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HomeMy WebLinkAboutMINUTES - 07191994 - 2.3 TO: BOARD OF SUPERVISORS 2' t FROM. Mark Finucane, Health Services Director Contra By: Elizabeth A. Spooner, Contracts AdministratCosta DATE: July 5, 1994 County SUBJECT: Approval of Standard Contract #22-219-16 with Canteen - Division of TW Services, Incorporated SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Health Services Director or his designee (Wendel Brunner, M.D. ) to execute on behalf of the County, Standard Contract 422-219-16 with Canteen - Division of TW Services, Incorporated, for the period from July 1, 1994 through June 30, 1995, with a payment limit of $832 ,401, for the provision of congregate and home-delivered meals for the County's Senior Nutrition Program. II. FINANCIAL IMPACT: This Contract is Federally funded through the State under Title III C- 1 and Title III C-2 of the Federal Older Americans Act of 1965. No County funds are required. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: Since 1974, the County has contracted for meals for the Senior Nutrition Program. Standard Contract #22-219-16 continues contract services through FY 1994-95, providing for preparation and delivery of an approximate daily average of 800 regular diet meals in bulk, 460 regular diet, and 40 sodium-restricted diet prepackaged meals on 250 County-designated serving days. The Contractor delivers the meals to locations throughout the County. The unit prices for 'the meals to be provided by the Contractor during FY 1994-95 are as follows: Bulk Standard Diet Meals $2 .467 per meal Prepackaged Standard Diet Meals $2 .709 per meal Prepackaged Modified Diet Meals $2 .752 per meal. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON / .3 7 APPROVED AS RECOMMENDED _ _ OTHER VOTE OF SUPERVISORS _ UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Wendel Brunner, M.D. (313-6712) CC: Health Services (Contracts) ATTESTED Risk Management Phil Batchelor, r%Ahe Baard of Auditor-Controller Supervisors and CountyAdministratgr Contractor MSe2/7-e3 BY DEPUTY Contra Costa County Number 22-219-16 Standard Form 1/87 STANDARD `CONTRACT Fund/Org #5766/67 (Purchase df Services) Account # 2310 1. Contract Identification. Other # Department: Health Services - Public Health Divis Subject: Purchase of congregate and home-deliv e Y s.1 ` e ' Contra Costa County Senior Nutrition m 2. Parties. The County of Contra Costa, California (County) , for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: CANTEEN - DIVISION OF TW SERVICES, INCORPORATED Capacity: Corporation Taxpayer ID # 36-2769812 Address: 1409 Sommersville Road, Antioch, California 94509 3. Term. The effective date of this Contract is July 1. 1994 and it terminates June 30. 1995 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $832,401. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project, This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Contra Costa County Senior Nutrition Program under Title III C-1 and Title III C-2 of the Federal Older Americans Act of 1965, as amended, for the current fiscal year; and current Interdepartmental Services Agreement between the Social Services and the Health Service Department for the Senior Nutrition Program. 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Cy 10. Signatures. These signatures attes < t„ $ gr ement hereto: COUNTY OF CONTRA COSTA. CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chairman/Designee Deputy CONTRACTOR By By (Designate business capacity A) (Designate business capacity B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form 1/87 APPROVALS/ACKNOWLEDGEMENT Number 22-219-16 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED By By Designee APPROVED: COUNTY ADMINISTRATOR By ACKNOWLEDGEMENT State of California ACKNOWLEDGEMENT (By Corporation, Partnership, or Individual) County of The person(s) signing above for Contractor, personally known to me in the individual or business capacity(ies) stated, or proved to me on the basis of satisfactory evidence to be the stated individual or the representatives) of the partnership or corporation named above in the capacity(ies) stated, personally appeared before me today and acknowledged that he/she/they executed it, and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: [Notarial Seal] Notary Public/Deputy County Clerk -2- Contra Costa County PAYMENT PROVISIONS (Fee Basis Contracts) Number 22-219-16 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only. ] [ ] a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein. [X] d. The unit meal prices for bulk units and prepackaged units as set forth in Section III. (Payment Provisions) of the Service Plan, provided that the payments shall not exceed $493,400 for bulk standard diet units, ,$311,478 for prepackaged standard diet units, and $27,523 for prepackaged modified diet units. 2. Payment Demands. Contractor shall submit written demands. " Said demands shall be made on County Demand Form D-15 and in the manner and form prescribed by County and as set forth in Section III. (Payment Provisions) of the Service Plan. Upon approval of said payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise; to the extent the County's recovery of funding is prejudiced, County shall not pay Contractor for such services, even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to the Contractor when, in the opinion of the County expressed in writing to the Contractor, (a) the Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) the Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate County, State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation, if any, to the State and/or Federal government resulting from any audit exceptions, to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. SERVICE PLAN Number 22-219-16 I. SCOPE OF SERVICES. Contractor shall work cooperatively with the Health Services Director or his designees to provide home delivered and congregate meal services for County's Senior Nutrition Program. Contractor shall furnish all food, labor, supplies, equipment and vehicles necessary to prepare, and deliver, an approximate daily average of 800 regular diet meals in bulk, 460 prepackaged standard diet meals, and 40 sodium restricted diet prepackaged meals, or a County-specified portion thereof, on 250 County-designated serving days to 25 delivery locations throughout the County. Annual daily averages include weekend meals, which Contractor shall deliver in conjunction with regular diet meals. Contractor shall pack out bulk meals in stainless steel hotel pans, in insulated carriers for delivery to 22 Congregate Nutrition Sites. Contractor shall pack prepackaged meals by individual Home Delivered Meals Program routes (approximately 33) in insulated carriers and deliver the prepackaged meals in conjunction with bulk meals to the delivery locations specified in Section II.B. , below. Contractor shall provide paper goods packaging supplies for prepackaged meals; i.e. , three compartment aluminum trays with lids, brown and white paper bags, 8 ounce squat cups with lids and plastic bags and for Congregate Weekend Box Lunches, i.e. , cardboard boxes and styrofoam squat cups with lids. County will provide the insulated carriers for bulk and prepackaged meal deliveries and the stainless steel pans for bulk food deliveries. County will also make available for Contractor's use, during the term of this Contract, Wells tabletop hotel pan size trayline food warmers and a Hobart L800 Mixer. All of the meals which Contractor provides hereunder shall conform to the nutrition, preparation and delivery requirements contained herein, as well as to all applicable Federal, State and County regulations. II. GENERAL PROVISIONS. A. Serving Days. Contractor shall deliver meals to County-specified locations each Monday through Friday, during the term of this Contract, except for the following designated holidays: Independence Day------------ Monday, July 4, 1994 Labor Day------------------- Monday, September 7, 1994 Columbus Day---------------- Monday, October 10, 1994 Veteran's Day----- ------ Friday, November 11, 1994 Thanksgiving Day------------ Thursday, November 24, 1994 Day after Thanksgiving------ Friday, November 25, 1994 Christmas Day--------------- Observed Monday, December 26, 1994 New Year's Day-------------- Observed Monday, January 2, 1995 Martin Luther King Jr. Day-- Monday, January 20, 1995 Presidents Day-------------- Monday, February 20, 1995 Memorial Day---------------- Observed Monday, May 29, 1995 B. Delivery Locations. 1. West County Area. North Richmond Senior Center, 515 Silver, North Richmond, CA Senior Citizen Drop-In Center, 2525 Macdonald Avenue, Richmond, CA Initials: Contractor County Dept. 1 SERVICE PLAN Number 22-219-16 San Pablo Senior Center, 1943 Church Lane, San Pablo, CA * Senior Citizen Drop-In Center, 189 Parker Ave. , Rodeo, CA (Tuesdays and Thursdays only) * Martin Luther King Center, 360 Harbour Way, Richmond, CA * Senior Drop-In Center, 6510 Stockton Street, E1 Cerrito, CA * Crockett Community Center, 850 Pomona Avenue, Crockett, CA Nevin Center, 598 Nevin Avenue, Richmond, CA Davis Park Community Center, 17th and Folsom Street, San Pablo, CA * Senior Center Hercules, 111 Davis Drive, Hercules, CA (Mondays, Wednesdays and Fridays only) * MacArthur Baptist Church, 2301 Rumrill Blvd. , San Pablo, CA * Grace Lutheran Church, 24th and Barrett, Richmond, Ca 2. Central/East/Southern County Areas. * Hacienda Senior Center, 1111 Ferry Street, Martinez, CA Pittsburg Senior Center, 2120 Crestview Drive, Pittsburg, CA Oakley Senior Center, Rosemary Lane, Oakley, CA Brentwood Senior Housing, 100 Village Drive, Brentwood, CA Ambrose Community Center, 3105 Willow Pass Road, W. Pittsburg, CA * Concord Senior Center., 2727 Parkside Circle, Concord, CA Senior Citizen's Drop-In Center, 213 "F" Street, Antioch, CA * Walnut Creek Senior Center 1650 N. Broadway, Walnut Creek, CA * Pleasant Hill Senior Center 233 Gregory Lane, Pleasant Hill, CA Bethel Island Scout Hall, 3090 Ranch Lane, Bethel Island, CA Lafayette Senior Center, 500 St. Mary's Road, Lafayette, CA San Ramon Senior Center, 4300 Alcosta Blvd. , San Ramon, CA * Notes current locations for the Home Delivered Meals (HDM) Delivery. 3. Delivery Locations - General. County may designate alternate delivery sites in lieu of any sites noted above, provided that such alternate sites are not located more than five (5) miles from the sites they replace. Delivery locations may be added or deleted through negotiation between County and Contractor if Congregate Site locations or HDM routes change. C. Delivery Requirements. 1. Time elapsed from preparation area to senior meal service shall not exceed two (2) hours. 2. Contractor shall deliver meals to each specified location no earlier than 10:15 a.m. and no later than 12:00 noon on a daily basis. 3. Contractor, in consultation with the Program Director or Senior Nutritionist, shall design delivery routes so as to give preference for earliest delivery to designated locations which receive prepackaged Home Delivered Meals. These locations shall receive their daily meals delivery no later than 11:15 a.m. Initials: Contractor County Dept. 2 SERVICE PLAN Number 22-219-16 4. County-designated staff from each delivery location will telephone meal orders to the Contractor no later than 1:00 p.m. on the serving day prior to the day on which meals are to be delivered. In so doing, County shall notify Contractor as to the actual number of bulk regular meals it must deliver to each delivery location. In addition, County will provide Contractor with the following information, by route number and/or site number: a. number of prepackaged regular diet meals to be delivered; b. number of sodium restricted diet meals to be delivered; and C. number of fruit alternate desserts to be delivered either for bulk or prepackaged meals. In the event that Contractor does not receive notice by 1:00 p.m. on the previous serving day, Contractor shall immediately notify County of the site location failing to place an order. County will then instruct Contractor as to the correct number of meals to deliver to the site location. 5. Foods which, in the opinion of the Program Director or Nutritionist, are normally served either hot or cold must be delivered by Contractor at temperatures which ensure that hot food is at 140 degrees Fahrenheit and above, and that cold food is at 45 degrees Fahrenheit or below at the time of service to Congregate and Home Delivered Meals Program participants. 6. County shall provide two sets of insulated bulk meal carriers and stainless steel pans for each Congregate site and two sets of insulated Home Delivered Meals carriers. for each route. At the time Contractor delivers meals with one set of carriers and pans, Contractor shall pick up the set of carriers and pans which were left the previous serving day. D. Meals Standards. All Nutrition Program Meals must meet 1/3 of the Recommended Dietary Allowance for persons 60 years of age and over as established by the National Academy of Sciences, and the Meal Pattern Requirements for the Senior Nutrition Program as established by the State of California Department on Aging. 1. Bulk Meals. Contractor shall prepare and package Regular Diet Meals in bulk for delivery to Congregate Senior Meals Sites and shall prepare these meals based on Appendix A (Seven Week Cycle Menu for Bulk Meals) which is attached hereto and incorporated herein by reference, for an approximate annual average of 875 meals per day. Fruit alternate desserts or alternate juices are substituted by Contractor (as ordered) for approximately 60 meals per day County-wide, on days when a concentrated sweets dessert or juice appears on the menu cycle. 2. Prepackaged Box Lunches. Contractor shall package Prepackaged Box Lunches individually, then pack them by site and deliver them to Congregate meals sites with each Friday's meal deliveries. In the event that a Congregate Meals Site facility is unavailable for the serving of bulk delivered meals on a regular serving day, upon authorization from the Program Nutritionist and an appropriate order from a Congregate Meal Site, Contractor shall provide box lunches as substitutions for bulk meals. Box lunch orders shall be placed with Initials: Contractor County Dept. 3 SERVICE PLAN Number 22-219-16 Contractor at least two working days prior to the day on which Contractor is expected to deliver the box lunches to the Site(s) . The menu for the box lunches shall consist of: Cold Chicken or a Meat or Cheese Sandwich (3 ounces of Meat or Cheese) Salad Fresh Fruit or other Dessert Roll (or bread in the sandwich) Lowfat Milk 3. Prepackaged Regular Diet Meals. Contractor shall prepare and individually package Prepackaged Regular Diet Meals, pack the meals in insulated containers by route, in conjunction with other Contractor provided meals and deliver meals to approximately 10 County-wide locations, most of which are Congregate Meal Sites. Contractor shall prepare these meals based on Exhibit A (Seven Week Cycle for Regular Diet Prepackaged Meals) , which is attached hereto and incorporated herein by reference, (including frozen weekend/holiday meals) . Upon County's request, Contractor shall substitute fruit alternate desserts on days when a concentrated sweets dessert appears on the menu cycle. 4. Prepackaged Sodium Restricted Diet Meals. Prepackaged Sodium Restricted Diet Meals shall not exceed 700-750 milligrams of sodium per meal. Contractor shall prepare and individually package sodium restricted diet meals, pack the meals, by route, in conjunction with other Contractor provided prepackaged meals, and deliver the meals to the same locations as it delivers Prepackaged Regular Diet Meals, most of which are Congregate Meal Sites (see Section II.B.l. and 2. ) . Contractor shall prepare these meals, including frozen and weekend/holiday meals, based on Appendix C (Seven Week Cycle for Sodium Restricted Diet Prepackaged Meals) , which is attached hereto and incorporated herein by reference. 5. Frozen Weekend/Holiday Meals. Contractor shall prepare Frozen Weekend/Holiday Meals in advance (i.e. , cook, package and freeze) for distribution to regular delivery locations on the last serving day prior to a Program holiday or a weekend, for subsequent delivery by County to homebound participants with no other means of receiving a meal on Program non-serving days. Contractor shall prepare Frozen Weekend/Holiday Meals utilizing menu items appearing in the Seven Week Cycle Menus for Prepackaged Regular Diet and Sodium Restricted Meals which are deemed appropriate to freeze or refrigerate for the required holding period prior to consumption. Contractor shall prepare approximately 90 frozen meals per weekend day and approximately 200 meals per Program holiday. Upon County's request, Contractor shall substitute fruit alternate desserts on days when a concentrated sweets dessert appears on the menu cycle. E. MENUS (Description) . 1. County's Program Nutritionist, in consultation with Contractor, shall prepare monthly menus, and Contractor shall prepare meals, based on the Seven Week Cycles (Exhibits A, Appendices A, B, and Q . 2. County's Program Advisory Council will review Congregate Meals Program Menus (Bulk Meals) each month to determine the acceptability of the menus and specific food items, and the palatability to those participating in the program. Contractor shall be represented at this monthly meeting to respond to comments, questions and requests of participant representatives. Initials: Contractor County Dept. 4 SERVICE PLAN Number 22-219-16 3. Home Delivered Meal delivery and administrative staff shall review the Home Delivered Program Menus (Prepackaged Meals) quarterly to determine from participant comments, the acceptability of menus and specific food items. Contractor shall meet with County's Program Nutritionist each month to discuss any problems and to respond to comments, questions and requests on behalf of program participants. 4. County's Program Nutritionist, in consultation with Contractor, will prepare Home Delivered Meals Program Frozen Weekend/Holiday Menus, utilizing items appearing in the Seven Week Cycle Menus for Prepackaged Regular Diet and Sodium Restricted Meals which are deemed appropriate to freeze or refrigerate for the required holding period prior to consumption. 5. On one regular serving day per month, Contractor shall substitute a special menu as set forth in Exhibit E-1, E-2, or E-3 (Special Menus) , which are attached hereto and incorporated herein by reference, for a menu occurring on the regular cycle. County's Program Nutritionist, in consultation with Contractor shall determine the most appropriate day for this menu substitution, which will normally coincide with the Program's observance of a holiday or other special event. 6. Contractor shall provide County with complete recipes for each item appearing on the Seven Week Cycle Menus. County's Program Nutritionist shall approve in advance of use, all recipes used by the Contractor in performance of its meal services hereunder. County shall treat Contractor recipes in a confidential manner. 7. Contractor shall provide County, for advance approval by the Program Nutritionist, with product information and specifications for all pre-packaged items and all ingredients to be used in Nutrition Program meals prior to using any ingredient. 8. County's Program Director or Program Nutritionist shall authorize in advance any and all substitutions for approved menu items. Contractor failure to obtain advance authorization under this provisions will result in County's partial or total disallowance of payments to Contractor for all meals affected by an unauthorized substitution. 9. Prior to commencing any meal services hereunder, Contractor shall provide County with fully-costed cycle menus, including an estimated cost per serving of each item appearing on the Seven Week Cycles Menus. 10. Contractor must be willing to make any changes in menus requested by the County's Program Director, Program Nutritionist, or Area Agency on Aging to assure compliance with Federal and State program regulations. F. Right of Inspection. 1. Contractor's performance and place of business, including but not limited to food preparation/serving area, packaging and storage areas, containers and equipment used for storage, preparation and transport of raw food and meals provided, and records, are subject to inspection, review and audit by authorized representatives of the County, State and Federal Governments. Initials: Contractor County Dept. 5 SERVICE PLAN Number 22-219-16 2. County may, at any time, make a chemical analysis of any food provided by Contractor. Contractor is required to cooperate with 'County in the performance of such an analysis and shall be liable for the cost of the analysis if the findings thereof disclose that the food does not comply with the meal or health requirements stated herein. 3. Upon request of County's Program Director, Program Nutritionist, or Area Agency on Aging staff, Contractor shall make available for inspection, during normal business hours, the following records: daily record of temperatures; list of substitutions; daily production sheets; record of meals ordered and products utilized. G. Trainin¢. Contractor shall provide training to County and Program Staff on portion control and serving techniques as related to Nutrition Program operations. H. Equipment. Throughout the term of this Contract, and any modifications or extensions thereof, Contractor shall: 1. Cooperate with County in tagging and appropriately identifying all Program property and equipment loaned by County for use by Contractor or acquired with Contract funds. 2. Provide adequate and safe storage (approximately 4000 cu. ft. ) for all equipment provided by the County . 3. Establish a property management control system to ensure adequate safeguards to prevent loss, theft, or damage to property, and maintain all equipment in good working repair at all times. Contractor shall have primary responsibility for the care and safeguard of County-provided equipment from theft or unreasonable wear. 4. Inventory, on a perpetual basis, County-provided equipment and submit to County a quarterly written summary of County-owned equipment which Contractor has on hand at the end of each calendar quarter. 5. Investigate, fully document, and immediately report to County in writing any loss, theft, or damage to property and equipment. Contractor shall repair or replace all such items within 60 days with items of comparable quality and value. 6. Maintain accurate records of all equipment and other such property loaned .by County for use by Contractor, or acquired with Contract funds, including property description, identification numbers, acquisition date and cost, source, location, use, condition, and disposition. 7. Develop, in conjunction with the Program Nutritionist, an acceptable work plan for cleaning and maintenance of County-provided equipment. Clean and sanitize insulated meal carriers and stainless steel pans and maintain other County-provided equipment in accordance with said cleaning and maintenance plan. 8. Not use County-provided equipment for any Contractor function or purpose other than the provision of meals to the Senior Nutrition Program. Initials: Contractor _ County Dept. 6 SERVICE PLAN Number 22-219-16 County reserves the right to require Contractor to transfer County-owned property to another Nutrition Program facility, or to return the property to County, as determined by County to be appropriate. J. Reiection of Meals. 1. County shall have the right and authority to inspect the meals prepared by Contractor to determine compliance with specifications, to reject food not meeting specifications, and to withhold payment for meals or portions of meals not meeting prescribed requirements. Possible causes for County's rejection of meals include, but are not limited to. a. Inadequate portion sizes of items or number of items delivered by Contractor; b. The unauthorized substitution of menus or menu items; and C. Use of products, menu items, or recipes without prior approval of the Program Nutritionist. 2. In the event that Contractor fails to deliver any meals or portion of meals to County, as determined by the Program Director, Program staff may procure replacement meals or portions of meals elsewhere and charge to Contractor any additional cost over and above the contracted price of the meals or portions of meals being replaced, plus any expenses incurred in procurement. a. County shall make its best efforts to notify Contractor immediately of any delivery shortages and Contractor shall be afforded the opportunity to deliver the shorted items, provided that Contractor can effect delivery of the shorted items before the regular serving time for meals at the delivery location where the shortage occurred. b. Contractor will not receive payment from County for meals or portions of meals delivered at any time other than prior to the regular serving time at a delivery location on the serving day for which said meals or portions of meals were ordered. 3. County's Program Director shall have the authority to determine the actual number of meals delivered, and his decision shall be final. III. PAYMENT PROVISIONS. A. Compensation. 1. County shall compensate Contractor at the unit price per meal, set forth in Paragraph B.2. (Unit Meal Prices) , below for the number of acceptable meals or portions of meals (as determined by County's Program Director) which Contractor delivers to County. 2. Contractor shall submit to County semi-monthly Demands (County Form D-15) for payment, on or before the second (2nd) and seventeenth (17th) day for two billing periods each month. The first billing period each month shall include all meals delivered by Initials: Contractor County Dept. 7 SERVICE PLAN Number 22-219-16 Contractor during the 1st through the 15th calendar days of the month. The second billing period each month shall include all meals delivered by Contractor during the 16th through the last calendar day of the month. Contractor shall submit separate demands for bulk meals and for prepackaged meals. Following approval by County's Program Director of a properly documented Demand, County's Auditor-Controller shall pay Contractor within approximately ten days of Contractor's submission of each Demand. 3. Contractor's Demands for payment shall be itemized to show the number of bulk meals, or prepackaged regular diet and prepackaged sodium restricted diet meals, delivered each day, the per meal price, the total daily charge for all meals, and a total charge for all meals for the period covered by the Demand, less any credits and adjustments. 4. Contractor shall submit to County the following written documents with each Demand for payment: a. Daily count sheets detailing the number of meals by type (i.e. , bulk regular, bulk w/alternate dessert, prepackaged regular, prepackaged regular w/alternate dessert, prepackaged sodium restricted, etc.) delivered to each designated location each day. b. Contractor invoices for the total charges documented in the Demand. C. A statement of Profit and Loss for Nutrition Program operations, in the form and manner required by County, for the billing period of the Demand, which shall include the following cost breakdowns: (1) Total Raw Food Cost (2) Total Labor Cost (excluding delivery labor) (3) Total Delivery Costs (including labor) (4) Total Meals Packaging Costs (prepackaged meals only) (5) Total Other/Overhead Costs (Itemized) (6) Subtotal of Costs (7) Less Credits for Use of Donated Foods (8) Less Other Credits and Adjustments (9) Net Profit/Loss B. Payment for Services. 1. Definitions. For the purpose of payments as set forth above, the following definitions shall apply: a. Bulk Standard Diet Unit means one meal prepared and delivered by Contractor, for service to a senior citizen at a designated Nutrition Site location, as specified in this Service Plan and in Exhibit A (Meals Specifications) which is attached hereto and incorporated herein by reference. b. Prepackaged Standard Diet Unit means one meal, including the paper goods meals packaging supplies) prepared and delivered by Contractor to designated delivery locations as specified in this Service Plan and in Exhibit A (Meal Specifications) . Initials: Contractor County Dept. 8 SERVICE PLAN Number 22-219-16 contracted unit meal prices per Section III, B. , 2. , b. and c. , above; or 90% of the sum of the contracted daily average number of Prepackaged Standard Diet Meals multiplied by the actual number of program business days during the billing period, multiplied by the contracted unit meal price per Bulk Standard Diet Unit, per Section III, B. , b. , above, plus 90% of the sum of the contracted daily average number of Prepackaged Modified Diet Meals multiplied by the actual number of program business days during the billing period, multiplied by the contracted unit meal price per Bulk Standard Diet Unit, per Section III, B. , 2. , c. , above. Initials: Contractor County Dept. 10 SERVICE PLAN Number 22-219-16 C. Prepackaged Modified Diet Unit means one meal prepared, including paper goods meals packaging supplies, and delivered by Contractor to designated delivery locations as specified in this Service Plan and in Exhibit A (Meals Specifications) . 2. Unit Meal Prices. During the term of this Contract, County will pay Contractor at the per unit meal prices set forth below: a. Bulk Standard .Diet Units: $ 2.467 per unit b. Prepackaged Standard Diet Units: $ 2.709 per unit (including paper goods packaging) C. Prepackaged Modified Diet Units: $ 2.752 per unit (including paper goods packaging) 3. Surcharge. In the event that Contractor enters into any agreement(s) with other . individuals or agencies for the sale of meals based on the menus and specifications of this Contract, then Contractor shall add to the sales price charged to other individuals or agencies for each meal sold, a surcharge of 10% of the sales price, not to exceed $.25 per meal. In the event that Contractor collects any surcharges, Contractor shall deduct that amount from its Demands for payment to reimburse County for the cost of menu planning and preparation, and monitoring of meals preparation and delivery procedures and systems. 4. Price Protection. In the event that the average meals ordered per program business day during a semi-monthly billing period, including weekend and holiday meals, equals less than 90% of the combined contracted meal levels of 800 Bulk STandard Diet Meals, 460 Prepackaged Standard Diet Meals, and 40 Prepackaged Modified Diet Meals, for a total of 1,300 contracted daily meals, Contractor shall be reimbursed in accordance with the following formula: a. Bulk Standard Diet Meals. The Greater- of: Actual Bulk Standard Diet meals delivered (including weekend and holiday meals) during the billing period multiplied by the contracted unit meal price per Bulk Standard Diet Unit, per Section III, Paragraph B. , 2. , a. , above; or 90% of the sum of the contracted daily average number of Standard Diet Meals multiplied by the actual number of program business days during the billing period, multiplied by the contracted unit meal price per Bulk Standard Diet Unit, per Section III, Paragraph B. , 2. , a. , above; and b. Prepackaged Units. The Greater of: Actual Prepackaged Standard Diet Units and Prepackaged Modified Diet Units (including weekend and holiday meals) during the billing period multiplied by their respective Initials: Contractor County Dept. 9 EXHIBIT A MEAL SPECIFICATIONS Number 22-219-16 1. All Program Meals. Each meal must contain at least one-third (1/3) of the current daily recommended dietary allowance for persons 60 years of age and older as established by National Academy of Science - National Research Council. Food must be attractive, palatable, and appeal to the older person. Unless otherwise noted, an ounce measure refers to an ounce by weight. No salt shall be used in the preparation of food. Pre-cooked or pre-portioned foods may only be used with the advance approval of each item by the County's Program Nutritionist or Program Director. 2. Sodium Restricted Diet Meals. Each meal shall have a sodium content of 750 milligrams or less. In addition, certain foods containing high levels of salt or sodium are eliminated and/or restricted from use for these meals (as detailed below) . 3. Food Groups and Portion Requirements. Each meal must contain foods from each of the following food groups in the portion sizes indicated. A food found in one group may not be substituted for a food in another group: Food Group Minimum Portion Size A. Meat or meat alternate Three (3) ounces cooked, edible B. Vegetables and fruits One-half (1/2) cup serving (One source of Vitamin C (three servings per meal, three every day; one source of days per week and two servings of Vitamin A three times per meal, two days per week) per week) C. Enriched or whole wheat bread One serving (1 slice bread, or or alternate 1/2 cup of rice, etc.) . D. Fortified margarine 1 teaspoon (unsalted for restricted sodium meals) E. Dessert One-half (1/2) cup or equivalent F. Milk - low fat One (1) cup or equivalent 4. Food Group Descriptions A. Meat or Meat Alternate Group. (1) A minimum of three ounces of cooked edible lean meat, fish, poultry, eggs, or cheese must be served with each meal. Meat portions provided for Regular Diet bulk and prepackaged meals shall contain no more than one ounce of breading in addition to the three ounce portion size requirement. Breaded meats shall be served no more than once each week and no breaded meats shall be served in Sodium Restricted Diet Meals. Gravies and sauces Initials: Contractor County Dept. 1 EXHIBIT A MEAL SPECIFICATIONS Number 22-219-16 served with entree items must be prepared using a low sodium base. (2) Ground beef used in the preparation of Program meals shall not have a fat content in excess of 20% and, as a solid form of meat shall not be served more often than once a week. In addition, ground beef utilized for Sodium Restricted Diet Meals shall be 100% ground beef (i.e. , without extenders) . (3) Roast meat, steak or chops must be served once a week. (i.e. , roast beef, turkey, etc. ) (4) Poultry must be served at least once per week. Use of breaded poultry is forbidden. (5) Use of ham, luncheon meats, hot dogs, canned fish (except salt free diet pack) is discouraged for Regular Diet Meals and forbidden for Sodium Restricted Diet Meals. (6) Extender/TVP may be used at a ratio of 30% TVP to 70% beef in Regular Diet Meals, but may not be used in Sodium Restricted Diet Meals. (7) Meat alternates may be used occasionally for variety but may not be used more often than once a week. (8) Meat Specifications. All meats must be fresh or frozen, and shall have been slaughtered, processed and manufactured in plants operated under a USDA Inspection Program and bear an appropriate seal. All meat and meat products must be sound and sanitary on delivery. They must be free of objectionable odors and other signs of deterioration. Minimum grading requirements for all grade cuts are as follows: (a) Beef- USDA Choice or Good (b) Lamb- USDA Choice (c) Variety Meats- Grade Number 1 from USDA inspected plants. (dl) Poultry- USDA Grade "A" shall be used for all graded fresh or frozen poultry or poultry products. Necks, backs, or wings may not be used without approval from County. USDA Grade "B" turkey may be used in exception to the above with the advance approval of .County. Each serving of poultry must yield three ounces of edible cooked meat. (d2) Turkey for Congregate and Regular Home Delivered Meals shall be: Longmont + 460 all breast for regular diets and Bilmar 601 (no salt) for restricted sodium diets or equivalent as approved by Senior Nutrition Program Director or Nutritionist. (e) Fish and Seafood must be fresh or frozen, provided that frozen fish or seafood used is a nationally distributed brand, packed under Initials: Contractor County Dept. 2 EXHIBIT A MEAL SPECIFICATIONS Number 22-219-16 continuous inspection of the U.S. Department of the Interior. Fish fillets with breading must contain four ounces of raw fish and no more than one ounce of breading. Imitation Crab shall be: Sea Shell P#20010 for regular diets and life styles; Picific Fish and Crab Combo for restricted sodium. (f) Eggs shall be fresh USDA graded or state graded "A" . (g) Ham for Congregate and regular Home Delivered Meals shall be ham - flat, boneless, semi-dry and 95% fat-free. B. Vegetables and Fruits. (1) Per 7-week cycle period, an average of three different one-half cup servings must be provided for each meal three days per week, and two different one-half cup servings must be provided for each meal two days per week, as set forth in the attached Seven Week Menu Cycles. Fruit used as a dessert may not be counted toward the required two servings of vegetables and fruit. All fruit and vegetable juices shall be full strength juices. Fruit punches or drinks are not acceptable. Only low sodium vegetable juices will be used for Sodium Restricted Diet Meals. (2) Vegetables and fruits high in Vitamin A must be provided three times per week, preferably not served on consecutive days (see underlined items on Seven Week Menu Cycles) . The Program Nutritionist shall determine the acceptability of items used to meet Program Vitamin A requirements. (3) Contractor shall serve fresh, frozen, or canned fruits and vegetables. Canned vegetables and fruits utilized for Sodium Restricted Diet meals shall be low sodium or salt-free diet pack only. (4) Vegetables and/or fruits containing acceptable levels of Vitamin C must be provided each serving day (see items marked with an asterisk on Seven Week Cycle Menus) . The Program Nutritionist shall determine the acceptability of items used to meet the Program Vitamin C requirements. (5) Different vegetables must be served each day of a week. Different fruits or juices must be served three days a week. (6) Frozen vegetables are preferred to canned vegetables except for peas served in Sodium Restricted Diet meals. (7) One vegetable and fruit serving each day may be served in the form of a salad. Gelatin salads may not be served more often than once each week. When salads are served, dressing, if any, must be delivered in a separate container. (8) Rice, spaghetti, macaroni and noodles are not vegetables. Initials: Contractor County Dept. 3 EXHIBIT A MEAL SPECIFICATIONS Number 22-219-16 (9) Vegetable and Fruit Specifications. (a) Canned Fruits. Canned fruits shall be "naturally" packed, or packed in fruit juice, not packed in heavy syrup. (b) Canned Fruits and Juices. USDA Grade "A" (fancy) , and Grade "B" (choice) are to be used for all graded fruits and fruit juices. USDA Grade "C" (standard) may only be used for pie and cobbler production. (c) Canned Vegetables. USDA Grade "A" (fancy) is to be used for all graded vegetables. Grade "B" (extra standard) tomatoes may be used as an ingredient item only. (d) Fresh Fruits. USDA Fancy to USDA Number "1" are to be used for all graded fresh fruits. (e) Frozen Fruits and Vegetables. USDA Grade "A" is to be used for all graded frozen fruits or vegetables. (f) Mixed Vegetables. Exhibit E-4, which is attached hereto and incorporated herein by reference, lists vegetable mixes which may be used. C. Enriched or Whole Wheat Bread or Alternates. Contractor shall provide one serving each day. Bread alternates may include enriched rolls and other hot breads, enriched whole grain cereals or cereal products, such as spaghetti, macaroni, and dumplings. Examples of other acceptable alternatives to meet this requirement are ufi, tanniers, yams, plaintains, sweet potatoes and potatoes. Only whole wheat breads shall be used. Biscuits, muffins and cornbread shall not be used for Sodium Restricted Diet meals. D. Desserts. Contractor shall provide one 1/2 cup serving each day. Said serving may consist of fruits, full strength fruit juices, puddings, gelatin desserts, ice cream, ice milk, sherbet, cake, pie, cookies, and similar foods. A fresh or naturally canned fruit shall be provided in lieu of any concentrated sweets dessert, . for specified Program participants who for health reasons are not allowed concentrated sweets desserts. County will order alternate desserts as required by each delivery location when placing regular daily meals .orders with Contractor. E. Fortified Margarine. Contractor shall provide 1 teaspoon, enriched or fortified margarine each day. Only unsalted margarine shall be used for Sodium Restricted Diet meals. F. Milk. Contractor shall provide one-half pint (8 ounces) fortified low fat milk. Milk must be served in individual one-half pint containers unless otherwise designated by County. G. Dairy Products. General dairy products used shall have the following minimum specifications: Cheese, USDA Grade "A" ; Milk, nonfat USDA Grade "A" , fortified with vitamins A. and D. Initials: Contractor County Dept. 4 EXHIBIT A MEAL SPECIFICATIONS Number 22-219-16 H. Prepackaged Meals. All prepackaged meals shall have individually packaged salad dressing, condiments and juices. Sodium Restricted Diet Meals shall have low sodium condiments, salad dressing and juices. 5. Box Lunches. Contractor shall provide box lunches, as substitutions for bulk meals, as set forth in Service Plan Section II.D.2. (Prepackaged Box Lunches) . Contractor shall be reimbursed for box lunches at the unit price for bulk regular diet meals which is set forth in Service Plan Section III.B.2.a. 6. Specific Instructions For Prepackaged Meals. In the preparation and delivery of prepackaged meals, Contractor shall follow all of the specifications for bulk meal delivery except for the following: a. Contractor shall supply the packaging materials; b. When a meal menu specifies juice, Contractor shall use juices which are individually factory-packaged to avoid spillage; and C. Contractor shall supply individually packaged salad dressings and condiments, and shall assure that Sodium Restricted Diet meals shall include low sodium condiments. Initials: Contractor County Dept. 5 EXHIBIT- A A'l l mde Ts 'served w/lowfat•.mi lk Appendix A Key *. V1 taml n C ' 7 WEEK CYCLE MENU Iftamin A Cold Plates = (April -Oct ) CONGREGATE (N800) T. Jessert of Choice BULK MEALS T b L- Th i gh b Leg MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Chicken w/Mushroom Roast Pork w/Gravy Roast Beef w/Gravy Macaroni Ham&•Ghees. Swiss Burger (T & L) Sauce Ve etable Sou *Mashed Potatoes or *Potato Salad Lentil Soup 1 Z Cup Vegetables) Peas & Carrots Cold Mac Ham&Cheese Baked Beans *Baked Potato w/Mar.*Scar. loped Potatoes Wheat Bread/Mar- Salad MayonnaIse,:tlustarc or Overt-3 mvnRatatoe Dinner-Roll/Marg. garine Beef & Barley Soup Catsup 1 Green Beans Aoplesauce (1 oz.) Orange Gelatin *8 roc or 3-Bean Salad Lettuce,Tomato, Wheat Roll/Marg. Peaches w/Fruit Cocktail Green Salad/Thous. Onion Chocolate Chip (Fruit Cocktail) Island Dress. Bun Cookies Corn Bread/Marg. Apple or (Banana) Pears *Melon. Breaded Cod Fish Roast Turkey/Gravy Sirloin Tips w Lemon Chicken Witurred7epper w/Lemon Wedge Apple Juice Gravy Breast Hearty. Vegetable Split Pea Soup Sweet Potato Lentil Soup *Baked Potato w/Har Soup 1/2 Cup Veg) *Coleslaw Mixed Vegetables *Swiss Chard or Oven-BrwnPotatoe *Scalloped Potatoes Italian Vegetables Wheat Roll/Mar- Whole Kernel Corn Tossed Salad Corn Bread/Mar- Z Rice Pilar garine Parsley Noodles w/Ranch Dressing garine Tartar Sauce Cranberry Sauce Tapioca Pudding Dinner Roll/Mar- Fruit Cocktail *Orange or Melon Strawberry Gelatin (Fresh Fruit) garine w/Pears Carrot Cake (Pears) (Diced App les) early AcSte+vor eoc oast w cavy Spaghetti 5 Meat- Baked Ham raise Bee x Chlcken,ala Kinqor Pineapple Juice Bails or Chicken & Rice Onions,Tomatoes Chicken Salad .'.'.. . 4*8aked Potato w/Marg Lasagna Soup & Mushrooms Beef &Barley Soup• Capri Vegetables Minestrone Soup Baked Beans Tossed Salad w/ 3 „($ummef Oniy) Wheat Bread Mar- . ( 1/Z C Veg. *Soinach Ranch Dress Ing " `pit ilex ash Po orynColes lawaw Mgarine Green Salad/Italf- Corn Bread/Marg. Green Beans or Beets or Picki Beets Fresh Fruit an Dressing. Apricot Halves Oven Rsted Potatoes Dinner Roll.or Rice French Bread/Marg. Rice or 100% Whole w/Hargar.ine . Sherbert Wheat Bread/Marg. Oatmeal Cookies Pineapple Slices (Prunes) I *Orange or *Melon Swiss Steak w/Gran Chicken Almond Bake .o CK a a Mo ck Crab Casserole Hot Turkey Sand- Mac.,Ham &Cheese Chicken Vegetable (T & L) Hearty Vegetable with orTurk.Salad or Cold Mac/Ham o Soup *Broccoli Soup �I/Z C. Veg) -Sweet Potato or Cheese Salad *Mashed Potatoes Whole Kernel Corn Pineapple Slices or *Coleslaw Beef & Barley Soup Italian Mixed 'legs Dinner Roil or Bee tS.orPJckleBeets Peas or Peas-'Carrot Carrots or Carrot 4 Corn Bread/Mar- Rice/Margarine Tossed Salad/.Ranch .Pasta Salad Raisin Salad garine Brownie t)re'si.ng:or Wheat Bread/Marg. Green Salad/French Lemon Pudding (Peaches) Lettuce,Tom.&Onion Cranberry Sauce Dressing (Fresh Fruit) Wheat Roll/Marg. Cherry Gel•w/.Pears French Bread/Marg. *Tangerine or*Melon (Pears) *Citrus Fruit Cup B.B.Q. Pork Cheeseburger 3.3.Q: Beef Herb Chicken Breas • Veal Parmesan Corn Chowder *Potato Salad Chicken Vegetable Green Salad w/Oil w 1 oz. cheese *Scalloped Potatoes Baked Beans Soup & Vinegar Dress Veqetable Soup or Potato Salad Mayonnaise, Mustar *Coieslaw or Steamed Italian Vegetables (1/Z C. Veg. *NormandyVe etg able Catsup Cabbage Spaghetti w Mari- *Swiss Chard 5 Wheat dread/Mar- Lettuce, Tomato, Capri Vegetables nava Sauce Corn Bread Marg. garine Onion Bun or Rice (1/4 Cup) Peanut Butter Peaches Bun Van IIIa Pudding or *Orange or Melon Cookies Apple or Melon Custard (Fresh (Pears) Fruit) Roast Turkey/Gravy Meat loaf w/Gravy a.3:q. Chicken Roast Beef w/Gravy Breaded Cod Fish Oracot Juice Garden Vegetable (T& L) *Baked Potato/Mar- w/Lemon Wedge *Sweet Potato Soup (1/2 C. Veg.) Beef & Barley Soup garine Clam Chowder Green deans *Manned Potatoes *Scalloped Potatoes Peas *Coleslaw Dinner Roil/Mar- Wheat Roll/Mar- Tossed Salad/Ranch Wheat Bread/Mar- Mixed Ve etables_g . garine garine "brebsing garine Rice Pilaf - Cranberry Sauce Raspberry Gelatin Corn Bread/Har- Fresh Fruit Tartar Sauce Oatmeal Cookies w/Pears garine Peach Cobbler (Pineapple Slices) (Pears) ice Cream (Peaches) (Banana) Beef Stew Cola 11 late:(ApF--OcrJ Macaroni Beef & Ham/Lima Beans Hawaiian Pineapple Tossed Green Saladi Beef,Turk,Ham(2oz� Cheese (;oz) (1/2 cup) Chicken (T&L.) Thous Is.) Dressin Cott Ch(2 oz)&Pine I*Tomato Juice Minestrone Sou Split Pea Soup Navy Bean Soup Italian Vegetables Capri Ve etabTes Harvard Beets *Potato Salad or g Ike Cup Vegetable *Scalloped Potatoes Biscuit or Rice/ Oven Rsted Potatoes Whole Kernel *Baked Potato w/Mar Mar arine. CarrRais SaI or Carr. Wheat Roil/Marg. Dinner Rail/Mar- Corn Bread/Har- ] *TangerineorMelon LUpg-�'pW_Bead Cherry Gelatin w/ garine garine ayoM /Muster orMarg Peaches *Citrus Fruit Cup Apricot Halves Chocolate Pudding (Peaches) - (Fresh Fruit) ' ii• ' EXHIBIT A ...All camels served w/lowfat milk F W Appendix Menu Y* ' Vitamin C Source Cold Plate - (April - Or `r) Home Delivered Meals (-460) f 7. Vitamin A Source Prepackaged Meals Choice tb - Thigh A IPC MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Chicken w/Mushroorc Roast Pork w/Gravy Roast Beef/Gravy i Hacaroni,Ham&Cheese! Swiss Burger Sauce (T&• L) ?iaeapple Juice **lashed Potatoes or Cold Macaroni *Potato Salad *Baked Potato or *Scalloped Potatoes Peas & Carrots Ham&Cheese Salad Baked Beans Ovep. Brgw%ed Normandy Vegetable Wheat Bread/Mar- Green Salad/Thou- Mayonnaise, Mus- Potatoes Disner•Roll/Mar- garine sand Island Dress. tard,Caesup Gl'een at-Roii/HaTgarine Orange Beans. Wheat a Galatia *3roccoll or 3-Bean Lettuce Tomato Wh - garine Applesauce (1 oz.) -.Y/Fruit Cocktail Salad Onion Chocolate Chip Peaches (Fruit Cocktail) Carrots or Carr/Rais Bun CookiesCornBread/MarSalad Hot Diced Apples g. (Banana) ?ears greaeea Cod tish coast lurvey w Sirloin Lips W/. Lemon Chicken Breas *Stusfed Peppers w/Lemon Wedge Aoole Juice Gravy Gravy Tossed Salad/Ranch *Orange Juice *Coleslaw *Sweet Potato *Swiss .Chard Dressing *Scalloped Potatoes Italian Vegetables 'i,.,ed Vegetables '.Thole Kernel Corn *Baked Potato.cwrOven Peas or Steamed Rice Pilaf- at Roll/Mar- 100% Whole Wheat Browned.Potatoes Cabbage Wheat Cornbread/Mar- *Tartar Sauce garine Bread/Margarine Green Beans. r Orange or Melon Cranberry Sauce Tapioca Pudding Dinner Roll/Mbr.. garine Strawberry Gelatin (Fresh Fruit) 'garine Fruit Cocktail w/Pears Carrot Cake (Pears) (Diced Apple's) Chicken Stew or Poc Roasc w Gravy Spagnect_ & eat- 3aked Ham Braised Beef wl Chicken Ala King Pineapple Juice balls, or Apple Juice Onions, Tomato or Chicken Salad *Baked Potato Lasagna Baked Beans & Mushrooms *Winter Mix or.Mash. Caozi Vegetables *Broccoli *Swiss Chard Tossed Salad/Ranch Potato or Cale 100%. Whole Wheat CarrotsDress. Cornbread/Mar- Green Beano slaw 3read/Margarine French Bread/Mar- garine o Beets or PicklBeets Fresh Fruit garine Oven Roasted ota- DinnerRoll or Rice/ Prunes apricot Halves toes Wheat Bread/Marg. Oatmeal Cookies rg Orange or Melon (Pineapple Slices oc:c Crao Sala or Hocur a as w c .acaron , am a Swiss Steak w/ Chicken Almond Sake ior Turkey Salad Cheese,or PSlices or Gravy ( T&L) Mock Crab Casserole`*Orange Juice Cold Macaroni,3am *Mashed Potatoes Apple Juice Pineapple *Sweet Potato or Beets or Pick!Beets & Cheese Salad Italian Mixed *Br--ccoli Coleslaw Green Salad/French Tossed-Salad/Ranch Vegetables Whole Kernel Corn Peas or Peas, Dress. Dregs Carrots&:Pastagal Carrots or Carrot Co mbread/Mar- Dinner Rol - or.omatoLettuce& Onion Wheat Bread/Mar -cin Saran garine garine g� Winter Mia or 3-3eat Lemon Pudding Brownie Wheat Roll or Rice Cranberry Sauce Salad (Fresh Fruit) (Peaches) Margarine Cher - *Tangerine or Melon w Pears " French Bread/Marg. (Pears)' *Citrus Fruit Cue- B.B.Q. Pork Cheeseburger 3.3.Q. Beef Herb Chicken Breasi Veal Parmesan..--r/. Apple Juice *Potato Salad *Coleslaw or *Orange-Pineapple 1 oz.Cheese *Scalloped Potatoes Baked Beans *Steamed Cabbage Juice Tossed Thou.ISalad Dress *Normand Vegetable Mayonnaise, Mustard Capri Vegetables Italian Vegetables *Swiss Chard Apple Sauce (1 oz) Catsup Bun or Rica/Mar- Spaghetti w/Mar- Whole Kernel Cora Wheat Bread/Mar- Lettuce, Tomato, garine inara.Sauce (}t.C.) French Bread/Mar- garine Onion Vanilla Pudding or *Orange or *Melon garine Peaches Bun Custard (Fresh Peanut Butter Hoc Diced Apples Fruit)' . Cookies (Pears) Roast Turkey Gravy Meatloaf.w Gravy B.B.Q Chicken Roast Beef.w Gravy Breaded Cod Fish . *Pineapple Juice *Orange Juice (T&L) *Baked. Potato. w/Lemon Wedge *Sweet Potato *Mashed Potatoes Tossed Salad/Ranch Peas *Coleslaw Green Beans *Broccoli Dressing Wheat Bread/Mar- Mixed Vegetables Dinner Roll/Mar- Wheat Roll/Mar- *Scalloped:Potatoesgarine Rice Pilaf garine garine *Wintar/Mix "'': ` Ftitsh . Fruit Tartar Sauce Cranberry Sauce Raspberry Gelatin Cornbread/Mar- Peach Cobbler Oatmeal Cookies w/Pears garine (Peaches) (Pineapple Slices) (Pears) Banana Beef Stew a ate pF c� Macaroni, Beef & am mans Hawaiian Pineapple Beef,Turk,Fiam l2 oz Cheese *Orange Juice Coct Cheese&PineaS *Oran a-Pines le (T o se (l C.) Chicken (T&L) Harvard Beets Potaco Salad or g pp Tossed Salad w/Oil Apple Juice Rice Oven Roast Potatoes Juice &Vinegar Dressing. Italian Vegetables Capri Vegetables *Tangerine or Melon Carrot.RaisSalorCar Whole Kernel Corn *Baked Potato *Scalloped Potatoes �—.thole Wht Bread Wheat Roll/Mar Peas/Carrots Cornbreed/Margarine Mayo,Mustard or ' Cherry Gelating Dinner Roll/Har- Apricot Halves Chocolate Pudding • w/Peaches garine (Fresh Fruit) (peaches) *Citrus Fruit Cup i:� EIMBIT A t A11.6eals served w/Lowfat Milk y 47eekendix Ctieau Key- * vitamin C Source Cold.Plates: (Apr11-Oct-her) S Vitamin A Source Restricted Sodium (^^40) (') Dessert of Choice Home De Livered Meals T T& aThmi Pa[• sgrd Meals ?..5.L: d&luLmeeg MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Chicken w/L,S Mush L.S. Roast.Fork ?oast Beef w/L.S. L.S. Macaroni.&. L.S. Swiss Burger (T& L)room4duce L.S. Gravy Gravy Cheese or Cold Mac '*L.S. Potato Salad *Baked Potato or *Pineapple Juice. *Oven Browned Pota- & Cheese Salad L.S. Baked Beans *Oven Browned *L.S. Scalloped ; toes Green Salad w/L:S. L.S. Catsup, Mus- Potatoes.: Potatoes Fees & Carrots Dressing Card, Mayonnaise Green Beans Normandy Vegetables Wheat Bread/L.S. Carrots or Carrot Lettuce,Tomato, Wheat Roil/L.S. Dinner Roll/L.S. Margarine �'iiai-in 5 Iad' Onion Mar artne Margar *Broccoli or 3-Bean 9 8 Dietetic Orange Gel: Salad Bun Banana Applesauce (1 oz.) atin w/Fruit Cock French Bread/LS•Mar Hot Diced Apples Peaches tail Pears L.S. Cod Fish w/ L.S. Roast Turkey Sirloin Tips w/L.SL.S. Lemon Chicken *L.S. Stuffed?eppe: Lemon Wedge L.S. Gravy Gravy Breast *Orange Juice *L.S. Coleslaw Apple Juice *Swiss Chard Tossed Salad w/L.S *L.S. Scalloped Italian Ve etabl *Sweet Potato Whole Kernel Corn Dressing Potatoes Rice Pilaf Mied Vegetables 1007. Whole Wheat *Baked Potato or Peas or *Steamed *Orange or Melon wheat Roil/L.S. Bread/L.S. Mar- Oven Srwn.-Potatoes Cabbage Margarine garine Green Bean3 -;. French Bread/L.S. Cranberry Sauce Fresh Fruit Dinner Roll/L.S. - Margarine Dietetic Strawberry . Margarine Fruit Cocktail Gelatin w/Pears Diced Apples L.s Chicken atewo Pot ?oast/L.S- L.S. Spaghetti & ?oast Pork/L.S. L.S.Braised Bees" LS Chicken ala King Gravy Meatballs or Gravy w/Onions,tomatoes or LS'Chicken Sal. Pineapple Juice L.S. Lasagna Apple Juice & Mushrooms *Winter Mix or Oven *Baked Potato *Broccoli . L.S. Baked Beans Tossed Salad/L.S. Browned Potatoes Capri Vegetas bleCarrots *Swiss Chard Dressing or L.S Coleslaw 1007 Whole Wheat French Bread/L:S. Beets or L.S 'cheat RollL.S. Green Beans Mari- nated Beets Bread Margarine Margarine *Oven Rsted,Zotatoe Din Roll or Rice/L Fresh Fruit Premes Applesauce (1-oz.) Wheat Bread/L•:S. Marg. Apricot Halves 1Kargarine i { *Orange or Melon Swiss Steak w%L.S. L.S. icxen mon6 L.S. Mock Crab Sal' i.3 Hot Eurk Sand or L.S. Macaroni & Bake (T&L) or-L.S MockCrabCass. L.S Turkey Salad Cheese or Cold L.S * Gravy Apple Juice Tossed Salad/L.S. *Orange Juice Mac & Ch. .Salad Baked Potato * Dressing, or *Sweet Potato or Green Salad w/L.S Italian Mixed Broccoli Lettuce,Tom. &Onion L.S Coleslaw Dressing Whole Kernel Corn Carrots or Carrot Vegetables Beets or L.S. Mari Peas or Pea/C x�ot 1007 Whole Wheat Dinner Roll/L.S, e & Pasta Saud -M n Sa:L Bets or Pineap S1. Bread/L.S. Mar- Margarine . Wheat Brd/L.S 'Marg *Winter Mia or'L.S - reaches cheat Roll az Rice/ 3-3ean Salad arine { Cranber_-y Sauce g L.S. Margarine French Bread/L.S. Fresh Fruit Tangerine or Melon Dietetic Cherry Marg Gelatin w/Pears *Citrus Fruit Cu L.S. B.B.Q. Pork L.S. Swiss Burger L.S. B.B.Q. Beef L.S. Herb Chicken L.S. Veal Parmesan Apple Juice *L.S. Potato Salad AIL.S. Coleslaw or Breast (1 oz. L.S. Cheese) *L.S. Scalloped L.S. Baked Beans Steamed Cabbage *Orange-Pineapple Tossed Salad/L.S. Potatoes L.S. Catsup,.Mus=• Capri Vegetables Juice Dressing *Normandy Vegetablec Card, Mayonnaise Bun or Rice/L.S.. Italian Vegetables *Swiss Chard Applesauce (1 oz.) Lettuce, Tomato & Margarine Spaghetti w/L.S Whole Kernel Cbrn. Wheat Bread/L.S. Onion Fresh Fruit (h C.JHarinara.Sauce French Bread/L.S. ' Margarine Bun . *Orange or *Melon Margarine Peaches Hot Diced Apples Pears L.S. Roast Turkey L.S. Meat oai L.S. B.B.Q. Chicken Roast Beef/L.S. L.S. Cod Fish w w/L.S. Gravy Gravy (T&L) Gravy Lemon Wedge *Pineapple Juice *Orange Juice Tossed Salad/L.S. *Baked Potato *L.S. Coleslaw *Sweet Potato *fin Browned Dressing Peas Mixed Vegetables Green Beans Potatoes. L.S. Sc�lloped Wheat Bread/L.S. Rice Pilaf Dinner Roll *Broccoli Roll./L.S. -Potatoes Margarine Peaches Margarine Wheat Roll/L.S. kWinter Mi:c Fresh Fruit Cranberry Sauce Margarine French Bread/L.S. Pineapple Slices Dietetic Raspberry Margarine Gelatin w/Pears Banana g L.S. Beef Stew (;Old Flate: pr-Oct L.S. Macaroni,Beef Roast ?irk wL Lima L.3 Hawaiian Pine- *Orana Juice Beef or L.S T rkey - & Cheese (Z oz.g 9eaus apple Chicken(T&L) g ( Oz.) Oran a-Pines Juic To-- Sallad w/L.S Apple Juice L.S. Harvard Beets L. Cott Ch&Pines S1 p• Dressing 2 oz.) Itsl an Vegetables * Capri Vegetables Rice Baked Potato getables L. Potato Salad or Whole Kernel Corn Peas/Carrots L.S. Scalloped *Tangerine or Melon ArOven Roast Potatoes Wheat Roll/L.S. Dinner Roll/L.S. Potatoes Car-Rais Sald or Car \ 100% Wh Wh Brd/LSMar Margarine Margarine French Bread/L.S. L.S. Mayo.&Mustard Dietetic Cherry *Apple Sauce (1 oz. Margarine Fresh Fruit Gelatin w/Peaches Citrus Fruit Cup I Apricot Halves EXHIBIT E-1 • Holiday and Special Even.. Menus - Regular Oiet Bulk Meals July 4th January Hotdog (Bun) w/Cheese Baked Ham/Pineapple Sauce *Orange Juice *Pineapple Juice Baked Beans Black Eyed Peas r *Coleslaw *Mustard Greens Condiments Cornbread/Margarine *Melon Wedge Peach Cobbler (Peaches) August BeeT Chop Suey February w/Fresh Onion, Celery, Sole Almondine w/Lemon Wedge Water Chestnuts & *Oracot Juice Bean Sprouts Green Beans Apple Juice Rice *Broccoli Cherry Cake Rice *(Citrus Fruit Cup) *Melon Wedge March September Co rned'Beef & *Cabbage Li— v� er� && Onions *Oracot Juice *Oranges rapefrui t Juice *Potatoes O'Brien Green Beans Carrots *Scalloped Potatoes WholeWheat Roll/Margarine Dinner-Roll/Margarine Sherbet Apple Brown Betty (Apricot Halves) (Diced Apples) April October Vea Birds/Mushroom Sauce Poi sh Sausage/Bun *Orange-Pineapple Juice Apple Juice *Mashed Potatoes *Sauerkraut or *Cooked Cabbage *Sroccol-i *Hot Potato Salad Dinner Roll/Margarine' German -Chocolate Cake Apple Brown Betty (Applesauce) (Diced Apples) November May Veal Birds/Sauce Beef Burgundy w/Pearl Onions Cran-Apple Juice and Mushrooms Peas w/Pearl Onions Apple Juice *Sweet Potatoes *Mashed Potatoes Dinner-Rolls/Margarine Carrots, Pumpkin Pie/Topping Din-'-ner Roil/Margarine (Apricot Halves) Strawberry SHortcake *(Citrus Cap) December- Ham/Raisin Sauce June *Pineapple Juice Picadillo *Scalloped Potatoes *Orange-Pineapple Juice Carrots Refried Beans Sour.Dough Roll/Margarine Spanish Rice Ice Cream Cornbread w/Margarine (Diced Pears) *Fresh Melon Wedge . EXHIBIT E-2 Regular Diet Prepackage4i ..seals Holiday and Special Event Menus July 4th January Hotdog (Sun) w/cheese Baked Ham/Pineapple Sauce Orange Juice *Pineapple Juice Baked Beans Black Eyed Peas *Coleslaw *Mustard Greens Condiments Cornbread/Margarine Hot Diced Apples Peach Cobbler (Peach Halves) Auqust BeeT Chop Suey February w/Fresh Onion, Celery, Water We Almondine w/L-amon Wedge Chestnuts and Bean Sprouts *Orange Juice Apple Juice Green Beans *Broccoli Rice Rice CherT"j Cake *Melon Wedge (Citrus Cup) Seotember March Liver Y Onions Corned Beef & Cabbage *Oran ge-Grapefrui t Juice *Orange Juice Green Beans *Potatoes O'Brien *Scalloped Potatoes Carrots Di nne r-Ro I I/Marga rif ne Who a Wheat Roll/Margarine Apple Brown Betty Chocolate Pudding (Diced Apples) (Apricot Halves) OctoberAoril P�ol s�h Sausage/Bun Veal Birds/Mushroom Sauce Apple Juice *Orange-Pineapple Juice *Cooked Cabbage *Mashed Potatoes *Hot Potato Salad *Broccoli German Chocolate Caker Roll/Margarine (Applesauce) Apple Brown Betty (Diced Apples) November Veal-Birds/Sauce May Cran-Apple Juice Beef Burgundy w/Peas/Onions and Peas w/Pearl Onions Mushrooms *Sweet Potatoes Apple Juice Dinner-Rolls/M rgarine *Mashed Potatoes Pumpkin Pie/Topping Carrots (Apricot Halves) Dinner Roll/Margarine Strawberry. Shortcake December *(Citrus Fruit Cup.) Ham/Ra sin Sauce *Pineapple Juice June *Scalloped Potatoes Picadillo Carrots *Orange-Pineapple Juice Souir, Dough Roll/Margarine Refried Beans Tapioca Pudding Spanish Rice (Diced Pears) Cornbread w/Margarine *Melon Wedge EXHIBIT E-3 _ Sodium Restricted Prepaciw,.d Meats Holiday and Special Event. Menus July 4th January Hot Turkey Sandwich Roasted Pork/Pineapple Sauce *Orange Juice *Pineapple Juice Whole Kernel Corn Black Eyed Peas *Coleslaw *Mustard Greens Condiments Wheat Roll/L.S. Margarine Hot 01ced Apples Peach Halves Au ust February L.S. Beef Chop Suey L.S. Sole Almondine w/Lemon Wedge w/Fresh Onions , Celery *Orange Juice Water Chestnuts, and. Green Beans Bean Sprouts Rice Apple Juice *Citrus Cup *Broccoli Rice Ma rch *Melon Wedge Braised Beef & Cabbage *Orange Juice September *Qaked Potato Liver & Onions Carrots *Orange-Grapefruit Juice Whole Wheat Roll/L.S, Margarine Green Beans Apricot Halves Whole Kernel Corn Dinner Roll/Margarine April Diced Apples Veal Steak/Mushroom Sauce Orange-Pineapple Juice October *Mashed Potatoes L.T.—Sloppy Joe/Bun *Broccoli Apple Juice Dinner Roll/Margarine *Cooked Cabbage Diced Apples *L.S. Hot Potato Salad Applesauce May L.S. Beef Burgundy w/Pearl Onions November and Mushrooms V—ea77'eak/Sauce Apple Juice Cran-Apple Juice *Baked Potato Peas w/Pearl Onions Carrots *Sweet Potatoes Din-ner Roll/L.S. Margarine Dinner o s Margarine *Citrus Cup Apricot Halves June December L.S. Picadillo Pork Raisin Sauce *Orange-Pineapple Juice *Pineapple Juice *Zucchini/Tomatoes *Baked Potato Spanish Rice Carrots Tortilla w/L.S. Margarine Sour Dough Roll/Margarine *Melon Wedge Diced Pears - - EXHIBIT E-4 Vegetab 1 e Mixes Capri Vegetable Mix - Carrots, green. beans, yellow squash, zucchini Vitamin .0 - 10Z Vitamin A - 135% Italian Vegetable Mix - Carrots, cauliflower, zucc`ji-ni, lima beans, peas, Italian beans Vitamin C - 15% Vitamin A - 80: Winter Vegetable Mix - Cauliflower, broccoli Vitamin C - 90% Vitamin A - 15% Normandy Vegetable Mix - Broccoli, carrots, cauliflower Vitamin C - 40Z Vitamin A - 1O Polynesian Vegetable Mix - Sliced green beans, broccoli,. sweet onions, mushrooms, red pepper, celery Vitamin -C -r 15% Vitamin A - .15% Succotash - Luna Beans, whole corn Vitamin C - 6 mg, - 101 Vitamin 'A - 300 i. U,- 33% SPECIAL CONDITIONS Number: 22-219-16 1. Monitoring. Assessment and Evaluation. a. Authorized County, State and/or Federal representatives shall have the right to monitor, assess and evaluate Contractor's performance pursuant to this Contract. Monitoring, assessment and evaluation may include, but but may not be limited to: audits, inspections of Contractor's premises, inspection of food preparation sites, and interviews with Contractor's staff. b. Contractor shall cooperate with the County in the monitoring, assessment and evaluation processes. 2. Records. In addition to providing services in accordance with Paragraph 3. (Records) of the General Conditions: a. Contractor shall keep and make available for inspection by authorized representatives of the County, State and Federal Governments the Contractor's regular business records and such additional records as may be required by County. b. Contractor and County shall retain all documents and records pertaining to this Contract for four years from the termination of the Contract, or until all Federal/State/County audits are complete, and exceptions resolved for the funding period covered by this Contract. C. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and kept available by Contractor until every action has been cleared to the satisfaction of the State and has been so stated in writing to Contractor. 3. Confidentiality. Paragraph 16. (Confidentiality) of the General Conditions is hereby modified to read as follows: "16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not .limited to, the identity of persons served under this Contract, their records, or-services provided them, and assures that: a. All applications and records concerning, any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing Initials: Contractor County Dept. 1 SPECIAL CONDITIONS Number: 22-219-16 such information other than as authorized by law may be guilty of a misdemeanor. C. Contractor shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. d. Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Contract. e. Contractor shall not use such identifying information for any purpose other than carrying out the Contractor's obligations under this Contract. f. Contractor shall not disclose, except as otherwise specifically permitted by this Contract or authorize the release of information to specific entities, but shall not request or encourage any participant togive a blanket authorization or sign a blank release, nor shall Contractor accept such from any participant. g. For the purposes of this Paragraph, identity shall include, but not be limited to, name, identifying number, symbol or other identifying characteristic assigned to the individual, such as finger or voice print or a photograph. " 4. Indemnification. Paragraph 18. (Indemnification) of the General Conditions is hereby modified to read as follows: "18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and the State of California and their officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. " 5. Insurance. Paragraph 19. (Insurance) of the General Conditions is modified to read as follows: "19. Insurance. During the entire term of this Contract and any . extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements: a. Automobile Insurance. The Contractor shall provide insurance for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000, for injury or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the Initials: Contractor County Dept. 2 SPECIAL CONDITIONS Number: 22-219-16 County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. b. General Liability Insurance. The Contractor shall provide comprehensive general liability insurance with a minimum combined single limit coverage of $3,000,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. C. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. d. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. e. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. " 6. Renewal Provisions. Paragraph 22. (Nonrenewal) of the General Conditions is hereby modified to read as follows: "22. Nonrenewal. a. Subject to continued program funding, this Contract may be renewed or extended by mutual agreement of County and Contractor expressed in writing, for a maximum of one additional year, provided the Contractor has satisfactorily performed the services set forth herein. b. In the event that this Contract is renewed for a one-year term from July 1, 1995 through June 30, 1996, the unit meal prices for the year shall be set at the unit meal prices in effect during the period from July 1, 1994 through June 30, 1995, plus an adjustment equal to any increase in the "For Food Away From Home Price Index, for Bay Area Cities and Urban Areas" (published monthly by the Bureau of Labor Statistics of the United States Department of Labor) for the one-year period ending December 31, 1994. However, any such adjustment shall not exceed a 5% increase over the unit meals prices set forth in this Contract. C. Notwithstanding Subparagraph a. above, Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or Initials: Contractor County Dept. 3 SPECIAL CONDITIONS Number: 22-219-16 hearing respecting any failure to .continue purchase of all or any such services from Contractor. " 7. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. Initials: Contractor County Dept. 4 Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Law. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor. Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor that are necessary to verify the nature and extent of allcosts and charges thereunder. This special condition is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. 1 . Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) 5. Termination. a. 'Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses. The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages. C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes,.may be developed and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject-to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. 2 Contra Costa County Standard Form 1187 GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal .Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. . Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. 3 . Contra Costa County Standard Form 1/87 GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify,save, and hold harmless the County and its officers and employees from any and all claims, costs and liability for any damages, sickness, death, or injury to person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including reasonable attorneys' fees, the County may make by reason of the matters that are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of$500,000 for all damages, including consequential damages,due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that other insurance policies held by them or their self- insurance program(s) shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. b. Workers' Compensation. The Contractor shall provide workers' compensation insurance coverage for its employees. C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. 4 „ Coptra Costa County Standard Form 1187 GK4ERAL CONDITIONS (Purchase of Services) d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material changes of the above specified coverage. 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which this Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration of termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third- party be:iefciar:es of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such -materials, in whole or in part, and to authorize others to do so. 5