CC Resolution 13160 - County of Santa Clara to Provide Senior Nutrition Program for FY 2024-25 RESOLUTION NO.13160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE CONTRACT WITH THE.COUNTY OF SANTA CLARA TO INCREASE
FUNDING IN THE SENIOR NUTRITION PROGRAM IN FISCAL YEAR 2024-2025 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT
WHEREAS, the City of Campbell recognizes the need for a nutritious meal program for senior
citizens in Campbell; and
WHEREAS, the County receives funding through the Older Americans Act of 1965; and
WHEREAS, the City and the County have worked collaboratively since 1975 to share the cost
and administration of operating a Senior Nutrition Program in Campbell; and
• WHEREAS, the Contract is established on July 1, 2024, and begins a new 5-year contract cycle;
and
WHEREAS, the Contract with the County of Santa Clara is required to execute the term for one
year, from July 1, 2024 through June 30, 2025, and clarify the financial obligations of each party
to include a maximum reimbursement to the City of $104,160.00 for program expenses and the
provision of 17,360 meals, at a per meal rate of$6.00 per meal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
hereby approve the Contract with Santa Clara County through June 30, 2025 and to provide
increased funding, the amount of $104,160.00 for the Senior Nutrition Program for Fiscal Year
2024-2025 and authorizes the City Manager to execute the Contract.
PASSED AND ADOPTED this 4th day of June 2024 by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Susan M. Lan ry, Mayor
ATTEST:
zka raw'
Andrea Sands, City Clerk
Additional Information for SNP FY 2024-2025 Budget Justification
Attachment B
Agency Name: City of Campbell
Site Location: Campbell
17,360
Annual Meals
A B C D
Fee for Service Budget Justification*
Personnel Costs Total Program Cost Agency Amount** SCC Contract Amount
Salaries $ 98,570.00 $ 98,570.00 $ -
Volunteer Hours(in-kind) $ - $ - $ -
Payroll Taxes. $ 2,267.00 $ 2,267.00 $ -
Retirement Contribution $ 4,377.00 $ 4,377.00 $ - ,
Health Insurance $ 13,396.00 $ 13,396.00 $ _
Other Fringe Benefits $ 3,454.00 $ 3,454.00 $ -
. Subtotal Personnel Costs $ 122,064.00 $ 122,064.00 $ -
Operating Expenses
Food Costs @ SE/meal . $ 1.04,160.00 $ 11,578.50 $ 92,581.50
Non-Food Costs @$0.491/meal $ 8,521.00 $ 4,260.50 $ 4,260.50
In-Kind Donations $ - ,$ -
Usage $ 7,200.00 $ 7,200.00
Staff Mileage $ 236.00 $ 118.00 $ 118.00.
Pre-packaged Meals $ 375.00 $ 375.00 ' $ - •
' $ _
$ -
$ ..
Subtotal Operating Expenses $ 120,492.00 $ 16,332.001 $ 104,160.00
INDIRECT COSTS (maximum 15%of SCC Contract Amount or federally approved indirect rate)
Administrative Overhead $ -
Grand Total $ 242,556.00 $ 138,396.00 $ 104,160.00
Unit cost(appraximater: $ 13.97 S 7.97 $ 6.00
Food Cost per Meal: $ 6.00 $ 0.67 $ 5.33
:ood Cost as Percent of Unit Cost(Minimum of 25%less$.25 for SCC funding)'": 43% 8% 89%
*Actual expenses must be reconciled to the amount of the County per meal reimbursement quarterly and at year end.
CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CAMPBELL
1. This Contract is between the County of Santa Clara (henceforth, COUNTY) and The
City of Campbell (henceforth, CONTRACTOR) for the Senior Nutrition Program —
Congregate Meals.
2. The parties agree to comply with the General Terms and Conditions contained in
Articles I-V of this Contract and provisions contained in Exhibit A: Program Provisions,
Exhibit B: Program Plan & Provisions, Exhibit C: Budget, and Exhibit D: Logic Model
which are attached hereto and incorporated herein by this reference and made a part
of this Contract.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR herby agree to the terms of this
Contract.
COUNTY OF SANTA CLARA C fRACTO 6 ,
Daniel Little, Director ' Bria LL..venthal, City Manager
Social Services Agency V, o � :mpbell
Date: Date:
Daniel Crick, Chief Fisc- >• ,-r
Social Services Age141)
Date:
411,
Nif
Procurement Department
Date:
APPROVED AS TO FORM AND LEGALITY
Deputy County Counsel
Date:
Contract between the County of Santa Clara and City of Campbell
Page 1 of 19
Contract General Terms and Conditions •
Article
General Terms
1. ENTIRE CONTRACT
This Contract and its Exhibits/Appendices (if any) constitutes the final, complete and
exclusive statement of the terms of the agreement between the parties. It incorporates
and supersedes all the Contracts, covenants and understandings between the parties
concerning the subject matter hereof, and all such Contracts, covenants and
understandings have been merged into this Contract. No prior or contemporaneous
Contract or understanding, verbal or otherwise, of the parties or their agents shall be
valid or enforceable unless embodied in this Contract.
2. AMENDMENTS
This Contract may only be amended by written instr, =nt and signed by authorized
representatives of all contracting parties. 4
3. CONFLICTS OF INTEREST; POLITICAL R RM AC
a. CONTRACTOR shall comply, and re. its ubcontrfflfors to comply, with all
applicable (i) requirements governing At,.id. of impermissible client conflicts;
and (ii) federal, state and local conflict .
�€n-Frest laws and regulations including,
without limitation, California Go - ent C.#, section 1090 et. seq.,the California
Political Reform Act (California op ' ;,ant oe section 87100 et. seq.) and the
regulations of the Fair Political mYs,cti r'-%i. mission concerning disclosure and
disqualification (2 Calif• M ode 'egulations section 18700 et. seq.). Failure
to do so constitutes .0::teriatbreasi4 if this Contract and is grounds for immediate
termination of this trac. Cal NTY.k
o
b. In accepting CONTRACTOR covenants that it presently has no
interest, aid.. ill no _,qu - ny interest, direct or indirect, financial or otherwise,
which w• '. conflictl, any manner or degree with the performance of this
Contract. ► TRAC !?I R further covenants that, in the performance of this
Contract, it wi 1` 41t - ' .loy any CONTRACTOR or person having such an interest.
CONTRACTOR," "F uding but not limited to CONTRACTOR's employees and
subcontractors, may be subject to the disclosure and disqualification provisions of
the California Political Reform Act of 1974 (the "Act"), that (1) requires such
persons to disclose economic interests that may foreseeably be materially affected
by the work performed under this Contract, and (2) prohibits such persons from
making or participating in making decisions that will foreseeably financially affect
such interests.
c. If the disclosure provisions of the Political Reform Act are applicable to any
individual providing service under this Contract, CONTRACTOR shall, upon
execution of this Contract, provide the COUNTY with the names, description of
individual duties to be performed, and email addresses of all individuals, including
but not limited to CONTRACTOR's employees, agents and subcontractors, that •
could be substantively involved in "making a governmental decision" or"serving in
a staff capacity and in that capacity participating in making governmental decisions
or performing duties that would be performed by an individual in a designated
Contract between the County of Santa Clara and City of Campbell
Page 2 of 19
position," (2 CCR 18700.3), as part of CONTRACTOR's service to the COUNTY
under this Contract. CONTRACTOR shall immediately notify the COUNTY of the
names and email addresses of any additional individuals later assigned to provide
such service to the COUNTY under this Contract in such a capacity.
CONTRACTOR shall immediately notify the COUNTY of the names of individuals
working in such a capacity who, during the course of the Contract, end their service
to the COUNTY.
4. GOVERNING LAW, VENUE
This Contract has been executed and delivered in, and shall be construed and
enforced in accordance with, the laws of the State of California. Proper venue for legal
action regarding this Contract shall be in the County of Santa Clara.
5. ASSIGNMENT
No assignment of this Contract or of the rights and oblig- 'ons hereunder shall be valid
without the prior written consent of the other party. Ar
6. WAIVER
No delay or failure to require performance $ any pro of this Contract shall
constitute a waiver of that provision as we at o any of `Ti, instance. Any waiver
granted by a party shall be in writing and . I a• `. to the specific instance expressly
stated.
7. INDEPENDENT CONTRACTOR - .
CONTRACTOR will perform all workd described herein as an independent
contractor and not as an o- age t`servant, or employee.of COUNTY. None of
the provisions of this C• r ct iTintenirt,1 to create, nor will be deemed or construed
to create, any relation° . be =- - rties other than that of independent parties
contracting with each ollitSC. pu • e of effecting the provisions of this Contract.
The parties are 4 w'llp,et be construed to be in a relationship of joint venture,
partnership, . -mplo -m. ee. Neither party has the authority to make any
statements, :10 esentatio ° , or commitments of any kind on behalf of the other party,
or to use the n - of th,4 ether party in any publications or advertisements, except
with the written ,_ .s .of the other party or as is explicitly provided herein.
CONTRACTOR is s " responsible for the acts and omissions of its officers, agents,
employees, contractors,'and subcontractors, if any.
8. SEVERABILITY OF PROVISIONS
If any provision(s) of this Contract are held invalid, the remainder of this Contract
remains in force.
Article ll
Fiscal Accountability and Requirements
1. AVAILABILITY AND SUBSTITUTION OF FUNDS
a. Notwithstanding any provision herein, this Contract is valid and enforceable only if
sufficient funds are available. ' In the event .of reduction, suspension,
discontinuance, or other unavailability of funds, COUNTY unilaterally may take
appropriate actions including, but not. limited .to, reducing existing service
Contract between the County of Santa Clara and City of Campbell
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authorization, immediate termination of the Contract, or reducing the maximum
dollar amount of this Contract with no liability occurring to the COUNTY.
b. The COUNTY may substitute State or Federal funds for funds appropriated by the
Board of Supervisors for payments to be made pursuant to this Contract.
CONTRACTOR will then be bound by the requirements of any State or Federal
grant contracts, statutes, regulations, guidelines, or directives associated with the
funds.
2. COMPENSATION TO CONTRACTOR
Compensation method shall be Fee for Service.
.3. DISALLOWED COSTS
a. CONTRACTOR is liable for any funds expended that are not in accordance with
this Contract, including, but not limited to, disallowed •sts, violation, and/or default
of Contract. CONTRACTOR will repay COUNTY •..(,%r lowed costs,violation and/or
default amounts within ninety (90)days of disc.f ,of these costs. This provision
survives the termination of this Contract.
b. If funding under this Contract is from Fetal so rces, su unds may not be used
b by CONTRACTOR, either directly or i ectl jro s a contribution for the purpose of
obtaining any Federal funds under any .I programs. An indirect use of such
funds to match Federal funds i, ,o-Rined a e allocation by CONTRACTOR of
funds received under this C.4. a t -matching expenditure, thereby
releasing or displacing other o . j '' the purpose of matching Federal
funds."
4. FINANCIAL RECOR� .
a. CONTRACTOR will _ s maintain a system of financial controls and
accounting $ .r 41,,ce with Generally Accepted Accounting Principles
(GAAP).
b. CONTRAC' a' must intain accurate and complete financial records of all costs
and operating 4 .e s in connection with this Contract including, but not limited
to subcontracts,"' ices, timecards, cash receipts, vouchers, canceled checks,
bank Statements, and other official documentation indicating in proper detail the
nature and propriety of all costs incurred, and reimbursed by COUNTY.
c. The financial records must show that funds received under this Contract are used
for purposes consistent with the terms of this Contract.
Article III
Reporting, Records, Audit, Evaluations, and Termination
1. INSPECTION AND AUDIT
a. All records, books, reports, and documentation maintained by CONTRACTOR
pursuant to this Contract, or related to the CONTRACTOR's activities and
expenditures under this Contract, will be open for inspection and audit by Federal,
State, and County officials, or their agents, upon demand at reasonable times.
Contract between the County of Santa Clara and City of Campbell
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Such records must be kept in the State of,California for the retention period
specified in this Contract. This provision survives the termination of this contract.
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b. CONTRACTOR will provide the Federal, State, or County officials, or their agents'
reasonable access, through representatives of CONTRACTOR, to facilities,
records, clients, and employees that are used in conjunction with the provision of
contract services, except where prohibited by Federal or State laws, regulations or
rules.
c. CONTRACTOR must submit to COUNTY audited financial reports conducted by
• an independent certified public accountant no later than four (4) months after the
end of the last month of the contract term, indicating that reported costs are actual,
reasonable, necessary, allowable, and computed in accordance with GAAP and
provisions stipulated in this Contract. In addition, the CONTRACTOR must submit
any management letters or management advisq letters that apply to the
• CONTRACTOR's agency audit. COUNTY has Ardiscretion to only require an
audit report every two (2) years.
d. COUNTY may elect to accept an audit re oprin accor•X e with GAAP conducted
to meet compliance requirements of o - fun Ling entitt in the event all of the
above provisions are met.
2. REPORTING REQUIREMENTS
a. CONTRACTOR must maintain 3 : an. accurate records of its operation,
including any and all records req NTY relating to matters covered by
this Contract, including .Wkii.rxet lim to, financial records, supporting documents,
client statistical recor - , per. nnel d all other pertinent records. COUNTY may
receive copies of and r-: .rds upon request.
b. must submit . . N° compensation claim on forms approved by COUNTY
Social SeA -s Ag=
C. CONTRAC` mu-7 assist COUNTY in . meeting COUNTY's reporting
requirements ' ate and other agencies with respect to CONTRACTOR's
work hereunde . is cooperation includes assisting COUNTY to prepare
evaluations required by the State or Federal governments regarding services
provided by CONTRACTOR under this Contract. CONTRACTOR must submit to
COUNTY any and all reports that may be required by COUNTY concerning
CONTRACTOR's performance under this Contract.
d. Upon COUNTY's request, CONTRACTOR must provide COUNTY evidence of
CONTRACTOR's capacity to perform under this Contract, its compliance with
applicable statutes and regulations, and its compliance with the terms and
conditions of this Contract.
e. All records, books, reports and documentation must be retained in the State of
California by CONTRACTOR for four (4) years after termination of this Contract;
or until all Federal, State and County audits are completed; or until all disputes,
litigation, or claims are resolved; whichever is later. All such records, books,
reports and documentation must be transmitted to the COUNTY of Santa Clara,
Contract between the County of Santa Clara and City of Campbell
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Social Services Agency in the event that CONTRACTOR goes out of business
during the period in which records are required to be maintained. This provision
survives the termination of this contract.
f. CONTRACTOR must within 30 calendar days advise the COUNTY of 1) the
issuance of any legal complaint by an enforcement agency, or any enforcement
proceedings by any Federal, State or local agency for alleged violations of Federal,
State or local rules, regulations or laws, and/or 2) the issuance of citations, court
findings or administrative findings for violations of applicable Federal, State or local
rules, regulations or laws.
g. CONTRACTOR guarantees that it, its employees, contractors, subcontractors or
agents are not suspended or debarred from receiving Federal fund as listed in the
List of Parties Excluded from Federal Procurement or Non-procurement Programs
issued by the Federal General Services Administr4 ion (https://www.sam.gov/).
CONTRACTOR must within 30 calendar daysOvise the COUNTY if it,° its
employees, contractors, subcontractors or age 4Ascome suspended or debarred
from receiving Federal funds°as listed in the Ltr of .ies Excluded from Federal
Procurement or Non-procurement Pro• `s issuer the Federal General
Services Administration during the ter , -this ,_ontract.
.47
3. RESPONSIBILITY FOR AUDIT EXCEPT!•"
CONTRACTOR accepts response. for rec�N g..g, replying to, and complying with
any audit exceptions by appropriat =j` ,,,Stat• -•r County, audit agencies.
4. MONITORING AND EVA °\ra,•N
a. COUNTY's Social S: ces !enc ill monitor the work performed and financial
operations conduc and . ,oract to determine whether CONTRACTOR's
operation conforms i
y p , Federal and State statutes and regulations,
and to the to • ° is tract.
b. COUNT Ili;y condu• .anticipant interviews to determine program compliance.
4
c. CONTRACT• -g -tl to participate in and cooperate with studies and surveys
COUNTY deem -cessary to meet its monitoring and evaluation responsibility.
d. CONTRACTOR must furnish all data, Statements, records, information, and
reports necessary for COUNTY to monitor, review, and evaluate the performance
of the program and its components. Performance evaluations will examine the
following five factors: 1)fiscal accountability; 2) completion of work within a given
time frame; 3) ability and effort to meet the performance criteria; 4) quality of
services; and 5)a recommendation for future contracting with the CONTRACTOR.
e. If, in the course of monitoring and evaluation, COUNTY discovers any practice,
procedure or policy of CONTRACTOR that .deviates from the terms of this
Contract; that violates State or Federal statutes or regulations; that threatens the
success of the program carried on pursuant to this Contract, or that jeopardizes
the fiscal integrity of said program, COUNTY may impose reasonable funding
restrictions upon notice specifying the nature of the restrictions(s), reasons for
imposition, the corrective action that must be taken before they will be removed,
Contract between the County of Santa Clara and City of Campbell
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time allowed for completing the corrective action, and method of requesting
reconsideration.
f. CONTRACTOR must respond in writing to any discrepancies,' violations, or
deficiencies identified by COUNTY within ten (10) days.
5. CORRECTIVE ACTION PROCEDURE
a. Upon receipt by COUNTY of information regarding a failure by CONTRACTOR to
comply with any provision of this Contract, COUNTY has the right to forward to
CONTRACTOR a notice of COUNTY's intent to consider corrective action to
enforce compliance with such provision. Such notice will indicate the nature of the
issue, or issues, to be reviewed in determining the need for corrective action.
CONTRACTOR may have the opportunity to respond or participate in formulating
the corrective action recommendation. COUNTY has the right to require the
presence of CONTRACTOR's officer(s) or employe! s) at any hearing or meeting
called for the purpose of considering corrective a .
b. After issuing such notice, and after consideri 61r 0 'ACTOR's response, if any,
• COUNTY may forward to CONTRACTS a set o %-cific corrective actions
recommended and a timetable for im• ry enti • the spliVfied corrective actions
recommended. Following impl-0.nta ''. of the corrective actions,
CONTRACTOR will forward to COUN in the time specified by COUNTY,
any verification required by CO yqw Y rega • : the corrective actions.
c. In the event CONTRACTOR toe,LIV"`" 'mplement the corrective actions
recommended in accor!,014t with`41,corrective actions timetable, COUNTY may
suspend payments eeun,z r or mediately terminate. this Contract without
further notice to Cc,* RA 1
6. TERMINATION •
•
a. Terminati•, •r Co , ie
COUNT Ncay, by w °`-n notice to CONTRACTOR, terminate all or part of this
2.A1• Contract at°z time f•. ° he convenience of the COUNTY. The notice shall specify
the effective 4114 a e scope of the termination.
•
b. Termination for Cause
COUNTY may, at any time, elect to suspend or terminate this Contract or withhold
payments to CONTRACTOR, in whole or in part, for cause, by giving written notice
specifying the effective date and scope of such termination. Cause includes, but
is not limited to the following:
i. CONTRACTOR failure to comply with any contract provision;
. ii. CONTRACTOR fails to meet the performance criteria of this Contract;
iii. COUNTY deems CONTRACTOR's performance unsatisfactory.
iv. Litigation is pending with respect to the CONTRACTOR's performance under
this Contract that may jeopardize or adversely affect services;
v. CONTRACTOR is the subject of a voluntary or involuntary proceeding under
the Bankruptcy Act;
vi. CONTRACTOR submits to COUNTY any reports that are incorrect or
incomplete in any material respect, or fails to file timely reports; or,
Contract between the County of Santa Clara and City of Campbell
Page 7 of 19
vii. CONTRACTOR is suspended or debarred from receiving Federal funds as
listed in the List of Parties Excluded from Federal Procurement or Non-
procurement Programs issued by the General Services Administration.
c. Terminations
In the event of any termination, all finished or unfinished documents, data, studies,
reports, and materials (Materials) prepared by the CONTRACTOR under this
Contract becomes the property of the COUNTY and will be promptly delivered to
the COUNTY. Upon termination, the CONTRACTOR may make and retain a copy
of such Materials. CONTRACTOR may be compensated based on the completion
of services provided, as solely and reasonably determined by COUNTY.
7. NON-EXCLUSIVE REMEDIES
The remedies listed in this Contract are non-exclusive, and COUNTY retains all other
rights and remedies it may have under general law, incl ,ding the right to terminate the
Contract immediately without advance notice if CO A CTOR becomes unable to
perform its obligations under this Contract
Article I Jpp' p
Statutes, Regulatio n• Iicies
1. COMPLIANCE WITH ALL LAW ,,. CLU' NONDISCRMINATION, EQUAL
OPPORTUNITY, AND WAGE TH : a ""1: - EN o
a. Compliance with All Laws. Cq, T ' shall comply with all applicable
Federal, State, and loc- ..'r reg ins, rules,and policies (collectively, "Laws"),
• including but not limi o th l on-. rimination, equal opportunity, and wage and
hour Laws referen(_, in t •ra s below.
b. Compliance ' oDi- scrimination and Equal Opportunity Laws:
CONTRA . dR 1k I '4V,. ply with all applicable Laws concerning
nondiscr 4 ration an. •ua opportunity in employment and contracting, including
but not lima -. to the ,, flowing: Santa Clara County's policies for contractors on
nondiscrimina a -qual opportunity; Title VII of the Civil Rights Act of 1964 as
amended; Ame s with Disabilities Act of 1990; the Age Discrimination in
Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504);
the Equal Pay Act of 1963; California Fair Employment and Housing Act
(Government Code sections 12900 et seq.); California Labor Code sections 1101,
1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In
addition to the foregoing, CONTRACTOR shall not discriminate against any
subcontractor, employee, or applicant for employment because of age, race, color,
national origin, ancestry, religion, sex, gender identity, gender expression, sexual
orientation, mental disability, physical disability, medical condition, political belief,
organizational affiliation, or marital status in the recruitment, selection for training
(including but not limited to apprenticeship), hiring, employment, assignment,
promotion, layoff, rates of pay or other forms of compensation. Nor shall
CONTRACTOR discriminate in the provision of services provided under this
contract because of age, race, color, national origin, ancestry, religion, sex, gender
identity, gender expression, sexual orientation, mental disability, physical disability,
medical condition, political beliefs, organizational affiliations, or marital status.
Contract between the County of Santa Clara and City of Campbell
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c. Compliance with Wage and Hour Laws: CONTRACTOR shall comply with all
applicable wage and hour Laws, which may include but are not limited to, the
Federal Fair Labor Standards Act, the California Labor Code, and, if applicable,
any local Minimum Wage, Prevailing Wage, or Living Wage laws.
d. Definitions: For purposes of this Section, the following definitions shall apply. A
"Final Judgment" shall mean a judgment, decision, determination, or order (a)
which is issued by a court of law, an investigatory government agency authorized
by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for
which all appeals have been exhausted or the time period to appeal has expired.
For pay equity Laws, relevant investigatory government agencies include the "
federal Equal Employment Opportunity Commission, the California. Division of
Labor Standards Enforcement, and the California Department of Fair Employment
and Housing. Violation of a pay equity Law shall mean unlawful discrimination in
compensation on the basis of an individual's sex, gilder, gender identity, gender
expression, sexual orientation, race, color, ethni or national origin under Title
VII of the Civil Rights Act of 1964 as amen-oV the Equal Pay Act of 1963,
California Fair Employment and Housing A • or ii. ornia Labor Code section
1197.5, as applicable. For wage a , hour La- relevant investigatory
.government agencies include the fee. De partment ffi„ Labor, the California
Division of Labor Standards Enforce'I'll t, the City of San Jose's Office of
Equality Assurance.
e. Prior Judgments, Decisions or . pai CONTRACTOR : BY SIGNING
THIS CONTRACT, .CONTRAC i:o• THAT IT HAS DISCLOSED ANY
FINAL JUDGMENTS T A) ISSUED IN THE FIVE YEARS PRIOR TO
• EXECUTING THI 0 ITiRACT4 BY A COURT, AN INVESTIGATORY •
GOVERNMENT AIK NCe ' :I ', OR ARBITRATION PANEL AND (B)
FOUND THAT CON ,. '• ' ATED AN APPLICABLE WAGE AND HOUR
a
LAW OR PA . CONTRACTOR FURTHER AFFIRMS THAT IT HAS
SATISFIE► •ND V9A, P WITH—OR HAS REACHED CONTRACT WITH
THE CO c0. Y REGAL ,IN THE MANNER IN WHICH IT WILL SATISFY—ANY
SUCH FIN'k UDG TS, DECISIONS, DETERMINATIONS, OR ORDERS.
f. Violations of Wa•' : :nd Hour Laws or Pay Equity Laws During Term of Contract: If
at any time during the term of this Contract, CONTRACTOR receives a Final
Judgment rendered against it for violation of an applicable wage and hour Law or
pay equity Law, then CONTRACTOR shall promptly satisfy and comply with any
such Final Judgment. CONTRACTOR shall inform the Office of the County
Executive-Office of Countywide Contracting Management (OCCM)of any relevant
Final Judgment against it within 30 days of the Final Judgment becoming final or
of learning of the Final Judgment, whichever is later. CONTRACTOR shall also
provide any documentary evidence of compliance with the Final Judgment within
5 days of satisfying the Final Judgment. Any notice required by this paragraph
shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding
Street, East Wing, 11th Floor, San Jose, CA 95110. Notice provisions in this
paragraph are separate from any other notice provisions in this Contract and,
accordingly, only notice provided to the Office of the County Executive-OCCM
satisfies the notice requirements in this paragraph.
Contract between the County of Santa Clara and City of Campbell
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g. Access to Records Concerning Compliance with Pay Equity Laws: In addition to
and notwithstanding any other provision of this Contract concerning access to
CONTRACTOR's records, CONTRACTOR shall permit the COUNTY and/or its
authorized representatives to audit and review records related to compliance with
applicable pay equity Laws. Upon the COUNTY's request, CONTRACTOR shall
provide the COUNTY with access to any and all facilities.and records, including
but not limited to financial and employee records, that are related to the purpose
of this Section, except where prohibited by federal or state laws, regulations or
rules. COUNTY's access to such records and facilities shall be permitted at any
time during CONTRACTOR's normal business hours .upon no less than 10
business days' advance notice.
h. Pay Equity Notification: CONTRACTOR shall (1) at least once in the first year of
this Contract and annually thereafter, provide each of its employees working in
California and each person applying to CONTRA JOR for a job in California
(collectively, "Employees and Job Applicants") wi . n electronic or paper copy of
any applicable pay equity Laws, or (2) throes t the term of this Contract,
continuously post an electronic copy of ' ap• *.ble pay equity Laws in
conspicuous places accessible to all of 14 NTRAC ''s Employees and Job
Applicants. p
i. Material Breach: Failure to comply with "Vsf.art of this Section shall constitute a
material breach of this Contras,„", the e z4Fks of such a breach, the County may,
in its discretion, exercise any o •ies ' :ilable under this Contract and at
-
law. COUNTY may, among other + ., any or all of the following actions:
I. Suspend • rmi` to a •r all parts of this Contract.
II. Withholc iaym-. O° ' RACTOR until full satisfaction of a Final
Judgmen 4, °nm." 'ation of an applicable wage and hour Law or
p, L;'1
III &ger Cc,,II,. A L` •R an opportunity to cure the breach.
j. Subcontrac a CO FACTOR shall impose all of the requirements set forth in
this Section o 'contractors permitted to perform work under this Contract.
This includes e*Ping that any subcontractor receiving a Final Judgment for
violation of an applicable Law promptly satisfies and complies with such Final
Judgment.
k. CONTRACTOR recognizes the mandatory standards and policies relating to
energy efficiency in the State energy conservation plan (Title 24, California
Administrative Code).
I. For Contracts over $100,000 CONTRACTOR will comply with all applicable
standards, orders, or requirements issued under Section 306 of the Clean Air Act
(42 U.S. Code 1857 (h)), Section 508 of the Clean Water Act(33 U.S. Code 1368),
Executive Order 11738, and Environmental Protection Agency regulations (40
CFR Part 15).
Contract between the County of Santa Clara and City of Campbell
Page 10 of 19
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m. CONTRACTOR must establish procedures assuring that any person's complaints
and grievances against CONTRACTOR regarding the delivery of services under
this Contract are promptly addressed and fairly resolved.
2. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
CONTRACTOR hereby assigns to the COUNTY all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.
15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the CONTRACTOR for sale to the COUNTY pursuant
to this Contract.
3. COUNTY NO-SMOKING POLICY
CONTRACTOR and its employees, agents and subcontractors, shall comply with the
COUNTY's No-Smoking Policy, as set forth in the Boar. f Supervisors Policy Manual
section 3.47 (as amended from time to time), which pr, ° •its smoking: (1)at the Santa
Clara Valley Medical Center Campus and all CO A -owned and operated health
facilities, (2) within 30 feet surrounding CO -• - ed buildings and leased
buildings where the COUNTY is the sole occ -•-nt, and ( all COUNTY vehicles.
4. FOOD AND BEVERAGE STANDARDS m
a. Except in the event of an emergency or ,, r al necessity, the following nutritional
standards shall apply to 4.01 ,foods 4, d/or beverages purchased by
CONTRACTOR with COUNTY O '‘,1 -sponsored meetings or events.
b. If food is to be providetv:.atx,IthieliNd options must be offered. "Healthier food
options" include (1) „Ors, .!etab} ., whole grains, and low-fat and low-calorie
foods; (2) minimal 4,jroce. •..``without added sugar and with low sodium;
(3) foods prepared u a -a r „ •king techniques; and (4) foods with less than
0.5 grams of,kotifir044.t •- erving. Whenever possible, CONTRACTOR shall (1)
offer seass .I an.‘al . •uce; (2) serve fruit instead of sugary, high calorie
desserts,76, attempt accommodate special, dietary and cultural needs; and (4)
post nutriti. , informfi on and/or a list of ingredients for items served. If meals
are to be prov ,-•, m -getarian option shall be provided, and the CONTRACTOR
should consider viding a vegan option. If pre-packaged snack foods are
provided, the items shall contain: (1) no more than 35% of calories from fat, unless
the snack food items consist solely of nuts or seeds; (2) no more than 10% of
calories from saturated fat; (3)zero trans-fat; (4) no more than 35% of total weight
from sugar and caloric sweeteners, except for fruits and vegetables with no added
sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
c. If beverages are to be provided, beverages that meet the COUNTY's nutritional
criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea,
provided that sugar and sugar substitutes may be provided as condiments; (3)
unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4)
plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than
130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a
maximum of 8 ounces per container); and (6) other low-calorie beverages
(including tea and/or diet soda) that do not exceed 40 calories per 8 ounce
serving. Sugar-sweetened beverages shall not be provided.
Contract between the County of Santa Clara and City of Campbell
Page 11 of 19
5. CONTRACTING PRINCIPLES
CONTRACTOR agrees to comply with the COUNTY's Contracting Principles set forth
in the Board Policy Manual. The Contracting Principles require, among other things,
that CONTRACTOR be a fiscally responsible entity and treat its employees fairly.
CONTRACTOR is also required to (1) comply with all applicable federal, state and
local rules, regulations and laws; (2) maintain financial' records, and make those
records available upon request; (3) provide to the COUNTY copies of any financial
audits that have been completed during the term of the contract; and (4) upon the
COUNTY's request, provide the COUNTY reasonable access, through
representatives of the CONTRACTOR, to facilities, financial and employee records
that are related to the purpose of the contract, except where prohibited by federal or
state laws, regulations or rules. Refer to:
https://boardclerk.sccgov.orq/sites/q/files/exicpb656/files/BOSPolicyCHAP5.pdf
6. THIRD PARTY BENEFICIARIES
This Contract does not, and is not intended to, confer .or rights or remedies upon any
person or entity other than the parties. a r ,
.1..4pg_
7. MAINTENANCE OF SOFTWARE
If CONTRACTOR is provided with "remot-° cess" define.° : the act of connecting
to a COUNTY attached information tech =,..gy -tem from a non-county attached
system through a public network, CONTRAc will maintain and use its non-county
system, hardware, and software in ,..lianc ,.,h COUNTY standards and policies
set by the COUNTY Information Se-t t.
8. CONTRACT EXECUTION
Unless otherwise prohiprd by law . o County policy, the parties agree that an
electronic copy of a si. d co ate-lectronically signed contract, has the same
force and legal effect as` , rac - mcuted with an original ink signature. The term
"ELECTRONIC 0 —t SIGNED CONTRACT" refers to a transmission by
facsimile, ele •nic m: por . -r electronic means of a copy of an original signed
contract in 4fiprtable dument format. The term "ELECTRONICALLY SIGNED
CONTRACT" it ns a c•' ract that is executed by applying an electronic signature
using technology i> •ro, ?`: by the COUNTY. .
9. LIVING WAGE (If Applicable)
Unless otherwise exempted or prohibited by law or County policy, where applicable,
CONTRACTORS that contract with the COUNTY to provide Direct Services developed
pursuant to a formal Request for Proposals process, as defined in County of Santa
Clara Ordinance Code Division B36 ("Division B36") and Board Policy section 5.5.5.5
("Living Wage Policy"), and their subcontractors,where the contract value is $100,000
or more ("Direct Services Contract"), must comply with Division B36 and the Living
Wage Policy and compensate their employees in accordance with Division B36 and
the Living Wage Policy. Compliance and compensation for purposes of this provision
includes, but is not limited to, components relating to fair compensation, earned sick
leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted
hiring, local hiring, protection from retaliation, and labor peace. If CONTRACTOR
and/or a subcontractor violate this provision, the Board of Supervisors or its designee
may, at its sole discretion, take responsive actions including, but not limited to, the
following:
Contract between the County of Santa Clara and City of Campbell
Page12of19
a. Suspend, modify, or terminate the Direct Services Contract.
b. Require the CONTRACTOR and/or Subcontractor to comply with an appropriate
remediation plan developed by the COUNTY.
c. Waive all or part of Division B36 or the Living Wage Policy.
This provision shall not be construed to limit an employee's rights to bring any legal
action for violation of the employee's rights under Division B36 or any other applicable
law. Further, this provision does not confer any rights upon any person or entity other
than the_ Board of Supervisors or its designee to bring any action seeking the
cancellation or suspension of a COUNTY contract. By entering into this contract,
CONTRACTOR certifies that it is currently complying with Division B36 and the Living
Wage Policy with respect to applicable contracts, and warrants that it will continue to
comply with Division B36 and the Living Wage Poli with respect to applicable
contracts.
10. COUNTY DATA & CONFIDENTIALITY
a. Definitions: "COUNTY Data" shall me data an• " formation received by
CONTRACTOR from COUNTY. Coun to in,ludes an p, formation or data that
is transported across a County ne x k, hat resides in a County-owned
information system, or on a network ors w F under the control and management
of a CONTRACTOR for use by NTY. 'Cunty Confidential Information" shall
include all material, non-public • (i '-4,1ding material, non-public County
Data) appearing in any form it
c - , ithout limitation, written, oral or
displayed), that is dizjAk14d, • "ly or indirectly, through any means of
communication by J N its -nts or employees, to CONTRACTOR, its
agents or employe- or a► a ates or representatives.
b. CONTRACTf-AtlatiL n quire any ownership interest in County Data (including
County C• 'dentia + or i aaon). As between CONTRACTOR and COUNTY, all
County ` idential I
.."�rmation and/or County Data shall remain the property of
the COUN CONT" 'P CTOR shall not, without COUNTY's written permission,
use or disclos- .+ Data (including County Confidential Information)other than
in the performan•. f its obligations under this Contract.
c. CONTRACTOR shall be responsible for establishing and maintaining an
information security program that is designed to ensure the security and
confidentiality of County Data, protect against any anticipated threats or hazards
• to the security or integrity of County Data, and protect against unauthorized access
to or use of County Data that could result in substantial harm or inconvenience to
COUNTY or any end users. Upon termination or expiration of this Contract,
CONTRACTOR shall seek and follow COUNTY's direction regarding the proper
• disposition of County Data.
d. CONTRACTOR shall take appropriate action to address any incident of
unauthorized access to County Data, including addressing and/or remedying the
issue that resulted in such unauthorized access, and notifying COUNTY by phone
or in writing within 24 hours of any incident of unauthorized access to County Data,
Contract between the County of Santa Clara and City of Campbell
Page13of19
or any other breach in CONTRACTOR's security that materially affects COUNTY
or end users. If the initial notification is by phone, CONTRACTOR shall provide a
written notice within 5 days of the incident. CONTRACTOR shall be responsible
for ensuring compliance by its officers, employees, agents, and subcontractors
with the confidentiality, privacy, and information security requirements of this
Contract. Should County Confidential Information and/or legally protected County
Data be divulged to unauthorized third parties, CONTRACTOR shall comply with
all applicable federal and state laws and regulations, including but not limited to
California Civil Code sections 1798.29 and 1798.82 at CONTRACTOR's sole
expense. CONTRACTOR shall not charge COUNTY for any expenses associated
with CONTRACTOR's compliance with these obligations.
e. CONTRACTOR shall defend, indemnify and hold COUNTY harmless against any
claim, liability, loss, injury or damage arising out of, or in connection with, the
unauthorized use, access, and/or disclosure of infrmation by CONTRACTOR
and/or its agents, employees or sub-contractor., xcepting only loss, injury or
damage caused by the sole negligence or.,ftit., I misconduct of personnel
employed by the COUNTY.
f. CONTRACTOR must require its empl•, es a • all per s performing services
at its direction to comply with all appli - p;, cy laws and regulations, including
but not limited to the provisions of Secti• 7 and 10850 et seq. of the Welfare
and Institutions Code (WIC) an' < 'fornia D artment of Social Services (CDSS)
Manual of Policies and Procedu "= 'egulations.
I. All applicati M nd ,M •rds concerning any individual receiving
services . . thi -t4intract are confidential and are not open to
examin.0 & . � . . pose not directly connected with the
administr.,' • m.e or---sr ce compliance, monitoring or auditing of the
•
pr1.-fir
II . person V.y publish, disclose, use, or permit or cause to be
'shed • •isclosed; any confidential information pertaining to
se to,w Vcept as is provided by law.
g. Upon the disclosure of confidential information, inadvertent or otherwise, the
COUNTY may terminate this contract immediately and take legal action against
CONTRACTOR. Any person who knowingly and intentionally violates the
provisions stated above is guilty of a misdemeanor and the COUNTY intends to
prosecute such violators to the full extent of the law.
h. CONTRACTOR will inform all employees, agents, officers, and all persons
performing services at its direction of the above provisions.All provisions of Article
IV, Section 10. survive the termination of this contract.
11. CALIFORNIA PUBLIC RECORDS ACT
a. The COUNTY is a public agency subject to the-disclosure requirements of the
California Public Records Act ("CPRA"). If CONTRACTOR's proprietary
information is contained in documents or information submitted to COUNTY, and
Contract between the County of Santa Clara and City of Campbell
Page 14 of 19
CONTRACTOR claims that such information falls within one or more CPRA
exemptions, CONTRACTOR . must clearly mark such information
"CONFIDENTIAL AND PROPRIETARY,"and identify the specific lines containing
suc
h information, the COUNTY will
make best efforts to provide notice to CONTRACTOR prior to such disclosure. If
CONTRACTOR contends that any documents are exempt from the CPRA and
wishes to prevent disclosure, it is required to obtain a protective order, injunctive
relief or other appropriate remedy from a court of law in Santa Clara COUNTY
before the COUNTY is required to respond to the CPRA request. If
CONTRACTOR fails to obtain such remedy within the time the COUNTY is
required to respond to the CPRA request, COUNTY may disclose the requested
information.
b. CONTRACTOR further agrees that it shall defend, indemnify and hold COUNTY
harmless against any claim, action or litigation (i uding but' not limited_ to all
judgments, costs, fees, and attorney's fees) t '" may result from denial by
COUNTY of a CPRA request for information . • from any representation, or
any action (or inaction), by the CONTRACT®
12. COVID-19 REQUIREMENTS
CONTRACTOR shall comply with all e NT M equirements in effect relating to
COVID-19 for persons who routinely perfor - ices for COUNTY onsite and share
airspace with or proximity to other •.�:.0. a at a v NTY facility as part of their services
for COUNTY as set forth in a Cou ' _ Or•: ;> or similar directives) available at
https://covid1.9.sccgov.org/home, � . . y.ted herein by this reference.
CONTRACTOR shall co ..with° reasonable requests by COUNTY for
documentation demons g • trac . 's compliance with this Section.
Q. k
13. SURVIVAL
All representatio V. . ra = , and covenants contained in this Contract, or in any
instrument, c- ' cate, , h other writing intended by the parties to survive this
Contract, sh: ' urvive th: ermination or expiration of this Contract, including but not
limited to all t-� (1) pry iding for indemnification of COUNTY; (2) relating to the
California Public co e. Act; (3) relating to COUNTY Data; and (4) relating to
CONTRACTOR's okititions upon termination or expiration of this Contract.
14. LEVINE ACT COMPLIANCE
CONTRACTOR will comply, and will ensure that its agents (as that term is defined
under 2 Cal. Code Regs. § 18438.3(a))and its subcontractors identified in Contractor's
proposal responding to a COUNTY solicitation and/or identified in this Contract
("Subcontractors") comply, with California Government Code section 84308 ("Levine
Act") and the applicable regulations of the Fair Political Practices Commission
concerning campaign disclosure (2 California Code of Regulations sections 18438.1
— 18438.8), which (1) require a party to a proceeding involving a contract to disclose
on the record of the proceeding any contribution, as defined by Government Code
section 84308(a)(6), of more than $250 that the party or their agent has made within
the prior 12 months, and (2) prohibit a party to a proceeding involving a contract from
making a contribution, as defined by Government Code section 84308(a)(6), of more
than $250 to any COUNTY officer during the proceeding and for 12 months following
the final decision in the proceeding. CONTRACTOR agrees to submit disclosures
Contract between the County of Santa Clara and City of Campbell
Page 15 of 19
required to be made under the Levine Act at the Office of the Clerk of the Board of
Supervisors website at http://www.sccgov.orq/levineact, and shall require
Subcontractors to do the same. If this Contract is to be considered or voted upon by
the COUNTY's Board of Supervisors, CONTRACTOR shall complete the Levine Act
CONTRACTOR Form: Identification of Subcontractors and Agents, and if applicable,
shall ensure that any Subcontractor completes the Levine Act Subcontractor Form:
Identification of Agents, and CONTRACTOR must submit all such forms to the County
as a prerequisite to execution of the Contract.
Article V
Insurance Requirements
INSURANCE REQUIREMENTS FOR
' STANDARD CONTRACTS ABOVE $191,000
Indemnity
Notwithstanding any other provision of this Agreemen ntr= r shall indemnify, release,
hold harmless, and defend, with counsel approve. er County iltanta Clara (hereinafter
"County"), County and its officers, agents, and -� loye-s from claim, demand, suit,
judgment, liability, loss, injury, damage, or exp- e o y kind (including attorneys' fees
and costs) arising out of, or in connection wi' rformance of this Agreement by
Contractor and/or its officers, agents, e ees, o' b-contractors, excepting only loss,
injury,or damage caused by the sole negli• + ; Ilfu conduct of personnel employed
by County. It is the intent of the parties to t to provide the broadest possible
coverage for County as allowed 44Y14tk, . P actor shall reimburse County for all costs,
attorneys'fees, expenses, an •iliti i incu lid with respect to any litigation or process in
which Contractor contests it-4•ligat dery nify, defend, and/or hold harmless County
under this Agreement and does` • . eva at contest.
Insurance
Without limiting th-N'4.!ntractoril demnification of the County, the Contractor shall provide
and maintain at its o ,-xpens during the term of this Agreement, or as may be further
required herein, the foil. ' • ' =urance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In
addition, a certified copy of the policy or policies shall be provided by the Contractor upon
request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has
been approved by the County. This approval of insurance shall neither relieve nor
decrease the liability of the Contractor.
B. Qualifying Insurers
Contract between the County of Santa Clara and City of Campbell
Page 16 of 19
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to
the current Best's Key Rating Guide or a company of equal financial stability that is
approved by the County's Insurance Manager.
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer
meet the specified County insurance requirements without 30 days' prior written notice
of such cancellation or change being delivered to the County of Santa Clara or their
designated agent.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death)
and property damage which provides limits as follows:
a. Each occurrence-$1,000,000
b. General aggregate -$2,000,000
c. Products/Completed Operations i greg.te-$2,06' 000
d. Personal Injury-$1,000,000 -
2. General liability coverages .- 4'-rtuo..-:
10
a. Premises ar. -rati• ' .
b. Produ• om.
" . F
c. P�: , In pliability
d. everabili O..f interest.
3. General N it. i:verage shall include the following endorsement, a copy of
which shall TV:rovided to the County:
Additional Insured Endorsement,which shall read:
"County of Santa Clara, and members of the Board of
Supervisors of the County of Santa Clara, and the officers,
agents, and employees of the County of Santa Clara, individually
and collectively, as additional insureds."
Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by the County of Santa
Clara, its officers, agents, and employees shall be excess only and not
contributing with insurance provided under this policy. Public Entities may
also be added to the additional insured endorsement as applicable and the
contractor shall be notified by the contracting department of these
requirements.
Contract between the County of Santa Clara and City of Campbell
Page 17 of 19
•
•
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total
limits of not less than one million dollars ($1,000,000) combined single limit
per occurrence applicable to all owned, non-owned and hired vehicles.
4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its
agents or subcontractors will operate aircraft or watercraft in the scope of the
Agreement)
For bodily injury (including death) and property damage which provides total
limits of not less than one million dollars ($1,000,000) combined single limit
per occurrence applicable to all owned, non-owned and hired
aircraft/watercraft.
5. Workers' Compensation and Employer's Liabi nsurance
a. Statutory California Workers' Co nsa • coverage including broad
form all-states coverage.
b. Employer's Liability co -* •e - not less than one million
dollars ($1,000,000) per occ -rce.
E. Special Provisions
The following provisions shall apply to t A• =44
1. The foregoing r-Air rem#1 is a2 the types and limits of insurance coverage
-A to be maintai by t� w ..-• r. or and any approval of said insurance by
the County or it nce°: sultant(s) are not intended to and shall not in
any ma„.10,111.4.0 • alify the liabilities and obligations otherwise assumed
by th- •ntrac T.. +ur . t to this Agreement, including but not limited to the
pro ins conce" 'ng indemnification.
2. The Cou .c wledges that some insurance requirements contained in
this Agree °.- may be fulfilled by self-insurance on the part of the
Contractor. However, this shall not in any way limit liabilities assumed by the
Contractor under this Agreement. Any self-insurance shall be approved in
writing by the County upon satisfactory evidence of financial capacity.
Contractors obligation hereunder may be satisfied in whole or in part by
adequately funded self-insurance programs or self-insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall
require each of its subcontractors of any tier to carry the aforementioned
coverages, or Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the
event of material noncompliance with the insurance requirements outlined
above.
Contract between the County of Santa Clara and City of Campbell
Page 18 of 19
F. Fidelity Bonds
Before receiving compensation under this Agreement, Contractor will furnish County with
evidence that all officials, employees, and agents handling or having access to funds
received or disbursed under this Agreement, or authorized to sign or countersign checks,
are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent
(15%) of the maximum financial obligation of the County cited herein. If such bond is
canceled or reduced, Contractor will notify County immediately, and County may withhold
further payment to Contractor until proper coverage has been obtained. Failure to give
such notice may be cause for termination of this Agreement, at the option of County.
•
41.
•
Contract between the County of Santa Clara and City of Campbell
Page 19of19
Exhibit A: Program Provisions
CONTRACTOR: City of Campbell
PROGRAM NAME: Senior Nutrition Program— Congregate Meals
1. SERVICE DESCRIPTION
This is a contract between the County of Santa Clara(COUNTY)and City of Campbell
(CONTRACTOR) for the purpose of providing meals to persons 60 years of age and
older at a congregate meal site, which is to be performed in accordance with the Older
Americans Act of 1965, as amended, P.L. 89-73, U.S.C. Section 3000 et seq., and all
amendments, rules, and regulations pertaining thereto and may be funded by the
Older Americans Act and/or may be funded, in whole or part, by the American Rescue
Plan Act of 2021, OARR, CARES, Mello-Granlund Older Californian Act
Modernization (MOCA), and/or other state and federal grants to support the Senior
Nutrition Program.
Meals will be provided in compliance with the cu , `fenior Nutrition Program Policy
and Procedure manual. Unless otherwise app :6 ed i ,•vance by County in writing,
all meals will be served as Congregate als, Indooi 7%.r Outdoor Dining. Each
participant must be registered with each ' ice 4 odel re ° ed.
2. TERM OF CONTRACT . ,
The term begins on July 1, 20240.9,d expir : n June 30, 2025, unless terminated
earlier or otherwise amended.
3. MAXIMUM FINANCIAL e,°m L ATIV
COUNTY will reimbur Ai' 0 t i'AC ` ' actual allowable expenditures subject to the
provisions of this C.= act, f . l lit to exceed $104,160.00.
4. BUDGET CO N <°a
This Contr..",'° con""'h'o-nt .n the appropriation of sufficient funding by COUNTY
for the se -s coverey this Contract. Notwithstanding the termination provisions
set forth her- if fund •, is reduced or depleted by COUNTY for services covered
by this Contract!'4,000 Y has the option to either terminate this Contract without
notice (except thaxtircessary to transition clients in the discretion of COUNTY) and
with no liability occurring to COUNTY, or to offer an amendment to this Contract
indicating the reduced amount.
5. COMPENSATION TO CONTRACTOR
a. FEE FOR SERVICE CONTRACT
i. CONTRACTOR will be paid by COUNTY in accordance with Exhibit A:
Program Provisions, Exhibit B: Program Plan & Requirements, Exhibit C:
Budget, and Exhibit D: Logic Model for the performance of services as
outlined in this Contract up to the maximum compensation. These costs will
also be in accordance with current cost principles and with all other
requirements of this contract:
1. For Non-Profit Agencies, OMB Circular A-122.
2. For Local Governments, OMB Circular A-87.
3. For Public and Nonprofit Institutions of Higher Education, OMB Circular
A-121.
Contract between the County of Santa Clara and City of Campbell
Page 1 of 4
Exhibit A: Program Provisions
4. For Profit Making Organization, 41 CFR Part 1.
ii. If CONTRACTOR provides any tasks, deliverables, goods, services, or other
work, other than as specified in this Contract, the same will be deemed to be
a gratuitous effort on the part of CONTRACTOR, and CONTRACTOR will
have no claim whatsoever against COUNTY.
iii. CONTRACTOR must participate in a closeout period at the end of the
COUNTY funding period. During the closeout period all funds awarded to
CONTRACTOR must be reconciled to the costs incurred and to the remaining
cash, if any. A closeout packet will be provided to CONTRACTOR by
COUNTY at the end of the funding period and is due within forty-five (45)
days thereafter. If actual cost of providing services based on Unit Cost per
meal is less than the amount reimbursed b COUNTY, CONTRACTOR'S
final reimbursement will be reduced by - overpayment received from
COUNTY. This provision survives the to XiTtilI,tion of this Contract.
b. COMPENSATION
CONTRACTOR must submit to Ce TYn invoi 'min a form approved by
COUNTY, by the tenth (10th) wo , • •Ari of each month for the month just
preceding in which services were pe. "• ed. The CONTRACTOR will get paid
on a monthly basis upon re, ':' • an . . .rate account and invoice for service
rendered, as well as payme o •» ' i•a° :nd guest contributions as outlined
in Exhibit B: Program Plan & ` =q - =.
i. Prior to sub ' , in , ices . st be certified and signed by a responsible
officer of TR i -e; authority to' certify that the information
►submitted by L ": is accurate and CONTRACTOR is entitled to
•
paym- -r - terms of the Contract. COUNTY may rely on said
ce ' •.tion i :akN •ayment, but this payment will not constitute a waiver
of of COU Y's legal rights or objections.
ii. Fundin• U ' frames during the year may be allocated to the different
funding s• , yes listed in Section 1. In order to ensure continuation of service,
CONTRACTOR will not be paid for meals in excess of the number of year-to-
date meals listed in the Service Delivery Plan in current fiscal year Budget for
the current funding source. Meals that are provided but not reimbursed in a
particular month may be reimbursed if claimed on later invoice so long as
CONTRACTOR has offered the agreed-upon services continuously and so
long as there are available unreimbursed meals available from the current
funding source.
iii. If the invoice is in proper form and the items billed are payable under this
Contract, COUNTY will make payment to CONTRACTOR.
iv. COUNTY will not be required to make payment if the amount claimed is not
in accordance with the provisions of this Contract. All payments under this
Contract will be made directly to CONTRACTOR as a corporate entity. Under
no circumstances will COUNTY be required.to make payments in any amount
Contract between the County of Santa Clara and City of Campbell
Page2of4
Exhibit A: Program Provisions
pursuant to this Contract to any other parties, including individual employees
or creditors of CONTRACTOR.
v. COUNTY is not obligated to reimburse CONTRACTOR for any expenditure
not reported to COUNTY within sixty (60) calendar days after the end of the
last month of the Contract term.
6. PARTICIPANT CONTRIBUTIONS
a. CONTRACTOR will submit participant contributions on a monthly basis with the
monthly expense claims.
b. CONTRACTOR will deposit all participant contributions in a bank account
maintained for the Senior Nutrition Program (SNP).All deposits, withdrawals, and
balances for the Senior Nutrition Program st be separately identified.
COUNTY has the right to review all financial re. ns and bank accounts for audit
purposes. Participants' contributions will be cA '= -d, counted, and recorded daily
by CONTRACTOR. Two persons designa - :y TRACTOR will co-verify the
collection and count of participant cont;c11 ions dais their signature and date
on a participant contribution accounti► ecor+. Partici 04,t contributions are to be
deposited daily when possible, bu.°14t le equently than on a weekly basis.
Participant contributions are to be keecf. secure locked location and at night
locked in a safe, pending des .nto the' , for Nutrition Program bank account.
7. ADVANCE PAYMENTS
a. If CONTRACTOR is 1 -proll o has not had a congregate meals contract
with the COUNTY tithe fAst five ears, COUNTY, at its discretion may make
advance paymel ands o' °act to CONTRACTOR up to a maximum of
25% of the total ' a 'et," and under conditions as the COUNTY may
specify. Stioroan "t,,•ayments will in no way increase the total maximum
financia igatio-1a,;A,•e 4.• under this contract.
b. CONTR A OR muN meet fidelity bond requirements as specified in Article V F.
of this contra . °`o receiving advance payment.
c. All advance payments require full repayment prior to the expiration of the contract.
COUNTY will specify repayment method of the advance payment amount by
deducting an agreed upon monthly amount from the outstanding balance of the
contract until the repayment obligation is fulfilled, or deducting the advance
payment amount in a lump sum from the remaining contract balance.
8. ADJUSTMENT TO EXHIBIT B: PROGRAM PLAN & REQUIREMENTS
A written adjustment to the Program Plan & Requirements may be approved by the
COUNTY Representative, or designee, identified in this Exhibit, without a contract
amendment as long as the adjustment reflects approved original program provisions
and both parties are notified at least 10 days before the adjusted Program Plan.&
Requirements begins.
9. ADJUSTMENT TO EXHIBIT D: LOGIC MODEL
A written adjustment to the Logic Model may ,be approved by the COUNTY
Representative, or designee, identified in this Exhibit, without a contract amendment
Contract between the County of Santa Clara and City of Campbell
Page 3 of 4
Exhibit A: Program Provisions
as long as the adjustment reflects approved original program provisions and both
parties are notified at least 10 days before the adjusted Logic Model begins.
10. SERVICE PROVIDED
a. CONTRACTOR must inform COUNTY of services and activities performed under
this Contract and accept appropriately referred clients from the COUNTY for
contract services as part of CONTRACTOR's client base.
b. CONTRACTOR must coordinate services with other organizations providing
similar services in order to foster community cooperation and avoid unnecessary
duplication of services.
c. CONTRACTOR must timely assist in the coordination of and verification of
eligibility for mobility management benefits each ►+nth.
d. CONTRACTOR must collaborate with other "o, NTY-sponsored organizations
targeting services to congregate meal pa i. :ant implement those services.
4,1
11. CONTRACT REPRESENTATIVES
a. CONTRACTOR designates Brian L. F nth ity Manager, as CONTRACTOR's
representative for the purpose of pe ' °ing the services as required by this
Contract. Unless otherwise i► ' -ted in g, the above-named person has the
primary authority and respon , _ rry l t this Contract.
b. COUNTY designates ' ”irecto k. Social Services Agency, or designee, as its
representative for t pu*pse o",rt anaging the services performed pursuant to
this Contract.
12. NOTICES
All notices • cribec th - ontract will be in writing and deemed effective if sent
by certifies ail or reil ered mail and properly deposited with the United States
Postal Servi• •osta•, prepaid with return receipt requested and addressed as
follows: '
a. To COUNTY: Social Services Agency
Office of Contracts Management
333 West Julian Street
San Jose, California 95110-2335
b. To CONTRACTOR: City of Campbell
Brian Loventhal, City Manager
70 N 1st Street
Campbell, CA 95008
13. COUNTY'S CONTRACT TRANSITION PROCESS
CONTRACTOR agrees to provide all information deemed necessary by COUNTY for
use in subsequent procurement cycles.
Contract between the County of Santa Clara and City of Campbell
Page 4 of 4
Exhibit B: Program Plan & Requirements
CONTRACTOR: City of Campbell
PROGRAM NAME: Senior Nutrition Program —Congregate Meals
1. SERVICE DESCRIPTION & EXPECTED OUTCOME
CONTRACTOR will work with the Social Services Agency — Senior Nutrition
Program (COUNTY) and other community partners to ensure that the seniors
receive nutritious and healthy meals at CONTRACTOR's_nutrition site(s). The
PROGRAM provides seniors and older adults of Santa Clara County access to
healthy, nutritious meals and the opportunity to socialize, take classes, and access
other services. CONTRACTOR will perform services in compliance with the Senior
Nutrition Program, Congregate Policy & Procedures Manual, and any updates
thereto.
2. PERMITS AND LICENSES
CONTRACTOR will obtain all permits and license =cessary to the performance of
this contract will assure that its subcontractors ocIA ar-itir" P same.The CONTRACTOR
will pay all normal fees for permits, licenses, pectio any other certification or
service required in the performance of thi ntract. n
3. ELIGIBLE INDIVIDUALS
Persons who are eligible for m-..Is and ' rw ices under this contract are those
persons who are 60 years of ag - -r or `ik are spouses of persons who are
•
60 years of age or older. Meals m be = -ilable to disabled individuals who
have not attained 60 ye-®w., if ag ±.,k wh eside in housing facilities occupied
primarily by the elderl .o d , ch c° gregate nutrition services are provided, or
individuals with dis,;,orities ? o reTik,e at home with and accompany older
individuals who are ex •le • <_:- ;. Priority will be given to those older persons
in greatest soci T d - omic need with particular attention to seniors who are
age 75 or olds./T .. nd/or living alone, as defined by the Older Americans
Act of 196
4. MEALS
a. Meals serv-132 '� ONTRACTOR must provide at least one-third (1/3rd) of the
current recom ended dietary allowance specified by the Food and Nutrition
Board of the National Academy of Sciences— National Research Council.
b. Menus will be planned by CONTRACTOR in cycles, the minimum period being
five (5) weeks. Such menus must be planned in accordance with COUNTY
requirements. Such menus will be submitted to COUNTY three (3)weeks prior
to initial use. Client-facing menus will be posted in a conspicuous location at
the meal site at least one (1) week in advance of use.
c. Table settings will be of reasonable quality. If disposable dinnerware is used, it
will be of sturdy quality. Only offer single-use items needed to eat or prevent
spillage of the ready-to-eat food. Only provide single-use accessories to
participants upon request. Samples of single-use items are forks, knives,
spoons, and sporks. Compostable serve ware is highly encouraged.
Contract between the County of Santa Clara and City of Campbell
Page 1 of 9
Exhibit B: Program Plan & Requirements
5. CONGREGATE MEAL SITES
a. CONTRACTOR will provide congregate meals at the meal site(s), days, and
times indicated in current fiscal year Budget. Notwithstanding, CONTRACTOR
may make minor changes to the service days and times listed in current fiscal
year Budget with prior written approval of COUNTY.
b. CONTRACTOR may not relocate the meal site or add a meal site without prior
notification, inspection, and approval by COUNTY. Relocation or addition of a
meal site without the prior approval of the COUNTY may be considered a
breach of the provisions of this contract. COUNTY may suspend or withhold
payments, or terminate the contract if the relocation affects any of the
provisions of the contract including, but not limited to the following:
i. The relocation or addition reduces or terminates the provision of services
to seniors in the geographic area served by,,,, contract.
ii. The relocation or addition changes the w 4 .rea served by this contract.
iii. The relocation or addition does n erve or give 1 .rity to older persons in
the greatest social or econorrfe,f, eed . defined •y the Older Americans
Act of 1965 as amended.
c. The site must- have adeq, . ,;,- • ting ,. d ventilation and must meet all
applicable health, fire, safety d regulations. CONTRACTOR must
obtain current certific fro • opri a public officials indicating the site is
in compliance wit :nd ! regulations.
d. CONTRACTO' + = a pleasant dining atmosphere is maintained
and that t - - is . _ uate space for the equipment of participants, such as
canes, d ,'-elchairs.
e. There Nit •e no arAtectural barriers which would prevent an eligible individual
from hav rcce to the meal site facility.
f. Innovative se vices may be added to the PROGRAM during the term of this
contract, or upon an extension of this contract, upon written approval of the
COUNTY.
g. If a site is designated as a catered site in current fiscal year Budget, upon
written approval from COUNTY and upon obtaining all required governmental
approvals, CONTRACTOR may switch to being a cook-on-site location. In the
event of this switch, CONTRACTOR's per-meal rate will be changed to the
standard cook on site per-meal rate if different than the catered meal rate.
6. NUMBER OF MEALS, SERVING DAYS, AND HOLIDAYS
a. CONTRACTOR will provide the number of meals as specified in current fiscal
year Budget. If demand by eligible individuals in the first six (6) months of this
Contract does not result in CONTRACTOR providing the average number of
meals per day specified in current fiscal year Budget, COUNTY may terminate
this Contract. Prior to termination, COUNTY and CONTRACTOR may attempt
to renegotiate this Contract to allow CONTRACTOR to reduce the average
Contract between the County of Santa Clara and City of Campbell
Page2of9
Exhibit B: Program Plan & Requirements
number of meals to be provided per day. If CONTRACTOR provides additional
meals and such additional meals will cause CONTRACTOR to exceed the
Maximum Financial Obligation of this Contract, such additional costs will be the
sole expense of CONTRACTOR, unless the parties agree and execute a
Contract Amendment.
b. CONTRACTOR will be paid for the number of meals provided to eligible
participants at a meal site, not the number of meals prepared. COUNTY will
not reimburse meals served that do not meet the dietary requirements in
Section 4(a).
c. CONTRACTOR must open its Nutrition Site(s) for the number of service days
specified in current fiscal year Budget. CONTRACTOR must open its Nutrition
Site(s) at minimum the number of serving days indicated each week except for
holidays. Should CONTRACTOR close its Nut Alin Sites) due to unforeseen
circumstances, CONTRACTOR will notify NTY immediately and work
collaboratively to reschedule the day(s) utrition Site(s) was closed.
Should CONTRACTOR close their 40 utrition :nte(s) due to foreseen
circumstances and not be able 41,`reschedule day(s) of services,
CONTRACTOR will not be reimbu,6 • for fo number •f meals allocated to the
serving day(s)that the Nutrition Sit "`, ;0 closed.
7. ADVISORY COUNCIL
CONTRACTOR will ensure that a L. - e to elect a participant to represent
each of its nutrition sites o. a co pl'&�` 'de p:gram Advisory Council. It will be the
responsibility of the pr dvisK Council to advise the COUNTY on policy
matters relating to t elive rrof the:•ngregate nutrition services throughout the
COUNTY program a-NI, X.
8. SUPPORTIV
a. CON 4FA CTOR p ide supportive services, to the extent that such
servic-%:re nee.." and are not already available from third parties and
accessib . in• duals participating in the Congregate Meals Program.
Supportive --rip,vtrs may include:
i. Transportation of eligible individuals to and from congregate meal sites so
that nutrition and other services will be accessible to those eligible
individuals living within the program area who, because of lack of mobility
or physical or mental handicap, would otherwise be unable to participate
in the program;
ii. Information and referral services designed to provide eligible individuals
with current information of, and referral to, all appropriate services to meet
their needs;
iii. Health and welfare counseling services designed to assist eligible
individuals in dealing with the problems and stresses that interfere with
normal health and social functioning. CONTRACTOR may provide such
services through person-to-person assistance from trained counselors or
referrals to other resources;
Contract between the County of Santa Clara and City of Campbell
Page 3 of 9
Exhibit B: Program Plan & Requirements
iv. Nutrition education through a formal program of regularly scheduled
meetings to make available pertinent facts related to nutritional need;
•
v. Recreation activities designed to foster the health and social well-being of
program participants through social interaction and satisfying use of free
time;
vi. Outreach activities to assure maximum participation of hard-to-reach and
other eligible individuals.
•
b. CONTRACTOR will report the supportive services provided at its meal site(s)
to the COUNTY in the format requested by the COUNTY and whether the
service is provided by CONTRACTOR or another entity at least annually, or
more often, as requested by the COUNTY `OUNTY may request this
information from CONTRACTOR up to once ic quarter.
9. FOOD INVENTORY
CONTRACTOR will develop a written pla conducting . d inventories. The plan
will include the procedures for con. ^ ing inven •ries, identify persons
responsible for conducting the invento , -.• :et the schedule for completing the
inventories. The plan will also inc ude a d-. x.tion of the "First-in-First Out" food
rotation system that will be use :%4. ure «wed goods are rotated to prevent
deterioration. CONTRACTOR will • ry - "` Y with a copy of its food inventory
plan and completed food i - torie...1. •n re•Jest.
10. PEST CONTROL
CONTRACTOR is rep e pest control requirements in the current
Senior Nutrition ' .:ra congregate Policy & Procedures Manual. In addition, if a
pest issue is '•. - C4rt, TY reserves the right to require CONTRACTOR to
take corr- Ve action r- edy the issue or require any other action from
CONTRAC -1e" necessi to protect the health and welfare of participants.
11. DATA COLLECo. ND PRIVACY
a. At intervals pr=scribed by the COUNTY and, on forms provided by COUNTY,
CONTRACTOR will collect program data and information relating to nutrition
risk assessments, registered site participants, meals, use of services and
program contributions. CONTRACTOR will also be required to collect program
data through the use of electronic collection methods. Such methods may
• include the use of computers, scanners, or other means. CONTRACTOR must
comply with collection requirements as directed by COUNTY.
b. Unless otherwise specified, COUNTY will provide CONTRACTOR with the
equipment needed to collect data by electronic means ("Scanning Equipment").
If COUNTY provides CONTRACTOR with Scanning Equipment, COUNTY will
be considered legal owner and Scanning Equipment must be returned to
COUNTY immediately upon termination or expiration of this agreement.
c. CONTRACTOR agrees to provide information deemed necessary by COUNTY
such as providing SNP a Budget Justification workbook with line-item budget,
Contract between the County of Santa Clara and City of Campbell
Page 4 of 9
Exhibit B: Program Plan & Requirements
detailed staffing information, and a list of other agency resources being
contributed towards the program.
d. CONTRACTOR must submit a completed and signed Santa Clara Senior
Nutrition Program — Monthly Report, New Client Log, Monthly Scanner Data
Report for the prior month by the fourth (4th) working day of the current month
to their assigned registered dietitian.
e. No later than the second time an eligible participant attends a congregate meal
site operated by CONTRACTOR, CONTRACTOR must have the participant
complete a registration form with participant's information. Registration forms
must be submitted online to the designated COUNTY staff person on an
ongoing basis for new and updated registrations.
f. Quarterly Report. Quarterly Reports with outp -nd outcome data must be
turned in with September, December, Mar `and July invoices. Quarterly
Reports must be prepared on the form pre d'e:r° the COUNTY. Submission
of the Quarterly Report is required bef �-�the c•'Y ponding monthly invoice
can be paid. •
,
g. Within 30 days of executing this ag4, ', and annually thereafter if the term
of this agreement is extend-d, all e .�ees, volunteers, subcontractors, or
agents of CONTRACTOR =ifii'iqw le c• 10,ential client information, including
but not limited to registration ms o plete the information security and
privacy presentation .,, .,_ne tr: pro""ded by the California Department of
Aging rent available at:
https://www.agi► r a.go rogr Providers/Information Security and Priv
/Presentatio, a•e, 6 ; a n completion, evidence must be submitted to
COUNTY •vi • Sourcewise.
12. PARTICIP CONT U N PRINCIPLES
a. CON TOR w.ifi provide meals to eligible individuals regardless of their
ability to .a trib A for all or part of their meals. Recipients are requested to
'make a fin. contribution to offset the cost of the meals. Suggested
contribution fog congregate meals is $3.00 per meal. If CONTRACTOR also
provides home delivered meals, the suggested contribution is $3.00 per meal.
Contributions are confidential. CONTRACTOR will not disclose records of the
amount of contribution received or the name of contributor to third parties
without written permission of the contributor. COUNTY has the right to review
CONTRACTOR'S contribution records for audit purposes. Payment of the
suggested contribution is not a condition for the receipt of meals.
b. CONTRACTOR will submit participant contributions monthly with the monthly.
reimbursement claims. One hundred percent of these contributions must be
submitted to COUNTY.
13. VOLUNTEER, GUEST, AND STAFF MEALS
a. Volunteer Meals:A volunteer under the age of 60 who provides services during
meal hours may be offered a meal, if doing so will not deprive an older
individual of a meal. Volunteers under age 60 who receive a full meal that
Contract between the County of Santa Clara and City of Campbell
Page5of9
Exhibit B: Program Plan & Requirements
meets the requirements in Section 4 must pay a $3.00 fee and the fee must be
included with the participant contributions and returned to the COUNTY.
CONTRACTOR must record the number of volunteer meals served.
CONTRACTOR will be reimbursed for volunteer meals provided.
b. Guest Meals: A guest under the age of 60 may be offered a meal during meal
hours if doing so will not deprive an older individual of a meal or add to the cost
of meals,prepared. A guest must pay a fee of at least $8.00-$9.00 or up to the
actual cost of the meal served, as specified in current fiscal year Budget.
CONTRACTOR must record the number of guest meals served and keep guest
fees separate from participant contributions. CONTRACTOR may keep guest
fees received. The cost of providing guest meals may not be included in the
quarterly reconciliation.
c. Staff Meals: Nutrition services staff under the - p of 60 may receive a meal if
doing so will not deprive an older individu- ," a meal or add to the cost of
meals prepared. CONTRACTOR must re„` ' - number of nutrition services
staff meals served. The cost of providint staff me-- ay not be included in the
no
quarterly reconciliation. .74
14. MANDATORY ATTENDANCE
CONTRACTOR must have a re resentat attend every required training and
meeting offered by the COUNTY1 •eci „ the Senior Nutrition Program.
15. PURCHASES
COUNTY may require . .` ' °'AC IR, by written notice, to obtain approval of
COUNTY for all pur yv es o •od a 1 materials. Approval will not be withheld by
COUNTY except for • .
16. NON-EXPE = n.- • -TY
Any acqu'ANn by Tth, T" CTOR of non-expendable property with a retail
purchase p in excel of five-thousand dollars ($5,000.00), that is required by
CONTRACTO i r pe r' mance of this Contract, must require prior written approval
of COUNTY. C•Nivdti. , will be the legal owner of all equipment that is purchased
with COUNTY fund COUNTY may take possession of its equipment if it is not being
used primarily for program purposes and will determine disposition of that equipment
upon expiration or termination of this contract.
17. COMPETITIVE BID REQUIREMENTS
a. All equipment purchases by the CONTRACTOR exceeding five-thousand
dollars ($5,000.00) must be procured through a competitive process in
compliance with Sourcewise's bidding procedures unless services or materials
can be obtained only from a single source. Any procurement exceeding ten-
thousand dollars ($10,000.00)must also comply with the requirements of Office
of Management and Budget Circular Uniform Guidance.
b. Unless CONTRACTOR uses the COUNTY's designated vendor, prior to
making any equipment purchase that has a value of five-thousand dollars
($5,000.00) or more, CONTRACTOR will submit to COUNTY evidence that it
has received a minimum of three (3) bids for such subcontract and justification
Contract between the County of Santa Clara and City of Campbell
Page 6 of 9
Exhibit B: Program Plan & Requirements
for selection of the successful bidder or submit documentation to support the
use of the sole supplier. Record shall be maintained by CONTRACTOR
showing the parties solicited and the bids submitted.
18. OVERTIME WORK
. Overtime work expenditures that are incurred by the CONTRACTOR will not be paid
by reducing services or meals under this contract. -
19. RESTRICTION OF DISCLOSURES
Any reports, analysis, studies, drawings, information or data generated as a result
of this contract are to be provided to COUNTY prior to public dissemination.
20. MEAL VERIFICATION AND ERROR RATES
CONTRACTOR must create and provide accurate electronic and paper
documentation for the total number of meals provide , ' d invoiced each month.
Paper documentation of the number of mo " Is provided includes both
monthly reports, New Client Logs, Guest and, :ff me- ` .s, and daily sign-in sheet
for the meals distributed. Monthly reports *; submitted t. - COUNTY per section
11(d) above. Sign-in sheets are descri :r.-in t 4yenior N trition Program policies
and procedures manual and must be sub4 -.4V. COUNTY monthly. Sign-in sheets
and New Client Logs are verificati. of the 4:;'t;� •er of meals included on the monthly
io
reports and the total number i'klisjture d reported meals must match.
COUNTY will not reimburse form r o „ o`the monthly report for which there
is no signature on a sign-i ., ,eet o v
ature "on the new client log.
Electronic document. is d scribe. section 11(a)above and includes electronic
meal data collected t t a g► ° A °r4s - a scanning device or entry into a COUNTY-
provided syste -ct oitti. data report may be accepted by COUNTY as back-up
documentati. •r . { o report in lieu of a sign-in sheet. COUNTY will not
reimburse ,4917 meals re prte. •"n the monthly report for which there is no electronic
documenta-'-%Tib,,unless o erwise verified in a manner acceptable to COUNTY, such
as with a new ;. t lo•
Electronic data also` ust be reconcilable to Sourcewise's AssureCare database. If
electronic documentation is not reconcilable to Sourcewise's Assurecare database
an error rate is created. If CONTRACTOR's electronic data exceeds an error rate of
5%, COUNTY may withhold a percentage of CONTRACTOR's invoice equivalent to
the percentage of the error rate exceeding the 5% threshold. For example, if
CONTRACTOR has an error rate of 23%, COUNTY may withhold 18% (23% - 5%)
'of CONTRACTOR's invoice for that month. However, if'Sourcewise reimburses
COUNTY for the meals that create this error rate, then the County will not withhold
any percentage of CONTRACTOR's invoice for the error rate but still may withhold
payment for the other documentation issues listed in this section.
21. GRIEVANCE POLICY
a. CONTRACTOR must establish a written grievance process for reviewing and
attempting to resolve complaints of older individuals receiving services funded
by this Contract which complies with Sourcewise's requirements and the Older
Contract between the County of Santa Clara and City of Campbell
Page 7 of 9
Exhibit B: Program Plan & Requirements
Americans Act, Section 315(b)(4). At a minimum, the process shall include all
of the following:
i. Time frames within which a complaint will be acted upon.
ii. Written notification to the complainant of the results of the review,
including a statement that the complainant may appeal to Sourcewise if
dissatisfied with the results of CONTRACTOR's review.
iii. Confidentiality provisions to protect the complainant's rights to privacy.
Only information relevant to the complaint may be released to the
- responding party without the older individual's consent.
'b. CONTRACTOR shall notify older individuals of the grievance process available
. to them by: .
i. Posting notification of the process i ,V i and accessible areas, such
as the bulletin boards in multipuutpse sent► k_enters or areas in which
there are a substantial numbe C older adult ::`,tor individuals who are
non-English speaking, the no.a;'atio ,gti all also :e posted in the primary
language of a significant num:=fir L.,,G`der individuals.
.a...
ii. Advising homebound 5' is•ivid =6of the process either orally or in
writing upon CONTRA•'? • - 3 cwith the individuals.
c. Complaints may i , tl%=..11)ut n: +e limited to, any or all of the following:
i. Amount or . ice.
ii. D-n( o' ,o Wilk,ance of a service.
iii. • .tisfactio with the service being provided or with the service
pro 144, . If tcomplaint involves an issue of professional conduct that is
under-%Frisdiction of another entity, such as the California Medical
Board orhe State Bar Association, the complainant shall be referred to
the proper entity.
iv. Failure of the service provider to comply with any of the requirements set
forth in California Department of Aging regulations or in the contract with
Sourcewise. • .
d. Nothing in this Grievance policy shall be construed as prohibiting older
individuals from seeking other available remedies, such as presenting their
complaints at an open meeting of CONTRACTOR's governing board.
e. Participants shall notify the COUNTY in writing within ten working days after
statement has been issued to complainant detailing the complaint, resolution
and copy of the statement sent to the complainant. The address for mailing is
353 W. Julian Street, 4th Floor, San Jose, CA 95110.
Contract between the County of Santa Clara and City of Campbell
Page8of9
Exhibit B: Program Plan & Requirements
f. If a participant is dissatisfied with the results of the review, they shall notify
Sourcewise in writing within ten working days after statement has been issued
to complainant detailing the complaint, resolution and a copy of the statement
sent to complainant. The address for mailing is 3100 De La Cruz Boulevard,
Suite 310, Santa Clara, CA, 95054. .
22. FISCAL YEAR CLOSEOUT SUBMISSION
Due to fiscal reporting deadlines imposed by the California Department of Aging and
Sourcewise, CONTRACTOR must submit requested fiscal year-end closeout
documents to COUNTY accounting staff by July 3 of current fiscal year.
•
110
Contract between the County of Santa Clara and City of Campbell
Page 9 of 9