The URL can be used to link to this page

Home My WebLink AboutMINUTES - 07131993 - 1.98 TO: BOARD OF SUPERVISORS Contra FROM: Mark Finucane, Health Services Director (N V�lra By: Elizabeth A. Spooner, Contracts Administrato Costa DATE: July 1, 1993 County SUBJECT: Approval of Standard Contract #22-219-15 with Canteen - Division of TW Services, Incorporated SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Approve and authorize the Chair, Board of Supervisors, to execute on behalf of the County, Standard Contract #22-219-15 with Canteen - Division of TW Services, Incorporated, for the period from July 1, 1993 through June 30, 1994, with a payment limit of $816, 880, 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 #22-219-15 continues contract services through FY 1993-94,1 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 1993-94 are as follows: Bulk Standard Diet Mealls $2 .421 per meal Prepackaged Standard Diet Meals $2 . 658 per meal Prepackaged Modified Diet Meals $2 .701 per meal CONTINUED ON ATTACHMENT: YES SIGNATURE: Q RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENTI N OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: i AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Contact: Wendel Brunner, M.D. (313-6712) OF SUPERVISORS O THE DATE SHOWN. C C: Health Services (Contracts) ATTESTED Risk Management Phil Batch ,Cterk the Board of . Auditor—Controller Superris0 and CountyAdmiristratnr Contractor M3e2/7-e3 BY DEPUTY Gontra.Costa County Number 22-219-15 Standard Form 1/87 STANDARD CONTRACT Fund/Org #5766/67 (Purchase of Services) Account # 2310 1. Contract Identification..; IOther # Department: Health Services - Public Health Division 1 .9 8 Subject: Purchase of congregate and home-delivered meals for the 1 Contra CostaCounty Senior Nutrition Program 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: 1785 Rogers Avenue, San Jose, California 95112 Mailing Address: 1409 SommersvilleiRoad, Antioch, California 94509 3. Term. The effective date of this Contract is July 1, 1993 and it terminates June 30. 1994 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $816 ,880, i 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 I attached hereto which is incorporated herein by reference, subject to all the termsland 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. Pro ect. 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: 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISOR' / of Supervi ors and County Administrator By r f �-l �1�►-� By Chairman/Designee Deputy CONTRACTOR I � y A..o. By (Desigriate business capacity A) (Des'- nate business capacity B) Note to Contractor: For corporations (profit or nonprofit), the contract must be signed by tvo 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 2190 and Corporations Code Section 313). All signatures must be acknovledged as set forth on page tvo. Contra ,Costa County Standard Form 1/87 APPROVALS/ACKNOWLEDGEMENT Number 22-219-15 APPROVALS RECMIENDED BY DEPARTMENT FORM APPROVED By By �I sig ee _77— APPROVED: COUNTY ADMINISTRATOR B � y ACKNOWLEDGEMENT State of California ACKNOWLEDGEMEN (B Corporation, Partnership, or Ind vi ua CAn -rt E r Coa �orA County of R CHfl'S lop kXA-J ti. u,, ) , CA kt� 'or Al SusA .. C. LIC91 . 1Ec. ('c,. +� o llf2/ The person(s) signing above for tractor, knewr-teae- e in the individual or business capacity(ies) stated, or roved 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)(:t: ey 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] ti OFFICIAL SEAL Notary Public/Deputy County Clerk P C •""` ', BABUL K. SHETH m NOTARY PUBLIC-CALIFORNIA ALNn a Courmr ,My comm, o*ku FEB 12, 1994 -2- Cozitra- Gosta County PAYMENT PROVISIONS Standard Form 6/90 (Fee Basis Contracts) Number 22-219-15 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. ] [ J a. $ monthly, or [ ] b. $ per unit, as defined in the Service Plan, or [ ] c. $ after completion of all obligations and conditions herein. [R] d. The unit meal prices for bulk units and prepackaged units as set forth in Section III.C. of the Service Plan, provided that the payments shall not exceed $484.200 for bulk standard diet units, $305.670 for prepackaged standard diet units, and $27,010 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. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. 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 22-219-15 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. Servina 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------------ Observed Monday, July 5, 1993 Labor Day------------------- Monday, September 7, 1993 Columbus Day---------------- Observed Monday, October 11, 1993 Veteran's Day--------------- Monday, November 12, 1993 Thanksgiving Day------------ Thursday, November 26, 1993 Day after Thanksgiving------ Friday, November 27, 1993 Christmas Day--------------- Observed Friday, December 24, 1993 New Year's Day-------------- Observed Friday, December 31, 1993 Martin Luther King Jr. Day-- Monday, January 17, 1994 Presidents Day-------------- Monday, February 14, 1994 Memorial Day---------------- Monday, May 30, 1994 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 San Pablo Senior Center, 1943 Church Lane, San Pablo, CA Initials: C,�, r\) +.- Contractor County Dept. 1 SERVICE-PLAN Number 22-219-15 * 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 Marina Community Center, 340 Black Diamond, Pittsburg, 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: At Contractor County Dept. 2 SERVICE PIAN Number 22-219-15 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: c, Contractor County Dept. 3 SERVICE PLAN Number 22-219-15 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 Ideals. 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 B (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.1. 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, 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: C. 4` 1 Contractor County Dept. 4 i SERVICE PIAN Number 22-219-15 represented at this monthly meeting to respond to comments, questions and requests of participant representatives. 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 avvroved .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 Initials: Contractor County Dept. 5 SERVICE PIAN Number 22-219-15 subject to inspection, review and audit by authorized representatives of the County, State and Federal Governments. 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. Training. 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. Initials: C Contractor County Dept. 6 SERVICE PLAN Number 22-219-15 8. Not use County-provided equipment for any Contractor function or purpose other than -the provision of meals to the Senior Nutrition Program. 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. Initials: iV K1F� Contractor County Dept. 7 SERVICE PIAN Number 22-219-15 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 of each 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 PIAN Number 22-219-15 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: $ 2.421 per unit b. Prepackaged Standard Diet Units: $ 2.658 per- unit (including paper goods packaging) C. Prepackaged Modified Diet Units: $ 2.701 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 108 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. Initials: C- �J 1� 9 Contractor County Dept. EXHIBIT A MEAL SPECIFICATIONS Number 22-219-15 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 Grout/ 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: 0,, /C` "' Contractor County Dept. 1 . EXHIBIT A MEAL SPECIFICATIONS Number 22-219-15 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 22-219-15 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 22-219-15 (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 22-219-15 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 ..411 meals 'served w/lowfat milk Appendix A Key * Vitamin C 7 WEEK CYCLE MENU Vitamin A Cold Plates - (April =October) CONGREGATE (-800) T= Dessert of Choice BULK MEALS T 6 L- Thigh 6 Leg MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Chicken w/Mushroom Roast Pork w/Gravy. Roast Beef w/Gravy Macaroni Ham 6_Chees. Swiss Burger (T 6 L) Sauce Ve etable Sou *Mashed Potatoes or Potato Salad up 1 2 Lentil SoCup Vegetables Peas 6 Carrots Cold Mac[lam 6 Cheese Baked Beans *Baked Potato w/Har.*Scalloped Potatoes Wheat Bread Mar- Salad Mayonnaise,rtlustarc or Oven-BrwnPatatoe Dinner.Roll/Marg. garine Beef 6 Barley Soup Catsup 1 Green Beans Applesauce (] oz.) Orange Gelatin *Broc or 3-Bean Salad Lettuce,Tomato, Wheat Roll/Marg. Peaches w/Fruit Cocktail GreenSaIad/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 wLemon Chicken to a epper w/Lemon Wedge Apple Juice Gravy Breast Heart Vegetable Split Pea Soup ftSweet Potato Lentil Soup *Baked Potato w/Mar Soup (1/2 Cup Veg) *Coleslaw Mixed Vegeta les *Swiss Chard or Oven-BrwnPotatoe *Scalloped Potatoes Italian Vegetables WE-eat Rol Mar- Whole Kernel Corn Tossed Salad Corn Bread/Mar- 2 Rice PTI-of 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) e_a_r;_t y_CFTc S tew or. Pot Roast w ravy Spaghetti 6 Meat- Baked Ham Braised 8_e_eT_vW* Chicken,ala Kinq or Pineapple Juice Balls or Chicken 6 Rice Onlons,Tomatoes Chicken Salad ' •Baked Potato w/Marg Lasagna Soup 6 Mushrooms Beef 6 Barley Soup. Capri Vegetables Minestrone Sou Baked Beans Tossed Salad w/ 3 $ummeF On Wheat Bread Mar- . 2 C Veg. *Spinach Ranch Dressing- i*Coleslawaw garine Mix ash Po or arine Green Salad/h all- Corn Bread/Marg. Green Beans or Beets or Pick Beets Fresh Fruit an Dressing Apricot Halves Oven Rsted Potatoes Dinner Roli•or Rice French Bread/Marg. Rice or 100% Whole . w/Margarine Sherbert Wheat Bread/Marg. atmeal Cookies Pinea le Slices (Prunes) Orange or Melon Swiss Steak w/Gra Chicken Almond Bake M6o c1c rab. Casgg, role Hot Turkey Sand- Mac.,Ham 6 Cheese Chicken Vegetable (T 6 L) Heart Vee et ie with or Turk.Salad or Cold Mac/Ham 6 Soup *Broccoli Soup 12 C. Veg) *Sweet Potato or Cheese Salad *Mashed Potatoes Whole Kernel Corn Pineapple Slices or *Coleslaw Beef 6 Barley Soup Italian Mixed Vegs Dinner Roll or Bee ts..or P1ck.leBeets Peas or Peas,:Carrot Carrots or Carrot 4 Corn Bread/Mar- Rice/Margarine Tossed Salad/.Ranch Pasta Salad Raisin Salad garine Brownie Ore§sl.ng:or Wheat Bread/Marg. Green Salad/Ffench Lemon Pudding (Peaches) Lettuce,Tom.6 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 B.B.Q: Beef Herb Chicken Breast Veal Parmesan Corn Chowder *Potato Salad Chicken Vegetable Green Salad w/011 w 1 oz. cheese *Scalloped Potatoes Baked Beans Soup 6 Vinegar Dress Vegetable Sou or Potato Salad Mayonnaise, Mustar *Coleslaw or Steamed Italian Vegetable: 1 2 C. .Veg. *Normandy Ve etable Catsup Cabbage Spaghett w Mari- *Swiss Chard 5 Wheat Bread Mar- Lettuce, Tomato, Capri Vegetables nara Sauce Corn Bread Marg. garine Onion Bun or Rice (1/4 Cup) Peanut Butter Peaches Bun Vaallla Pudding or *Orange or Melon Cookies Apple or Melon Custard (Fresh (Pears) Fruit) Roast Turkey/Gravy Meatloaf w/Gravy B.B.:Q. Chicken Roast Beef w/Gravy Breaded Cod Fish Oracot Juice Garden Vegetable (T 6 L) *Baked Potato/Mar- w/Lemon Wedge *Sweet Potato Soup (1/2 C. Veg.) Beef 6 Barley Soup garine Clam Chowder. Green Beans *Masi ed Potatoes *Scalloped Potatoes Peas *Coleslaw Dinner Roll/Mar- Wheat Roil/Mar- Tossed Salad/Ranch Wheat Bread/Mar- Mixed Ve etables_6 garine garine ' breW ng garine Rice Pilaf - Cranberry Sauce Raspberry Gelatin Corn Bread/Mar- Fresh Fruit Tartar Sauce Oatmeal Cookies w/Pears garine Peach Cobbler (Pineapple Slices) (Pears) Ice Cream (Peaches) (Banana) Beef Stew Cold Plate:tApr-UcacaroniBeef 6 Ham/Lima Beans Hawaiian Pineap le Beef Turk Ham(2 oz) Cheese Chicken T 6 L. Tossed Green Salad 0z"IT oz) .(]/2 cup) Thous Is.l .Dressin Cott Ch(2 oz)6 Pirie 1*Tomato Juice Minestrone Sou Split Pea Soup Navy Bean Soup Italian Vegetables "prl Vegetables Harvard Beets *Potato Salad or g 1 2 Cup.Vegetable Biscuit or Rice/ Oven Rsted Potatoes Whole Kernel Corn *Baked Potato w/Mar *Scalloped Potatoes Margarine CarrRais Sal or Car r. Wheat Roll/Marg. Dinner Roll/Mar-. Corn Bread/Mar- 7 *Tangerine or Melon DII$_BDeaq, Cherry Gelatin w/ garine garine ayo/Mustar or arg Peaches *Citrus Fruit Cup Apricot Halves Chocolate Pudding (peaches) (Fresh Fruit) ;.All *als served w/lowfat milk Hppenaix H Key* = Vitamin C Source Cold Plate - (April - October) 7 Week Cycle Menu = Vitamin A Source Home Delivered Meals (N460) Prepackaged Meals T1- Dessert of Choice T8 L= Thigh a spy MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Chicken w/Mushroon Roast Pork w/Gravy Roast Beef/Gravy Macaroni,Ham&Cheese Swiss Burger Sauce (T&, L) Pineapple Juice *Mashed Potatoes or Cold Macaroni *Potato Salad *Baked Potato or *Scalloped Potatoes Peas b Carrots Ham S Cheese Salad Baked Beans Ov. . Browged Normand Vegetables Wheat Bread/Mar- Green Salad/Thou- Mayonnaise, Mus- GFeef� Beans FoCatoes Dinner.Roll Mar- garine sand Island Dress. tard,Catsup Wheat.Roll/Mar- garine Orange Gelatin *Broccoli or 3-Bean Lettuce,Tomato, garine Applesauce (1 oz.) w/Fruit Cocktail Salad Onion Chocolate Chip Peaches (Fruit Cocktail) Carrots or Carr/Rail Bun Cookies CornBread/Margaiad Hot Diced Apples (Banana) Pears Breaded od Fish RoastTurkey wl Sirloin Tips w mon Chicken Breaet.*Stuf fed Peppers w/Lemon Wedge Ale Juice Gravy Gravy Tossed Salad/Ranch *Orange Juice . *Coleslaw *Sweet Potato *Swisa .Chard Dressing *Scalloped Potatoes Italian Vegetables Mixed Vegetables Whole Kernel Corn *Baked Potato.cn-Oven .Peas or Steamed Rice Pilaf Wheat Roll/Mar- 100% Whole Wheat Browned.Potatoes Cabbage Tartar Sauce garine Bread/Margarine Green .Beans. Cornbread/Mar- *Orange or Melon Cranberry Sauce Tapioca Pudding Dinner Roll/Mar-'. garine Strawberry Gelatin (Fresh Fruit) " 'garine Fruit Cocktail w/Pears Carrot dike (Pears) (Diced Apples) Chicken Stew or Pot Roast w Gravy Spaghetti eat- Baked Ham Braised Beefw Chicken Ala King Pineapple Juice balls, or Apple Juice Onions, Tomato or Chicken Salad *Baked Potato Lasagna Baked Beans 6 Mushrooms *Winter Mix or Mash, Capri Vegetables *Broccoli *Swiss Chard Tossed Salad/Ranch Potato or Cole 100% Whole Wheat CarrotsDress. Cornbread/Mar- Green Beane slaw Bread/Margarine French Bread/Mar- garine Oven Roasted Pots- Beets or PicklBeets Fresh Fruit garine Apricot Halves toes DinnerRoll or Rice/ Prunes Marg. Wheat Bread/Marg, Oatmeal Cookies Orange or Meldn (Pineapple Slices Mock Crab Salad or o ur a an w e Caron Swiss Steak w Chicken Almond Bake or Turks Salad Cheese or am Mock Crab Casserole y * Gravy ( T b L) pineapple Slices or *Orange Juice Cold Macaroni,Ham Mashed Potatoes Apple Juice Pineapple or a Slices ckl Beets Sweet Potato or 6 Cheese Salad Italian Mixed *Broccoli BeetTossed.Salid/Ranch Coleslaw Green Salad/French Vegetables Whole Kernel Corn Peas or Peas, Dress. Dreds Carrots &:PastaSsl Carrots or Carrot Cornbread/Mar- Dinner Roll/Mar- or Lettuce/ �� Salami garine garine Tomato 5 Onion Wheat Bread/Marg. Lemon Pudding Brownie Wheat Roll or Ricej Cranberry Sauce Winter Mix or 3-Beal Margarine Salad (Fresh Fruit) (Peaches) g Cheriy.Gel/tiny French Bread/Mar *Tangerine or Melon (pears) • w Pears *Citrus Fruit Cup- B.B.Q. Pork Cheeseburger B.B.Q. Beef Herb Chicken Breast Veal Parmesan..w Apple Juice *Potato Salad *Coleslaw or *Orange-Pineapple 1 oz.Cheese *Scalloped Potatoes Baked Beans *Steamed Cabbage Juice Tossed Salad w/ Thou*Normand Ve etable Mayonnaise, Mustard Capri Vegetables Italian Vegetables *Swiss Chard Dress *Swiss Chard Apple Sauce (1 oz) Catsup Bun or Rice/Mar- Spaghetti w/Mar- Whole Kernel Corn Wheat Bread/Mar- Lettuce, Tomato, garine inara .Sauce (1.C.) French Bread/Mar- garine Onion Vanilla Pudding or *Orange or *Melon garine Peaches Bun Custard (Fresh Peanut Sutter Hot 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 b 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.Potatoes garine Rice Pilaf garine garine *Wintet!Mix " '.Pipsh. Fruit Tartar Sauce Cranberry Sauce Raspberry Gelatin Cornbread/Mar Peach Cobbler Oatmeal Cookies w/Pears garine (Peaches) (Pineapple Slices) (Pears) Banana Beef Stew Cold Beef,TlateEiamp� oz� Macaroni,CheBeef b am a eans Hawaiian Pineapple *Orange Juice Cott Cheese b PineaS *Orange-Pineapple (Tossed Salad�w/011 Chicken (T b L). Harvard Beets Potato Salad or Juice Apple Capri Juice Rice Oven Roast Potatoes b Vinegar Dressiri Ve etables Italian Ve etables p g *Tangerine or Melon Carrot.RaisSalorCar, Whole Kernel Corn Baked Potato Scalloped Potatoes )�dhole Wht Bread Wheat Roll/Marg. Peas/Carrots ornbread/Her erin t Ma o'Mustard or Marg Cherry Gelatin . Dinner Roll/Mar- Apricot Halves Chocolate Pudding • .. w/Peaches garine (Fresh Fruit) (Peaches) *Citrus Fruit Cup Appendix C Key: * Vitamin C Source All.meals served w/Low£at Milk 7 Week Cycle Menu s Vitamin A Source Cold Plates: (April-October) Restricted Sodium (-40) () Dessert of Choice Home Delivered Meals T S L- Thigh b Leg PrepackaQed Meals ')..S.a Low Sodium MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY Chicken w1L.SMushi L.S. Roast ,Pork Roast Beef w/L.S. L.S. Macaroni.& L.S.'Swiss Burger (T S L)room Savice L.S. Gravy Gravy Cheese or Cold Mac *L.S. Potato Salad *Baked Potato or *Pineapple Juice. *Oven Browned Pots- S Cheese Salad L.S. Baked Beans *Oven Browned *L.S. Scalloped toes Green Salad.w/L:S, L.S. Catsup, Mus- PotatoeV,,: Potatoes Peas S Carrots • Dressing tard, Mayonnaise Green Beans Normandy Vegetables Carrots or Carrot Lettuce,Tomato Wheat HreadjL.S. + Wheat Roll/L.'s. Dinner Roll L.S. Margarine •"7�'lin �- Onion Margarine Margarine Dietetic Orange Gel *Broccoli or Salad Bun Banana Applesauce (1 oz.) ` atin w/Fruit Cock- French Bread/LS. r Hot Diced Apples 2•ia Peaches tail Pears L.S. Cod Fish w/ L.S. Roast Turkey Sirloin Tips w/L.S L.S. Lemon Chicken *L.S. Stuffed Peppe. Lemon Wedge L.S. Gravy Gravy Breast *Orange Juice g Apple Juice *Swiss Chard ' Tossed Salad w/L.S *L.S. Scalloped *L.S. an Vegetables we Dressing Potatoes Italian Ve etables *Sweet Potato Whole Bernal Gore g Rice Pilaf Mixed Vegetables 100% Whole Wheat *Baked Potato or Peas or*Steamed r *Orange or Melon Wheat Roll/L.S• Bread/L.S. Mar- Oven Srwn,�Potatoes Cabbage" Margarine garine Green Bean3• French Bread/L.S. Cranberry Sauce Fresh Fruit Dinner Rall/1.5.°•: Margarine Dietetic Strawberry Margarine Fruit Cocktail Gelatin w/Pears Diced Apples _ L.S C Ro Chicken tewo Pot Roast L. . L.S. Spaghetti b ast Pork/L.S. L.S.Bxaised Beef LS Chicken ala King Gravy Meatballs or Gravy w/Onions,tomatoes or LS'Chicken Sal. Pineapple Juice L.S. Lasagna Apple Juice b Mushrooms. *Winter Mix or Oven *Baked Potato *Broccoli L.S. Baked Beans Tossed Salad/L.S. Browned Potatoes Capri Vegetables Carrots *Swiss Chard Dressing" or L.S Coleslaw 100% Whole Wheat French Bread/L.S. . Wheat Roll L.S. Green Beans Beets or L.S Mari- Bread Margarine Margarine *Oven Rsted'"Eotatoe nated Beets Wheat Bread/L:S; Din Roil or Rice/LSFresh Fruit Prunes Applesauce {l.oz.) Apricot Halves •:•:MaXgatine Marg. *Oran a or Melon Swiss Steak wces c en mon L.S. Mock Crab Salof Turkan or Macaron Bake (T b L) or L.S MockCtabCass. L.S Turkey Salad Cheese or Cold l-S Gravy Tossed Salad/L.S. *Orange Juice Mac & Ch—Salad*Baked Potato AppleJuice Dressing, or *Sweet Potato or Green Salad w/L.S *Broccoli Dressing Italian Mixed Lettuce,Tam. S Onion L.S Coleslaw Whole Kernel Corn Carrots or Carrot Vegetables_ Beets or L.S. Mari Pe a or Pea 100% s n Salad-`- 100% Whole Wheat Dinner Roll/L.S. Beets or Pineap S1. 9 Pasta a a Margarine Wheat Brd/L.S Marg Winter Mix or'L.S= Bread/L.S. Mar- Wheat Roll or Rice/ 3-Bean Salad Peaches Cranberry Sauce garine � L.S. Margarine French Bread/L.S. Fresh Fruit Tangerine or Melon Dietetic Cherry I Marg, Gelatin w/Pears *Citrus Fruit Cu L.S. B.H.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 AL.S. Coleslaw or Breast (lox.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 Vegetable- tard, Mayonnaise Bun or Rice L.S.. Italian 'Ve eP tables *Swiss Chard Applesauce (1 oz.) Lettuce, Tomato S Margarine Spaghetti w L.S Whole Kernel Corn_ Wheat Bread/L.S. Onion Fresh Fruit N C"•)Marinara.Sauce .French Bread/L.S.' Margarine Bun + *Orange or *Melon Margarine Peaches Hot Diced Apples Pears" z L.S. Roast Turkeyeat oa L. L.S. B.B.Q. Chicken Roast Beef L.S. L.S. Cod Fish w w/L.S. Gravy Gravy (T b 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. Sc4lloped Wheat—Bread/L.S. Rice Pilaf Dinner Roll/L.S. *Broccoli Potatoes Margarine Peaches Margarine Wheat Roll/L.S. Winter Mini Fresh Fruit Cranberry Sauce MargarineFrench Bread/L.S. Pineapple Slices Dietetic Raspberry , Margarine . Gelatin w/Pears Banana L.S. Beef Stew o ate: pr-Oct L.S. Macaroni,Beef Roast P rk w Lima L.S Hawaiian Pine- *Oran a Juice Beef or L.S yrkey - S Cheese (,2 oz.gi Beans. apple Chicken(TSL) $ �Z oz.) *Oran e-Pineap.Juice Tose Dressing Mad Apple Juice L.S. Harvard Beets L. Cott Chb Pines Sl g Rice j2 oz.) Italian Vegetables *Baked potato Capri Vegetables L. Potato Salad or Whole Kernel Corn Peas/Carrots L.S. Scalloped *Tangerine or Melon Oven Roast Potatoes, Wheat Roll/L.S. Dinner Roll L.S. Potatoes Car-Rail Sald or Car Margarine Margarine French Bread/L.S. 100% Wh Wh Brd/LSMar, Dietetic Cherry Apple Sauce (1 oz. Margarine L.S. Mayo. b Mustard Gelatin w/Peaches *Citrus. Fruit Cup Apricot Halves Fresh Fruit EXHIBIT E NONDISCRIMINATION CLAUSE (OCP - 2) 1 . During the performance of this contract, the recipient, contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) , the regulations ( promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.) , the provisions of Article 9.5, Chapter 1 , Part 1 , Division 3, Title 2 of the Government Code (Government Code, Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. 3• Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 4. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subdontracts to perform work under - the contract.. t STD. 178 Exhibit E-1 Holiday and Special Event Menus - Regular Diet Bulk Meals July 4th January Hotdog (Bun) w/Cheese Baked Ham/Pineapple Sauce *Orange Juice *Pineapple Juice Baked Beans Black- Eyed Peas *Coleslaw *Mustard Greens Condiments Cornbread/Margarine *Melon Wedge Peach Cobbler (Peaches) August —Beef 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 Corned Beef & *Cabbage Liver & Onions *Oracot Juice *Orange-Grapefruit Juice *Potatoes O'Brien Green Beans Carrots *Scalloped PotatoeshiG—lo a Wheat Roll/Margarine Dinner-Roll/Margarine Sherbet Apple Brown Betty (Apricot Halves) (Diced Apples) A rH October ea Birds/Mushroom Sauce Polish Sausage/Bun *Orange-Pineapple Juice Apple Juice *Mashed Potatoes . *Sauerkraut or *Cooked. Cabbage *Broccoli *Hot Potato Salad Dingy ner Roll/Margarine German Chocolate Cake Apple Brown Betty (Applesauce) (Diced Apples) November May Veal Birds/Saute 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/Toppingner Roll/Margarine (Apricot Halves) Strawberry SHortcake *(Citrus Cup) 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 Prepackaged Meals Holiday and Special Event Menus Jul 4th January H (Bun) 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) August Beef Chop Suey February w/Fresh Onion, Celery, Water So e A mondine w/Lemon Wedge Chestnuts and Bean Sprouts *Orange Juice Apple Juice Green Beans *Broccoli Rice Ti` a Cherry Cake *Melon Wedge (Citrus Cup) September March Liver & Onions Corned Beef & Cabbage *Orange-Grapefruit Juice *Orange Juice Green Beans *Potatoes O'Brien *Scalloped Potatoes . Carrots Dinner-Roll/Margarine Who_ e Wheat Roll/Margarine Apple Brown Betty Chocolate Pudding (Diced Apples) (Apricot Halves) October April Polish Sausage/Bun Veal Birds/Mushroom Sauce Apple Juice *Orange-Pineapple Juice *Cooked Cabbage *Mashed Potatoes *Hot Potato Salad *Broccoli German Chocolate Cake Dinner 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-Ro s Margarine *Mashed Potatoes Pumpkin Pie/Topping Carrots (Apricot Halves) Din—miner Roll/Margarine Strawberry Shortcake December *(Citrus Fruit Cup) Ham Raisin Sauce *Pineapple Juice June *Scalloped Potatoes Picadillo Carrots *Orange-Pineapple Juice. Sour Dough Roll/Margarine Refried Beans Tapioca Pudding Spanish Rice (Diced Pears) Cornbread w/Margarine *Melon Wedge r r Exhibit f-3 - Sodium Restricted Prepackaged Meals Holiday and Special Event Menus July 4th Januar 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 Diced Apples Peach Halves Au ust Februar 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 March *Melon Wedge Braised Beef & Cabbage *Orange Juice September *Baked Potato Liver & Onions Carrots *Orange-Grapefruit Juice W o e 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.9-Sloppy Joe/Bun *Broccoli Apple Juice Din er Roll/Margarine *Cooked Cabbage Diced Apples *L.S. Hot Potato Salad Applesauce Ma Mf.S. Beef Burgundy w/Pearl Onions November and Mushrooms Veal Steak/Sauce Apple Juice Cran-Apple Juice *Baked Potato Peas w/Pearl Onions Carrots *Sweet PotatoesDinner Roll/L.S. Margarine Dinner Ro 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 Vegetable Mixes Capri Vegetable Mix - Carrots, green- beans., Yellow squash, zucchini Vitamin .0 - 1.0% Vitamin A - 135% Italian Vegetable Mix - Carrots, cauliflower, zucchini, 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 - 40% Vitamin A - 100% Polynesian Vegetable Mix - Sliced green beans, broccoli, sweet onions, mushrooms, red pepper, celery Vitamin C - 15% Vitamin A - 15% Succotash - Lima Beans, whole corn Vitamin C - 6 mg. - 10% Vitamin A - 300 i. u,- 33% SPECIAL CONDITIONS Number: 22-219-15 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. Nondiscrimination. Contractor shall comply with the attached Exhibit E, Nondiscrimination Clause (OCP-2) , which is made a part of this Contract by this reference. 4. 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. Initials: Contractor County Dept. 1 SPECIAL CONDITIONS Number: 22-219-15 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. 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 to give 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 voiceprint or a photograph." 5. 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." Initials: Contractor County Dept. 2 SPECIAL CONDITIONS Number: 22-219-15 6. 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 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. 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. " 7. 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 two periods of one year each, provided the Contractor has satisfactorily performed the services set forth herein. Initials: C Contractor County Dept. 3 SPECIAL CONDITIONS Number: 22-219-15 b. In the event that this Contract is renewed for a second one-year term, i.e. , July 1, 1994 through June 30, 1995, the unit meal prices for the second year shall be set at the original unit meal prices set forth in Service Plan Section III.B.2. , 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, 1993. However, any such adjustment shall not exceed a 5% increase over the original unit meals prices set forth above. C. In the event that this Contract is renewed for a third one-year term, i.e. ', July 1, 1995 through June 30, 1996, the unit meal prices for the third 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 subparagraph b. , above. d. Notwithstanding Subsection a. of this section, 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 hearing respecting any failure to continue purchase of all or any such services from Contractor. " 8. 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. 'on. 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 all costs 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 Cosh County Standard Form 1/87 GENERAL CONDMONS (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. DiMutes. 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 V87 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 Rezulations 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 Conti-a Costa County Standard Form 1/87 GENERAL 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-Pasty 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 beneficiaries 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.