HomeMy WebLinkAboutCC Resolution 26-13393 - Second Amendment to the Contract with County of Santa Clara, Senior Nutrition ProgramRESOLUTION NO. 26-13393
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING THE SECOND AMENDMENT TO THE CONTRACT WITH THE
COUNTY OF SANTA CLARA FOR THE SENIOR
NUTRITION PROGRAM IN FISCAL YEAR 2026-2027 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 First Amendment to the Contract with the County of Santa Clara
will expire on June 30, 2026; and
WHEREAS, the Second Amendment to the Contract with the County of Santa
Clara is required to execute the term for one year, from July 1, 2026 through June
301 2027, and clarify the financial obligations of each party to include a maximum
reimbursement to the City of $104,580.00 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 Second Amendment to the Contract with Santa
Clara County which provides increased funding not to exceed $104,580.00 for the
Senior Nutrition Program for Fiscal Year 2026-2027 and authorizes the City
Manager to execute the Contract.
PASSED AND ADOPTED this 16t" day of June 2026 by the following roll call vote:
AYES: Councilmembers: Lopez,
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Andrea Sa ers, City Clerk
Hines, Scozzola, Bybee, Furtado
PPROVED:
Daniel E. urtado, Mayor
Additional Information for SNP FY 2026-2027 Budget Justification
Agency Name: City of Campbell
Site Location: SNP ConjreRate Meals
A I B
Fee for Service Budget Justification*
Personnel Costs
Total Program Cost
Agency
Amount**
Salaries
$
90,800.00
$
90.1800.00
Volunteer Hours (in -kind)
$
45,286.00
$
451,286.00
Payroll Taxes
$
11,316.00
$
11-316.00
Retirement Contribution
$
710873.00
$
7,873.00
Health Insurance
$
24.1773.00
$
24,773.00
Other Fringe Benefits
$
5,921.00
$
5,921.00
Subtotal Personnel Costs
$
175,969.00
1 $
175,969.00
Operating Expenses
Food Costs @ $6.89/meal
$ 120,147.30
$ 27,370.90
Non -Food Costs @ $0.294/meal
$ 5,121.20
$ 2,560.60
In -Kind Donations (Food, non-food, rent, etc.)
$ -
Rent
Facility Usage Costs (Utilities, property insurance, etc.)
$ 7,200.00
Office Supplies (paper, printing postage, software)
Staff Mileage/Transporation
$ 236.00
$ 118.00
Equipment & Repairs
(Required to notify RD prior to purchase or repair)
Fiscal (bookeeping, audit, banking, permits fees)
Other
$
3,850.00
$
Subtotal Operating Expensesi
$
136,554.50
$
INDIRECT COSTS (maximum 15% of SCC Contract Amount or federally approved indirect rate)
Administrative Overhead (Indirect Costs)
Grand Total
$
312,523.50
$
Unit cost (approximate)*: $ 17.93 $
Food Cost per Meal: $ 6.89 $
Food Cost as Percent of Unit Cost (Minimum of 25% less $.25 for SCC funding)**: 38%
*Actual expenses must be reconciled to the amount of the County per meal reimbursement quarterly and at year end.
1,925.00
31,974.50
17,430
Annual Meals
D
SCC Contract Amount
$ -
$ 92/776.40
$ 2,560.60
$ 7,200.00
$ 118.00
$ 1,925.00
$ 104,580.00
$ -
207,943.50 11 $ 104,580.00
11.93 $
1.57 $
13%
6.00
5.32
89%
SECOND AMENDMENT TO THE CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND
THE CITY OF CAMPBELL
This is the Second Amendment to the Contract between the COUNTY of Santa Clara (COUNTY) and
the City of Campbell (CONTRACTOR) for the provision of the Senior Nutrition Program — Congregate
Meals.
This Contract is amended as follows:
Effective July 1, 2026, the parties agree to comply with the provisions contained in the following
exhibits and article, which are either attached hereto or stated below, and incorporated herein by
this reference and made a part of the Contract.
1. Add Exhibit A-2: Program Provisions, which is attached hereto and incorporated by this reference.
2. Add Exhibit B-2: Program Plan & Requirements, which is attached hereto and incorporated by this
reference.
3. Add Exhibit C-2: Budget, which is attached hereto and inco ted herein by this reference.
4. Add Exhibit D-2: Logic Model, which is attached hereto a nVirncbrporated by this reference.
5. Add Exhibit E: SCC IT User Responsibility Statement for Third Parties, which is attached hereto
and incorporated by this reference.
6. Article I, 2. AMENDMENTS is revised to read:
2. AMENDMENTS <441f
This agreement may only be amended by ten instrument signed by the Parties.
7. Article I, 4. GOVERNING LAW, VENUE is re a `to read:
4. GOVERNING LAW, VENUE
This Agreement shall be cons d and in peeted according to the laws of the State of
California, excluding its conf of law prin les. Proper venue for legal actions shall be
exclusively vested in state court in Santa Clara COUNTY. The parties agree that subject matter
Aar
and personal jurisdiction are proper in state court in Santa Clara COUNTY and waive all venue
objections.
8. Article IV, 5. CONTRACTING PRINCIPLES is revised to read:
5. CONTRACTING PRINCIPLES
All entities that contract with the COUNTY to provide services where the contract value is
$100,000 or more per budget unit per fiscal year and/or as otherwise directed by the Board, shall
be fiscally responsible entities and shall treat their employees fairly. To ensure compliance with
these contracting principles, all CONTRACTORS shall: (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; (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.
9. Article IV, 12. COVID-19 REQUIREMENTS is removed in its entirety.
10. Article IV, 14. LEVINE ACT COMPLIANCE is revised to read:
13. LEVINE ACT COMPLIANCE
CONTRACTOR will comply, and will ensure that its agents (as that term is defined under California
Government Code section 84308(h)) and its subcontractors identified in CONTRACTOR's proposal
responding to a County solicitation and/or identified in this Agreement ("Subcontractors")
Page 1 of 3
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
comply, with 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
certain contracts to disclose on the record of the proceeding any contribution, as defined by
Government Code section 84308(a)(6), of more than $500 that the party or their agent has made
within the prior 12 months to a member of the County's Board of Supervisors or any Other Elected
County Officer ("Elected County Officer"), and (2) prohibit a party to a proceeding involving a
covered contract from making a contribution, as defined by Government Code section
84308(a)(6), of more than $500 to any Elected County Officer during the proceeding and for 12
months following the final decision in the proceeding, as well as prohibit an agent of the party
from making a contribution in any amount to any Elected County Officer during the same time
periods. CONTRACTOR agrees to submit any disclosures required to be made under the Levine
Act at the Office of the Clerk of the Board of Supervisors website at
https://www.sccgov.org/levineact, and CONTRACTOR shall require Subcontractors to do the
same.
11. Add Article IV, 14. ACCESSIBILITY OF WEB CONTENT AND MOBILE APPLICATIONS INTENDED FOR
Pi IRI it i im:
14. ACCESSIBILITY OF WEB CONTENT AND MOBILE APPLICATIONS INTENDED FOR PUBLIC USE
Any web content and/or mobile application created, modified, or published by the CONTRACTOR
pursuant to this Agreement for public use shall com ly ith the Level A and Level AA or higher -
level success criteria and conformance requiremen pecified in the 2018 or a later -published
version of the Web Content Accessibility Guidelines 2.1, available at
https://www.w3.org/TR/2018/REC-WCAG21-20180605/.
All other terms and conditions of the Cont . ct remain in full force and effect. In the event of a conflict
between the original Contract and this A dmerneWthis Amendment controls.
Page 2of3
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereby agree to the terms of this Amendment to
the Contract.
COUNTY OF SANTA CLARA
Greta S. Hansen, Chief Operating Officer
Social Services Agency
Date:
Daniel Little, Director
Social Services Agency
Date:
APPROVED AS TO FOR
Deputy County Counsi
Date:
CONTRACTOR
Brian Loventhal, City Manager
City of Campbell
Date:
Page 3 of 3
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: 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, Pub. 1. 89-73; 42 U.S.C. Section 3001 et seq.,
and all amendments, rules, and regulations pertaining thereto and may be funded by
the Older Americans Act (OAA) and/or may be funded, in whole or part, by the
American Rescue Plan Act of 2021 (ARPA), Older Adults Recovery and Resiliency
(OARR), Coronavirus Aid, Relief, and Economic Security Act (CARES Act),
Modernizing the Older Californians Act (MOCA), and/or other state and federal grants
to support the Senior Nutrition Program.
Meals will be provided in compliance with the cu ` en Senior Nutrition Program Policy
.
and Procedure manual. Unless otherwise proved in advance by COUNTY in
writing, all meals will be served as Congregate Meals, Indoor or Outdoor Dining. Each
participant must be registered with eac rvi model received.
2. DELIVERABLES
a. Invoices
CONTRACTOR will submit invoices in a format approved by COUNTY and as
outlined in Section 6 of this Exhibit. Invoices must be signed by CONTRACTOR.
b. SSA Outcome Measurement Reporting
CONTRACTOR will submit a quarterly report as outlined in Section 7 of this
Exhibit and Exhibit D-2: Logic Model.
3. CONDITIONAL AMENDMENTS
The County Executive, or designee, received delegation of authority from the Board
of Supervisors on April 14, 2026, to negotiate, execute, amend, and terminate the
scope of services, the term, new or revised contracting requirements, maximum
financial obligation and budget of this Contract through June 30, 2027 based upon
the following conditions:
a. COUNTY has appropriated sufficient funds for the modification of this Contract,
b. CONTRACTOR is meeting the performance requirements for this contract,
c. County Counsel has reviewed and approved the amendment as to form and
legality, and
d. County Executive has approved the amendment.
4. TERM OF CONTRACT
The term begins on July 1, 2024, and expires on June 30, 2027, unless terminated
earlier or otherwise amended; with two one-year extension options.
Page 1 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: Program Provisions
5. MAXIMUM FINANCIAL OBLIGATION
COUNTY will reimburse CONTRACTOR actual allowable expenditures subject to the
provisions of this Contract, for a total not to exceed $104,160.00 in FY2024-2025,
$104,160.00 in FY2025-2026 and $104,580.00 in FY2026-FY2027 for a total not to
exceed $312,900.00.
6. BUDGET CONTINGENCY
This Contract is contingent upon the appropriation of sufficient funding by COUNTY
for the services covered by this Contract. Notwithstanding the termination provisions
set forth herein, if funding is reduced or depleted by COUNTY for services covered
by this Contract, COUNTY has the option to either terminate this Contract without
notice (except that necessary 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.
7. COMPENSATION TO CONTRACTOR
a. FEE FOR SERVICE CONTRACT
i. CONTRACTOR will be paid by CONTY in accordance with Exhibit A-2:
Program Provisions, Exhibit B-2,-Frograrn Plan & Requirements, Exhibit C-2:
Budget, and Exhibit D-2: Logi od r the performance of services as
outlined in this Contract up to the a., mum 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;^MBCJircularA-122.
2. For Loccipovernments,,OMB Circular A-87.
3. For Pu and No fit stitutions of Higher Education, OMB Circular
A 121.
4. For Profit aking 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 by COUNTY, CONTRACTOR'S
final reimbursement will be reduced by the overpayment received from
COUNTY. This provision survives the termination of this Contract.
b. COMPENSATION
CONTRACTOR must submit to COUNTY an invoice in a form approved by
COUNTY, by the tenth (10th) working day of each month for the month just
preceding in which services were performed. The CONTRACTOR will get paid
Page 2 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: Program Provisions
on a monthly basis upon receiving an accurate account and invoice for service
rendered, as well as payment for participant and guest contributions as outlined
in Exhibit B-2: Program Plan & Requirements.
i. Prior to submittal, invoices must be certified and signed by a responsible
officer of CONTRACTOR with authority to certify that the information
submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to
payment under the terms of the Contract. COUNTY may rely on said
certification in making payment, but this payment will not constitute a waiver
of any of COUNTY's legal rights or objections.
ii. Funding for time frames during the year may be allocated to the different
funding sources 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 thatovided but not reimbursed in a
articular month may be reimbursed ' ai d on later invoice so long as
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CONTRACTOR has offered the agr d-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
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.
8. OUTCOME MEASUREMENT REPORTING
This contract requires SSA's performance and outcome measurement reporting in
order to demonstrate the impact of services on client populations. CONTRACTOR
shall monitor, measure and report on the service outputs and outcomes outlined in
Exhibit D-2: Logic Model.
CONTRACTOR must submit to COUNTY a quarterly report using the form provided
by the COUNTY. Instructions and training to complete the form can be found on
https://www.youtube.com/watch?v=1*2VU04PhW8.
CONTRACTOR must submit the report by the fifteenth (15th) working day after each
quarter for services performed during the preceding quarter.
Page 3 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: Program Provisions
9. 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 must be separately identified.
COUNTY has the right to review all financial records and bank accounts for audit
purposes. Participants' contributions will be collected, counted, and recorded daily
by CONTRACTOR. Two persons designated by CONTRACTOR will co -verify the
collection and count of participant contributions daily by their signature and date
on a participant contribution accounting record. Participant contributions are to be
deposited daily when possible, but no less frequently than on a weekly basis.
Participant contributions are to be kept in a secure locked location and at night
locked in a safe, pending deposit into the Senior Nutrition Program bank account.
10. ADVANCE PAYMENTS
a. If CONTRACTOR is not -for -profit who has not had a congregate meals contract
with the COUNTY in the last five years, COUNTY, at its discretion may make
advance payments under this contract to NTRACTOR up to a maximum of
25% of the total contract amount an er conditions as the COUNTY may
specify. Such advance payments will i. o_ way increase the total maximum
financial obligation specified under on t.
b. CONTRACTOR must meet fide and requirements as specified in Article V F.
of this contract prior to recving a4vance payment.
7
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 up*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.
11. ADJUSTMENT TO EXHIBIT B-2: 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.
12. ADJUSTMENT TO EXHIBIT D-2: 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
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.
13. SERVICE PROVIDED
a. CONTRACTOR must inform COUNTY of services and activities performed under
this Contract and accept appropriately referred clients from the COUNTY for
Page 4 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: Program Provisions
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 month.
d. CONTRACTOR must collaborate with other COUNTY -sponsored organizations
targeting services to congregate meal participants to implement those services.
14. CRITICAL INCIDENT REPORTING PROVISION
a. CONTRACTOR shall report and document all major and/or sensitive incidents
("critical incidents") to COUNTY pursuant to the procedures and timing outlined
below. COUNTY, in its sole discretion, may require CONTRACTOR to conduct
all necessary follow-up after reporting critical incidents. If there is any doubt about
whether an incident should be reporte the default shall be for CONTRACTOR
to report the incident to COUNTY.
b. A "critical incident" generally refers to unanticipated and unusual event or
occurrence which (1) impacts or poses a risk to the health or safety of the
participants, if any, and/or CONTRACTOR's staff; or (2) represents a significant
deviation from the standard of care fdWhe participants, if any, served by
CONTRACTOR. Critical incidents may include, but are not limited to the following
allegations and/or events:
i. Boundary violation (e.g., inappropriate contact/communication/or other
interaction between a service provider and participants, if any, served by
CO . ACTOR).
ii. Sexftassault or misconduct.
iii. Physical, psychological, or emotional abuse or neglect.
iv. Attempted suicide.
v. Death.
vi. Serious injury or death related to the services provided under the contract.
vii. Serious injury or death of any person on property owned, leased, or operated
by CONTRACTOR, including but not limited to facilities, parks, sidewalks, and
roads.
viii. Serious damage to the property of another related to the services provided by
CONTRACTOR under this Agreement.
ix. Event requiring significant medical intervention (e.g., emergency medical
services, inpatient stay, complications from psychotropic medication regimen,
overdose, involuntary psychiatric hold § 5150).
x. Notice that the District Attorney's Office will or has filed a criminal charge
against participants and their child(ren), if any, served by CONTRACTOR.
xi. Notice that the District Attorney's Office will or has filed a criminal charge
against any staff member of CONTRACTOR.
xii. Use of or possession of a weapon by participants and their child(ren), if
any, served by CONTRACTOR or by CONTRACTOR's staff.
Page 5 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: Program Provisions
xiii. Any phone calls made to 911 or law enforcement.
xiv. Criminal conduct involving CONTRACTOR personnel.
xv. Any other incident outside the realm of normal events that may have an
adverse effect on the client, or the integrity and operation of the program.
xvi.Any event that has a significant possibility of resulting in a claim or lawsuit
against CONTRACTOR that is related to this Agreement.
xvii. Any event that has a possibility of receiving public or media attention.
c. When CONTRACTOR, or an employee or agent of CONTRACTOR, knows or has
reason to believe that a critical incident has occurred or may have occurred,
CONTRACTOR must notify the COUNTY as soon as possible but no later than
twenty-four (24) hours from when the incident occurred. Consistent with federal
and state laws and grant requirements, CONTRACTOR must include the following
information in all incident reports: name and contact information of the submitting
individual; name and email address of the best contact for immediate access to a
CONTRACTOR staff member who can answer questions regarding the incident;
an indication of whether press coverage is likely; an incident description, including
date, time, and location of the incident; the names and job titles of CONTRACTOR
personnel involved in the incident; and a descriptio of any action taken in
response to the incident.
15. CONTRACT REPRESENTATIVES
a. CONTRACTOR designates Brian Loventhal, City Manager, as CONTRACTOR's
representative for the purpose of performing the services as required by this
Contract. Unless otherwise indicated in writing, the above -named person has the
primary authority and responsibility to carry out this Contract.
b. COUNTY designates the Director of Social Services Agency, or designee, as its
representative for the purpose of managing the services performed pursuant to
this Contract.
16. NOTICES
All notices prescribed by this Contract will be in writing and deemed effective if sent
by certified mail or registered mail and properly deposited with the United States
Postal Service, postage 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 1 St Street
Campbell, CA 95008
Page 6 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit A-2: Program Provisions
17. COUNTY'S CONTRACT TRANSITION PROCESS
CONTRACTOR agrees to provide all information deemed necessary by COUNTY for
use in subsequent procurement cycles.
Page 7 of 7
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit B-2: 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
Senior Nutrition Program — Congregate Meals 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 licenses necessary to the performance of
this contract and will ensure that its subcontractors obtain the same. The
CONTRACTOR will pay all normal fees for permits, licenses, inspections or any
other certification or service required in the performance of this contract.
3. ELIGIBLE INDIVIDUALS
Persons who are eligible form Is and services under this contract are those
persons who are 60 ears of a Ider or who are spouses of persons who are
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60 years of age or older. Meals may be made available to disabled individuals who
have not attained 60 years of age but who reside in housing facilities occupied
primarily by the elderly at which congregate nutrition services are provided, or
individuals with disabilities who re` 'de at home with and accompany older
individuals who are eligible r servi_ . Priority will be given to those older persons
in greatest soci d e omic need with particular attention to seniors who are
age 75 or of `cone and/or living alone, as defined by the Older Americans
Act of 196
4. MEALS
a. Meals served''by ONTRACTOR must provide at least one-third (1/3rd) of the
current recommended 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
four (4) 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. CONTRACTOR will only offer single -use items needed
to eat or prevent spillage of the ready -to -eat food and will 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.
Page 1 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit 13-2: 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 's contract.
ii. The relocation or addition changes the service area served by this contract.
iii. The relocation or addition does not serve or give priority to older persons in
the greatest social or economic need as defined by the Older Americans
Act of 1965 as amended.
C. The site must have adequat " ting d ventilation and must meet all
applicable health, fire, safety and sanitation regulations. CONTRACTOR must
obtain current certific s from appropriate public officials indicating the site is
in compliance wCH
and fiV
egulations.
d. CONTRACTOure that a pleasant dining atmosphere is maintained
and that there is uate space for the equipment of participants, such as
canes, crutches nd heelchairs.
e. There will be no architectural barriers which would prevent an eligible individual
from having access to the meal site facility.
f. Innovative services 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
Page 2 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit 13-2: Program Plan & Requirements
to renegotiate this Contract to allow CONTRACTOR to reduce the average
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 Nutrition Site(s) due to unforeseen
circumstances, CONTRACTOR will notify COUNTY immediately and work
collaboratively to reschedule the day(s) that the Nutrition Site(s) was closed.
Should CONTRACTOR close their Nutrition Site(s) due to foreseen
circumstances and not be able to reschedule the day(s) of services,
CONTRACTOR will not be reimbursed for the number of meals allocated to the
serving day(s) that the Nutrition Site(s) was closed. Should CONTRACTOR
open its Nutrition Site(s) on additional day(s) beyond the number of specified
service days, CONTRACTOR will notify COUNTY immediately (within 24
hours) and work collaboratively to silftedule the closure day(s). Should
CONTRACTOR a able to schedule the closure day(s) to COUNTY's
satisfaction, to b determined at COUNTY's sole discretion, CONTRACTOR
will not be reimb ` e or the number of meals that exceed the current fiscal
year budget.
7. ADVISORY COUNCIL
CONTRACTOR will ensure that an election is held to elect a participant to represent
each of its nutrition sites on the countywide program Advisory Council. It will be the
responsibility of the program Advisory Council to advise the COUNTY on policy
matters relating to the delivery of the congregate nutrition services throughout the
COUNTY program area.
8. SUPPORTIVE SERVICES
a. CONTRACTOR will provide supportive services, to the extent that such
services are needed and are not already available from third parties and
accessible to individuals participating in the Congregate Meals Program.
Supportive services 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
Page 3 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit B-2: Program Plan & Requirements
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;
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. COUNTY may request this
information from CONTRACTOR up to once per quarter.
9. FOOD INVENTORY
CONTRACTOR will develop a written plan for conducting food inventories. The plan
will include the procedures for conducting food inventories, identify persons
responsible for conducting the inventory, and set the schedule for completing the
inventories. The plan will also include a description of the "First -in -First Out" food
rotation system that will be used to ensure stored goods are rotated to prevent
deterioration. CONTRACTOR will provide COUNTY with a copy of its food inventory
plan and comp d food inventories, upon request.
10. PEST CONTROL
CONTRACTOR is required to follow the pest control requirements under California
code and in the current Senior Nutrition Program, Congregate Policy & Procedures
Manual. In addition, if a pest issue is identified, COUNTY reserves the right to require
CONTRACTOR to take corrective action to remedy the issue or require any other
action from CONTRACTOR necessary to protect the health and welfare of
participants.
11. DATA COLLECTION AND PRIVACY
a. At intervals prescribed 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.
Page 4 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit 13-2: Program Plan & Requirements
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. Such
equipment is considered Non -Expendable property as described in Section 16
of this Exhibit. CONTRACTOR must comply with requirements as directed by
the COUNTY as outlined in Exhibit E: IT User Responsibility Statement.
C. CONTRACTOR agrees to provide information deemed necessary by COUNTY
such as providing SNP a Budget Justification workbook with line -item budget,
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 CONTRAttt
R, CONTRACTOR must have the participant
complete a registration forh participant's information. Registration forms
must be submitted onlinehe designated COUNTY staff person on an
ongoing basis for new andted registrations.
f. Quarterly Reports with output and outcome data must be turned in with
September, December, Marc nd July invoices. Quarterly Reports must be
prepared on the form provided by the COUNTY. Submission of the Quarterly
Report is required before the corresponding monthly invoice can be paid.
g. Within 30 days of executing this agreement, and annually thereafter if the term
of this agreement is extended, all employees, volunteers, subcontractors, or
agents of CONTRACTOR who handle confidential client information, including
but not limited to registration forms, must complete the information security and
privacy presentation online training provided by the California Department of
Aging (currently available at:
https://www.aging.ca.gov/ProgramsProviders/Information Security and Priv
acy/Presentation/index.html). Upon completion, evidence must be submitted to
COUNTY to provide to Sourcewise.
12. PARTICIPANT CONTRIBUTION PRINCIPLES
a. CONTRACTOR will provide meals to eligible individuals regardless of their
ability to contribute for all or part of their meals. Recipients are requested to
make a financial contribution to offset the cost of the meals. Suggested
contribution for congregate meals is $5.00 per meal. If CONTRACTOR also
provides home delivered meals, the suggested contribution is $5.00 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
Page 5 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit 13-2: Program Plan & Requirements
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.
C. CONTRACTOR may not require a payment from participant for meal received
in the Congregate Meals program.
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
meets the requirements in Section 4 must pay a;_- 5.00 fee and the fee must be
included with the participant contributions a=d returned to the COUNTY.
CONTRACTOR must record the number of volunteer meals served.
CONTRACTOR will be reimbursed for volunteer*hAgals provided.
b. Guest Meals: A guest under the age of 60 may be off red 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 $9.00 or up to the actual
cost of the meal served, as specified in current fiscal year Budget.
CONTRACTOR must record the numbeAg guest meals served and keep guest
fees separate from participant contributions. CONTRACTOR may keep guest
fees received. The cost providing guest meals may not be included in the
quarterly reconciliation.
C. Staff Meals: Nutrition services staff under the age of 60 may receive a meal if
doing so will not deprive an older individual of a meal or add to the cost of
meals prepared. CONTRACTOR must record the number of nutrition services
staff meals served. The cost of providing staff meals may not be included in the
quarterly reconciliation.
14. MANDATORY AT NDANCE AT TRAININGS
CONTRACTOR must have a representative attend every required training and
meeting offered by the COUNTY that is specific to the Senior Nutrition Program.
15. PURCHASES
COUNTY may require CONTRACTOR, by written notice, to obtain approval of
COUNTY for all purchases of food and materials. Approval will not be withheld by
COUNTY except for good cause.
16. NON -EXPENDABLE PROPERTY
Any acquisition by CONTRACTOR of non -expendable property with a retail
purchase price in excess of five -thousand dollars ($5,000.00), that is required by
CONTRACTOR for performance of this Contract, must require prior written approval
of COUNTY. COUNTY will be the legal owner of all equipment that is purchased
with COUNTY funds. COUNTY may take possession of its equipment if it is not being
Page 6 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit 13-2: Program Plan & Requirements
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 s subcontract and justification
for selection of the successful bidder or sub m documentation to support the
use of the sole supplier. Record shall be maintained by CONTRACTOR
showing the parties solicited and the bi submitted.
18. OVERTIME WORK
Overtime work expenditures that are in cu d by the CONTRACTOR will not be paid
by reducing services or meals un er this contract.
19. RESTRICTION OF DISCLOSUR
Any reports, analysis, studies, drawin 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 provided and invoiced each month.
Paper documentation of the number of monthly meals provided includes both
monthly reports, New Client Logs, Guest and Staff meal logs, and daily sign -in sheet
for the meals distributed. Monthly reports are submitted to the COUNTY per section
11(d) above. Sign -in sheets are described in the Senior Nutrition Program policies
and procedures manual and must be submitted to COUNTY monthly. Sign -in sheets
and New Client Logs are verification of the number of meals included on the monthly
reports and the total number of signatures and reported meals must match.
COUNTY will not reimburse for meals reported on the monthly report for which there
is no signature on a sign -in sheet or signatures on the new client log.
Electronic documentation is described in section 11(a) above and includes electronic
meal data collected through the use of a scanning device or entry into a COUNTY -
provided system. Electronic data report may be accepted by COUNTY as back-up
documentation for the monthly report in lieu of a sign -in sheet. COUNTY will not
reimburse for meals reported on the monthly report for which there is no electronic
documentation unless otherwise verified in a manner acceptable to COUNTY, such
as with a new client log.
Page 7of9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit B-2: Program Plan & Requirements
Electronic data also must 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 Sourcewis 'requirements and the Older
Americans Act, Section 315(b)(4). At a minim , 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 relevan Wo the complaint may be released to the
responding party without th Ider individual's consent.
b. CONTRACTOR sh otify older individuals of the grievance process available
to them by:
k-
i. Posting notification of the process in visible and accessible areas, such
as the bulletin boards in multipurpose senior centers or areas in which
there a Osubstantial number of older adults. For individuals who are
non-Eng rsh speaking, the notification shall also be posted in the primary
language of a significant number of older individuals.
ii. Advising homebound older individuals of the process either orally or in
writing upon CONTRACTOR's contact with the individuals.
C. Complaints may involve, but not be limited to, any or all of the following:
i. Amount or duration of a service.
ii. Denial or discontinuance of a service.
iii. Dissatisfaction with the service being provided or with the service
provider. If the complaint involves an issue of professional conduct that is
under the jurisdiction of another entity, such as the California Medical
Page 8 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit B-2: Program Plan & Requirements
Board or the 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, 411 Floor, San Jose, CA 95110.
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 SUBMISSIO
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 ac I nting . by July 3 of current fiscal year.
�i
Page 9 of 9
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
County of Santa Clara FY 2026-27 Exhib
Social Services Agency Master B
Agency Name: City of Campbell
Program: Congregate Meals - Combined Agency Budget
A
B
C
D
Budget
Annual Units
Rate
Total
Per Meal Reimbursement Rate
171430
1 $6.00 11
$1041580.00
Contract Total
IL
$104,580.00
*Match requirement. Contractor must contribute at least $.83 towards the cost of each meal. This match requirement may be met with unrestricted
cash funds or in -kind contributions such as donated food or volunteer staffing. Federal funding may not be used for the match.
County of Santa Clara FY 2026-27 Exhit
Social Services Agency Service Plan & B
Agency Name: City of Campbell
Site: Campbell
A
B
C
D
E
F
Budget
# of
Daily Meals
# of
Serving Days
Annual Units
Rate
Total Contract
Amount**
Per Meal Reimbursement Rate*
70
249
171430
$6.00
$104,580.00
Grand Total
$104,580.00
Weekly Service Plan
Mon
Tues
Weds
Thurs
Fri
Sat
Sun
Service
Days
Service Start
11:30 AM
11:30 AM
11:30 AM
11:30 AM
11:30 AM
N/A
N/A
Service End
12:30 PM
12:30 PM
12:30 PM
12:30 PM
12:30 PM
N/A
N/A
Total Hours
1.00
1.00
1.00
1.00
1 N/A
N/A 5
Site Preparation Type
Catered
Monthly Service Delivery Plan
Jul
Aug
Sep
ONovLL
Dec
Jan
Feb
Mar
Apr
May
Jun
Possible Serving Days
23
21
22
21
23
21
20
23
22
21
22
Unpaid Days Off
0
0
0
eoti
0
0
0
1
0
0
0
Holidays
1
0
1
0
2
2
2
1
0
0
1
0
Actual Serving Days
22
21
21
22
18
21
19
19
22
22
20
22
Budgeted Monthly Meals
(Serving Days x # of Daily Meals
1540
1470
1470
1540
1260
1470
1330
1330
1540
1540
1400
1540
YTD Budgeted Meals**
1540
3010
4480
6020
7280
8750
10080
11410
12950
14490
15890
17430
Total
261
2
10
249
17430
*Only meals provided to eligible participants which meet dietary requirements will be reimbursed. The maximum number of meals reimbursed by the County will not exceed the YTD number of
budgeted meals based on County -approved holiday schedule. Meals provided in a previous month but not reimbursed may be billed in a subsequent month.
**Food costs must equal at least 25% less $.25 of the Total Contract Amount. Meals that are unserved will not be reimbursed.
County of Santa Clara FY 2026-27 Exhib
Social Services Agency St
Agency Name: City of Campbell
Site: Campbell
Provide the following information for each staff member who would be assigned to fulfill the terms of contract.
# Staff Job Title
1
2
3
Activities Staff Person Will Perform
Responsible for overall administration of the CampbC,NP. Prepares program budget and quarterly reports,
Senior Services Supervisorsupervises
Site Manager, and serves as liaison to tty.
Responsible for registration, orders meals, supervises the Site Server, ensures food safety practices are
Site Manager
implemented, and prepares monthly reports.
Site Server
Checks in catered meals, take food temperatures, plates and serves meals, and sanitizes the kitchen.
Santa Clara County
Social Services Agency
Logic Model -
A. Contract Goal:
B. Situation
Lack of food access,
financial instability, and
social isolation are pervasive
issues among the older adult
community. In order to meet
the needs of this community
services need to include
ethnically diverse cuisine
served in locations in
proximity to low-income
neighborhoods, innovative
service models that bring the
food to the people,
transportation options, and
additional safety net
resources. These services
are a vital component to
keeping people healthy and
living independently.
FY 2026-27
Exhibit D-2: Logic Mode
SNP Congregate Meals Agency Name: City of Campbell
Provide nutritious meals, opportunities to socialize, transportation, and resources to older adults across Santa Clara County
tea„
C. Activities/Service
Provide nutritious, hot meals to older
adults age 60+.
The Campbell SNP provides nutritiou
meals, socialization, and activities to
keep seniors active and engaged in
the community.
D1.#of
D2.#of
unduplicated
Outputs
clients/families
per FY
served per FY
120
17,430
D3. Output
Is
120 249 SoAtlization Activity
E. Short/Long Term
Outcome Measures
By June 30, 2027, at least 75% of eligible older adult
congregate meal participants will have participated in at least
one activity offered at the meal site.
Second Amendment to the Contract between the County of Santa Clara and the City of Campbell
Exhibit E: IT User Responsibility Statement
COUNTY INFORMATION TECHNOLOGY USER RESPONSIBILITY STATEMENT FOR
THIRD PARTIES
1. DEFINITIONS
(a) "County Confidential Information" is all material non-public information, written or oral,
disclosed, directly or indirectly, through any means of communication or observation by
County to Contractor or any of its affiliates or representatives
(b) "County Systems" include but are not limited to, all County -owned, leased or managed
servers, mainframe computers, desktop computers, laptop computers, handheld devices
(including smart phones, wireless PDAs and Pocket PCs), equipment, networks,
application systems, databases, software, phone systems, any device with network
capabilities (e.g., a workstation with an attached modem, routers, switches, laptop
computers, handheld devices), and any other system that stores, processes, and/or
transmits County -owned information/data. These items are typically under the direct
control and management of the County. "County ys m Iso include these items
when they are under the control and manage of a service provider for use by
County, as well as any personally -owned d e that an individual has express written
permission to use for County purposes.
(c) "County -owned information/data," for pu' es of WExhibit is any information or data
that is transported across a County network, or hat resides in a County -owned
information system, or on a network or system under the control and management of a
service provider for use by County. This information/data is the exclusive property of
County unless constitutional pr State or Federal statute or case law provide
otherwise. County -owned inf ation/data does not include a User's personal, non -
County business information, communications, data, files and/or software transmitted by
or stored on a personally -owned device if that information/data is not transported across
a County network or does not reside in a County System or on a network or system
under the control Vanortable
gement of a service provider for use by County.
(d) "Mobile Device" is computing device that fits one of the following
categories: laptops, smartphones, or tablets. "Mobile Device" does not include devices
that are used exclusively for the purpose of making telephone calls.
(e) "Users" include all employees, agents and/or representatives of Contractor performing
services under this Agreement.
2. GENERAL REQUIREMENTS
(a) Contractor will provide Users with a written copy of this Exhibit and will ensure that
Users know, understand and comply with the requirements of this Exhibit. In all cases,
such access shall be subject to approval by an authorized County representative.
(b) Contractor is responsible for ensuring its Users know and understand these
requirements, and is responsible for any actions Users take that do not comply with
Contract Exhibit (April 2025 version) Page 1 of 7
Exhibit E: IT User Responsibility Statement
County policies and standards. If Contractor is unclear as to requirements, Contractor
shall ask County for guidance.
(c) If a User is issued an account for a County System, Contractor shall ensure Users
comply with the following County standards for password definition, use, and
management:
(i) Minimum password length is 12 characters unless a particular County System
has a different requirement or is not technically feasible.
(ii) The password must be high complexity (contains one of each, upper, lower,
number, symbol).
(iii) The password must be rotated every 90 days.
(iv) User must not reuse the last 10 passwords.
(v) Access to County System is denied after 5 failed logon attempts.
(d) Only authorized County staff may attach any form of computer equipment to a County
network or system. This includes, but is not limited to, attachment of such devices as
mobile devices, peripherals (e.g., external hard drives, printers), and USB storage
media. It excludes County wireless networks provided specifically for the use of guests
or visitors to County facilities. 1k 4e
(e) Contractor shall ensure Users do not use USB storage media on any County System.
All such devices shall be County -owned, formally issued to Contractor by County, and
used only for legitimate County purposes.
(f) Contractor shall ensure Users do not connect County -owned computing equipment,
including USB storage media, to non -County systems or networks, unless County gives
its express written permissi ,,This formal approval process ensures that the non -
County system or network i uestion has been evaluated for compliance with County
security standards. An exampl a permitted connection to a non -County system or
network would be approve onnection of a County issued laptop to a home network.
(g) Contractor shall e A e `'rs do not install, configure, or use any device intended to
provide connectivity on -County network or system (such as the Internet), on any
County System, without County's express written permission. If authorized to install,
configure or use such a device, Contractor shall require Users to comply with all
applicable County standards designed to ensure the privacy and protection of data, and
the safety and security of County Systems. Any allowed installation shall not be
activated until it is reviewed and approved in writing by an authorized County
representative.
(h) The unauthorized implementation or configuration of encryption, special passwords,
biometric technologies, or any other methods to prevent access to County resources by
those individuals who would otherwise be legitimately authorized to do so is prohibited.
(i) Contractor shall ensure Users do not attempt to elevate or enhance their assigned level
of privileges unless County gives its express written permission. Contractor shall ensure
Contract Exhibit (April 2025 version) Page 2 of 7
Exhibit E: IT User Responsibility Statement
Users who have been granted enhanced privileges due to their specific roles, such as
system or network administrators, do not abuse these privileges and shall use such
privileges only in the performance of appropriate, services performed under this
Agreement.
(j) Contractor shall ensure Users use County -approved authentication mechanisms when
accessing County networks and systems, and shall not deactivate, disable, disrupt, or
bypass (or attempt to deactivate, disable, disrupt, or bypass) any security measure or
security configuration implemented by County.
(k) Contractor shall ensure Users do not circumvent, or attempt to circumvent, legal
guidelines on software use and licensing. If Contractor is unclear as to whether a
software program may be legitimately copied or installed, it is the responsibility of the
Contractor to check with County.
(1) All software on County Systems shall be installed by,.#pttorized County staff except as
provided in this Agreement. Contractor shall ensu sets do not download or install
software on any County system unless express written permission has been obtained
from County such as in this Agreement.
(m) Contractor shall immediately report to the County TechLink Center the loss or theft of
County -owned computer equipment,"", LDersonally -owned computer equipment that
has been approved for use in conduc g ty business or performing services under
a Supplemental Agreement. The Countervice Desk contact information is (408) 970-
2222 or support@tss.sccqgay.orq.
(n) Contractor shall ensure Users are away security issues and shall immediately report
incidents to the County Information Security Office involving breaches of the security of
County Systems or breaches of County -owned information/data, such as the installation
of an unauthorized device, = r a s spected software virus or other occurrences of
malicious software or content. The Information Security Office's contact information is
cybersecurityteam(a-).is_o.sccgov.orc.
(o) Contractor shall ensure Users respect the sensitivity, privacy and confidentiality aspects
of all County -owned information. In particular, Contractor shall ensure Users:
(i) Do not access, or attempt to access, County Systems or County -owned
information/data unless specifically authorized to do so by the terms of this
Agreement.
(ii) If User is assigned a County account, not allow unauthorized individuals to use
their account; this includes the sharing of account passwords.
(iii) Do not, without County's written permission, use or disclose County -owned
information/data other than in the performance of its obligations under this
Agreement.
Contract Exhibit (April 2025 version) Page 3 of 7
Exhibit E: IT User Responsibility Statement
(iv) Take every precaution to ensure that all confidential or restricted information is
protected from disclosure to unauthorized individuals.
(v) Do not make or store paper or electronic copies of information unless required to
provide services under this Agreement.
(vi) Comply with all confidentiality requirements in Contractor's Agreement with the
County. Users shall not use or disclose County Confidential Information other than
in the performance of its obligations for County. All County Confidential
Information shall remain the property of the County. User shall not acquire any
ownership interest in County Confidential Information.
(p) Contractor shall ensure Users do all of the following:
(i) Not change or delete County -owned information/data unless performing such
changes is required to perform services under this Agreement.
(ii) Avoid actions that might introduce ma;edgireement,
software, such as viruses or worms,
onto any County system or network.
(iii) Upon termination or expiration of this not retain, give away, or remove
any County -owned information/ ata or do ent from any County System or
County premises, and return to ty all C ty-owned assets, including
hardware and data.
(q) Electronic information transported across any County network, or residing in any County
System, is potentially subject to access biwounty technical support staff, other County
personnel, and the general public. User should not presume any level of privacy for
data transmitted over a County network or stored on a County System.
(r) Contractor shall ensure Users protect, respect and not infringe upon all intellectual
property rights, including but not limited to rights associated with patents, copyrights,
trademarks, trade secrets, proprietary information, County Confidential Information, and
confidential information belonging to any other third party.
(s) All information resources on any County System are the property of County and are
therefore subject to County policies regarding acceptable use. Contractor shall ensure
Users do not use any County System or County -owned information/data for the following
purposes:
(i) Personal profit, including commercial solicitation or conducting or pursuing their
own business interests or those of another organization that are not related to the
User conducting County business. This prohibition does not apply to Contractor's
performance of contractual obligations for the County.
(ii) Unlawful or illegal activities, including downloading licensed material without
authorization, or downloading copyrighted material from the Internet without the
publisher's permission.
Contract Exhibit (April 2025 version) Page 4 of 7
Exhibit E: IT User Responsibility Statement
(iii) To access, create, transmit, print, download or solicit material that is, or may be
construed to be, harassing or demeaning toward any individual or group for any
reason, including but not limited to on the basis of sex, age, race, color, national
origin, creed, disability, political beliefs, organizational affiliation, or sexual
orientation, unless doing so is legally permissible and necessary in the course of
conducting County business.
(iv) To access, create, transmit, print, download or solicit sexually -oriented messages
or images, or other potentially offensive materials such as, but not limited to,
violence, unless doing so is legally permissible and necessary in the course of
conducting County business.
(v) Knowingly propagating or downloading viruses or other malicious software.
(vi) Disseminating hoaxes, chain letters, or advertisements.
3. INTERNET AND EMAIL
(a) Contractor shall ensure Users do not use County Systems for personal activities.
(b) When conducting County business or performing services under this Agreement,
Contractor shall ensure Users do not onfigure, access, use, or participate in any
Internet -based communication or da hange service unless express written
permission has been given by County`` uch serves include, but are not limited to, file
sharing (such as Dropbox, Box, Goog lJoDneDrive), Instant Messaging (such as AOL
IM), email services (such as Hotmail and Gmail), peer -to -peer networking services (such
as Kazaa), and social networkiriaLservicigosuch as blogs, Instagram, Snapchat,
MySpace, Facebook and Twi ). If Contractor has received express written permission
from County to access such services, User shall comply with all relevant County policies,
procedures, and guidelines.
(c) Contractor shall ensure Users assigned a County email account comply with the
County's Records Retention and Destruction Policy.
(d) Contractor shall ensure Users do not use an internal County email account assigned to
another individual to either send or receive email messages.
(e) Contractor shall ensure Users do not configure a County email account so that it
automatically forwards messages to an external Internet email system unless County
gives its express written permission.
4. REMOTE ACCESS
(a) Users are not permitted to implement, configure, or use any remote access mechanism
unless the County has authorized the remote access mechanism.
(b) County may monitor and/or record remote access sessions, and complete information
on the session logged and archived. Users have no right, or expectation, of privacy
Contract Exhibit (April 2025 version) Page 5 of 7
Exhibit E: IT User Responsibility Statement
when remotely accessing County Systems or County -owned information/data. County
may use audit tools to create detailed records of all remote access attempts and remote
access sessions, including User identifier, date, and time of each access attempt.
(c) Contractor shall configure all computer devices used to access County resources from a
remote location according to NIST 800-53 standards, or an equivalent industry standard,
These include approved, installed, active, and current: anti -virus software, software or
hardware -based firewall, full hard drive encryption, and any other security software or
security -related system configurations that are required and approved by County.
(d) Contractor shall ensure that Users who have been provided with a County -owned device
intended for remote access use, such as a laptop or other Mobile Device, shall ensure
that the device is protected from damage, access by third parties, loss, or theft. Users
shall immediately report loss or theft of such devices to the County Service Desk: (408)
970-2222 or support(a_),tss.sccgov.orq.
(e) Contractor shall ensure Users protect the integrity of County Systems and County -
owned information/data while remotely accessing County resources, and shall
immediately report any suspected security incident or concern he County Information
Security Office at cybersecurit ty eamCc�iso.sccgov.orc,.
(f) Contractor shall ensure Users compi any additional remote access requirements in
this Agreement such as an Exhibit on em e'Access.
5. THIRD PARTY -OWNED DEVICES
(a) This Section 5 applies if County permits A
ers to perform services under this
Agreement with devices not owned by County ("Third -party owned device"). Third -
party owned devices ind de devices with email and/or data storage capability (such as
AM
laptops, iPhones, iPads, 2200wiroid phones and tablets, BlackBerry and other "smart"
devices).
(b) The third party -ow deI in question shall use existing, County -approved and
County -owned access/authentication systems when accessing County Systems.
(c) Contractor shall allow County to configure third party -owned devices as appropriate to
meet security requirements, including the installation of specific security software
mandated by County policy.
(d) Use of a third party -owned device shall comply with County policies and procedures for
ensuring that software updates and patches are applied to the device according to a
regular, periodic schedule on at least a monthly basis. County may verify software
installations and updates.
(e) Users have no expectation of privacy with respect to any County -owned
communications, information, or files on any third party -owned device. Contractor
agrees that, upon request, the County may immediately access any and all work -related
Contract Exhibit (April 2025 version) Page 6 of 7
Exhibit E: IT User Responsibility Statement
or County -owned information/ data stored on any third party -owned device, in order to
ensure compliance with County policies.
(f) Contractor shall ensure Users adhere to all relevant County security policies and
standards, just as if the third party -owned device were County property. This includes,
but is not limited to, policies regarding password construction and management, physical
security of the device, device configuration including full storage encryption, and hard
drive and/or storage sanitization prior to disposal.
(g) Contractor shall ensure Users do not make modifications of any kind to operating system
configurations implemented by County on the device for security purposes, or to any
hardware or software installed on the device by County.
(h) Contractor shall ensure Users treat the contract -related or County -owned
communications, information or files the third -party owned device contains as County
property. Contractor shall not allow access to or use Qf an work -related or County -
owned communications, information, or files by individual o have not been
authorized by County to access or use that data.
(i) Contractor shall report immediately to the County Information Security Office
cybersecurityteam _iso.sccgov.org, any incident or suspected incident of unauthorized
access and/or disclosure of County resources, data, or networks that involve the third -
party owned device, and shall report the to . or theft of the device immediately to the
County Service Desk: (408) 970-2222 or support@tss.sccgov.org.
Contract Exhibit (April 2025 version) Page 7 of 7