall be allowed for any line item that does not have an amount currently budgeted.
Fixed Assets. All fixed asset expenses shall be budgeted and itemized on Schedule 11, and no line item budget shall
be exceeded without prior written COTR approval. Purchase of fixed assets not currently budgeted and itemized
shall have prior wriken COTR approval. Fixed assets shall include all non-expendable property with a value of five
thousand dollars ($5,000) or more and a normal life expectancy of more than one (1) year.
Total Indirect Cost. Reimbursable indirect costs incurred by Contractor in the performance of this Agreement shall
be limited to the total amount budgeted for such cost, as evidenced by Schedule Ill - lndirect Cost Statement,
attached hereto and by reference made a term and condition hereof. The sum of any and all such costs shall not
exceed the total amount budgeted for the Indirect Cost category without the written approval of the COTR.
Reimbursable indirect costs shall be limited such that the ratio of actual total Indirect Cost to actual total Gross
Cost shall not exceed the ratio of budgeted Indirect Cost to budgeted Gross Cost.
Budgeted Units of Service shall not be changed without prior written COTR approval.
:e Agreement Agreement Page 8 of 20 Rev 1018/07
Amendment 11 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
4.3.8 Claims. Reports, and Regulations. In consideration of the services performed by Contractor pursuant to this
Agreement, County will reimburse Contractor for the actual cost of services performed on the basis of claims
and/or cost reports prepared by Contractor. Such claims and cost reports shall be prepared according to the instruc-
tions provided by County with the forms and shall be submitted by the fifteenth (15") day of the month following
the month of service to the County at the address indicated in the Signature Page. For all services not recorded on
the Mental Health Management Information System, Contractor shall also submit a Supplemental Data Sheet by the
fifteenth (15") day of the month following the month of service. Format or other necessary changes to these forms
may be made by County from time to time, as needed, and necessary forms and instructions shall be hrnished to
Contractor by County for reporting purposes.
4.3.8.1 Compensation for services performed hereunder will be paid to Contractor by County upon the County's
receipt and approval of the properly completed claim and cost report forms for each month of service.
Such reports shall clearly reflect and, in reasonable detail, provide information regarding the actual cost
of services for which reimbursement from County is requested. The final fiscal year-end cost report is
due no later than August 31". All payments made to Contractor by patients or other third-party payers as
reimbursement for the cost of services provided under this Agreement shall be reflected in such reports in
conformity with applicable State rules and regulations, and shall be deducted 6om the gross operating
cost in order to determine the amount of net operating cost subject to reimbursement by County.
Contractor shall utilize County developed formats in preparing cost reports.
4.3.8.2 The timely submission of these reports is a necessary and a material term and condition of this
Agreement, and Contractor agrees that failure to meet specified deadlines will be sufficient cause to
institute the penalties discussed in Paragraph 4.3.9 of the Agreement.
4.3.8.3 Multiple program Agreements are Agreements where services provided in more than one location or in
more than one region are included together in a single Agreement. In multiple program Agreements,
each program shall be functionally defined by having a separate and distinct scope of services and
budget. In multiple program Agreements, all reimbursement and limitations to reimbursement specified
herein shall apply to the individual program budgets as defined above and included in the budget. Any
adjustment between individual program budgets shall have the prior written approval of the COTR. Any
excess funds shall remain and be utilized in the region where originally allocated or may be reallocated
by the COTR for other appropriate mental health services.
4.3.9 Penaltv for Failure to Oualifv Short-Dovlehledi-Cal Visits. Reduction in Short-Doylehledi-Cal claims for the
State to the County due to failure to qualify the visit under Short-Doylehledi-Cal program (failure to claim or
failure to respond to inquiry) will result in an amount commensurate with Contractor's approved budgeted unit cost
and fhe prevailing Federal Financial Participation (FFP) of Medi-Cal being withheld from Contractor's
reimbursement for the Agreement period.
4.3.10 Other Revenue Sources. Contractor shall determine and claim revenues from all possible sources other than the
County as reimbursement for the cost of treatment services rendered to patients pursuant to this Agreement. Such
revenues shall include, but not be limited to, patient fees, patient insurance, Medicare, and payments from other
third-party payers. Determination of patient eligibility for coverage under the Medicare or other reimbursement
programs is the responsibility of Contractor. County does not assume responsibility for such certification
procedures. In conformity with State rules and regulations applicable to the reporting of such revenues, in the
determination of the amount due Contractor as reimbursement under this Agreement, there shall be deducted from
the gross amount of cost otherwise determined to be reimbursable, the amount of all such payments received from
or on behalf of the patients for which services were rendered by Contractor pursuant to this Agreement. Amounts
of claims or bills against other revenue sources which remain unpaid because the payer finds such claims or bills to
have been submitted by Contractor in an untimely, improper, or incomplete manner shall be considered as revenues
collected and shall be deducted from gross cost in determining the amount to be claimed for reimbursement from
County, provided that County concurs with the decision effected by such payer.
All fees charged to patients for services rendered by Contractor pursuant to this Agreement shall be based upon the
patient's ability to pay for such services as determined in accordance with the "Uniform Method of Determining
Ability to Pay" (UMDAP) promulgated by the Slate of California Deparhnent of Menlal Health and in no event
shall exceed the annual liability incurred by the client. In no evenf however, shall the fee charged to patients (or to
other third-party payers) pursuant to this Agreement, exceed Contractor's estimated actual cost for such services.
No patient shall be denied any services offered by Contractor under this Agreement because of inability to pay for
such services. Any administrative reduction of UMDAP fees or annual liability shall be approved by the COTR.
Contractor shall be responsible for appropriate identification of clients that meet County Medical Services
eligibility criteria on the financial eligibility work sheet and reporting of same to County. -
Pro Forma Service Agreemenl Agrmmml Page 9 of 20 Rev 1018107
City of Carlrbad Amendment X 03
COUNTY AGREEMENT NUMBER 513847 . .
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
4.4 Claims for Payment of EPSDT Medi-Cal Services
4.4.1 Contractor shall enter required data based on eligibility and services rendered to each Medi-Cal beneficiary into the
Mental Health lnformation System. Contractor shall enter data on each beneficiary within two (2) business days of
service delivery.
The validity of Contractor's data input is not only subject to review by County and County's mental health billing
and Mental Health lnformation System support contractor (currently United Behavioral Health), but also to the
review of the State of California. County will make payments on said billings in advance of said review and
approval by the State, and in advance of the reimbursement by the State to County for sums expended thereunder.
In the event any claim is disapproved by the State, Contractor shall take all necessary actions to obtain such
approval by complying with State requirements. In the event San Diego County is not reimbursed by the State for
any amount it has paid to Contractor hereunder, Contractor shall reimburse County in the full amount of the
overpayment within thirty (30) days or, at the sole discretion of County, County may withhold such amounts 6om
any payments due under this Agreement or any successor agreement.
4.4.2 Total payments to Contractor shall not exceed EPSDT revenues generated by Contractor in the performance of this
Agreement.
4.4.2.1 Payments to Contractor on claims submitted shall be adjusted to not exceed revenues received. Any
payments in excess of earned revenues shall be refunded to the County forthwith, or at County's option,
County may offset the amount of the overpayment against any payment due or to become due to
Contractor under this Agreement or any subsequent Agreements between County and Contractor.
4.4.2.2 Contractor shall control its rate of expense in relation to units of service and anticipated revenues. The
County may require adjustments to levels of staffing, services, or operations as needed to ensure that
Agreement expenses do not exceed revenues received or anticipated.
4.4.3 EPSDT Title XIX Medi-Cal services shall be paid as applicable on the basis of EPSDT Title XIX services Federal
Financial Participation for Short-DoyleMedi-Cal services and/or State matching general fund for EPSDT.
4.4.4 Total payments to Contractor shall be subject to a quarterly reconciliation, pursuant to Clause 4.4.2 above, with
EPSDT Title XIX Medi-Cal and Title XIX Short-DoylelMedi-Cal services furnished and billed, and of EPSDT
Title XIX Medi-Cal and Title XIX Short-DoylelMedi-Cal services approved and reimbursed by the State.
Contractor shall provide County with an accurate and complete EPSDT Title XlX Medi-Cal and Title XIX Short-
DoylelMedi-Cal Reconciliation Report at the program level for all EPSDT Title XIX Medi-Cal, and/or Title XIX
Short-DoyleMedi-Cal units furnished and State-approved during the applicable quarter. The Reconciliation Report
shall be prepared by Contractor and submitted to County within thirty (30) days of the end of the preceding quarter,
shall include all supporting documentation, and shall be certified in writing by Contractor's Chief Executive
Officer.
4.4.5 Any records of revenues, expenditures andlor clinical records under this Agreement shall be subject to compliance
with Federal or State regulations and may be audited and/or reviewed by County's mental health lnformation
System support contractor (currently United Behavioral Health) and/or the appropriate Federal, State or county
agency. In the event of an audit disallowance of any claimed cost which is subject to compliance with State or
Federal regulations, Contractor shall be liable for any costs or lost revenue resulting therefiom.
4.4.6 Contractor, if funded under EPSDT shall inform the COTR when it is anticipated that the need for services will
exceed the approved service units and budget. Upon concurrence of County, Contractor and school district, if
applicable, County will approve an Agreement amendment to augment the budget. Determination for budget
increase shall be contingent upon an evaluation of program performance of the approved Agreement.
ARTICLE 5
AGREEMENT ADMINISTRATION
5.1 Countv's Ameement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer
("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County has
designated the individual identified on the signature page as the Contracting Officer's Technical Representative ("COTR")
5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's Agreement administrative
functions. The COTR is designated to receive and approve Contractor invoices for payment, audit and inspect
records, inspect Contractor services, and provide other technical guidance as required. The COTR is not authorized
to change any terms and conditions of this Agreement. Only the Contracting Officer, by issuing a properly
executed amendment to this Agreement, may make changes to the scope of work or total price.
5.1.2 Notwithstanding any provision of this Agreement to the contrary, County's COTR may make Administrative
Adjustments ("AA") to the Agreemegt, such as line item budget changes or adjustments to the service
Pro Forma Service Agreement Agreement Page 10 of 20 Rev 10/8/07
City of Carlrbad Amendment # 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENlOR NUTRITION PROGRAM
requirements, which do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the
Agreement period or the total Agreement price. Each AA shall be in writing and signed by COTR and Contractor.
All inquiries about such AA will be referred directly to the COTR.
5.2 Agreement Promess Meeting. The COTR and other County persomel, as appropriate, will meet periodically with the
Contractor to review the Agreement performance. At these meetings the COTR will apprise the Contractor of how the County
views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The
Contractor shall also notify the Conhacting Officer (in witing) of any work being performed, if any, that the Contractor
considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding
issues. The minutes of these meetings will be reduced to writing and signed by the COTR and the Contractor. Should the
Conhactor not concur with the minutes, the Contractor shall set out in witing any area of disagreement. Appropriate action will
be taken to resolve any areas of disagreement.
ARTICLE 6
CHANGES
6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the
general scope of this Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the
week, etc.) and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time
required for, the performance of any part of the work under this Agreement, whether changed or not changed by an such order,
an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be
modified in writing accordingly.
6.2 w. Contractor must assert any claim for adjustment under this clause within thirty (30) days from the date of receipt by the
Conhactor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such
action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the
cost of property made obsolete or excess as a result of a change is included in the Conhactor's claim for adjustment, the
Conhacting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any
adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled
"Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Agreement as
changed.
ARTICLE 7
TERMINATION
7.1 Termination For Default. Upon Contractor's breach of this Agreement, County shall have the right to terminate this
Agreement, in whole or part. Prior to termination for default, County will send Contractor witten notice specifying the cause.
The notice will give Conhactor ten (10) days from the date the notice is issued to cure the default or make progress satisfactory
to County in curing the default, unless a different time is given in the notice. If County determines that the default conhibutes to
the curtailment of an essential service or poses an immediate threat to life, health or property, County may terminate this
Agreement immediately upon issuing oral or written notice to the Conhactor without any prior notice or opportunity to cure. In
the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by Conhactor
under this Agreement shall become the sole and exclusive property of County.
In the event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor
shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the
County. The prevailing market price shall be considered the fair repurchase price. Notwithstanding the above, Conhactor
shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Agreement by
Contractor, and County may withhold any reimbursement to Contractor for the purpose of off-setting until such time as the
exact amount of damages due County from Contractor is determined.
If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the
Conhactor was not in default under the provisions of this clause, the rights and obligations of the parties shall, if this
Agreement contains a clause providing for termination for convenience of the County, be the same as if the notice of
termination had been issued pursuant to such clause.
7.2 Damaees For Delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence
as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete
said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost
to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had
the Agreement segments been completed by the time frame stipulated and any other damages suffered by County.
7.3 County Exem~tion From Liability. In the event there is a reduction of funds made available by County to Contractor under
this or subsequent Agreements, the County of San Diego and its Departments, officers and employees shall incur no -.
Pro Forma Service Agreement Agrecrnmt Page I I of 20 Rev 1018107
Citv afCarlrbad Amendment Y 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
liability to Contractor and shall be held harmless fiom any and all claims, demands, losses, damages, injuries, or liabilities
arising directly or fiom such action.
7.4 Termination For Convenience. The County may, by written notice stating the extent and effective date terminate this
Agreement for convenience in whole or in part, at any time. The Counv shall pay the Contractor as full compensation for
work performed in accordance with the terms of this Contract until such termination:
7.4.1 The unit or pro rata price for any delivered and accepted portion of the work.
7.4.2 A reasonable amount, as costs of termination, not otherwise recoverable 6om other sources by the Contractor as
approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation
hereunder shall in no event exceed the total price.
7.4.3 in no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.
7.4.4 County's termination of this Agreement for convenience shall not preclude County from taking any action in law or
equity against Contractor for:
7.4.4.1 Improperly submitted claims, or
7.4.4.2 Any failure to perform the work in accordance with the Statement of Work, or
7.4.4.3 Any breach of any term or condition of the Agreement, or
7.4.4.4 Any actions under any warranty, express or implied, or
7.4.4.5 Any claim of professional negligence, or
7.4.4.6 Any other matter arising born or related to this Agreement, whether known, knowable or unknown
before, during or after the date of termination.
7.5 Sus~ension Of Work. The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any pan of the work of this contract for the period of time that the Contracting Officer determines appropriate for the
convenience of the Government.
7.6 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in
addition to any other rights and remedies provided by law or under resulting order.
7.7 Full Cost Recoverv Of lnvestiaation And Audit Costs. Contractor shall reimburse County of San Diego for all direct and
indirect expenditures incurred in conducting an auditlimvestigation when Contractor is found in violation (material breach)
of the terms of the Agreement. Reimbursement for such costs shall be withheld bom any amounts due to Contractor
pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor 6om County.
ARTICLE 8
COMPLIANCE WITH LAWS AND REGULATIONS
8.1 Conformance With Rules And Reeulations. Contractor shall be in conformity with all applicable Federal, State, County,
and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing andlor
certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall
further comply with all laws applicable to wages and hours of employment, occupational safety, and to fue safety, health
and sanitation.
8.2 Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be
obtained and maintained, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of
documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and
regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to
reasonably request and review all such applications, permits, and licenses prior to the commencement of any services
hereunder.
8.3 Eaual O~~omity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will
not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of
employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of
employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race,
color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.
8.4 Affmative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time permanent
employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IlIk (commencing at
Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of
this Affirmative Action Program will be furnished upon request by COTR or bom the County of San Diego Internet web-
site (www.co.san-dieg0.ca.u~).
Pro Forma Service Agrecmcnt Agreement Page 12 of20 Rev 1 Of8D7
City ofcarlsbad Amendment # 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
8.5 Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group
identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and
marital status in accordance with Title IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101), Article 9.5, Chapter 1, Part 1, Division 2, Title 2
(Section 11 135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the
CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.
8.6 AIDS Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less advantageous
terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported
service or program on the grounds that such person has Acquired Immune Deficiency Syndrome, AIDS-related complex
(ARC), or AIDS-related status (ARS), as those terms are defmed in Chapter I, Section 32.1203, San Diego County Code of
Regulatory Ordinances.
8.7 American With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in
employment, public services, transportation, public accommodations and telecommunications services in compliance with
the Americans with Disabilities Act (ADA) and California Administrative Code Title 24.
8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for
any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or
allow its name to be utilized in any endorsement of any candidate for elected office. Neither the Agreement nor any funds
provided thereunder shall be utilized in support of any partisan political activities, or activities for or against the election of
a candidate for an elected office.
8.9 m. Contractor agrees to comply with the lobbying ordinances of the County and to assure that its officers and
employees comply before any appearance before the County Board of Supervisors. None of the funds provided under this
Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pendimg before
State and Federal Legislatures or the Board of Supervisors of the County.
8.10 Religious Activitv Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec-
tion with the performance of this Agreement.
8.1 1 Dme and Alcohol-Free Work~lace. The County of San Diego, in recognition of individual rights to work in a safe,
healthful and productive work place, has adopted a requirement for a drug and alcohol kee work place, County of San
Diego Drug and Alcohol Use Policy C-25. This policy provides that all County-employed Contractors and Contractor
employees shall assist in meeting this requirement.
8.1 1.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees,
while performing service for the County, on County property, or while using County equipment:
8.1 1.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug.
8.11.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of
an illegal drug.
8.11.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the foregoing
restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance
of normal job duties and responsibilities prescribes or administers medically prescribed drugs.
8.1 1.2 Contractor shall inform all employees who are performing service for the County on County property or using
County equipment of the County objective of a safe, healthful and productive work place and the prohibition of
dnrg or alcohol use or impairment kom same while performing such service for the County.
8.1 1.3 The County may terminate for default or breach this Agreement, and any other Agreement the Contractor has with
the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in
compliance with the conditions listed herein.
8.12 Board of Su~ervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the
following policies of the Board of Supervisors:
8.12.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials,
reusable products, and products designed to be recycled to the County in response to the County's requirements;
and
8.12.2 Board Policies 8-53 and B-39a, which encourage the participation of small and disabled veterans' business
enterprises in County procurements; and
8.12.3 Zero Tolerance For Fraudulent Conduct In Countv Services. Contractor shall comply with County of San Diego
Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be
. "Zero Tolerance" for fraud committed by Contractors in the administration of County programs and the provision
Pro Fana Service Agreement Ageemen1 Page I3 of20 Rev 10/8/07
City alcarlsbad Amendment 11 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
of County services. Upon proven instances of fraud committed by independent Contractors in connection with
their performance under the Agreement, said Agreement shall be terminated; and
8.12.4 Interlocking Directorate. In recognition of county Policy A-79, not-for-profit Contractors shall not subcontract
with related for-profit subcontractors for which an interlocking relationship exist unless specifically authorized in
writing by the Board of Supervisors; and
8.12.5 Zero Tolerance In Coaching Medi-Cal Or Welfare Clients (Including Undocumented Immimants). The County of
San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal system by
foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance policy and
shall aggressively prosecute employees and Contractors who coach Medi-Cal or Welfare clients (including un-
documented immigrants), to obtain services for which they are not otherwise entitled.
As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees, while
performing service for the County, on County property or while using County equipment shall not:
(a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are
undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not
otherwise entitled.
@) support or provide funds to any organization engaged directly or indirectly in advising undocumented
immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled.
Contractor shall inform all employees that are performing service for the County on County property or using
County equipment of County's Zero Tolerance Policy as referenced herein.
County may terminate for default or breach this Agreement and any other Agreement Contractor has with County,
if Contractor or Contractor employees are determined not to be in compliance with the conditions stated herein.
8.13 Cartwright Act. Following receipt of final payment under the Agreement, Contractor assigns to the County all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Carhwight Act (Chapter 1) (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County under this
Agreement.
8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and
requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not
store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the
applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions
necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure to
Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the
appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be
reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the
County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the term
"Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or
court decisions (including the so-called "common law"), including, but not limited to, the Resource Conservation and
Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental
conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any
chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear
medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether
injurious or potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in
or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any
Environmental Laws, or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the
County or Lessee with respect to any third person under any Environmental Laws.
8.15 Debarment And Sus~ension. As a sub-grantee of federal funds under this Agreement, Contractor certifies that it, its
principals, its employees and its subcontractors:
8.15.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal Department or agency;
8.15.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; ,
Pro Forma Service Agreement Agreement Page 14 of20 Rev 1018/07
City of Carlrbad Amendmenl # 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
8.15.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in the paragraph above; and
8.15.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (Federal, State, or
local) terminated for cause or default.
ARTICLE 9
CONFLICTS OF INTEREST: CONTRACTOR'S CONDUCT
9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent
Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this Agreement. The Contractor shall not employ any person
having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform
any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except
upon the written approval of County. Without such written approval, performance of services under this Agreement by
associates or employees of County shall not relieve Contractor J?om any responsibility under this Agreement.
9.2 Conduct of Contractor: Privileged Information.
9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor
believes to be incompatible with any interests of the County.
9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the
recipient in the conduct of his duties, accept any gratuity or special favor 60m individuals or organizations with
whom the Contractor is doing business or proposing to do business, in accomplishing the work under this
Agreement.
9.2.3 ' Contractor shall not use for personal gain or make other improper use of privileged information, which is acquired
in connection with his employment. In this connection, the term "privileged information" includes, but is not
limited to, unpublished information relating to technological and scientific development; medical, personnel, or
security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of
selections of Contractors or subcontractors in advance of official announcement.
9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or
other items of monetary value to an employee or official of the County.
9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process
shall be made to the private practice of any person(s) employed by the Contractor.
9.3 Prohibited Aereements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that
it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the
following:
9.3.1. Persons employed by County or of public agencies for which the Board of Supervisors is the governing body;
9.3.2 Profit-making firms or businesses in which employees described in sub-section 9.3.1, above, serve as officers,
principals, partners, or major shareholders;
9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub-
sections and who (1) were employed in positions of substantial responsibility in the area of service to be performed
by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and
9.3.4 Profit-making firms or businesses in which the former employees described in sub-section 9.3.3 above, serve as
officers, principals, partners, or major shareholders.
9.4 Limitation Of Future Aereements Or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted
in its future Contracting with the County to the manner described below. Except as specifically provided in this clause,
Contractor shall be free to compete for business on an equal basis with other companies.
9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is
required to develop specifications or statements of work and such specifications or statements of work are to be
incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation
as a prime or subcontractor under an ensuing County Agreement. It is further agreed, however, that County will
not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under
this Agreement.
9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of
Work.
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Pro Forma Service Agreement
Ciw of Carlrbad
Agreement Page I5 of 20 Rev 1018107
Amendment L 03
COUNTY AGREEMENT NUMBER 513847 . .
AGREEMENT WlTH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
ARTICLE 10
INDEMNlTY AND INSURANCE
10.1 Indemnihi. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents
of County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fines,
mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to this Agreement and
arising either directly or indirectly 6om any act, error, omission or negligence of Contractor or its Contractors, licensees,
agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or
omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or
indemnify County Parties 6om a Claim if it is determined by a court of competent jurisdiction that such Claim was caused
by the sole negligence or willful misconduct of County Parties.
10.2 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and
effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," "Insurance
Requirements," attached hereto.
ARTlCLE 11
AUDIT AND lNSPECTlON OF RECORDS
The County shall have the audit and inspection rights described in this section.
11 .I Audit And Ins~ection. Contractor agrees to maintain andlor make available within San Diego County accurate books and
accounting records relative to all its activities under this Agreement. Authorized Federal, State or County representatives
shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said monitoring,
assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project
staff and participants.
At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to
County, State or Federal officials for examination all of its records with respect to all matters covered by this Agreement
and will permit County, State or Federal officials to audit, examine and make excerpts or transcripts from such records, and
to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services,
and other data relating to all matters covered by this Agreement. . If an audit is conducted, it will he done in accordance
with generally accepted government auditing standards as described in "Government Auditing Standards," published for
the United States General Accounting Office.
If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement,
County shall have the right to require the Contractor to perform the services in conformity with said specifications and
requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature
that the difference cannot be corrected, County shall have the right to (I) require Contractor immediately to take all
necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2)
reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform
the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specif-
ications and requirements of the Agreement, County shall have the right to either (1) by Agreement or to otherwise have
the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to
County that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided
in the Termination clause.
I 1.2 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or
any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or
market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the
Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all
books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such
Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or
pricing data submitted.
1 1.3 Availability. The materials described above shall be made available at the oftice of the Contractor, at all reasonable times,
for inspection, audit or reproduction, until the expiration of three (3) years 6om the date of final payment under this
Agreement, or by section 11.3.1 and 11.3.2, below:
11.3.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made
available for a period of three (3) (3) years 6om the date of any resulting fmal settlement.
11.3.2 Records which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of
claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or
Pro Foma Service Agreement
City of Carlrbad
Agreement Page 16 of20 Rev 10/8/07
Amendment U 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WlTH CITY OF CARLSBAD FOR
SENlOR NUTRITION PROGRAM
claims have been disposed of, or three (3) years after Agreement completion, whichever is longer. County shall
keep the materials described above confidential unless otherwise required by law.
11.4 Subcontract. The Contractor shall insert a clause containing all the provisions of this Article I I in all subcontract
I
hereunder except altered as necessary for proper identification of the Contracting parties and the Contracting officer under
the County's prime Agreement.
ARTICLE 12
INSPECTION OF SERVICE
12.1 Subiect to lns~ection. All performance (including services, materials, supplies and equipment furnished or utilized in the
performance of this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by
the County at all times during the term of this Agreement. Contractor shall cooperate with any inspector assigned by the
County to permit the inspector to determine whether Contractor's performance conforms to the requirements of this
Agreement. County shall perform such inspection in a manner as not to unduly interfere with Contractor's performance.
12.2 S~ecification and Reauirements. If any services performed by Contractor do not conform to the specifications and
requirements of this Agreement, County may require Contractor to re-perform the services until they conform to said
specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor
correctly performs them. When the services to be performed are of such a nature that Contractor's cannot correct its
performance, the County shall have the right to (I) require the Contractor to immediately take all necessary steps to ensure
future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement price to
reflect the reduced value of the services received by County. In the event Contractor fails to promptly re-perform the
services or to take necessary steps to ensure that future performance of the service conforms to the specifications and
requirements of this Agreement, the County shall have the right to either (1) without terminating this Agreement, have the
services performed, by Agreement or otherwise, in conformance with the specifications of this Agreement, and charge
Contractor, andlor withhold from payments due to Contractor, any costs incurred by County that are directly related to the
performance of such services, or (2) terminate this Agreement for default.
ARTICLE 13
USE OF DOCUMENTS AND REPORTS
13.1 Findinns Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this
Agreement which the County requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the County.
13.2 Ownership. Publication. Rewoduction And Use Of Material. All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole
and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall
be subject to private use, copyright or patent right by Contractor in the United States or in any other counhy without the
express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and otherwise
use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13.3 Confidentiality. County and Contractor agree to maintain confidentiality of any information regarding applicants, project
participants or their immediate families which may be obtained through application forms, interviews, tests, reports, from
public agencies or counselors or any other source. Without the written permission of the applicant or participant, such
information shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and then
only to persons having responsibilities under the Agreement, including those furnishing services to Project under
subcontract. County and Contractor agree that all information and records obtained in the course of providing services to
project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and
regulations adopted pursuant thereto. However, at County's request, Contractor shall permit County access to all records
and information regarding the project and confidentiality shall not be a bar to County's access to all records and
information.
13.4 Maintenance Of Records. Contractor shall maintain and keep available all records within the County of San Diego for a
minimum of three (3) years from the ending date of this Agreement unless County agrees in writing to an earlier
disposition.
13.5 Custodv Of Records. County, at its option, may take custody of Contractor's client records upon Agreement termination or
at such other time as County may deem necessary. County agrees that such custody will conform to applicable confiden-
tiality provisions of State and Federal law. Said records shall be kept by County in an accessible location within San Diego
County and shall be available to Contractor for examination and inspection.
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Clh ofcarlsbad Amendment Y 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
13.6 Audit Requirement. Contractors shall annually engage a Licensed Certified Public Accountant to conduct an annual audit
of their agency's operations. Contractors that expend $500,000 or more of federal grant funds per year shall also have an
audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments,
Public Law 104-156, and OMB Circular A-133. Contractor shall include a clause in any Agreement or Agreement
Contractor enters into with an audit fum to provide access by the County, State, Federal Government to the working papers
of the independent auditor who prepare the audit for Contractor. Contractor shall submit two (2) copies of the annual audit
report, the audit performed in accordance with OMB Circular A-133, and the management letter to the County fifteen (15)
days after receipt from the independent Certified Public Accountant but no later than nine (9) months after the Contractor's
fiscal year end.
13.7 m. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COTR
and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely
submission of these reports is a necessary and material term and condition of this Agreement and Contractor agrees that
failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within
thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by
Contractor.
13.8 Evaluation Studies. Contractor shall participate as requested by the County in research andlor evaluative studies designed
to show the effectiveness andlor efficiency of Contractor services or to provide information about Contractor's project.
ARTICLE 14
(RESERVED)
ARTICLE 15
DISPUTES
'Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a
question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time.
The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed
diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall
be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide
questions of law, or issues regarding the medical necessity of treatment or to pre-empt any medical practitioners' judgment
regarding the medical necessity of treatment of patients in their care. The foregoing does not change the County's ability to refuse
to pay for services rendered if they dispute the medical necessity of care.
ARTICLE 16
GENERAL PROVISIONS
16.1 Assienment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written consent of the County; County's
consent shall not be unreasonably withheld.. The Contractor shall make no Agreement with any party for furnishing any of
the work or services herein contained without the prior written consent of the COTR, pursuant to Paragraph 1.4.
16.2 Contingency. This Agreement shall bind the County only following its approval by the Board of Supervisors or when
signed by the Purchasing and Contracting Director.
16.3 Entire Ameement. This Agreement, together with all Sections attached hereto and other agreements expressly referred to
herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or
contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any
proposals fiom Contractor and requests for proposals 60m County, are superseded.
16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference.
16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and
instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the
parties.
16.6 Governinr! Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the
State of California
16.7 Headinas. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of
reference only and are not intended to defme, limit or affect the construction or interpretation of any term or provision
hereof.
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Pro Forma Sewtee Agreement Agreement Page 18 of20 Rev 1018/07
City of Carlrbad Amendment P 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
16.8 Modification Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment
or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties.
16.9 Neither Pam Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this
Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the
drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be
ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the
other.
16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no
representations, statements, warranties or agreements other than those expressed herein.
16.1 1 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid,
return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be
deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3) (3)
business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative identified on
the signature page..
16.12 Severabilily. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise
unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected
thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
16.14 Time. Tie is of the essence of each provision of this Agreement.
16.15 Time Period Com~utation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state
or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any
act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be
timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday.
16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this
Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay
by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision,
covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the
same or any similar breach or failure.
16.17 Third Pami Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor.
Any benefit to any third party is incidental and does not confer on any third patty to this Agreement any rights whatsoever
regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is
specifically prohibited.
16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and
materials distributed to the community shall identify the County of San Diego as the funding source for Contracted
programs identified in this Agreement. Copies of publicity materials related to Contracted programs identified in this
Agreement shall be filed with the COTR. County shall be advised at least twenty four (24) hours in advance of all locally
generated press releases and media events regarding Contracted services identified in this Agreement.
16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical
incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality,
fraud, unethical conduct, or instances of staff or client drug andlor alcohol use at the program. Contractor shall report all
such incidents to the COTR within one work day of their occurrence.
16.20 Res~onsiveness To Communitv Concerns. Contractor shall notify County within forty eight (48) hours of receipt of any
material complaints including but not limited to complaints referring to issues of abuse or quality of care, submitted to
Contractor verbally or in writing, regarding the operation of Contractor's program or facility under this agreement.
Contractor shall take appropriate steps to acknowledge receipt of said complaint(s) from individuals or organizations.
Contractor shall take appropriate steps to utilize appropriate forums to address or resolve any such complaints received.
Nothing in this provision shall be interpreted to preclude Contractor from engaging in any legally authorized use of its
facilily, property or business as approved, permitted or licensed by the applicable authority.
Agreerncnl Page 19 of 20 Rev 1018107
Ammdrnsnt Y 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
16.21 Health Insurance. Contractor shall ask any client who is a parent or guardian of any minor(s), if all the minors for whom
they are responsible have health insurance coverage. If the response for any child is "no" Contractor shall provide the
client with County provided referral information.
Pro Forma Service Agreement
City of Carlsbad
Agreement Page 20 of 20 Rev 10/8/07
Amendmenl X 03
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this 1" day of July 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of one (1) year.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one (1) year each for a total of four (4)
years beyond the expiration of the Initial Term, not to exceed June 30, 201 1, pursuant to Exhibit C Pricing Schedule. Unless
County notifies Contractor in writing, not less than thirty (30) days prior to the expiration date that they do not intend to renew
the Agreement; the Agreement will be automatically renewed for another year.
O~tions To Extend
the term of this Agreement in one or more increments for a total of no less than one
months at the discretion of the County Purchasing and Contracting Director. Each
unilateral Agreement amendment delivered to Contractor no less than fifteen (15) $3
Agreement term.
The rates set forth
COMPENSATION:
thousand one hundred
ement amount of seven
od of payment stipulated
are made to the scope of
the scope of work or
the Agreement.
COTR. The County ker's Technical Representative ("COTR")
CONTRACTOR'S RE
Representative.
799 Pine Avenue
Carlsbad, California, 92008
Pro Forma Scrv~ce Agreement
City of Carlrbad
Rev lOlSKI7
Amendment X 03
COUNTY CONTRACT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
1 Sco~e of Work
The Senior Nutrition Program provides nutritionally sound meals and social services throughout San
Diego County to individuals sixty (60) years old and older in two settings, congregate (group setting) at
Senior Dining Centers, and home delivered to frail seniors. Transportation is provided or arranged to and
from Senior Dining Centers. There is no charge to the senior for these services; they are available for a
donation. Nutrition services assist older individuals to live independently by promoting better health and
reduced isolation through a program of coordinated congregate meal, home-delivered meal, and supportive
services. Providers give priority to serving persons with the greatest economic or social needs, in particular
low-income minority individuals.
2. Bacbround
The Senior Nutrition Program, which began in the County of San Diego in 1975, is funded through Title
I11 of the Older Americans Act, www.aoa.gov/, a federal program administered by state and county
governments and operated under rules, policies and regulations of the California Department of Aging
(CDA). Aging & Independence Services (AIS) oversees this program where various contractors provide
noon meals for seniors at several sites throughout the county. Breakfast is also provided at some sites and
most contractors also provide home-delivered meals.
3. Goal
Older individuals will be able to live independently because of better health and reduced isolation as a
result of the Senior Nutrition Program, a program of coordinated congregate meals, home-delivered meals,
and supportive services.
4. Deliverables
4.1 Meals in Congregate Settings: Contractor shall provide the maximum number of meals annually,
pursuant to Exhibit C, to seniors in a congregate setting at least five days per week (see Title 22,
paragraph 7636.1 in the following link
httD:Nwww.aeing.state.ca.us/aaa businesslresource materials & guides/nutrition guide.html). The
number of meals will be based upon historical actuals, not to exceed the annual amount, without
prior County approval.
4.1.1 Each meal shall contain at least 113 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Die* Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services
w.health.eovldietarvpuidelines/dga20051document.
4.2 Home-Delivered Meals: Contractor shall provide the maximum number of home-delivered meals
annually, pursuant to Exhibit C if applicable, to seniors at least five (5) days per week (see Title 22
link).
4.2.1 Each meal shall contain at least I13 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services,
www.health.~ov/dietarv~uidelines/dea2005/docurnent.
4.3 Contractor shall provide approved units of Nutrition Education at a minimum of four (4) times
annually, to participants in each congregate and home-delivered meal program.
4.4 Contractor shall provide units of transportation annually, pursuant to Exhibit C, to and from Senior
Dining Centers counted as one-way trips.
Exhibit A-Performance Work Smemenl
City of Carlsbad
-.
Page 1 of 5 Conmct # 5 13847
Amendment # 03
COUNTY CONTRACT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
4.5 Contractor shall establish a plan to serve older individuals with the greatest economic and social
need. The Older Americans Act defines older individuals in the greatest economic need as any
person sixty (60) years or older whose need results from an income level at or below the poverty
line as defined by the Federal Bureau of the Census and greatest social need as physical and mental
disabilities, language barriers, and cultural, social, or geographical isolation, including isolation
caused by racial or ethnic status, that restricts the ability of an individual to perform normal daily
tasks; or threatens the capacity of the individual to live independently. Plan shall be submitted to
County no later than thirty (30) days after award of contract.
4.6 Geographic Service Area: North Coastal Region
4.6.1 Progradservice: Congregate Meals, Home Delivered Meals and Transportation
4.6.2 Zip Codes Served: 92008 through 9201 1
4.6.3 Dining Site Locations, days of service, hours of service and type (s) of meal served (breakfast,
lunch or dinner)
4.6.3.1 Carlsbad Senior Center, 799 Pine Avenue, Carlsbad, CA 92008; Monday through
Friday, 8:00 AM to 1:00 PM, lunch.
5. Payment for Services
5.1 Contractor shall submit a monthly claim for the actual previous month's deliverables (including data
pursuant to paragraph 7.3 below) to the COTR by the fifteenth (15") of the following month.
6. General Reauirements for Service Delivery
6.1 Services shall be based upon Title 22 California Code of Regulations, Division 1.8, California
Department of Aging, Article 6, Title 111-C "Elderly Nutrition Program"
requirements,(htt~://www~a~ine.state.ca~aaa business/resource materials & ~uideslnutrition KU
ide.html); the California Uniform Retail Food Facilities Law (CURFFL), www.co.el-dorad0.ca.u~;
and the Occupational Safety and Health Administration (OSHA), www.osha.aov/. A valid Health
Permit from the County of San Diego, Department of Environmental Health for all food production
sites and contracted caterers is also required.
6.2 Contractor shall ensure that the facilities in which the meals will be served shall be accessible via
public transportation, if available, and shall comply with the requirements of the Americans with
Disabilities Act (ADA), htt~:llw.ada.~ov and Title 24 of the California Code of Regulation
www.bsc.ca.eov. All facilities are subject to inspection and approval.
6.3 Funding Components: Nutrition Program services are funded by the following four components:
6.3.1 CDA Title 111 Allocation
6.3.2 NSIP funds that are based on Contractors previous year meal count.
6.3.3 Contractor's program income, which is participant's donationslcontributions and guest
fees.
6.3.4 Contractor's other revenue (fundraising).
Said compensation is not designed to fully fund the program. The fixed supplement rates are
determined to offset the cost of providing services based on and subject to availability of funds from
the State of California, California Department of Aging (CDA).
6.4 Performance Expectations: One hundred percent compliance with service levels stated in the
Statement of Work is expected. Contractors who fall below ninety-five percent (95%) of the
contracted levels are required to submit a Corrective Action Plan. Service levels to be reviewed
monthly, quarterly, and annually. Failure to bring service levels up to the contracted levels can -.
Exhibit A-Performance Work Statement
City of Carlsbad
Page 2 of 5 ~on&ct # 513847
Amendment # 03
COUNTY CONTRACT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
EXHIBIT A -PERFORMANCE WORK STATEMENT
result in re-negotiation of the contracted service levels or termination of the contract. The budget
level will be revised to be commensurate with the lower level of service(s).
6.5 Reference to AIS: All printed materials, publicity, and media outreach prepared or conducted by the
contractor will include a reference to Aging & Independence Services as a funding source. Copies
of publicity materials related to contracted programs identified in this contract shall be filed with
Aging & Independence Services Contract Operations.
6.6 Press and Media: Aging & Independence Services shall be advised at least twenty four (24) hours in
advance of all locally generated press releases and media events regarding contracted services
identified in this contract.
6.7 Equipment Documentation: Contractor shall document, in writing, the need for purchasing
equipment. Written documentation must demonstrate a direct relationship between the goals,
objectives and specific requirements for service delivery and the equipment to be purchased. In the
case of automation equipment, the contractor must demonstrate that the equipment and related
software to be purchased will meet County of San DiegoIHealth and Human Services
AgencyIAging & Independence Services requirements and standards.
6.8 Match: Contractor is required to provide at least a fifteen (15%) match for program costs in cash or
in-kind income.
6.9 Cultural Competence and Diversity: Contractor shall support the County of San Diego, the Health
and Human Services, and Aging & Independence Services through organizational and systematic
practices demonstrating cultural competence and diversity. A set of congruent behaviors, attitudes
and policies for programs, programs, and systems shall be adopted that enable people to work
effectively in cross-cultural situations. All services provided shall be oriented to meet the unique
linguistic and cultural needs of the diverse clients to be served.
6.10 Critical IncidentsNiolence: Contractor shall assure that employees have written plans or protocols
and receive training for handling critical incidents involving the instances of violence or threat of
violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or
instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such
incidents to Aging & Independence Services Contract Operations within one workday of their
occurrence.
7. S~ecific Reauirements for Service Delivery
7.1 There are three (3) major program components: food service, support services, and the advisory role
of participants:
7.1.1 Food Service: Includes the provision of a hot or other appropriate meal, served five
(Monday through Friday) or more days a week in a congregate setting. Meals to the
homebound must be made available every day of the year although frozen weekend or
holiday meals may be delivered during the week (see Title 22 link). Meals must be
prepared, served and delivered in a manner, which complies with local public health laws
and regulations.
7.1.2 Services: Each program must have outreach activities to ensure participation of eligible
older persons, particularly those in greatest economic or social need; must develop or
maintain coordination with other social services agencies; and plan for and provide nutrition
education services.
7.1.3 Advisory Role of Participants: Programs shall have procedures for obtaining the views of
participants about the services they receive. This will be implemented by the establishment
of a Program Council or other advisory body of participants approved by Aging &
Independence Services.
Exhibit A-Performance Work Statement Page 3 of 5 Conlract # 513847
City of Carlsbad Amendment # 03
COUNTY CONTRACT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
EXHIBIT A -PERFORMANCE WORK STATEMENT
Other program components include:
7.2 StaffingIAdministration: It is expected that the program will have an adequate number of qualified
persons to assure the satisfactory implementation of: program leadership; program planning;
provision of nutrition services; outreach and other services; volunteer activities; financial and
contract management; and data collection for required federal, state and county reports and records.
Notification of program changes must be made to the County within seventy two (72) hours when
said changes will affect the delivery of services to the participants. Example of such situations may
be staff changes, site closures (temporary or permanent) and vehicle incidents.
7.3 Confidentiality: The nutrition services provider shall ensure that no information about, or obtained
from, an individual shall be disclosed in any form identifiable with the individual without the
individual's written informed consent. Records must be maintained in such a manner that
confidentiality will not be violated. Persons may not be denied services if they refuse to provide
written informed consent.
7.4 Meal Contributions by Eligible Participants: Eligible persons receiving nutrition services shall be
given the opportunity to contribute to the costs of the service provided and shall determine for
themselves what they are able to contribute. No person shall be denied participation because of
failure to contribute. Methods to receive contributions shall ensure anonymity. The provider shall
encourage participants to contribute towards the cost of the meal and shall suggest a minimum
amount. The minimum suggested donation shall be developed with input from the program council.
A suggested contribution schedule may be developed, considering the income ranges of older
persons in the community. Contribution schedules shall not be used as a "means" test to determine
eligibility.
7.5 Meal Charges for Staff and Guest under Sixty (60): Meals may be served to staff and guests less
than sixty (60) years of age if doing so will not deprive an older person of a meal. These individuals
shall pay at least the full cost of the meal. Contributions and charges for meals are considered
program income and shall be used to increase the number of meals served.
7.6 Records, Reports and Distribution Information: Each nutrition program shall maintain a system for
the collection of data that will accurately reflect the program's program and financial operations,
will meet requirements with respect to confidentiality, and fulfill the information required by this
contract.
7.7 Holidays: A maximum of twelve (12) recognized holiday closings will be allowed per year. These
holidays must be submitted in advance to the COTR at the beginning of each fiscal year.
Exceptions will be handled on a case-by-case basis.
7.8 Data Collection & Reporting:
7.8.1 Contractor shall utilize the AIS-identified Automated Data Collection System to:
7.8.1.1 Register and maintain all client demographic and assessment data for all active
clients within each fiscal year,
7.8.1.2 Track and report all service unit delivery data (via bar-coding and manual data
entry) within each fiscal year, and
7.8.1.3 If contractor received federal Housing & Urban Development (HUD) funding via
the City of San Diego, contractor shall provide all relevant data.
7.8.2 Contractor shall maintain and report accurate, daily meal counts, nutrition education and
transportation units by utilizing the County-identified Automated Data Collection System.
7.8.3 Contractor shall send monthly summary report of above information and claim to AIS
Contract Operations by the fifteenth (15") of the following month. Claim will be paid upon
Exhibit A-Perfonnmce Work Smtcmenl Page 4 of 5 c~nnnc;# 513847
City ofcarlsbad Amendment # 03
COUNTY CONTRACT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTFUTION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
successful determination of reconciled data as mentioned in paragraphs 7.8.1 and 7.8.2
above.
7.9 Customer Satisfaction Survey: Contractor shall allow AIS or AIS-contracted representative to
conduct a Customer Satisfaction Survey and compile the data.
7.10 Contractor will achieve an overall "very satisfied" or "somewhat satisfied" rating by at least ninety
percent (90%) of clients at each Customer Satisfaction Survey cycle. Contractor will incrementally
improve at each survey to achieve this rating.
Exhibit A-Psrformancc Work Statement
City ofcarlsbad
-
Page 5 of 5 Conmct X 5 13847
Amendment # 03
7
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD FOR
SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1. COMPENSATION: The compensation listed below is not designed to fully fund the program. The fixed
supplemental rates are developed annually based on funding and determined to offset the cost of providing
services. These rates are subject to availability of funding from the State of California, California
Department of Aging (CDA). A completed report of actual costs (closeout report) expended shall be
submitted at the end of the fiscal year.
2. SERVICE UNITS AND RATES FOR FISCAL YEAR 2007-2008
I
Providers within
I
(1) State of California C-lfunding stream
(2) State of California C-2 funding stream
(3) State of California B funding stream
*Nutrition Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based
on actual prior year number of meals served.
**Authorized providers within the City of San Diego may receive additional funds, subject to availability of
funding.
Exhibil C - Fiscal Terms & Conditions and Pricing Schedule Page 1 of 1
City ofcarlsbad
Contract# 513847
Amendment # 03
CITY OF CARLSBAD
ASSET RETIREMENT - TRANSFER FORM
MaintStar Work Order #: NIA Date W.O. opened: NIA Department (receiving):
Department (sending): Senior Center Location of property: Senior Center Lab Employee (receiving):
Employee (sending): Org Key (sending): Org Key (receiving)
PickupIDelivery person: E-WORLD RECYCLERS Date of pickup: 04/21/08 Date of delivety:
-- ~
Sending Department: PickuplDelivety: N/A Receiving Department:
m'8"afura IlgMlvre IIgMLYrB
"'Condition codes: 1 = good. 2 = slightly damaged, 3 = damaged but repairable, 4 = beyond repair, perhaps useful for parts. 5 =totally useless
C:\DOCUME-l\Kwest\LOCALS-l\TempMPgrpwise\Abe SeniorCtrLab Obsolete-08-04-29.~1s Page 1 of 1 4/29/2008
ompaq 17" CRT Monitor
11467
11410
11470
11408
11463
11413
11464
11454
ompaq 17" CRT Monitor
Compaq 17" CRT Monitor
Compaq 17" CRT Monitor
Viewsonic 17" CRT Monitor
Compaq Desktop PC
Compaq Desktop PC
Compaq Desktop PC
Compaq Desktop PC
Compaq Desktop PC
Compaq Desktop PC
Compaq Desktop PC
Compaq Desktop PC
N
N
N
Y
Y
Y
Y
Y
Y
Y
Y
WOO
M720
17GS
Dpens P550
Dpens P550
Dpens P550
Dpens P550
Dpens P550
Dpens P550
Dpens P550
Dpens P550
918CF03TB943
146CL28UA043
J962985596
6947CYH3K056
6947CYH3K012
6947CYH3K000
6947CYH3K177
6947CYH3K080
6947CYH3K064
6947CYH3K015
6947CYH3K085
1
1
1
1
1
1
1
1
1
1
1
Retirement
Retirement
Retirement
Retirement
Retirement
Retirement
Retirement
Retirement
Retirement
Retirement
Retirement
EXHIBIT 2
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT AMENDMENT
County Contract No: 51 3847
Amendment No: 02
TO: City of Carlsbad. Pursuant to the contract changes clause, you are directed to make the changes described herein to the Contract or
do the following described work not included in the previous agreed on Statement of Work.
Title of Contract, Project, or Program: Senior Nutrition Services Effective Date: July 1,2007
Description of Contract Change(s) andlor Work to Be Done:
1. The Signature Page of the Pro Forma Service Agreement is modified as follows:
a. Compensation. The compensation for Option Year One Fiscal Year 2007-2008 is $156,557.00. The revised total contract
price is now $750,410.
PLEASE NOTE: A copy of the revised "Signature Page" is attached for your convenience. Do not remove and replace the
"Signature Page" with the attached sample.
Description of Additional Contract Change(s) andlor Work to Be Done:
2. Exhibit A, Performance Work Statement, is modified as follows:
a. Section 4, Deliverables.
4.1 Reference to maximum number of annual Congregate meals is removed and referred to in Exhibit C,
section 2.
4.2 Reference to maximum number of annual Home Delivered meals is removed and referred to in Exhibit C,
section 2.
4.4 Reference to contracted units of transportation annually is removed and referred to in Exhibit C, section 2,
4.7 Provision "Contract period" is removed.
b. Section 5, Payment for Services.
5.1 Provision regarding "Contractor will be paid" is removed. Provision 5.2 "Contractor shall submit" is renumbered
as 5.1. Sentence in reference to Net 30 days is removed.
c. Section 6, General Requirements for Service Delivery
6.2 Provision regarding "Eligible Contractor" is removed. Provision 6.3 is renumbered as 6.2 and "Contractor shall
ensure" is added.
3. Exhibit C, Fiscal Terms & Conditions and Pricing Schedule, is modified as follows:
a. Section 1, Compensation: Paragraph beginning with "...Contractor shall be compensated.. ." and ending with
". . .(CDA). . . is removed and replaced with new paragraph ". . .The compensation listed.. ." and ending with ". . .end
of the fiscal year.. .".
b. Provisions 1.1 through 1.3.2 are removed.
c. Section 2, Service Units and Rates: Column 1, " Reference Compensation Paragraph" is revised to read "Exhibit A Paragraph
Reference."
Please remove and replace the following:
1. Exhibit A with attached document with pages marked AMENDMENT # Q.
2. Exhibit C with attached document with pages marked AMENDMENT # Q.
All other Terms and Conditions remain in effect.
Rev 711 I07 CONTRACT AMENDMENT TO CONTRACT #513847
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
1. Sco~e of Work
The Senior Nutrition Program provides nutritionally sound meals and social services throughout San
Diego County to individuals sixty (60) years old and older in two (2) settings, congregate (group setting)
at Senior Dining Centers, and home delivered to frail seniors. Transportation is provided, or arranged, to
and from Senior Dining Centers. There is no charge to the senior for these services although donations are
accepted. Nutrition services assist older individuals to live independently by promoting better health and
reduced isolation through a program of coordinated congregate meal, home-delivered meal, and supportive
services. Priority is given to serving persons with the greatest economic or social needs, in particular low-
income minority individuals.
2. Bacbround
The Senior Nutrition Program is funded through Title III of the Older Americans Act, www.aoa.fiovl, a
federal program administered by state and county governments and operated under rules, policies and
regulations of the California Department of Aging (CDA). This program began in the County of San
Diego, Aging & Independence Services (AIS), in 1975 and has increased to 25 current contractors
providing noon meals for seniors at 68 sites. Breakfast is also provided at some sites. Most contractors
also provide home-delivered meals.
Older individuals will be able to live independently because of better health and reduced isolation as a
result of the Senior Nutrition Program, a program of coordinated congregate meals, home-delivered meals,
and supportive services.
4. Deliverables
4.1 Meals in Conme~ate Settings: Contractor shall provide the maximum number of meals annually,
pursuant to Exhibit C, to seniors in a congregate setting at least five (5) days per week (see Title 22,
paragraph 7636.1 in the following link
http://www.aging.state~ca.uslaaa businesslresource materials & ~uideslnutrition niide.htm1). The
number of meals will be based upon historical actuals, not to exceed the annual amount, without
prior County approval.
4.1.1 Each meal shall contain at least 1/3 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services
www.health.g;ov/dietai~fiuidelines/daa2005/docun1ent.
4.2.1 Each meal shall contain at least 1/3 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services,
cww.health.gov/dietarygu idelines/dga2005/docutnent.
4.2 Home-Delivered Meals: Contractor shall provide the maximum number of home-delivered meals
annually, pursuant to Exhibit C if applicable, to seniors at least five (5) days per week (see Title 22
link).
4.3 Contractor shall provide approved units of Nutrition Education at a minimum of four (4) times
annually to participants in each congregate and home-delivered meal program.
I
I
4.4 Contractor shall provide units of transportation annually, pursuant to Exhibit C, to and from Senior
Dining Centers counted as one-way trips.
Exhibit A -Performance Work Statement
Senior Nutrition -City of Carlsbad
#5 13847. Amendment 02
Page 1 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
4.5 Contractor shall establish a plan to serve older individuals with the greatest economic and social
need. The Older Americans Act defines older individuals in the greatest economic need as any
person 60 years or older whose need results from an income level at or below the poverty line as
defined by the Federal Bureau of the Census and greatest social need as physical and mental
disabilities, language barriers, and cultural, social, or geographical isolation, including isolation
caused by racial or ethnic status, that restricts the ability of an individual to perform normal daily
tasks; or threatens the capacity of the individual to live independently. Plan shall be submitted to
County no later than thirty (30) days after award of contract.
4.6 Geographic Service Area: North Coastal Region
4.6.1 Program/Service: Congregate Meals, Home Delivered Meals and Transportation
4.6.2 Zip Codes Served: 92008-9201 1
4.6.3 Dining Site Locations, days of service, hours of service and type (s) of meal served (breakfast,
lunch or dinner)
4.6.3.1. Carlsbad Senior Center, 799 Pine Ave, Carlsbad, Ca. 92008; Monday through Friday,
8:00 AM to l:00 PM, lunch
5 Pavment for Services
I
5.1 Contractor shall submit a monthly claim for the actual previous month's deliverables (including data
pursuant to paragraph 7.3 below) to the COTR by the 1~~ of the following month.
6 General Reauirements for Service Delivery
6.1 Services shall be based upon Title 22 California Code of Regulations, Division 1.8, California
Department of Aging, Article 6, Title III-C "Elderly Nutrition Program"
requirements,(http://www.aging.state.ca.us/aaa business/resource materials & auideslnutrition gu
ide.htm1); the California Uniform Retail Food Facilities Law (CURFFL), www.co.el-dorado.ca.us;
and the Occupational Safety and Health Administration (OSHA), www.osha.nov/. A valid Health
Permit from the County of San Diego, Department of Environmental Health for all food production
sites and contracted caterers is also required.
6.2 Contractor shall ensure that the facilities in which the meals will be served shall be accessible via
public transportation, if available, and shall comply with the requirements of the Americans with
Disabilities Act (ADA), http:/lwww.ada.aov and Title 24 of the California Code of Regulation
http://www.energy.ca.gov/title24/index.html. All facilities are subject to inspection and approval.
6.3 Funding Components: Nutrition Program services are funded by the following four components:
6.3.1 CDA Title I11 Allocation
6.3.2 NSIP funds that are based on Contractors previous year meal count.
6.3.3 Contractor's program income, which is donations/contributions and guest
fees.
6.3.4 Contractor's other revenue (fundraising). ..
Said compensation is not designed to fully fund the program. The fixed supplement rates are
determined to offset the cost of providing services based on and subject to availability of funds from
the State of California, California Department of Aging (CDA).
6.4 Performance Expectations: Contractor shall maintain one hundred percent (100%) compliance with
service levels stated in the Performance Work Statement. A Corrective Action Plan is required to
be submitted by Contractor if Contractor falls below ninety-five percent (95%) of the service levels.
Service levels will be reviewed monthly, quarterly, and annually. Failure to bring service levels up
Exhibit A - Performance Work Statement
Senior Nutrition - City of Carlsbad
#5 13847, Amendment 02
Page 2 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
to the contracted levels can result in re-negotiation of the contracted service levels or termination of
the contract. The budget level will be revised to be commensurate with the lower level of
service(s).
6.5 Reference to AIS: All printed materials, publicity, and media outreach prepared or conducted by the
contractor will include a reference to Aging & Independence Services as a funding source. Copies
of publicity materials related to contracted programs identified in this contract shall be filed with
Aging & Independence Services Contract Operations.
6.6 Press and Media: Aging & Independence Services shall be advised at least twenty four (24) hours in
advance of all locally generated press releases and media events regarding contracted services
identified in this contract.
6.7 Equipment Documentation: Contractor shall document, in writing, the need for purchasing
equipment. Written documentation must demonstrate a direct relationship between the goals,
objectives and specific requirements for service delivery and the equipment to be purchased. In the
case of automation equipment, the contractor must demonstrate that the equipment and related
software to be purchased will meet County of San Diego/Health and Human Services
Agency/Aging & Independence Services requirements and standards.
6.8 Match: Contractor is required to provide at least a fifteen percent (I 5%) match for program costs in
cash or in-kind income.
6.9 Cultural Competence and Diversity: Contractor shall support the County of San Diego, the Health
and Human Services, and Aging & Independence Services through organizational and systematic
practices demonstrating cultural competence and diversity. A set of congruent behaviors, attitudes
and policies for programs, programs, and systems shall be adopted that enable people to work
effectively in cross-cultural situations. All services provided shall be oriented to meet the unique
linguistic and cultural needs of the diverse clients to be served.
6.10 Critical IncidentsNiolence: Contractor shall assure that employees have written plans or protocols
and receive training for handling critical incidents involving the instances of violence or threat of
violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or
instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such
incidents to Aging & Independence Services Contract Operations within one workday of their
occurrence.
7 S~ecific Reauirements for Service Delivery
7.1 There are three (3) major program components: food service, support services, and the advisory role
of participants:
7.1.1 Food Service: Contractor shall provide a hot or other appropriate meal, served five (5) or
more days (Monday through Friday) a week in a congregate setting. Meals to the
homebound must be made available every day of the year although frozen weekend or
holiday meals may be delivered during the week (see Title 22 link). Meals must be
prepared, served and delivered in a manner, which complies with local public health laws
and regulations.
7.1.2 Services: Contractor shall conduct outreach activities to ensure participation of eligible
older persons, particularly those in greatest economic or social need; must develop or
maintain coordination with other social services agencies; and plan for and provide nutrition
education services.
7.1.3 Advisory Role of Participants: Contractor shall have procedures for obtaining the views of
participants about the services they receive. This will be implemented by the establishment
Exhibit A - Performance Work Statement
Senior Nutrition - City of Carlsbad
#513847, Amendment 02
Page 3 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
of a Program Council or other advisory body of participants approved by Aging &
independence Services.
Other program components include:
7.2 StaEng/Administration: Contractor shall maintain an adequate number of qualified persons to assure
the satisfactory implementation of: program leadership; program planning; provision of nutrition
services; outreach and other services; volunteer activities; financial and contract management; and
data collection for required federal, state and county reports and records.. Notification of program
changes must be made to the County within seventy two (72) hours when said changes will affect
the delivery of services to the participants. Example of such situations may be staff changes, site
closures (temporary or permanent) and vehicle incidents.
7.3 Confidentiality: Contractor shall ensure that no information regarding, or obtained from, an
individual shall be disclosed in any form identifiable with the individual without the individual's
written infonned consent, Contractor shall maintain records in such a manner that confidentiality
will not be violated. Persons may not be denied services if they refuse to provide written infonned
consent.
7.4 Meal Contributions by Eligible Participants: Eligible persons receiving nutrition services shall be
given the opportunity to contribute to the costs of the service provided and shall determine for
themselves what they are able to contribute. Contractor shall not deny services to any person
because of failure to contribute. Methods to receive contributions shall ensure anonymity.
Contractor shall encourage participants to contribute towards the cost of the meal and shall suggest
a minimum amount. The minimum suggested donation shall be developed with input from the
program council. A suggested contribution schedule may be developed, considering the income
ranges of older persons in the community. Contribution schedules shall not be used as a "means"
test to determine eligibility.
7.5 Meal Charges for Staff and Guest under Sixty (60) Years of Age: Contractor may serve meals to
staff and guests less than sixty (60) years of age if doing so will not deprive an older person of a
meal. These individuals shall pay at least the fill cost of the meal. Contributions and charges for
meals are considered program income and shall be used to increase the number of meals served.
7.6 Records, Reports and Distribution Information: Contractor shall maintain a system for the
collection of data that will accurately reflect the Contractor's program and financial operations, will
meet requirements with respect to confidentiality, and fulfill the information required by this
contract.
7.7 Holidays: A maximum of twelve (12) recognized holiday closings will be allowed per year. These
holidays must be submitted in advance to the COTR at the beginning of each fiscal year.
Exceptions will be handled on a case-by-case basis.
7.8 Data Collection & Reporting:
7.8.1 Contractor shall utilize the AIS-identified Automated Data Collection System to:
7.8.1.1 Register and maintain all client demographic and assessment data for all active
clients within each fiscal year,
7.8.1.2 Track and report all service unit delivery data (via bar-coding and manual data
entry) within each fiscal year, and
7.8.1.3 If contractor received federal Housing & Urban Development (HUD) funding via
the City of San Diego, contractor shall provide all relevant data.
7.8.2 Contractor shall maintain and report accurate, daily meal counts, nutrition education and
transportation units by utilizing the County-identified Automated Data Collection System.
Exhibit A - Performance Work Statement Page 4 of 5
Senior Nutrition - City of Carlsbad
#5 13847, Amendment 02
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
7.8.3 Contractor shall send monthly summary report of above infomation and claim to AIS
Contract Operations by 15' of following month. Claim will be paid upon successfil
determination of reconciled data as mentioned in paragraphs 7.8.1 and 7.8.2 above.
7.9 Customer Satisfaction Survey: Contractor shall allow AIS or AIS-contracted representative to
conduct a Customer Satisfaction Survey and compile the data.
7.10 Contractor shall achieve an overall "very satisfied" or "somewhat satisfied" rating by at least ninety
percent (90%) of clients at each Customer Satisfaction Survey cycle. Contractor shall incrementally
improve at each survey to achieve this rating.
8 DISENTANGLEMENT
Contractor shall accomplish a complete transition of the services being terminated from Contractor to
County, or to any provider designated by County, without interruption of or adverse impact on the services.
Contractor shall cooperate with the County or Contractor's obligation to provide the services shall not cease
until Disentanglement is satisfactory to County.
Exhibit A - Performance Work Statement
Senior Nutrition - City of Carlsbad
#513847, Amendment 02
Page 5 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1. COMPENSATION: The compensation listed below is not designed to hlly fund the program. The fixed
supplemental rates are developed annually based on funding and determined to offset the cost of providing
services. These rates are subject to availability of funding from the State of California, California
Department of Aging (CDA). A completed report of actual costs (closeout report) expended shall be
submitted at the end of the fiscal year.
2. SERVICE UNITS AND RATES FOR FISCAL YEAR 2007-2008
(1) State of California C-lfunding stream
(2) State of California C-2 hnding stream
(3) State of California B funding stream
'Nutrition Services Incentive Payment (NSIP) dollar amounts are estimated ONLY and may be adjusted based
on actual prior year number of meals served.
**Authorized providers within the City of San Diego may receive additional hnds, subject to availability of
funding.
Exhibit C -Fiscal Terms & Conditions and Pricing Schedule Page 1 of 1
City of Carlsbad #513847
Revised: July 1,2007
Exhibit A
Paragraph
Reference
4.1
4.2
4.4
4.1
4.2
4.1
4.2
4.4
4.1
TOTAL
Amendment # 02
Funding
Source
Title 111-C 1
(1)
Title 111-C2
(2)
Title III-B
(3)
NSIP-C1
NSIP-C2
OTO-C 1
OTO-C2
OTO-B
City-
fbnded* *
Services
Congregate
Meals
Home-Delivered
Meals
Transportation
Incentive
Payments*
Incentive
Payments*
One-time-only
(OTO)
One-time-only
(OTO)
One-time-only
(OTO)
Authorized
Providers within
the City of San
Diego only;
Congregate
Meals
# of
Sewice
Units
22,7
7,663
6,740
22,716
7,663
0
0
0
0
Fixed
Supplemental
Rate
$3.49
$3.11
$5.00
$0.65
$0.65
0
0
0
0
Total
$79,279
$23,832
$33,700
$14,765
$4,981
0
0
0
0
$156,557
IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above.
We, the undersigned Contractor, have given careful consideration THIS AMENDMENT IS NOT VALID UNLESS
to the change proposed and hereby agree, if this proposed change APPROVED BY THE DIRECTOR, DEPARTMENT OF
is approved, that we will provide all equipment, furnish all ~URCHAS~GAND CONTRACTING
materials, except as may otherwise be noted above, and perform
all services necessary for the work specified herein, and will Department Review and Recommended Approval:
accept as full payment the increased agreed upon contract amount
of $156,557 for Fiscal Year 2007-2008. Contract time for
completion remains unchanged. By:
PAMELA B. SMITH, Director
Aging & Independence Services
Ray Patchett, City Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682
Fax: 760-434-4206
Date: .. -0 '7
Rev 711 107
Date:
APPROVED:
By:
WINSTON F. McCOLL, Director
Department of Purchasing and Contracting
Date:
CONTRACT AMENDMENT TO CONTRACT #513847
- 1 (1 0/11/2007) Sherry Freisinger - 51 3847 AMEND 2.pdf Page 2 1
IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date fust set forth above.
We, the undersigned Contractor, have given careful consideration THIS AMENDMENT IS NOT VALID UNLESS
to the change proposed and hereby agree, ifthis proposed change APPROVED BY THE DIREmOR, DEPARTMENT OF
is approved, that we will provide all equipment, furnish all PURCHASINGAND CONTRACTING materials, except as may otherwise be noted above, and perfonn
all services necessary for the work specified herein, and will
accept as full payment the increased agreed upon contract amount
of $156,557 for Fiscal Year 2007-2008. Contract time for
completion remains unchanged.
PAMELA B. SMITH. Director
Aging & Independence Services
Ray Patchett, City Manager
Citv of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: 760-602-4682
Fax: 760-434-4206
Date:
Date: f[zl$7
APPROVED:
By: %
WINSTON F. MCCOL~, %irector
Department of Purchasing and Contracting
Date: JO - 0 3 - a007
Rev 711 I07 CONTRACT AMENDMENT TO CONTRACT #513847
COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT AMENDMENT
County Conhact No: 513847
Amendment No: 01
To: City of Carlsbad. Pursuant to the contract changes clause, you are directed to make the changes described herein to thecon- or do
the following described work not included in the previous agreed on Statement of Work.
Title of Contracf Project, or Program: Senior Nutrition Services Effective Date: May 1, 2007
Description of Contract Change@) andlor Work to Be Done:
1. The Signature Page of the Pro Forma Service Agreement is modified as follows:
a. Compeusation. The compensation for the initial term ofthe Agreement is increased by $7,692 to a total ofS124,182 with
Title I11 C-I funds. Total contract price is increased to $716,958.
PLEASE NOTE: A copy of the revised "Signature Pagen is attached for your convenlence. Do not remove and replace the
"Signature Page" with the attached sample.
Description of Additional Contract Change@) andlor Work to Be Done:
2. Exhibit A, Performance Work Statement, is modified as follows: a) Deliverahles. The annual maximum number of meals
provided in a congregate setting is increasedfrom 15,838 to 17,838 (A, Section 4, Paragraph 4.1)
3. Exhibit C, Fiscal Terms and Conditions and Pricing Schedule, is modified as follows:
a. Compeusation. Contract amount for Fiscal Year 2006-2007 is increased from $116,490 to $124,182 (Section 1)
b. Title XII-C1, Congregate Meals and Funding. Number of congregate meals is increased from 15,838 to 17,838, and
funding is increased from $51,315 to $57,795.
c. Nutrition Services Incentive Program @SIP) - C1 Funding. Number ofcongregate meals is increased f?om 15,838 to
17,838, and funding is increased hm $10,216 to $11,506.
Please remove and replace the following:
1. Exhibits A and C with attached documents with pagw marked AMENDMENT # 01
All other Terms and Conditions remain in effect.
IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date first set forth above.
We, the undersigned Contractor, have given careful consideration
to the change proposed and hereby agree, if this proposed change
is approved, that we will provide all equipment, furnish all
materials, except as may otherwise be noted above, and perform
all services necessary for the work specified herein, and will
accept as full payment the increased agreed upon contract amount
of $124,182 for Fiscal Year 2006-2007. Contract time for
com~letion remains unchaneed.
Ray patch&, City Manager
City of Carlsbad
799 Pine Ave
Carlsbad, CA 92008
Ph: (760) 602-4682
Fax: (760) 434-4206
Date: d Id CI/O 7
THIS AMENDMENT IS NOT vALm UNLESS
APPROVED BY THE DIRECTOR, DEPARTMENT OF
PURCHASING AND CONTRACTING
DepartmeniReview and Recommended Approval:
By:
PAMELA B. SMITH, Director
Aging & Independence Services
Date: (, OL(
APPROVED:
By:
f- WINSTON F. blcCOLL,
Department of Purchasing
Date: d / b 1 03
CONTRACT AMENDMENT TO CONTRACT # 513847 Rev 4/24/07
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this I' day of October 2006 ("Effective Date")
and end on June 30,2007 ("Initial Term") for a total Agreement period of nine months.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one year each for a
total of four (4) years beyond the expiration of the Initial Term, not to exceed June 30,201 1, pursuant to
Exhibit C Pricing Schedule. Unless County notifies Contractor in writing, not less than 30 days prior to the
expiration date that they do not intend to renew the Agreement. Each extension of the Agreement shall be
a written Amendment and signed by both parties..
Oution to Extend For On
option to extend the term of this Agreement
(1) and no more than six (6) calendar
Contracting Director. Each extension shall be affected by written A
parties and delivered to Contractor no less than fifteen (15) calendaf
Agreement term.
The rates set forth in Article 4, Exhibit C
any option exercised pursuant to this opti
has been made elsewhere in this Agreement or by
to "Availability of Funds." If funds are not
terminated.
COMPENSATION: Pursuant to Exhibit C, CQU
hundred twenty four thousan
Agreement and one hundred
the four (4) one year option periods, for a m of seven hundred sixteen thousand
nine hundred fifty-eight dollars ($716,958). od of payment stipulated in Article
4.
COTR. The County has des
Representative ("COTR")
,+ . ,.(' :*;pS:: -, cp.. ~ichaefhr~wn, ~o&ract Administrator
+ .*+ ,, PSA, Independence Services . 7. ,.q, ,
$: ... ..,a*,
C! ,:~; . ..., . (~nr .h c ,ba.h-3 ,;,7,,~01h Diego, CA 92123
~ligfie,: (858) 50.524955, FAX: Fg58) 694-2316, e-mail: michael.strawn@sdcounty.ca.gov . ,~ '. .
CON$~CTOR'S REPRE%NTATNE. The Contractor has designated the following individual as the
~ontract&s~&l@$lii*. .... .>, ..* ,.~ .%& :. .. Cd ..~ LI; Gail Lynn, Recreation Area Manager
.xf City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: (760) 602-4682; Fax: (760) 434-4206; e-mail: glynn@ci.carlsbad.ca.us
RJ WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date
first set forth above
Nutrition (Carlsbad) Amend 01 Signature Page (FY 06-07) doc hmenJrnenl01
April 24, 2007
COUNTY OF SAN DIEGO
AGREEMENT NUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
- -
1. Scope of Work
The Senior Nutrition Program provides nutritionally sound meals and social services throughout San
Diego County to individuals 60 years old and older in hvo settings, congregate (group setting) at Senior
Dining Centers, and home delivered to frail seniors. Transportation is provided or arranged to and from
Senior Dining Centers. There is no charge to the senior for these services; they are available for a
donation. Nutrition services assist older individuals to live independently by promoting better health and
reduced isolation through a program of coordinated congregate meal, home-delivered meal, and supportive
services. Providers give priority to serving persons with the greatest economic or social needs, in particular
low-income minority individuals.
2. Backeround
The Senior Nutrition Program is funded through Title I11 of the Older Americans Act, www.aoa.gov/, a
federal program administered by state and county governments and operated under rules, policies and
regulations of the California Department of Aging (CDA). This program began in the County of San
Diego, Aging & Independence Services (AIS), in 1975 and has increased to 25 current contractors
providing noon meals for seniors at 68 sites. Breakfasts are also provided at some sites. Most contractors
also provide home-delivered meals.
3. Goal
Older individuals will be able to live independently because of better health and reduced isolation as a
result of the Senior Nutrition Program, a program of coordinated congregate meals, home-delivered meals,
and supportive services.
4. Deliverables
4.1 Contractor shall provide a maximum of 17,838 meals annually; to seniors in a congregate setting at
least five days per week (see Title 22, paragraph 7636.1 in the following link
httv:l/www.aginn.state.ca.us/aaa business/resource materials & euides/nutrition euide.html). The
number of meals will be based upon historical actuals, not to exceed 17,838 annually, without prior
County approval.
4.1.1 Each meal shall contain at least 113 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of 'Health and Human Services
w~v~v.health.povldietar~uidelinedde.d2OO5/document.
4.2 Contractor shall provide a maximum of 7,114 home-delivered meals annually, to seniors at least
five days per week (see Title 22 link).
4.2.1 Each meal shall contain at least 113 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services,
www.health.eov/dieta~euidelines/&a2005/document.
4.3 Contractor shall provide approved units of Nutrition Education at a minimum of four times
annually, to participants in each congregate and home-delivered meal program.
4.4 Contractor shall provide 5,527 units of transportation annually, to and from Senior Dining Centers
counted as one-way hips.
C1hlh11 ,\-Peifom~~nce Work Slalerner~l (rcv~sed 4/24/07) Page I of5
COUNTY OF SAN DIEGO
AGREEMENT NUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
4.5 Contractor shall establish a plan to serve older individuals with the greatest economic and social
need. The Older Americans Act defines older individuals in the greatest economic need as any
person 60 years or older whose need results from an income level at or below the poverty line as
defined by the Federal Bureau of the Census and greatest social need as physical and mental
disabilities, language barriers, and cultural, social, or geographical isolation, including isolation
caused by racial or ethnic status, that restricts the ability of an individual to perform normal daily
tasks; or threatens the capacity of the individual to live independently. Plan shall be submitted to
County no later than 30 days after award of contract.
4.6 Geographic Service Area: HHSA North Coastal Region
4.6.1 ProgramIService: Congregate; Home Delivered; Transportation
4.6.2 Zip Codes Served: 92008 - 9201 1 (Carlsbad)
4.6.3 Dining Site Locations, days of service, hours of service and type (s) of meal served (breakfast,
lunch or dinner)
4.6.3.1 Dining Site Location: Carlsbad Senior Center, 799 Pine Ave, Carlsbad, CA 92008,
Dining Room open from Monday - Friday 8am - 1 pm. Lunch is served Monday -
Friday from Noon - 1 pm.
4.7 Contract Period: This contract will be for the period beginning July 1, 2006, and ending June 30,
2007, with four one-year options through June 30, 201 1. Each fiscal year subject to renegotiation
and subject to the availability of continued hnding and favorable evaluations of contracted services.
If funds are not available, Contractor shall not be obligated to perform and this Agreement shall be
terminated.
5 Pavment for Services
5.1 Contractor will be paid a rate pursuant to Exhibit C, based upon the units of service delivered, and
availability of funds, as further described in 4.7 above.
5.2 Contractor shall submit a monthly claim for the actual previous month's deliverables (including data
pursuant to paragraph 7.3 below) to the COTR by the 15' of the following month. Payment shall be
NET 30 days from receipt and approval of invoice unless otherwise stated.
6 General Reauirements for Service Delivery
6.1 Services shall be based upon Title 22 California Code of Regulations, Division 1.8, California
Department of Aging, Article 6, Title 111-C "Elderly Nutrition Program"
requirements,(htto://www.aainr.state.ca.us/aaa business/resource materials & cuides/nuhition eu
ide.htm1); the California Uniform Retail Food Facilities Law (CURFFL), www.co.el-dorado,ca,us;
and the Occupational Safety and Health Administration (OSHA), www.osha.~ov/. A valid Health
Permit from the County of San Diego, Department of Environmental Health for all food production
sites and contracted caterers is also required.
6.2 Eligible Contractor: Contractor may be public or private agencies. Private agencies must be an
incorporated entity, either for-profit or non-profit.
6.3 The facilities in which the meals will be served shall be accessible via public transportation, if
available, and shall comply with the requirements of the Americans with Disabilities Act (ADA),
httu://www.ada.rov and Title 24 of the California Code of Regulation
h~://www.ener~.ca.~ov/titIe24/index.html. All facilities are subject to inspection and approval
prior to award ofcontract.
6.4 Funding Components: Nutrition Program services are funded by the following four components:
-..L.L:. % ~~~~~~lsnrr work Statement (revised 4124107) Page 2 of 5
COUNTY OF SAN DIEGO
AGREEMENTNUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
6.4.1 CDA Title III Allocation
6.4.2 NSIP funds that are based on Contractors previous year meal count.
6.4.3 Contractor's program income, which is participant's donations/contributions and guest
fees.
6.4.4 Contractor's other revenue (fundraising).
Said compensation is not designed to fully fund the program. The fixed supplement rates are
determined to offset the cost of providing services based on and subject to availability of funds from
the State of California, California Department of Aging (CDA).
6.5 Performance Expectations: One hundred percent compliance with service levels stated in the
Statement of Work is expected. Contractors who fall below ninety-five percent of the contracted
levels are required to submit a Corrective Action Plan. Service levels to be reviewed monthly,
quarterly, and annually. Failure to bring service levels up to the contracted levels can result in re-
negotiation of the contracted service levels or termination of the contract. The budget level will be
revised to be commensurate with the lower level of service(s).
6.6 Reference to AIS: All printed materials, publicity, and media outreach prepared or conducted by the
contractor will include a reference to Aging & Independence Services as a funding source. Copies
of publicity materials related to contracted programs identified in this contract shall be filed with
Aging &Independence Services Contract Operations.
6.7 Press and Media: Aging & Independence Senices shall be advised at least 24 hours in advance of
all locally generated press releases and media events regarding contracted services identified in this
contract.
6.8 Equipment Documentation: Contractor shall document, in writing, the need for purchasing
equipment. Written documentation must demonstrate a direct relationship between the goals,
objectives and specific requirements for service delivery and the equipment to be purchased. In the
case of automation equipment, the contractor must demonstrate that the equipment and related
software to be purchased will meet County of San DiegoMealth and Human Services
AgencyIAging & Independence Services requirements and standards.
6.9 Match: Contractor is required to provide at least a 15% match for program costs in cash or in-kind
income.
6.10 Cultural Competence and Diversity: Contractor shall support the County of San Diego, the Health
and Human Services, and Aging & Independence Services through organizational and systematic
practices demonstrating cultural competence and diversity. A set of congruent behaviors, attitudes
and policies for programs, programs, and systems shall be adopted that enable people to work
effectively in cross-cultural situations. All services provided shall be oriented to meet the unique
linguisiic and cultural needs of the diverse clients to be served.
6.1 1 Critical IncidentsNiolence: Contractor shall assure that employees have written plans or protocols
and receive training for handling critical incidents involving the instances of violence or threat of
violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or
instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such
incidents to Aging & Independence Services Contract Operations within one workday of their
occurrence.
7 Specific Re~uirements for Service Delivery
7.1 There are three major program components: food service, support services, and the advisory role of
participants:
Exhlb~l A-Performance Work Staternen1 (revcrrd 4/24/07) Page 3 or 5
COUNTY OF SAN DIEGO
AGREEMENT NUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
7.1.1 Food Service: Includes the provision of a hot or other appropriate meal, served five
(Monday through Friday) or more days a week in a congregate setting. Meals to the
homebound must be made available every day of the year although frozen weekend or
holiday meals may be delivered during the week (see Title 22 link). Meals must be
prepared, served and delivered in a manner, which complies with local public health laws
and regulations.
7.1.2 Services: Each program must have outreach activities to ensure participation of eligible
older persons, particularly those in greatest economic or social need; must develop or
maintain coordination with other social services agencies; and plan for and provide nutrition
education services.
7.1.3 Advisory Role of Participants: Programs shall have procedures for obtaining the views of
participants about the services they receive. This will be implemented by the establishment
of a Program Council or other advisory body of participants approved by Aging &
Independence Services.
Other program components include:
7.2 Staffing/Administration: It is expected that the program will have an adequate number of qualified
persons to assure the satisfactory implementation of: program leadership; program planning;
provision of nutrition services; outreach and other services; volunteer activities; financial and
contract management; and data collection for required federal, state and county reports and records.
Notification of program changes must be made to the County within 72 hours when said changes
will affect the delivery of services to the participants. Example of such situations may be staff
changes, site closures (temporary or permanent) and vehicle incidents.
7.3 Confidentiality: The nutrition services provider shall ensure that no information about, or obtained
from, an individual shall be disclosed in any form identifiable with the individual without the
individual's written infonned consent. Records must be maintained in such a manner that
confidentiality will not be violated. Persons may not be denied services if they refuse to provide
written informed consent.
7.4 Meal Contributions by Eligible Participants: Eligible persons receiving nutrition services shall be
given the opportunity to contribute to the costs of the service provided and shall determine for
themselves what they are able to contribute. No person shall be denied participation because of
failure to contribute. Methods to receive contributions shall ensure anonymity. The provider shall
encourage participants to contribute towards the cost of the meal and shall suggest a minimum
amount. The minimum suggested donation shall be developed with input from the program council.
A suggested contribution schedule may be developed, considering the income ranges of older
persons in the community. Contribution schedules shall not be used as a "means" test to determine
eligibility.
7.5 Meal Charges for Staff and Guest under 60: Meals may be served to staff and guests less than 60
years of age if doing so will not deprive an older person of a meal. These individuals shall pay at
least the full cost of the meal. Contributions and charges for meals are considered program income
and shall be used to increase the number of meals served.
7.6 Records, Reports and Distribution Information: Each nutrition program shall maintain a system for
the collection of data that will accurately reflect the program's program and financial operations,
will meet requirements with respect to confidentiality, and fulfill the information required by this
contract.
Crh,hlt .\.Prrfolmance Work Statement (rev~sed 4/24/07) Page 4 af 5
COUNTY OF SAN DIEGO
AGREEMENT NUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
7.7 Holidays: A maximum of twelve (12) recognized holiday closings will be allowed per year. These
holidays must be submitted in advance to the COTR at the beginning of each fiscal year.
Exceptions will be handled on a case-by-case basis.
7.8 Data Collection & Reporting:
7.8.1 Contractor shall utilize the AIS-identified Automated Data Collection System to:
7.8.1.1 Register and maintain all client demographic and assessment data for all active
clients within each fiscal year,
7.8.1.2 Track and report all service unit delivery data (via bar-coding and manual data
entry) within each fiscal year, and
7.8.1.3 If contractor received federal Housing & Urban Development (HUD) funding via
the City of San Diego, contractor shall provide all relevant data.
7.8.2 Contractor shall maintain and report accurate, daily meal counts, nutrition education and
transportation units by utilizing the County-identified Automated Data Collection System.
7.8.3 Contractor shall send monthly summary report of above information and claim to AIS
Contract Operations by 15' of following month. Claim will be paid upon successful
determination of reconciled data as mentioned in paragraphs 7.8.1 and 7.8.2 above.
7.9 Customer Satisfaction Survey: Contractor shall allow AIS or AIS-contracted representative to
conduct a Customer Satisfaction Survey and compile the data.
7.10 Contractor will achieve an overall "very satisfied" or "somewhat satisfied" rating by at least 90% of
clients at each Customer Satisfaction Survey cycle. Contractor will incrementally improve at each
surrey to achieve this rating.
8 Disentanelement
8.1 Contractor shall accomplish a complete transition of the services being terminated from Contractor to
County, or to any provider designated by County, without interruption of or adverse impact on the
services. Contractor shall cooperate with the County or Contractor's obligation to provide the services
shall not cease until Disentanglement is satisfactory to County.
End of Performance Work Statement
Erhtbll A-Performance Work Siplement (revbred 4124107) Page 5 015
COUNTY OF SAN DIEGO
AGREEMENT NUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C -FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1. COMPENSATION: Contractor shall be compensated in an amount not to exceed $124,182 contract price
amount, for all services performed in designated zip codes under this contract for the total contract term
anticipated to begin May 1, 2007 through June 30, 2007, with four a~ual option years. Said compensation
is not designed to fully fund the program. The fixed supplemental rates are developed annually based on
funding and determined to offset the cost of providing services. These rates are subject to availability of
funding from the State of California, California Department of Aging (CDA).
1.1. Compensation for the total contract term referenced above is as follows:
1.1. I. Fixed Supplemental Rate $ amount for Portion of Contractor's Congregate Meals costs.
Payments are monthly compensation payments to Contractor for the provision of Congregate
Meals according to the Performance Work Statement (State of California C-1 funding stream).
1.1.2. Fixed Supplemental Rate $ amount for Portion of Contractor's Home Delivered Meal costs.
Payments are monthly compensation payments to Contractor for the provision of Home
Delivered Meals according to the Performance Work Statement (State of California C-2
funding stream).
1.1.3. Fixed Supplemental Rate $ amount for Portion of Contractor's Transportation costs.
Payments are monthly compensation payments to Contractor for the provision of
Transportation (One way trips) according to the Performance Work Statement (State of
California B funding stream).
1.1.4. Fixed Supplemental Rate $ amount for Incentive Payments from the NSIP (Nutrition Services
Incentive Program). NSIP payments are monthly incentives for Contractors that continually
attain high achievement based on number of meals (C-l and C-2) served during the prior year.
This amount will be determined annually by the County, based on funds received from the
State and Contractor's prior year's performance (i.e. meals served).
1.1.5. Cost Reimbursement $ amount for One Time Only (OTO) Allocation. OTO Allocations are
one time annual monetary awards for designated goods or services related to C-I, C-2 or B
Programs, which are directly related to the Senior Nutrition Service System, based on special
cost reimbursement requests from Contractor. OTO awards are based on funds received from
the State of California, and must be approved in advance by the County. Contractor shall
procure the goods or services by utilizing competitive measures, and provide documentation of
receiving 3 or more quotes to substantiate fair and reasonable pricing. County will reimburse
costs upon presentation of receipts.
1.1.6. Fixed Supplemental Rate $ amount for Portion of Contractor's Congregate Meals costs.
Payments are monthly compensation payments to Contractor for the provision of Congregate
Meals according to the Performance Work Statement (City of San Diego funding stream).
1.2. The County shall have the authority to increase or reduce the contract compensation, via the issuance
of a Unilateral Amendment, signed by the County's Director of Purchasing and Contracting, as
required to execute Exhibit C, Paragraphs I .1.4 & 1.1.5.
1.3. Contractor shall submit:
1.3.1. a completed Budget for the entire program with this WSQ, and as required by County. Budget
shall detail anticipated costs to provide number of meals (home delivered and congregate), and
anticipated number of one-way trips for the upcoming contract term for the entire program.
Budgets must be submitted per County provided form and format.
Exh~bn C - Fiscal Terms & Cand~i~ons (Kcvtscd 412Ji07)
and Pricing Schedule Page i of 2
COUNTY OF SAN DIEGO ---
AGREEMENT NUMBER 513847 AMENDMENT 01
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1.3.2. at the end of the contract fiscal year, a completed report of actual costs (closeout report)
expended, as requested.
* NSIP dollar amounts are estimated ONLY and may be adjusted based on actual prior year number of meals
served.
I
I
Providers within
Exh!b,t C - F~scal Tcma & Cundal~ons (Revlsrd 4124107)
and Prlclng Schedule Page 2 of 2
TOTAL I
Congregate
Meals
$124,182
COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("Effective Date") by and
between the County of San Diego, a political subdivision of the State of California ("County") and City of Carlsbad, located at
799 Pine Ave, Carlsbad, California 92008 (" Contractor"), with reference to the following facts:
RECITALS
A. The County, by action of the Board of Supervisors August 2, 2005, Minute Order No. 14, authorized the Purchasing and
Contracting Director, pursuant to Article XXIII, Section 401of the Administrative Code, to award an Agreement for Senior
Nutrition Program services
B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these
services.
C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and
efficiently than the County, pursuant to Section 703.10 of the County Charter.
D. The Agreement shall consist of this pro forma Agreement, Exhibit A Performance Work Statement, Exhibit A-1
Contractor's Proposal, Exhibit B Insurance Requirements, and Exhibit C Fiscal Terms & Conditions and Pricing Schedule.
E. In the event that any provision of the Pro Forma Agreement or its Exhibits, A, B or C, conflicts with any other term or
condition, precedence shall be: First (1st) the Pro Forrna: Second (2nd) Exhibit B; Third (3rd) Exhibit A; and Fourth (4th)
Exhibit C.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
ARTICLE 1
PERFORMANCE OF WORK
1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest
professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all
other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the
work and provide the services required of Contractor by this Agreement.
1.2 Contractor's Representative. Contractor's duties under this Agreement shall be performed on behalf of the Contractor by
the person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (1)
Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the
services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder.
Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this
Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Term of the Agreement
without County's written consent which shall not be unreasonably withheld. County reserves the right to terminate this
Agreement pursuant to Clause 7.1 "Termination for Default", if in County's judgment, the work hereunder is not being
performed by Contractor's Representative.
1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor, and
neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County.
Contractor shall perform its obligations under this Agreement according to the Contractor's own means and methods of
work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to
control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or
subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation,
overtime, retirement benefits, workers' compensation benefits and injury leave.
1.4 Contractor's Agents and Emplovees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents,
employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services
shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons
authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at
Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or
subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any
such claim.
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
Any subcontract, or a combination of subcontract to the same individual or firm for the Agreement period which is in
excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of the Agreement, whichever is less
must have prior concurrence of the Contracting Officer Technical Representative. Contractor shall provide Contracting
Officer Technical Representative with copies of all other subcontract relating to this Agreement entered into by Contractor
within 30 days after the effective date of the subcontract. Such subcontractors of Contractor shall be notified of
Contractor's relationship to County. "Subcontractor" means any entity, other than County, that furnishes to Contractor
services or supplies relevant to this Agreement other than standard commercial supplies, office space, and printing services.
1.4.1 Contractor Responsibility. In the event any subcontractor is utilized by Contractor for any portion of the project,
Contractor retains the prime responsibility for carrying out all the tenns of this Agreement, including the responsi-
bility for performance and insuring the availability and retention of records of subcontractors in accordance with
this Agreement. No subcontract utilizing funds from this Agreement shall be entered into which has a term
extending beyond the ending date of this Agreement.
1.4.2 Mandated Clause. All sub-contract shall include the Standard Terms and Conditions required of Contractor
herein.
1.4.3 Countv Approval. As identified above, all sub-contract under this Agreement shall have prior concurrence of the
Contracting Officer Technical Representative, such approvals shall not be unreasonably withheld.
ARTICLE 2
SCOPE OF WORK
2.1 Performance Work Statement. Contractor shall perform the work described in the "Performance Work Statement" attached
as Exhibit "A" to this Agreement, and by this reference incorporated herein, except for any work therein designated to be
performed by County.
2.2 Right To Acquire Equipment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same
type or equivalent equipment andlor service from other sources, when deemed by the County to be in its best interest.
ARTICLE 3
RESERVED
4.1 General Principles
ARTICLE 4
COMPENSATION
4.1.1 The Pricing Schedule is in Exhibit C and the compensation is on the signature page. The County is precluded from
making payments prior to receipt of services (advance payments). Invoices are subject to the following
requirements. County will pay Contractor the agreed upon price, pursuant to the Pricing Schedule in Exhibit C and
the budget for cost reimbursement elements in Exhibit C for the work specified in Exhibit A, Performance Work
Statement.
4.1.2 Conditions Prerequisite To Pavments. County may elect not to make a particular payment if any of the following
exists:
4.1.2.1 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of substantial and
material nature with respect to any information furnished to County.
4.1.2.2 Unauthorized Actions bv Contractor. Contractor took any action pertaining to this Agreement, which
required County approval, without having first received said County approval.
4.1.2.3 Unauthorized Actions by Contractor. Contractor took any action pertaining to this Agreement which
required County approval, without having first received said County approval.
4.1.2.4 Default. Contractor was in default under any terms and conditions of this Agreement.
4.1.3 Withholding Of Pavment. County may withhold reimbursement until reports, data, audits, or other information
required for Agreement administration or to meet County or State reporting or auditing requirements are received
and approved by COTR or designee. County may also withhold payment if, in County's opinion, Contractor is in
noncompliance with this Agreement, and refuses to cure any defect(s) within a reasonable time period.
4.1.4 Availabilitv of Funding. The County's obligation for payment of any Agreement beyond the current fiscal year is
contingent upon the availability of funding fiom which payment can be made. No legal liability on the part of the
County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County and
are made available for such performance.
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
County shall, in its sole discretion, have the right to terminate or suspend Agreement or reduce compensation and
service levels proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State or
County funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agree-
ment. In the event of reduction of funding for the Agreement, County and Contractor shall meet within ten (10)
days of written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no
agreement is reached between County and Contractor within 10 days of the first meeting, either party shall have the
right to terminate this Agreement within ten (10) days written notice of termination.
In the event of termination of this Agreement in accordance with the terms of this Section, Contractor shall be
entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which
County may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of termination
of this Agreement pursuant to this Section, in no event shall Contractor be entitled to any loss of profits on the
portion of this Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary services
other than as herein expressly provided.
4.1.5 Disallowance. In the event Contractor receives payment from County for a service, reimbursement for which is
later disallowed by County or the State of California, or the United States of America, Contractor shall promptly
refund the disallowed amount to County on request, or County may offset the amount disallowed from any payment
due to or to become due to Contractor under this Agreement or any other Agreement. Similarly, a disallowance
under a prior Agreement may be offset against this Agreement.
4.1.6 Maximum Price. During the performance period of this Agreement, the maximum price for the items and/or services
shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored
customer.
4.1.7 In no event shall County pay Contractor in excess of the amount identified on the Signature Page, unless modified
pursuant to Section 4.1.8 below.
4.1.8 Agreement Amendment. An Agreement amendment signed by the Contracting Officer is required to modify the
total Agreement amount or Agreement term.
4.2 Fiscal for Fixed Price Elements. Pursuant to Exhibits A and C
4.2.1 Accounting Svstem and Fiscal Monitoring. Contractor shall provide and maintain an accounting and financial
support system to monitor and control costs to assure Agreement completion.
4.2.2 Invoices and Pavrnent.
4.2.2.1 Invoices. Payment for the services performed under this Agreement shall be in accordance with Exhibit
C, unless other payment methodologies are negotiated and agreed to by both Contractor and County.
Contractor shall submit approved invoices monthly to the COTR for work performed in the monthly
period, accordingly. Contractor's monthly invoices shall include a statement certifying whether it is in
compliance with Paragraph 8.15 of this Agreement.
4.2.2.2 Pavments. County agrees to pay Contractor in arrears only after receipt and approval by COTR of
properly submitted, detailed and itemized original invoice referencing the Agreement number pursuant
to Exhibit C, documenting the total invoiced amount by Contractor.
4.2.2.3 Each invoice so approved and paid shall constitute full and complete compensation to Contractor for the
work product submitted and for all work completed during the billing period pursuant to Exhibit A and
Exhibit C. Payment shall be NET 30 days from receipt and approval of invoice unless otherwise stated.
4.2.3 Full Cornensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full and
complete compensation to the Contractor for all work completed during the billing period pursuant to Exhibit A
and Exhibit C. Contractor shall be entitled only to compensation, benefits, reimbursements or ancillary services
specified in this Agreement.
4.3 Fiscal for Cost Reimbursement Elements. Pursuant to Exhibits A and C
4.3.1 General Principles. Contractor shall comply with generally accepted accounting principles and good business
practices, including all applicable cost principles published by the Federal Office of Management and Budget
(OMB), including A-122, which can be viewed at h~://www.whitehouse.gov/omb/circulars. Please refer to PWS
to reference website links for the California Department of Aging and Federal Administration on Aging.
Contractor shall, at its own expense, furnish all cost items associated with this Agreement except as herein
otherwise specified in the budget or elsewhere to be fiunished by County.
4.3.2 Agreement Budnet. The Agreement Budget is in Exhibit C. In no event shall the Agreement budget total be
increased or decreased prior to County approved Agreement amendment. Some budget line item adjustments
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
require County review and approval. Adjustments requiring County review and approval are listed in Exhibit C
"Pricing Schedule."
4.3.3 Administrative Adiustment. The COTR may make administrative Agreement adjustments to change or modify the
budget as long as the total Agreement amount or Agreement term is not modified.
4.4 Invoices and Pavrnent
4.4.1 Invoices For Reimbursement. Contractor shall submit properly executed monthly Invoices for Reimbursement to
the COTR for reimbursement of allowable costs associated with the work performed in the prior month. Payments
will be paid as described in paragraph 4.4.2 below. Invoices shall be completed and submitted in accordance with
written COTR instructions. Contractor's monthly invoices shall include a statement certifying whether it is in
compliance with Paragraph 8.15 of this Agreement
4.4.2 Payments. County agrees to reimburse Contractor after receipt of properly completed invoice. County will reimburse
for actual allowable costs incurred in consideration for services performed. Contractor will maintain supporting
documentation of expenses as specified in Articles 11 and 13. Payments shall be in arrears after receipt of properly
completed invoice approved by the COTR. COTR approved payments will be made within 30 days after receipt of
properly completed invoice unless otherwise stated in this Agreement.
4.4.3 Full Compensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full
and complete compensation to Contractor for the invoice pursuant to Exhibit C and Exhibit A. This Agreement
constitutes the entire Agreement between Contractor and County. Contractor shall be entitled only to
reimbursement for allowable costs associated with services pursuant to Exhibit A.
4.4.4 Final Fiscal Year End Settlements. Contractor shall submit the final invoice for reimbursement for services
performed during the County fiscal year by the final fiscal year settlement date, which will be established by each
program This settlement date shall be no more than 45 calendar days from the end of the County fiscal year.
County may, in its sole discretion, choose to not process invoices for reimbursement for services performed during
that fiscal year after this date. The County fiscal year shall be defined as July 1, through June 30, unless otherwise
defined in this Agreement.
4.4.5 Final Ameement Settlement Date. Contractor shall submit the final invoice for reimbursement for services
performed during the final fiscal year of the contract by the final contract settlement date, which shall be no more
than 60 calendar days from the final date of the contract services. County may, in its sole discretion, choose to not
process invoices for reimbursement for services performed during the final fiscal year of the contract after the final
Agreement settlement date.
4.4.6 Interpretation of Claim Provisions. As used in this Section 4.4, the term "claim" refers to a claim filed pursuant to
San Diego County Code of Administrative Ordinances Article V-A, "Processing and Certification of Routine
Claims." The term "claim" as used in this Article 4.3 does not refer to a claim filed pursuant to San Diego County
Code of Administrative Ordinances, Article X, "Claims Against the County."
4.4.7 Severabilitv Limits. Severability pertains only to those Agreements that originate in one fiscal year and end in
another fiscal year. This Agreement is severable for and limited to the amounts in the attached budget. In no event
shall Contractor exceed the Severability Limits.
4.4.8 Partial Payment. If Contractor fails to perform specified services, provide specified products or perform services or
provide products timely and in accordance with specified requirements, Contractor shall be paid only the
reasonable cost for the services performed or products provided for the payment period as determined by the
COTR.
ARTICLE 5
AGREEMENT ADMINISTRATION
5.1 County's Agreement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer
("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County has
designated the individual identified on the signature page as the Contracting Officer's Technical Representative ("COTR")
5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's Agreement administrative
functions. The COTR is designated to receive and approve Contractor invoices for payment, audit and inspect
records, inspect Contractor services, and provide other technical guidance as required. The COTR is not authorized
to change any terms and conditions of this Agreement. Only the Contracting Officer, by issuing a properly
executed amendment to this Agreement, may make changes to the scope of work or total price.
5.1.2 Notwithstanding any provision of this Agreement to the contrary, County's COTR may make Administrative
Adjustments ("AA") to the Agreement, such as line item budget changes or adjustments to the service
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AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
requirements, which do not change the purpose or intent of the Performance Work Statement, the Terms and
Conditions, the Agreement period or the total Agreement price. Each AA shall be in writing and signed by COTR
and Contractor. All inquiries about such AA will be referred directly to the COTR.
5.2 Agreement Progress Meetin~ The COTR and other County personnel, as appropriate, will meet periodically with the
Contractor to review the Agreement performance. At these meetings the COTR will apprise the Contractor of how the County
views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The
Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor
considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding
issues. The minutes of these meetings will be reduced to writing and signed by the COTR and the Contractor. Should the
Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action will
be taken to resolve any areas of disagreement.
ARTICLE 6
CHANGES
6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the
general scope of thls Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the
week, etc.) and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time
required for, the performance of any part of the work under this Agreement, whether changed or not changed by an such order,
an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be
modified in writing accordingly
6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days fiom the date of receipt by the
Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such
action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the
cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the
Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any
adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled
"Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor fiom proceeding with this Agreement as
changed.
ARTICLE 7
TERMINATION
Termination For Default. Upon a Party's breach of this Agreement, the non-breaching Party shall have the right to terminate
this Agreement, in whole or part. In the event of Contractor's breach and prior to termination for default, County will send
Contractor written notice specifying the cause. The notice will give Contractor 10 days from the date the notice is issued to cure
the default or make progress satisfactory to County in curing the default, unless a different time is given in the notice. If County
determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or
property, County may terminate this Agreement immediately upon issuing oral or written notice to the Contractor without any
prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and
other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County. In the
event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be
liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The
prevailing market price shall be considered the fair repurchase price. Notwithstanding the above, Contractor shall not be
relieved of liability to County for damages sustained by County by virtue of any breach of this Agreement by Contractor,
and County may withhold any reimbursement to Contractor for the purpose of off-setting until such time as the exact
amount of damages due County from Contractor is determined.
7.1.1 If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason
that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties
shall, if this Agreement contains a clause providing for termination for convenience of the County, be the same as if
the notice of termination had been issued pursuant to such clause.
7.2 Damages For Delav. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence
as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete
said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost
to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had
the Agreement segments been completed by the time frame stipulated and any other damages suffered by County.
7.3 County Exemption From Liability. In the event there is a reduction of funds made available by County to Contractor under
this or subsequent Agreements, the County of San Diego and its Departments, officers and employees shall incur no
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AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or liabilities
arising directly or from such action.
Termination For Convenience. The County may, by written notice stating the extent and effective date, terminate this
Agreement for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for
performance until such termination:
7.4.1 The unit or pro rata price for any delivered and accepted portion of the work.
7.4.2 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as
approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation
hereunder shall in no event exceed the total price.
7.4.3 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.
Suspension Of Work. The Contracting Officer may order the Contractor, in writing, to suspend, delay, or intenupt all or
any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the
convenience of the Government.
Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in
addition to any other rights and remedies provided by law or under resulting order.
Full Cost Recovery Of Investigation And Audit Costs. Contractor shall reimburse County of San Diego for all direct and
indirect expenditures incurred in conducting an auditlinvestigation when Contractor is found in violation (material breach)
of the terms of the Agreement. Reimbursement for such costs shall be withheld from any amounts due to Contractor
pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor from County.
ARTICLE 8
COMPLIANCE WITH LAWS AND REGULATIONS
Conformance With Rules And Regulations. Contractor shall be in conformity with all applicable Federal, State, County,
and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing andlor
certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall
further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health
and sanitation.
Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be
obtained and maintained, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of
documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and
regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to
reasonably request and review all such applications, permits, and licenses prior to the commencement of any services
hereunder.
Eaual Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will
not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of
employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of
employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race,
color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.
Affitive Action. Each Contractor of services and supplies employing fifteen (15) or more 111-time permanent
employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at
Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of
this Affmtive Action Program will be timished upon request by COTR or from the County of San Diego Internet web-
site (www.co.san-dieg0.ca.u~).
Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group
identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and
marital status in accordance with Title IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000-d), the Age Discrimination of 1975 (42 U.S.C. 6101), Article 9.5, Chapter 1, Part 1, Division 2, Title 2
(Section 11 135, et seq) of the California Government Code, Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the
CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.
AIDS Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less
disadvantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or
supported service or program on the grounds that such person has Acquired Immune deficiency Syndrome, AIDS-related
complex (ARC), or AIDS-related status (ARS), as those terms are defined in Chapter 1, Section 32.1203, San Diego
County Code of Regulatory Ordinances.
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FOR SENIOR NUTRITION PROGRAM
8.7 American With Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in
employment, public services, transportation, public accommodations and telecommunications services in compliance with
the Americans with Disabilities Act (ADA) and California Administrative Code Title 24.
8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for
any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or
allow its name to be utilized in any endorsement of any candidate for elected office. Neither the Agreement nor any funds
provided thereunder shall be utilized in support of any partisan political activities, or activities for or against the election of
a candidate for an elected office.
8.9 Lobbying. Contractor agrees to comply with the lobbying ordinances of the County and to assure that its officers and
employees comply before any appearance before the County Board of Supervisors. None of the funds provided under this
Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before
State and Federal Legislatures or the Board of Supervisors of the County.
8.10 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec-
tion with the performance of this Agreement.
8.1 1 Drug and Alcohol-Free Workplace. The County of San Diego, in recognition of individual fights to work in a safe,
healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San
Diego Drug and Alcohol Use Policy C-25. This policy provides that all County-employed Contractors and Contractor
employees shall assist in meeting this requirement.
8.1 1.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees,
while performing service for the County, on County property, or while using County equipment:
8.11.1.1 Shall not be in any way impaired because of being under the duence of alcohol or a drug.
8.11.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of
an illegal drug.
8.1 1.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the foregoing
restriction shall not be applicable to a Contractor or Contractor employee who as part of the perfonnance
of normal job duties and responsibilities prescribes or administers medically prescribed drugs.
8.1 1.2 Contractor shall inform all employees who are performing service for the County on County property or using
County equipment of the County objective of a safe, healthful and productive work place and the prohibition of
drug or alcohol use or impairment from same while performing such service for the County.
8.1 1.3 The County may terminate for default or breach this Agreement, and any other Agreement the Contractor has with
the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in
compliance with the conditions listed herein.
8.12 Board of Su~ervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the
following policies of the Board of Supervisors:
8.12.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials,
reusable products, and products designed to be recycled to the County in response to the County's requirements;
and
8.12.2 Board Policies B-53 and B-39% which encourage the participation of small and disabled veterans' business
enterprises in County procurements; and
8.12.3 Zero Tolerance For Fraudulent Conduct In Countv Services. Contractor shall comply with County of San Diego
Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be
"Zero Tolerance" for hud committed by Contractors in the administration of County programs and the provision
of County services. Upon proven instances of fraud committed by independent Contractors in connection with
their performance under the Agreement, said Agreement shall be terminated; and.
8.12.4 Farnilv-Centered Practice. Board Of Supervisors Policv E-13. Contractor shall comply with County of San Diego
Board of Supervisors Policy E-13, "Family-Centered Practice." Family-centered practice addresses the needs of
the whole family and is intended to promote and support community and family involvement to ensure safe and
healthy environments for children; and
8.12.5 Interlocking Directorate. In recognition of County Policy A-79, not-for-profit Contractors shall not subcontract
with related for-profit subcontractors for which an interlocking relationship exist unless specifically authorized in
writing by the Board of Supervisors; and
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
8.12.6 Zero Tolerance In Coaching Medi-Cal Or Welfare Clients (Including Undocumented ImrnirrrantsL The County of
San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal system by
foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance policy and
shall aggressively prosecute employees and Contractors who coach Medi-Cal or Welfare clients (including un-
documented immigrants), to obtain services for which they are not otherwise entitled.
As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees, while
performing service for the County, on County property or while using County equipment shall not:
(a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are
undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not
otherwise entitled.
(b) support or provide funds to any organization engaged directly or indirectly in advising undocumented
immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled.
Contractor shall inform all employees that are performing service for the County on County property or using
County equipment of County's Zero Tolerance Policy as referenced herein.
County may terminate for default or breach this Agreement and any other Agreement Contractor has with County,
if Contractor or Contractor employees are determined not to be in compliance with the conditions stated herein.
8.13 Cartwrieht Act. Following receipt of final payment under the Agreement, Contractor assigns to the County all rights, title
and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright act (Chapter 1) (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions
Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County under this
Agreement.
8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and
requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not
store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the
applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions
necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure to
Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the
appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be
reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the
County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the term
"Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or
court decisions (including the so-called "common law"), including, but not limited to, the Resource Conservation and
Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental
conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any
chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear
medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether
injurious or potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in
or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any
Environmental Laws, or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the
County or Lessee with respect to any third person under any Environmental Laws.
8.15 Debarment And Suspension. As a sub-grantee of federal funds under this Agreement, Contractor certifies that it, its
principals, its employees and its subcontractors:
8.15.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal Department or agency.
8.15.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgement rendered
against them for the commission of hud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
8.15.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in the paragraph above; and
8.15.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (Federal, State, or
local) terminated for cause or default.
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
ARTICLE 9
CONFLICTS OF INTEREST: CONTRACTOR'S CONDUCT
9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent
Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this Agreement. The Contractor shall not employ any person
having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform
any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except
upon the written approval of County which shall not be unreasonably withheld. Without such written approval,
performance of services under this Agreement by associates or employees of County shall not relieve Contractor from any
responsibility under this Agreement.
9.2 Conduct of Contractor: Privileged Information.
9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor
believes to be incompatible with any interests of the County related to the performance of this Agreement.
9.2.2 The Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the
recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with
whom the Contractor is doing business or proposing to do business, in accomplishing the work under this
Agreement.
9.2.3 Contractor shall not use for personal gain or make other improper use of privileged information, which is acquired
in connection with his employment. In this connection, the term "privileged information" includes, but is not
limited to, unpublished information relating to technological and scientific development; medical, personnel, or
security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of
selections of Contractors or subcontractors in advance of official announcement.
9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or
other items of monetary value to an employee or official of the County.
9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process
shall be made to the private practice of any person(s) employed by the Contractor.
9.3 Prohibited Agreements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that
it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the
following:
9.3.1. Persons employed by County or of public agencies for which the Board of Supervisors is the governing body.
9.3.2 Profit-making firms or businesses in which employees described in sub-section 9.3.1, above, serve as officers,
principals, partners, or major shareholders;
9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub-
sections and who (1) were employed in positions of substantial responsibility in the area of service to be performed
by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and
9.3.4 Profit-making firms or businesses in which the former employees described in sub-section 9.3.3 above, serve as
ofiicers, principals, partners, or major shareholders.
9.4 Limitation Of Future Ameements Or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted
in its future Contracting with the County to the manner described below. Except as specifically provided in this clause,
Contractor shall be fiee to compete for business on an equal basis with other companies.
9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is
required to develop specifications or statements of work and such specifications or statements of work are to be
incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation
as a prime or subcontractor under an ensuing County Agreement. It is further agreed, however, that County will
not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under
this Agreement.
9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Performance
Work Statement.
ARTICLE 10
INDEMNITY AND INSURANCE
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
10.1 Indemnitv. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents
of County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fines,
mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character,
including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to this Agreement and
arising either directly or indirectly from any act, error, omission or negligence of Contractor or its Contractors, licensees,
agents, servants or employees, including, without limitation, Claims caused by the concurrent negligent act, error or
omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or
indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused
by the sole negligence or willful misconduct of County Parties.
10.2 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and
effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," "Insurance
Requirements," attached hereto.
ARTICLE 11
AUDIT AND INSPECTION OF RECORDS
The County shall have the audit and inspection rights described in this section.
11.1 Audit And Inspection. Contractor agrees to maintain andlor make available within San Diego County accurate books
accounting records relative to all its activities under this Agreement. Upon reasonable notice to Contractor, authorized
Federal, State or County representatives shall have the right to monitor, assess, or evaluate Contractor's performance
pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of
premises, reports, and interviews of project staff and participants.
At any reasonable time during normal business hours, but not more than two times during the contract year,, Contractor
shall make available to County, State or Federal officials for examination all of its records with respect to all matters cover-
ed by this Agreement and will permit, at its own expense, County, State or Federal officials to audit, examine and make
excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel,
information regarding clients receiving services, and other data relating to all matters covered by this Agreement. . If an
audit is conducted, it will be done in accordance with generally accepted government auditing standards as described in
"Government Auditing Standards," published for the United States General Accounting Office.
If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement,
County shall have the right to require the Contractor to perform the services in conformity with said specifications and
requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature
that the difference cannot be corrected, County shall have the right to (1) require Contractor immediately to take all
necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2)
reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform
the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specif-
ications and requirements of the Agreement, County shall have the right to either (1) by Agreement or to otherwise have
the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to
County that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided
in the Termination clause.
1.2 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or
any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or
market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the
Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all
books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such
Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or
pricing data submitted.
1 1.3 Availabilitv. The materials described above shall be made available at the office of the Contractor, at all reasonable times,
pursuant to Section 1 1.1 for inspection, audit or reproduction, until the expiration of three (3) years from the date of final
payment under this Agreement, or by section 1 1.3.1 and 1 1.3.2, below:
1 1.3.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made
available for a period of three (3) years from the date of any resulting final settlement.
11.3.2 Record which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of
claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or
claims have been disposed of, or three years after Agreement completion, whichever is longer.
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
11.4 Subcontract. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontract
hereunder except altered as necessary for proper identification of the Contracting parties and the Contracting officer under
the County's prime Agreement.
ARTICLE 12
INSPECTION OF SERVICE
12.1 Subiect to Inspection. All performance (including services, materials, supplies and equipment furnished or utilized in the
performance of this Agreement, and workmanship in the performance of services) shall be subject to reasonable inspection
and test by the County at all reasonable times during the term of this Agreement. Contractor shall cooperate with any
inspector assigned by the County to permit the inspector to determine whether Contractor's performance conforms to the
requirements of this Agreement. County shall perform such inspection in a manner as not to unduly interfere with
Contractor's performance.
12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and
requirements of this Agreement, County may require Contractor to re-perform the services until they conform to said
specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor
correctly performs them. When the services to be performed are of such a nature that Contractor's cannot correct its
performance, the County shall have the right to (1) require the Contractor to immediately take all necessary steps to ensure
future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement price to
reflect the reduced value of the services received by County. In the event Contractor fails to promptly re-perform the
services or to take necessary steps to ensure that future performance of the service conforms to the specifications and
requirements of this Agreement, the County shall have the right to either (1) without terminating this Agreement, have the
services performed, by Agreement or otherwise, in conformance with the specifications of this Agreement, and charge
Contractor, andlor withhold fiom payments due to Contractor, any costs incurred by County that are directly related to the
performance of such services, or (2) terminate this Agreement for default.
ARTICLE 13
USE OF DOCUMENTS AND REPORTS
13.1 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this
Agreement which the County requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the County.
13.2 Ownership. Publication, Reproduction And Use Of Material. All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole
and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall
be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the
express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and otherwise
use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13.3 Confidentiality. County and Contractor agree to maintain confidentiality of any information regarding applicants, project
participants or their immediate families which may be obtained through application forms, interviews, tests, reports, fiom
public agencies or counselors or any other source. Without the written permission of the applicant or participant, such
information shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and then
only to persons having responsibilities under the Agreement, including those furnishing services to Project under
subcontract. County and Contractor agree that all information and records obtained in the course of providing services to
project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and
regulations adopted pursuant thereto. However, at County's request, Contractor shall permit County access to all records
and information regarding the project and confidentiality shall not be a bar to County's access to all records and
information.
13.4 Maintenance Of Records. Contractor shall maintain and keep available all records within the County of San Diego for a
minimum of three (3) years fiom the ending date of this Agreement unless County agrees in writing to an earlier
disposition.
13.5 Custodv Of Records. County, at its option, may take custody of Contractor's records related to this Agreement upon
Agreement termination or at such other time as County may deem reasonably necessary. County agrees that such custody
will conform to applicable confidentiality provisions of State and Federal law. Said records shall be kept by County in an
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COUNTY AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
accessible location within San Diego County and shall be available to Contractor for examination and inspection.
Contractor shall be entitled to a copy of all records taken by the County.
13.6 Audit Reauirement. At the option of the County, upon County request, Contractor shall engage a Licensed Certified Public
Accountant to conduct an annual audit of their agency's operations. Contractors that expend $500,000 or more of federal
grant funds per year shall have an audit conducted in compliance with Government Auditing Standards, which includes
Single Audit Act Amendments, Public Law 104-156, and OMB Circular A-133. Contractor shall include a clause in any
Agreement or agreement Contractor enters into with an audit firm to provide access by the County, State, Federal
Government to the working papers of the independent auditor who prepare the audit for Contractor. Contractor shall
submit two (2) copies of the annual report and the management letter to the County no later than fifteen (15) days after
receipt from the independent Certified Public Accountant.
13.7 Re~orts. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COTR
and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely
submission of these reports is a necessary and material term and condition of this Agreement, and Contractor agrees that
failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within
thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by
Contractor.
13.8 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed
to show the effectiveness andlor efficiency of Contractor services or to provide information about Contractor's project.
ARTICLE 14
(RESERVED)
ARTICLE 15
DISPUTES
Notwithstanding any provision of this Agreement to the contrary, the Contracting Oficer shall decide any dispute concerning a
question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time.
The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed
diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall
be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide
questions of law.
ARTICLE 16
GENERAL PROVISIONS
16.1 Assienment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written consent of the County; County's
consent shall not be unreasonably withheld.. The Contractor shall make no Agreement with any party for furnishing any of
the work or services herein contained without the prior written consent of the COTR, pursuant to Paragraph 1.4.
16.2 Contingency. This Agreement shall bind the County only following its approval by the Board of Supervisors or when
signed by the Purchasing and Contracting Director.
16.3 Entire Ameement. This Agreement, together with all Sections attached hereto and other agreements expressly referred to
herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or
contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any
proposals from Contractor and requests for proposals from County, are superseded.
16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference.
16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and
instruments as may be reasonably required in order to cany out the provisions of this Agreement and the intentions of the
parties.
16.6 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the
State of California.
16.7 Headings. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of
reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision
hereof.
16.8 Modification Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver, amendment
or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties.
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AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this
Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the
drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be
ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the
other.
16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no
representations, statements, warranties or agreements other than those expressed herein.
16.1 1 Notices. Notice to either party shall be in writing and either personally delivered or sent by certified mail, postage prepaid,
return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be
deemed received on the date of personal delivery to the party (or such party's authorized representative) or three (3)
business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative identified on
the signature page..
16.12 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise
unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected
thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
16.14 Time. Time is of the essence of each provision of this Agreement.
16.15 Time Period Comutation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state
or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any
act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or notice may be
timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national holiday.
16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this
Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay
by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision,
covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the
same or any similar breach or failure.
16.17 Third Pam Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor.
Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever
regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is
specifically prohibited.
16.1 8 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and
materials distributed to the community shall identify the County of San Diego as the funding source for Contracted
programs identified in this Agreement. Copies of publicity materials related to Contracted programs identified in this
Agreement shall be filed with the COTR. County shall be advised at least 24 hours in advance of all locally generated
press releases and media events regarding Contracted services identified in this Agreement.
16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical
incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality,
fiaud, unethical conduct, or instances of staff or client drug andfor alcohol use at the program. Contractor shall report all
such incidents to the COTR within one work day of their occurrence.
16.20 Responsiveness To Community Concerns. Contractor shall notify County within 48 hours of receipt of any complaints,
submitted to Contractor verbally or in writing, regarding the operation of Contractor's program or facility. Contractor shall
take appropriate steps to acknowledge receipt of said complaint(s) from individuals or organizations. Contractor shall take
appropriate steps to utilize appropriate forums to address or resolve any such complaints received. Nothing in this
provision shall be interpreted to preclude Contractor from engaging in any legally authorized use of its facility, property or
business as approved, permitted or licensed by the applicable authority.
16.21 Health Insurance. Contractor shall ask any client who is a parent or guardian of any minor(s), if all the minors for whom
they are responsible have health insurance coverage. If the response for any child is "no" the contractor shall provide the
client with County provided referral information.
1
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AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
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AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall be effective this 1" day of October 2006 ("Effective Date") and end on June 30,
2007 ("Initial Term") for a total Agreement period of nine months.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one year each for a total of four (4) years
beyond the expiration of the Initial Term, not to exceed June 30, 201 1, pursuant to Exhibit C Pricing Schedule. Unless County
notifies Contractor in writing, not less than 30 days prior to the expiration date that they do not intend to renew the Agreement.
Each extension of the Agreement shall be a written Amendment and signed by both parties..
Option To Extend For One To Six Additional Months At End Of Agreement. County shall also have the option to extend
the term of thls Agreement in one or more increments for a total of no less than one (1) and no more than six (6) calendar
months at the discretion of the County Purchasing and Contracting Director. Each extension shall be affected by written
Amendment and signed by both parties and delivered to Contractor no less than fifteen (15) calendar days prior to
expiration of any Agreement term.
The rates set forth in Article 4, Exhibit C, or other pricing section of this Agreement shall apply to any option exercised
pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in this Agreement
or by Agreement amendment. All payments are subject to "Availability of Funds." If funds are not available this
Agreement shall be immediately terminated.
COMPENSATION: Pursuant to Exhibit C, County agrees to pay Contractor a sum not to exceed One Hundred Sixteen
Thousand Four Hundred Ninety dollars ($1 16,490) for the initial term of this Agreement and One Hundred Forty-Eight
Thousand One Hundred Ninety-Four dollars ($148,194) for each of the four (4) one year option periods, for a maximum
Agreement amount of Seven Hundred Nine Thousand Two Hundred Sixty-Six dollars ($709,266), in accordance with the
method of payment stipulated in Article 4.
COTR. The County has designated the following individual as the Contracting Officer's Technical Representative ("COTR")
Michael Strawn, Contract Administrator
HHSA, Aging & Independence Services
9335 Hazard Way
San Diego, CA 92 123
Phone: (858) 505-6955, FAX: (858) 694-23 16, e-mail: rnichael.strawn@sdcounty.ca.gov
CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's
Representative.
Gail Lynn, Recreation Area Manager
City of Carlsbad
799 Pine Avenue
Carlsbad, CA 92008
Phone: (760) 602-4682; Fax: (760) 434-4206; e-mail: glynn@ci.carlsbad.ca.us
IN WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date first set forth above
By:
WINSTON F. McCOLL, Director,
Department of purclysing and Contracting
Date: q3,bd
ITY OF CARLSBAD
RAY PATCHETT, City Manager
Date: 4-J /- 0
AND LEGALITY
BY: a: 9,Me.
eputy City Attorney
Nutr Revise (Carlsbad) Pro Fom (FY 06-1 l).doc Agreement - Page 15 of 15 Rev 8/17/06
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
1. Scope of Work
The Senior Nutrition Program provides nutritionally sound meals and social services throughout San
Diego County to individuals 60 years old and older in two settings, congregate (group setting) at Senior
Dining Centers, and home delivered to frail seniors. Transportation is provided or arranged to and from
Senior Dining Centers. There is no charge to the senior for these services; they are available for a
donation. Nutrition services assist older individuals to live independently by promoting better health and
reduced isolation through a program of coordinated congregate meal, home-delivered meal, and supportive
services. Providers give priority to serving persons with the greatest economic or social needs, in particular
low-income minority individuals.
2. Background
The Senior Nutrition Program is funded through Title I11 of the Older Americans Act, www.aoa.uov1, a
federal program administered by state and county governments and operated under rules, policies and
regulations of the California Department of Aging (CDA). This program began in the County of San
Diego, Aging & Independence Services (AIS), in 1975 and has increased to 25 current contractors
providing noon meals for seniors at 68 sites. Breakfasts are also provided at some sites. Most contractors
also provide home-delivered meals.
Older individuals will be able to live independently because of better health and reduced isolation as a
result of the Senior Nutrition Program, a program of coordinated congregate meals, home-delivered meals,
and supportive services.
4. Deliverables
4.1 Contractor shall provide a maximum of 15,838 meals annually; to seniors in a congregate setting at
least five days per week (see Title 22, paragraph 7636.1 in the following link
http://www.agin~.state.ca.us/aaa business/resource materials & guidesfnutrition mide.htm1). The
number of meals will be based upon historical actuals, not to exceed 15,838 annually, without prior
County approval.
4.1.1 Each meal shall contain at least 113 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services
www.health.gov/dietaryguidelines/dg;a2005/docurnent.
4.2 Contractor shall provide a maximum of 7,114 home-delivered meals annually, to seniors at least
five days per week (see Title 22 link).
4.2.1 Each meal shall contain at least 1/3 of the current daily recommended dietary allowance as
established by the Food and Nutrition Board, National Academy of Sciences and shall comply
with the 2005 Dietary Guidelines for Americans established by the US Department of
Agriculture and the US Department of Health and Human Services,
www.health.govldie~g~idelines/dga2005/document.
4.3 Contractor shall provide approved units of Nutrition Education at a minimum of four times
annually, to participants in each congregate and home-delivered meal program.
4.4 Contractor shall provide 5,527 units of transportation annually, to and from Senior Dining Centers
counted as one-way trips.
4.5 Contractor shall establish a plan to serve older individuals with the greatest economic and social
need. The Older Americans Act defines older individuals in the greatest economic need as any
Exhibit A-Performance Work Statement (revised 8/17/06) Page 1 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
person 60 years or older whose need results from an income level at or below the poverty line as
defined by the Federal Bureau of the Census and greatest social need as physical and mental
disabilities, language barriers, and cultural, social, or geographical isolation, including isolation
caused by racial or ethnic status, that restricts the ability of an individual to perform normal daily
tasks; or threatens the capacity of the individual to live independently. Plan shall be submitted to
County no later than 30 days after award of contract.
4.6 Geographic Service Area: HHSA North Coastal Region
4.6.1 Progradservice: Congregate; Home Delivered; Transportation
4.6.2 Zip Codes Served: 92008 - 9201 1 (Carlsbad)
4.6.3 Dining Site Locations, days of service, hours of service and type (s) of meal served (breakfast,
lunch or dinner)
4.6.3.1 Dining Site Location: Carlsbad Senior Center, 799 Pine Ave, Carlsbad, CA 92008,
Dining Room open from Monday - Friday 8am - 1 pm. Lunch is served Monday -
Friday from Noon - 1 pm.
4.7 Contract Period: This contract will be for the period beginning July 1, 2006, and ending June 30,
2007, with four one-year options through June 30, 201 1. Each fiscal year subject to renegotiation
and subject to the availability of continued funding and favorable evaluations of contracted services.
If funds are not available, Contractor shall not be obligated to perform and this Agreement shall be
terminated.
5 Pavment for Services
5.1 Contractor will be paid a rate pursuant to Exhibit C, based upon the units of service delivered, and
availability of funds, as further described in 4.7 above.
5.2 Contractor shall submit a monthly claim for the actual previous month's deliverables (including data
pursuant to paragraph 7.3 below) to the COTR by the 15' of the following month. Payment shall be
NET 30 days from receipt and approval of invoice unless otherwise stated.
6 General Reauirements for Service Delivery
6.1 Services shall be based upon Title 22 California Code of Regulations, Division 1.8, California
Department of Aging, Article 6, Title III-C "Elderly Nutrition Program"
requirements,@~ttI,://www.aaing.state.ca.uda business/resource materials & rmides/nutrition rm
ide.htrnl); the California Uniform Retail Food Facilities Law (CURFFL), www.co.el-dorado.ca.us;
and the Occupational Safety and Health Administration (OSHA), www.osha.aov/. A valid Health
Permit from the County of San Diego, Department of Environmental Health for all food production
sites and contracted caterers is also required.
6.2 Eligible Contractor: Contractor may be public or private agencies. Private agencies must be an
incorporated entity, either for-profit or non-profit.
6.3 The facilities in which the meals will be served shall be accessible via public transportation, if
available, and shall comply with the requirements of the Americans with Disabilities Act (ADA),
http://www.ada.aov and Title 24 of the California Code of Regulation
http:Nwww.energv.ca.gov/title24/index.h. All facilities are subject to inspection and approval
prior to award of contract.
6.4 Funding Components: Nutrition Program services are hded by the following four components:
6.4.1 CDA Title 111 Allocation
6.4.2 NSIP funds that are based on Contractors previous year meal count.
Exhibit A-Performance Work Statement (revised 811 7/06) Page 2 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
6.4.3 Contractor's program income, which is participant's donations/contributions and guest
fees.
6.4.4 Contractor's other revenue (fundraising).
Said compensation is not designed to fully fund the program. The fixed supplement rates are
determined to offset the cost of providing services based on and subject to availability of funds from
the State of California, California Department of Aging (CDA).
6.5 Performance Expectations: One hundred percent compliance with service levels stated in the
Statement of Work is expected. Contractors who fall below ninety-five percent of the contracted
levels are required to submit a Corrective Action Plan. Service levels to be reviewed monthly,
quarterly, and annually. Failure to bring service levels up to the contracted levels can result in re-
negotiation of the contracted service levels or termination of the contract. The budget level will be
revised to be commensurate with the lower level of service(s).
6.6 Reference to AIS: All printed materials, publicity, and media outreach prepared or conducted by the
contractor will include a reference to Aging & Independence Services as a funding source. Copies
of publicity materials related to contracted programs identzjled in this contract shall be filed with
Aging & Independence Services Contract Operations.
6.7 Press and Media: Aging & Independence Services shall be advised at least 24 hours in advance of
all locally generated press releases and media events regarding contracted services identified in this
contract.
6.8 Equipment Documentation: Contractor shall document, in writing, the need for purchasing
equipment. Written documentation must demonstrate a direct relationship between the goals,
objectives and specific requirements for service delivery and the equipment to be purchased. In the
case of automation equipment, the contractor must demonstrate that the equipment and related
software to be purchased will meet County of San Diegomealth and Human Services
AgencyIAging & Independence Services requirements and standards.
6.9 Match: Contractor is required to provide at least a 15% match for program costs in cash or in-kind
income.
6.10 Cultural Competence and Diversity: Contractor shall support the County of San Diego, the Health
and Human Services, and Aging & Independence Services through organizational and systematic
practices demonstrating cultural competence and diversity. A set of congruent behaviors, attitudes
and policies for programs, programs, and systems shall be adopted that enable people to work
effectively in cross-cultural situations. All services provided shall be oriented to meet the unique
linguistic and cultural needs of the diverse clients to be served.
6.1 1 Critical IncidentsNiolence: Contractor shall assure that employees have written plans or protocols
and receive training for handling critical incidents involving the instances of violence or threat of
violence directed toward staff or clients, breach of confidentiality, fraud, unethical conduct, or
instances of staff or client drug and/or alcohol use at the program. Contractor shall report all such
incidents to Aging & Independence Services Contract Operations within one workday of their
occurrence.
7 S~ecific Reauirements for Service Deliverv
7.1 There are three major program components: food service, support services, and the advisory role of
participants:
7.1.1 Food Service: Includes the provision of a hot or other appropriate meal, served five
(Monday through Friday) or more days a week in a congregate setting. Meals to the
homebound must be made available every day of the year although frozen weekend or
Exhibit A-Performance Work Statement (revised 8/17/06) Page 3 of 5
Othe
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
holiday meals may be delivered during the week (see Title 22 link). Meals must be
prepared, served and delivered in a manner, which complies with local public health laws
and regulations.
7.1.2 Services: Each program must have outreach activities to ensure participation of eligible
older persons, particularly those in greatest economic or social need; must develop or
maintain coordination with other social services agencies; and plan for and provide nutrition
education services.
7.1.3 Advisory Role of Participants: Programs shall have procedures for obtaining the views of
participants about the services they receive. This will be implemented by the establishment
of a Program Council or other advisory body of participants approved by Aging &
Independence Services.
:r program components include:
StaffingIAdministration: It is expected that the program will have an adequate number of qualified
persons to assure the satisfactory implementation of: program leadership; program planning;
provision of nutrition services; outreach and other services; volunteer activities; financial and
contract management; and data collection for required federal, state and county reports and records.
Notification of program changes must be made to the County within 72 hours when said changes
will affect the delivery of services to the participants. Example of such situations may be staff
changes, site closures (temporary or permanent) and vehicle incidents.
Confidentiality: The nutrition services provider shall ensure that no information about, or obtained
from, an individual shall be disclosed in any form identifiable with the individual without the
individual's written informed consent. Records must be maintained in such a manner that
confidentiality will not be violated. Persons may not be denied services if they refuse to provide
written informed consent.
Meal Contributions by Eligible Participants: Eligible persons receiving nutrition services shall be
given the opportunity to contribute to the costs of the service provided and shall determine for
themselves what they are able to contribute. No person shall be denied participation because of
failure to contribute. Methods to receive contributions shall ensure anonymity. The provider shall
encourage participants to contribute towards the cost of the meal and shall suggest a minimum
amount. The minimum suggested donation shall be developed with input from the program council.
A suggested contribution schedule may be developed, considering the income ranges of older
persons in the community. Contribution schedules shall not be used as a "means" test to determine
eligibility.
Meal Charges for Staff and Guest under 60: Meals may be served to staff and guests less than 60
years of age if doing so will not deprive an older person of a meal. These individuals shall pay at
least the full cost of the meal. Contributions and charges for meals are considered program income
and shall be used to increase the number of meals served.
Records, Reports and Distribution Information: Each nutrition program shall maintain a system for
the collection of data that will accurately reflect the program's program and financial operations,
will meet requirements with respect to confidentiality, and fulfill the information required by this
contract.
Holidays: A maximum of twelve (12) recognized holiday closings will be allowed per year. These
holidays must be submitted in advance to the COTR at the beginning of each fiscal year.
Exceptions will be handled on a case-by-case basis.
Data Collection & Reporting:
7.8.1 Contractor shall utilize the AIS-identified Automated Data Collection System to:
Exhibit A-Performance Work Statement (revised 8/17/06) Page 4 of 5
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT A - PERFORMANCE WORK STATEMENT
7.8.1.1 Register and maintain all client demographic and assessment data for all active
clients within each fiscal year,
7.8.1.2 Track and report all service unit delivery data (via bar-coding and manual data
entry) within each fiscal year, and
7.8.1.3 If contractor received federal Housing & Urban Development (HUD) funding via
the City of San Diego, contractor shall provide all relevant data.
7.8.2 Contractor shall maintain and report accurate, daily meal counts, nutrition education and
transportation units by utilizing the County-identified Automated Data Collection System.
7.8.3 Contractor shall send monthly summary report of above information and claim to AIS
Contract Operations by 15" of following month. Claim will be paid upon successful
determination of reconciled data as mentioned in paragraphs 7.8.1 and 7.8.2 above.
7.9 Customer Satisfaction Survey: Contractor shall allow AIS or AIS-contracted representative to
conduct a Customer Satisfaction Survey and compile the data.
7.10 Contractor will achieve an overall "very satisfied" or "somewhat satisfied" rating by at least 90% of
clients at each Customer Satisfaction Survey cycle. Contractor will incrementally improve at each
survey to achieve this rating.
8 Disentanglement
8.1 Contractor shall accomplish a complete transition of the services being terminated from Contractor to
County, or to any provider designated by County, without interruption of or adverse impact on the
services. Contractor shall cooperate with the County or Contractor's obligation to provide the services
shall not cease until Disentanglement is satisfactory to County.
End of Performance Work Statement
Exhibit A-Performance Work Statement (revised 8/17/06) Page 5 of 5
COUNTY OF SAN DIEGO REQUEST FOR STATEMENTS OF QUALIFICATIONS (RFSQ) 883
(THIS IS NOT AN ORDER)
MAIL OR DELIVER YOUR SOQ TO:
IC+C\L~,T n- \
County of San Diego, Purchasing and Contracting 63 ~TL A c~.-c) n.5
5555 Overland Avenue, Building 1 1, Suite 1 1 11, Mail Stop 032 YP Q 77 r) A
San Diego, CA 92123 k -
FOR INFORMATION, PLEASE CALL Statements of Qualifications (SOQ) shall be received at above
EVE BABCOCK, PC0 (858) 694-5209; address prior to 500 PM LOCAL TIME, February 7,2006
FAX: (858) 694-358 1 or E-MAIL ADDRESS:
Eve.Babcock@sdcounty.ca.gov
SUBMIT STATEMENTS OF QUALIFICATIONS (SOQ) IN A SEALED ENVELOPES OR PACKAGE
MARKED ON TKE OUTSIDE WITH "RF'SQ 883, THE DUE DATE, AND OFFEROR'S NAME
ADDRESS.
SENIOR NUTRITION PROGRAM
The County of San Diego, Aging and Independence Services is requesting Statements of Qualifications (SOQ) from those
organizations or individuals eligible and qualified to provide a Senior Nutrition Program. The Senior Nutrition Program
provides nutritionally sound meals and social services throughout San Diego County to individuals 60 years old and older
in two settings, congregate (group setting) at Senior Dining Centers, and home delivered to frail seniors. Transportation is
provided or arranged to and from Senior Dining Centers. There is no charge to the senior for these services; they are
available for a donation. Nutrition services assist older individuals to live independently by promoting better health and
reduced isolation through a program of coordinated congregate meal, homedelivered meal, and supportive services.
Providers give priority to serving persons with the greatest economic or social needs, in particular low-income minority
individuals.
SERVICES
Indicate with an X each service your program(s) will provide:
[d Congregate Meals k] Home-Delivered Meals 8 ] Transportation
REGION
Indicate with an X each region in.which your program(s) will provide sei-vices:
?. - [ ] North Central [ ] North Inland [q North Coastal [ ] Central [ ] South [ 1 East . .
TYPE OR USE BLACK I2VK TO COMPLETE THE OFFEROR RVFORM4TION BELO W
OFFEROR INFORMATION: I AUTHORIZATION FOR OFFER (Must be signed):
FirrnNarne: City of Carlsbad I
Street: 799 Pine Avenue
~ity/~tate/~ip: Car lsbad , CA 9 2 0 0 8
I
IBy: -ZI;I
I
dL&
Signature Offer
Date 2-14-06 a
PhoneNo:(790-602-4650 FaxNo:(f@-434- 1PrintedName:p -
E-Mail Address: . . . . . 4206
Contact Person: FWne: Gail Lynn
(If other than above) Title: Recreation Area Manager
Phone No: ( ) 760-602-4682
E-Mail Address: glynn@ci. carlsbad. ca .us 1
-- -
SUBMIT THIS COMPLETED FORM AS THE COVER PAGE OF THE SOQ
PC 600 FORM (883)
COUNTY OF SAN DIEGO REPRESENTATIONS AND CERTIFICATIONS
me following representations and certifications are to be 4 CERTIFICATE OF CURRENT COST OR PRICING
completed, signed and returned with bid or proposal. "This is to certify that, to the best of my knowledge and
1 NOT-FOR-PROFlT ORGANIZATIONS, attach proof belief, cost and/or pricing data submitted with this bid or
of status and omit Paragraph 2. proposal, or specifically identified by reference if actual
2 BUSINESS REPRESENTATION
2.1 DJEFWITION OF A DISABLED VETERANS BUSINESS
ENTERPRISE
"Disabled Veterans Business Enterprise" means a business which is at
least fifty-one (51 %) owned and operated by one or more veterans with a
service related disability as certified by Equal Opportunity Management
Office (EOMO), California Department of General Services, Office of
Small Business and members of Joint Agencies Cowacting Opportunities
(JACO), (California Military and Veterans code, Article 6, Section 999).
2.2 REPRESENTATION AS DISABLED VETERANS
OWNED BUSINESS:
(Mark all applicable blanks). ,This offeror represents as
a part of this offer that the ownership, operation and
control of the business, in accordance with the specific
definition in 1.1.
I am currently certified by (Government. Agency)
Certification #:
3 CERTIFICATE REGARDING DEPARMENT,
SUSPENSION AND RELATED MATTERS
(Bidder) (Proposer) hereby certifies to the best of its knowledge
that it or any of its officers:
3.1 Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded fiom
covered transactions by any Federal department or agency; and
3.2 Have not within a three (3) year period preceding this
agreement been convicted of or had a civil, judgement rendered
against them for commission of fraud or criminal offense in
connection with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bn'bery, falsification
or destruction of records, making false statements, or receiving
stolen property; and
3.3 Are not presently indicted for or otherwise criminaUy or
civilly charged by a government entity (Federal, State, or local)
with the commission of any of the offenses enumerated in
paragraph 3.2 of this certification; and
3.4 Have not within a three (3) year period preceding this
agreement had one or more public transactions (Federal, State or
local) temnhnted for cause or default. '
SUBMIT THIS FORM AS DIRECTED IN THE
REQUEST FOR BlDS OR PROPOSALS
Rurhaaing and Contracting RepresenWbm snd Certifications Form
(P&CREP&CBRTSpRM) (June 19,2000) 2
submission of the data is impracticable, islare accurate,
complete, and current as of (date) 7 - I 4 - 0 6 I#
5 CERTIFICATE OF INDEPENDENT PRICING
5.1 By submission of this bid or proposal, each offeror
certifies, and in the case of a joint offers, each party thereto
certifies as to its own organization, that in relation to this
procurement:
5.2 The prices in this bid or proposal have been arrived at
independently, without consultation, communication, or
agreement, for the purpose of restricting competition, as to
any matter relating to such prices with other bidder or
offeror; with any competitor; or with any County
employee(s) or wnsultant(s) involved in this or related
procurements: and
5.3 Unless otherwise required by law, the prices which
have been quoted in this bid or proposal have not been
knowingly disclosed by the bidder or offeror and will not
knowingly be disclosed by the bidder or offeror prior to
opening, in the case of a bid, or prior to award, in the case
of a proposal, directly or indirectly to any other bidder or
offeror or to any competitor; and
5.4 No attempt has been made or will be made by the
bidder or proposal to induce any other person or firm to
submit or not to submit a bid or proposal for the purpose of
restricting competition.
6 TAX IDENTIF'ICATION NUMBER
(Corporations) Federal Tax I.D. # ,
CERTIFICATION:
The information furnished in Paragraph 1 through 6 is
certified to be factual and correct as of the date submitted.
NAME Gail J. Lynn
TITLE Recreation Area Manager
SIGNATURE
DATE 2-14-06
SUMBIT THIS REPRESENTATIONS AND CERTIFICATIONS FORM AS THE 2ND PAGE OF THE
SOQ
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Section
REQUEST FOR STATEMENT OF QUALIFICATIONS
County of San Diego. Senior Nutrition Program (RFSQ 883)
Offered by
City of Carlsbad. CA
Table of Contents
............................................................................... 1 Response Submittal Form 1
................................................................................................. 1.2.1 PC600Form 1
........................................................ 1.2.2 Representations and Certifications Form 2
................................... 1.2.2A Proof of Non-Profit Status - Articles of Incorporation 3
............................................................ 1.2.3 Pro Forma Agreement Signature Page 9
.................................................................. 1.2.4 HHSA Regional Zip Code Form 10
.................... 2 Experience, Proposed Organization, Management and Staffing 11
........................................................................................ 2.1 Offeror's Resume 11
..................................................... 2.2 Lawsuits, Litigation, Regulatory Actions 11
2.3 Breach or Non-Compliance, Failure to Complete Contract, or Early
............................................................................................... Termination 11
2.4 References (2.4.1-2.4.6) .............................................................................. 12
2.5 Government Contracts .................................................. ; .............................. 13
............................................................................ 2.6 Organization and Staffing 13
.......................................................................................... 2.6.1 Job Descriptions 13
.............................................................................................. 2.6.2 Staff Resumes 34
.................................................. 2.7 Collaborations, Linkages and Subcontracts 41
........................................................................................... 2.7.1 Sub-Contractm 41
................................................................... 2.7.2 Specitic Program Requirements 41
.................................................................... 2.7.3 Type of Contract or Agreement 41
3 Program Description
...................................................... 3.1 How Service and Hours Are Responsive 42
...................................................... 3.2 Identi@ How Services Will Be Provided 42
3.3 Target Populations ....................................................................................... 43
4 Financial Information .................................................................................. 45 ......................................................................................................... 4.1 Budget 46
...................................................................................... 4.1.1 Contractor's Match 54
4.2 Financial Statements
............................................................................... Statement of Net Assets 54
.............................................................................. Financial Status Reports 60
4.2.1 BalanceSheets ............................................................................................. 82
.............................................. 4.2.2 Income Statements - Statements of Activities 91
............................................................................ 4.2.3 Statements of Cash Flows 97
4.2.4 Auditor'sReports .................................................................................. 112
................................................................. 4.3 Financial Management Systems 117
......................................... 4.3.1 Service Budgeting, Expenditures and Reporting 117
.......................................... 4.3.2 Allocating Expenses for Multiple Cost Centers 117
............................................................... 4.3 -3 Maintaining Accounting Records 117
COUNTY OF SAN DIEGO
AGING & INDEPENDENCE SERVICES
REQUEST FOR STATEMENTS OF QUALIFICATIONS (RFSQ) 883
- SENIOR NUTRITION PROGRAM
DRAFT PRO FORMA AGREEMENT
SIGNATURE PAGE
AGREEMENT TERM. This contract shall be effective this 1" day of July, 2006 ("Effective Date") and end on June 30,
' 2007 ("Initial Term") for a total contract period of one year.
OPTION TO EXTEND. The County's option to extend is for four (4) increments of one (1) year each for a total of four
(4) years beyond the expiration of the Initial Term, not to exceed June 30, 2011, pursuant to Exhibit C Billing Rates.
unless County notifies contractor in *ting, not less than 30 days prior to the expiration date that they do not intend to
renew the contract, the contract will be automatically renewedfor another year.
%tiom To Extend For One To Six Additional Months At End Of Contract. County shall also have the option to
extend the term of this Agreement in one or more increments for a total of no less than one (1) and no more than six
(6) calendar months at the discretion of the County Purchasing and Contracting Director. Each extension shall be
affected by written unilateral contract amendment delivered to Contractor no less than meen (15) calendar days prior
to expiration of iiny contract term.
The rates set forth in Article 4, Exhibit C, or other pricing section of tbis Agreement shall apply to any option
exercised pursuant to this option clause unless provision for appropriate price adjustment has been made elsewhere in
this Agreement or by confract amendment. All payments are subject to "Availability of Funds."
COMPENSATION: Pursuant to Exhibit C, County agrees to pay Contractor a sum not to exceed the fixed supplemental
rate for services performed during the term of this Agreement in accordance with the methods of payment stipulated in
Article 4.
COTR The County has designated the following individual as the Contracting Officer's Technical Representative
("COTR"): *
Chuck Leichliter, Contract Administrator
Health and Hwnan Services Agency
Aging & Independence Services
9335 Hazard Way
San Diego, CA 92123
Ph: (858) 495-5764 Fa: (858) 694-23 16
E-mail: Chuck.Leichliterli3sdcounty.ca.~ov
CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's
Representative. Gail J. Lynn, Recreation Area Manager
799 Pine Avenue .
Carlsbad, CA 92008
(760) 602-4682 FAX (760) 434-4206
E-mail. glynn@ci.carlsbad.ca.us
DJ WITNESS WHEREOF, County and Contractor have executed this Contract effective as of the date fitst set forth above
COUNTY OF SAN DIEGO City Of Carlsbad
By: By:
WINSTON F. McCOLL, Director,
Department of Purchasing and Contracting Recreatin Services Manager
Date: Date: 7-13-06
D AS TO FORM AlYD LEGALITY
By: Date:
Senior Deputy County Counsel
9
COUNTY OF SAN DIEGO
AGING & INDEPENDENCE SERVICES
SEMOR NUTRITION PROGRAM
ATTAWNT 1 - SERVICE REGIONS AND ZIP CODES
Please add zip code in your service area if it is not listed below.
NORTH COASTAL REGION
Type of Service Provided
(Home Delivered/Congregate Meal and/or
Transportation)
Home-Conqreqate-Transportation
Home-Congregate-Transportation
Home-Congregate-Transportation
Home-Congregate-Transportation
Indicate YesINo
for Services
Yes
Yes
Yes
Yes
Zip Code
92007
92008
92009
920 10 -
920 11
Name of Area
Cardiff
Carlsbad
Carlsbad
Carlsbad
Carlsbad -
,
92014
92024
92052
92054
92055
92056
92057
92067
92068
92075
Del Mar
Encinitas/Leucadia
Oceanside .
Oceanside
Camp Pendleton
Oceanside
Oceanside
Rancho Santa Fe
San Luis Reyhbinbow
Solana Beach
92081
92083
92084
Vista'
Vista
Vista
REQUEST FOR STATEMENT OF QUALIFICATIONS
County of San Diego, Senior Nutrition Program (RFSQ 883)
mered by
City of Carlsbad, CA
2. Es~erience, Pmmsed Oreanizatioa, Manaeement and Staffiig
2.1 OiTeror's Resume
The City of Carlsbad Senior Services has collaborated with the County of San
Diego to deliver nutrition and social services since 1987. This includes
congregate, home meal delivery, congregate, transportation, nutrition education
and Nutrition Council. In December of 1989 the program was moved ftom
Harding Community Center to the Carlsbad Senior Center a state of the art
facility dedicated specifically for adults 55 and older. This new facility included a
beautifidly designed dining mom dedicated to the Nutrition Program and a fully
Wshed warming kitchen for congregate and home meal preparation and
serving. Seniors enjoy a warm, fiiendly and clean environment to eat lunch
Monday- Friday.
The City of Carlsbad prides itself in providing top quality nutrition and social
senices with qualified, well trained, caring staff that understand both the
nutritional and social needs of seniors. In 2005, we served over 19,000 congregate
meals and provided more than 7,000 transportation trips to congregate. In
addition, over 8.700 home meals were delivered to homebound seniors. We strive
to improve their quality of life for seniors through providing nutrition, recreation
and social service programs. The Senior Center utilizes over 100 well trained and
enthusiastic volunteers to support our program. We collaborate with outside
organizations and individuals that provide program extra's such as entertainment
for congregate special event days and holiday and birthday gifts for our
homebound seniors. We actively market our programs and encourage
participation to prevent isolation and support independence. We have an active
Nutrition Council that provides advice to our staff on food quality and service
needs. The City of Carlsbad has also enthusiastically participated in special
services such as Thanksgiving Day & Mother's Day Home Delivery, the Farmer's
Market Coupons and Senior Emergency Meal Kits programs offered by the
County of San Diego. The City's excellent financial management and strong
support hm our City Council provides stability for the nutrition program in
2006107 and beyond.
2.2 State of Lawsuits - The City of Carlsbad is a government agency and bas no
lawsuits involving the Senior Center or its services.
2.3 BreachMon-compliance, failure or refid to complete or termination of contract.
- None.
2.4 References
2.4.3-A
Reference: Essenco, Inc.
Contact Person: Otmar L. Staab
Title: President
Phone: 760-450-0097
Fax: 760-450-0097
Email Address: atasteofeurope@yahoo.com
2.4.4-A
Relationship: Essenco Inc. is contracted to provide food catering services to the
City of Carlsbad for our Senior Nutrition Program. Staff works closely with
Otmar and staff members to provide a quality menus and food that meet all the
nutrition and quality standards required by the City, County, State and Federal
governments.
2.4.5-A
Not applicable.
2.4.6-A
Summary: Essenco, Inc. has been providing catering services to the Carlsbad
Senior Center for their daily Congregate and Home Meal Programs since
August 25,2003.
Total annual limit: $200,000
Date of original agmment: August 25,2003
Tm of Service: One year (with Four 1-year options)
Reference B
2.4.1 -B
Reference: Carlsbad Senior Association: They are a non-profit group that has
been offering Bingo at the Carlsbad Senior Center for 26 years. They provide a
iiiendly environment for seniors to meet, have fun and socialize.
2.4.2-B
Address: 799 Pine Avenue, Auditorium.
2.4.3-B
Contact Person: Elena Stock
Title: Secretary
Address: 1619 Corte Orchidia, Carlsbad, California 9201 1
Phone: 760-602-0547
2.4.4-B
Relationship: The Carlsbad Senior Association collaborates with the City of
Carlsbad to provide Bingo each Tuesday. The City provides fmility space and
staff set-up support at no charge at the Senior Center and the Carlsbad Senior
Association organizes and produces the Bingo program for seniors at no cost to
the City. This program is advertised as an ongoing activity at the Carlsbad Senior
Center. The association donates funds to Senior Center to support the Senior
programs-
2.4.6-B
Summary: Tuesday Bingo at the Carlsbad Senior Center is the sole program of the
Carlsbad Senior Association. Senior volunteers staff our organization.
Reference C
2.4.1 -C
Reference: The Carlsbad Bridge Group. They are a non-profit group that has
been offering Bridge at the Carlsbad Senior Center for several years. They
provide a friendly environment for seniors to meet, have fun and socialize.
2.4.2-C
Address: 799 Pine Avenue, Auditorium.
2.4.3-C
Contact person: Ron Wright
Title: Bridge Director
Address: 4560 Sea Bluff Circle, Carlsbad, California 92008
Phone: 760-720- 1693
Fax: 6 19-434-2749
2.4.4-C
Relationship: The City of Carlsbad provides facility space for the Carlsbad Bridge
Group each Friday. The Carlsbad Bridge Group plans and organizes a Party
Bridge program for Seniors. The City advertises this program as part of the
activities available at the Senior Center
2.4.5-C
Not Applicable
2.4.6-C Summary: Friday Bridge at the Carlsbad Senior Center is sole purpose.
Senior volunteers staff our organization. Over 140 seniors play every Friday.
2.5 - Government Contracts -Not required for government agency.
2.6 - OrgMon and Stafiing
2.6.1 - Job Descriptions
CITY OF CAWBAD
CLASS SPECIFICATION
JOB TITLE: RECREATION AREA MANAGER
DEPARTMENT: RECREATION
BASIC FUNmION:
Under functional supervision, to plan, direct and coordinate an assigned recreational area;
to be responsible for the operation, maintenance and scheduling of a
recreation/community center facility or facilities; perform professional recreation work in
the organization and supervision of MI-time and hourly staff involved in City recreation
programs; and perform related work as assigned.
DISTINGUISHING CHARACTERISTICS:
Incumbents assigned to this classification are responsible for the overall management of
programs assigned to an area, including responsibility for a recreation/community or
senior center and/or park, and coordinatiag with other City departments for maintenance
of the physical structure(s) and grounds. The incumbents also have additional
responsibilities to assist in the development and planning of departmeat wide policies,
programs and procedures.
KEY RESPONIBILITIES:
Manage a variety of City-wide recreation program activities for an assigned recreation
area, including supervision of program, staff and facilities' responsibility for a
recreatidcornmunity center(s) andlor park.
Develop and administer Ihe area programs budget; evaluate and recommend approval to
meet staf%ing needs, and equipment, material and supplies requirements.
Assist in the development of goals, objectives, policies and priorities for the recreation
department.
Implememt department operating policies and procedures and monitor for compliance.
Supervise, train and evaluate a variety of regular and hourly staff providing skilled
recreation leadership or instruction at recreation facilities.
Supervise the rnainmance of efliciency and progress records.
Research and prepare reports and news releases.
Attend mags and provide staff support to the Parks and Recreation or Senior
Commissions, including the preparation and presentation of technical staff reports.
Respond to citizen complaints and requests for information.
Act as liaison with school district officials.
Determine use of contractors and supervise contract ahnistration.
Coordinate recreation activities with other recreation areas, City departments and
divisions, and with outside agencies.
Perform related duties as assigned or requested.
QUALIFICATIONS:
To perform a job in this classification, an individual must be able to perform the essential
duties as generally described in the specification Reasonable accbmrnodations may be
made to enable individuals with disabilities to perform the essential duties in a specific
job. The requirements listed below are representative of the knowledge, skill and/or
ability required.
Knowledge of:
Philosophy, principles, and practices of public recreation programs.
Major sports, games, and other recreational activities suitable for children,
adolesc-mts, adults, and senior citizens.
City of Carlsbad policies and rules related to recreational programs and general
administrative practices and procedures.
Operation and scheduling of a recfeation/cornmunity center facility.
Principles of supervision, training, and evaluation.
First aid method and safety precautions related to recreation se4ihgs, athletic
fields, swimming pools, and senior citizen centers.
Plan, organize and coordinate the program activities of a recreatiodcommunity
center.
Maintain the operation and scheduling of a recreatiodcommunity center facility.
Communicate clearly and concisely, orally and in writing.
Recre%tion Area Manager
Supervise a variety of recreational programs and instruct individuals and groups
in recreational activities.
Establish and maintain cooperative working relationships with those contacted in
the course of work.
Supervise, train, and evaluate assigned staff.
EXPERIENCE AND EDUCATION:
Any combination equivalent to the experience and educatibn that could likely provide the
required knowledge and abilities is qualiflmg. A typical way to obtain the knowledge
and abilities would be:
Equivalent to a Bachelor's degree from an accredited college or university with
major work in recreation or a related field.
Three years of professional experience involving the development and
supervision of a variety of recreation programs for all age groups.
SPECIAL REQUIREMENTS:
Must meet State of California Tuberculosis test requirements.
If assignment involves working with minors, in accordance with the Health and Safety
Code Section 1091 1.5 (a), cannot have any convictions related to drugs, sexual
misconduct, assault or related offenses involving minors; and CA Penal Code Section
11 165.9 requires responsibility to report suspected child abuse.
PHYSICAL REQUIREMENTS AND ENVIRONMENTAL CONDITIONS:
While performing the duties of this class, an empioyee is regularly required to sit; talk or
hear, in person and by telephone; use hands to finger, handle, feel or operate staudard
office equipment, and reach with hands and arms. An employee is frequently required to
walk and stand. Specific vision abilities required by this job include close vision and the
ability to adjust focus to read and operate office equipment as necessary during the come
of the work assignments.
While pdorming the duties, employees of this class are regularly required to use written
and oral communication skills; read and interpret financial and statistical data,
information and documents; analyze and solve problems; use math and apply
mathematical reasoning and abstract statistical concepts; observe and interpret people and
situations; learn and apply new information or skills; perform highly detailed work on
multiple, concurrent tasks; work under intensive deadlines; and interact with staff,
Council members and others encountered in the course of work.
Recreation Area Manager
Ability to work in a standard office environment with some exposure to the outdoors;
ability to travel to different sites and locations; attend evening meetings; work under
pressure and potentially stressll situations.
This is an at-will management classification.
DATE APPROVED: 4-05-02
Management
Salary Schedule
Management Salary
Benefits
Citv of Carlsbad Management Benefits
Recreation Area Manager
CITY OF CARLSBAD
CLASS SPECIFICATION
JOB TITLE: RECREATION SUPERVISOR
DEPARTMENT: RECREATION
BASIC FUNCTION:
Under general supervision, perform professional recreation work in a variety of
recreational programs of the City; conduct, organize, and supervise recreation program
activities and staff, and perform related work as assigned.
DISTINGUISHING CHARACTERISTICS:
This is the senior classification in the Recreation series before management level.
Incumbents assigned to this classification are responsible for coordmating assigned
program activities as well coordinating responsibilities for city-wide programs. Positions
assigned to this class are distinguished from the Recreation Specialist class by the scope
and level of administrative and supervisory responsibility assigned.
Plan, organize, and coordinate multiple recreation programs, and directly participate in a
variety of City-wide recreation program activities.
Supe~ise and direct full-time andor hourly staff in a variety of City-wide recreation
program activities.
Make recommendations regarding the organization, scheduling, and stafliug of various
recreation program activities to department management,
Develop recreation program and procedures; oversee implementation within assigned
area
Prepare periodic reports and news releases; maintain activity and progress records.
Attend meetings and assist in providing staff support to the Parks and Reereation
Commission, including the preparation and presentation of technical staff reports.
Respond to citizen complaints and requests for information; present information to the
public on event activities.
Assist in budget preparation and administration for the department.
Assist in the development of goals, objectives, and policies for the Recdon
Department.
Act as liaison with school district officials.
Make recommendations and assist in contract administration.
Assist in the coordination of recreation activities with other City departments and
divisions, and with outside agencies.
Perform related duties as assigned or requested.
To perform a job in this classification, an individual must be able to perform the essential
duties as generally described in the specification Reasonable aaxmmodations may be
made to enable individuals with disabilities to perform the essential duties in a specific
job. The requirements listed below are representative of the knowledge, skill andlor
ability required,
Knowled~e of:
Philosophy, principles, and practices of public recreation programs.
Major sports, games, and other recreational activities suitable for children,
adolescents, adults, and senior citizens.
City of Carlsbad policies and rules related to recreational programs and general
administrative practices and procedures.
Operation and scheduling of a recreationlcornmunity center facility.
Principles of supervision, training, and evaluation.
First aid method and safety precautions related to recreation settings, athletic
fields, swimming pools, and senior citizen centers.
AbUitv to:
Plan, organize and coordinate ibe program activities of recreation programs.
Maintain the operation and scheduling of a recreation/community center facility.
Communicate clearly and concisely, orally and in writing.
Supervise a variety of recreational programs and instruct individuals and groups
in recreational activities.
Rccreatim Sqmwm, page 3 of 3
Establish and maintain cooperative working relationships with those contacted in
the come of work.
Supervise, train, and evaluate assigned staff.
EXPERIENCE AND EDUCATION:
Any combination equivalent to the experience and education that could likely provide the
required knowledge and abilities is quallfymg. A typical way to obtain the knowledge
and abilities would be:
Equivalent to a Bachelor's degree from an accredited ~ollege or university with
major work in recreation or a related field.
Two years of professional experience involving the development and supervision
of a variety of recreation programs for all age groups.
SPECIAL REOUUREMENTS:
Possession of a valid Class C California Driver's License.
Must meet State of California Tuberculosis test requirements.
If assignment involves working with minors, in accordance with the Health and Safety
Code Section 1091 1.5 (a), cannot have any convictions related to drugs, sexual
misconduct, assault or related offenses involving minors; and CA Penal Code Section
1 1 165.9 requires responsibility to report suspected child abuse.
Work weekends, holidays, and ewenings as assigned.
PHYSICAL REOUIREMENTS AND ENVIRONMENTAL CONDITIONS:
Incumbents frequently drive to site locations, attend outdoor activities and events and
occasionally be required to physically exert themselves (mu, walk, stoop, bead, reach) in .
the supervision of recreational adivities. Some positions may occasionally require
incumbents to lift or move moderately heavy equipment, or materials during the come of
duties assigned. This position may also require frequent exposure to the weather duing
the course of performing the essential duties.
DATE APPROVED: 4/05/02
General Em~lovee
war9 schedule
Benefits
Citv of Carlsbad General IEPlplwm Bendts
Please type your responses on no more
than two (2) 8 W' x 1 1 " pages. Please
respond to each question concisely and
indude the following statement at the
bottom of your questlonnalre along wlth
your signature and the date, "1 declare the
statements on this appllcatlon and
quastionnaim are true and complete to the
best of my knowledge and belief."
1. Describe your experience working with
diffent age groups (i.e. children, teens,
adutts, seniors).
2. Describe your specific experience with
nuttition and transportation programs.
3. Describe your experience working with
non-profit organizations, community
groups, and public speaking.
4. Describe your experience in planning,
marketing, organizing and evaluating
recreation programs.
5. Describe your experience recruiting,
training and supervising full-time, part-time
staff and volunteers.
Applications will be reviewed to determine
competltive qualifications and timety sukni
of apQropriate information Applicants considered
must qualified will be invited to continue in the
selection process. Submit complete applications
to:
Ci of Carlsbad HR Department
1635 Faraday, Carlsbad, CA 92008
Phone (760) 602-2440 Fax (760) 6028554
E-mail: hrQd.carlsbad.ca. us
www.ci.carlsbad.ca.us
3% @ 60 PERS retirement
r Health benefits (CalPERS)
medicaVdentaVvision
Flexible spending account
Invites Applications fw:
The Msbed RmetiOn Department is
committed to building strong obmmunHy
fhrough a broad range of high quality
recreation and park SBNices indudlng RECREATDN
litkbng learning, satk places to gahw and
access to trails, p&s and open space Ibr
all who he, work and mate in Carfsbwl.
SUPERVISOR
Our mission is to provide topquality
mwlces to our citlzens and customers In
a manner that enhances the qualtty of life
for all, who Ilve, work and piay in
Carlsbad.
The p-s of his bulYebir do not awrstiMs en
exprasssd or impried conbad Any of the pvkions
wntahd h this mmnincemeni my be moclified or
rsvolred Wmut notice.
EQUAL OPPORTUNITY EMPLOYER
$3,593 - $4,367 Monthly
Plus Excellent Benefits
Filing Deadline
July 1 I, 2005
Creating Community
through people, parks
and programs
This position will be under general
supervision and will report to the
Recreation Area Manager. The
Recreation Supervisor will provide
professional recreation leadership in
planning, organizing and coordinating
multiple recreation programs and directly
participate in a variety of citywtde
recreation program activities.
Current vacancy is at the Carlsbad Senior
Center. Responsibilities include
supervision of Nutrition, Home Meals and
Transportation programs and daily
operations of the Senior Center. Duties
include coordinating excursions, classes.
health screenings, seminars, and special
events. Some nights, weekends and
holidays are required.
The position will supervise 13 part time
staff and provide backup for Recreation
Area Manager. Food Manager Certificate
will be required after hire.
The Recreation Department provides
diversified recreation facilities and
programs for all ages of the population that
live, work and play In Carlsbad. The
department is responsible for planning
future parks sites, operation of current
recreation programs and senior activities,
including youth and aduk sports, special
events, instructional classes, Fdciltty
rentals, aquatics, nutrition and
transportation programs.
Our commitment to our citizens is to remain
in touch and focused on the needs and
wants of the Carfsbad community.
Has familiarity with computer programs,
particularly Microsoft Office programs.
The Department is organized into Park
Planning and Recreation Senrices with a
staff of 33 full-time and up to 200 part-time
employees.
Is a skilled communicator and able to
establish positive personal relationships.
Has a collaborative style and believes in
empowerment, mentoring and development
of the team members.
Is flexible and creative in dealing with the
needs of the project and the people to
resolve issues in a fair and equitable
manner.
Is socially sensitive and possesses a good
sense of humor.
Possesses knowledge and experience in
all areas of recreational programming and
activities for all age groups induding
seniors.
Has demonstrated experience in fadities
management, food service management
and special events planning.
Has experience recruiting, supervising and
training staff and volunteers.
Has experience preparing, analyzing and
reviewing reports.
Displays strong leadership abilities in
fostering positive attitudes, behaviors and
high performance standards among
subordinates.
Models a team-oriented approach to
accomplishing the department's mission.
Has experience working with the
community and non-profit organizations
and making presentations.
Knowledge of: Philosophy, principles and
practices of public recreation programs;
Operation and scheduling of a
recreationlcommuntty center faaltty; Principles
of supervision, training and evaluation.
Ability to: Plan, organize and coordinate the
program acthities of recreation programs;
Supervise a variety of recreational programs
and instruct individuals and groups in
recreational activities; Communicate dearly
and concisely, orally and in writing; Establish
and maintain cooperative relationships with
those contacted in the course of work
EXPERIENCE AND EDUCATION:
Equivalent to a bachelor's degree from an
accredited college or university with major
course work in reaeation or a related field, and
two years of professional experience involving
the development and supervision of a variety of
reaeation programs for all age groups.
SPECIAL REQUIREMENTS:
Must meet State of California Tuberculosis test
requirements. If assignment involves working
with minors, in accordance with the Health and
Safety Code Section 1091 1.5 (a), cannot have
any convictions related to drugs, sexual
miscanduct, assautt or related offenses
involving minors; and CA Penal Code Sedion
11 165.9 requires responsibility to report
suspected child abuse.
City of Carlsbad
Recreation Department
Senior Center
Job Descri~tion
Home Meal Coordinator
(PT - 20 Hours per week)
Definition:
Under Supervision of Nutrition Coordinator or Recreation Area Manager, to perform
assigned duties relating to the delivery of Senior Home Meals offered by the County
of San Diego, Aging & Independence Services. Primarily responsible for
coordinating volunteers, drivers, preparing and packing meals and assisting with
Congregate meal preparations as assigned.
Job Related and Essential Qualifications
Knowledge of:
Principles and procedures of record keeping
Basic mathematical principles
Safe driving principles and practices
Basic First Aid methods and techniques
Basic food handling principles
Volunteer recruitment .
Basic computer skills - Data entry
Ability to:
Organize and be prepared to perform multiple task simultaneously
Promote and organize activities with fellow employees and supervisors
Prepare clear and concise reports
Requisition materials and equipment
Exercise good judgment, flexibility, creativity and sensitivity
in response to changing situations and needs
My DocsRorVHome Meal Coofd.doc
Duties to Include:
Home Meal Assessments
Coordinate Volunteers
Coordinate Routes
Oversee packing and temperatures of the Home Meals
Weekly donations: Prepare receipts, accounting, quarterly follow-up of home
meals recipients
Organize/Coordinate volunteers for Special Holiday home meal deliveries
Maintain Home Meal Data Base
Assist with Congregate meal preparation
Assist with Special Events
License or Certification
Basic Food Handling Certificate
High School diploma or G.E.D. equivalent
Possession of or ability to obtain, a valid Class C California Drivers License
Possession of or ability to obtain, CPR & First Aid Certification
Possession of or ability to obtain, a Certified Professional Food Manager Certificate
Special Reauirement
Must be 18 years of age or older
Must have experience working with the Public
Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, and lift 50 + Ibs.
Exposure to outdoors; ability to travel to different sites and locations
Must be able to work flexible schedule including holidays
My Docs/LorUHome Meal Coofd.doc
Appropriate safety precautions and procedures
Senior Kitchen Aide (Including the list above)
Ordering food items and supplies
= The principles of teamwork and supervision
Abilitv to:
= Understand and carry out oral and written instructions
Establish and maintain effective relationships with those contacted in the course of work
Serve accurate food portions
= Keep simple records
Operate standard kitchen and dishwashing equipment
MINIMUM OUALIFICATIONS:
Experience:
Any combination of training, experience and education, which would provide the
howledge necessary to perform the duties of the position
A typical qualifjing entrance background would be the ability to work well with others
in a team effort, and have the willingness to work in a kitchen facility with elderly
participants
Svecial - Reauirements:
Must be 18 years of age or over
Must have experience working with the public
Essential dutii?s require the following physical skills and work environment:
Ability to sit, stand, walk, kneel, crouch, squat, reach, and lift 501bs. +: Incumbent may
be subjected to increase kitchen temperatures during the summer months, and occasional
chemical fiunes form kitchen cleaning agents.
City of Carlsbad Recreation Department
Senior Center
Van Driver
$1 0.00
(Part time - 20 hours per week)
Job Description
Van Driver is a part time position with the Carlsbad Senior Center. Under the
general direction of the decreation Area Manager, the Van Driver is
responsible for picking up the bulk and home delivered meals from the caterer;
transporting seniors to and from the Center; driving seniors shopping, to doctor
appointments, on excursions, etc. Must maintain daily records, daily inspection
logs, keep the vehicles cleaned and gassed; must report all maintenance and
safety concerns. Assist seniors with packages. On occasion will be required to
lift.
Qualifications
Must have the ability to drive a 25-passenger vehicle. Must work well with older
people, be patient, calm and friendly. Must be conscientious and responsible.
Special Conditions
Must possess or be willing to obtain a valid California Class B Drivers License
with Passenger Endorsement. Must be willirig to work a flexible schedule,
including some nights and weekends. Passing the physical examination
(at own cost) required.
' CITY OF CARLSBAD
RECREATION DEPARTMENT
JOB DESCRIPTION
KITCHEN AIDE- FACILITY ATTENDANT
SENIOR KITCHEN AIDE- FACILITY ATTENDANT
Under supervision (Food Service Manager), the Kitchen Aide assist in the preparation, cooking
and serving of food and beverages, cleans kitchen; and to perform related work -as required.
Besides the duties listed above the Senior Kitchen Aide is responsible for kitchen supervision in
the absence of the Food Service Manager.
DISTINGUISHING CHARACTERISTICS
Kitchen Aide- Facility Attendant
Positions in this class perform unskilled and semi-skilled work while working in the Nutrition
Center kitchen under a lead person. Incumbents are expected to perform at an unskilled or semi-
skilled level, as a helper or independently. Positions in this class perform work, which is highly
structured. Incumbents receive thorough instructions when tasks are initially assigned and after
training are expected to perform duties without constant supervision. Work is reviewed
periodically, upon completion and while in progress. Incumbents are expected to refer most
variations in work to the supervisor for instructions.
I - Senior Kitchen Aide- Faciltity Attendant
Position in this class performs semi-skilled work while working in Nutrition Center kitchen
under a lead person. Position in this class may, as the need arise, be assigned to cany out
supervisory duties in the supervisors absence. Positions in this class perform work which has
some variations and which allows or requires a limited range choice in the application of defined
methods or procedures. Incumbent receive instructions when tasks are assigned and have some
latitude in selection, which work methods. Work is generally reviewed upon completion for hal
results. Incumbents are expected to refer matters, which do not fit a clear pattern to the
supervisor for instruction.
SUPERVISION EXERCISED
Kitchen Aide- Facility Attendant
Exercises no supervision.
Senior Kitchen Aide- .Facility Attendant
May exercise technical and functional supervision over lower level staff in the absences
of the supervisor.
EXAMPLE OF ESSENTAIL DUTIES
= Prepare foods for distribution including, salads, desserts and assists in the serving of
foods and beverages for both congregate and home delivered meals.
Washes trays, silverware, pots and pans.
Cleans and straightens up storage areas.
Operates dishwasher &d other kitchen machinery.
= Complies with California Restaurant Act regarding sanitation and personal hygiene.
Empties trash and garbage.
Checks kitchen equipment daily.
Observes safety and health rules.
Works on special events requiring food service when necessary.
= Cleans general kitchen area.
Transports food from storage areas.
Mops floors in office, hall and dinning area.
Performs related work as required.
JOB RELATED OUALIFICATIONS
Kitchen Aide
Knowledne of:
= The standards- of Hygiene under the California Restaurant Act;
Kitchen equipment operations and maintenance
REQUIRED APPAREL
Person hired must wear standard apparel as prescribed by the Recreation Depa'rtment
SALARY RANGE
KITCHEN AIDE-FACILITY ATTENDANT
$6.75 - $10.00
SENIOR KITCHEN AJDE- FACILITY ATTENDANT
S
CITY OF CARLSBAD
CLASS DESCRIPTION
JOB TITLE: SECRETARY 1 ADMINISTRATIVE SECRETARY
DEPARTMENT: VARIOUS
BASIC FUNCTION:
Under general supervision, performs a variety of responsible secretarial duties and
administrative tasks in support of department staff. Performs related responsibilities as
required.
DISTINGUISHING CHARACTERISTICS:
Secretary is the experienced journey-level class performing a wide variety of tasks,
duties and responsibilities at an advanced technical skill level. Assignments may vary
from general support of several staff to specialized support in a technical area.
Employees are expected to perform independently under general supervision and are
reviewed for end result or product.
Administrative Secretary is the senior or executive level class. Employees at this level
are distinguished by the scope and magnitude of job responsibilities, discretion in
decision-making and accountability expected. The work requires in-depth knowledge of
activities or operations in order to analyze and interpret information and make decisions
based on non-standard or diverse guidelines rather than those readily established. Only
purpose and objectives are defined with supervisory review on final results or compliance
to objectives. Typical administrative assignments may include a combination or majority
of the following duties: input and monitoring of budgets; payroll/personnel processing;
handling confidential/sensitive information; supervising others; composing
correspondence or researching and drafting information for correspondence or reports;
and interacting with high level or critical contacts in providing information.
KEY RESPONSIBILITIES:
Provide direct secretarial support to one or more professional or management positions
and may provide support to commissions/committees; receive visitors; schedule
appointments; maintain appointment calendars; make travel and meeting arrangements;
may attend meetings to take minutes.
Type, edit, proofread and prepare materials in appropriate formats, assemble and
distribute correspondence, reports and documents, such as agreements, contracts, permits,
resolutions, and agendas; transcribe recorded dictation; prepare standard forms and other
related records; may assist in production of newsletters or other desk-top publishing
documents.
Secretarial Series, Page 2 of 5
Compose correspondence and compile reports from a variety of sources; facilitate
transmission of information to other offices/agencies and interface with other staff or
outside agencies/clients/public in obtaining information and coordinating activities.
Receive inquiries from the public, other departments and agencies; answer phones and
route calls, provide a variety of information requiring an understanding of department
policies and procedures.
Establish and maintain a variety of files and records in systems for retrieval by staff;
determine subject and nature of files, cross-referencing and storage of this information in
active, inactive or purge status.
Perform a variety of tasks in budget monitoring and fiscal recordkeeping, which may
include, sorting, filing, preparing andlor processing a variety of documents and fiscal
records; may assist in monitoring or reviewing expenses and revenues relative to budget;
may recommend transfers and assist in budget preparation.
Perform a variety of other clerical tasks as minor duties or back-up to staff, including but
not limited to, data entry, copying, recordkeeping, filing, and processing standard
business forms.
May supervise or provide direction for the work of other clerical personnel when so
assigned.
Perform other related duties as assigned.
OUALIFICATIONS:
To perform a job in this classification, an individual must be able to perform the essential
duties as generally described in the specification. Reasonable accommodations may be
made to enable individuals with disabilities to perform the essential duties in a specific
job. The requirements listed below are representative of the knowledge, skill and/or
ability required.
Knowled~e of:
General City policies, procedures and practices.
Department policies, procedures and practices.
Standard secretarial and general office practices, methods and techniques
including office equipment operation.
Proper English usage, grammar, punctuation and spelling.
Secretarial Series, Page 3 of 5
Standard recordkeeping systems and procedures.
Preparation of complicated documents requiring specialized typing.
Software applications, e.g., word processing, spreadsheet or database on
microcomputer systems as required by the assignment.
For the Administrative Secretarv:
Thorough knowledge of City and department policies, procedures and practices as
it relates to administrative functions.
Depending on assignment, knowledge of specialized legal or technical protocols,
terminology, codes, procedures as it relates to duties.
Depending on assignment, general knowledge of supervisory methods and
techniques.
Operation of a variety of office equipment, including computer equiment and
typing at 60 wpm net corrected speed.
Depending on assignment, may require shorthand or speedwriting at a speed
necessary to perform job.
Abilitv to:
Demonstrate excellent customer service.
Learn, apply, and explain related policies and procedures.
Use correct English grammar, punctuation, and spelling.
Direct and review the work of subordinate staff,
Communicate effectively both orally and in writing.
Establish and maintain cooperative working relationships.
Make independent decisions within broad established guidelines.
As necessary, maintain confidentiality of sensitive materials.
Secretarial Series, Page 4 of 5
Transcribe materials from tape or shorthandlspeedwriting as determined by
assignment.
For the Administrative Secretarv:
Demonstrate and foster excellent customer service.
Problem-solve through analyzing and interpreting materials or information to
make decisions or recommendations.
Make decisions and handle situations in the absence of the supervisor.
EXPERIENCE AND EDUCATION:
Any combination of education andlor experience that could likely provide the required
knowledge, skills, and abilities is qualifying. A typical way to obtain the required
knowledge, skills, and abilities would be:
Equivalent to completion of the twelfth grade, including or supplemented by
specialized secretarial and business training.
For the Seeretarv:
Two years of progressively responsible clerical and secretarial experience.
For the Administrat.ive Secretarv:
Four years of progressively responsible journey-level clerical and journey-level
secretarial experience.
PHYSICALMENTAL DEMANDS AND ENVIRONMENTAL SETTING:
While performing the duties of this class, an employee is regularly required to sit; talk or
hear, in person and by telephone; use hands to finger, handle, feel or operate standard
ofice equipment; and reach with hands and arms. An employee is frequently required to
walk and stand. Specific vision abilities required by this job include close vision and the
ability to adjust focus to read and operate office and computer equipment as necessary
during the course of the work assignments.
While performing the duties, employees of this class are regularly required to use written
and oral communication skills; read information and documents; observe and interpret
people and situations; learn and apply new information or skills; perform detailed work;
and interact with staff and others encountered in the course of work.
Incumbents may occasionally need to travel to various city locations or to off-site
meetings as necessary and as the assignment demands.
Secretarial Series, Page 5 of 5
Depending on the assignment, there may be special environmental or additional physical
or mental requirements that will be detailed at the time of recruitment.
DATE APPROVED: 41200 1
General Employee
Salary Schedule
General E~D~ov~~s Salarv Ran~es
Benefits
City of Carlsbad General Em~lovee Benefits.
2.6.2 - RECREATION AREA MANAGER - Senior Center - Gail Lynn
Gail J. Lynn
Recreation Area Manager - City of Carlsbad, CA
EXPERIENCE
Recreation Area Manager
City of Carlsbad Recreation Department, Carlsbad, CA
May 1989 to present
Administration and supervision of Community Services programs, facilities, and special events
in a heavy multi-tasking environment including: preparation, implementation, and monitoring
of budget; hiring, training, supervision, and evaluation of personnel; solicitation of sponsorship;
recruitment and coordination of volunteers; collabomtion and negotiation with community
businesses and organizations; presentation to community groups, Park and Recreation
Commission, City Manager, and City Council.
Current assignment: Responsible for Senior Center operations; Liaison to Senior Commission.
Special assignments have included: Systems and Structures Strategic Initiative Team member,
Customer Service Strategic Initiative Team member and citywide Wer, Recreation
Leadership Team member, and Acting Recreation Superintendent. Substitute for Recreation
Director as requested.
Recreation Director
Lincoln Property Management Services Division
June 1986 to May 1989
Development, implementation, and direction of a series of integrated resident recmtion
programs in eight expansive apartment complexes in which each recreation program was
designed to meet the needs of that community including: mmitment and development of
recreation activities coordinates, class instmctors, tennis pros, and recreation interns; design,
implementation, direction, and evaluation of program including social events, recreation
classes, sports events and tournaments, bus excursions, and special events; development of a
recreation publicity campaign; preparation of budgets and monitoring of program expenses;
coordination of facility maintenance and repair.
Special assignments included: consultation for Development Department on design of new
remation kilities and equipment.
Cultural Center Manager November 1983 to October 1985
City of Port Hueneme Recdon and Community Services Department
Management of 20,000 sq. ft. Port Hueneme Cultural Center, a 600-seat performing arts hall,
catering facilities, and five banquet and community meeting rooms that opened in September
1984, including: management of facility and recruitment, training, and supefvision of
personnel; diredion and implementation of performing arts, fine arts, and ~ultural arts
programming; development of 5-year Facility Marketing Plan and budget proposal,
development and implementation of individual and corporate fund raising program; writing of
grant applications for arts programming; redesign of catering facilities for optimum industrial
use; and in cooperation with subcontractm and architects, supervision of the completion of
cultural center punch list (researched and proposed solutions for design problems).
Special assignments included: development of annual Arts Programming Proposal in
cooperation with the Recreation and Fine Arts Commission, and five-year City Financial Plan
team member.
GAIL J. LYNN - 2
General Manager December 1980 to July 1983
Phi Time Theatre, La Habra-Simi Valley, Oxnard, CA
Management of entire store opemtions included: customer service; food and beverage quality
control; sanitation and maintenance; personnel recruitment and development; marketing,
promotion, and community involvement; showmanship and atmosphere entertainment; and
profit assurance.
Administrative Assistant
Malibu Grand Prix, Woodland Hills, CA
July 1980 to November 1980
As intern planning and execution of a general program to increase cost efficiency of game
operations including: design and implementation of effective system to increase the profit
margin, evaluate and implement employee schedules, train new employees, and design of a
system to tabulate information game operations statistics.
EDUCATION
NRPA Pacific Marketing and Revenue Sources Management School, La Jolla, CA 2000
National University, San Diego, CA
MBA program with emphasis in Marketing (20 units completed)
California State Polytechnic University, Pomona, CA
Bachelor of Science in Recreation and Leisure Administration
PROFESSIONAL AFFILIATIONS/CERTlFlCATlONS
Certified Professional Food Manager (2005) Recognized by Conference for Food
Protection
Calitornh Parks and Recreation Society (CPRS)
Supervisors Section State Board member (1995-2003)
District XII Representative (1 995-200 11, Communications OfEcer (200 1-03)
District XI1 member (1 979 to present)
Second Vice President (1 994-99, Supervisor's Section Representative (1 995-200 1)
Women in Leisure Services (WILS)
Charter member (1 99 1 to present)
First Vice President (1 991 -92), President (1 992-93), Past President (1 993-94)
National Delegate (1 994-96)
AWARDS AND CITATIONS
State Achievement Award - 1998
Certificate of Commendation - 1995
Sewice Award - 1992
California Park and Recreation Society (CPRS)
City of Carlsbad
California Parks and Recreation
2.6.2 - RECREATION SUPERVISOR (Nutrition and Recreation Programs) -
Jack Risley
VERNON G. RISLEY
408 N. Cleveland Street
Oceanside, CA 92054
Contact Phone: (760) 435-9565
Email Address: vrisley@pacbell.net
CURRENT SEMOR CENTER EMPLOYMENT:
October 2005 to present: Supervisor, Carlsbad Senior Center, 799 Pine Avenue,
Carlsbad, Ca 92008. Gail Lynn, Recreation Area Manager, 769-602-4650,
I am responsible for recruiting, training and supervising 13 part time M. I also provide
backup for the Recreation Area Manager. I am responsible for all senior activities
including nutrition. I supervise a Fkogram Coordinator, Home Meal Coordinator, Kitchen
Assistant and kitchen staff- We accomplish our tasks with the help of over 100
volunteers.
Our Congregate Dining Program serves over 20,000 meals annually and our Home Meal
Program delivers over 9000 meals annually to homebound seniors living in the City of
Carlsbad. We provide over 8400 transportations trips annually bringing seniors to lunch,
shopping and doctor appointments.
I have a Food Managers Certificate and I am responsible for food service management.
My past experience in Facilities Management enables me to maintain our nutrition
equipment to conform to existing health standards.
I attend monthly Aging & Independence Service Meetings and comply with all their rules
and guidelines. I document and input data into the AIS 'Q database monthly. I maintain
a history file of all congregate, home meals and transportation totals
November 2003 to present: Home Meal Coordinator, Carlsbad Senior Center, 799 Pine
Avenue, Carlsbad, Ca. 92008. Ed Diamond, 769-602-4652, Supervisor.
As the Home Md Coordinator for the Carlsbad Senior Center, I managed the program
supported by the City and the County Ageing & Independence Service. The Program is
designed to provide nutrition to seniors who are homebound for a variety of medical
reasons.
I conduct quarterly home assessments to evaluate those seniors applying for this program.
Once approved, I assign clients to one of four delivery routes which are driven by
volunteer drivers. I alter the routes as needed to provide this service in a way that insures
the fast and efficient delivery of a quality meal. I make sure the meals are at the requited
temperature and quality for delivery.
VERNON G. RISLEY - 2
I use M/S Excel to plan Delivery Schedules 4-5 weeks in advance. I work closely with
the volunteers so that I can formulate a reliable schedule which maximizes effectiveness
of the available manpower.
I record the donations received and prepare weekly reports for deposit. I maintain
spreadsheets to document weekly, monthly and year to date donation totals.
I manage and maintain the "new" AIS software program titled "Q". This requires me to
input profile information on all clients who use the following services: transportation,
congregate meals and home delivered meals,
I am the administrator of the Senior Center Volunteer Database. I work closely with the
Carlsbad Volunteer Coordinator so that volunteer tasks and hours worked are properly
recorded.
I assume the duties of the Nutrition Manager in his absence.
I have a working knowledge of: MS Word, MS Outlook, MS Publisher, Excel and
various other software programs.
September 1999 to March 30,2003; Utilities Planner; Facilities Maintenance
Department; Bldg. 2291 MCB Camp Pendleton, Ca. 92055; Louis D. Stefani;
As the Utilities Department's Senior Planner, I scheduled and expedited the use of
manpower, material and equipment to accomplish major and minor maintenance projects
for the Electrical, Gas, Sewage and Water Distribution Branches which included: 15
Electricians, 10 High Voltage Linemen, 25 Pipefitten, 20 Waste Water Treatment Plant
Operators, 20 Water Treatment Plant Operators, and 2 Cross Connection Specialists etc.
I was responsible for planning corrective action to all emergencies associated with the
various utility systems at Camp Pendleton MCB.
I supervised the Preventative Maintenance Program and I maintained the database and
scheduled all daily, weekly, monthly, quarterly and annual inspections. I kept records on
file for 5 years.
I acted as liaison with various personnel and departments to coordinate the necessary
worknow to make system corrections and repairs as required. I provided input and
analyzed reports. I worked closely with the Enviromental Department and other
government agencies when accidental sewage spills occur due to equipment breakdown. I
compiled iafodon needed for teportiug violations.
VERNON G. RISLEY - 3
I helped implement the new "Maximo" software program which is used to track all costs
associated with labor, material, equipment etc.
EDUCATION:
Maryvale High School; Phoenix, Arizona; High School Diploma
Long Beach State University, Long Beach California, 1982, Economics
Palomar College, San Marcos, California, 1988, Associates Degree in Economics.
Palomar College, San Marcos, California, 1989, Associates Degree in Business
Administration.
Cal State University; San Marcos, California; Business Administration; 199 1 ; 24
Semester Hours in Statistical Analysis of Business.
PROFESSIONAL TRAINING AND ACKNOWLEDGEMENTS:
Total Quality Leadership Training 199 1 - 1997 Naval Leader Training Unit (MCRD)
Coronado, Ca. March 94 to September 95
Instructor for: Building Teams, Team Skills, Methods for Quality and Systems
Improvement for the Department of the Navy Camp Pendleton, September 91 to April 93
TQL Fundamentals and Team Skills & Concepts
1994 "Implementation of TQL" 1997 "National Quality Month"
1995 "Event Coordinatorn 1998 "Employee Picnic Chairman"
1995 "National Quality Month" 2000 "AC/S Facilities Recreation Event Chairman"
1 996 "TQL Instructor Assist" 2001 "AC/S Facilities Recreation Event Chairman"
VOLUNTEER INFORMATION:
President, City of Oceanside, Neighborhood Watch Block Captains Association
City of Oceanside- Economic Restoration Committee Member
City of Oceanside Christmas Day Parade Committee Vice-Chairman
City of Oceanside Project Area Committee Vice-Chairman
2.6.2 - HOME MEAL COORDINATOR - Vincent Rodrigues
Vincent Rodrigues is our new Home Meal Coordinator. He has been a valued
volunteer for over a year in our Congregate Dining Room.
He brings over 30 years of hotel and food experience to our Nutrition Program.
He was a manager for the Hilton Hotel in Oakland and Four Seasons Hotel in San
Francisco for a combined 34 years. He obviously knows about customer service
and is anxious to use these skills to enhance the quality of our Nutrition Program.
He works under the direction of the Recreation Supervisor. He performs assigned
duties relating to the delivery of Senior Home Meals offered by the County of San
Diego, Aging & Independence Services. Primarily, he is responsible for
coordinating volunteers, drivers, preparing and packing meals, food quality,
conducting Home Meal assessments and assisting with Congregate Meal
preparations as assigned.
Examples of Duties:
Home Meal Assessments
Coordinate Volunteers
Coordinate Routes
Oversee packing and temperatures of the Home Meals
Weekly donations: Prepare receipts, accounting, quarterly follow-up of home
meals recipients
Org~/Coordinate volunteers for Special Holiday home meal deliveries
Maintain Home Meal Data Base
Deliver Home Meals when needed.
Assist with Congregate meal preparation and assist with Special Events
We employee t. part time Bus Drivers: Tom Clemons, Carl Jamison and Hilda
Villarreal. They transport seniors to and hm the Carlsbad Senior Center for
lunch each day. They have over 50 years of combined experience serving seniors.
They all possess current a Class B License with Passenger Endorsement, CPR
Certification and are subject to drug testing.
Examples of Duties:
Pick-up congregate and home meals from the caterer.
Transport seniors to the center for lunch.
Transport seniors to shopping, doctor appointments and excursions.
Conduct daily vehicle safii inspections.
Report all maintenance or safety concerns.
Drive vehicles to Fleet Maintenance for regular service.
40
Maintain daily logs.
Deliver Home Meals and assist with Congregate meal preparation and assist
with Special Events
2.6.2 - KITCHEN AID - FACILITY AlTENDANT - Terry Talbot
Terry Talbot is our Kitchen Aid; she bas worked at the Carlsbad Senior Center
since it was built in 1989. She prepares food for distribution to our congregate and
home meal seniors.
She is a Certified Food Handler and complies with the California Restaurant Act
regarding sanitation and personal hygiene. She and her 12 volunteers observe all
safety and health regulations.
2.6.2 - DISHWASHER - KITCHEN HELPER - Salvadore Serrano
Salvadore Serrano is our Dishwasher and Kitchen Helper. He operated a fully
automatic dishwasher that cleans and sterilizes. He is very conscientious about
maintaining a very clean food service area. He observes all safety and health
regulations.
2.6.2 - SECRETARY - Kris Westland
Kris Westland is our secretary and assists with her administrative knowledge. She
types, edits, proofkads and prepares information in appropriate formats. She
helps maintain the AIS History Library. Kris has over 25 years in secretarial and
administrative work.
She helps with budget monitoring and fiscal recordkeeping. She performs a
variety of other clerical tasks and duties including but not limited to data entry,
copying, recordkeeping, filing and processing paperwork and forms.
2.7 - Collaborations, Linkages and Subcontracts
2.7.1 - Subcontracts - The City of Carlsbad sub-contracts with a caterer.
2.7.2 - Describe specific program requirements met. - Essenco Inc. provides
nutritionally balanced meals in bulk for congregate and individual meals for home
delivery and assists with menu planning and attends A.I. S. meetings as requested.
2.7.3 - Type of contract or agreement/Commitment- The initial contract is for one
year with an additional three-year renewal option. We are currently in our second
year of renewal expiring in June of 2006. Essence Inc. has expressed interest in a
3rd year renewal. A copy of the contract is attached.
3. Promam Dcscri~tioq - (Scope of Work PWS numbers in bold)
3.1 - How Service and Hours are responsive to target population.
The City of Carlsbad provides a nutrition program Monday through Friday (except
holidays) for seniors 60 and older that includes: home meal delivery, congregate
dining with social interaction, transportation to congregate and nutrition education. A
nutritionally balanced meal is provided each day at 12:00 PM in our dining room at
the Carlsbad Senior Center, 799 Pine Avenue in Carlsbad. Transportation is provided
to Carlsbad Residents who cannot drive that attend congregate. There is no charge for
these services, however: we do request a donation to help support the program. Our
nutrition services assists older individuals to live independently by promoting better
health and reduced isolation through a coordinated congregate lunch program with
supportive Services such as nutrition education. Priority is given to seniors with
greatest economic or social needs. Home delivered meals assists seniors who cannot
attend congregate for both temporary and longer term illnesses. The Nutrition boasts
over 50 volunteers who assist with serving meals, guest check-in, clean-up, home
delivery and office support. Food Handler's Cad training is provided for all
volunteers who handle food. All volunteers must pass a food handler's test given by
the Recreation Supervisor, who is certified as Professional Food Service Manager.
2. Background - The Senior Nutrition program is funded though Title 111 of the
Older Americans Act, a Federal Program. It is also funded by the City of
Carlsbad, Nutrition Council fundraising efforts and donations fiom senior
nutrition clients. Community donations are accepted hm the public and local
businesses and organizations.
3. Goal - To offer senior citizens nutritious meals to seniors through, home
delivery and congregate with transportation to and fhm the meal site in order to
increase independence and decrease social isolation.
3.2 - Identify how services will be delivered.
4.1 The Carlsbad Senior Center proposes providing a maximum of meals 19,610
meals mually in a congregate setting five days per week.
4.1.1 Each meal will contain at least 1/3 of the daily recommended dietary
allowance and shall comply with the 2005 Dietary Guidelines for Americans. The
meals will be prepared by the our food services caterer Essenco Inc. Menus are
proposed by the Food Services Caterer, reviewed by staff and approved by an
A.I.S. Nutrition consultant to ensure the pposed meals meet the dietary
standards.
4.2 The Carisbad Senior center proposes to deliver a maximum of 9,340 meals to
the homebound. Meals are prepared by our food services caterer and organized by
our Home Meal Coordinator for delivery by volunteers. Quarterly visits to each
home meal participant ensure feedback on the quality of our service and ensure
they still meet the requirements to qualify for the program. Staff will take action
to gain support from AIS and or social workers to assist in addressing any
environmental or physical or abuse concerns.
43 We will provide Nutrition Education a minimum of four times annually. All
nutrition guest speakers at congregate will be announced in the Carlsbad Senior
Center Newsletter, announced at congregate, and promoted at the Center by flier.
Home Meal participants receive printed materials, as well as visits fiom our
Home Meal Coordinator.
4.4 In addition, the Carlsbad Senior Center proposes to provide 7,200 units of
transportation annually to and from the center. This will be provided by City-
owned buses and a van. All City van and bus drivers have a Class 2 license,
follow strict safety standards and provide excellent customer service.
4.5 Plans are in place to ensure seniors with the greatest social and economic
needs have priority.
3.3 - Target Population
The target population is adults, 60 and older, who are at risk of isolation and or health
risk due to lack of nutrition:
4.6 - Geographic Service Area
4.6.1 - The geographic area served is Carlsbad.
4.6.2 - Zip Codes served are: 92008,92009,9201 0 and 9201 1.
4.63 - 4.63.2 Our Dining site location is the Carlsbad Senior Center is located at
799 Pine Avenue in Carlsbad. Lunch is served Monday through Friday at
12:OO PM. The dmiq room is a dedicated facility for the nutrition program firom
8:OO AM- 1 :OO PM.
4.7 - We understand the Contract period to be July 1,2006 - June 30,2007, with
four 1 -year options through June 30,201 1.
5. - Payment for Services:
5.1-5.2 - See Exhibit C. Rates to be determined by AIS.
6. - General Requirements for Semce Delivery:
6.1 - Agree.
6.2 - Contractor is a public agency.
63 - The facility is accessible via public transportation on the North County
Transit District (NCTD) bus route 321, and meets ADA and Title 24 regulations.
6.4.14.4.4 - The City of Carlsbad agrees and understands the funding
components for the Nutrition program.
6.5 - Performance service levels will be met through repeat clients and attracting
new clients through marketing.
6.6 - A.I.S. is ref& to as a funding source on printed materid.
6.7 - A.I.S. will be notified at lease 24 hours in advance of all media events and
press releases
6.8 - The City of Carlsbad will make all requests for equipment to A.1.S in
writing.
6.9 - Refer to the FY 06/07 Budget, Exhibit D to see at least a 15% match for
program costs.
6.10 - The City of Carlsbad requires Respectful Workplace training for all staff
members that encourages respect for cultural competency and diversity in the
workplace. All City services are designed to meet the diverse population served.
6.11 - Procedures are in place to handle fiaud and other Critical Incidents and
will be reported to City of Carlsbad Recreation and Risk Management
Departments and A.I.S.
4. Financial Information
On the immediately following pages, please find documentation of the City of
Carlsbad's financial situation including:
4.1 - Budget
4.1 1 - Match information is provided in the Budget Forms, Exhibit D.
4.2 - Financial Statements - City of Carlsbad is a government agency funds are
budgeted annually to ensure the program is supported. Statements of Net Asset. are
attached for the past three to show adequate cash flow.
4.2.1 - Balance Sheets
4.2.2 - Statement of Activities
4.2.3 - Statements of Cash Flows
4.2.4 - Auditor's Reports (See bound copies provided.)
CONTMCTOR NAME1 Clv 01 C8CI#bad
PROJECT )IAMB: Nuitmion program
TRANSPORTATION
1411 l
CONGREGATE
T4ll C-1
HOME DELNEREO
7411 C4 TOTAL BUDOR
PERSONNEL
TRAYELmlAlNlNG
TRANSPlDEUVERY
EQUIPMENT o
CONSULTICONTR SVCS o
FOOD
OTHER COSTS
REVENUE:
PROGRAM INCOME 4,092
OTHER REMNUEEASH MATCH o
IN-KIND MATCH
CONTRACT AMWM
BRWVASTMEALS
NOON MEALS
TOTAL SCOPE OF MWS 1,634 776
GRANT
CONTMCT AMOW
AIS-EXHIBIT D.l
WNTR>OR we: Clty of Clrlsbrd
PROJECT lYAMC N- PlogCIIm
FY OBlW TOTAL BUDGET
MONTHLY EXPENDITURE SCHEDULE
5
U(PLNDIl'Um
mscmEL
lUAEullWMNG
7mNSmmmY
EamaM
~~SVCS
JUL
6.054
6 6
209
rWY, 10,012 10.012 10,012 10,012 10,012 10,012 10,012 10,012 10,012 10,012 10.012 10,011 120,143
92 9 2 92 92 92 92 92 92 92 92 92 91 1,100
AUO
6.054
6 6
209
PROGRAUI~
0THWmXA.wIUTCH
CWlTMCT MIOUNT
- - - - -
TOTALREVENUE
SEC
6,054
66
209
5,462
10,972
. - - -
16,434
5,462
10,972
-
16,434
OtT
6,054
6 6
209
5,462
10,972
16,434
NOV
6,054
6 6
208
JIN
6,054
6 6
208
WC
6,054
6 6
208
FED
6,055
6 6
208
MAR
6,054
68
208
5,462
10,971
16,433
APR
6,054
6 8
208
5,462
10,970
16,432
MAY
6,054
68
208
5,462
10,970
16,432
JUN
6.055
68
208
5,462
10,970
16,432
TOTU
72,650
800
2.500
0
0
5,462
10,970
16,432
5,462
10,970
16,432
5,462
10,970
16,432
5,463
10,970
16,433
5,463
10,970
16.433
65,546
131,647
197,193
686'ST
WLOA
ZEE'K
NC)P
ZEE'K
AVW
ZCE'T
MdW
ZEE'T
YIW
ZEE'T
mild
ZtE'T
NIP
ZEE'T
3a4
ZEE'T
AON
ZEE'T
130
ZEE'T
das
ZEE'T
onv
ZEE'I
lnr
-i5WCW3
CaZIllllONildM
AOINO I INDEPENDENCE SERVICES
FY 06/07
CONTRACTOR NAME City 01 CIn8b.d
AIS EXHIBIT D.l 5 1
AWN0 a INDEPBNDENGE SERVICES
FY 08/07
CONTRACTOR NAME: Clty Of Car1Sb.d
Miscellaneoue Mileage
for etaff/volunteers
I I I
Vehicle Maintenance
IV. EQUIPMENT
AXS EXHIBIT D.l
AOlNO & INDEPENDENCE SERVICES
f Y OBlV7
CONTRACTOR NAME: City Of Canread
V. CONSULT/CONTR SVCS
Vf. FOOD
~p --
Congregate lunch
19,610 X 4.05
Home Delivered Meals
9,340 X 4.36
TRANSPORTATION
W. OTHER COSTS
CONGREGATE
T.lll C-I
TOTAL I
Supplies
HOME DELIVERY
Tlll C.2 1.111 8
AIS EXHIBIT D.1
AQlNO 6 INDEPENDENCE SERVICES
FY OSlO6
CONTRACTOR NAME: Clty 01 Cantbad
VI1I. INDIRECT COSTS
******* R E V E N U €*******
I. PROGRAM INCOME
/I. OTHER REVENUUCASH MATCH
****** IN-KIND MATCH* * * * * *
Transportation
Congregate
19,610 x 1.98
Home Meal
9,340 x 2.41
Congregate Volunteers
5,324 @ 6.75 hr.
Home Meal Volunteers
1,894 x 6.75 hr.
38,943
4,092
AIS EXHIBIT D.l 54
22,511
CITY OF CARLSBAD, CALIFORNIA
Statement of Net Assets
June 30,2003
Primary Government
Governmental Business-type
ASSETS Activities Activities Total
Cash and investments S 303,749,655 $ 124,330,827 $ 428,080,482
Receivables:
Taxes
Accounts, net
Other
Due from other governments
Inventories
Prepaid items
Loans receivable
Deposits
Restricted assets:
Cash and investments
Accrued interest
Internal balances
Capital assets:
Land
Buildings and other structures
Improvements other than buildings
Machinery and equipment
Infiashucture
Construction in progress
Sewage treatment Wlity
Less accumulated depreciation
Total capital assets
Total assets S 595,907,912 $ 303,065,08 1 $ ' 898,972,993
me notes to the financial statements are an integral part of this statement.
CITY OF CARLSBAD, CALIFORNIA
Statement of Net Assets (Continued)
June 30,2003
Primary Government
Governmental Business-type
LIABILITIES Activities Activities Total
Accrued liabilities $ 8,456,760 $ 3,085,307 $ 11,542,067
Accrued interest payable
Due to other governments
Estimated claims payable
Deposits payable
Current liabilities payable from
restricted assets - accrued interest
Deferred revenue
Noncurrent liabilities:
Due within one year
Due in more than one year, net of deferred
charges and unamortized issuance costs
of $644,083
Total liabilities 30,427,434 17,946,766 48,374,200
NET ASSETS
Invested in capital assets, net of related debt 248,218,517 163,206,299 41 1,424,816
Restricted for:
Capital assets 165,477.9 14 96,666,368 262,144,282
Other purposes 34,854,737 34,854,737
Unrestricted 1 16,929,310 25,245,648 142,174,958
Total net assets $ $ 285,118,315 $ 850,598,793
The notes to the financial statements are an integral part of this statement.
CITY OF CARLSBAD, CALIFORNIA
Statement of Net Assets
June 30,2004
Primary Government
ASSETS ~ctivities Activities Total
Cash and investments S 343,933,119 $ 124,552,184 % 468,485,303
Receivables:
Taxes
Accounts, net
Other
Due from other govcmments
Inventories
Prepaid items
Loans receivable
Restricted assets:
Cash and investments
Accrued interest
Internal balances
Capital assets:
Land
Buildings and other structures
Improvements other than buildings
Machinery and equipment
Infrastructure
Construction in progress
Sewage treatment facility
Less accumulated depreciation
Total capital assets
Total wets
The notes to the financial statements are an'integral part of this statement.
CITY OF CARLGBAD, CALIFORNIA
Statement of Net Assets (Continued)
June 30,2004
Rimary Government
Governmental Business-type
LIABILITIES Activities Activities Total
Accrued liabilities $ 13,194,045 $ 6,816,084 $ 20,010,129
Accrued interest payable
Due to other governments
Estimated claims payable
Current portion of long-tenn debt
Deposits payable
Current liabilities payable from
restricted assets - accrued interest
Deferred revenue
Noncurrent liabilities:
Due in more than one year, net of deferred
charges and unamortized issuance costs
Total liabilities 34,452,650 20,180,016 54,632,666
NET ASSETS
Invested in capital assets, net of related debt 282,727,367 1 83,234,445 465,96 1,812
Restricted for:
Capital assets
Other purposes
Unrestricted
Total net assets
'Ihe notes to the financial statements are an integral part of this statement.
CITY OF CAWBAD, CALlFORNlA
Statement of Net Asseta
June 30,2005
ASSETS
Cash and investments
Receivables:
Taxes
Accounts, net
Other
Due from other governments
Inventories
Prepaid items
Loan and reirnbunwmmt receivables
Restricted asects:
Cash and investments
Acrrued intcmt
Intd balancts
Capital essets:
Land
Buildings and other structures
hprovcmmts other than buildings
Machinery and equipment
Infrastructure
Coneeuction m progress
Sewage treatment facility
Less accumulatad depreclalion
Total capital assets
Activities Activities Total
S 387,803,652 $ 123,414,224 S 511,217,876
The notes to the financial statements are an integral part of this statememt.
CITY OF CARISBAD, CALIFORNIA
Statement of Nd Assets (Conthud)
Jane 30,2005
Rimary Govanment
Governmental Business-type
LIABILITIES Activities Activities Total
~ccrued liabilities 5 12,022,225 $ 6,595,730 S 18,617,955
Accrued interest payable 270,683 270,683
Due to other governments
Estimated claims payable
Current portion of long-term debt
Deposits paysble
Current liabilities payable from
restricted assets - accrued interest
Unesmed revenue
Noncment liabilities:
Due in more than one ytar, net of defd
charges and unamortized issuance costs
Total U.bUlties
NET ASSETS
Invested in capital assets, net of related debt 3423 1,872 208,964,249 551,1%,121
Resbictad for:
Capital assets
Otha purposes
Unrtstricted
Total net rsscts
The notes to the financial statemnts are an integral part of this statement.
Financial Status Report
Prepared by the Finance Department
December 31,2005
This report summarizes the City of Carlsbad's General fund revenues and expenditures for the first half of
the fiscal year. It compares revenues and expenditures for the first six months of both fiscal years. In
addition, the financial status of the Water and Sanitation Enterprises and the Village Project Area of the
Redevelopment Agency will be addressed. This report is for internal use only. The figures presented here
are unaudited and have not been prepared in accordance with Generally Accepted Accounting Principles
(GAAP).
Carlsbad's revenue trends appear to mirror the San Diego region in general. Therefore, on a monthly basis
this report will provide the most recent economic data for the area: The San Diego County Economic
Indicators. We believe this information provides the reader with some insight on the direction of the local
economy.
SAN DlEGO ECONOMIC INDICATORS
I index of ~eadin~ Economic Indicators I
SAN DlEGO COUNTY
ECONOMIC INDICATORS
October 2005
Consumer Confidence I
Stock Prices
Building Permits Help Wanted Advertising
I Unemployment Insurance National Economy
Sows. Uni-ty of San Dicgo Schwl dBurinss Mmmi~io~ USD lndu gleoihlg Ermanic Idcnfors. Dssnbcr 14,2005.
Financial Status Report 2
Accordina to the USD lndex of Leadina Economic lndicators Re~ort:
The Universtty of San Diego's lndex of Leading Economic Indicators for San Diego County was down in the
two latest reporting periods, September and October. Components down in both months were building
permits, consumer confidence, and help wanted advertising. The only component that was positive in both
months was initial claims for unemployment insurance. There were mixed results as far as local stock prices
and the outlook for the national economy was concerned.
The declines in September and October mean the USD lndex has now declined for three months in a row.
However, other than a big drop in September, there has not been a significant change in the lndex since May.
It has changed in either direction by only 0.1 percent in five of the last six months. The implication is that the
economy is basically on a stable trajectory at this point. The forecast is that San Diego County is likely to
experience continued economic growth for the year ahead, although it may be a little slower than in recent
years. The forecast is for job growth of roughly 17,500, with the local unemployment rate to edge up slightly to
4.5 percent.
Residential units authorized by building permits plunged in October. The 634 units authorized for the month
was the lowest level since March 1997. Through October, residential units authorized were down almost four
percent compared to the same period in 2004. The labor market variables remain mixed. Initial claims for
unemployment insurance have been the most consistent positive component in the USD Index, having been
up now for six months in a row. This has been offset by a downturn in help wanted advertising, which has
been down for exactly the same period. The net result is a relative stable local unemployment rate of 4.4% for
October. Local stock prices dipped in October, which broke a modest five-month winning streak. Consumer
confidence continues to exert a strong negative influence, having fallen now for 10 consecutive months. The
consumer confidence index calculated by the San Diego Union-Tribune is down nearly 20% on a year-to-year
basis. As the latest survey (October) was taken during the heat of the special election campaign, the political
turmoil surrounding the City of San Diego probably had an impact in terms of the negative local outlook by
consumers. It remains to be seen whether the election of a new mayor can turn that situation around. The
outlook for the national economy was very erratic during September and October, with a big drop in the
national lndex of Leading Economic Indicators in September, followed by a big jump in that component in
October. The national economy loverall appears to be in good health, with the GDP in the third quarter
growing at a solid 4.3 percent rate.
TOP GENERAL FUND REVENUES
Pro~ertv Taxes ($13.9 million1 - In December, the City began to see a much larger
flow of property tax revenues. Property taxes reflect a 15% increase over fiscal year
2004-05. The larger than anticipated increase in property taxes to date is primarily
due to two reasons: the continued rise in North County median home prices and the
K~Q~%~ timing of property tax payments received from the County. According to the most
recent County of San Diego Assessor's Office report, assessed values in Carlsbad have increased by
12.1 % for fiscal year 2005-06.
Sales Taxes ($10.4 million) - During the first half of the new fiscal year, sales tax
revenues are $71 0,000 (or 6%) lower than the same time period in the previous fiscal
year. Sales tax revenues to date represent actual sales tax receipts for the second
and third quarters of the calendar year, as well as the first advance of the City's
fourth quarter sales tax revenues. Advances are based on prior year activity, and are
not a true indicator of the current economy. The receipts have also been impacted
by the "Triple Flip", which reduced the advances by 25%. The first "Triple Flipn payment to the City will be
received in January 2006.
For sales occurring in the second calendar quarter of 2005, key gains could be seen in apparel stores,
restaurants, and new auto sales. During the same period, key declines could be seen in retail building
University of San Digo School of Business Administration, US0 lndex of Leading Economic Indicators, 'Leading Economic Indicators DM in
September and October," December 14. 2005.
Financial Status Report 3
--
materials, office equipment and miscellaneous retail. The largest economic segments in the City continue
to be new auto sales, department stores, restaurants, apparel stores, and miscellaneous retail. Together,
they generate 68% of the City's sales tax revenues. Excluding one-time payments received as the result of
audit findings, payments for previous quarters, etc., actual sales tax transactions were up by 5.6% for sales
occurring in the twelve months ended June 30, 2005 over the same twelve-month period last year.
In this fiscal year, sales taxes are expected to increase by a total of 8%. These projections assume a base
increase of 5.6% plus additional amounts for new retail sites locating in the City. The base increase would
have been closer to 6.5% if not for the implementation of the "Triple Flip" required under the State's 2003-04
budget.
Transient Occu~ancv Tax ($6.1 million) - Transient Occupancy Taxes (TOT) for
the first six months reflect an increase of $866,000, 17% over the previous year.
Increased tourism throughout the City accounted for most of the variance. Another
contributing factor to this increase is the reopening of rooms at the La Costa Resort
and Spa. Last fiscal year, these rooms were under construction. In addition to
these factors, timing differences account for the remaining change in revenues for the year. Year-todate
TOT figures represent taxes collected on hotel receipts through the month of November 2005.
Development-Related Revenues ($2.7 million) - Development-related
revenues, which include building permits, planning fees, building department
fees, and engineering fees, reflect a slight increase year-to-date. These fees
are paid by developers to cover the cost of reviewing and monitoring
development activities such as plan checks and inspections. The largest
development-related revenue source year-to-date is engineering plan check fees. Some of the activity in
December included developments at Bressi Ranch, Crescent Del Sol Estates (8 residential homes), four
industrial buildings on the Fox Miller property, and expansion of the La Costa Resort & Spa.
Another source of development-related revenue is building permits, up 1% compared to last fiscal year.
The increase in building permit revenue is derived from increases in the valuation of new construction, the
number of building permits issued, and higher building fees. The valuation of new construction in the
current fiscal year is just under $201 million, while it was just over $193.3 million in the previous fiscal year,
a 4% increase. For the fifth month in a row, residential unit permitting fell below 100 units for the month. All . - the permitting in December was for developments in the Northwest Quadrant; four condominium units at the
Pine Street Condos and a second dwelling unit. For the first half of the fiscal year, 465 residential permits
were issued, as compared to 729 permits issued during the same period last year.
December was another busy month for new reportable non-residential space. Seventeen permits were
issued for a total of 244,962 square feet. Fourteen of these permits (205,462 square feet) are for industrial
buildings at the Palomar Forum industrial center. The remaining permits included a new industrial building
at the Carlsbad Corporate Center, a new restaurant on Avenida Encinas and a small commercial building at
Poinsettia Village. Year-to-date, there has been a combined 743,668 square feet in commercial/industriaI
permits issued, as compared to 244,040 square feet at this time in fiscal year 2005.
Business License Tax ($1.6 million) - Business license revenues have
increased $103,000, 7% over fiscal year 2005 figures. This increase is
attributable mainly to an increase in the number of licensed businesses compared
to the prior year. There are currently 8,143 licensed businesses operating within
the City, up 268 licenses from last year. Of this figure, 5,760 businesses are
located in Carlsbad, with 2,431 of these businesses home-based.
Financial Status Report
- --
, . ---.- Income from Investments and Propertv ($1.5 million) - For the first six months
of the new fiscal year, income from investments and property is up $140,000
1 compared to the previous year. The increase is the combination of higher interest
1 income (up 7%) combined with an increase in income from the sale and rental of
I City-owned property (up 22%).
Interest income is up due to the net effect of a 4% decrease in the average cash balance, offset by an 11%
increase in the average yield on the portfolio for the first half of the year.
Income from property rentals and sales is up compared to the previous year, primarily due to increased
parking lot rentals at the Farmer's building, additional recreation site rentals and increased cell site leases.
Interdenartmental Charaes ($1.3 million) - Interdepartmental charges are $93,000,
or 8% higher than last year. These charges are generated through engineering
overhead charged to capital projects and miscellaneous interdepartmental expenses
charged to funds outside the General fund for services performed by departments
within the General fund. The increase through December is due to an increase in
interdepartmental charges to funds outside the General fund, reflecting an updated cost allocation plan as
well as additional engineering overhead charged to City's various capital projects.
Other lnteraovernrnental Revenues ($1.2 million) - Other intergovernmental
revenues include miscellaneous receipts received from the State or Federal
governments, as well as local school districts. Included in the $1.2 million
received this year are state library grants, senior nutrition grant funds, a federal
museum grant, reimbursements for Peace Officer Standards and Training
(POST) expenses, state mandated costs reimbursements, school resource officer reimbursements from the
school districts, and money received from the State of California and County of San Diego for police task
force reimbursements. A major factor in this year's increase has come from arr~ounts billed to the Federal
Highway Administration and amounts received from both FEMA and OES for assistance with the 2005
winter storm damage in the City.
Franchise Taxes ($1.1 million) - Franchise fees come from public utility sources
such as San Diego Gas & Electric (SDG&E), trash collection franchises, and cable
franchises conducting business within City limits. Year-to-date franchise fees are
up $88,000 over the same period last year due primarily to an increase in the
quarterly franchise taxes paid by Adelphia (up 8%) and Coast Waste Management
(up 10%) for the second and third quarters of the calendar year.
Approximately 58% of the total franchise fee revenue anticipated for the year will be collected from SDG&E
during the month of April 2006.
Recreation Fees ($916,000) - Recreation fees are generated through
instructional classes, youth and adult sports, the triathlon, and other special
events, day trips, various aquatic programs, and lagoon permits. Year-to-date
recreation fee revenue is $79,000 higher than the previous fiscal year. The
largest factor in this year's increase is the fact that this year's triathlon was held in
July while last year's triathlon was held in June; two different fiscal years (a difference of
$105,000). In addition to the triathlon, the City has seen increased participation in instructional classes,
youth sports and the various aquatics programs. These increases were partially offset by a reduction in
senior triplclass revenues. This reduction is merely a timing difference in the recording of senior triplclass
revenues; a result of recently implementing the CLASS System to register and account for senior programs.
Financial Status Report 5
Ambulance Fees ($719.0001 - The City bills any individual who is transported
in one of the City's ambulances. Through December 2005, receipts from
ambulance fees are up 8%, or $50,000 higher than fiscal year 2004-05.
Ambulance fees can fluctuate from month to month based on the number of
calls. Although the number of ambulance calls is up for the year, the increase
was partially offset by an increase in Medicare adjustments (Medicare claims are reimbursed to the City at
substantially reduced rates).
ADDITIONAL GENERAL FUND REVENUES
Although the top General fund revenues represent approximately 94% of all General fund revenues, the
City does have some other revenue sources, although much smaller in scale. Each month, we will highlight
other revenue sources to give you some insight as to how these revenues are derived and how they are
doing in the current fiscal year.
Homeowners' Exem~tions ($56,000) - When property taxes are calculated on
a particular parcel of property, the first $7,000 of property value is excluded from
the property tax calculation. The State then reimburses the City for this
mandated exemption. This reimbursement is entitled Homeowners' Exemption
revenue and is shown under intergovernmental revenues.
Fines and Forfeitures ($465.000) - Fines and forfeitures represent fees
collected for code violations, parking citations, overdue fines, and returned
checks The City recognizes revenues when the citizen pays the fine or
forfeiture, as opposed to when the fine is imposed. Decreased revenues
received by the City from the court system for our share of moving violation
fines, as well as a reduction in parking citation billings, account for the lower revenues in the current year.
Financial Status Report 6
EXPENDITURES
Total General fund expenditures and encumbrances through December 2005 are $55.8 million, compared
to $49.2 million at the same time last year. This leaves $63.9 million, or 53.4%, available through the fiscal
year-end on June 30, 2006. If funds were spent in the same proportion as the previous year, the General
fund would have 54.4% available. Excluding the transfers out, contingencies, and non-departmental
charges, the percentage available at December 31, 2005 is 56.496, essentially the same as the 56.2%
available at December 31, 2004. Some of the larger factors reflected in the increase in expenditures for the
current year includes an increase in retirement and health insurance rates, costs related to the 2005 winter
storms, additional communication-related expenditures and the purchase of the new radio frequency
identification system in the City's libraries.
The City Council has allocated $2.3 million out of the General fund budget to be available for unanticipated
emergencies or unforeseen program needs. As of December 31,2005, $165,000 has been authorized out
of the contingency account, as shown in the chart below.
CONTINGENCY ACCOUNT
USE OF FUNDS
RESOLUTION
EXPLANATION AMOUNT DATE NUMBER
ADOPTED BUDGET $2,300,000
USES:
Emergency Donation to the Victims of Hurricane Katrina (50,000) 09/06/2005 2005-277
Enhanced City Enforcement Efforts in the Downtown Village Area (65,000) .tOiOSnOO5 2005-31 3
Temporary Pump Rental for Calavera Dam (50,000) 12/06/2005 CMWD 1262
TOTAL USES (165,000)
AVAILABLE BALANCE $2,135,000
Detailed schedules of General fund revenues and expenditures are provided on the following pages.
Financial Status Report
INTERGOVERNMENTAL
VEHICLE LICENSE FEES
HOMEOWNERS EXEMPTIONS
OTHER
TOTAL lNTERGOVERNMENTAL
GENERAL FUND
REVENUE COMPARISON
UCENSES AND PEWI~S
BUILDING PERMITS
OTHER LICENSES 6 PERMITS
TOTAL UCENSES a PERlTS
EXPECTED
BUDGET
AS OF 12131106
TAXES
PROPERTY TAX 513,439,854
SALES TAX 12,097,088
TRANSIENT TAX 5,348,060
FRANCHISE TAX 914,374
BUSINESS LICENSE TAX 1,610.779
TRANSFER TAX '471,520
TOTAL TAXES 33,881,674
CHARGES FOR SERVICES
PLANNING FEES
BUILDING DEPARTMENT FEES
ENGINEERING FEES
AMBULANCE FEES
RECREATION FEES
OTHER CHARGES OR FEES
TOTAL CHARGES FOR SERVICES
ACTUAL ACTUAL CHANGE FROM
M 2005 M 2006 YTD 2006 TO PERCENT
AS OF 12131104 AS OF 12n1106 YTD2006 CHANGE
512,018,560 $1 3,880,855 $1,842.295 15%
11,116,561 10,406,607 (709,854) -6%
5,240,505 6,106,555 866,050 17%
975,656 1,063,306 87.650 9%
1,454,729 1,558.081 103,352 7%
630.607 676,670 46,063 7%
31,436,618 33,612,074 2,236,466 PA
IRNES AND FORFEITURES
I (I) Calculated General fund revenues are 3.9% abow budget estimates as of ~e&rnber 2005. I
INCOME FROM INVESTMENTS 6 PROPERTY 1,480,000
INTERDEPARTMENTAL CHARGES 1,35(1,000
OTHER REVENUE SOURCES 426,985
TOTAL GENERAL FUND $41,449,611.
0)
1,383,251 1,623,284 140,043 10%
1,224.949 1,318,264 93,316 8%
630,467 382,896 (147,661) -28%
$41,101,627 $44,100,838 $2,899,211 7%
Financial Status Report
GENERAL FUND I
EXPENDITURE STATUS BY DEPARTMENT
DEPT DESCRIPTION
TOTAL AS OF 12/31/05 I
BUDGET AMOUNT AVAllABLE
FY 206506 COMMITTED Ibl BALANCE AVAILABLE*
. .
pOUCYlLEADERSHlP GROUP
CITY COUNCIL $451.221 $175,607 $275,614 61.1%
CITY MANAGER 1,738,626 710,617 1,028,009 59.1 %
COMMUNICATIONS 1,124,861 837,986 286.875 25.5%
CITY CLERK 203.332 87.135 116.197 57.1 %
CITY ATTORNEY 1,340,710 523.996 816.714 60.9%
CITY TREASURER 207,123 73,950 133,173 64.3%
TOTAL POUCY/LEADERSHlP 5,065,873 2,409,291 2,656,582 52.4%
ADMlNlSTRAllVE SERVICES
ADMINISTRATION 780,601 302,809 477,792 61.2%
FINANCE 3,829,876 1.372.744 2,257,132 62.2%
HUMAN RESOURCES 3.212.295 1,168,233 2,044,062 63.6%
RECORDS MANAGEMENT 907.940 365.872 542.068 59.7%
TOTAL ADMINISTRATIVE SERVICES 8,530,712 3,209,658 5,321,OS 62.4%
PUBUC SAFETY
POLICE 24,392,815 11,091,189 13,301.626 54.5%
FIRE 14,839,610 6,614,869 8,224,741 55.4%
TOTAL PUBLIC SAFm 39,232,425 17,708,058 21,526,367 54.9%
COMMUNIM D&ELOPMENT
COMMUNITY DEVELOPMENT AWlN 2,641,949 466,580 2.175.369 82.3%
HIRING CENTER 85,004 82,899 2,105 2.5%
GEOGRAPHIC INFORMATION 394,332 242,887 151.465 38.4%
ECONOMIC DEVELOPMENT 238.979 94.523 144.456 60.4%
COMMUNIW PROMOTION (CCVB) 341.940 254.001 87.939 25.7%
PLANNING 3,&2,705 1,822.701 2,020,004 52.6%
BUILDING 2,072,692 I ,170,322 902.370 43.5%
TOTAL COMMUNITY DEVELOPMENT 9,617,601 4,133,893 5,483,708 57.~
COMMUNITY SERVICES
PARK PLANNING 8 RECREATION 7,253.335 2,485,557 4,767,778 65.7%
SENIOR PROGRAMS 918.587 473.505 445,082 48.5%
LIBRARY 11,.161.907 4.761.91 1 6,399,996 67.3%
CULTURAL ARTS 1,184,306 416.865 767,441 64.8%
TOTAL COMMUNITY SERVICES 20,518,135 8.1 37,838 12,380,297 60.3%
PUBLIC WORKS
PUBLIC WORKS ADMINISTRATION 1,276,343 437,983 838.360 65.7%
ENGINEERING 7,575,535 3,751.525 3,824,010 50.5%
PARKS 4,846,186 2.199.446 2,646,740 54.6%
STREETS 8 TRAFFIC SIGNALS 4,998,690 1.979.642 3,019,048 60.4%
FACILITIES 3.749.479 2,027,117 1,722.362 45.9%
TOTAL PUBLIC WORKS 22,446,233 10,395,713 12,050,520 S3.7.X
NON-DEPARTMENTAL a CONTINGENCY
OTHER NON-DEPARTMENTAL (a) 6,194,582 4,069,672 2,124,910 34.3%
TRANSFERS OUT 5,925,000 5.700.OOO 225,000 3.8%
CONTINGENCY 2.135.000 0 2.135.000 100.0%
TOTAL NON-DEPT 6 CONTINGENCY 14,264,682 9,769,672 4,484,910 31.5%
TOTAL GENERAL FUND $119,665,661 $55,762,123 $63,903,438 53.4% >
(a) Other nondepartmental expenses indude property tax administration fees, assessment district administration, crtywide litigation expenses,
2005 stonn damage costs and other item not attributed to a specific department.
(b) Total committed indudes expenditure9 and encumbrances.
Amwnt avalable wwkl be 54.4% if funds were spent in the same proportion as the previous year.
. .
68
Financial Status Report 9
WATER ENTERPRISE - -
WATER OPERATIONS FUND
DECEMBER 31,2005
REVENUES
WATER SALES 14,031,199
CHARGES FOR CURRENT SERVICES 4,000,620
PROPERTY TAXES 2,032,029
FINES, FORFEITURES & PENALTIES 255,000
INTEREST 552,423
OTHERREVENUES 705,828
TOTAL OPERATING REVENUE 21,677,099
BUDGET
FY 2005-06
EXPENSES
STAFFING
INTERDEPARTMENTAL SERVICES
PURCHASED WATER
MWDICWA FlXED CHARGES
OUTSIDE SERVICESWINTENANCE
DEPRECIATIONIREPLACEMENT
CAPITAL OUTLAY
MISCELLANEOUS EXPENSES
TOTAL OPERATING EXPENSES
CHANGE FROM
YTD YTD YTD 2004-06 TO PERCENT
12/31/2004 12/31/2006 YTD 2005-06 CHANGE
Revenues
The increase in water sales can be tied directly to the 6.1% increase in the number of water
unit sales. The higher water sales in the current year are a reflection of the wet winter the City
experienced last year.
Additional ready-to-serve revenues from the recent growth in development accounts for the
higher charges for current services. . Increased taxes are the result of higher assessed value within the water district's boundaries.
Efforts to work with our customers to ensure the timely payment of utility bills are reflected in the reduction
in fines, forfeitures and penalties.
The increase in interest income is the combination of a 3% increase in the average daily cash balance
and an 11% increase in the average yield on the portfolio for the first six months of the fiscal year.
The drop in other revenues is the result of a timing difference in recording agricultural water credits
received from the San Diego County Water Authority (SDCWA) as well as a reduction in the recording of
engineering labor charged to water projects. Last year, the amount of labor charged to the recycled water
phase I1 project was much higher, whereas this year, the project is nearing completion.
Although the Enterprise has experienced higher retirement and health insurance costs, current
year vacancies from recent retirements has partially offset staffing expenses year-to-date.
Higher purchased water costs are the result of a 9% rate increase by SDCWA that went into
effect on January 1, 2005, partially offset by a 5% reduction in the amount of water purchased.
Purchased water costs lag water sales by approximately one month.
Outside services and maintenance expenses are up due to the Enterprise's share of a manhole rehab
project and for our share of slip lining for ocean outfall, both with the Vallecitos Water District.
Higher meter expenses last fiscal year associated with the rapid rate of new home development that was
occurring at that time, led to a reduction in miscellaneous expenses in the current fiscal year.
Financial Status Report 10
SANITATION ENTERPRISE
SEWER OPERATIONS FUND
DECEMBER 31,2005
REVENUES
CHARGES FOR CURRENT SERVICES 6,843,212
INTEREST 194,283
OTHER RMNUES 241,640
TOTAL OPERATING REVENUE 7,279,135
BUDGET
FY 2005-06
EXPENSES
STAFFING
INTERDEPARTMENTAL SERVICES
ENCINA PLANT SERVICES
OUTSIDE SERVlCESlMAlNTENANCE
DEPRECIATIONIREPLACEMENT
CAPITAL OUTLAY
MISCELLANEOUS EXPENSES
TOTAL OPERATING EXPENSES
YTD YTD YTD 2004-05 TO PERCENT
12/31/2004 12/31/2005 YTD 2005-06 CHANGE
OPERATING INCOMBLOSS (1,399,229) 144,254 301,854 157,600 109:3%
Revenues
The increase in charges for current services is primarily the result of additional new residential
sewer customers. as well as a 3.85% rate increase that went into effect on August 1, 2005.
Higher interest income is the combination of a 2% increase in the average cash balance for the
year, combined with an 11% increase in the average yield on the portfolio for the first six
months of the fiscal year.
Other revenues reflect a 13% increase, the result of additional engineering overhead charged to the
various sewer projects.
Ex~enses
a Staffing costs reflect increased retirement expenses.
A reduction in engineering service and utility billing expenses charged to sewer operations can
be seen in the lower interdepartmental services.
Encina operating expenses are billed quarterly based upon their annual budget.
Capital outlay expenses reflect the purchase of a pump in the current fiscal year.
The purchase of additional software used in the Public Works maintenance management program
accounts for the higher miscellaneous expenses.
Financial Status Report 11
REDEVELOPMENTAGENCY
CARLSBADREDEVELOPMENTAGENCY
VILLAGE PROJECT AREA
OPERATIONS, DEBT SERVICE AND CAPITAL FUNDS
DECEMBER 31,2005
I CHANGE FROM
REVENUES
PROPERN TAXES
INTEREST
OTHERREVENUES
TOTAL OPERATING REVENUE
BUDGET
M 2005-06
EXPENSES
STAFFING 172,089
INTERDEPARTMENTAL SERVICES 61,270
RENTALS 8 LEASES 158,448
DEBT EXPENSE 1,245,612
CAPITAL OUTLAY 721,194
OUTSIDE SERVICES. MINT 8 MlSC 154.036
TOTAL OPERATING EXPENDITURES 2,513,649
MD YTD YTD 2004-05 TO PERCENT
12/3112004 1213112005 YTD 2005-06 CHANGE
I TOTAL OPEMTING REVENUES OVER EXPENDITURES
Revenues
Assessed values for the year have increased by almost 19% in the Village Redevelopment
Area. Higher property taxes to date are the result of this increase as well as a timing difference
in tax collections.
Increased interest revenue is the result of a higher daily average cash balance combined with
an 11% increase in the yield on the portfolio for the year. . Higher permit and building rental revenues in the current fiscal year are the primary reason for the
increase in other revenues.
Staffing costs through December 2005 are up by 41% from the prior fiscal year. This is the
result of a reallocation of staff salaries within the various sections of the Redevelopment
Agency, normal salary and benefit increases, and a vacant position during a portion of the
previous fiscal year that has now been filled.
Higher interdepartmental charges are the result of increased information technology expenses
related to a reallocation of interdepartmental charges in the prior fiscal year.
Regularly scheduled lease increases account for the increase in rentals and leases.
The decrease in capital outlay is attributable to a new copier purchased last fiscal year.
Outside services, maintenance and miscellaneous expenses have increased due to a contract with the
Community Land Use & Economics Group to perform a retail market analysis of the Village area.
Financial Status Report
Prepared by the Finance Department
September 30,2005
This report summarizes the City of Carlsbad's General fund revenues and expenditures for the first quarter
of the new fiscal year. It compares revenues and expenditures for the first three months of both fiscal
years. In addition, the financial status of the Water and Sanitation Enterprises and the Village Project Area
of the Redevelopment Agency will be addressed. This report is for internal use only. The figures presented
here are unaudited and have not been prepared in accordance with Generally Accepted Accounting
Principles (GAAP).
Carlsbad's revenue trends appear to mirror the San Diego region in general. Therefore, on a monthly basis
this report will provide the most recent economic data for the area: The San Diego County Economic
Indicators. We believe this information provides the reader with some insight on the direction of the local
economy.
SAN DlEGO ECONOMIC INDICATORS
SAN DlEGO COUNTY
ECONOMIC INDICATORS
August 2005
I
Stock Prices
I Index of Leading Economic Indicators I Consumer Confidence I
Building Permits I Help Wanted Advertising 1
Vni*mlty of San DL* Sdml of Buhss Admini& USO lndu @Innbg Emwnrcld-, Oaobs 6,2005.
72
Unemployment Insurance National Economy
Financial Status Report 2
Accordina to the USD lndex of Leadina Economic lndicators Report:
The University of San Diego's lndex of Leading Economic lndicators for San Diego County fell 0.1% in August,
reversing a similarly sized gain in July. Like July, four components - building permits, consumer confidence,
help wanted advertising, and the outlook for the national economy - were down in August, although none of
the declines was particularly steep. On the positive side, initial claims for unemployment insurance showed
significant strength, and there was a slight rise in local stock prices.
August's small decrease broke a modest two-month upturn in the USD lndex of Leading Economic Indicators.
The lndex has flattened out in the last four months, with only small changes in either direction. The outlook for
the local economy is for continued modest growth through the end of the first half of 2006. Potential trouble
spots continue to be the slowing of the housing market, softness in the national economy, and the uncertainty
surrounding the City of San Diego fiscal crisis.
Residential units authorized by building permits are projected to top 17,000 for 2005, down just slightly from
the number for 2004. The trend seen in the first half of the year continues, with multifamily units authorized up
significantly and single family units down. The labor market variables remain mixed. Initial claims for
unemployment insurance have declined significantly over the last four months, which is a positive for the
Index. On the other hand, help wanted advertising declined each month over that same period. The net result
was that the local unemployment rate was 4.3% in August, which was down from 4.4% in July. Local stock
prices matched the overall market trends by increasing in July and bucked them with a modest gain in August.
The trend for consumer confidence remains negative. The moving average for that component has now
dropped for eight consecutive months, although the pace of the decline is slackening a bit. This mirrors the
trend at the national level, where high gas prices; the conflict in Iraq; and concerns about the response to
Hurricane Katrina appears to have damaged the national psyche. The outlook for the national economy
remains cloudy. After a sharp gain in June, the national lndex of Leading Economic lndicators was down in
both July and August. Some of the factors weighing negatively against the national economy are high oil and
gasoline prices, rising short-term interest rates, and the fallout from the hurricanes that hit the Gulf Coast.'
TOP GENERAL FUND REVENUES
wrtv Taxes ($2.1 million) - As the majority of property tax revenue is collected
in December and April each year, the property taxes collected to date are not a good
of what the City will be receiving during the year. The City expects to see a
11.8% increase for the year after accounting for property taxes received in lieu of .Y" vehicle license fees and the City's 'contributionn to the State. According to the most
recent County of San Diego Assessor's Office report, assessed values in Carlsbad have increased by
12.1 % for fiscal year 2005-06.
Sales Taxes ($4.9 million) - For the first quarter of the new fiscal year, sales tax
revenues are $1.1 million (or 18%) lower than the same time period in the previous
fiscal year. Sales tax revenues to date represent actual sales tax receipts for the
second quarter of the calendar year, as well as the first advance of the City's third
quarter sales tax revenues. Advances are based on prior year activity, and are not a *." ' true indicator of the current economy. The receipts have also been impacted by the
"Triple Flip", which reduced the advances by 25%.
For sales occurring in the second calendar quarter of 2005, key gains could be seen in apparel stores,
restaurants, and new auto sales. During the same period, key declines could be seen in retail building
materials, office equipment and miscellaneous retail. The largest economic segments in the City continue
to be new auto sales, department stores, restaurants, apparel stores, and miscellaneous retail. Together,
they generate 68% of the City's sales tax revenues. Excluding one-time payments received as the result of
' Unlversrty of San Diego School of Business Administration. USD lndex of Leading Economic Indicators, 'Leading Economic Indicators Oown
Slightly in August." October 6, 2005.
73
Financial Status Report 3
audit findngs, payments for previous quarters, etc., actual sales tax transactions were up by 5.6% for sale:
occurring in the twelve months ended June 30, 2005 over the same twelve-month period last year,
In this fiscal year, sales taxes are expected to increase by a total of 8%. These projections assume a base
increaseof 5.6% plus additional amounts for new retail sites locating in the City. The base increase would
have been closer to 6.5% if not for the implementation of the "Triple Flip" required under the State's 2003-04
budget.
Transient Occu~ancv Tax ($3.4 million) - Transient Occupancy Taxes (TOT) for
the first three months reflect an increase of $310,000, 10% over the previous year.
A major contributing factor to this increase is the reopening of rooms at the La Costa
Resort and Spa. These rooms were being renovated during the last fiscal year.
Tourism remains strong throughout the other Carlsbad hotels. This, plus a slight
timing difference, resulted in the favorable variance. Year-to-date TOT figures represent taxes collected on
hotel receipts through the month of August 2005.
Develo~rnent-Related Revenues ($1.8 million) - Development-related
revenues, which include building permits, planning fees, building department
fees, and engineering fees, reflect an increase year-to-date. These fees are
paid by developers to cover the cost of reviewing and monitoring development
activities such as plan checks and inspections. The largest development-
related revenue source year-to-date is engineering plan check fees. Some of the activity in September
included the Bluffs condominiums, the Legoland Resort, the Tabata residential subdivision, the Loker
Business Center, the Villages of La Costa developments, ofice buildings in the Carlsbad Research Center,
Palomar Forum and Raceway industrial centers, Bressi Ranch, Emerald Ridge Estates, and the 24-Hour
Fitness corporate headquarters.
Another source of development-related revenue is building permits, up 13% compared to last fiscal year.
The increase in building permit revenue is derived from increases in the valuation of new construction, the
number of building permits issued, and higher building fees. The valuation of new construction in the
current fiscal year is just over $140.4 million, while it was just under $127.8 million in the previous fiscal
year, a 10% increase. In addition, the number of homes permitted in Carlsbad dipped sharply in
September, dropping below 100 units for the second time since January 2005. Builders pulled permits for
41 units in September. All of the 41 units permitted in September were single-family detached dwellings.
Builders will construct most of these homes in the planned communities of the Villages of La Costa and
Blackrail Ridge. For the first quarter of the fiscal year, 376 residential permits were issued, as compared to
410 permits issued during the same period last year.
Carlsbad issued nine permits for new reportable non-residential space for a total of 56,150 square feet.
Year-to-date, there has been a combined 146,296 square feet in commercial/industriaI permits issued, as
compared to 163,726 square feet at this time in fiscal year 2005.
Income from Investments and Propertv ($861.0001 - For the first three months of
the new fiscal year, income from investments and property is up $177,000
compared to the previous year. The increase is the combination of higher interest
income (up 27%) combined with an increase in income from the sale and rental of
City-owned property (up 20%).
Interest income is up due to the combination of two factors. A 15% increase in the average daily cash
balance for the year, combined with an 12% increase in the average yield on the portfolio for the first three
months of the year.
Income from property rentals and sales is up compared to the previous year, primarily due to increased
parking lot rentals at the Farmer's building and additional recreation site rentals.
Financial Status Report 4
Business License Tax ($733,000) - Business license revenues have increased
$182,000, 33% over fiscal year 2005 figures. This increase is attributable to a
timing difference in the annual license tax for two of the City's larger businesses,
as well as an increase in the number of licensed businesses. There are currently
8,079 licensed businesses operating within the City, up 127 licenses from last
year. Of this figure, 5,753 businesses are located in Carlsbad, with 2,426 of these businesses home-based.
Recreation Fees ($687.000) - Recreation fees are generated through
instructional classes, youth and adult sports, the triathlon, and other special
events, day trips, various aquatic programs, and lagoon permits. Year-to-date
recreation fee revenue is $89,000 higher than the previous fiscal year. The
largest factor in this year's increase is the fact that this year's triathlon was held in
July while last year's triathlon was held in June; two different fiscal years (a difference of
$104,000). In addition to the triathlon, the City has seen increased participation in instructional classes,
youth sports and the various aquatics programs. These increases were partially offset by a reduction in
senior triplclass revenues. This reduction is merely a timing difference in the recording of senior triplclass
revenues; a result of recently implementing the CLASS System to register and account for senior programs.
Interdepartmental Charges ($657.000) - Interdepartmental charges are $43,000, or
7% higher than last year. These charges are generated through engineering overhead
charged to capital projects and miscellaneous interdepartmental expenses charged to
funds outside the General fund for services performed by departments within the U General fund. The increase through September is due to an increase in
interdepartmental charges to funds outside the General fund, reflecting an updated cost allocation plan as
well as additional engineering overhead charged to City's various capital projects.
Franchise Taxes ($499.0001 - Franchise fees come from public utility sources
such as San Diego Gas & Electric (SDG&E), trash collection franchises, and
cable franchises conducting business within City limits. Year-to-date franchise
fees are up $17,000 over the same period last year due primarily to an increase
in the quarterly franchise taxes paid by Adelphia for the second quarter of 2005.
Approximately 58% of the total franchise fee revenue anticipated for the year will be collected from SDG&E
during the month of April 2006.
Ambulance Fees 1$363,000] - The City bills any individual who is transported
in one of the City's ambulances. Through September 2005, receipts from
ambulance fees are down 14%, or $59,000 lower than fiscal year 2004-05.
Ambulance fees can fluctuate from month to month based on the number of
calls.
Other Licenses and Permits ($327,000) - Other licenses and permits consist
of plumbing, electrical, mechanical, right-of-way, grading, conditional land use,
lagoon, and other miscellaneous permit revenues. These permits usually
increase along with increases in development activity.
Financial Status Report 5
-- -
ADDITIONAL GENERAL FUND REVENUES
Although the top General fund revenues represent approximately 92% of all General fund revenues, the
City does have some other revenue sources, although much smaller in scale. Each month, we will highlight
other revenue sources to give you some insight as to how these revenues are derived and how they are
doing in the current fiscal year.
Other lnteraovernmental Revenues ($296.0001 - Other intergovernmental
revenues include miscellaneous receipts received from the State or Federal
governments, as well as local school districts. Included in the $296,000
received this year are State library grants, a federal museum grant,
reimbursements for Peace Officer Standards and Training (POST) expenses,
state mandated costs reimbursements, school resource officer reimbursements from the school districts,
and money received from the State of California and County of San Diego for police task force
reimbursements.
Vehicle License Fees ($137.000) - Vehicle License Fees (VLF) have
decreased by $196,000 over 2004-05 figures. VLF collected through
September 2005 represents transactions occurring through August 2005.
The drop in VLF is directly attributable to the actions taken by the State when
they adopted their 2004-05 budget. prior to that time, ihe State had decreased the VLF paid by taxpayers.
Since VLF is a city and county revenue, the State made up the loss of revenue to the cities and counties
through what was known as "backfilling" of the loss with State General fund money. In fiscal year 2004,
faced with large deficits, the State stopped backfilling the cities and counties. In the 2004-05 budget, the
State ended the need to backfill by exchanging approximately two-thirds of this revenue source for more
property taxes. The City began to see a large drop in their VLF in October of 2004, when the lack of
backfilling took full effect.
VLF are collected by the Department of Motor Vehicles and disbursed by the State Controller to the City.
The State taxes motor vehicles in lieu of local property taxes. Registered vehicles include automobiles,
trucks, trailers, and motorcycles.
- -
. - EXPENDITURES
Total General fund expenditures and encumbrances through September 2005 are $34.8 million, compared
to $29.4 million at the same time last year. This leaves $71 -0 million, or 67.1%, available through the fiscal
year-end on June 30, 2006. If funds were spent in the same proportion as the previous year, the General
fund would have 72.6% available. Excluding the transfers out, contingencies, and non-departmental
charges, the percentage available at September 30, 2005 is 71.6%, compared to 76.0% available at
September 30, 2004. Some of the larger factors reflected in the increase in expenditures for the current
year include an increase in retirement and health insurance costs and costs related to the 2005 winter
storms. In addition, several annual contracts were encumbered earlier in the current fiscal year as
compared to the prior fiscal year.
The City Council has allocated $2.3 million out of the General fund budget to be available for unanticipated
emergencies or unforeseen program needs. As of September 30, 2005, the Council has appropriated
$50,000 for an emergency donation to the victims of Hurricane Katrina.
Detailed schedules of General fund revenues and expenditures are provided on the following pages.
Financial Status Report
GENERAL FUND
REVENUE COMPARISON
I
EXPECTED
BUDGET
AS OF 09130105
TAXES
PROPERTY TAX
SALES TAX
TRANSIENTtTAX
FRANCHISE TAX
BUSINESS LICENSE TAX
TRANSFER TAX
TOTAL TAXES
INTERGOVERNMENTAL
VEHICLE LICENSE FEES
HOMEOWNERS EXEMPTIONS
OTHER
TOTAL INTERGOVERNMENTAL
UCENSES AND PERMITS
BUILDING PERMITS
OTHER LICENSES i% PERMITS
TOTAL LICENSES a PERMITS
CHARGES FOR SERVICES
PLANNING FEES 89,311
BUILDING DEPARTMENT FEES 273,273
ENGINEERING FEES 270.778
AMBULANCE FEES 354,750
RECREATION FEES 625,385
OTHER CHARGES OR FEES 252,655
TOTAL CHARGES FOR SERVICES 1,866,153
ACTUAL
M 2005
AS OF 09130104
ACTUAL CHANGE FROM
FY 2006 YTD 2005 TO
AS OF 09130106 YTD 2006
PERCENT
CHANGE -
(OTHER REVENUE SOURCES 187,500 1 322,824 362,667 39,833 12% I
I TOTAL GENERAL FUND
I (1) Cdculated General fund mnu are 0.896 above budget estimates as d Gtember 2005. I
Financial Status Report
=
-.
GENERAL FUND
EXPENDITURE STATUS BY DEPARTMENT
TOTAL AS OF 09130105
BUDGET AMOUNT AVAILABLE %
DEPT DESCRlPTlON M 2006-06 COMMITTED (b) BALANCE AVAILABLE*
POLlCYlLEADERSHlP GROUP
CIN COUNCIL $380,861 $90.807 $270,054 74.8%
CIN MANAGER 1,351,425 286.365 1.065.060 78.8%
COMMUNICATIONS 1,113,861 378,457 735,404 86.0%
CITY CLERK 134,207 60,636 73,571 54.8%
CITY ATTORNEY 1,135,883 260,975 874,908 77.0%
CITY TREASURER 173,113 37,622 135,491 78.3%
TOTAL POUCYlL WERSHIP 4,269,350 1,114,862 3,151,488 73.9%
ADMINISTRATIVE SERVICES
ADMINISTRATION 698,401 190,389 508,012 72.7%
FINANCE 3,025.876 856.119 2,169,757 71.796
HUMAN RESOURCES 2,433,150 686.885 1,746,265 71.8%
RECORDS MANAGEMENT 829,653 161,429 648,224 78.1%
TOTAL ADMINISTRATIVE SERVICES 6,987,080 1,814,822 5,072,258 726%
PUBLIC SAFETY
POLICE 22,323,657 6.156.156 16,167.501 72.4%
FIRE 13.656.731 3.482.563 10,174,168 74.5%
TOTAL PUBLIC SAFETY 35,980,388 9,638,719 26,341,669 73.2%
COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT ADMlN 848.634 238.983 609.651 71.8%
HIRING CENTER 85.004 82,266 2,738 3.2%
GEOGRAPHIC INFORMATION 321.692 145,642 176,050 54.7%
ECONOMIC DEVELOPMENT 233,979 47.355 186.624 79.8%
COMMUNIW PROMOTION (CCVB) 257.273 169.334 87,939 34.2%
PLANNING 3,612,436 980,322 2,632,114 72.9%
BUILDING 2,067,792 795,903 1,271,889 61 5%
TOTAL COYMUNrrY DEVELOPMENT 7,426,810 2,469,805 4,967,005 66.9%
COMMUNITY SERVICES
PARK PLANNING 8 RECREATION 5,353.726 1,284,269 4.069.467 76.0%
SENIOR PROGRAMS 915,887 336,080 579,807 63.3%
LIBRARY 9,142,937 2,776,141 6,366,796 69.8%
CULTURAL ARTS 814,257 213,587 600,690 73.8%
TOTAL COMMUNITY SERVICES 16,226,807 4,610,047 11,618,760 71.6%
PUBLIC WORKS
PUBLIC WORKS ADMINISTRATION 970.458 210,730 758,728 78.3%
ENGINEERING 7,195,381 2,346,695 4,848,686 67.4%
PARKS 4,748,731 1,206,181 3,542,550 74.6%
STREETS 8 TRAFFIC SIGNALS 3,907,102 1,106.066 2.801.036 71.7%
FACILITIES 3,357,447 1.294.458 2,062.989 61.4%
TOTAL PUBLIC WORKS 20,179,119 6,164,130 14,014,989 69.5%
NON-DEPARTMENTAL (L CONTINGENCY
OTHER NON-DEPARTMENTAL (a) 8,615,882 3,262,152 3,353,530 50.7%
TRANSFERS OUT 5,875,000 5,850,000 225,000 3.8%
CONTINGENCY 2,250,000 0 2,250,000 100.0%
TOTAL NON-DEPT a CONT~NGENCY 14,740,682 8,912,152 6,828,630 39.6%
TOTAL GENERAL FUND $105,810,236 $34,814,637 $70,995,698 67.1%
(a) Other nonslepartmental expenses lndude property tax admlnlstratlon fees, assessment dlstrict administration, dtywide litigation expenses,
2005 ston damage costs and other items not attributed to a specilk department.
(b) Total cornmined indudes expenditures and encumbrances.
Amount available would be 72.6% if funds were spent in the same proportion as the previous year.
Financial Status Report
WATER ENTERPRISE
WATER OPERATIONS FUND
SEPTEMBER 30,2005
REVENUES
WATER SALES 14,031,199
CHARGES FOR CURRENT SERVICES 4,000,620
PROPERTY TAXES 2,032,029
FINES, FORFEITURES & PENALTIES 255,000
INTEREST 552,423
OTHER REVENUES 705,828
TOTAL OPERATING REVENUE 21,577,099
BUDGET
FY 2005-06
EXPENSES
STAFFING
INTERDEPARTMENTAL SERVICES
PURCHASED WATER
MWD/CWA FIXED CHARGES
OUTSIDE SERVICESIMAINTENANCE
DEPRECIATIONJREPLACEMENT
CAPITAL OUTLAY
MISCELLANEOUS EXPENSES
TOTAL OPERATING EXPENSES
CHANGE FROM
YTD YTD Yl'D 2004-05 TO PERCENT
09130J2004 09/30/2005 YTD 2005-06 CHANGE
OPERATING INCOMW(L0SS) (1,014,939) 770,452 456,661 (313,791) 40.7%
Revenues
Efforts to work with our customers to ensure the timely payment of utility bills are reflected in
the reduction in fines, forfeitures and penalties.
The increase in interest income is the combination of an 8% increase in the average daily cash
balance and a 12% increase in the average yield on the portfolio for the first quarter of the
fiscal year.
The drop in other revenues is the result of a timing difference in recording agricultural water credits
received from the San Diego County Water Authority (SDCWA) as well as a reduction in the recording of
engineering labor charged to water projects. Last year, the amount of labor charged to the recycled water
phase II project was much higher, whereas this year, the project is nearing completion.
Although the Enterprise has experienced higher retirement and health insurance costs, current
year vacancies have created a reduction in staffing expenses year-to-date.
Interdepartmental expenses reflect additional fleet maintenance costs, the result of an aging
fleet of water vehicles.
A 9% rate increase by SDCWA that went into effect on January 1, 2005 is the leading
contributor to the increase in purchased water costs.
Outside services and maintenance expenses are up due to increased corrosion control, water sampling
and landscaping costs.
Higher meter expenses last fiscal year associated with the rapid rate of new home development that was
occurring at that time, led to a reduction in miscellaneous expenses in the current fiscal year.
Financial Status Report 9
SANITATION ENTERPRISE
SEWER OPERATIONS FUND
SEPTEMBER 30,2005
REVENUES
CHARGES FOR CURRENT SERVICES 6,843,212
INTEREST 194,283
OTHERREVENUES 241,640
TOTAL OPERATING REVENUE 7,279,135
BUDGET
N 2005-06
EXPENSES
STAFFING
INTERDEPARTMENTAL SERVICES
ENCINA PLANT SERVICES
OUTSIDE SERVICES/MAINTEWNCE
DEPRECIATIONIREPLACEMENT
CAPITAL OUTLAY
MISCELLANEOUS EXPENSES
TOTAL OPERATING EXPENSES
CHANGE FROM
YTD YTD YTD 2004-05 TO PERCENT
0913012004 0913012005 YTD 2005-06 CHANGE
OPERATING INCOMEILOSS (585.041) 105,433 109,981 4,548 4.3%
Revenues
The increase in charges for current services is primarily the result of an additional 2,975 new
residential sewer customers during the past twelve months, as well as a 3.85% rate increase
that went into effect on August 1,2005.
Higher interest income is the combination of a 16% increase in the average cash balance for
- - the year, combined with a 12% increase in the average yield on the portfolio for the quarter of
the fiscal year.
Other revenues reflect a 21% decrease, the result of a reduction in various reimbursements received in
the prior fiscal year.
Expenses
Staffing costs reflect increased retirement expenses partially offset by several vacancies
created by recent retirements.
Encina operating expenses are billed quarterly.
Expenses associated with minor sewer line repairs last fiscal year, including the Avenida
Encinas Sewer rehab project, are reflected in the reduction in outside services/maintenance.
Additional parts needed for repair work, accounts for higher miscellaneous expenses.
Financial Status Report
REDEVELOPMENT AGENCY
CARLSBAD REDEVELOPMENT AGENCY
VILLAGE PROJECT AREA
OPERATIONS, DEBT SERVICE AND CAPITAL FUNDS
SEPTEMBER 30,2005
BUDGET
FY 2005-06
REVENUES
PROPERW TAXES
INTEREST
OTHER REVENUES
TOTAL OPERATING REVENUE
EXPENSES
STAFFING 166,689
INTERDEPARTMENTAL SERVICES 61,270
RENTALS 8 LEASES 1 59.448
DEBT EXPENSE 1,245,612
CAPITAL OUTLAY 6.194
OUTSIDE SERVICES. MAINT 8 MlSC 154.036
TOTAL OPERATING EXPENDITURES 1,793,249
CHANGE FROM
YTD YTD YTD 2004-05 TO PERCENT
0913012004 0913012005 YTD 2005-06 CHANGE
Revenues
Assessed values for the year have increased by almost 19% in the Village Redevelopment
Area. The first installment will be received in October 2005.
Interest revenue is up due to the combination of a 14% decrease in the average daily cash
balance and a 12% increase in the average yield on the portfolio for the first quarter of the
fiscal year.
Higher permit revenues in the current fiscal year is the primary reason for the increase in other revenues.
Expenditures
Staffing costs through September 2005 are up by 66% from the prior fiscal year. This is the
result of a reallocation of staff salaries within the various sections of the Redevelopment
Agency, normal salary and benefit increases, and a vacant position at this time last year that
has now been filled.
Higher interdepartmental charges are the result of increased information technology expenses
related to a reallocation of interdepartmental charges in the prior fiscal year.
Regularly scheduled lease increases account for the increase in rentals and leases.
The decrease in capital outlay is attributable to a new copier purchased last fiscal year.
Outside services, maintenance and miscellaneous expenses have increased due to a contract with the
Community Land Use & Economics Group to perform a retail market analysis of the Village area.
CITY OF CARLSBAD
Balance Sheet
Governmentd Funds
June 30,2003
Redevelopment Bridge and
General Debt Thoroughfare
ASSETS Fund Service Funds Districts
Cash and investments $ 61,078,565 $ 2,046,726 $ 5,546,540
Receivables:
Taxes
Accounts, net
Other
Due from other funds
Due from other governments
Inventories
Prepaid items
Restricted cash and investments
Loans receivable
Deposits
Advances to other funds
Total assets
LIABILITIES AND FUND BALANCES
Liabilities:
Accrued liabilities $ 4,958,341 $ - $ 222,487
Due to other funds - -
Deposits payable 155,894 - -
Due to other governments - 42,106 -
Advances from other funds 13,070,949 5,483,344
Deferred revenue 10,068,374 -
Total liabilities 15,182,609 13,113,055 5,705,831 .
Fund balances:
Reserved
Designated, reported in:
General Fund
Special Revenue Funds
Capital Project Funds
Undesignated, reported in:
General Fund
Special Revenue Funds
Debt Service Fun&
Capital Project Funds
Total fund balances 71,136,883 (1 1,039,854) 3,037,117
Total liabilities and fund balances S 86,319,492 $ .2,073,201 S 8,742,948
The notes to the financial statements are an integral part of this stntmt.
82
Community General Public Other Total
Facilities Capital Facilities Governmental Governmental
District No. 1 Construction Construction Funds Funds
$ 33,869,062 $ 48,494,326 $ 34,582,534 $103,391,222 $289,008,975
CITY OF CARLSBAD
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Assets
June 30,2003
Total fund balances - governmental funds. $297,190,624
Amounts reported for governmental activities in the statement of net assets are different because:
Capital assets used in governmental activities are not financial resources, and
therefore are not reported in the funds.
Governmental funds
Internal service hds
Total capital assets
Internal service funds are used by management to charge the costs of fleet
management, health insurance, information technologies, records management,
risk management and workers' compensation to individual hds. The assets
and liabilities of the internal senice hds are included in governmental
activities in the statement of nej assets.
Total internal service fund net assets
Internal service fund net assets included as part of total capital assets
Intemal service fund net assets included as part of long-term liabilities
Internal service find net assets less capital assets
Accrued interest is not due and payable in the current period, and therefore
is not reported in the funds.
Interest receivable on advances to other funds is not a current financial
resource, and therefore is not recognized as revenue in the funds until received.
A portion of'the taxes receivable are not available to pay for current-period
expenditures and; therefore, are deferred in the funds.
Long-term liabilities, including bonds payable, are not due and payable
in the current period, and therefore are not reported in the funds.
Governmental funds
Internal service funds
Total long-term liabilities
Net assets of governmental activities.
The notes to the financial statements are an integral part of this statement.
CITY OF CARLSBAD
Balance Sheet
Governmental Funds
June 30,2004
Redevelopment Bridge and
General Debt Thoroughfare
ASSETS Fund Service Funds Districts
Cash and investments $ 71,632,522 $ 2,958,826 $ 7,008,960
Receivables:
Taxes
Other
Accounts, net
Due &om other funds
Due from other governments
Inventories
Prepaid items
Restricted cash and investments
Loans receivable
Deposits
Advances to other funds
LIABILITIES AND FUND BALANCES
Liabilities:
Accrued liabilities . J6 3,477,383 $ - $ 7.984
Due to other fmds
Deposits payable
Due to othdr governments
Advances f?om otha finds
Deferred revenue
Total liabilities
Fund balances:
Reserved
Urnmad:
Designated, reported in:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Undesignated, reported in:
Oeneral Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Total fund balances 84,057,548 (1 0,469,907) 23 17,632
Total liabilities and faad balances
The notes to the financial statements are an integral part of this etaternent
8 5
Community Gend Public Other Total
Facilities Capital Facilities Governmental , Governmental
District No. 1 Construction Construction Funds Funds
S 38,215,658 S 48,402,891 S 37,202,142 % 119,138,842 S 324,559,841
CITY OF CARLSBAD
Reconciliation of tbe Balance Sheet of Governmental Funds
to the Statement of Net Assets
June 30,2004
Total fund balances - governmental funds. $ 329,718,418
Amounts reported for governmental activities in the statement of net assets are different because:
Capital assets wed in governmental activities are not financial resources and,
therefore, are not reported in the funds.
Governmental funds
Internal service funds
Total capital assets
Internal service funds are used by management to charge the costs of fleet
management, self insured benefits, information technologies, records management,
risk management and workers' compensation to individual funds. The assets
and liabilities of the internal service funds are included in governmental
activities in the statement of net assets.
Total internal service fund net assets
Internal service fund net assets included as part of total capital assets
Intml service fund net assets included as part of long-term liabilities
Intemal service fund net assets less capital assets
Accrued interest is not ,due and payable in the current period and, therefore,
is not reported in the funds.
Interest receivable on advances to other funds is not a current financial
resource and, therefore, is not recognized as revenue in the funds until received.
A portion of the taxes receivable are not available to pay for current-period
expenditures and, therefore, are defmed in the funds.
Long-term liabilities, including bonds payable, are not due and payable
in the current period and therefore, are not reported in the funds.
Governmental funds
Internal service hds
Total long-term liabilities
Net assets of govanmental activities.
The notes to the fmancial statements are an integral part of this statement.
CITY (1CARISBU)
Jane 341)05
Redevelopment hemnent Bridge as
General Debt and Other Thomugbf
ASSETS Fund service Funds Districts Districts
~vestmants S 85,055,541 S 1,554,057 S 32,169,653 S 7,922,71
ReceivaYo:
Taxes
Other
AccoJI, net
Due frobdher funds
Due frondher
Invmtcd
Repaid-
Rescrictdcash and investments
Loans reclrh9ble
Total wets
LLQBllJRES AND FUND BALANCES
Liabilities
~ccrud liabilities S 4,175,784 S - S 5,783 $ 492
Due todber fuMis
Daposia payable
Due to dber igwemments
Advanm fran other finrds
Defd~evcnue
Fund balancCS:
Reservad
ud:
Desiptcd, reparted in:
Gcmd mld
Spaoial&vcnue Funds
Dew suvicc Funds
cqlid Roject Fuads
Total IbblUtia md fund balances
The notes to the financial statements an an integral part of this statement
8 8
Community Genera) Public Rancho Santa Other Total
Facilities Capital Facilities Fe Road Governmental Governmental
District No. 1 Gmstmction Construction Project Funds Funds
S 45,136,300 S 49,953,725 S 40,096,627 S 16,401,484 S 89,027,343 S 367,317,436
CITY OF CARLSBAD
ReconcWatlon of the Balance Sheet of Governmental Funds
to the Statement of Net Asads
June 30,2005
Total fund balances - governmental funds. $ 374,403,687
Amounts repod for governmental activities in the statement of net assets are different because:
Capital assets used in gov~mmental activities are not financial resources and,
therefore, are not reported in the funds.
Govmental funds
Internal service funds
Total capital assets
Internal service funds are used by management to charge the costs of fleet
management, self insured benefits, information technologies, records management,
risk management and workcg' compensation to individual funds. The assets
and liabilities of the internal service hnds are included in governmental
activities in the statement of net assets.
Total internal service fund net assets
Internal senice fund net assets included as part of total capital assets
Internal service fund net assets less capital assets
~mcd interest is not due and payable in the current period and, therefore,
is not rcportcd in the funds.
Retentions payable are not due and payable in the current period and, therefore,
are not reported in the funds.
Interest receivable on advances to other funds is not a current financial
resource and, therefore, is not recognized as revenue in the funds until received.
A portion of the taxes receivable is not available to pay for anreat-period
expenditurea and, therefon, is defd in the funds.
A portion of accounts nceiMbles are not available to pay for current-pcriod
expenditures and, therefore, is defnnd in the funds.
Long-tenn liabilities, including bonds payable, are not due and payable
in the currmt period and, therefore, are not reported in the funds.
Governmental funds
Net assets of governmental activities.
The notes to the financial statements ari an integral part of this statement.
CITY OF CARLSBAD
Statement of Activities
For the Year Ended June 30,2003
Program Revenues
Operating Capital
Charges for Grants and Grants and
Functions/hograms Expenses Services Contributions Contributions
Primary government:
Governmental activities:
General government $ 8,517,581 $ 749,616 $ 687,856 $ 80,865
Public safety 27,747,646 3,269,323 229,349 29,577
Community development 12,004,364 4,26 1,402 6,444,795 1,182,337
Community services 14,537,925 2,085,740 921,788 2,044,903
Public works 16,825,872 6,668,08 1 1,855,182 41,842,602
Interest on long-term debt 1,048,264 -
Total governmental activities 80,68 1,652 17,034,162 10,138,970 45,180,284
Business-type activities:
Carlsbad Municipal Water District 19,261,199 18,275,590 1,209,3 3 5 12,399,506
Golf course 93,341 - ..
Sewer 6,103,668 6,286,2 16 7,139,549
Solid waste 218,014 868,033 57,861 -
Total business-type activities 25,676,222 25,429,839 1,267,196 19,539,055
Tstal primary government $ 106,357,874 $ 42,464,001 $ 11,406,166 $ 64,719,339
General revenues:
Property taxes
Sales and use taxes
Transient occupancy taxes
Franchise taxes
Business license taxes
Real property transfer taxes
Vehicle license fees
Homeowners exemptions
Income from property and investments
Gain on sale of capital assets
Other general revenues
Transfers
Total general revenues and transfers
Change in net assets
Net assets at beginning of year
Net assets at end of year
The notes to the financial statements are an integral part of this statement.
Net Revenue (Expense) and
Changes in Net Assets
- -
Primary Government
Governmental Business-type
Activities Activities Total
CITY OF CARLSBAD
Statement of Actlvtties
For the Year Ended June 30,2004
FunctionsPrograms
Primary government:
Governmental activities:
General government
Public safety
Community development
Community services
Public works
Interest on long-term debt
Total governmental activities
Business-type activities:
Carlsbad Municipal Water District
Golf course
Sewer
Solid waste
Total business-type activities
Total prlmary government
Program Revenues
Operating Capital
Charges for Grants and Grants and
Expenses Senices Contributions Contributions
General revenues:
Prm taxes
Sales and use taxes
lhsient occupancy taxes
Franchise taxes
Business license taxes
Real property transfer taxes
Vehicle license fees
Homeowners exemptions
Income fiom property and investments
Other general revenues
Transfers
Total general revenues and transfers
Change in net assets
Net assets at beginning of year
Net assets at end of year
The notes to the financial stat&ts are an integral part of this ntatnnmt
Net Revenue (Expense) and
Changes in Net Assets
Primary Government
Governmental Business-type
Activities Activities Total
CITY OF CARLSBAD
Statement of ActhMu
For the Yeu Ended June 30,2005
Ro- Revenues
mting Capital
Charges for Grants and Grants and
FunctiondPrograms Expenses Services Contributions Contributions
Primary government:
Governmental activities:
Public safely 34,366,093 3,232,000 280,908 -
Community development 14,362,6 10 5,934,071 9,083,968 1,016,867
Community services 16,033,363 2,292,308 8 17,995 1,695,188
Public works 22,064,209 4,632,75 1 1,790,638 70,237,178
Interest on long-term debt 1,013,773 - -
Total governmentd &vitics 99,192,941 17,016,819 12,817,285 74,413,949
Businem-type activities:
Carisbad Municipal Water District 2 1,422,207 18,787,973 489,722 12,816,187
Golf course 25,344 -
Sewer 7,234,986 6,378,446 - 4,306,090
Solid waste 1,488,109 2,348,266 18,504 -
TOW businektype activities 30,170,646 27,s 14,685 508,226 17,122,277
TOW primary government
General revenues:
Ropaty-es
Sales and use taxes
Transiart occuplcy taxes
Franchise taxes
Business licease taxes
Real property transfer taxes
Intergovernmental, unrestricted
Homeowners exemptions
Income from property and investments
Gain (loss) on sale of capital assets
Other general revenues
Tl-ans5ers
Total general mvenues and transfers
Change in net assets
Net assets at beginning of year
Net assets at end of year
The notes to the financial scatanbnts ere an integral part of this statanart.
Net Revenue (Expense) and
Changes in Net Assets
Primary Govcnunent
Governmental Business-type
Activities Activities Total
CITY OF CARLSBAD
Statement of Cash Flows
Proprietary Funds
For the Year Ended June 30,2003
Business-type Activities -
Carlsbad
Municipal Golf
Water District Course Sewer
Cash flows from operating activities:
Receipts from customers and users
Payments to suppliers
Payments to employees
Internal activity - payments to other funds
Claims paid
Other receipts (pa'pents)
(Decrease) in deposits payable
Net cash provided by (used in) operating activities 2,834,467 (98,107) 2,292,269
Cash flows from noncapital financing activities:
Operating subsidies and transfers to other funds 600,000 -
Cash flows from capital and related financing activities:
Capital contributions 4,548,36 1 4,371,070
Purchases of capital assets (9,813,345) (44,842) (2,966,456)
Principal paid on capital debt (1,233,874) (177,912) (495,000)
Interest and other fees paid (1 88,382) (427,334)
Property taxes received 1,69 1,624 - -
Net cash provided by (used in) capital and
related financing activities
Cash flows from investing activities:
Interest on investments
Net increase in cash and cash equivalents 391,233 404,369 5,702,112
Cash and cash equivalents at beginning of year 52,548,12 1 2,015,487 58,388,657
Cash and cash equivalents at end of year $ 52,939,354 $ 2,419,856 $ 64,090,769
?he notes to the financial statements are an integral part of this statement.
Enterprise Funds Governmental
Activities -
Internal
Solid Waste Totals Service Funds
(Continued)
CITY OF CARLSBAD
Statement of Cash Flows
Proprietary Funds (Continued)
For the Year Ended June 30,2003
Business-type Activities -
Carlsbad
Municipal Golf
. Water District Course Sewer
Reconciliation of operating income (loss) to net cash
provided by operating activities:
Operating income (loss)
Adjustments to reconcile operating income to net cash
provided by operating activities:
Depreciation and amortization
Change in assets and liabilities:
(Increase) decrease in receivables
(Increase) decrease in inventories
(Increase) in prepaid items
(Decrease) in accrued liabilities
Increase in due to other governments
Inqease in estimated claims payable
(Decrease) in deposits payable
Net cash provided by (used in) operating activities $ 2,834,467 $ (98,107)
Noncash capital financing activities:
Capital assets contributed by other sources
Reconciliation of cash and cash equivalents to amounts
reported on the balance sheet:
Reported on the balance sheet:
Cash and investments S 52,938,871 S 2,419,856 $ 64,076,138
Restricted assets:
Cash and investments 740,483 954,2 12
Less investments not meeting the definition of cash
equivalents:
Investment contracts (740,0@3) (939,581)
Cash and cash equivalents at end of year
The notes to the financial statements are an integral part of this statement.
Enterprise Funds Governmental
Activities -
Internal
Solid Waste Totals Service Funds
CITY OF CARLSBAD
Statement of Net Assets
Fiduciary Funds
June 30,2003
Total
Agency
ASSETS Funds
Current Assets:
Cash and investments
Taxes receivable
Accrued interest
Total current assets
Restricted Assets:
Cash and investments 4,017,696
Total assets $ 19,398,356
LIABILITIES.
Accounts payable
Total labilities
NET ASSETS
Held in trust for contractors, bondholders and other purposes $ 19,373,494
The notes to the financial statements are an integral part of this statement.
CITY OF CARLSBAD
Statement of Cash Flows
Proprietary Funds
For the Year Ended June 30,2004
Cash flows from operating activities:
Receipts from customers and users
Payments to suppliers
Payments to emp10yees
Intemal activity - payments to other funds
Claims paid
Other re~eipt.6
Increase in deposits payable
Net cash provided by operating activities
Cash flows from noncapital financing activities:
Operating subsidies and transfers to other funds
Cash flows from capital and related financing activities:
Capital contributions
Pwchascs of capital assets
Principal paid on capital debt
Interest and other fees paid
Property taxes kived
Net cash (used in) capital and related financing
activities
Cash flows from investing activities:
Interest on investments
Net increase (decrease) in cash and cash equivalents
Cash and cash equivalents at beginning of year
Cash and cash e~uivalents at end of year
Business-type Activities -
Carlsbad
Municipal Golf
Water District Course Sewer
The notes to the financial statmmts are an integral part of this statement.
. .
Enterprise Funds Governmental
Activities -
Internal
Solid Waste Totals Service Funds
(Continued)
Statement of Cash Flows
Proprietary Funds (Continued)
For the Year Ended June 30,2004
Business-type Activities -
Carlsbad
Municipal Golf
Water District Course Sewer
Reconciliation of operating income (loss) to net cash
provided by operating activities:
Operating income (loss) $ (575,449) S (53,916) $ (190,030)
Adjustments to reconcile operating income (loss) to
net cash providcd by (used in) operating activities:
Depreciation and amortization
Change in assets and liabilities:
(Increase) decrease in receivables (2 12,005) 64,145
(Increase) in inventories
Decrease in prepaid items
(Decrease) increase in accrued liabilities
Increase in due to other governments
Increase in estimated claims payable
Increase in deposits payable 22,63 1 - 58,752
Net cash provided by opkrating activities $ 1,106,989 S 239,467 $ 2,494,193
Noncash capital financing activities:
Capital assets contriiuted by other sources
Reconciliation of cash and cash equivalents to amounts
reported on the balance sheet:
I Reported on the balance sheet: - - Cash and investments $ 50,849,981 $ 2,095,546 $ 66,079,465
Restricted assets:
Cash and investments - 953,706
Less investments not .meting the definition of cash
equivalents:
Investment contracts .
Cash and cash equivalents at end of year S 50,849,981 $ 2,095,546 $ 66,093,165
The notes to the, financial statements =,an mtegral part of this statement.
Enterprise Funds Governmental
Activities -
Internal
Solid Waste Totals Senice Funds
CITY OF CARLSBAD
Statement of Fiduciary Assets and Liawlities
Agency Funds
June 30,2004
ASSETS
Current assets:
Cash and investments f . 17,495,367
Other receivables 40.135
Totat current assets
Restricted assets:
Cash and investments
Accrued interest
Total restricted assets
Total assets S 22,375,744
LIABILITIES
Accrued liabilities $ 396,737
Deposits held for others
Total IiabMties S 22,375,744
The notes to the financial statements are an integral part of this statement.
CITY OF CARLSBAD
Statement of Cub Flows
Proprietary ha&
For the Year Ended June 30,2005
Cash flows fiom operating activities:
Receipts from customers and users
Payments to suppliers
Payments to employees
Internal activity - payments to other funds
Claims paid
other receipts (payments)
Increase (decrease) in deposits payable
Net cash provided by operating activities
Cash flows from noncapital financing activities:
Operating subsidies and transfers to other funds
Cash flows fiom capital and related financing activities:
Capital contributions
Purchases of capital assets
Principal paid on capital debt
Interest and other fees paid
Property taxes redeived
Net cash (used in) capital and related financing
activities
Cash flows fiom investing activities:
Interest on investments
Net increase (decrease) in cash and cash equivalents
Cash and cash equivalents at beginning of year
Cash and cash equivalents at end of year
Business-type Activities -
Carlsbad
Municipal Golf
Water District Course Sewer
The notes to the financial statements arc an integral part of this statement.
Enterprise Funds Governmental
Activities -
Internal
Solid Waste Totals Service Funds
(Continued)
crm OF CARLSBAD
Statement of Cub Flows
Proprlctuy Fun6 (Continued)
For the Yeu Ended Jane 30,2005
Business-type Activities -
Carlsbad
Municipal Golf
Water District Course Sewer
Reconciliation of operating income (loss) to net cash
provided by operating activities:
Operahng income (loss) 0 (2,082,020) S (25,344) % (341,000)
Adjustments to reconcile opexating income (loss) to
net cash provided by (used in) operating activities:
Depreciation and amortization
Change in assets an? liabilities:
(Increase) dea&e in receivables
(Increase) in inventories ,
Decrease in prepaid items -
(Decrease) increase in accrued liabilities
lncrease in due to other governments
Increase in estimuted claims payable
, Increase in deposits payable (3,478) 106,824
Net cash provided by operating activities S 723,316 S (5,132) . $ 1,190,572
Noncash capital financing activities:
Capital assets contributed by other sources
Reconciliation of cash and cash equivalents b amounts
rcporkd on the balance sheet:
Reported on the balnncc sheet:
Cash and investments
Restnicted aurets:
Cash and investments
Less investments not meeting the definition of cash
equivalents:
Investment contracts
Cash and cash equivalents at end of year S 53,208,003 S 782,834 $ 62,855,074
The notes to the financial statmmts are an integral part of this statement.
Enterprise Funds Governmental
Activities -
Intemal
Solid Waste Totals Service Funds
CITY OF CARLSBAD
Statement of Fiduciary Assets and L1abWtie.s
Agency Funds
June 30,2005
ASSETS
Current assets:
Cash and investments S 22,614,7
Other receivables
TOM current assets
Restricted dssets:
Cash and investments
Accrued interest .
Total restricted assets
Total assets S 30,045,87
LIABILITIES
Accrued liabilities S 3,105,47.
Deposits held for others
Total liabllitles
The notes to the financial statements are an integral part of this ment.
Certified Public Accountants
Independent Auditor's Report
The Honorable Mayor and Members
of the City Council
City of Carlsbad
Carlsbad, California
We have audited the accompanying financial statements of the governmental activities, the business-type activities, each
major hd, and the aggregate remaining fund information of the City of Carlsbad, California (the City), as of and for the year
ended June 30,2003, which colledively comprise the City's basic financial statements as listed in the accompanying table of
contents. These financial statements are the responsibility of the City's management. Our responsibility is to express an
opinion on these basic financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the
standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the
United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the
financial -ts are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used in the
significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that
our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial
position of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund
information of the City of Carlsbad, California, as of June 30,2003, and the respective changes in financial position and the
cash flows, whae applicable, thereof and the respective budgetary comparison for the General fund for the year then ended in
conformity with accounting principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated September 30,2003 on our
consideration of the City of Carlsbad's internal control over financial reporting and our tests of iis compliance Hiith certain
provisions of laws, ~gulations, contracts and grants. That report is an integral part of an audit performed in accordance with
Govemment Auditing Standards and should be read in conjunction with this report in considering the results of our audit.
The management's discussion and analysis and supplementary information on pages 17 to 28 and 84 to 109, are not a required
p$ of the basic financial stateinents but are supplementary information required by the Governmental Accounting Standards
Board. We have applied certain limited procedures, which consisted principally of inquiries of management &garding the
methods of measurement and presentation of the supplementary infonnation. However, we did not audit the information and
express no opinion on it.
Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the
City's basic financial statements. The accompanying combining statements and schedules of annual debt service requirements,
listed in the table of contents as suppleinentary information, are been subjected to the auditing procedures applied in the audit
of the basic financial statements and, in our opinion, is fairly stated, in all presented for purposes of additional analysis and are
not a required part of the basic financial statements. This infonnation has material respects, in relation to the basic financial
statements taken as a whole. The letter of transmittal and statistical tables have not been subjected to the auditing procedures
applied in.the audit of the basic financial statements and, accordingly, we express no opinion on them.
. .
San Diego, California
September 30,2003
McGlednybRdbn,UPIsmhdspsndant~ffrmof
. - RSM IntamaUmal, en alAlalkn dhdepsndentaccWn&o
and msu#nOfinw.
McGladrey & Pullen
Certified Publk Acaountank
independent Auditor's Report
The Honorable Mayor and
Members of the City Cbuncil
City of Carlsbad, California
We have audited the accompanying financial statements of the govemmental activities, the business-type activities,
each major fund and the aggregate remaining fund information of the City of Carlsbad, California, (the City) as of and
for the year ended June 30,2004, which collectiveiy comprise the City's basic financial statements, as listed in the
table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to
express an opinion qn these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States of America
and the standards applicable to financial audits contained in Government Auditing Standanls, issued by the
Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit
also includes assessing the accounting principles used and significant estimates made by management, as well as
evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our
opinions.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective
financial position of the govemmental activities, the business-type activities, each major fund and the aggregate
remaining fund information of the City as of June 30,2004, and the respective changes in financial position and cash
flows, where applicable, thereof and the respective budgetary comparison for the General fund for the year then
ended, in conformity with accounting principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated September 30,2004 on
our consideration of the City's internal control over financial reporting and our tests of its compliance with certain
provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to
describe the scope of our testing of internal control over financial reporting and compliance and the results of that
testing, and not to provide an opinion on the intemal control over financial reporting or on compliance. That report is
an integral part of an audit performed in accordance with Government Audifing Standards and should be considered
in assessing the results of our audii.
The Management's Discussion and Analysis as listed in the table of contents is not a required part of the basic
financial statements but is supplementary information required by accounting principles generally accepted in the
United States of America. We have applied certain limited procedures, which consisted principally of inquiries of
management regarding the methods of measurement and presentation of the required supplementary information.
However, we did not audit the information and express no opinion on it.
Our audii was conducted for the purpose of forming opinions on the financial statements that collectively comprise
the Cis basic flnandal statements.' The combining and individual nonmajor fund financial statements and other
schedules, listed in the table of contents as supplementary information, are presented for purposes of additional
analysis and are not a required part of the basic financial statements. Such information has been subjected to the
auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all
material respects, in relation to the basic financial statements taken as a whole.
The accompanying introductory and statistical sections, as listed in the table of contents, are presented for purposes
of additional analysis and are not a requlred part of the basic financial statements. This information has not been
subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we
express no opinion on it.
San Diego, California
September 30,2004
Independent Auditor's Report
The Honorable Mayor and
Members of the City Council
City of Carlsbad, California
We have audited the ~~panying financial statements of the governmental activities, the business-type activities,
each major fund and the aggregate remaining fund information of the City of Carlsbad, California, (the Ci) as of and
for the year ended June 30,2005, which collectively comprise the City's basic financial statements as listed in the
table of contents. These fimcbl statements are the responsibility of the Cis management Our responsibility is to
express opinions on these financial statements based on our audii.
We conducted our audit in gccordance with auditing standards generally accepted in the United States of America
and the standards applicable to financial audits contained in Government Audibng Standards, issued by the
Comptrdler General of the United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material misstatement. An audit includes
examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit
also includes assessing the a~m~nting principles used and significant estimates made by management, as well as
evaluating the overall financial statement Presentation. We believe that our audit provides a reasonable basis for our
opinions.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective
financial position of the governmental activities, the business-type activities, each major fund and the aggregate
remaining fund information d the City as of June 30,2005, and the respective changes in financial position and cash
flows, where applicable, thereof and the respective budgetary comparison for the General Fund for the year then
ended, in conformity with ~c~oundng prindpies generally accepted in the United States of America.
In accordance with Gowmment AudRing St~y)dar&, we have also issued our report dated October 7,2005 on our
consideration of the City's Memd conbol over financial repording and our tests of its compliance with prtain .
provisions of laws, regulations, contra&, grant agreements and other matters. The purpose of that report is to
describe the scope of our testing of internal control over financial mporting and compliance and the results of that
ta'ng, and not to- provide an opinion on the internal control over financial reporting or on compliance. That report is
an integral part of an audit performed in accordance with Gomment Aud#ing Standards and should be considered
in assessing the results of our audit.
The Managements Discussion and Analy~is, as Listed in the table of contents, is not a required part of the basic
financial statements but is supp~ementary information required by accounting principles generally accepted in the
United States of America. We have applied certain limited procedures, which consisted principally of inquiries of
management regarding the n-tethods of measurement and presentation of the required supplementary information.
However, we did not audit the information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise
the City's basic flnandal ~tatement~. The combining and individual nonrnajor fund financial statements and other
schedules, listed in the table of contents as supplementary information, are presented for purposes of additional
analysls and are not a required part of the bask financial statements. Such information has been subjected to the
auditing procedures applied in the audit of the basic financial statements and, in wr opinion, is fairty stated, in all
material respects, in relation to the basic financial statements taken as a whole.
The accompanying introductory and statistical sections, as listed in the table of contents, are presented for purposes
of additional andysis and are not a required part of the basic financial statements. This information has not been
subjected to the auding procedures applied in the audi of the basic financial statements and, accordingly, we
express no opinion on it.
San Oiego, CalHomia
October 7,2005
4.3 - Financial Management Systems-Describe how Offeror's financial management
and accounting systems will meet the following needs:
4.3.1 - Developing, implementing, and managing service budgeting and
expenditures and reporting (including ad-hoc reporting).
The City of Carlsbad's fiscal year budget is adopted every June. Once adopted, all
budget figures are recorded to the city's financial software system, PAS.
Expenditures are budgeted by line item in various funds and cost centers. The
budget and expenditures for the nutrition program is recorded to three separate
cost centers (Transportation, Congregate and Home Meals). A software reporting
package is used to run all financial reports and is available to dl city staff
members that have access to a computer. Various summarized and detailed
reports can be run to show the financial status of each cost center. The most
popular report used is a budget to actual report, which shows budgeted revenues
and expenditures compared to actual year to date amounts.
4.3.2 - Allocating expenses and revenues for multiple cost centers. Allocating
expenses and revenues for multiple cost centers as needed. The City of Carlsbad's
financial software system, IFAS, can be used to allocate expenses and revenues
for multiple cost centers if needed. The nutrition program is segregated into three
different cost centers (Transportation, Congregate and Home Meals). Invoices can
be coded so costs will be posted to multiple cost centers if necessary. Salaries can
also be allocated to multiple cost centers using the financial system. Payroll is
processed in house using the city's financial sohare system.
4.3.3 - Maintahing accounting records to adequately identify all contract related
revenues and expenses.
The City of Carlsbad's financial software system, IFAS, is used to record all city
revenues and expenses. The nutrition program is segregated into three different
cost centers (Transportation, Congregate and Home Meals). Revenues and
expenses related to each program are recorded to its own unique cost center
number.
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT B - INSURANCE REQUIREMENTS
ARTICLE 1
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor's indemnification obligations to County, Contractor shall provide at its sole expense
and maintain for the duration of this contract, or as may be fbrther required herein, insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of the work
hereunder and the results of the work by the Contractor, his agents, representatives, employees or subcontractors.
I. Minimum Scoae of Insurance
Coverage shall be at least as broad as:
A. Commercial General Liability, Occurrence form, Insurance Services Office form CG0001.
B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form
CAOOO 1.
C. Workers' Compensation, as required by State of California and Employer's Liability Insurance.
2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. Commercial General Liability including Premises, Operations, Products and Completed Operations,
Contractual Liability, and Independent Contractors Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. The General Aggregate limit shall be $2,000,000.
B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage.
C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include
waiver of subrogation endorsement in favor of County of San Diego.
3. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the County's Risk Manager. At
the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the County, the members of the Board of Supervisors of the County and the officers,
agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the
County guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
4. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain the following
provisions:
A. Additional Insured Endorsement
Any general liability policy provided by Contractor shall contain an additional insured endorsement
applying coverage to the County of San Diego, the members of the Board of Supervisors of the County
and the officers, agents, employees and volunteers of the County, individually and collectively.
C. Notice of Cancellation
Each required insurance policy shall be endorsed to state that coverage shall not be canceled by either
party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the County at the address shown in section of Contract entitled "Notices".
D. Severability of Interest clause
Coverage applies separately to each insured, except with respect to the limits of liability, and that an act
or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds.
Exhibit B -Insurance Requirements (Revised 8/17M)
Page 1 of 3
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT B - INSURANCE REQUIREMENTS
NERAL PROVISIONS
PualifLina Insurers
All required policies of insurance shall be issued by companies which have been approved to do business in
the State of California by the State Department of Insurance, and which hold a current policy holder's
alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating
guide, or a company of equal financial stability that is approved in writing by County's Risk Manager.
Evidence of Insurance
Prior to commencement of this Contract, but in no event later than the effective date of the Contract,
Contractor shall furnish the County with certificates of insurance and amendatory endorsements effecting
coverage required by this clause. Contractor shall furnish certified copies of the actual required insurance
policies within thirty days after commencement of Contract. Thereafter, copies of renewal policies, certificate
and amendatory endorsements shall be furnished to County within thirty days of the expiration of the term of
any required policy. Contractor shall permit County at all reasonable times to inspect any policies of insurance,
which Contractor has not delivered to County.
Failure to Obtain or Maintain Insurance; Countv's Remedies
Contractor's failure to provide insurance specified or failure to furnish certificates of insurance, amendatory
endorsements and certified copies of policies, or failure to make premium payments required by such
insurance, shall constitute a material breach of the Contract, and County may, at its option, terminate the
Contract for any such default by Contractor.
No Limitation of Oblipations
The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by
Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner
limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract,
including, but not limited to, the provisions concerning indemnification.
Review of Coverape
County retains the right at any time to review the coverage, form and amount of insurance required herein and
may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide
adequate protection against the kind and extent of risk which exists at the time a change in insurance is
required.
Self-lnsurance
Contractor may, with the prior written consent of County's Risk Manager, fulfill some or all of the insurance
requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to
utilize such self-insurance if in the opinion of County's Risk Manager, Contractor's (i) net worth, and (ii)
reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the
lack of other insurance coverage required by this Contract. Contractor's utilization of self-insurance shall not
in any way limit liabilities assumed by Contractor under the Contract.
Claims Made Coverape
If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to
the coverage requirements specified above, such policy shall provide that:
A. The policy retroactive date coincides with or precedes Contractor's commencement or work under the
Contract (including subsequent policies purchased as renewals or replacements).
B. Contractor will make every effort to maintain similar insurance during the required extended period of
coverage following expiration of the Contract, including the requirement of adding all additional
insureds.
C. If insurance is terminated for any reason, Contractor shall purchase an extended reporting provision of at
least two years to report claims arising in connection with the Contract.
D. The policy allows for reporting of circumstances or incidents that might give rise to future claims.
Exhibit B - Insurance Requirements (Revised 8/17/06)
Page 2 of 3
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT B - INSURANCE REQUIREMENTS
12. Subcontractors ' Insurance
Contractor shall require that any and all Subcontractors hired by Contractor are insured in accordance with this
Contract. If any Subcontractors coverage does not comply with the foregoing provisions, Contractor shall
defend and indemnify the County from any damage, loss, cost or expense, including attorney fees, incurred by
County as a result of Subcontractors failure to maintain required coverage.
13. Waiver of Subrogation
Contractor and County release each other, and their respective authorized representatives, from any Claims (as
defined in the Article entitled "Indemnity" of the Pro Forma Contract), but only to the extent that the proceeds
received from any policy of insurance carried by County or Contractor, other than any self-insurance, covers
any such Claim or damage. Included in any policy or policies of insurance provided by Contractor hereunder
shall be a standard waiver of rights of Subrogation against County by the insurance company issuing said
policy or policies.
ARTICLE 2
[RESERVED]
Exhibit B - Insurance Requirements (Revised 8/17/06)
Page 3 of 3
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
1. COMPENSATION: Contractor shall be compensated in an amount not to exceed $116,490 contract price
amount, for all services performed in designated zip codes under this contract for the total contract term
anticipated to begin October 1, 2006 through June 30, 2007, with four annual option years. Said
compensation is not designed to fully fund the program. The fixed supplemental rates are developed
annually based on funding and determined to offset the cost of providing services. These rates are subject
to availability of funding from the State of California, California Department of Aging (CDA).
1.1. Compensation for the total contract term referenced above is as follows:
1.1.1. Fixed Supplemental Rate $ amount for Portion of Contractor's Congregate Meals costs.
Payments are monthly compensation payments to Contractor for the provision of Congregate
Meals according to the Performance Work Statement (State of California C-1 funding stream).
1.1.2. Fixed Supplemental Rate $ amount for Portion of Contractor's Home Delivered Meal costs.
Payments are monthly compensation payments to Contractor for the provision of Home
Delivered Meals according to the Performance Work Statement (State of California C-2
funding stream).
1.1.3. Fixed Supplemental Rate $ amount for Portion of Contractor's Transportation costs.
Payments are monthly compensation payments to Contractor for the provision of
Transportation (One way trips) according to the Performance Work Statement (State of
California B funding stream).
1.1.4. Fixed Supplemental Rate $ amount for Incentive Payments from the NSIP (Nutrition Services
Incentive Program). NSIP payments are monthly incentives for Contractors that continually
attain high achievement based on number of meals (C- 1 and C-2) served during the prior year.
This amount will be determined annually by the County, based on funds received from the
State and Contractor's prior year's performance (i.e. meals served).
1.1.5. Cost Reimbursement $ amount for One Time Only (OTO) Allocation. OTO Allocations are
one time annual monetary awards for designated goods or services related to C-1, C-2 or B
Programs, which are directly related to the Senior Nutrition Service System, based on special
cost reimbursement requests fi-om Contractor. OTO awards are based on funds received fiom
the State of California, and must be approved in advance by the County. Contractor shall
procure the goods or services by utilizing competitive measures, and provide documentation of
receiving 3 or more quotes to substantiate fair and reasonable pricing. County will reimburse
costs upon presentation of receipts.
1.1.6. Fixed Supplemental Rate $ amount for Portion of Contractor's Congregate Meals costs.
Payments are monthly compensation payments to Contractor for the provision of Congregate
Meals according to the Performance Work Statement (City of San Diego funding stream).
1.2. The County shall have the authority to increase or reduce the contract compensation, via the issuance
of a Unilateral Amendment, signed by the County's Director of Purchasing and Contracting, as
required to execute Exhibit C, Paragraphs 1.1.4 & 1.1.5.
1.3. Contractor shall submit:
1.3.1. a completed Budget for the entire program with this RFSQ, and as required by County. Budget
shall detail anticipated costs to provide number of meals (home delivered and congregate), and
anticipated number of one-way trips for the upcoming contract term for the entire program.
Budgets must be submitted per County provided form and format.
1.3.2. at the end of the contract fiscal year, a completed report of actual costs (closeout report)
expended, as requested.
Exhibit C - Fiscal Tcrms & Conditions (Revised 8/17/06)
and Pricing Schedule Page 1 of 2
COUNTY OF SAN DIEGO AGREEMENT NUMBER 513847
AGREEMENT WITH CITY OF CARLSBAD
FOR SENIOR NUTRITION PROGRAM
EXHIBIT C - FISCAL TERMS & CONDITIONS AND PRICING SCHEDULE
* NSIP dollar amounts are estimated ONLY and may be adjusted based on actual prior year number of meals
served.
Exhibit C - Fiscal Tm & Conditions (Revised 8/17/06)
and Pricing Schedule Page 2 of 2
Reference
Compensation
Paragraph
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
TOTAL
Total
$51,315
$22,125
$27,634
$10,295
$5,122
0
0
0
0
$1 16,490
Service
Congregate
Meals
Home-Delivered
Meals
Transportation
Incentive
Payments*
Incentive
Payments*
One-time-only
(OTO)
One-time-only
(OTO)
One-time-only
(OTO)
Authorized
Providers within
the City of San
Diego only;
Congregate
Meals
Contracted #
of units (i.e.
meals, one-
way trips, etc.)
15,838
7,114
5,527
15,838
7,114
0
0
0
0
Funding
Source
Title 111-C1
Title 111-C2
Title 111-B
NSIP-C 1
NSIP-C2
OTO-C 1
OTO-C2
OTO-B
City-hded
Fixed
Supplemental
Rate
$3.24
$3.1 1
$5.00
$0.65
$0.72
0
0
0
0