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HomeMy WebLinkAboutMINUTES - 09171996 - C54 To: % BOARD OF SUPERVISORS Contra t FROM: SCOTT TANDY, DIRECTOR ;,.� ' Costa COMMUNITY SERVICES DEPARTMENT County DATE: September 17, 1996 ° N SUBJECT: APPROVAL OF INTERAGENCY AGREEMENTS WITH THE ANTIOCH UNIFIED SCHOOL DISTRICT AND THE MT. DIABLO UNIFIED SCHOOL DISTRICT SPECIFIC REQUEST(S)OR RECOMMENOATION(S)L BACKGROUND AND JU8TIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or designee to execute Interagency Agreements for Head Start food services effective September 9, 1996 through June 27, 1997 as follows: Number Agency Payment Limit 38420 Antioch Unified School District $ 85,600 38421 Mt. Diablo Unified School District 64,800 II. FINANCIAL IMPACT: No County funding is required. Funding is allocated by the Head Start program's total budget which is derived from the U.S. Department of Health and Human Services Administration for Children and Families. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: These Interagency Agreements will continue to provide food services (breakfasts, lunches, and snacks) for Head Start sites in East and Central County. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD GOM APPROVE OTHER SIONATURE S : / ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER 7UNANIMOUS(ABSENT OF SUPERVISORS I HEREBY CERTIFY THAT THIS 13 A TRUE AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OFTHE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. M f'ACT: Scott Tandy 313-7369 CC: CAO ATTESTED -e/1'n h_ CSD PHIL BA CHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382 (10/88) Contra Costa County Number 38-420 Standard Form INTERAGENCY AGREEMENT Fund/Org# 1438 (Agency Provides Services) Account# 2310 1. Contract Identification. Department: Community Services Subject: Interagency Agreement Between Contra Costa County (Community Services Department) and Agency named below for Head Start Food Service 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows: Agency: ANTIOCH UNIFIED SCHOOL DISTRICT (hereinafter "Agency") Capacity: Public agency Address: 701 West 18th Street, Antioch, California 94509 3. Term. The effective date of this Agreement is September 9, 1996 and it terminates June 27, 1997 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Agency under this Agreement shall not exceed $ 85,600 5. County's Obligations. County shall pay Agency for its provision of the services as set forth in the attached Payment Provisions which are incorporated herein by reference, subject to all terms and conditions contained or incorporated herein. 6. Agency's Obligations. Agency 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. Independent Contractor Status. This Agreement is between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 8. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: California Government Code Section 23008, 26227, and 31000, et seq. 9. Signatures. These signatures attest the partie's agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ANTIOCH UNIFIED SCHOOL DISTRICT BOARD OF SUPERVISORS By Chairman/Designee (Authorized Official of Agency) Recommended by Department: (Designate Title) By Designee Approved: County Administrator By Designee Approved: County Counsel By Contra Costa County INTERAGENCY AGREEMENT PAYMENT PROVISIONS Number 38-420 1. moment Amounts. Sub'ect to the Payment Limit of this Agreement and subject to the following Payment Provisions, County will pay Agency the following fees as full compensation for all services, work, expenses or costs provided or incurred by Agency: $ 0.90 per breakfast meal, not to exceed a total of 17,632 breakfast meals during the term of this contract; $ 1.75 per lunch meal, not to exceed a total of 35,912 lunch meals during the term of this contract; and $ 0.375 per snack, not to exceed a total of 18,280 snacks during the term of this contract. 2. Payment Invoices. Agency shall submit an itemized invoice by the 10th of each month for meals provided during the previous month. The original invoice, with all the documentation attached, shall be sent to: Contra Costa County Community Sevices Department ATTN. Vivian Farquhar 2425 Bisso Lane, Suite 120 Concord, California 94520-4830 A duplicate copy of the invoice, with all the documentation attached, shall be sent to: Community Services Department Child Nutrition Division ATTN: Claire Maxwell 847-B Brookside Drive Richmond, CA 94801 Initials: Agency Co.Dept. SI SERVICE PLAN Contract # 38-420 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the County and the Agency to provide food service for Head Start Programs in East County. 2. Agency's Obligations. Agency shall: a. Prepare bulk lunch for family-style service and delivery, including milk in half-gallon containers, cups, plates, napkins, and plastic eating utensils, Mondays through Thursdays, to County-operated facilities as specified below: Locatio dumber of Meals Per Day (1) Bridgemont Center 18 breakfast meals 801 J Street 36 lunch meals Antioch, CA 94509 18 snacks (2) Fairgrounds Center 40 breakfast meals 10th & L Streets 80 lunch meals Art Building 40 snacks Antioch, CA 94509 (3) Gehringer Center 20 breakfast meals Highway 4 & Bolton Road 40 lunch meals Oakley, CA 94561 20 snacks (4) Sunset Center 18 breakfast meals 3309 Sunset Lane 36 lunch meals Antioch, CA 94509 18 snacks (5) Los Nogales 20 breakfast meals 321 Orchard Drive 40 lunch meals Brentwood, CA 94513 20 breakfast meals b. Assure that breakfast and lunch meals comply with the nutritional standards adopted by the United States Department of Agriculture (USDA) for the Child Care Food Program and comply with the meal patterns as specified for "Ages 3 to 6 years" on the attached Exhibit A "Table 3, Meal Patterns for Older Children (Ages One Through Twelve Years)," which is incorporated herein by reference. C. Assure that snacks comply with the nutritional standards adopted by the USDA for the Child Care Food Program and comply with the meal patterns as I Initials: Agency Co.Dept. SERVICE PLAN Contract # 38-420 specified for "Ages 3 to 6 years" on the attached Exhibit B "Table 3A (Continued)," which is incorporated herein by reference. d. Ensure that foods are kept at the proper temperatures and under sanitary conditions until the time of delivery. e. Provide County with a monthly menu by the 15th of the month prior to the beginning of the month covered by said menu. f. Provide County with Agency's School Calendar showing school holidays upon execution of this Agreement, and notify County at least five (5) days in advance when meals will not be provided due to a Staff Development/Training Day. g. Maintain full and accurate records which document the menus, nutritional components of the lunches, and the number of meals delivered on a daily basis to the County. h. Sack lunches shall be provided according to CCFP requirements for field trips when requested by County seven school days in advance of trip. Perishable foods shall be packed in insulated containers with ice if necessary to maintain proper temperatures up until time of service. i. Maintain full and accurate records which document the following: (1) Menus and lists of nutritional components and quantities used to prepare meals and (2) The number of meals delivered on a daily basis to the County. j. Retain required records for a period of five (5) years after the end of the fiscal year to which they pertain (or longer, if an audit is in progress). k. Provide an additional number of meals besides the above-specified when requested by the County at least five (5) days in advance. 3. County's Obligations. County shall pay Agency for food service under this Agreement as set forth in the Payment Provisions. In addition, County shall: a. Ensure that an individual is available at the delivery location each day to receive and sign for the requested lunches and verify safe temperature and sanitary conditions of meals (by visual inspection of conditions of food and containers). 2 Initials: Agency Co.Dept. SERVICE PLAN Contract # 38-420 b. Be solely responsible for the care and condition of meals after receipt from Agency. C. Provide staff to serve meals and clean serving area. d. Review menus provided by Agency for compliance with Child Care Food Program requirements. e. Advise the Agency's Director of Food Service verbally and in writing regarding adjustments to the menus or services. f. Issue payment for meals within 45 days of receipt of itemized invoices. 4. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Agreement may provide some aid or assistance to members of the County's and the Agency's population, it is not the intention of either the County or the Agency that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. 5. Compliance with Law. the parties shall be subject to and comply with all federal, state and local laws and regulations applicable with respect to its performance under this Agreement, including, but not limited to, licensing, employment, and purchasing practices, and wages, hours, and conditions of employment, including nondiscrimination. 6. Entire Agreement. This Agreement 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 Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Indemnification. a. County shall indemnify and hold harmless Agency, its officers and employees, from County's share of all liability, losses, costs or expenses, including attorney's fees, arising out of the responsibilities of County, its officers, agents, or employees, as set forth in this Agreement. b. Agency shall indemnify and hold harmless County, its officers and employees, from Agency's share of all liability, losses, cost of expenses, including 3 Initials: Agency Co.Dept. SERVICE PLAN Contract # 38-420 attorney's fees, arising out of the responsibilities of Agency, its officers, agents, or employees, as set forth in this Agreement. 8. Insurance. Both parties are self-insured. No other insurance is required. 9. Termination. This Agreement may be terminated by either party without cause by giving thirty (30) days advance written notice thereof to the other party or canceled immediately by written mutual consent. 10. 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, the Comptroller General, the County, 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 Secretary, the Comptroller General, the County, 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 all costs and charges hereunder. 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. 11. 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. 12. Nondiscrimination Clause (OCP-1). During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family and medical care 4 Initials: Agency Co.Dept. SERVICE PLAN Contract # 38-420 leave and denial of pregnancy disability leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5 Initials: Agency Co.Dept. EXHIBIT A Meal Pattems Table 3(below)presznts the CCF?meal put=for children ow dwough twdve y� of agt,The atnmtmts of food lismd arc win maw requirements for each age group.Tzb!c .17(page"pfesents.thc CCP?meal pattens fat infants up to one year of age-- Table 3. -Meal Patterns for Older Children(Ages One Through Twelve Years) Ages 1 to Age63 to Ages 6 through Food components 3 year;, 6 years 12 years I3re�kS2ts1: 1. Milk,fluid 1/2 cup 3/4 cup 1 cup 2. Vegetabte,truiL.orfuli-strength juice 1/4 cup 1/2 cup 112 cup 3. Bread and bread atternates.(whole grain or enriched): Bread 112 slice 1/2 slice 1 slice or cornbread,rolls,muffins,or biscuits 112 serving 1/2 serving 1 serving or cold dry cereal(volume or weight, 1/4 cup 1/3 cup 3/4 cup whichever Ls less) or 1!3 oz- or 1/Z oz- or 1 oz. or cooked cereal,paste,noodle products. or cereal grains 1/4 cup 1/4 cup 1/2 cup Lunch or Eupper. 1. Milk, luld 1/2 cup 3/4 cup 1 cup 2. Vegetable and/or fruit(2 or more kinds) 114 'cup.total 1/2 cup total 3/4 cup total 3. Bread and bread alternates (whole gnz n or enriched)- Bread 1/2 slice 1/2 slice 1.stice or cornbread;roils,muffins,or biscuits 1/2-serving 112 serving 1 serving brcooked cereal,pasta.noodle products, orcereal grains, 114 cup 1/4 cup 112 cup 4. Meat or meat alternates 1 oz 1-112 oz. 2 at. Lean meat,frsti,or poultry (edible portion as served) or cheese or cottage cheese -1 oz. 1-1/2 oz. 2 oz. or egg 1 egg 1 egg 1 egg or cooked dry beans a peas' 1/4 cup 3/8 cup 112 cup or peanut butter,soy nut butter,or 2 Tbsps. 3 Tbsps- 4 Tbsps. other nut or seed buffers or peanuts,soy nots,tree nuts,or seeds" 1/2 oz."' 3/4 07."` 1 oz.— or an equivalent quantity of any combination of.the above meat/meat alternates (con6wed) 'In the roma meat servioe,dried beans or dried peas may be used as a meat alternate or as a veggetabla:however,tach use does sot satisfy the requirement for both componentr, "Tree nuts and seods that may be used as meat ettem rtes are lisiw in Section i. ---No more than$a perQent of the regviremant shall be met with nvta or seeds.Hutt or seeds stall be combined with anott— meaurneot alternate to fuirat tno requirement For The pvrpose of determining combinofions,Z oz,of nuts or need3 4 equal to I oz. of cooked leen meat,poultry.offish. --Juice may not be served wnewt milk is§erved az the only other component- S Exhibit B Table 3A (Continued) Ages 1 to Ages 3 to Agar 6 tt%rouph Food components 3 years 6 years 12 years A.fu_or P.M.Supplement (Selecl2 of these 4 components.)' 1. Milk,fluld 1/2 cup 1/2 cup 1 cup 2. Vegetable,fruit,or full-strength juice 12 cup 1/2 cup 314 cup 3. Bread and bread alternates(whole grain or enriched): Bread 1/2 slice 12 slice 1 slice or aomtxead,rolls,muffins,or biscuits 1/2 serving 1/2 serving 1 serving or cold dry cereal(volume or weight,whichever Is less) 1/4 cup or 1/3 oz. 113 cup or 112 oz. 314 cup or 1 oz. or cooked cereal,pasta,noodle products,or cereal grains 1/4 cup 1/4 cup 12 cup 4. Meat/meatattemates: Lean meat,fish,or poultry(edible portion as Served) 12 oz. 112 oz. i oz. or Cheese 12 oz. 1/2 Oz. 1 Oz. or egg 112 egg 1/2 egg 1 egg or cooked dry beans or peas" 118 cup 1/8 cup 1/4 cup or peanut boiler,soy nut butler,or other nut or seed butters t Tbsp. 1 Tbsp. 2 Tbsps. or peanuts,soy nuts,tree nuts,or seeds"' 12 oz. 1/2 oz. 1 oz. or}'y;!r :iv cup 1/4 cup 12 cup or an equlvalent quantity of any combination of the above meaYrnoat alternatives Jvice may not be served wb rn milk Is served as the only other component in the same meal service,dried beans or dried peas may be used as a meat ahemate or as a vegetabte;haNever,such use does not satisfy the regviromem for both components- Tree nuts and seeds that may be used as meat alternaacs are fisted in Sedan 1. Contra Costa County Number 38-421 Standard Form INTERAGENCY AGREEMENT Fund/Org # 1437 (Agency Provides Services) Account# 2310 1. Contract Identification. Department: Community Services Subject: Interagency Agreement Between Contra Costa County (Community Services Department) and Agency named below for Head Start Food Service 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Agency mutually agree and promise as follows: Agency: MOUNT DIABLO UNIFIED SCHOOL DISTRICT (hereinafter "Agency") Capacity: Public Agency (School District) Address: 1936 Carlotta Drive, Concord California 94519-9989 3. Term. The effective date of this Agreement is September 9, 1996 and it terminates June 27, 1997 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Agency under this Agreement shall not exceed $ 64,800 5. County's Oblations. County shall pay Agency for its provision of the services as set forth in the attached Payment Provisions which are incorporated herein by reference, subject to all terms and conditions contained or incorporated herein. 6. Agency's Obligations. Agency 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. Independent Contractor Status. This Agreement is between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association. 8. Legal Authority. This Agreement is entered into under and subject to the following legal authorities: California Government Code Section 23008, 26227, and 31000, et seq. 9. Signatures. These signatures attest the partie's agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA MOUNT DIABLO UNIFIED SCHOOL DISTRICT BOARD OF SUPERVISORS By Chairman/Designee (Authorized Official of Agency) f Recommended by Department: (Designate Title) By Designee Approved: County Administrator By Designee Approved: County Counsel By Designee Contra Costa County C S INTERAGENCY AGREEMENT PAYMENT PROVISIONS Contract 38-421 1. Payment Basis. Subject to Paragraph 4. (Payment Limit) of this Agreement and subject to the following Payment Provisions, County will pay Agency the following fees during the term of this Agreement as full compensation for all services, work, expenses, or costs provided or incurred by Agency: $ 1.05 per breakfast meal delivered by Agency, not to exceed 3,648 delivered breakfast meals; $ 0.95 per breakfast meal picked-up by County, not to exceed 7,144 picked-up breakfast meals; $ 1.90 per lunch meal delivered by Agency, not to exceed 8,144 delivered lunch meals; $ 1.80 per lunch meal picked-up by County, not to exceed 16,596 picked-up lunch meals; $ 0.70 per snack delivered by Agency, not to exceed 4,496 delivered snacks; and $ 0.60 per snack picked,-up by Agency, not to exceed 9,452 picked-up snacks. 2. Payment Invoices. Agency shall submit an itemized invoice by the 15th of each month for meals provided ruing the previous month. The original invoice, with all the documentation attached, shall be sent to the following: Contra Costa County Community Services Department ATTN: Vivian Farquhar 2425 Bisso Lane, Suite 120 s Concord, CA 94520-4830 A duplicate copy of the invoice, with all the documentation attached, shall be sent to the following: Comunity Services Department Child Nutrition Division ATTN: Claire Maxwell 847-B Brookside Drive Richmond, CA 94801 Initials: Agency Co.Dept. Contra Costa Count C y� Y INTERAGENCY AGREEMENT SERVICE PLAN Contract 38-421 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the County and the Agency to provide food service for the Head Start Program operated by the County's Community Services Department. 2. Agency's Obligations. Agency shall: a. Prepare bulk meals for family-style service, including milk in half-gallon containers, four days a week (Monday through Thursday) for the County- operated Head Start facilities specified below: Location Number of Meals Per Day Method of Transport Cambridge Community Center , 23 breakfast meals 1135 Lacey Lane 44 lunch meals Picked-up by County Concord, California 94520 21 snacks George Miller Center 24 breakfast meals 3020 Grant Street 46 lunch meals Delivered by Agency Concord, California 94520 22 snacks Lavonia Allen Center 24 breakfast meals 94 1/2 Medanos Avenue 46 lunch meals Picked-up by County Bay Point, California 94565 22 snacks The meals shall not include eating utensils, napkins, or drinking straws. b. Deliver meals by 10:30 a.m. and have those meals that are picked-up ready for transport by 10:30 a.m. C. Assure that said meals comply with the nutritional standards adopted by the United States Department of Agriculture (USDA) for the Child Care Food Program and comply with the meal patterns for ages 3 to 6 years as specified in the attached Exhibit A. "Table 3, Meal Patterns for Older Children (Ages One Through Twelve Years)," which is incorporated herein by reference. d. Assure that snacks comply with the nutritional standards adopted by the USDA for the Child Care Food Program and comply with the meal patterns as specified for "Ages 3 to 6 years" on the attached Exhibit B "Table 3A (Continued)," which is incorporated herein by reference. 1 Initials: Agency Co.Dept. Contra Costa County C .54 INTERAGENCY AGREEMENT SERVICE PLAN Contract 38-421 e. Ensure that foods are kept at the proper temperatures and under sanitary conditions until the time of delivery. f. Pick-up transport containers on the same day of delivery. g. Provide County with a monthly menu by the 15th of the month prior to the beginning of the month covered by said menu. h. Notify County five (5) school days in advance when meals will not be provided for certain sites due to a holiday/training day, including but not limited-to the following schedule of District Staff Development Days: Cambridge Community Center & George Miller Center Lavonia Allen October 25, 1996 October 24, 1996 March 13, 1997 October 25, 1996 March 14, 1997 February 28, 1997 May 9, 1997 March 13, 1997 March 14, 1997 May 9, 1997 L Maintain full and accurate records which document the following: (1) Menus and lists of nutritional components and quantities used to prepare meals and (2) The number of meals delivered on a daily basis to the County. j. Retain required records for a period of five (5) years after the end of the fiscal year to which they pertain (or longer, if an audit is in progress). S k. Provide sack lunches that meet Child Care Food Program requirements for field trips when requested by County five (5) school days in advance of a trip. Perishable foods shall be packed in insulated containers with ice if necessary to maintain proper temperatures up until time of service. 1. Provide an additional number of meals besides the above-specified when requested by the County at least five (5) days in advance. 2 Initials: Agency Co.Dept. Contra Costa Count C S� Y INTERAGENCY AGREEMENT SERVICE PLAN Contract 38-421 3. County's Obligations. County shall pay Agency for food service under this Agreement as set forth in the Payment Provisions. In addition, County shall: a. Ensure that an individual is available at the delivery location each day to receive and sign for the requested meals and verify safe temperature and sanitary conditions of meals (by visual inspection of conditions of food and containers). b. Be solely responsible for the care and condition of meals after receipt from Agency. C. Provide staff to serve meals and clean serving area. d. Review menus provided by Agency for compliance with Child Care Food Program requirements and developmental appropriateness of food for preschool- age children, advising the Agency's Food Service Supervisor verbally and in writing regarding adjustments to the menus or services. Menu changes shall be subject to agreement between County and Agency. f. Issue payment for meals within forty-five (45) days of receipt of itemized invoices. g. Prepare and submit the claim for reimbursement to the State. County shall claim reimbursement from the State only for the number of meals served to eligible children, not the number of meals delivered. h. Collect and document the number of meals served by type and eligibility category. i. Print and distribute to parents the Eligibility Application, the required Letter to Parents, and the current eligibility scale. County shall receive and approve the completed eligibility applications and report on the Claim for Reimbutsement the number of applications approved for free, reduced, and base price meals. j. Request sack lunches from Agency at least five (5) school days in advance of desired preparation date. 4. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's and the Agency's population, it is not the intention of either the County or Agency that 3 Initials: Agency Co.Dept. Contra Costa County ' S� INTERAGENCY AGREEMENT SERVICE PLAN Contract 38-421 such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Agreement. 5. Compliance with Law. The parties shall be subject to and comply with all Federal, State, and local laws and regulations applicable with respect to its performance under this Agreement, including, but not limited to, licensing, employment, and purchasing practices, and wages, hours, and conditions of employment, including nondiscrimination. 6. Entire Agreement. This Agreement 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 Agreement shall be deemed to exist or to bind any of the parties hereto. 7. Indemnification. a. County shall indemnify and hold harmless Agency, its officers and employees, from County's share of all liability, losses, costs or expenses, including attorney's fees, arising out of the responsibilities of County, its officers, agents, or employees, as set forth in this Agreement. b. Agency shall indemnify and hold harmless County, its officers and employees, from Agency's share of all liability, losses, cost of expenses, including attorney's fees, arising out of the responsibilities of Agency, its officers, agents, or employees, as set forth in this Agreement. 8. I surance. Both parties are self-insured. No other insurance is required. 9. Modifications and Amendments. S a. General Amendments. This Contract may be modified or amended by a written document executed by Agency 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 Agency and the County Administrator or designee, subject to any required State or Federal approval, provided that such 4 Initials: Agency Co.Dept. Contra Costa County 'S INTERAGENCY AGREEMENT SERVICE PLAN Contract 38-421 administrative amendments may not materially change the Payment Provisions or the Service. 10. Termination. This Agreement may be terminated by either party without cause by giving thirty (30) days advance written notice thereof to the other parry or canceled immediately by written mutual consent. 11. 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, the Comptroller General, the County, 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 Secretary, the Comptroller General, the County, 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 all costs and charges hereunder. . 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. 12. 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. 13. Nondiscrimination Clause (OCP-11. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family and medical care leave and denial of pregnancy disability leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees 5 Initials: Agency Co.Dept. Contra Costa County INTERAGENCY AGREEMENT SERVICE PLAN Contract 38-421 and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. - S 6 Initials: Agency Co.Dept.