Contract 570898 San Marcos — San Marcos City Council, March 26, 2024 (part 1 of 2)

COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM
This agreement ("Agreemenf') is made and entered into effective as of the date of the last signature on the signature page by and between the County of San Diego, a political subdivision of the State of California ("County") and the City of San Marcos, a government agency, located at I Civic Center Drive, San Marcos, CA 92069 ("Contractor 1 t with reference to the following facts:

RECITALS
A. The County, by action of the Board of Supervisors Minute Order No. 3 March 15, 2022 authorized the Director of Purchasing and Contracting, to award a contract for Older Californians Nutrition Program.

B. Contractor is specially trained and possesses certain skills, experience, education, and competency to perform these setVices.

C. The Chief Administrative Officer made a determination that Contractor can perform the seivices more economically and efficiently than the County, pursuant to section 703.10 of the County Charter.

D. The Agreement shall consist of this document, Exhibit A Statement of \Vork, Exhibit A-I Contractor's Proposal, Exhibit B Insurance Requirements, and Exhibit C Payment Schedule. In the event of a conflict between any provisions of this Agreement, the following order of precedence shall govern: First (1st) this document; Second (2nd) Exhibit B; Third (3rd) Exhibit A; Fourth (4th) Exhibit C; and fifth (5th) Exhibit A-1.

NO\V THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1

PERFORMANCE OF WORK

1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, fornish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transpo11ation, training, facilities, and all other means whatsoever, except as lrerein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement.

1.2 Contractor's Representative. The person identified on the signature page ("Contractor's Representative") shall ensure that Contractor's duties under this Agreement shall be performed on behalf of the Contractor by qualified personnel; Contractor represents and warrants that (I) Contractor has fulfilled all applicable requirements of the laws of the State of California to perform the services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder. Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this Agreement are unique: acco_rdingly, Contractor's Representative shall not be changed during the Term of the Agreement without County's written consent. County reserves the right'to terminate this Agreement pursuant to section 7.1 "Termination for Default" if Contractor's Representative should leave Contractor's employ, or if, in County's judgment, the work hereunder is not being performed by Contractor's Representative.

1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent contractor, and neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County. Contractor shall perform its obligations under this Agreement according to the Contractor's own means and methods of work, which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. County hereby delegates to Contractor any and all responsibility for the safety of Contractor's employees, which shall include inspection of property to identif)' potential hazards. Neither Contractor nor Contractor's employees or subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers' compensation benefits and injury leave. 1 .4 Contractor's Agents and Employees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents, employees, subcontractors, and consultants required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee, subcontractor, or consultant shall be at Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees subcontractors, or consultants; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any such claim.

In the event any subcontractor or consultant is utilized by Contractor for any portion of the project, Contractor retains the prime responsibility for canying out all the terms of this Agreement, including the responsibility for performance and ensuring the availability and retention of records of subcontractors and consultants in accordance with this Agreement.

1.4.1 "Related Subcontract" means an agreement to furnish, or the furnishing of, supplies, materials, equipment, or se1vices of any kind to Contractor or any higher tier subcontractor in the performance of some or all of the work in this Agreement. Related Subcontracts includes consultant agreements, which are defined as agreements for services Contract: 570898·00 Pag, I of 106 Srnicts Trmplatr: 1·c,• 10/1/2022 \'SA COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM
rendered, or the rendering of services, by persons who are members of a particular profession or possess as special skill and who are not officers or employees of the Contractor. Examples include those services acquired by Contractor or a subcontractor in order to enhance their legal, economic, financial, or technical positions. Professional and consultant se1vices are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training, or direct assistance, such as studies, analyses, evaluations, liaison with government officials, or other forms or representation. Related Subcontracts shall not include agreements for ancillary goods or services, or consulting services intended to support Contractor in a general manner not specific to the work performed under this Agreement. "Related Subcontractor" means an individual or entity holding or performing a Related Subcontract.

1.4.2 Required Subcontract Provisions: Contractor shall notify all Related Subcontractors of Contractor's relationship to County. Contractor shall include in its Related Subcontracts and require Related Subcontractors' compliance with the provisions of Articles 3, 7, 8, 9, I 0, 11, 13, 14 and 16, and section 4.6.1 of A11icle 4, hereunder except altered as necessary for proper identification of the contracting parties.

1.4.3 Contractor shall provide COR with copies of all Related Subcontracts entered into by Contractor within thirty (30) days after the effective date of the Related Subcontract, or within thirty (30) days of the effective date of this Agreement if such Related Subcontract is already in existence at that time.

1.4.4 County Approval: Any Related Subcontract that is in excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or a combination of Related Subcontracts to the same individual or firm for the Agreement period, the aggregate of which exceeds fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or any Related Subcontract for professional medical or mental health se1vices, regardless of value, must have prior concurrence of the COR. •

1.5 Offshore Prohibition. Except where Contractor obtains the County's prior written approval, Contractor shall perform the work of this Agreement only from or at locations within the United States. Any County approval for the performance of work outside of the United States shall be limited to the specific instance and scope of such written approval, including the types of work and locations involved. Notwithstanding the foregoing, this section shall not restrict the country or countries of origin of any assets purchased to provide the work hereunder; provided that when such assets are used to provide the work, such assets shall be used only from or at locations within the geographic boundaries of the United States.

1.6 DVB Participation. If this Agreement resulted from a solicitation containing Disabled Veteran Business ("DVB") requirements and forms, such requirements and Contractor's submitted forms are incorporated herein by reference to the extent not included as an Exhibit to this Agreement. Contractor shall make all commercially reasonable efforts to comply with all such DVB requirements, including meeting the DVB Percent of Utilization on Contractor's DVB Subcontractor Pai1icipation Plan.

Contractor shall maintain a rate of DVB utilization throughout the term of this Agreement that is reasonably in alignment with the progress of the Agreement (e.g., term, utilization, deliverables). Contractor shall provide to County, upon request, documentation sufficient to verify Contractor's compliance with such i'equirements.

If in County's determination, Contractor is not in compliance with all DVB requirements, County may take corrective action, which may include (i) requiring Contractor to submit a corrective action plan acceptable to County detailing actions the Contractor will take to fulfill its DVB requirements and/or (ii) withholding of payments to Contractor equivalent to the amount of DVB underutilization. Such corrective actions shall be in addition to any other remedies the County may have under this Agreement or at law or equity.

1.7 Preferred Vendor. If this Agreement resulted from a solicitation where Contractor claimed Preferred Vendor status in its response per section 405 of the San Diego County Administrative Code, Contractor shall perform a commercially useful function (as that term is defined in California Military and Veterans Code§ 999 or successor statute) throughout the term of this Agreement.

ARTICLE2

SCOPE OF WORK

2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit A to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County.

2.1.1 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed to show the effectiveness and/or efficiency of Contractor se1vices or to provide information about Contractor's project.

2.1.2 Health Insurance. If Contractor provides direct services to the public under this Agreement, Contractor shall ask if clients and any minor(s) for whom clients are responsible have health insurance coverage. If the response is "no" for client or minor(s) the Contractor shall refer the client to Covered California at https://www.coveredca.com/ or to 1- 800-300-1506.

Conlrncl: 570898-00 Pagt 2 of 106 Strvicts Ttmplale: rev 10/1/2022 vS.4 COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

2.2 Right to Acquire Equipment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest.

2.3 Responsibility for Equipment. County shall not be responsible nor be held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor's employees, even though such equipment may be furnished, rented, or loaned to Contractor by County. The acceptance or use of any such equipment by Contractor or Contractor's employees shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify, and hold harmless County from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage be to the employee or property of Contractor, other Contractors, County, or other persons. Equipment includes, but is not limited to material, computer hardware and software, tools, or other things.

2.3.1 Contractor shall repair or replace, at Contractor's expense, all County equipment or fixed assets that are damaged or lost as a result of Contractor negligence.

2.4 Non-Expendable Property Acquisition. County retains title to all non-expendable property provided to Contractor by County, or which Contractor may acquire with funds from this Agreement if payment is on a cost reimbursement basis, including property acquired by lease purchase Agreement. Contractor may not expend funds under this Agreement for the acquisition of non-expendable property having a unit cost of$5,000 or more and a normal life expectancy of more than one year without the prior written approval of COR. Contractor shall maintain an inventory of non-expendable equipment, including dates of purchase and disposition of the property. Inventory records on non-expendable equipment shall be retained, and shall be made available to the County upon request, for at least three years following date of disposition. Non-expendable property that has value at the end of the Agreement ( e.g. has not been depreciated so that its value is zero), and to which the County may retain title under this paragraph, shall be disposed of at the end of the Agreement as follows: At County's option, it may:

I) have Contractor deliver to another County contractor or have another County contractor pick up the non-expendable property; 2) allow Contractor to retain the non-expendable property provided that Contractor submits to the County a written statement in the format directed by the County of how the non-expendable property will be used for the public good; or 3) direct the Contractor to return to the County the non-expendable property.

3.1 General Obligations.

ARTICLE3

DISENTANGLEMENT
Upon the expiration or termination of all or a potiion of the services provided hereunder ("Transitioning Services,i'), the County may elect to have such se1vices, substantially similar services, or follow-on setvices ("Disentangled Services") performed by County or one or more separate contractors ("Replacement Provider"). Contractor shall take all actions necessary to accomplish a complete and timely transition of the Disentangled Services ("Disentanglement") without any material impact on the services. Contractor shall cooperate with County and otherwise take all steps reasonably required to assist County in effecting a complete and timely Disentanglement. Contractor shall provide Replacement Provider with all information regarding the services and any other information needed for Disentanglement.

Contractor shall provide for the prompt and orderly conclusion of all work required under this Agreement, as County may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly Disentanglement.

3.2 Disentanglement Process.

Contractor and County shall discuss in good faith a plan for Contractor's Disentanglement that shall not lessen in any respect Contractor's Disentanglement obligations.

If County requires the provision of Transitioning Services after expiration or termination of the Agreement or Disentanglement work not otherwise required under this Agreement, for which additional compensation will be due, such services shall be compensated at: (i) the applicable rates in Agreement or a reasonable pro-rata of those prices, or (ii) if no applicable rates apply, no more than Contractor's costs. Such work must be approved in writing by County approval of a written Disentanglement plan or separately in writing and is subject to the Compensation clause on the signature page.

Contractor's obligation to provide Disentanglement services shall not cease until all Disentanglement obligations are completed to County's reasonable satisfaction, including the performance by Contractor of all Specific Obligations of Contractor. County shall not require Contractor to perform Transitioning Se1vices beyond 12 months after expiration or termination, provided that Contractor meets all Disentanglement obligations and other obligations under Agreement.

3.3 Specific Obligations.

The Disentanglement shall include the performance of the following specific obligations ("Specific Obligations!>):
3 .3. I No Interruption or Adverse Impact
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AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM
Contractor shall cooperate with County and Replacement Provider to ensure a smooth Disentanglement, with no interruption of or adverse impact to Disentangled Services, Transitioning Se1vices, other work required under the Agreement, or services provided by third parties.

3.3.2 Client Authorizations.

Contractor shall obtain from clients se1ved by Contractor all client consents or authorizations legally necessaiy to transfer client data to Replacement Provider.

3.3.3 Leases, Licenses, and Third-Party Agreements.

Contractor shall procure at no charge to County all authorizations necessary to grant Replacement Provider the use and benefit of any third-party agreements pending their conveyance or assignment to Replacement Provider.

Contractor, at its expense, shall convey or assign to Replacement Provider leases, licenses, and other third-party agreements procured under this Agreement, subject to written approval of the Replacement Provider (and County, if Replacement Provider is other than County).

Without limiting any other provision of this Agreement, Contractor shall reimburse County for any losses resulting from Contractor's failure to comply with any terms of any third-party agreements prior to the date of conveyance or assignment.

3.3.4 Return, Transfer, and Removal of Assets.

Contractor shall return to County all County assets in Contractor's possession, pursuant to section 2.4 of this Agreement.

County shall be entitled to purchase at net book value Contractor assets used primarily for the provision of Disentangled Se1vices to or for County, other than those assets expressly identified as not being subject to this provision. Contractor shall promptly remove from County's site any Contractor assets that County, or its designee, chooses not to purchase under this provision.

3.3.5 Delivery of Documentation.

Notwithstanding section 13.5 of this Agreement, and without limiting Contractor's obligations thereunder, Contractor shall deliver to Replacement Provider (and/or County, if Replacement Provider is other than County), all documentation and data necessaiy for Disentanglement.

ARTICLE4

COMPENSATION
County will pay Contractor in accordance with Exhibit C Payment Schedule and this Article 4, for the work specified in Exhibit A Statement of Work (SOW), not to exceed the maximum compensation as set forth on signature page. Contractor shall employ and maintain an accounting and financial system to effectively monitor and control costs and assure accurate invoicing and performance under this Agreement.

4.1 General Principles. Contractor shall comply with generally accepted accounting principles, good business practices, San Diego County Code of Administrative Ordinances section 472, and the cost principles published by the federal Office of Management and Budget (0MB), including 2 CFR 200 -UNIFORM ADMTNJSTRA TIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance," which can be viewed at https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Tit1e02/2cfr200 main 02.tpl. Contractor shall comply with all applicable federal, State, and other funding source requirements. Contractor shall, at its own expense, furnish all cost items associated with this Agreement except as specifically stated herein to be furnished by County.

4.1.1 Fiscal Year. The County's fiscal year runs from July I through June 30 ("County Fiscal Year").

4.1.2 Cost Allocation Plan. Contractor shall submit annually to the County a cost allocation plan in accordance with The Uniform Guidance.

4.1.3 Agreement Budget. The COR may make Administrative Adjustments to the budget as long as the total budget does not exceed the compensation specified on the Signature Page.

4.2 Compensation. For cost-reimbursement Services, the County will reimburse the actual allowable, allocable, 11ecessa1y, and reasonable costs incurred in accordance with this Agreement (including the established budget), generally accepted accounting principles, good business practices, and the cost principles published by the federal Office of Management and Budget (0MB) ("Allowable Costs"). Where non-cost-reimbursement work (fixed price, labor hour, time and materials, etc.) is also provided for in this Agreement, Contractor shall be entitled to compensation as set forth below:

4.2.1 Contractor shall be entitled to compensation only upon completion and acceptance of a deliverable or portion of work as described in the Payment Schedule ("Services"). Se1vices shall include any additional or as-needed services Conlrncl: 570898-00 Page 4 of 106 SeITices Ttmplalc: rt\' 10/1/2022 v5.4 COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM
specified in the SOW and Pricing Schedule and pre-approved in writing by COR or authorized by County task order issued in accordance with this Agreement ("As-Needed Services").

4.2.1.1 4.2.1.2

4.3 Invoices.

Contractor shall be entitled to reimbursement for incidental expenses associated with any such portions of the work only when specifically allowed for in the SOW and Pricing Schedule ("Reimbursable Expenses"), and only upon completion and acceptance of the Setvices for which they were incurred unless earlier reimbursement is otherwise authorized under this Agreement. Compensation for Reimbursable Expenses shall be at cost.
\Vhere travel, lodging, or meal expenses ("Travel Expensesn) are allowable Reimbursable Expenses, rates must not exceed County-authorized rates set forth in San Diego County Administrative Code section 472.

Should Contractor incur Travel Expenses greater than the County-authorized rates, Contractor shall not be entitled to reimbursement for the difference between the County-authorized rate for each category and the actual cost.

4.3. l Contractor shall invoice monthly for completed and accepted Se1vices performed in the prior month.

4.3.2 Contractor shall submit invoices to the COR that are completed and submitted in accordance with written COR instructions and are in compliance with all Agreement terms.

4.3.2.1 Contractor shall provide accurate invoices with sufficient detail and supporting documentation for County verification. Invoices must reference the Agreement number (and task order, if applicable), contain a detailed listing of each deliverable or portion of work, including the pay point, target, accomplishment, unit price, percentage completion, and appropriate calculations where applicable. Invoices must include a progress report documenting the status and accomplishments of Contractor.

4.3.2.2 Contractor invoices shall include the following language:

I certify, under penalty of pe1jury under the laws of the State of California, that the deliverables and/or services invoiced were delivered and/or performed specifically for this Agreement in accordance with and compliance to all terms and conditions set forth therein.

4.3.3 Contractor requests for payment of authorized Reimbursable Expenses must be included in the invoice for the associated Services, unless previously invoiced in accordance with this Agreement.

4.3.4 Contractor invoices for Allowable Costs must be complete, containing all claimed costs for the invoiced period of performance, unless authorized in writing by COR, previously invoiced in accordance with Agreement, or otherwise specifically allowed for in this Agreement.

4.3.5 Final Fiscal Year-End Settlements. Contractor shall submit the final invoice for Services performed during each County Fiscal Year no later than the settlement date established by COR or each department, but in no event later than 60 calendar days from (i) the end of each County Fiscal Year or (ii) the expiration or termination of this Agreement. County may, in its sole discretion, choose to not process invoices for reimbursement for se1vices performed during that County Fiscal Year after this date.

4.4 Payments. Contractor shall be entitled to payment only upon County approval of a correct and substantiated invoice. Payment terms are, unless othenvise specified by County, thirty (30) days from the later of: (i) performance of work under the Agreement entitling Contractor to payment, (ii) County receipt of a correct and substantiated invoice, and (iii) County receipt of all substantiating information. The County at its sole discretion may issue partial payment where only a portion of an invoice is correct and substantiated. Payment shall be deemed to have been made on the date that County submits electronic payment or mails a warrant or check. The County is precluded from making payments prior to receipt of services (advance payments).

4.5 Full Compensation. The compensation set forth in this Agreement shall constitute the full and complete payment for Contractor's performance of the services set forth herein. Contractor shall not be entitled to any additional payment for services rendered. Contractor shall not be entitled to any compensation, reimbursement, ancillmy benefits, or other consideration for services rendered beyond that specified in Agreement.

4.6 Prompt Payment for Vendors and Subcontractors

4.6.1 Unless otherwise set forth in this section 4.6, Contractor shall promptly pay Related Subcontractors for satisfactory performance of work required by this Agreement. Such prompt payment shall be no later than thirty (30) days after Contractor receives payment for such services from County, and Contractor shall apply such payments to the payment of the Related Subcontractor(s) that performed the work.

4.6.2 If Contractor determines that any payment othenvise due such Related Subcontractor is subject to withholding in accordance with a Related Subcontract, Contractor shall:

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AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

4.6.2, I Provide written notice to the Related Subcontractor and COR within three (3) business days of such withholding stating the amount to be withheld, the basis for the withholding, and, if applicable, the cure required of the Related Subcontractor in order to receive payment of the amounts withheld; and

4.6.2.2 Reduce the Related Subcontractor's payment by an amount not to exceed the amount specified in the notice furnished under paragraph 4.6.2.1 above.

4.6.3 Contractor shall not include in any invoice to the County amounts that the Contractor has withheld or intends to withhold from a Related Subcontractor for failure to satisfactorily perform work in a manner required by this Agreement. If such withholding determination is made after submitting an invoice to the County, Contractor shall submit to County a revised invoice omitting or crediting such amount. Contractor shall not include such amounts in any subsequent invoices unless the Related Subcontractor has cured the basis for withholding.

4. 7 Partial Payment. Contractor shall be paid only for work performed in accordance with this Agreement. If Contractor fails to perform a portion of the work or fails to perform some or all of the work in accordance with this Agreement, County, at its sole discretion, may provide partial payment to Contractor to reflect the reasonable value of work properly performed.

4.8 \Vithholding of Payment. \Vithout limiting any other provision of this Agreement, County may withhold payment, in whole or in part, if any of the following exist:

4.8. l Missing Information. Contractor has not provided to County any reports, data, audits, or other information required for Agreement administration, for reporting or auditing purposes, or by State, federal, or other funding source.

4.8.2 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation of a substantial and material nature with respect to any information furnished to County

4.8,3 Unauthorized Actions by Contractor. Contractor took any action under this Agreement that required County approval without having first received such approval.

4.8.4 Breach. In the County's determination, Contractor is, or at the time of performance was, in breach of any of the terms of this Agreement.

4.8.5 \Vage Theft. Contractor has a judgment rendered against it by the California Division of Labor Standards Enforcement (DLSE), other state labor compliance body, or the United States Department of Labor that is unsatisfied. In such event, County may withhold payment from Contractor in the amount of such unsatisfied judgment until such judgment has been discharged.

4.9 Disallowance. County may disallow payment at any time if it determines that the basis for the payment is or was not eligible for compensation under this Agreement. If County makes payment to Contractor that is later disallowed by the County, State or federal government, or other funding source, County shall be entitled to prompt recovery of funds in accordance with Article 12.

4.10 Maximum Price. During the performance period of this Agreement, the maximum price for the same or similar items and/or services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored customer.

4. l l Overpayments. If Contractor becomes aware of a duplicate contract financing or invoice payment or that County has otherwise overpaid on a contract financing or invoice payment, Contractor shall immediately notify the COR and County shall be entitled to prompt recovery of funds in accordance with Article 12.

4.12 Availability of Funding. The County's obligation for payment under this Agreement is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County shall arise for payment beyond the end of the County Fiscal Year for which funds are designated by the County. In the event that federal, State, or County funding ceases or is reduced, the County shall, in its sole discretion and without limiting any other provision of this Agreement, have the right to terminate or suspend this Agreement) or to reduce compensation and se1vice levels proportionately.

4. 13 Rate of Expense. Contractor shall control its rate of expense throughout the term of this Agreement such that it is reasonably in alignment with the progress of the Agreement, inclusive of term, achievement towards objectives, anticipated revenue, deliverables, and other applicable factors. Contractor shall provide to County, upon request, documentation sufficient to verify Contractor's compliance with such requirements.

4.13. l Contractor shall promptly inform the COR if its rate of expense exceeds, or is anticipated to exceed, the progress of this Agreement or would result in expenses that exceed the maximum Agreement amount or budget. In no event, however, shall Contractor's invoiced amounts exceed the maximum Agreement amount or budget.

4.13.2 If the Agreement term, Initial Term, or any Option Period originates in one County Fiscal Year and ends in another County Fiscal Year, Contractor shall not exceed the amounts reasonably allocated to each of the County Fiscal Years based on the monthly budget or other rate of expense.

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AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

4.14 Revenue Sources. Federal or other funding source amounts listed in the Agreement or the budget are preliminary estimates and shall not limit the County's use of specific funding sources that vary from the preliminary estimates, provided that such payments do not exceed the total Agreement amount.

4.15 Program Income. Program Income as defined in 2 CFR §200.1 shall be administered in accordance with 2 CFR §200.307 and shall be reported at the end of the Initial Term of the Agreement and each Option Period. All use of Program Income requires written County approval.

4.15.1 Unless otherwise required by federal, State, or other funding source requirements, Program Income earned after the period of performance of this Agreement shall be utilized in support of the same or similar goals and objectives, preferably under an agreement between County and Contractor.

4.16 Incentive/Bonus/Performance Payments. Contractor shall not use any funds paid under this Agreement for employee incentive or bonus programs or structures, for employees at any level, unless such payments are within Contractor's normal compensation policy and are based upon objective measurements of performance that include compliant and ethical conduct.

Contractor agrees to provide information to the County on the formula or criteria used to calculate such payments upon request.

ARTICLES

AGREEMENT ADMINISTRATION
5 .1 The Director of the Department of Purchasing and Contracting or designated Department of Purchasing and Contracting official is the contracting officer for this Agreement ("Contracting Officer").

5.2 County's Agreement Administrator. The County has designated the individual identified on the signature page as the Contracting Officer's Representative ("COR"), The COR will coordinate the County's administration of this Agreement.

5.2.l The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required.

5.2.2 The COR is not authorized to make Changes to this Agreement, except for administrative adjustments, such as line item budget changes or adjustments to the service requirements. that do not change the purpose or intent of the Statement of\Vork, the Terms and Conditions, the Agreement Term, or the total Agreement price ("Administrative Adjustments"). Each Administrative Adjustment shall be in writing and signed by COR and Contractor.

5.3 Agreement Progress Meeting. The COR and other County personnel) as appropriate, will meet periodically with the Contractor to review the Agreement performance, with the COR serving as meeting chair. At these meetings the COR will apprise the Contractor of how the County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COR and the Contractor. Should the Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement within IO days.

Appropriate action will be taken to resolve any areas of disagreement.

ARTICLE 6

CHANGES

6.1 Changes. Changes to this Agreement may only be made by Administrative Adjustment, Change Order, or amendment, in accordance with this Article 6. No other modification of this Agreement shall be valid.

6.1.1 Administrative Adjustment. Changes that do not change the purpose or intent of the Statement of \Vork, the Terms and Conditions, the Agreement Term, or the total Agreement price of the Agreement, such as line-item budget changes or adjustments to the service requirements, ("Administrative Adjustments") may be made if in writing and signed by COR and Contractor

6.1.2 Change Order. The County may at any time, by written order, make Changes within the general scope of this Agreement ("Change Order"). If any Change Order causes an increase or decrease in the cost or time required for the performance of the work under this Agreement, an equitable adjustment shall be made to the price, delivery schedule, or both.

6.1.2.1 Contract: 570898-00
Contractor must assert any claim for equitable adjustment within thirty (30) days from the date of receipt by the Contractor of the Change Order; however, the Contracting Officer may receive and act upon any such claim asserted at any time prior to final payment under this Agreement where the facts justify such action. \Vhere the cost of property made obsolete or excess as a result of a Change Order is included in the Contractor's claim for equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any equitable adjustment shall be a dispute concerning a question of fact within the meaning of Article 15 "Disputes". However, nothing in this section shall excuse the Contractor from proceeding with this Agreement as changed.

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COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

6.1.3 Amendment. The County and Contractor may modify this Agreement by written amendment signed by the Contracting Officer and Contractor.

ARTICLE?

SUSPENSION, DELAY, AND TERMINATION

7. I Termination for Default. In the event of Contractor's breach of this Agreement) County shall have the right to terminate this Agreement in whole or in part.

7.1.2 Prior to termination for default, Contracting Officer will send Contractor written notice specifying the default. Contractor shall have ten ( 10) days from issuance (unless a different time is given in the notice) to respond to the notice as directed by County to acknowledge the default or show cause as to why Contractor is not in default. Such notice may provide Contractor the opportunity to cure the default or to demonstrate progress towards curing the default. If Contractor fails to respond, or if Contractor's response is not satisfactory to the County, County may terminate this Agreement for default upon written notice from Contracting Officer.
7 .1.3 If County determines that the default contributes to the curtailment of an essential service; poses an immediate threat to life, health, or property; or constitutes fraud or other serious misconduct, County may tenninate this Agreement for default by written notice from the Contracting Officer without the notice described in section 7.1.2 above. 7 .1.4 In the event of termination for default, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County.

7.1.5 If, after termination for default, it is determined for any reason that Contractor was not in default under this Agreement, the rights and obligations of the parties shall be the same as if terminated for convenience under section

7.5 "Termination for Convenience.''

7.2 RESERVED

7.3 Failure to Perform. Contractor shall immediately notify the COR upon learning that it has, or that it is reasonably foreseeable that it will, fail to perform or timely perform its obligations under this Agreement for any reason, including, but not limited to, a labor dispute, emergency, epidemic, pandemic, or supply chain shortage. In such event, Contractor shall, upon request, prepare and deliver to the COR a written mitigation plan. Nothing in this section relieves the Contractor of its obligations under this Agreement.

7.4 Reduction in Funding. In the event there is a reduction of funds made available by County to Contractor under this or subsequent agreements, the County of San Diego and its departments, officers and employees shall incur no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or liabilities arising directly or from such action.

7.5 Termination for Convenience. The County may, by written notice from Contracting Officer, terminate this Agreement for convenience, in whole or in part, at any time. Upon receipt of such notice, Contractor shall promptly report to County all undelivered or unaccepted work performed in accordance with this Agreement prior to termination ("Incomplete Work1').

Contractor may, at County's option, be required to complete some or all Incomplete \Vork during Disentanglement. 7,5, 1 The County shall pay Contractor as full compensation for work performed and costs of termination:

7.5.1.1 7.5.1.2
The unit or pro rata price for any delivered and accepted portion of the work.

Actual and reasonable Contractor costs for Incomplete \Vork not mitigable or otherwise recoverable by Contractor, Such compensation shall not exceed the unit or pro rata price due to Contractor had the work been completed.

7.5.2 In no event shall the County be liable for any loss of profits or any other consequential damages.

7.5.3 County's termination of this Agreement for convenience shall not preclude it from changing the termination to a default, as set forth in section 7. I of this Agreement, nor from taking any action in law or equity against Contractor for:

7.5.3.1 7.5.3.2

7.5.3.3 7.5.3.4

7.5.3.5 7.5.3.6
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Fraud, waste, or abuse of Agreement funds, or
Improperly submitted claims, or
Any failure to perform the work in accordance with the Statement of Work, or Any breach of any term or condition of the Agreement, or Any actions under any warranty, express or implied, or
Any claim of professional negligence, or
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7.5.3.7 Any other matter arising from or related to this Agreement, whether known, knowable, or unknown before, during, or after the date of termination.

7.6 Suspension of Work. The Contracting Officer may order Contractor, in writing, to suspend, delay, or interrupt all or part of the work of this Agreement for the period of time that the Contracting Officer determines appropriate. County reserves the right to prohibit, without prior notice, Contractor or Contractor's employees, directors, officers, agents, subcontractors, vendors, consultants, or volunteers from I) accessing County data systems and County owned software applications, including websites, domain names, platforms, physical files, 2) treating County's patients, clients, or facility residents, or 3) providing any other services under this Agreement.

ARTICLES

COMPLIANCE WITH LAWS AND REGULATIONS

8.1 Compliance with Laws and Regulations. Contractor shall at all times perform its obligations hereunder in compliance with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health, and sanitation.

8.2 Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder.

8.3 Equal Opportunity. Contractor shall comply with federal and State equal employment opportunity laws, including, but not limited to, the provisio1is of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any· individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.

8.4 Affirmative Action. Each Contractor of services and supplies employing fifteen ( 15) or more full-time permanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by COR or from the County of San Diego Internet website (www.sandiegocounty.gov).

8.5 Non-Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000d), section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C 324), section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. I 00-209), Executive Order 12898 (Febrnary 11, 1994), Executive Order 13166 (August 16, 2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-e), the Age Discrimination Act of 1975 (42 U.S.C. 6101), Article 9.5, Chapter I, Part I, Division 2, Title 2 (section 11135, et seq.) of the California Government Code, Title 9, Division 4, Chapter 6 (section 10800, et seq.) of the CCR and California Dept of Social Se1vices Manual of Policies and Procedures (CDSS l\1PP) Division 21.

8.6 AIDS Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less advantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported service or program on the grounds that such person has Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) as those terms are defined in Title 3, Division 2, Chapter 8, section 32.803, of the San Diego County Code of Regulatory Ordinances.

8.7 American with Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in employment, public se1vices, transportation, public accommodations, and telecommunications services in compliance with the Americans with Disabilities Act (ADA), the California Fair Employment and Housing Act (FEHA), and California Administrative Code Title 24.

8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or allow its name to be utilized in any endorsement of any candidate for elected office. Neither this Agreement nor any funds provided hereunder shall be uti Ii zed in support of any partisan political activities, or activities for or against the election of a candidate for an elected office.

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8.9 Lobbying. Contractor agrees to comply with the lobbying ordinances of the County and to assure that its officers and employees comply before any appearance before the County Board of Supervisors. Except as required by this Agreement, none of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to suppo1i or defeat any legislation pending before State and federal Legislatures, the Board of Supervisors of the County, or before any other local governmental entity. This provision shall not preclude Contractor from seeking necessary permits, licenses and the like necessary for it to comply with the terms of this Agreement.

8.9.1 Byrd Anti-Lobbying Amendment. In accordance with 31 U.S.C. 1352 and related regulations, (a) Contractor certifies, and shall require each lower-tier recipient (as that term is defined in 31 U.S.C. 1352) to certify to the tier above, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any covered Federal contract, grant or any other award covered by 31 U.S.C. 1352, and (b) Contractor shall disclose, and shall require each lower-tier recipient to disclose to the tier above, any lobbying with non-Federal funds that takes place in connection with obtaining any covered Federal award.

8.10 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connection with the performance of this Agreement.

8.11 Audit Requirement.

8.11.1 Contractor shall annually engage a Licensed Certified Public Accountant licensed to perform audits and attests in the State of California to conduct an annual financial audit of the organization. Contractors that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI).

Contractors that are commercial organizations (for-profit) are required to have a non-federal audit if, during its fiscal year, it expended a total of $750,000 or more under one or more HHS awards. 45 CFR part 74.26(d) incorporates the threshold and deadlines of the Compliance Supplement but provides for~profit organizations two options regarding the type of audit that will satisfy the audit requirements. Contractor shall include a clause in any agreement entered into with an audit firm, or notify the audit firm in writing prior to the audit firm commencing its work for Contractor, that the audit firm shall, pursuant to 31 U.S.C. 7503, and to the extent otherwise required by law, provide access by the federal government or other legally required entity to the independent auditor's working papers that were part of the independent auditor's audit of Contractor. Contractor shall submit two (2) copies of the annual audit report, the audit performed in accordance with the Compliance Supplement, and the management letter to the County fifteen ( 15) days after receipt from the independent Certified Public Accountant but no later than nine (9) months after the Contractor's fiscal year end.

8.11.2 Contractor shall immediately notify County upon learning that Contractor's independent Certified Public Accountant may or will issue a disclaimer of opinion due to substantial doubt of Contractor's ability to continue as a going concern.

8.12 Board of Supervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the following policies of the Board of Supervisors, available on the County of San Diego website:

8.12.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials, reusable products, and products designed to be recycled to the County in response to the County's requirements; and

8.12.2 Board Policies 8~53 and B-39a, which encourage the participation of small and veteran owned businesses in County procurements; and

8.12.3 Zero Tolerance for Fraudulent Conduct in County Services. Contractor shall comply with County of San Diego Board of Supervisors Policy AH 120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be "Zero Tolerance" for fraud committed by contractors in the administration of County programs and the provision of County services. Upon proven instances of fraud committed by contractors in connection with their performance under the Agreement, said contractor shall be subject to corrective action up to and including termination of the Agreement; and

8.12.4 Interlocking Directorate. Per Board Policy A-79, if Contractor is a non-profit corporation, Contractor shall not subcontract any work under this Agreement with a related for-profit subcontractor where an interlocking directorate, management, or ownership relationship exists, unless specifically authorized by the Board of Supervisors; and

8.12.5 Drug and Alcohol-Free \Vork Environment. The County of San Diego, in recognition of its responsibility to provide a safe, healthy, and productive work environment and perform services as safely, effectively, and efficiently as possible, has adopted a requirement for a work environment not adversely affected or impaired in any way by the use or presence of alcohol or drugs in Board Policy C-25 County of San Diego Drug and Alcohol Use Policy.

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8.12.5.1 As a material condition of this Agreement, the Contractor agrees that Contractor and Contractor's employees, while performing se,vices or using County equipment pursuant to Agreement:

8.12.5.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug.

8.12.5.1.2 Shall not possess, consume, or be under the influence of alcohol and/or an illegal drng.

8.12.5.1.3 Shall not sell, offer, or provide alcohol or an illegal drug to another person; provided, however, that the foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs.

8. 12.5.2 Contractor shall inform all employees who are performing applicable services of the County's Board Policy C-25 and the above prohibitions.

8.13 Cartwright Act. Following receipt of final payment under the Agreement, Contractor 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 under this Agreement.

8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not store any Hazardous Materials at any County facility for periods in excess ofninety (90) days or in violation of the applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions necessary to protect third parties, including, without limitation, employees, and agents of the County, from any exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the term "Environmental Laws" means any and all federal, state, or local laws or ordinances, rules, decrees, orders, regulations, or com1 decisions (including the so called "common law"), including, but not limited to, the Resource Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly htjurious or potentially injurious material, whether iltjurious or potentially htjurious by itself or in combination with other materials; (b) is controlled, referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any Environmental Laws, or ( d) is any other material or substance giving rise to any liability, responsibility or duty upon the County or Contractor with respect to any third person under any Environmental Laws.

8.15 Clean Air Act and Federal Water Pollution Control Act.

8.15. l Contractor shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C. §§ 740 I et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §§ 1251 et seq.). Contractor shall report each violation to the USDA and the appropriate EPA Regional Office as required.

8.15. l. l Contractor agrees to report each violation to the County (and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal agency) and the appropriate Environmental Protection Agency Regional Office. Contractor agrees to include this requirement in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

8.16 Debarment, Exclusion, Suspension, and Ineligibility.

8.16.1 Contractor certifies that, to the best of its knowledge, and except as disclosed to County and acknowledged in writing by County prior to the execution of this Agreement, Contractor, its employees, directors, officers, agents, subcontractors, vendors, consultants, and volunteers:

8.16. l .1 Are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension, or ineligibility by any federal, state, or local department or agency; and

8.16.1.2 Have not within a 3-year period preceding this Agreement been convicted of, or had a civil or administrative judgment rendered against them for, the commission of fraud or a criminal offense or civil action in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction; violation of federal or State anti-trust statutes or commission of embezzlement, theft, forge1y, bribery, falsification or destruction of records, making false statements, receiving stolen property; physical, financial or sexual abuse or misconduct with a patient or client, or medical negligence or malpractice; Contract: 570898-00 Page 11 of I06 Seryices Template: re\' I0/1!2022 \'S,4 COUNTY CONTRACT NUMBER 570898

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8.16.1.3 Are not presently indicted or otherwise criminally, civilly, or administratively charged by a government entity (federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and

8.16.1.4 Are not presently the target or subject of any investigation, accusation, or charge related to the conduct of business by any federal, state, or local agency or law enforcement, licensing, certification, labor standards, occupational safety, ethics, or compliance body.

8.16.1.5 Are not proposed for debarment by any state, local, or federal department or agency.

8.16.1.6 Do not have a judgment rendered against them by a body described in 8.16.1.5 that is unsatisfied.

8.16.1.7 Have not within a three (3) year period preceding this Agreement (i) been found in violation or had a judgment rendered against them resulting from the type of investigation, accusation, or charge described in 8.16.1.5 or (ii) had one or more public transactions (federal, state, or local) terminated for cause or default.

8.16.2 Contractor shall have an ongoing duty during the term of this Agreement to disclose to the County any occurrence that would prevent Contractor from making the certifications contained in this section 8.16 on an ongoing basis. Such disclosure shall be made in writing to the COR and the County Office of Ethics and Compliance within five (5) business days of when Contractor discovers or reasonably believes there is a likelihood of such occurrence.

8.16.3 Debarment and Suspension.

8.16.3.1 This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

8.16.3.2 The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

8.16.3 .3 This certification is a material representation of fact relied upon by County. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

8.17 Display of Fraud Hotline Poster(s). As a material term and condition of this Agreement, Contractor shall:

8.17.1 Prominently display in common work areas within all business segments performing work under this Agreement County of San Diego Office of Ethics and Compliance Ethics Hotline posters;

8.17.2 Posters may be downloaded from the County Office of Ethics and Compliance website al:
http://www.sandiegocounty.gov/content/sdc/cao/oec.html. Additionally, if Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website;

8.17.3 If Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, the Contractor need not display the County poster.

8.18 False Claims Act Training. Contractor shall, not less than annually, provide training on the Federal False Claims Act (31 USC 3729, et seq. or successor statutes) and State False Claims Act (California Government Code 12650, et seq. or successor statutes) to all employees, directors, officers, agents, Related Subcontractors, or volunteers providing services under this Agreement. Contractor shall maintain verification of this training. Contractor shall retain verifications in accordance with the Agreement requirement for retention of records

8.19 Code of Ethics. As a material term and condition of this Agreement, Contractor shall develop and implement a Code of Ethics or similar document and maintain it during the term of this Agreement. Additionally, Contractor shall train all employees and volunteers on the Code of Ethics, and all employees, volunteers, directors, officers, and agents shall certify that they have received training and have been provided an opportunity to ask questions of their employer regarding the Code of Ethics. Contractor shall retain these certifications in accordance with the Agreement's provision regarding retention of records

8.20 Compliance Program. Contractors with an agreement that exceeds more than $250,000 in value annually shall establish, and maintain for the duration of this Agreement, a compliance program that meets the standards of Federal Sentencing Guidelines section 8B2.1 and 42 CFR 438.608, regardless of funding source or services.

8.21 Investigations. Unless prohibited by an investigating government authority, Contractor shall cooperate and participate fully in any investigation initiated by County relative to this Agreement. Upon County's request, Contractor shall promptly provide Contrnct: 570898-00 Pagt 12 of 106 Services Template: l'el' 10/1/2022 \'S.-1 COUNTY CONTRACT NUMBER 570898

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to County any and all documents, including any and all communications or information stored digitally, and make available for inte1views any employee(s) of Contractor identified by County. Contractor further agrees to immediately notif)1 County if any employee, director, officer, agent, subcontractor, vendor, consultant, or volunteer of Contractor comes under investigation by any federal, State, or local government entity with law enforcement or oversight authority over the Agreement or its funding for conduct arising out of, or related to, performance under this Agreement.

Contractor shall promptly make available to County all internal investigative results, findings, conclusions, recommendations, and corrective action plans pertaining to the investigation in its possession as requested by the County, unless otherwise protected by applicable law or privilege.

8.22 Reserved.

8.23 Contracting with Small and Minority Businesses. Women's Business Enterprises. and Labor Surplus Area Firms. Contractor shall, in accordance with 2 CFR 200.321 -Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms by:

8.23.1 Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

8.23.2 Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

8.23.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

8.23.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

8.23.5 Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

8.24 Procurement of Recovered Materials. Contractor shall comply with 2 CFR part 200.323 and shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $ I 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ I 0,000. Contractor certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.

8.24.1 In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

8.24.1.1 Competitively within a timeframe providing for compliance with the contract performance schedule;

8.24.1.2 ?v[eeting contract performance requirements; or

8.24.1.3 At a reasonable price.

8.24.2 Information about this requirement, along with the list of EPA-designated items, is available at EPA 's Comprehensive Procurement Guidelines web site https://,vww.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

8.24.3 Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, including the following:

8.24.3.1 For contracts over$ I 00,000 in total value, Contractor shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to County upon request.

8.25 Domestic Preferences. In accordance with 2 CFR part 200.322, as appropriate and to the extent consistent with law, Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

8.25.1 "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States.

8.25.2 "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

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8.26 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. In accordance with 2 CFR part 200.216, Contractor and its subcontractors are prohibited from expending funds under this Agreement to:

8.26.1 Procure or obtain;
8,26,2 Extend or renew a contract to procure or obtain; or

8.26.3 Enter into a contract ( or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

8.26.3 .1 For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidia1y or affiliate of such entities).

8.26.3.2 Telecommunications or video surveillance services provided by such entities or using such equipment.

8.26.3.3 Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretaiy of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign count1y.

8.27 Reserved.

8.28 FEMA Required Provisions.
8,28. l Access to Records. The following access to records requirements apply to this Agreement:
8,28.1, 1 The Contractor agrees to provide County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

8.28, I ,2 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

8.28.1.3 The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Agreement.

8.28.1 .4 In compliance with the Disaster Recoveiy Act of 2018, the County and the Contractor acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 8,28.2 DHS Seal, Logo, and Flags. The Contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval.

8.28.3 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Agreement. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

8.28.4 No Obligation by Federal Government. The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the County, Contractor, or any other pmiy pertaining to any matter resulting from the Agreement.

8.28.5 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C.

Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pe1taining to this Agreement.

ARTICLE9
CONFLICTS OF INTEREST; CONTRACTOR'S CONDUCT

9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor shall not employ any person having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform any portion of the work or services provided for herein including secretarial, clerical, and similar incidental services except upon the Contrnct: 570898~00 Pagr 14 or !06 Sen'ices TemJllale: rev I0/1/2022 ,,5.4 COUNTY CONTRACT NUMBER 570898

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written approval of County. Without such written approval, performance of services under this Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this Agreement.

9.1. I California Political Reform Act and Government Code Section !090 Et Seq. Contractor acknowledges that the California Political Reform Act ("Act"), Government Code section 81000 et seq., provides that Contractors hired by a public agency, such as County, may be deemed to be a ''public official" subject to the Act if the Contractor advises the agency on decisions or actions to be taken by the agency. The Act requires such public officials to disqualify themselves from participating in any way in such decisions if they have any one of several specified "conflicts of interest" relating to the decision. To the extent the Act applies to Contractor, Contractor shall abide by the Act. In addition, Contractor acknowledges and shall abide by the conflict-of-interest restrictions imposed on public officials by Government Code section I 090 et seq.

9.2 Conduct of Contractor.

9.3 9.2. l Contractor shall inform the County of all Contractor's interests, if any, that are, or that Contractor believes to be, incompatible with any interests of the County.

9.2.2 Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under this Agreement.

9.2.3 Contractor shall not use for personal gain or make other improper use of confidential information acquired in connection with this Agreement. In this connection, the term "confidential information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated materials requirements or pricing actions; and knowledge of selections of Contractors or subcontractors in advance of official announcement.

9.2.4 Contractor, its employees, directors, officers, agents, subcontractors, vendors, consultants, and volunteers shall not offer, directly or indirectly, any unlawful gift, gratuity, favor, entertainment, or other item(s) of monetary value to an employee or official of the County.

9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process shall be made to the private practice of any person(s) employed by the Contractor.

Prohibited Agreements. As required by section 67 of the San Diego County Administrative Code, Contractor certifies that it is not in violation of the provisions of section 67, and that Contractor is not, and will not subcontract with, any of the following:

9.3.1. Persons employed by County or of public agencies for which the Board of Supeivisors is the governing body;

9.3.2. Profit-making firms or businesses in which employees described in sub-section 9.3.1, above, seive as officers, principals, partners, or major shareholders;

9.3.3. Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub sections and who (I) were employed in positions of substantial responsibility in the area of seivice to be performed by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and

9.3.4. Profit-making firms or businesses, in which the former employees described in sub-section 9.3.3 above, seive as officers, principals, partners, or major shareholders.

9.4 Limitation of Future Agreements or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted in its future contracting with the County to the manner described below. Except as specifically provided in this section, Contractor shall be free to compete for business on an equal basis with other companies.

9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation as a prime or subcontractor under an ensuing County agreement. It is further agreed, however, that County will not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under this Agreement.

9.4.2 Contractor may not apply for nor accept additional payments for the same seivices contained in the Statement of Work.

ARTICLE JO

INDEMNITY AND INSURANCE

10.1 Indemnity. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents of County (collectively "County Parties11), against any and all claims, demands, liability, judgments, awards, fines, Contrnct: 570898-00 Page 15 or l06 Services Tem1llale: rev I0/1/2022 ,,5.4 COUNTY CONTRACT NUMBER 570898

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mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and comt costs (hereinafter collectively referred to as "Claims"), related to this Agreement or the work covered by this Agreement and arising either directly or indirectly from any act, error, omission or negligence of Contractor or its Contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. \Vithout limiting the foregoing, Contractor's defense and indemnity obligations under this section shall specifically apply to any claim, suit, proceeding, demand, liability, loss, damage, or expense (including but not limited to attorneys' fees) arising from or relating to a claim that any work performed pursuant to this Agreement infringes a patent, copyright, moral right, trademark, trade secret, or other intellectual property right of a third party. \Vithout limiting the generality of the foregoing, if any portion of any the same or County's use of the same is, or in Contractor's or County's opinion is likely to be, held to infringe the rights of any third party, Contractor shall at its expense either (i) procure the right for County to use the infringing item free of any liability or expense to County to the full extent contemplated by this Agreement; or (ii) replace it with a non infringing equivalent reasonably satisfactory to County. \Vithout limiting the County's other rights and Contractor's obligations under this section, County shall have the right to employ counsel at its own expense for, and participate in the defense of, any claim.

I 0.2 Insurance. Contractor shall, at its own cost and expense, obtain and keep in force and effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit B Insurance Requirements. Evidence of insurance and any other documents or notices required to be provided to County pursuant to Exhibit B shall be submitted to the COR or as instructed by the COR. The provisions of section IO. l are independent of, and shall in no way limit, Contractor's and its insurer's requirements under this section 10.2 and Exhibit B.

ARTICLE II

AUDIT AND INSPECTION

11.1 Audit and Inspection.

11.1. l Authorized federal, State and County representatives and their designated inspectors shall each have the following rights ("Audit and Inspection"):

11.1.1. l to monitor, assess, and evaluate Contractor's performance under this Agreement;

11.1.1.2 to conduct audits, inspections, reviews of reports, and interviews of staff and participants involved with the services provided under this Agreement; and
1 1.1.1.3 to inspect the premises, services, materials, supplies, and equipment furnished or utilized in the performance of this Agreement and the workmanship of the work performed under this Agreement.

11.1.2 Contractor shall fully cooperate with any Audit and Inspection. County shall perform Audits and Inspections in a manner so as not to unduly interfere with Contractor's performance.

11.1.3 At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to County, State or federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit County, State or federal officials to examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement.

11.1.4 If an audit is conducted, it will be done in accordance with generally accepted government auditing standards as described in "Government Auditing Standards," published for the United States General Accountability Office or the institute of Internal Auditors International Standards for the Professional Practice of Internal Auditing. 11,2 External Audits. Contractor shall provide the following to the COR;

11.2. l a copy of all notifications of audits or pending audits by federal or State representatives regarding contracted se1vices identified in this Agreement within three (3) business days of Contractor receiving notice of the audit.

11.2.2 a copy of the draft and final State or federal audit reports within twenty-four (24) hours of receiving them. Contractor shall also provide electronic copies to Agency Contract Support (ACS) at [email protected],gov, 11,2.3 a copy of Contractor's response to the draft and final State or federal audit reports at the same time the response is provided to the State or federal representatives.

11.2.4 a copy of all responses made by a federal or State representative to a Contractor's audit response no later than three (3) business days after receiving it, unless prohibited by the government agency conducting the audit. This shall continue until the federal or State auditors have accepted and closed the audit.

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I I.3 Availability of Records. Contractor shall maintain and/or make available within San Diego County accurate books, accounting records, and other records related to Contractor's performance under this Agreement, including all records of costs charged to this Agreement during the term of this agreement and for the longer of: (i) a period of five (5) years after the date of final payment under this Agreement, (ii) for records that relate to appeals under Article 15 HDisputes," or litigation or the settlement of claims arising out of the performance of this Agreement, three (3) years after such appeals, litigation, or claims have been disposed of, and (iii) any retention period required by the funding source(s) of this Agreement. Contractor shall provide any requested records to County within two (2) business days ofrequest. Contractor assertions of confidentiality shall not be a bar to full access to the records. County shall keep the materials described above confidential unless otherwise required by law.

11.3.1 Contractor shall maintain, and the records referred to in section 11.3 shall include, records sufficient to establish the reasonableness accuracy, completeness and currency of all cost or pricing data submitted to County in connection with this Agreement, including records of adequate price competition, negotiations, and cost or price analysis.

11.4 Outcome-Based Measures. \Vhere outcome-based measures are set forth in the Statement of\Vork, Contractor shall maintain, and provide to County upon County's request as often as County deems necessary, complete, and accurate data documenting such outcome measures under this Agreement. Such data may include, but is not limited to, statistics on outcomes, rates of success, and completion rate of deliverables.

11.5 Full Cost Recoveiy. Contractor shall reimburse County for all direct and indirect expenditures incurred in conducting an audit, investigation, or inspection when Contractor is subsequently found to have violated terms of this Agreement.

11.6 Corrective Actions. If any seivices performed hereunder are found to have not been in conformity with the specifications and requirements of this Agreement, County shall have the right to ( 1) require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount, (2) require Contractor immediately to take all necessary steps to ensure future performance of the se1vices in conformity with requirements of the Agreement, (3) reduce payment to Contractor in accordance with Article 4, (4) have the se1vices performed, by agreement or otherwise, in conformance with the specifications of this Agreement and recover from Contractor any costs incurred by County that are directly related to the performance of such se1vices, and/or (5) pursue any other rights or remedies available to County under this Agreement.

ARTICLE 12

RECOVERY OF FUNDS
\Vhere Contractor is required to reimburse County under any provision of this Agreement, or where County is othenvise owed funds from Contractor, County may, at its sole discretion and subject to funding source restrictions and State and federal law: (I) withhold such amounts from any amounts due to Contractor pursuant to the payment terms of this Agreement, (2) withhold such amounts from any other amounts due to Contractor from County, and/or (3) require Contractor to make payment to County for the total amount due (or a lesser amount specified by County) within thirty (30) days of request by County. Notwithstanding the foregoing, County may allow Contractor to repay any such amounts owed in installments pursuant to a written repayment plan.

ARTICLE 13

USE OF DOCUMENTS AND REPORTS

13.1 Findings Confidential. Any reports, records, data, or other information given to or prepared or assembled by Contractor under this Agreement that the County requests to be kept confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County except as may be required by law. Contractor shall not disclose to any individual or organization any reports, records, data, or other information received, prepared, or assembled by Contractor under this Agreement

13.2 Ownership, Publication, Reproduction and Use of~faterial. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of County. No such materials or properties produced in whole or in pa1t under this Agreement shall be subject to private use, copyright, or patent right by Contractor in the United States or in any other countly without the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement.

13.3 Confidentiality. Contractor agrees to maintain the confidentiality of and take indust1y appropriate and legally required measures to prevent the unlawful disclosure of any information that is legally required to be kept confidential. Except as otherwise allowed by local, State, or federal law or regulation and pursuant to this section 13.3, Contractor agrees to only disclose confidential records where the holder of the privilege, whether the County, or a third party, provides written permission authorizing the disclosure.

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13.4 Public Records Act. The California Public Records Act ("CPRA") requires County to disclose "public records" in its actual or constructive possession unless a statutory exemption applies. This generally includes contracts and related documents. If County receives a CPRA request for records relating to the Agreement, County may, at its sole discretion, either determine its response to the request without notifying Contractor or notify Contractor of the request. If County determines its response to the request without notifying Contractor, Contractor shall hold County harmless for such determination. If County notifies Contractor of the request, Contractor may request that County withhold or redact records responsive to the request by submitting to County a written request within five (5) business days after receipt of the County's notice. Contractor's request must identify specific records to be withheld or redacted and applicable exemptions. Upon timely receipt of Contractor's request, County will review the request and at its sole discretion withhold and/or redact the records identified by Contractor.

Contractor shall hold County harmless for County's decision whether to withhold and/or redact pursuant to Contractor's written request. Contractor further agrees that its defense and indemnification obligations set forth in section I 0.1 of this Agreement extend to any Claim (as defined in section I 0.1) against the County Parties (as defined in section I 0.1) arising out of County's withholding and/or redacting of records pursuant to Contractor's request. Nothing in this section shall preclude Contractor from bringing a "reverse CPRA action" to prevent disclosure of records. Nothing in this section shall prevent the County or its agents or any other governmental entity from accessing any records for the purpose of audits or program reviews if that access is legally permissible under the applicable local, State, or federal laws or regulations. Similarly, County or its agent or designee may take possession of the record(s) where legally authorized to do so.

13.5 Custody of Records. Contractor shall deliver to County or its designee, at County's request, all documentation and data related to Contractor's work under this Agreement, including, but not limited to, County data and client files held by Contractor, at no charge to County. County, at its option, may take custody of Contractor's client records upon Agreement termination, expiration, or at such other time as County may deem necessary. County agrees that such custody will conform to applicable confidentiality provisions of State and federal law and that retained records shall be available to Contractor for examination and inspection in accordance with applicable law. Contractor shall destroy records not turned over to County in accordance with applicable retention requirements and this Agreement. Notwithstanding the foregoing, Contractor may retain one (I) copy of the documentation and data for archival purposes or warranty support, and Contractor may maintain records that it is legally required to maintain.

13.6 Repot1s. Contractor shall submit reports required in Exhibit A and additional repo11s as may be requested by the COR and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely submission of these reports is a necessary and material term and condition of this Agreement and Contractor agrees that failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within thirty (30) days of the termination of this Agreement a repo11 detailing all work done pursuant to this Agreement by Contractor.

ARTICLE 14

INFORMATION PRIVACY AND SECURITY PROVISIONS

14.1 Recitals. This Article is intended to protect the privacy and security of County information that Contractor may create, receive, access, store, transmit, and/or destroy under this Agreement. In addition to the below Responsibilities, contractor shall be in compliance with the following rules, regulations, and agreements, as applicable:

14.1.1 Health Insurance Portability and Accountability Act, specifically, Public Law I 04-191, the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005, 42USC section 17921 et seq., and 45CFR Parts 160 and 164, collectively referred to as "HIPAA;"

14.1.2 County agreements with the State of California, collectively referred to as "State Agreements" and posted on the County's website at: www.cosdcompliance.org, including:

14.1.2.1 For Eligibility Operations contracts, the Medi-Cal Eligibility Data System Privacy and Security Agreement Between the California Department of Social Se1vices and the County;

14.1.2.2 For Mental Health contracts, the Medi-Cal Behavioral Health Se1vices Performance Agreement between the California Depai1ment of Health Care Services (DHCS) and the County;

14.1.2.3 For Substance Use Disorder contracts, the San Diego County Alcohol and Drug Program Administrator Agreement between DHCS and the County;

14.1.2.4 For Aging and Independence Services contracts, the Standard Agreement between the County and the California Department of Aging;

14.1.2.5 For Whole Person Wellness contracts, the Agreement for Whole Person Care Pilot Program for San Diego County with DHCS; and

14.1.2.6 For Public Health Services contracts, the Standard Agreement between the County and the California Depai1ment of Public Health.

14.1.3 Title 42 Code of Federal Regulations, Chapter I, Subchapter A, Pa11 2.

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AGREEMENT WITH THE CITY OF SAN MARCOS FOR

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14.2 Definitions. Terms used, but not otherwise defined, in this Article shall have the same meaning as defined by HlPAA.

14.2.1 "Breach" of Protected Health Information (PHJ) shall have the same meaning given to the term "breach" under HIPAA and "breach" of Personal Information (Pl)/Personally Identifiable Information (PII) shall have the same meaning as given to it under the State Agreements.

14.2.2 "Business Associate," when applicable, shall mean the Contractor.

14.2.3 "County PHI" shall have the same meaning as PHJ under HJPAA, specific to PHJ under this Agreement.

14.2.4 "County PI/PII" shall have the same meaning as PI/PII under the State Agreements, specific to PIIPII under this Agreement.

14.2.5 "Covered Entity," when applicable, shall mean the County.

14.2.6 "Security incident" shall have the same meaning as defined by the State Agreements.

14.3 Responsibilities of Contractor.

14.3.1 Use and Disclosure of County PHJ/PJIPII. Contractor shall use the minimum County PHIIPIIPII required to accomplish the requirements of this Agreement or as required by Law. Contractor may not use or disclose County PHJIPTIPII in a manner that would violate HIP AA or the State Agreements if done by the County.

14.3.2 Safeguards. Contractor shall ensure sufficient administrative, physical, and technical controls are in place to prevent use or disclosure of County PHJ/PI/PII

14.3.3 Mitigation. Contractor shall mitigate, to the extent practicable, any harmful effects caused by violation of the requirements of this Article, as directed by the County.

14.3.4 Subcontractors. Contractor shall ensure that any agent, including a subcontractor, to whom it provides County PHIIPTIPII, imposes the same conditions on such agents that apply to Contractor under this Article.

14.3.5 Cooperation with County.

I 4.3.5. I Contractor shall provide access to County PHTIPIIPII, as well as internal practices and records related to County PHJIPIIPJJ, at the written request of County within ten (10) calendar days.

14.3.5.2 Contractor will assist County regarding individual's access, copy, amendment, accounting of disclosure, and other such requests for County PHI/PIIPU in the time and manner designated by County.

14.3.6 Breach Repo11ing. Contractor shall report breaches and suspected security incidents to County, to include:

14.3.6.1 Initial Repo,t.

14.3.6. I .l Contractor shall email County Contracting Officer's Representative (COR) and HHSA Privacy Officer immediately upon the discovery of a suspected security incident that involves data provided to County by the Social Security Administration, as per the State Agreements.

I 4.3.6. I .2 Contractor shall email COR and HHSA Privacy Officer immediately of breaches and suspected privacy incidents involving 500 or more individuals.

14.3.6.1.3 Contractor shall additionally submit an online County "Privacy Incident Report" through the online portal at www.cosdcompliance.org within one (I) business day for all breaches and suspected security incidents.

14.3.6.2 Investigation Report. Contractor shall immediately investigate such suspected security incident or breach and provide the County a complete report of the investigation within seven (7) working days using County's "Privacy Incident Report" online form.

14.3.6.3 Notification. Contractor will comply with County's request to notify individuals and/or media and shall pay any costs of such notifications, as well as any costs associated with the breach. County shall approve the time, manner and content of any such notifications before notifications are made.

14.3.7 Designation of Individuals. Contractor shall designate a Privacy Official and a Security Official to oversee its privacy and security requirements herein.

I 4.3.8 Termination. Upon termination of the Agreement for any reason, Contractor shall return or destroy all County PHl/PII/PI, except County PHI/PII/PJ necessaiy for Contractor to continue its proper management and administration or lo cany out its legal responsibilities, as mutually agreed upon by the Parties. If the Parties mutually agree that return or destruction of County PHJIPII/PJ is infeasible, Contractor shall extend the protections of this Article to such County PHJ/PIJ/PI for so long as Contractor maintains such County PHIIPIIIPI.

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ARTICLE 15

DISPUTES
Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time.

The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law, or issues regarding the medical necessity of treatment or to pre-empt any medical practitioners' judgment regarding the medical necessity of treatment of patients in their care. The foregoing does not change the County's ability to refuse to pay for services rendered if County disputes the medical necessity of care.

ARTICLE 16

GENERAL PROVISIONS

16. l Change of Control. Contractor shall notify County in writing of any change in majority ownership of Contractor ( or all or substantially all of Contractor's assets) through a transaction or series of transactions including, without limitation, an acquisition, sale, reorganization, merger, or consolidation ("Change of Control") at least one hundred eighty ( 180) days prior to the effective date ofa Change of Control or as soon as practicable thereafter if notice cannot legally be provided to County within such timeframe.

16.1.1 \Vithout limiting any other rights or remedies of County, in the event of a pending or actual Change of Control, County may terminate this Agreement in accordance with section 7.5, Termination for Convenience, except that Contractor shall not be entitled to costs of termination set forth in section 7.5.2.

16.2 Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of County, which shall not be unreasonably withheld; provided, however, that Contractor may assign or delegate its rights or obligations under this Agreement to the entity becoming a majority owner of Contractor's assets during a Change of Control, provided that notice is given in accordance with section 16, l above. Any purported assignment or delegation in violation of this section shall be null and void

16.3 Entire Agreement. This Agreement, together with all Exhibits attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written, including any proposals from Contractor and requests for proposals from County, are superseded.

16.4 Remedies Not Exclusive. The rights and remedies of County provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law, equity, or under resulting order.

16.5 Sections and Exhibits. All recitals, sections, and exhibits referred to in this Agreement are incorporated herein by reference.

16.6 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties.

16.7 Governing Law. This Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California.

16.8 Headings. The article and section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit, or affect the construction or interpretation of any term or provision hereof.

16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other.

16.IO No Other Inducement. The making, execution, and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties, or agreements other than those expressed herein.

16.11 Notices. Notice to either party shall be in writing and personally delivered; sent by certified mail, postage prepaid, return receipt requested; or emailed to the County's or Contractor's designated representative (or such party's authorized representative). Any such notice shall be deemed received by the party (or such party's authorized representative) on the earliest of the date of personal delivery, three (3) business days after deposit in the U.S. Mail, or upon sending ofan email from which an acknowledgement of receipt has been received other than an out of office, unavailable, or undeliverable reply.

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thereby, and each term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

16.13 Successors. Subject to the limitations set forth in sections 16.1 and 16.2 above, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns.

16.14 Time. Time is of the essence for each provision of this Agreement.

16.15 Time Period Computation, All periods of time referred to in this Agreement shall be calendar days, unless the period of time specifies business days. Calendar days shall include all days of the week, including holidays. Business days shall be Monday through Friday, excluding County observed holidays.

16.16 \Vaiver. The waiver by one party of the performance of any term, provision, covenant, or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant, or condition, Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant, or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.

16.17 Third Party Beneficiaries Excluded. This Agreement is intended solely for the benefit of the County and its Contractor. Any benefit to any third party is incidental and does not confer on any third patiy to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third patiies is specifically prohibited.

16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and materials distributed to the community shall identify the County of San Diego as the funding source for contracted programs identified in this Agreement. Copies of publicity materials related to contracted programs identified in this Agreement shall be filed with the COR. County shall be advised at least twenty-four (24) hours in advance of all locally generated press releases and media events regarding contracted services identified in this Agreement. Alcohol and Drug Prevention Services Contractors shall notify CORor designee at least five (5) business days in advance of all Contractor generated media releases and media events regarding contracted services identified in this Agreement.

16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical incidents involving: external or internal instances of violence or threat of violence directed toward staff or clients; loss, theft or unlawful accessing of confidential client, patient or facility resident Personal Information (PI), Personally Identifiable Information (PII) and/or Personal Health Information (PHI); fraud, waste and/or abuse of Agreement funds; unethical conduct; or violation of any portion of San Diego County Board of Supervisors Policy C-25 "Drug and Alcohol Use Policy" while performing under this Agreement. Contractor shall report all such incidents to the COR within one business day of their occurrence. However, if this Agreement includes Article 14, Contractor must adhere to the timelines and processes contained in Article 14.

16.20 Responsiveness to Community Concerns. Contractor shall notify County within one business day of receipt of any material complaints submitted to Contractor orally or in writing related to Contractor 1 s performance of work under this Agreement
("Complaints"), unless prohibited by applicable State, federal, or local law. Complaints include, but are not limited to, issues of abuse or quality of care, or issues regarding a program or facility applicable to this Agreement. Contractor shall take appropriate steps to acknowledge receipt of Complaint(s) from individuals or organizations and to address or resolve all Complaints. Contractor shall promptly notify the County of the status and disposition of all complaints and provide additional information or documentation upon request. Nothing in this provision shall be interpreted to preclude Contractor from engaging in any legally authorized use of its facility, property, or business as approved, permitted or licensed by the applicable authority.

16.21 Criminal Background Check Requirements. Contractor shall ensure that criminal background checks are required and completed prior to employment or placement of any employee, director, officer, agent, subcontractor, consultant, or volunteer who will be providing any services, accessing County or client data, or receiving compensation under this Agreement.

Background checks shall be in compliance with any licensing, certification, funding, or Agreement requirements, including the Statement of\Vork, which may be higher than the minimum standards described herein. Furthermore, for any individuals identified above who will be assigned to sensitive positions funded by this Agreement, background checks shall be in compliance with Board of Supervisors Policy C-28, available on the County of San Diego website. Sensitive positions are those that: (I) physically supervise minors or vulnerable adults; (2) have unsupervised physical contact with minors or vulnerable adults; and/or (3) have a fiduciary responsibility to any County client, or direct access to, or control over, bank accounts or accounts with financial institutions of any client. lf this Agreement includes Article 14, Contractor must also adhere to requirements contained in Article 14.

Contractor shall have a documented process for reviewing the information and determine if criminal history demonstrates behavior that could create an increased risk of harm to clients or risk to services to be performed under Agreement. Contractor Contrncl: 570898-00 Page 21 of l06 Srnicts Template: re,· 10/ln022 v5.4 COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM
shall document review of criminal background findings and consideration of criminal history in the selection of such persons listed above in this section.

16.21.1 Contractor shall utilize a subsequent arrest notification service or perform a criminal background check annually during the term of this Agreement for any employee, director, officer, agent, subcontractor, consultant, or volunteer who will be providing any services under this Agreement. Contractor shall keep the documentation of their review and consideration of the individual's criminal history on file in accordance with paragraph 11.3 "Availability of Records.I'

16.21.2 Definitions

16.21.2.1 lv!inor: Individuals under the age of eighteen (18) years old.

I 6.21,2.2 Vulnerable Adult: ( 1) Individuals age eighteen ( 18) years or older, who require assistance with activities of daily living and who may be put at risk of abuse during service provision; (2) Individuals age eighteen ( 18) years or older who have a permanent or temporary limited physical and/or mental capacity that may put them at risk of abuse during service provision because it renders them: unable to make decisions for themselves, unable to physically defend themselves, or unaware of physical abuse or other harm that could be perpetrated against them. Activities of daily living are defined as the basic tasks of everyday life, such as eating, bathing, dressing, toileting, and transferring.

16.21.2.3 Volunteer: A person who performs a service willingly and without pay.

16.22 Survival. The provisions of this Agreement necessary to carry out the intention of the parties as expressed herein shall survive the termination or expiration of this Agreement. \Vithout limiting the foregoing, the following sections and articles of this Agreement shall survive the expiration or earlier termination of this Agreement: sections 8.1, 8.21, 10.1, 16.4, 16.7, and Articles 3, 4, 7, 11, 12, and 13.

I
I
I
Contract: 570898·00 Page 22 of 106 Sen•ices Template: i-ev l0/1/2022 \'5.4 COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

SIGNATURE PAGE
AGREEMENT TERM. The initial term of this Agreement shall begin on April I, 2024, and end on March 31, 2025 ("Initial Term").

OPTION TO EXTEND. The County shall have the option to extend the term of this Agreement for three (3) increments of one (I) year (each an "Option Period"), for a total of three (3) years beyond the expiration of the Initial Term, not to exceed March 31, 2028.

This option shall be automatically exercised unless County notifies Contractor in writing not less than thirty (30) days prior to arr Option Period that the County does not intend to extend the Agreement.

COMPENSATION: Pursuant to Exhibit C, A11icle 4, and other applicable provisions of this Agreement, County agrees to pay Contractor a sum not to exceed Four Hundred Seventy-Six Thousand Two Hundred Forty-Six dollars ($476,246) ("Maximum Agreement Amount"). Furthermore, compensation for the Initial Term and any Option Periods shall not exceed the amounts shown for the Initial Term or that Option Period shown in Exhibit C.

COR. The County designates the following individual as the Contracting Officer's Representative ("COR") Andrea Lara, Administrative Analyst
5560 Overland A venue, Ste 310
San Diego, CA 92123
Phone: 858-472-0175 and email: [email protected] CONTRACTOR'S REPRESENTATIVE. Contractor designates the following individual as the Contractor's Representative. l'vlark Olson, Director of Parks and Recreation
I Civic Center Drive
San Marcos, CA 92069
Phone: 858-4 72-4697 and email: [email protected]
IN WITNESS WHEREOF, County and Contractor execute this Agreement effective as of the date of the last signature below. The person(s) signing this Agreement for Contractor represent(s) and warrant(s) that they are duly authorized to bind Contractor and have the legal capacity to execute and deliver this Agreement.

CONTRACTOR:

By:

Name:

Title:

Email:

Date:

COUNTY OF SAN DIEGO:

JOHN M. PELLEGRINO, Director
Department of Purchasing and Contracting
By:

Name:

Title:

Date:

By electronically signing this document, all parties accept the use of electronic signatures.

Contract: 570898-00 Page 23 of I 06 Services Template: rt\' I0/1/2022 vS.4

1. Scope of Work/Purpose
COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A-STATEMENT OF WORK
Contractor shall provide nutritionally sound meals within San Diego County at no cost to older adults aged 60 and older through the Older Californians Nutrition Program (OCNP). The OCNP includes Congregate Meals, Transportation to Congregate Meal Sites, To-Go Meals, and Home Delivered Meals, all of which provide access to nutritious meals, nutrition screening, assessment, and education. Priority shall be given to those with the greatest economic and social need.

2. Bacl<ground Information
The OCNP is funded through Title III of the Older Americans Act, a federal program administered by state and county governments and operated under rules, policies, and regulations of the California Department of Aging (CDA). The County of San Diego (County) Health and Human Services Agency (HHSA), Aging & Independence Services (AIS), as the designated Area Agency on Aging, oversees this program. Nutrition services assist older individuals to live independently by promoting better health and reduced isolation through a program of coordinated congregate meals, home delivered meals, to-go meals, transpor1ation and supportive services. In fiscal year 2022-2023, approximately 1.8 million meals were served through a network of several contracted providers.

Live Well San Diego Vision
The County of San Diego Health and Human Setvices Agency (HHSA) supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life.

Information about live Well San Diego can be found on the County's website and a website designated to the vision:
!. http://www.sdcounty.ca.gov/hhsa/programs/sd/live well san diego/index.htm I and !. http://www.Live\VellSD.org
A Tmuma-lnformed Syste111
The County of San Diego Health and Human Services Agency (HHSA) is committed to beco111ing a Trauma-Informed Syste111 as part of its effort to build a better service delivery syste111. All programs operated and supported by HHSA shall be part of a Trau111a lnformed System, which includes providing trauma-infor111ed services and maintaining a trau111a-infor111ed workforce. It is an approach for engaging individuals -staff, clients, pa11ners, and the community -and recognizing that trauma and chronic stress influence coping strategies and behavior. Trau111a-infor111ed systems and services minimize the risk of re-traumatizing individuals and/or families, and pro111ote safety, self-care, and resiliency. Trauma-Informed Principles include:

Understanding trauma and its impact to individuals;
Promoting safety;
Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness; Supporting consumer empowerment, control, choice, and independence; Sharing power and governance (e.g. including clients and staff at all levels in the development and review of policies and procedures);
Demonstrating trustworthiness and transparency;
Integrating services along the continuum of care;
Believing that establishing safe, authentic, and positive relationships can be healing; and Understanding that wellness is possible for eve1yone.

3. Goals

3.1. Contractor shall support individuals sixty (60) years of age and older to live independently by promoting better health and reduced isolation through the provision of the Older Californians Nutrition Program.

3.2. Congregate Meals:

3.2.1. Contractor shall offer nutritious meals to reduce hunger, food insecurity, and malnutrition.

3.2.2. Contractor shall offer opportunities to socialize, form new friendships, and create informal support networks.

3.3. Transportation to Congregate Meal Sites:

3.3.1. Contractor shall reduce barriers to pai1icipation by providing transportation to and from congregate meal sites.

Exhibil A -Staremcnt of Work Contract 570898-00

Page 24 of 106 ends

4. Outcome Objectives
COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A-STATEMENT OF WORK

4.1. Contractor shall achieve the following outcome objectives:

4.1.1. Eighty five percent (85%) of clients shall rate the quality of meals they receive as good or better.

4.1.2. Seventy five percent (75%) of clients shall report an increase in consumption of fruitsi vegetables, and/or whole grains due to their participation in the OCNP.

4.1.3. Eighty five percent (85%) of clients shall report a greater sense of connection with others through their interaction with staff, volunteers and/or other participants.

4.2. Objectives shall be based on a customer satisfaction survey and sample size equal to or greater than the average number of daily congregate meals seived by the Contractor.

5. Focus Populations and Geographic Service Area

5.1. Congregate Meals: Contractor shall provide services to older adults, defined as individuals sixty (60) years of age or older.

Individuals under 60 may be eligible for meals if one of the following criteria is met:

5.1.1. Spouse or domestic partner of an older adult participating in the program.

5.1.2. A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.

5.1.3. A person with a disability who resides with and accompanies an older individual who participates in the program.

5.1.4. Volunteers at congregate sites, if doing so will not deprive an eligible individual ofa meal.

5.2. Transportation to Congregate Meal Sites: Contractor shall provide transportation to and from designated meal sites to eligible congregate meal participants.

5.3. Contractor shall provide services to eligible individuals regardless of income. Priority shall be given to individuals with the greatest economic and social need with particular attention to lmv~income minority older individuals, older individuals with Limited English Proficiency (LEP), older individuals residing in rural areas and older individuals at risk for institutional care.

5.4. Geographic Service Area: Contractor shall provide nutrition services within San Diego County. If providing congregate meal service or transportation services, contractor shall provide services at location(s) identified in the contractor's site chart and approved by the County.

5.4.1. For congregate meals, site address must be in the following zip codes to qualify as a Rural Area. 91905 Boulevard
91906 Campo
91916 Descanso
91917 Dulzura
91934 Jacumba
91935 Jamul
91962 Pine Valley
91963 Potrero
91980 Tecate
92003 Bonsall
92004 Borre_go Springs
92036 Julian
92059 Pala
92061 Pamna Vallev
92066 Ranchita
92070 Santa Ysabel
92082 Vallev Center
92086 \Varner Sorings

6. General Requirements for Service Delivery

6.1. Contractor shall develop and maintain nutrition policies and procedures and meet the nutrition and food service standards that apply to the OCNP.

6.2. Meals

6.2.1. Contractor shall provide a nutritionally balanced meal, approved by the County's Registered Dietitian that meets the minimum nutrition requirements.

6.2.2. Each meal shall comply with the most recent Dietary Guidelines for Americans and provide each participant with:

Exhibit A-Statement of Work Contract 570898·00

Page 25 of 106 ends

COUNTY CONTRACT NUMBER 570898

AGREEMENT WJTH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A -STATEMENT OF WORK

6.2.2.1. A minimum of33 1/3 percent of the Dieta1y Reference Intakes (DRls) per meal if the program provides one meal per day.

6.2.2.2. A minimum of66 2/3 percent DRJs per meal if the program provides 2 meals per day.

If providing multiple meals per day, program shall ensure that each participant is receiving both meals and that each of the meals provides 33 1/3 percent DRis.

6.2.3. Contractor shall submit menus to the County's Registered Dietitian four (4) weeks prior to the first of the service month. The County's Registered Dietitian shall provide input, review, and approval of the menus to ensure compliance with Title 22 CCR 7634.3 (d)(I) and Title 22 CCR 7638.5.

6.2.4. Contractor shall ensure menus reflect the cultural and ethnic dietary needs of participants, when feasible and appropriate.

6.2.5. Contractor shall meet, when feasible, the Guidelines for Congregate/Custodial Meal Programs in the Eat \Veil Standards and shall not supersede Section 6.2.2 above.
https://archive.livewellsd.org/content/livewell/homeffopics/worksite-wellness/eat-well.html

6.2.6. Meals shall include, when feasible, the use of locally grown foods and identify potential partnerships with local producers and providers of locally grown foods.

6.2.7. Contractor shall document menu substitutions and submit them to the County's Registered Dietitian for review and approval prior to service.

6.3. Continuity Plan. To ensure the continuity of meal services to older adults, contractor shall develop and maintain a written emergency operations plan to ensure preparedness and the ability to continue to deliver services in the event of a disaster, emergency, or any situation where the contractor is not able to prepare or distribute meals.

6.4. Nutrition Education for Participants

6.4.1. Contractor shall provide a minimum of four (4) nutrition education programs per contract year to participants. Nutrition education services shall be provided in accordance with Title 22, Section 7638. 1 I Nutrition Education Services for Participants.

6.4.1.1. Nutrition education shall include teaching participants about healthy food choices, balancing food intake and physical activity, and promoting behaviors recommended in the Dietary Guidelines for Americans.

6.4.1.2. Nutrition education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials.

6.4.1.3. The County's Registered Dietitian shall provide input, review and approval of the content of nutrition education prior to presentation or dissemination.

6.4.2. Contractor shall develop and submit an annual nutrition education plan to the County's Registered Dietitian for review and approval no later than ninety (90) days after the effective date of this agreement and no later than ninety (90) days after the start of each contract year.

6.4.3. Contractor shall conduct an annual needs assessment to determine the nutrition education services needed by participants.

6.5. Grievance Procedure. Contractor shall develop a written grievance process per Title 22 CCR 7400(a)(2)-(3) for clients to report grievances pertaining to the OCNP, inclusive of the complainant's rights to privacy. The process shall be posted in a visible and accessible area of each congregate site. Homebound individuals shall be notified of the grievance process in writing.

6.6. Possess and maintain a valid health permit from the County of San Diego Department of Environmental Health (http://www.sdcounty.ca.gov/deh/) for food preparation sites and shall post the permit as required. A copy of a valid health permit for a subcontracted caterer or vendor must be kept on file by the Contractor and available upon request. Food preparation is defined as packaging, processing, assembling, portioning, or any operation that changes the form, flavor or consistency of food.

6.6.1. A Limited-Service Charitable Feeding Operation registration from the County of San Diego Department of Environmental Health (http://www.sdcounty.ca.gov/deh/) is required for satellite sites and catered meal sites where no food preparation is taking place.

6.6.2. The County's Registered Dietitian shall conduct announced and unannounced site visits to food preparation and congregate meal sites quarterly for compliance with the above stated regulations.

6.7. Contractor shall ensure that each food facility has equipment necessary for preparing, packaging, and serving meals that are safe and of good quality, as applicable to the program.

6.8. Voluntary Contribution Policy.
6 . 8. I . All eligible OCNP participants shall be given the oppm1unity to contribute to the cost of the service provided and shall determine for themselves what they are able to contribute. Contractor shall clearly inform each participant that Exhibil A -Statement of Work Contract 570898-00

Page 26 ends

COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A -STATEMENT OF WORK
there is no obligation to contribute, and that the contribution is purely volunta1y. Contractor shall not deny services to any person because of failure to contribute [OAA 315(b)].

6.8.2. Contractor shall post and/or provide a suggested contribution amount. When developing this contribution amount, the income ranges of the older individuals in the community and contractor's other sources of income shall be considered.

A sign indicating the suggested contribution for eligible individuals, and the fee for guests, shall be posted near the contribution container at each congregate meal site.

6.8.3. Contractor shall ensure methods to receive contributions maintain anonymity and protect the privacy and confidentiality of each participant with respect to the participant's contribution or lack of contribution.

6.8.4. Contractor shall establish a written policy for voluntary contributions, including procedures to protect contributions and fees from loss, mishandling, and theft.

6.8.5. All collected coutributions shall be tracked aud repmted to the COR monthly and shall be solely used to expand nutrition se1vices and to supplement funds received under this agreement.

6.9. ?vleal Charges for Staff and Guests under Sixty (60) Years of Age. Contractor may serve meals to paid staff andguests under sixty (60) years of age if doing so shall not deprive an eligible participant of a meal. These individuals shall pay at least the full cost of the meal. Contractor shall post the price for guests under sixty (60) years ofage.

6.10. Staffing/Administration

6.10.1. Contractor shall maintain an adequate number of qualified staff with the appropriate education and experience to carry out the requirements of the OCNP, per Title 22 CCR Section 7636.3. The total number of staff shall be based on the method and level of services provided, and size of the service area.

6.10.2. Notification of staffing and program changes shall be made to the COR within one business day when said changes will affect the delivery of services to the participants.

6.10.3. Contractor shall have a manager on staff who conducts the day-to-day management and administrative functions of the OCNP, and shall either:

6.10.3.1. Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years' experience as a food service supervisor, OR

6.10.3.2. Demonstrate experience in food service, such as, but not limited to, cooking at a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty (20) hours specifically related to food service management, business administration, or personnel management at a college level. Prior to completion of meeting the hours, this individual's performance shall be evaluated through quarterly monitoring by a registered dietitian, OR

6.10.3.3. Two years' experience managing food services. Such experience shall be verified and approved by a registered dietitian prior to hire.

6.10.4. Preference shall be given to hiring older adults subject to the qualifications of the position.

6.10.5. Volunteers shall be recruited and used in any phase of program operations where qualified.

6.10.6 Contractor's staff and/or volunteers providing meal delivery or transportation services shall possess a current and valid driver's license issued by the State of California, and Contractor shall maintain a copy(ies) of said licenses on site for review by COR. Drivers shall maintain the appropriate type of California license for the type and size of the vehicle being driven to transport passengers.

6.11. Staff and Volunteer Orientation and Training.

6.11. l. All contractor staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks per Title 22 CCR 7636.5.

6.11.1.1. A minimum of four (4) hours of staff training shall be provided annually to paid and volunteer staff. At a minimum, training shall include:

6.11. I. I. I. Food safety, prevention of foodborne illness, and Hazard Analysis and Critical Control Point (HACCP) Principles.

6.11.1.1.2. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures.

6.11.1.2. Attendance records shall be maintained and on file. Contractor training sessions shall be evaluated by those Exhibit A-Statement of Work Contract 570898-00

Page 27 of 106 ends

COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A-STATEMENT OF WORK
receiving the training through a smvey. The smvey shall be available to the COR for review upon request.

6.11.1.3. An annual written training plan shall be developed, implemented and maintained on file by the contractor.

The training plan shall identify who is to be trained, who will conduct training, duration of training, content, date scheduled and an evaluation su1vey. The training plan shall be submitted to the Registered Dietitian no later than ninety (90) days after the effective date of this agreement and no later than ninety (90) days after the start of each contract year.

6.11.1.3.1. The County's Registered Dietitian shall review and approve the content of the training prior to presentation.

6.11.1.4. Contractor shall conduct as needed or additional trainings responsive to monitoring findings in a timely manner after notification of the finding and submit training documentation to the County's Registered Dietitian.

6.11.2. Contractor shall train staff to identify and report any suspected elder and dependent adult abuse pursuant to Welfare & Institutions Code (\VIC) Section 15600 et seq. Suspected incidents of abuse shall be im111ediately reported to the County at 1-800-339-466 I; followed by a written report (within two (2) working days) to Adult Protective Services, 5560 Overland Ave, Ste. 310, San Diego, CA 92123.

6.11.3. Contractor's staff, volunteers and subcontractors handling confidential, sensitive and/or personal identifying information shall complete the required California Department of Aging (CDA) Security Awareness Training module located at https://aging.ca.gov/lnformation security/ within thirty (30) days of the start date of this agreement and within thirty (30) days of the stai1 date of any new employee, volunteer or subcontractor. Contractor shall maintain Certificates of Completion on file and provide the111 to the COR upon request.

6.12. Cultural Competence and Diversity. Contractor shall support the County of San Diego Health and Human Services Agency, Aging & Independence Services through organizational and systematic practices demonstrating cultural competence and diversity. Contractor shall have an employee training plan that addresses these co111petencies and shall provide a copy to the COR annually.

6.13. Holidays. A maximum of twelve (12) recognized holiday closings will be allowed per year. A holiday schedule must be submitted to the COR at the beginning of each contract year for pre-approval, no later than thirty (30) days after the start of the new contract year. Additional closures will be reviewed on a case-by-case basis and require a minimum of thirty (30) days advance notice to the County.

6.14. Funding Components and Fiscal Terms and Conditions: The OCNP is funded by the following components and follow the fiscal terms and conditions listed below:

6.14.1. Older Americans Act (OAA)/California Department of Aging (CDA) Title HI Allocation. This funding is allocated as follows:

6.14.1.1. State of California Title Ill C Funding Stream. This is the fixed supplemental rate dollar amount for a por1ion of meal costs. Payments are monthly compensation payments to Contractor for the provision of meals according to Exhibit A and Exhibit C.

6.14.1.2. State of California Title Ill B Funding Stream (Transportation to Congregate Meal Sites). This is the fixed supplemental rate dollar amount for a portion of Contractor's transportation costs. Payments are monthly compensation payments to Contractor for the provision of transportation (one-way trips) se1vices according to Exhibit A and Exhibit C.

6.14.2. Nutrition Services Incentive Program (NSTP). This is the fixed supplemental rate dollar amount for incentive payments from the NSIP. NSIP payments are monthly incentives based on the number of meals se1ved per Exhibit C - Pricing Schedule. This amount will be determined annually by the County, based on funds received from the State and Contractor's prior year's perfor111ance (i.e., meals served). NSIP funds shall only be used to purchase food to be used in the OCNP and not to meet cost sharing or to 111atch funds for any other federal program.

6.14.3. One-Time-Only (OTO) Funding. OTO funds are based on funds received from the State of California and are one time monetary awards for increased meal allotment or the purchase of equipment to enhance the delivery of services to the eligible population. The purpose of the OTO funds will be determined by the County. Pending availability of OTO funding, Contractor shall document, in writing, the need for additional service units and/or equipment.

6.14.3. I. Contractor shall obtain written pre-approval from COR prior to starting any procurement process to purchase equipment.

6.14.3.2. Contractor shall procure the goods or services by utilizing competitive measures and provide documentation of receiving three (3) or more quotes to substantiate fair and reasonable pricing. County will rei111burse costs upon submission of receipts with the invoice in the 111onth following the 111onth in which the expenditure(s) occurred.

6.14.4. Contractor's progra111 inco111e. Program income means revenue generated by the Contractor fro111 contract supported activities and 111ay include:

6.14.4.1. Volunta1y contributions received from a participant or other party for se1vices received.

6.14.4.2. Income from usage or rental fees of real or personal property acquired with grant funds or funds provided under this Agreement.

Exhibit,\ -Slalcmtnl of Wol'k

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COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A -STATEMENT OF WORK

6. I 4.4.3. Royalties received on patents and copyrights from contract supported activities.

6. I 4.4.4. Proceeds from the sale of items purchased under a CDA contract agreement. No equipment purchased with CDA funds will be sold without preapproval from the County and the CDA.

6. I 4.4.5. Contractor shall not receive funds from another source for the cost of the same meal, equipment, or services [2 CFR 200.403(f)][45 CFR 75.403(f)] and OAA Title VI. In order to avoid duplicate reimbursement, Contractor shall not claim the cost of the same meal, equipment or services from another funding source.

6.14.5. Contractor's other revenue, such as fundraising and other donations. The fixed supplement rates are determined to offset the cost of providing services based on and subject to availability of funds from the State of California, California Department of Aging (CDA). Said compensation is not designed to fully fund the OCNP. Funding provided by County is only intended to supplement meal cost.

6.15. Contractor shall comply with the Division of Occupational Safety and Health (Cal/OSHA), Department ofindustrial Relations requirements (https://www.dir.ca.gov/doshQ regarding staff and participant safety. All Contractor facilities are subject to inspection and approval by the County's Registered Dietitian and Department of Environmental Health.

6.16. Contractor shall make available County-supplied SNAP/CalFresh program information to all program participants.

6.17. Waitlist. Contractor shall maintain policy and procedures for a waitlist. The policy and procedure shall include prescreening individuals to determine eligibility, managing applicants' placement on and removal from the waitlist, periodically reviewing the eligibility and identified needs of applicants on the waitlist, and assigning priority for enrollment based on greatest need.

6.17.1. A waitlist shall only be implemented when contractor projects to serve over the contracted amount allocated in Exhibit C. Contractor shall provide written notification to the COR within one business day prior to establishing a waitlist and provide the following:

6.17.1.1. Justification as to why eligible individuals are being placed on waitlist.

6.17.1.2. Justification of the ranking of the eligible individual placement on the waitlist, in accordance with Contractor's established policy.

6. I 8. Match. Contractor shall provide a minimum of an eleven point eleven percent ( 11. I I%) match for OCNP costs in cash or in kind contributions. In-kind contributions are defined as the value of non-cash contributions donated to support the project or program (e.g., property, service, etc.). Voluntary contributions for meals served shall not be counted as part of the Contractor's match.

6.19. Equipment. Contractor shall maintain an inventory list of County funded equipment. The inventory list shall be made available for the COR upon request.

6. I 9.1. Contractor shall ensure that the CDA inventory process is followed for all Title III funded equipment.

6.20. Vehicles. Contractor shall provide their own vehicles to deliver meals and/or transportation services unless vehicles are provided by the County. Vehicles may be provided by the County through this Agreement based on need and the availability of funding but are not guaranteed. Contractor shall comply with all rules and regulations of the State of California Department of Motor Vehicles, the California Code of Regulations, the California Retail Food Code, Exhibit B -Insurance Requirements, Exhibit B-1 -Vehicle Usage Agreement and a separate usage, maintenance, and operations agreement which shall be incorporated herein (if using a vehicle provided by the County).

6.21. Sustainable. Equitable. and Local Food Sourcing Program:

6.21.1. On January 25, 2022, the San Diego County Board of Supervisors directed implementation of a Sustainable, Equitable, and Local Food Sourcing Program, with the goal of ensuring that food purchased by the County's food service operations is in alignment with the values of sustainability, local sourcing, and equity within San Diego County's food system. Values-based food procurement aligns with identified value areas such as:
• Local Economies -Suppor1 diverse, family and cooperatively owned, small and mid-sized agricultural and food processing operations within the local area or region.
• Environmental Sustainability -Source from producers that employ sustainable production systems to reduce or eliminate synthetic pesticides and fertilizers; avoid the use ofhonnones, routine antibiotics, and genetic engineering; conserve and regenerate soil and water; protect and enhance wildlife habitats and biodiversity; and reduce on-farm energy and water consumption, food waste and greenhouse gas emissions. Reduce menu items that have high carbon and water footprints, using strategies such as plant-forward menus that feature smaller portions of animal proteins in a supporting role.

Exhibit A -Statement or Work Page 29 of 106
Contract 570898-00
COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A -STATEMENT OF WORK
• Valued Workforce -Source from producers and vendors that provide safe and healthy working conditions and fair compensation for all food chain workers and producers from production to consumption. • Animal Welfare -Source from producers that provide healthy and humane conditions for farm animals. • Nutrition -Promote health and well-being by offering generous portions of vegetables, frnit, whole grains, and minimally processed foods, while reducing salt, added sugars, saturated fats, and red meat consumption and eliminating artificial additives.

6.21.2. This program relies on the collection and assessment of food procurement data coupled with the implementation of action plans to shift public funding to meet these goals. Organizations contracted to serve more than I 00,000 meals annually through the Older Californians Nutrition Program shall partner with the County to develop an annual action plan for values-based food procurement incorporating goals in the value areas defined in Section 6.21. I. County shall offer opportunities for beneficial collaboration and contractor participation is encouraged.

7. Specific Requirements of the Program

7.1. Contractor shall enroll the maximum number of eligible older adults to provide the services listed in Exhibit C.

7.1.1. Congregate Meals: Meals shall be served onsite in a congregate setting a minimum offive (5) days per week that is open and accessible to the public. A lesser delivery frequency must be approved in advance by the County. Contractor may serve more than one (I) meal per day if approved in advance by the County. If the program provides two (2) meals per day, the second meal shall be different from the first meal.

7.1.2. Transportation to Congregate Meal Sites: Contractor shall count each trip to or from a congregate meal site for participation in the meal program as a one-way trip. One trip shall equal one unit of transportation.

7.2. Assessments.

7.2.1. Contractor shall complete an initial client assessment to determine the eligibility of participants and collect all CDA required client demographic and nutrition assessment data. County will provide sample intake forms with required demographic data to be collected. All assessments shall be made available to the COR and the County's Registered Dietitian upon request.

7.2.2. Congregate Meals:

7.2.2.1. Contractor shall complete a reassessment on an annual basis prior to or on the date of the original assessment.

7.2.3. Transportation to Congregate Meal Sites:

7.2.3.1. Contractor shall complete a reassessment on an annual basis prior to or on the date of the original assessment.

7.3. Meal Service.

7.3.1. Congregate Meals:

7.3.1.1. Contractor shall post congregate dining site location(s), days of service, hours of service and type(s) of meal served (breakfast and/or lunch) on Contractor's website.

7.3.1.2. Contractor shall post monthly menus at each congregate site in a location easily seen by participants. Menus shall be legible and in the language of the majority of the participants. Daily meal(s) shall match the County's Registered Dietitian approved menu.

7.3.1.3. Contractor shall ensure services provided meet the linguistic and cultural needs of the participants, when feasible and appropriate.

7.3.1.4. Contractor shall ensure water is readily available to participants during meal service.

7.3.1.5. Contractor shall have a paid staff member or a trained volunteer responsible for the day-to-day activities at each site and be physically present on site during the time nutrition program activities are taking place.

7.3.1.6. Contractor shall have a clear sign-in process utilized at each meal. Eligible participants under (60) years of age shall be recorded separately or in a way that clearly indicates they are under sixty (60) years of age.

7.3.1.7. Contractor shall ensure that each congregate meal site has equipment, including tables and chairs that are sturdy and appropriate for older individuals. Tables shall be arranged to assure ease of access and encourage socialization. (Title 22 s7638. I (b)(3).

7.3. I .8. All sites must be ADA accessible, and contractor shall ensure that individuals with ADA accessibility requirements are not excluded from, or restricted in, participating in the program. Accommodations shall be made for individuals with ADA accessibility requirements. Americans with Disabilities Act (ADA) regulations and design can be found at https://www.ada.gov/.

7.3.2. Transportation to Congregate Meal Sites:

Exhibit A-Slalemenl of Work

Page 30 of 106 ends

Conlracl 570898-00
COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A -STATEMENT OF WORK

7.3.2.1. Contractor shall post transportation service locations, days of se1vice, hours of service, and how an individual should request transportation services on Contractor's website.

7.3.2.2. Contractor shall ensure that staff and/or volunteers providing transpo11ation services possess a valid Driver's License issued by the State of California, and Contractor shall maintain a copy of the license on site for review by COR. Drivers shall maintain the appropriate type of California license for the size vehicle used to transport food and comply with the State of California, Depa11ment of Motor Vehicle requirements.

7.3.2.3. Contractor shall have a clear process for documenting a trip to or from a congregate meal site per client, and date and time of se1vice.

8. Data Collection and Reporting Requirements

8.1. Contractor shall submit a claim form and a summary of supporting documentation (format approved by the County) to the COR at A [email protected] on or before the 15th of the following month per the Statement of Work and Exhibit C-Payment Schedule; with the exception of the June invoice, which shall be submitted in accordance with the fiscal year-end deadline communicated by the COR.

8.1.1. Contractor shall track and repor1 all service unit delivery data on an ongoing basis. Service units include daily meal counts per participant, nutrition education provided, and transportation units provided.

8.1.2. Contractor shall provide required data collected through County-approved electronic database software, including all specified data points (se1vice units), assessment and demographic information. Data must be accurately entered no later than the date the invoice is submitted for reimbursement per 8.1. above.

8.1.3. Contractor shall submit specified data, including demographic data, for each participant in accordance with current CDA guidance. Aggregate data will not be accepted. Contractor shall utilize the existing data system, specified by the County, to enter the required data. County will provide sample intake forms with required demographic data to be collected.

8.1.4. Contractor shall report program income, in-kind and cash match monthly and annually.

8.1.5. Contractor's reporting per 8.1. above must satisfy requirements of the California Aging Reporting System (CARS) as specified at: https://www.aging.ca.gov/Providers and Partners/Area Agencies on Aging/CARS/

8.2. Detailed Budget. Contractor shall use the OCNP Detailed Budget Templates to submit a detailed budget with line items to the COR on an annual basis no later than July I st of each fiscal year.

8.3. Contractor shall submit a completed report of actual costs expended for each service category at the end of each contract fiscal year for the term of the contract, as requested by the County, in the form and format as provided by COR.

8.4. Customer Satisfaction Survey. Contractor shall:

8.4.1. Contractor shall develop and submit an annual customer satisfaction survey ("survey") to the COR for review and approval no later than sixty (60) days after the effective date of this agreement and no later than sixty (60) days after the start of each contract year.

8.4.1.1. The survey shall include, at a minimum, the following:

8.4.1.1.1. Address outcome objectives specified in 2.1.

8.4.1.1.2. A provision for participant comments in every su1vey.

8.4.1.2. Contractor shall conduct the survey, compile the data, and submit report findings to the COR within sixty (60) days from the survey's initiation.

8.4.1.3. Contractor shall specify the total number of customers who responded to the smvey compared to the total number of customers served.

8.5. Organizations contracted to serve more than I 00,000 meals annually through the Older Californians Nutrition Program shall collect and submit to the County an annual purchasing data/usage report for all food and beverage procurement for County review and approval of completeness, in support of the Sustainable, Equitable, and Local Food Sourcing Program. The annual purchasing data and usage report shall include the following, as applicable:

8.5.1. Time period of purchase

8.5.2. Farm name, manufacturer, and/or brand name

8.5.3. Production location at the city level

8.5.4. Vendor code/SKU

8.5.5. Manufacturer code

8.5.6. Product description

8.5.7. Pack size

8.5.8. Quantity and unit of measurement

8.5.9. Unit price
Exhibit A-St:1tc111cnt of Work Contract 570898-00
Pagr JI of 106

9. 8.5.10.

8.5.11. 8.5.12.

8.5.13. COUNTY CONTRACT NUMBER 570898

AGREEMENT WITH THE CITY OF SAN MARCOS FOR

OLDER CALIFORNIANS NUTRITION PROGRAM

EXHIBIT A -STATEMENT OF WORK
Total spend on item
Weight, in pounds, per item
Total weight, in pounds
and any other relevant data requested by the County
Access to reference and resource documents

9.1. Contractor shall develop and maintain nutrition policies and procedures and meet the nutrition and food service standards that apply to the OCNP. Regulation websites are as follows:

9.1.1. California Code of Regulations Title 22, Division 1.8:
https://www.aging.ca.gov/Providers and Partners/Area Agencies on Aging/Law and Regulations/

9.1.2. California Retail Food Code (CRFC):
h tips:/ /www. sand iegocou nty .gov/con ten t/dam/sdc/ deh/fhd/food/pd f/pub Ii cat ions_ cal code. pd f

9.1.3. California Welfare and Institutions Code:
https://www.aging.ca.gov!Providers and Partners/Area Agencies on Aging/Law and Regulations/

9.1.4. Administration for Community Living -Older Americans Act: https://acl.gov/about-acl/authorizing-statutes/older- americans-act

9.1.5. California Department of Aging Program Memos: https://aging.ca.gov!Program Memos/

9.1.6. Occupational Safety and Health Administration (OSHA): https://www.osha.gov/laws-regs

9.1.7. Dietary Guidelines for Americans 2020-2025 (DGA): https://www.dietaryguidelines.gov/resources/2020-2025-dietary guidelines-online-materials

9.1.8. Contractor shall comply with all federal, state, and local laws and all applicable regulations, standards and policies and shall keep in effect any and all licenses, permits, notices, and certificates, as required.

9.2. Links to authorizing statutes and Federal and State regulations: California Welfare and Institutions Code; California Code of Regulations (CCR), Title 22, Division 18, California Department of Aging; California Retail Food Code; Older Californians Act; Older Americans Act; Code of Federal Regulations, United States Code, Title 42, chapter 35, Programs for Older Americans can be found on the California Department of Aging website at https://www.aging.ca.gov/Providers and Partners/Area Agencies on Aging/#pp-laws

9.3. Information about budget requirements can be found at the Federal Office of Management and Budget (0MB) Administrative and Cost Policy Circulars at https://ww,v.whitehouse.gov/omb/information-for-agencies/circulars/

9.4. California Department of Aging (CDA), information for programs and providers and Program Memos at https://aging.ca.gov!Providers and Partners/ Area Agencies on Aging/

9.5. CDA provides a Data Dictionaiy that is to be used in determining a Unit of Service. The Data Dictionary can be downloaded at https://aging.ca.gov!Providers and Partners/Area Agencies on Aging/#pp-planning

9.6. AAA Area Plan 2020-2024 for Senior Services for PSA 23 can be found at https://www.aging.ca.2ov/download.ashx?IEOrcNUVOzawwaOZExVnw0%3d%3d

9.7. Policies and Procedures are available for viewing at 5560 Overland Avenue, San Diego, CA 92123.

9.8. The County of San Diego identifies Aging & Independence Services as the County's community focal point designed to help older adults connect to services throughout San Diego County. Aging & Independence Services: 5560 Overland Avenue, San Diego, CA 92123; 800-339-4661.

Exhibit A -Statcmtnt of Work Contract 570898-00

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EXHIBIT A-1

CONTRACTOR'S

PROPOSAL
Pagr 33 of I 06
COUNTY OF SAN DIEGO -REQUEST FOR PROPOSALS (RFP 12715)

HEAL TH AND HUMAN SERVICES AGENCY

OLDER CALIFORNIANS NUTRITION PROGRAM
PROPOSAL COVER PAGE (PC-600)

SUBMITTAL INFORMATION
Submit this Completed Form as the Cover Page of Proposal

DESCRIPTION
Request for Proposals (RFP) 12715 OLDER CALIFORNIANS NUTRITION PROGRAM Indicate with an "X" the Lot that you are proposing.

A separnte proposal is required for each Lot:

X LOT I: Congregate l\'leals -North Inland X
North Coastal - North Central - East
Central - South -
-
LOT 2: Trnnspo1·tation to Congregate Meal Sites
North Inland - Nm1h Coastal - Nm1h Central - East - Central - South - -LOT 3: To-Go Meols
Nm1h Inland - No11h Coastal - No11h Central - East - Central - South - LOT 4: Home Dellvel'e(I Meals -No11h Inland - North Coastal - North Central - East - Central - South -

OFFEROR INFORMATION /TO BE COMPLETED BY OFFEROR)
Please Tvne or Print Clearly

BUSINESS INFORMATION
City of San Marcos
Company/Organization Name
1 Civic Center Drive, San Marcos, CA 92069
A(io/e'oi 144 • 1050
Telephone Number
www.san-marcos.net
Website Address
( 2
RFP 12715 OLDER CALIFORNIANS

NUTRITION PROGRAM

REPRESENTATIVE AUTHORIZED TO SIGN OFFER
Buck Martin
Authorized Representative Name
Parks & Recreation Director
Authorized Representative Title
[email protected]
Authorized Rev.resentative Email Address
( (760))7 411-9000 ext 3502
Authorized Representative Telephone Number
16 of68

Page 34 of 106 ends

COUNTY OF SAN DIEGO -REQUEST FOR PROPOSALS (RFP 12715)

HEALTH AND HUMAN SERVICES AGENCY

OLDER CALIFORNIANS NUTRITION PROGRAM
Fax Number (optional) Authorized Re resentative Maifin Address

AUTHORIZED POINT OF CONTACT (POC)
if different from Authorized Re resentntive
Kimberly Valdovinos
POCName
POC Title
County communications to Offeror regarding this RFP will be sent to the POC. Ifno POC is provided, such communications will be 111 Richmar Avenue, San Marcos, CA 92069 sent to the Authorized Representative.

POC Mailin Address

SIGNATURE
I certify under penalty of pe1jt ) under the laws of the State of California, that I am authorized to execute and submit this proposal on behalfofthe ffi r r listed above; that all of the RFP instructions and rules, exhibits, addenda, explanations, and any other informati01 i e the County, including but not limited to, the diligence material, has been reviewed, understood and co 1 ; nd that all information in this submission is true, correct, and in compliance with the terms of th,RFP. /{2 /;1 k-o
PC 600 Form (PC-600p) Rev. 03-16-2021
RFP 12715 OLDER CALIFORNIANS

NUTRITION PROGRAM
Date ) 1
17 of68
Page JS of I 06
County of San Diego
Department of Purchasing and Contracting

REPRESENTATIONS AND CERTIFICATIONS
The following representations and certifications are to be completed, signed, and returned with the offer (the term "offer" Includes a bid, proposal, quote, statement of qualifications, or any other submission to provide goods and/or seivlces).

1. BUSINESS TYPE 4.2.3 Are proposed for debarment by any state, local, or federal 0 For-profit D Non-profit [j) Government department or agency.

2. INTERLOCKING DIRECTORATE 4.2.4 Have a judgment rendered against them by a body In accordance with Board of Supervisors Policy A-79, Offeror described in 4.2.2 that is unsatisfied. certifies it is not a non-profit that has entered into a subcontract 4.2.6 Have within a three (3) year period preceding this relationship with a related for-profit entity where an interlocking certification (i) been found in violation or had a judgment directorate, management, or ownership relationship exists, except rendered against them resulting from the type of as disclosed on an attached list. All awards of contracts disclosing investigation, accusation, or charge described in 4.2.2 or (ii) such relationships must be approved by the Board of Supervisors. had one or more public transactions (federal, state, or local) List Attached? Yes D terminated for cause or default.

3. BUSINESS REPRESENTATION 4.2.6 If Offeror is unable to certify any of Sections 4.2.1 through Offerer represents as a part of this offer the following information 4.2.5, it certifies that it has disclosed and attached to this regarding the ownership, operation, and control of its business: Representations and Certifications the reason(s) it cannot

3.1. Are you a local business with a physical address within do so. The disclosure must include the Section(s), specific the County of San Diego? [j) Yes D No relevant facts including dates, contracts, individuals

3.2. Are you certified by the State of California as a: involved, status of actions, and any other relevant □ Disabled Veteran Business Enterprise (DVBE) information that prevent it from making the requested Certification#: certification(s). The County reserves the right to disqualify an Offeror based upon information disclosed.

D Small Business (SB, SB-PW, MB, etc.) Disclosure Attached? Yes D Certification#: _____________ 6. RELATED WORK

3.3. Are you certified by the federal government as a: Offerer certifies to the best of its knowledge that, other than as D Veteran Owned Small Business (VOSB) disclosed in an attached separate sheet, it and its proposed Certification # ______________ subcontractors, agents, and consultants have not previously 0 Service Disabled Veteran Owned Small Business contracted with the County to perform work on or related to this project (SDVOSB) (e.g. preparing related studies or recommendations, components of Certification# ______________ the statement of work, or plans and specifications).

3.4. Estimated percentage of work in this offer to be performed Disclosure Attached? Yes D or fulfilled locally (within the geographic boundaries of the 6. CURRENT COST OR PRICING County of San Diego):. ___________ % Offeror certifies to the best of its knowledge that cost and/or pricing

4. DEBARMENT, SUSPENSION, AND RELATED MATTERS data submitted with this offer, or specifically identified by reference

4.1. Offeror certifies to the best of its knowledge that neither it nor if actual submission of the data is impracticable, are accurate, any of its officers: complete, and current as of the date signed below.

4.1.1. Are presently debarred, suspended, declared ineligible, 7. INDEPENDENT PRICING or voluntarily excluded from covered transactions by Offeror certifies that in relation to this offer:
any state, local, or federal department or agency. 7.1. The prices in this offer have been arrived at independently,

4.1.2. Have within a three (3) year period preceding this without consultation, communication, or agreement, for the certification been convicted of, or had a civil or purpose of restricting competition, as to any matter relating to administrative judgment rendered against them for, the such prices with other offerers, with any competitors, or with commission of fraud or a criminal offense or civil action any County employee(s) or consultant(s) involved in this or in connection with obtaining, attempting to obtain, or related procurements; performing a public (federal, State, or local) transaction; 7.2. Unless otherwise required by law, the prices that have been violation of federal or State anti-trust statutes or quoted in this offer have not been knowingly disclosed by the commission of embezzlement, theft, forgery, bribery, Offeror and will not knowingly be disclosed by the Offeror prior falsification or destruction of records, making false to opening, in the case of a bid, or prior to award, in the case statements, receiving stolen property; physical, financial of a proposal, directly or indirectly to any other Offeror or to or sexual abuse or misconduct with a patient or client, any competitor or with any County employee(s) or or medical negligence or malpractice. consultant(s) involved in this or related procurements; and

4.2. Except as allowed for in Section 4.2.6, Offeror hereby 7.3. No attempt has been made or will be made by the Offerer to certifies to the best of its knowledge that neither it nor any of induce any other person or firm to submit or not to submit an its officers: offer for the purpose of restricting competition.

4.2.1 Are presently indicted for or otherwise criminally or 8. ADDITIONAL DISCLOSURES civilly charged by a government entity (federal, state, or Offerer shall report in writing to the County Department of Purchasing local) with the commission of any or the offenses and Contracting within five business days of discovering or having enumerated in paragraph 4.1.2 of this certification. any reason to suspect any change in status as certified in the

4.2.2 Are presently the target or subject of any investigation, preceding paragraphs. Upon County's request, Offeror shall provide accusation, or charge related to the conduct of business additional information supporting Offeror's Representations and by any federal, state, or local agency or law Certifications. Offeror's obligations under this Section 8 shall continue enforcement, licensing, certification, labor standards, until Offeror is no longer under consideration for award of a contract, occupational safety, ethics, or compliance body. or until t tmination or expiration of any resulting contract(s).

CERTIFICATION
The information furnished in Paragraphs 1 through 8 and in the accompanyi rtified to be factual and correct as of the da and this certification is made under penalty of perjury under the laws of th ifor ia.

Name: Buck Martin Signature: ------lf.Z.~~fC-----------Date:._,.JC.+-<~r..+---SL-:c...:

Tille: Parks & RecreaUon Director
Revised 9.30.2022
18 of68

SUBMIT THIS FORM AS DIRECTED IN THE SOLICITATION DOCUMENTS OR WITH THE OFFER Pagt 36 or I 06
COUNTY OF SAN DIEGO-REQUEST FOR PROPOSALS (RFP 12715)

HEALTH AND HUMAN SERVICES AGENCY

OLDER CALIFORNIANS NUTRITION PROGRAM

DVB SUBCONTRACTOR PARTICIPATION SUMMARY
This DVB Subcontractor Participation Summary is required to document Bidder's/Offeror's (Offeror) compliance with the DVB participation goals set forth in Board Policy B-39a.

All Offerors must comnlete this section
Offeror: . City of San Marcos
Offeror's Representative: B k M 1. uc ar in
Exemntions f comnlete only if Offeror qualifies for one of the exemntions below) Offeror is exempt from DVB Subcontractor Participation Requirements in accordance with Board Policy B-39a because Offeror is a:

I { I Government agency
D Nonprofit organization
D Small Business Enterprise (SBE), pursuant to Board Policy B-53 State of California small/micro business certification#: _______ _ D Veteran Owned Business (VOB), pursuant to Board Policy B-39a VOB status due to certification as a:

D DVBE -State of California ce,tification #: _______ _
0 VOSB -U.S. VA certification#: _______ _
0 SDVOSB -U.S. VA certification#:

DVB Comnliance <comnlete ifOfferor claimed no exemntion above) D Offeror will self-perform 100% of the services.

D Complete and attach DVB Subcontractor Participation Plan D Complete and attach Documentation of Good Faith Effort (Optional if Offeror has met or exceeded the 3% DVB Subcontractor Participation goal)
Offeror must provide additional supporting documentation upon request.

THIS FORM SHALL BE SUBMITTED WITH PROPOSAL ON THE DUE DATE RFP 12715 OLDER CALIFORNIANS

NUTRITION PROGRAM
21 of68
Pagt 37 of 106
Table of Contents
RFP 12715 Required Documents
PC 600 Form

1. 1.1.

1.a.i.

1.a.ii.

1.a.iii.

1.a.iv.

1.a.vi.

1.b.

1.c.

1.d.

1.e.

1.f.

1.g.

1.h.

1.i.

1.j.

1.k.

1.2. 1.3.

1.4. 2.

2.1. 2.2.

2.2.1. 2.2.1.

2.2.1. 3.

3.1. 3.2.

3.3. 3.3.

4. 4.1.

5. 5.1.

5.2. 6.

6.1. 6.2.

Representation and Certification Form
DVB Forms
Program Design and Approach
Lot I Congregate Meals
Provision of Service to Target Population
Dietary Guidelines
Meal Planning Template (RFP 12715 Attachment 2)
Cultural and Ethnic Dietary Needs
Congregate Meals (Lot 1)
Participant Eligibility
Job Descriptions
Continuity of Meal Services
Annual Training Plan (RFP 12715 Attachment 3)
Nutrition Education
Grievance Policy
Voluntary Contributions
Implementation Plan
Equipment/ Vehicles
Proposed Facility Sites
Subcontract with Community-based Organization
HHSA Linguistic and Cultural Diversity Plan
Quality Control
Organizational Capability, Experience and Qualifications Last Five (5) Years
Business References
Reference #1
Reference #2
Reference #3
Organizational Stability and Risk
Fiscal Solvency
Performance
Lawsuits and Pending Litigation
Attorney Letter
Performance Mapping and Metrics
Data Collection
Pricing
Pricing Schedule
Start-up Funding
Acceptance of Terms and Conditions and Insurance
Confirmed Acceptance
Byrd Anti-Lobbying Amendment Certification

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Table of Contents
Exhibit A Statement of Work
Exhibit B Insurance Certification
Exhibit C Pricing Schedule
Appendix 1 Sample Menu Graphic
Appendix 2 Kitchen Manager Certifications/ Health Permits Appendix 3 Subcontractor Contract Congregate Meals
Appendix 4 Subcontractor Contract Transportation
Appendix 5 Reserve Policy
Appendix 6 Senior Nutrition Grant Fund
Appendix 7 Un-Audited Financial Statements
Appendix 8 Last Three (3) Years Annual Financial Reports (separate attachment) Appendix 9 Organizational Chart
Pagt 39 of l06

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PROJECT NARRATIVE/ PROGRAM EXHIBIT

1. Program Design and Approach
The City of San Marcos, on behalf of its Senior Activity Center and its Senior Nutrition Program, respectfully submits this proposal to provide Congregate Meals to HHSA North Inland Region residents, as well as Transportation for seniors living within City of San Marcos boundaries. Per RFP 12715 requirements, the mandatory Letter of Intent (using RFP 12715 Attachment 11 Template) was submitted October 9, 2023. The Senior Activity Center has had the privilege of providing these services for more than 35 years. As a current Senior Nutrition Program contract holder with the County; the City would be honored to continue to serve local seniors by providing them access to nutritious meals, helping them reduce social isolation, and by improving their quality of living through healthy eating. For purposes of this narrative, from here on the proposed program housed at the Senior Activity Center will be referred to as "the Program."

1.1. Lot 1 Congregate Meals: The City of San Marcos is a current contractor with the County of San Diego for Congregate Meals with Transportation and has read, understands, and accepts the Exhibit A -Statement of Work (SOW). a. The Senior Nutrition Program consists of a nutritious lunch served at 11:30 AM every weekday (Monday through Friday), excluding twelve (12) pre-approved holidays. The City of San Marcos is closed between the Christmas and New Year's so on three (3) days in December (usually Fridays), frozen To Go meals are sent home with Program participants. Transportation to and from the Center is available to any eligible senior residing in San Marcos. Companions or caregivers are also eligible for transportation services.

Program participants are asked to sign-up for lunch and transportation services by 2 PM the day before dining.

Three extra meals are ordered each day to accommodate walk-ins. Once walk-in meals have been taken, guests are placed on a "wait list" until 11:45 AM at which time "no show" meals are given to guests on the "wait list".

When "wait list" guests are accommodated, remaining meals are offered to non-senior volunteers if doing so will not deprive an eligible participant of a meal. The meal cost for guests under sixty (60) is posted on the menu and displayed at the check-in desk.

There is no cost for eligible individuals to participate in the Senior Nutrition Program, but they are given the opportunity to make an anonymous contribution in any amount at lunch check-in. For congregate meals, the suggested contribution for guests over sixty (60) is $4. For transportation round trip the suggested contribution is $1. The price per meal for individuals under sixty (60) is $7. All contributions are accepted and kept anonymous. No eligible individual is turned away for the inability to confidentially contribute. i. Provision of Services to Target Population: The City of San Marcos operates an established, successful, and culturally proficient Senior Nutrition Program, which provides congregate meal services at the Senior Activity Center, a smoke-free public facility and a County designated "Cool Zone". Transportation is also provided for San Marcos seniors no longer able to drive. In accordance with the Older Americans Act, the City's Senior Nutrition Program is specifically designed to serve individuals aged 60 years and above, with a concerted effort to serve those in "greatest economic and social need with particular attention to low-income minority older individuals and older individuals with Limited English Proficiency" per Title Ill C-1. Given The Senior Nutrition Program's home base (San Marcos) and service area (North Inland Region), the program's participants are reflective of the local demographics and target population. A demographic profile summary of San Marcos is provided in the table below.

Page 40 of 106 ends

1 Senior Population (60+ years)
Current Estimate (2019) 18,544
Projection (2030) 23,182
Race/Ethnicity (All ages)
White 43%
Hispanic, Black, Asian/Pacific Islander (API) Combined 52 % Other 5%
Poverty
Seniors (65 years) living 200% FPL (2021) 35%
Language (5+ years)
Monolingual Spanish speakers 9.8 %
Monolingual API language speakers 2.5 %
Data Source: San Diego Association of Governments /SANDAG} for age; County of San Diego HHSA Community Health Statistics Unit for race/ethnicity, poverty, and language.

Considering the above demographics and anecdotal evidence substantiated by current participants, seniors experiencing economic hardship and social need, including physical, mental, language, cultural, and geographic isolation are being served in our Senior Nutrition Program.

For over 35 years, the Senior Nutrition Program has been making a difference in addressing hunger and isolation that senior citizens are facing every day by offering them hot, nutritious meals in a congregate setting that they may not otherwise have access to if this program did not exist. To our knowledge, the next closest federally funded nutrition site is more than five miles away and would be a hardship financially and physically for seniors residing in the 92069 and 92078 area zip codes to participate considering the geographical distance.

All congregate meals are served at the Discovery Cafe located in the Senior Activity Center. The Center is within walking distance of city-owned affordable housing complexes and is home to low-income and elderly individuals, thus putting the Senior Nutrition Program within convenient proximity of target population members. Information about the Discovery Cafe are available in printed forms (e.g., flyers) and electronically (e.g., posted in the City of San Marcos' and County of San Diego's websites), thereby increasing community awareness about the Senior Nutrition Program. The program's intake and assessment procedures, described in later sections, help ensure that the individuals accessing Senior Nutrition Program services are primarily within the target population. ii. Dietary Guidelines for Americans The City of San Marcos Senior Nutrition Program staff works closely with the Chef at Essenco, Inc. (catered meal provider), the City of Vista and the City of Carlsbad (both contracted with Essenco, Inc.) respec tively to create nutritionally sound meals. The contract chef develops the initial monthly menu. Supervisors from Cities of Carlsbad, San Marcos, and Vista take turns ensuring that all meals are prepared in accordance with Title 22 Nutrition requirements and contain 1/3 of the Dietary Reference Intakes as established by the Food and Nutrition Board and comply with the Dietary Guidelines for Americans established by the Food & Drug Administration (FDA). The menu is sent to the County Registered Dietitian at least thirty (30) days in advance of menu implementation. Essenco, Inc. is required to report any deviations from the approved menu to the respective sites (sites will notify AIS) within one week, whenever possible.

Page 41 ends

111. Menu: Using the County's Meal Planning Template (RFP 12715 Attachment 2), the City is submitting a one-month menu below for the Congregate Meal Services. The menus comply with the County's Meal Content Requirements.

Week 1 2 3 4 EXHIBIT A, A·l ANDA·2-ATTACHMENT 2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH (4 Weeks) Pro)ocl: congregate■ Home-dt-fivero To-Go
MenuPaUem MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY (opton81)
Meal & Choeao Tllapla
Jaeger "hnllzel Laugna Provont-al

1.5 oz chk:ken Escalope of pork Chicken M,rula 2-3 oz ground slock150 Na Creole Boo! PROTEIN (rrinimum 2 oz. eqLiv81entl In• muthroom 3 oz chk:ken beef 60Na Ptppua. tomatoM, 2 oz. eqLiv. = 2 oz. meat or h81fcupboans sauce breast 82Na 3ozgroundbaaf61 olivn, capers 50Na 100gm Rlcotla (Uslporfon size& food comporo,nlsor all 3 oz pork 53Ha 1 oz mushrooms Na ChN .. ,80Na 3-4 oz Tllapla 65Na extended en~ees. e g .. casseroles) Sauce-from 1-2 oz chicken Tomaton, onlona, .5 oz mozzarvHa ■toc-k& 1eaaonloga 1SON1 aeasonlng1 -stock 100 Na 90 Na
200Na 3 oz Marinara
Sauce 22S Na 8C
YJC.UfMO
½C. Cabbage Beans, Carrot a, ½ c. Red Deana, ½ c. Spinach 12C ½ c. Broccoli & VEGETABLES' (1-2 s«\'ings) 17C oquHh, Red rlnaod 6C, 250Na Canota 30C Poootr 12c Hall cup cooked or t cup r&N leafy ½ c. BfoccoU 58C ½ c. Garbanzo vegelall4es ½c. Potatoo-t bunt w/ tomato, G ralln 12C 2"Na garlic & ho,b1
250lla SC
FRUITS ( t ,rn,Jng) ½ c. Poacho1 2C
Hall cup chopped or t medium In.it Apple SC Orange 5-8C ½ c. Applesouce 2C Banana SC GRAINS' c t-2 servings) ½ cup Noodles ½ c. >60% Mixed ½ c. WG Mixed Pilaf 1 slice bread,¼ cup rice or pasta 2◄N• WG Brood 130 Rica 12No WWbrnd 130Na 2"Na (at leastone-l1all ol servings shall be Na
Yitiole nralns\
DAIRY and SOY ALTERNATIVES( t 1% MIik 153mg
serving) NA; 2C; 153A
8 0lrrilk. yogun. or soy beverage or t½ 1¾ MIik 1% MIik 1% MIik 1% Milk ouncechee~
(Most choices fat-free or lo'N-fat)
~;~~~::/ments)
KEY NUTRIENTS 27c mg 82c mg 65c mg 28c rng 38c mg mg
Specify tolalmg ofvilarrine.µg olvllllTin '-lie '-Ile Vite Vile vite \lte Aln meals l'9 250A IJ\1 l'9 573A µg 250A l'9 l'9 SOdhrn (<760 ~hll""I average per.veek. Vil.A Vil A Vil A Vil A VII.A VII.A Urritmeels>t. mg soclumtooncep..-430 mg 501 mg mg U◄UJng mg 4◄1 mg wed<) 62<, Nil mg SOdlum mg Sodium rn• Sodium Sodlt111 Sodium mg SOdlum . NOTES. This menu paUcfn Is designed for a r.edenhvy. 70+ year old female Re.er to lhe Old« CDhfoOOll'.JS tiOil00 Pro9Ctrn MCOY C9dtoce for detwls.

OenoteVrtamln e SOcrce-25mg dally. end \ltamln A Sou-ce -233 µg threefimes perweec • 'USDA recommends e..Sng a variely ol vegetabtes. lnduding 811 Ave vegetable subgroL!)s Vfoekly (derl< green. red oronge. been~easAen~ls. starchy. otlle<) 'One half of 811 Br""d/Gralns rrust be vrhole grains. 1Use frutas • dessert as often as possll:le. llm/1 swttts -The In.II and grains served In dessert c1r1 co1>1ttowards the rut and/or grain requlremerit 10/24/2023

Page 42 ends

SUNDAY
(opt on al)
mg
vite
IJ\1
V1LA
mg
Sodium
3 Week 1 2 3 4 EXHIBIT A, A-1ANDA-2·ATTAOIMENT2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH (4Weeks) Projocl: C<>ngreg•itlll llome-<!Eilve<"1:) To•<[]
MenuPatltm MONDAY TUESDAY WEDNESDAY TliURSDAY FRIDAY SATURDAY (oplonal)
Boor Stew
Maple Bourbon 30ZBttl, Stir Fried Chlektn
PROTEIII (rrinlm<Mn 2 oz. eqlivolent) Glazed Chlcktn Onions, C.lory Port< loin with 3oz chkken 2 oz.eqliv. = 2 oz. meat orhalfc'-'>bems 3 oz chicken
61mg Na Swoot Chill Glazo 82N11 wl bean Homburg tr 4 oz beef (Ust portion size& food C001j)Olffl$Ola!I 8Vla t/4 C. Carrots 3-4 oz pork 5311• sprouts, bamboo burg or 7511•
e>teoded m~ees. e.g .. casseroles) 1C1110A ohoot• ... ..,n1ng1 2 oz Btof Stock 2-3 oz uuco 100 Na 1.5 oz chicken 115011• -100ma Na llock t50Na Y.c. Collard y, c. Parskrf ½ c. Green Berans·
Grten1wl Bacon PotatoH 12C 7C Y, c. Aslin Blond ½ c Potato Salad 10C VEGETABLES' (1-2 ser.1ngs) 100mg NIii I5g 1211• 22C
Holl cup cooked or I cup raw leafy bacon I 23C
vegelatlles ½cPeas& Y, c. Swoot Potatoeo 4 oz baked b .. n,, 2C; C.rrot17C 26C «oNa, 8F
Apple 8C Y, c. Applooauce 2C
FRUITS ( 1 serving) y, c. F,utt Banana 8C Orange 58C
Hall cup chopped or 1 medltrn lnJt CocldaU 2C
GRAINS' ( 1-2 servings) WholoWhe>t WW Brood 130 Na ½c. >60% WG 1 slice bceed, ¼ cup rice or pesta ½ c. Mbcod Rice B<Nd l30Na Mixed Rice 12111 1 Whttt Wheat Burger (etleost one-hall of servings shelf be IVI• Roll 250Na2F whole•ralnsl
DAIRY and SOY Al TERNATtVES ( t
se<Vlng)
8 ozrrilk. yo~ or soy beYe<age or I¼ I% MIik l53Na 1% Milk 1% MIik 1% Milk 1% Milk <H.Mlce cheese
(IAost choices lat-tee or low-fat)
~;~~::/monls)
KEY NUTRIENTS 25c mg 28C Vi~ 35C mg 30C mg 70C mg
\I~ Specify lotalmg olvi!allinC. 119 of \'llilrin \lt.C VllC VllC VitC Aln meals. 489A µg 374A l'9 595A l'9 ll9 l'9 µg
Sodltrn ( S760 mg,meel overage pe<wed<. Vil A Vil. A Vil A Vil A Vil A VilA Urritmeels>I.OOOmg soci11n lo OOQlpO' 497
Sodi~
45$ mg mg mg mg
week) mg mg Sodl11n 436mg Sodhrn 397mg Sodltrn 888Mg mg Sodium Sodium !\'OTES This m,nu pet!E<n Is d~gned lor o sedentary, 70+yeorold female. Re!E< lo fle rng..-C§l1!gmloo• ttaJlAD f'[ogrlO) L'aJY rugooce for deta!ls Oooole Vitamin C So11ce -25mg dally. eod Vitamin ASo11ce-23J ~ flree times per we<!<• 1 USOArecornmmds eofog a vanety of vegetobles. lncludlng ell Ave vegetable sut,gro'-"s weEl<ly (darl< greEO. red orange. beans/peosAentils. st,..chy, ofl«) 'One hell of ell B'ead/Grelns must be whole grains.
'Usefn.lit es o dessert es ollm os possH:ie. llmlt sweas -The fnJt end groins served In dess«tcan co<I\IIO'N,..ds fle tuit end/or grain reqlire<nent. 10/24/2023
Pagt 43 of I06
SUNDAY
(oplonal)
v;';1
l'9 VILA
mg
Sodl11n
4 Week 1 2 3 4 EXHIBIT A, A-1 ANDA-2-ATTACHMENT 2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH (4 Weeks) Ptojoc:1:

I
Cong,egole. Home--del1vere:[J To-c[]
Menu Patltm MONDAY TUESOAY WEDNESDAY THURSDAY FRIDAY SATURDAY (op,onel)
Tutkoy Chill
PROTEIN (mlnlnun 2oz. equiveknt) PHIO Chkkon 3oz ground Beel Bu1gundy 2 oz. equiv.= 2oz. meot or haU cup 3 oz chicken, 82Na lutkoy 80mg Na Poll< Zu,tch oi.. 3 oz beol 61 mg NA Thal Chicken Salad 2oz Tomato.a t,,.ns Pesto Crtam S1uoe 1S0Na, 6C, 3oz poll< 54Na Gravy made wl Boef 3 oz chkkon 82N• (Us! pot11a1 size& rood ccmponents 200Ha -baall 1C onk>na. Muthroom Cream stock HUCO -2 oz, Soy Glnge, limo of ell extended en~ees. eg, casserO:es) 'I. c. (81 gm) ChNM ½c. Kidney Sauco 100Na bacon. onk>ns, Droning 200 Ha Torte!Hnl 328 Na S..ana280Na. mushroom a 225 Na
2C
½c. FIGS1a ½ c. Rod Cabbogo 1 C. Carrolo, Rod
½ c. Spll\Oth 12C Com5C 20Cfromfrnh ½ c. Maahod Polatoea Poppe,a, ½ c. Tuscan White minimal Hit added toe, 24mg Na Cuc.umbtrt, Seana dl'alned, 2AN• Cabbage, Bok Choy,
1lnaod 175 Na Edamamo 20C VEGETABLES1(1-2 se<Vlngs) 1c. Spinach Hall cup cookc-<l or 1 cup ,ow leafy vegetatles Saladw/
Shroddod ½ c. Poaa & Cerrola Carrot• 12C 7C
2Tbap Honey
mutlud
dreulnn 195Na
FRUITS( 1 saving)
Half~-chonned or 1 medhin In.ii
½ c. Pin .. pple 12C Orange 58C Apple8C 1 banana 8C ½ c. M3ndarfn• 22C GRAINS' ( 1-2 ...vlngs) ½c.Mix~Rk• 1 slice bread.½ cup rice or pasta Ww Broad 130 Na & lentil Pil.ll ½c.WG Noodln WN Bteoo 130 Na Ya c. Mixed Brown (alleastone-hallofsEMngsshaJI be 24Na 12No Rleo 24Na ~tlole orafns, DAIRY and SOY Al TE.FINA TIVES
(1serv)
8 ozrrllk, yo~.orsoybev«oge or
1½ ouncecheese(Mostcholces fat-
1% MIik 114 Milk 1% M~k 1% MIik 1'4 Milk
free or low-fall
~;!-t"P~':,';,:/menls>
KEY NUTRIENTSSpecifylolalmg a 25C viTl TTC viTl 29C mg 25C mg •2c mg v::1 Vi!C Vi!C Vi!C vitamin C. µg olvltemin Aln meeis. µg µg µg µg IJ9 µg Sodit.m(s760mgrneel•v•g pe,wk. 573A VilA 250A Vil A Vil A 37•A 'ALA 250A Vil A Vil A Urrltmeals ~1.000mg sodium lo , ..... ... mg mg ... mg once pr wk) mn mg SodiLm mn Sodium 30mg Sodltrn mn mg Sodium "59mg mg Sodilm Sodium NOTES. This mEnupolle111 Is designed for a sedent,ry. 70+yeor old female. Refer lo 11\e OjdC( Caf1fomjll)s f:ta!IRD P[oQCIID MJ!OY GyJdll)pt for det.,;ls.

De'\ote Vitamin C Sou-ce -25mg daily. •nd V,lamin ASOu-ce-23J µg 11\reefimes pe,we<l( • 'USDArecommEnds ealng • vatiety of veg<lables. including all five vegetable subgro~s weel<ly (dark g,een, red orange. beMs/peasAenMs. st..-chy, 0111..-1 1 One half of en llreedA'.3ralns must be ~tiole grains. 'Use fruit as• dessert•• onEn •s possible. limit swe~s -The In.ii end grains served In dess«1 con co1>\1 low..-ds t,e fruit end/or grain tequlrement 10/24/2023
Page -1-1 of I 06
SUNOAY
(optional)
vi':'l
µg
Vil A
Sod~
5 Week 1 2 3 4 EXHIBIT A, A·lANDA-2 • ATTACHMENT 2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH(4 Weeks) Project: C4ngrega'III Hom&-<!diver~ To-1.J
Menu Patlern MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY (optionel)
Chicken wl Glng1<BNI brandied Spaghottl Porl<Cemhu
PROTEIN (IT'lnlrn<.m 2oz. eqLivalenl) tomato cream 3 oz beol, 61N• Putlaneaca .... ,1o., 2oz equiv.•2oz.meetorhallcupbeans
HUC4 glngor, garlic, 3-4 oz ground 3oz porl< 53 Na
(Ust portion size &food components of all 3 oz chicken scallions. b .. l & porl< 80N1 BBQ sauc. e>tended en~ees. e g .. cess«olE$) 82Na ½ c. cabbage 3 oz lomato aauce 2 oz bool gravy lhlnnod w~h 2 oz b,.ndled 17C with peppe1, oliwa 100H._ cooking liquid Cream Sauc. Beel stock 100Na & caporo 22511• 8C 1~•
115Na
Ya C. llalJan ½ c. BtoccoU & ½ c Peas & ½c. Corn &
Vogolableo 9C carrot, 30 y, c. Spinach 12C car,011, 7C Block BNnt •c VEGETABLES1(1-2 SEl'Vings) 225/la
Hall cup cooked or I''-" rawleo!y vegelable.s ½c. Chkkpoa & y, C. Mashed PolaloH 10C Tomato Stew 15Na • 12Na ~ .. 6C added
FRUITS ( 1 serAng I 'I, c. PlnNppl> '1,c. canned Y, c. Watermelon 7C Banana SC Banana 8C Half cup chopped or 1 medlun In.it 12C Pooches 2C GRAINs' ( 1-2 servings) ½e. Mixed
MulcanRlco I $11ceb<eed. ½cup rtceorpesta ½c.WG(51%) ½ C. >eo% Mixed ½ c. 51% WG Put• WN B<Nd 130N• 24Na (al leest one-half of serAngs shall be .. ti ore Pula 12na Rice 12Na 12Na Com Tortilla 11 groins) N• DAIRY and SOY ALTERNATIVES( 1 sEl'Vlng)
8 ozlrilk. yo~ O<SO'fbev«ageor 1½0\.llCe 111 MIik 1'4 M~k 1% Milk 1'4 Milk 1% Milk cheese (t/.ostcholcE$ fa~t.-eor low-fat)
~:~°l'.~::/ments)
KEY NUTRIENTS 28C mg o49C mg 31C mg 75C v,';1 62C mg
Specl!ylotalmg olvi'.arrinC. l'9 ofvilamnAln \11.C V.IC V.LC V.LC meals.
v..."i 250A l'9 573A l'9 374A µg µg
Sodl<rn (<760mgkntaf l'/Etage per w•ek. Vil A Vil A Vil A V,t A Unit meals ~1.000mg sodium to once per 362 mg mg mg mg mg weei<) mg So<!lum 326mg So<!lllll 6-IOmg Sodium 49()ng So<!lum e16Na Sodh.rn NOTES. This mErlUpatktn Is deslgne-:, for a Se<IMhvy, 70+yeerold fema!e. Ref« lo lheotdccQbfgmJWlS wri,oo Ptoaram Mcoy GudlOCC for de-tails.

Denole Vitamin C Soll'ce-25mg dolly, and V.latrln ASOll'ce-2331-9 llree Umes pe,we<k • 'USDA recommends t3'ng • varitly of vegetables. lnchJding afl lve vegetable sut,gro'4)s weEl<iy (darl< greEO, red on,nge. beans/peesAtobls. sl,..chy, ot,e,) 'One half of all Br"3d~alnsmust bev.tiofegralns.
'Usetruil as adE$s«1 es often as possible. limit sv.-e<is -The fn.0 and groins served In desse,tcan co1nl lo"N..-ds Ile fruit and/or grain requiremenl 10/24/2023
mg
\llC
1-9
VILA
mg
Sodium
SUNDAY
(optional)
mg
V.lC
l'9 Vil A
mg
So<llllll
iv. Cultural and Ethnic Dietary Needs -Program staff and the Chef at Essenco, Inc. put a lot of thought into each month's menu to reflect the cultural and ethnic dietary needs of participants. The menus include items from various cuisines around the globe as well as vegetarian options for those program participants that do not eat meat. v. Locally Grown Foods When feasible, Program staff works with caterer to use locally grown foods. For example, sourcing local fruits and vegetables produce for use in meals. vi. Congregate Meals (Lot 1) The Program consists of a nutritious congregate meal served at 11:30 AM every weekday (Monday through Friday), excluding twelve (12) pre-approved holidays. The City of San Marcos is closed between the Christmas and New Year's so on three (3) days in December (usually Fridays), frozen To Go meals are sent home with Program participants. These meals are cleared through the County COR prior to distribution. vii. Transportation (Lot 2) Not applicable, description of services provided in separate proposal. viii. To-Go Meals (Lot 3) Not applicable, the City of San Marcos will not provide to-go meals. ix. Home Delivered Meals (Lot 4) Not applicable, the City of San Marcos will not provide home delivered meals.

Page ~5 of 106
6 b. Participant Eligibility -Program participants must be aged sixty (60) or older to be eligible for the free Nutrition Program. Eligible participants must complete an annual assessment. Program staff monitor the annual assessment dates to remind and assist program participants with completing an updated assessment prior to the due date. The participant assessments are kept confidential in a locked file cabinet only accessible to background checked staff and volunteers. All congregate meals are served at the Center with the targeted population residing within the 92069 and 92078 zip codes but those residing in other zip codes will not be excluded. c. Job Descriptions The Senior Nutrition Program and all its components is accomplished by a dedicated team consisting of one (1) full-time Recreation Program Coordinator-Senior Services (9 hours per day), one (1) full-time Recreation Maintenance Aide (9 hours per day) one (1) part-time Recreation Program Specialist -Nutrition (4 hours per day), and one (1) part-time Recreation Program Specialist -Transportation Coordinator (4 hours per day). In addition, the Senior Activity Center has one (1) full-time Recreation Supervisor (9 hours per day), one (1) part-time Recreation Program Specialist -Events (4 hours per day), three (3) part time Front Desk Attendants (4 hours per day) and (1) one part-time Recreation Aide (4 hours per day) that support the Senior Nutrition Program as needed.

Facilities Maintenance staff and two Recreation Program Specialists are responsible for the daily activities of the Program, including food transport, set-up and clean-up and meal service. The Recreation Program Specialists conducts confidential client intake assessments using the AIS Client Intake for Congregate Meals Senior Nutrition Program form provided by the County of San Diego Aging & Independence Services. The Specialist also records program income, plans a minimum of one (1) special event per month and coordinates a minimum of four (4) nutrition education programs pre approved by the County of San Diego, Aging and Independence Services Registered Dietitian for the nutrition partici pants. In addition, the Recreation Program Coordinator (nutrition manager) conducts pre-approved on-going in-service trainings (minimum of four (4) hours per year) for staff and volunteers on such topics as emergency preparedness, proper hand washing, food temperatures, cultural competency, and mandated reporter training. The nutrition manager is responsible for entering the data from the confidential intake form into the Q system along with manually entering client monthly participation. This system allows us to create and maintain Care Plans, assess nutritional risks, and update client information as necessary. Data is sent to the Federal Government to ensure each client is registered and is Program eligible. The client information in the Q is assessed annually. All client intake forms are kept confidential in locked file cabinets.

Over twenty-five (25) community senior volunteers assist with checking guests in for lunch, food preparation, meal ser vice, clean-up, special events and other Program related tasks as necessary. Kitchen volunteers are required to pass the food handler's test and along with staff, receive a minimum of four (4) hours of pre-approved service training identified by the County of San Diego Aging and Independence Services personnel.

All program staff and volunteers will be oriented and trained to perform their assigned responsibilities and tasks per Title

22. 7

Page 46 ends

Job Description: Recreation Program Coordinator-Senior Services BASIC OBJECTIVE:

Responsible for the supervision and coordination of the operation of the San Marcos Senior Activity Center Nutrition Program, Catch a Ridel Transportation Program and Information and Resources. Assist with supervision, planning, implementation, and operations of the senior activity center.

BASIC ASSIGNMENT:
• Oversee the nutrition lunch program and grant including serving meals, menu planning, kitchen coordination, staff, and volunteer scheduling, purchasing, inventory, preparing and submitting reports, tracking, and adhering to pro gram grant guidelines.
• Supervise volunteer corps of food servers, lunch clerks, drivers, and clean-up. • Assist with senior center facility management.
• Maintain records of supply inventory.
• Part-time staff and volunteer supervision including recruiting, hiring, training, scheduling, assigning duties, and eval- uating.
• Insure cleanliness and a sanitary kitchen facility in accordance with the County Health Dept. • Liaison with educational institutions to place students in internship opportunities. • Keep records of daily/monthly participation of volunteers and clients including monetary donations. • Promote and encourage participation in the Senior Activity Center and nutrition program. • Maintain all records through the County Nutrition Q system. • Conduct annual sanitation education programs for food handlers in accordance with County Health Dept. • Participate in City and department meetings, events, and projects. • Attend meetings and workshops as assigned.
• Schedule and coordinate educational and social programs and presentations for the Nutrition Program. • Marketing and promotion for nutrition program.
• Contact vendors to sponsor special events for the Nutrition program. • Provide input for and participate in projects and assignments within the Parks and Recreation Department and other City departments.
• Perform other related work as assigned.

QUALIFICATIONS:
• Two years of college work and/or any combination of educational courses would provide the knowledge necessary to perform the duties of this job. Supervisory experience in a food service position a plus, but not required. • Food handler's card must be maintained.

KNOWLEDGE OF:
• Basic supervision, supply inventory, safety and scheduling are required. • Ability to maintain records, understand and carry out oral and written instructions. • Establish and maintain effective relationships with staff, volunteers, and participation. • Communicate in English, bilingual (Spanish) a plus, but not required.

WORK SCHEDULE: 9 hours per day/ 40 hours per week

Page 47 of 106 ends

8 Job Description: Recreation Program Specialist-Nutrition BASIC OBJECTIVE:

Responsible for the day-to-day operation of the Senior Nutrition Program BASIC ASSIGNMENT:
• Serve lunch meals daily to seniors.
• Supervise volunteer corps of food servers and set-up and clean-up crew. • Insure cleanliness and a sanitary kitchen facility in accordance with the County Health Dept. • Keep records of daily/monthly participation of volunteers and clients including contributions • Conduct annual sanitation education programs for food handlers. • Attend meetings and workshops.
• Coordinate educational and social programs for the Program. • Schedule nutrition education presentations
• Contact vendors to sponsor special events for the Nutrition program. • Perform other related work as assigned.

QUALIFICATIONS:
• Two years of college work and/or any combination of educational courses which would provide the knowledge necessary to perform the duties of this job. Supervisory experience in a food service position a plus, but not required.
• Food handler's card must be maintained.

KNOWLEDGE OF:
• Basic supervision, supply inventory, safety and scheduling are required. • Ability to maintain records, understand and carry out oral and written instructions. • Maintain effective relationships with staff and volunteers. • Bilingual (Spanish) a plus, but not required.

WORK SCHEDULE: 20 hours per week
Job Description -Recreation Program Specialist -Transportation Coordinator BASIC OBJECTIVE:

Responsible for the coordination of the County of San Diego Senior Nutrition program Lunch Shuttle, a component of the Catch a Ride! Senior Transportation program
BASIC ASSIGNMENT:
• Assess customer eligibility and enrollment in the Catch a Ride! Senior Transportation program • Track and monitor nutrition program ridership and donations. • Monitor transportation requirements of the County of San Diego Senior Nutrition grant including program eligi- bility requirements.
• Assist in coordinating transportation for social and recreational activities for senior citizens. • Assist in daily operation of the nutrition program including intakes and assessments. • Reconcile and process transportation provider/sub-contractor invoices. • Community outreach
• Perform other related work as assigned.

QUALIFICATIONS:
• College degree preferred and experience in senior services, specifically transportation. • Use of good judgment in the scope of the assigned authority • Establish and maintain effective relationships with outside agencies and the public. • Demonstrate an awareness and appreciation of the cultural diversity of the community. • Effective phone and interpersonal skills
• Computer skills
WORK SCHEDULE: 20 hours per week
9

Page 48 ends

Job Description: Recreation Program Maintenance Aide
BASIC OBJECTIVE:

Serves the Nutrition Program and performs other related work as assigned. Cleans and/or maintains city facilities as assigned.

BASIC ASSIGNMENT:
• Cleans, sweeps, mops, empties trash, waxes floor, cleans windows, vacuums, cleans city vehicles, cleans dishes/pots after lunch, room set-ups, maintain supplies in public areas. • Open & close senior activity center daily (weekdays) and other Community Services facilities as needed. • Clean up spills and accidents (i.e., fecal matter, vomit) as necessary. • Sets up kitchen and dining room before and cleans up after the Senior Nutrition Program • Conducts minor building maintenance and repairs, changes light bulbs/fixtures, paints walls or equipment. • Assist in the operation of recreational facilities. Assemble recreational equipment and supplies. • Sets up areas for use by moving furniture and equipment. • Responsible for ordering and purchasing a variety of janitorial and maintenance supplies; maintains an inventory of related equipment and materials.
• Maintains other Parks and Recreation Facilities when needed. • Does periodic yearly and monthly maintenance such as vacuuming HVAC vents and returns and cleaning carpets. • Works with staff and volunteers to support programs and special events. • Monitors contracted janitorial service related to the senior activity center, follows up to correct deficiencies and keeps records of communication.
• Maintain routine records and complete forms.
• Drive city vehicle to run errands and pick-up supplies or food. • Other miscellaneous duties as assigned.

STANDARDS:

Education equivalent to a high school education.

KNOWLEDGE OF:
• Basic electrical, plumbing and construction repairs.
• Willingness to receive training and to apply such training as required. • Ability to use and maintain basic power tools.
• Use good judgment in the scope of assigned authority. • Perform good customer service to members of the public and City staff. • Experience with senior citizens is preferred.

WORK SCHEDULE: 9 hours per day/ 40 hours per week

Page 49 ends

10 Job Description: Senior Nutrition Volunteer
BASIC OBJECTIVE:

Assist with the preparation, service, and clean-up of the Senior Nutrition Program BASIC ASSIGNMENT:
• Set up for congregate meal service.
• Assist with meal service by plating food or serving participants. • Clean up after congregate meal service.
• Perform other related work as assigned.

QUALIFICATIONS:
• Food handler's card must be obtained and maintained.

KNOWLEDGE OF:
• Basic kitchen safety
• Ability to understand and carry out oral and written instructions. • Establish and maintain effective relationships with staff, other volunteers, and participants. • Communicate in English, bilingual (Spanish) a plus, but not required.

WORK SCHEDULE: 3 hours per day/ possible 15 hours per week d. Continuity of Meal Services -In the event of a disaster where the Senior Activity Center cannot provide senior meals at the Senior Activity Center, seniors will be directed to the Parks and Recreation Department Main Hall. If the Main Hall is unavailable, participants will be directed to the City of Escondido and/or the City of Vista Nutrition Programs. If the City of Vista and City of Escondido Nutrition Programs are affected by the emergency, management will consider home delivered meals until normal operations are up and running. 11

Page 50 ends

e. Annual Training Plan (Attachment 3)
OLDER CALIFORNIANS NUTRITION PROGRAM ATTACHMENT 3

STAFF AND VOLUNTEER IN-SERVICE TRAINING PLAN
OFFER OR: City of San Marcos Senior Activity Center
Date of Training: 01/10/2024
Topic(s): First Aid
Source(s): Mayo Clinic
Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
Date of Training: 02/15/24
Topic(s): Cultural Awareness Training
Source(s): U.S. Department of Health and Human Services Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
Date ofTraining: 04/15/2024
Topic(s): Food Safety, Transport Sheet Completion and Handwashing Source(s): County Dietician
Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
Date of Training: 05/09/2024
Topic(s): Allergen Training
Source(s): OCNP updated Jan. 2023 (County Dietician)
Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
TOTAL TRAINING HOURS: __ 4.._ ____ _
Duration of training (min): 60
Duration of training (min): 60
Duration of training (min): 60
Duration of training (min): 60
NOTE: Ensure topics comply with TITLE 22 sections 7636.5 Staff/Volunteer Training Requirements. Minimum 4 hours of training required annually.

Page SI of 106
12 a. In addition to taking advantage of the City's internal cultural competence resources and training opportunities, the Senior Nutrition Program staff and volunteers will participate annually in Workplace and Harassment Prevention training. Topics included in this training are Sexual Harassment, Discrimination, Retaliation, and Abusive Conduct Prevention. The City of San Marcos is an affirmative action public entity and does not discriminate based on race/color, ethnic origin, national origin, sex, religion, age, veteran status or physical or mental disability in employment or the provision of service.
b. In addition to the scheduled training, the Coordinator will also conduct as-needed training if relevant topics arise, issues develop, or staff request them.
f. Nutrition Education
The Recreation Coordinator collaborates with the Recreation Specialist as well as the County Dietitian to create a Nutrition Education Plan that includes a minimum of four (4) educational presentations to be given to program participants throughout the contract period. These presentations are given prior to the congregate meal service on designated days. The presentations can be led by the County Dietitian, the Program Coordinator or Nursing students from local universities. Each year, the Program Coordinator conducts a participant survey to determine which nutrition or health topics the participants would like to learn about.

TITLE IIIC: SENIOR NUTRITION PROGRAM

NUTRITION EDUCATION PLAN & DOCUMENTATION
REQUIREMENT: Minimum 4 presentations per year to participants in Cl and C2 FISCAL YEAR: 2024 CONTRACTOR/SITE· San Marcos Senior Activity Center

CONGREGATE/ PROJECTED PRESENTATION

NUTRITION ED/ HEALTH HOME DATE DATE&
PROMOTION ACTIVITY DELIVERED/ # PARTICIPANTS
BOTH (Cl) & (C2}
Congregate 01/10/2D24
Topic: Blood Pressure/
Cholesterol Cl# C2 #
X
Resource: County Dietician
Congregate 03/06/2024
Topic: Diabetes 101
Cl# C2 #
Resource: Eatright.org X
Congregate 05/08/2024
Topic: Cooking for One or Two
Cl# C2 #
Resource: NDSU Extension X
Congregate 06/03/2024
Topic: Nutrition & Healthy Aging
Cl# C2 #
Resource: Eatright.org X

Page 52 ends

13 g. Grievance Policy-There is an open-door grievance policy at the San Marcos Senior Activity Center. All grievances and complaints by any participant will be taken seriously. Participants are encouraged to fill out a grievance reporting form available at the Lunch Desk. Anonymous grievances or complaints will not be considered. Participants who feel they have a grievance must be willing to identify themselves. All grievances and complaints will be addressed immediately by the Program Coordinator as soon as possible or within three (3) business days. All grievances and complaints will then be reported to the Senior Activity Center Supervisor. City Administrators will adjudicate if Center staff are unable to resolve an issue.
h. Voluntary Contributions There is no cost for eligible individuals to participate in the Program, but they are given the opportunity to make an anonymous contribution in any amount at lunch check-in. For congregate meals, the suggested contribution for guests over sixty (60) is $4. For transportation round trip the suggested contribution is $1. The price per meal for individuals under sixty (60) is $7. All contributions are accepted and kept anonymous. No eligible individual is turned away for the inability to confidentially contribute. i. Implementation Plan City of San Marcos has a current contract with the County of San Diego, Health & Human Services Agency, for the provision of congregate meals and congregate transportation; therefore, an implementation plan is brief and merely continues the service as currently operated and stated within the content of this request for proposal.

Estimated Date Actions Responsibilities Milestones
Required/Dependencies
October 2023 Submission of Grant City of San Marcos
November 2023 Evaluation of Proposals County of San Diego December 2023 Notice of Award County of San Diego Successful contract awarded
December 2023 Contract sent to City County of San Diego ,uccessful receipt of awarded contract
December 2023 ~pproval and signature of City of San Marcos City Manager approval contract
December 2023 Signed contract sent to City of San Marcos County
December 2023 Contract execution County of San Diego
anuary 2024 Continuation of services City of San Marcos -imely execution of County award
j. Equipment/Vehicles: As a contractor for Congregate Meal Services, the City already has equipment to prepare congregate meals. The following County-owned equipment is in use in the Discovery Cafe in support of the Senior Nutrition Program:

The Discovery Cafe has a commercial kitchen equipped with all necessary appliances including to operate a catered nutrition program. The kitchen is also fully equipped with serving utensils, table settings, janitorial supplies, etc.

Administrative work is conducted at the Senior Activity Center and is equipped with City-owned computers, a copier/scanner, phones, locked file cabinets and a locked safe.

The City owns and will continue to use a Ford F 150 Truck to transport food approximately fifteen (15) miles to the Discovery Cafe from Essenco, Inc. The vehicle is insured per County requirements and maintained in-house by the City of San Marcos Fleet Services.
14 Page-53 or l06

1. Quantity Owned by Owned by City In Item County Use
Beverage Table with Sink 1 X X
Carnbro Meal Carriers 5 X X
Carts 15 X X
Chairs 150 X X
Convection Steamer 1 X X
Dishwasher 1 X X
Freezer 1 X X
Ice Maker 1 X X
Microwave 1 X X
Oven (gas w/grill top) 1 X X
Refrigerator 1 X X
Salad Bar 1 X X
Sink, three compartment 1 X X
Stainless Steel Prep Table 2 X X
Stearn Table 2 X X
Tables 24 X X
Tray Holder 2 X X
j.2. Proposal to Obtain Equipment -Not Applicable
k. Proposed Facility Sites
i. See Attachment 4 -The City of San Marcos proposes to serve a minimum of 6,930 congregate meals (Lot 1) and 1500 one-way units of transportation (Lot 2) during the initial contract term (01/0l/2024-06/30/2024). ii. San Marcos Senior Activity Center

1. San Marcos Senior Activity Center, 111 Rich mar Avenue, San Marcos, CA 92069 -City of San Marcos owned facility.

2. See Appendix 2 for copy of current Food Safety Manager Certification for Kimberly Valdovinos.

3. See Appendix 2 for copy of current Department of Environmental Health and Quality inspection report.

4. The City has a current agreement with Essenco, Inc. for catered meals effective through December 31, 2023, with the option of an amendment to extend the contract (See Appendix 3). Essenco, Inc. is located at 3753 Mission Avenue, Suite 115, Oceanside, CA 92058. A copy of the Food Safety Manager Certificate for Maureen De Long Staab, Essenco, Inc., is attached in Appendix 2. See Appendix 2 for copy of current Department of Environmental Health and Quality inspection report.
iii. Horne-Delivered Meal Services -Not Applicable
iv. The City has a current agreement with Facilitating Access to Coordinated Transportation (FACT) for transportation services through June 30, 2024. (See Appendix 4). FACT provides a lunch shuttle which is a minivan with a ramp to accommodate seniors with walkers or wheelchairs. The seating capacity is five (5) and most days the lunch shuttle must make two (2) or three (3) trips to accommodate all the riders.

1.2. Subcontract with Community-based Organizations -Not Applicable

1.2.1. Subcontractor Name -Not Applicable

1.2.2. Subcontractor Services -Not Applicable
15 P~gt 54 of !06

1.2.3. Subcontractor Monitoring -Not Applicable

1.2.4. Subcontractor Agreement -Not Applicable

1.2.S. The City of San Marcos does not propose to use community-based organizations as su bco ntra ctor(s )/pa rt ners hips.

1.3 Linguistic & Cultural Diversity Plan
Pnge 55 or 106
16 CITY OF SAN MARCOS

CONTRACTOR SUBMITTED LINGUISTIC AND CULTURAL

DIVERSITY PLAN
Addendum 1
RFP12715
Older Californians Nutrition Program
October 24, 2023
(i) Linguistic and Cultural Diversity
Bar Chart 1
Linguistic Diversity Efforts
Last 3 years & Year 1 Contract Estimate
26 20
16 -
10 6
0 □total# of employees &
volunteers
■Spanish
□Vietnamese
Tagalog
■Arabic
■Somali
■Other
July 1/21
21 8
1 0
1 0
6 Past Workforce Cultural Diversity Strategies
July 1/22 July 1/23
21 18
8 6
1 1
0 0
1 1
0 0
6 6
Contract Yr
1 21
8 1
0 1
0 6
• In order to reach out to a more diverse workforce, the city advertises vacancies in various strategic locations, including:
■ Governmentjobs.com
• Indeed
■ Glassdoor
■ Linkedln
■ College/University Job Boards (Handshake)
ACS Bulletin 2021-01 Page 1 of 5 04105/2021
Pagt 56 of 106
17 • ProfessionaVAssociation Job Boards
• GrassrootsLab
• ZipRecruiter
• In addition, the City's Senior Center actively recruits volunteers by advertising opportunities in its newsletter and ongoing community events. They also partner with various community organizations to provide our diverse community with opportunities to be engaged. • The City of San Marcos believes that making an employee feel welcomed and comfortable with the new job is paramount to a successful career. Starting at onboarding, new hires receive the support needed from HR and their supervisor, as they are guided to understand, and grasp the organization's mission and core values.

In the first few months of employment, we want to ensure that the employee is given the right information that will make them feel equipped and able to make meaningful contributions as quickly as possible. We attribute their success to on-the-job-training, and policies and procedures review, among others.

All employees and volunteers are offered the Cultural Competence training among other city-paid workshops to foster a diverse and inclusive workplace. • At the City of San Marcos, we are committed to creating an inclusive and equitable workplace where all individuals, regardless of their background, can thrive and contribute to our success. We are an Equal Opportunity Employer following Fair Employment practices, our goal being to seek the most qualified person for each position measuring only the job-related qualifications. Recruitment and other personnel actions take place in an open and objective manner ensuring that applicants are not discriminated against due to race, color, age, ancestry, national origin, citizenship status, marital status, pregnancy, political or religious affiliation, sex, gender, gender identity, genetic information, sexual orientation, physical or mental disability (whether perceived or actua0, medical condition, or other functional limitation or any other basis protected by law, except where a bonafide occupational qualification so dictates.

The city not only offers Cultural Competence training to existing nutrition staff and volunteers, but also offers employees and volunteers the opportunity to attend city events that promote a sense of community and belonging.

Planned Workforce Cultural Diversity Strategies
• In an effort to expand our sourcing channels to reach a more diverse candidate pool, the city plans to revise all job descriptions and update where necessary, to use gender-neutral language; avoid racial bias, avoid exclusionary language and focus on skills and competencies.
• The city plans to utilize job boards and platforms that cater to underrepresented groups, to promote diversity and inclusion within the organization. In addition to the job posting resources utilized currently, below are examples of job boards to be Included, but not limited to:
• Diversityjobs.com
• WorkplaceDiversity.com
ACS Bulletin 2021-01 Page 2 of 5 04/05/2021

Page 57 ends

18 • PDNrecruits.com
• Blackjobs.com
• Jobboard.hlpa.com
• COSM will continue Its efforts to recruit both employees and volunteers by using our available communication resources and partnerships in the community.
• We believe that making an employee feel welcomed and comfortable with the new job is paramount to a successful career. Starting at Onboarding, new hires receive the support needed from HR and their supervisor, being guided to understand, and grasp the organization's mission and core values.
• In the first few months of employment, we want to ensure that the employee is given the right information that will make them feel equipped and able to make meaningful contributions as quickly as possible. We attribute their success to on-the-job-training, and policies and procedures review, among others.

All employees and volunteers are offered the Cultural Competence training among other city-paid workshops to foster a diverse and inclusive workplace. • In accordance with our City of San Marcos mission, we seek to improve the quality of life of those who live, work, or visit San Marcos by providing a safe family atmosphere that is rich and diverse In cultural and natural resources and promotes economic and educational opportunities. With the goal in mind to create a vibrant community, that is rich in ethnic and cultural diversity, that works cooperatively to build a center for commerce, economic development and job growth built upon a broad foundation of high-quality educational institutions. We strive to create an ecologically balanced, well-planned community that promotes the Interest of all Its citizens young and old, rich and poor, newcomers and old timers. We will continue to offer a community that values its quality of life, which is preserved by its citizen-oriented government committed to opportunity, while preserving the community's small-town suburban atmosphere and maintaining a safe and secure environment.

By following our Mission and Vision statements, the City of San Marcos hopes to offer accommodations to volunteers and employees to ensure everyone has an equal opportunity to succeed. We offer flexibility in the workplace, encourage employees to come forward with any assistance needs, host employee and volunteer events that promote participation, and provide training to help employees align with the city goals of inclusion and diversity.
(ii) SUBCONTRACTOR, CONSULTANT, AND SUPPLIER UTILIZATION Outreach Program/Plan for Using Subcontractor and Supplier Firms • At the City of San Marcos, we utilize PlanetBids™--a web-based vendor and bid management system, to announce and distribute all formal solicitations.

ACS Bulletin 2021-01
• Key features and benefits of Planet Bids'" include:
• No cost service to all registered vendors to view project solicitation documents.

Page 3 of 5 ends

Page 58 of 106 ends

19 • Firms can manage their vendor profile online.
• Email notifications of bid/proposal opportunities
• Vendors can register as a Prospective Bidder online for a specific solicitation in order to:
o View and download the solicitation document, addenda, specifications, drawings, etc.
o Submit questions online and receive automatic e-mail
notification when responses or addenda are issued.
o Submit bids/proposals online if the city has elected to accept electronic documents for a particular
solicitation.
• The City of San Marcos encourages the participation of Small and Disadvantage Business Enterprises in its public projects. In addition, we provide training and assistance via the Department of Transportation resources webpage. The target percentage of DBE in all federal funded DOT contracts is 10% to align with 40 CFR, Part 26 entitled "Participation by Disadvantaged Businesses Enterprises in Department of Transportation Financial Assistance Programs". • To the extent feasible and as permitted by law, consultants, and contractors are requested to first consider the use of San Marcos businesses for any supplies, materials, services, and equipment needed and the hiring of local residents in order to stimulate the San Marcos economy to the greatest extent possible. • The City of San Marcos has contracted with Essenco Inc. a WBE/Veteran owned business since 2019 for the Senior Nutrition Program.
(iii)PROJECT SUBCONTRACTING, CONSUL TANT, AND SUPPLIER PLAN Pie Chart 1
Planned Subcontractor/Supplier Usage
Contract Year 1
5% 0%
■DBE ■ESB 11MBE/WBE Non-DBE/ESB/MBE/WBE
ACS Bulletin 2021-01 Page4of5 04/05/2021

Page 59 ends

20 • Special Outreach Efforts -The City of San Marcos is committed to continue their efforts in engaging contractors and suppliers who are DBE, ESB, MBE/WBE. The primary contractor for this program has been identified as Essenco, Inc. who is a WBE contractor. For additional program supplies and materials, the city will utilize PlanetBids ™ to obtain diverse contractor and additional outreach for available opportunities will be communicated via the city website. • Commitment to Provide Support Services -Training and resources are available to contractors via online resources and partnerships with local organizations. • Mentorshlp Opportunities -The City of San Marcos is committed to engage selected contractors In training opportunities and resources to meet compliance and offer the best service to its senior residents.
• Equipment Sharing Programs -The city has not Identified a need for equipment sharing. However, should the need arise, the city Is open to review and discuss a program to help meet the nutrition program needs and provide support to the subcontractor.

ACS Bulletin 2021-01 Page 5 of5 04/05/2021

Page 60 ends

21 1.4 Quality Control System -During each congregate lunch service, Program staff walk around and speak with participants. They ask how the food tastes, if they're enjoying themselves and if there is anything the staff can do to improve the congregate meal experience. Participants are also encouraged to complete comment cards available at the Lunch Desk. Also, the Program Coordinator conducts an annual Nutrition survey. Additionally, Program staff is in daily contact with the caterer should there be an issue with the meals.

2. Organizational Capability, Experience and Qualifications

2.1 For the last five (5) years and almost continuously since the Senior Activity Center opened in 1983, the staff have implemented a Senior Nutrition Program serving congregate meals and offering transportation services.

2.1.1. HHSA Contracts

CONTRACT CONTRACT TYPE OF LENGTH OF PERFORMANCE COMPLIANCE

AGENCY NUMBER CONTRACTED CONTRACT OUTCOMES ISSUES

NAME SERVICES
County of 561725 Senior January 1, Met or None
San Diego Nutrition/ 2019-exceeded
Transportation December 31, program
2023. outcomes
according to
Site audits by
County of San
Diego COR.

County of 547768 Senior July 1, 2014 -Met or None
San Diego Nutrition/ December 31, exceeded
Transportation 2018 program
outcomes
according to
Site audits by
County of San
Diego COR.

2.1.1.1. Knowledge and Experience -For over four (4) decades, the San Marcos Senior Activity Center has served the older adults in the surrounding communities including those from underserved populations.

2.1.1.2. Dates of Operation -1983 -2023 San Marcos Senior Activity Center, 111 Rich mar Avenue, San Marcos, CA 92069 I Contact Information: Kimberly Valdovinos, Recreation Program Coordinator -Nutrition Manager, Phone: (760) 744-5535, ext 3606 I [email protected].

Annual Contract Value $45,575 I Total Contract Value $507,398.47.

The Center serves primarily older adults residing in the 92069 and 92078 zip codes as well as surrounding communities.

2.1.2. Governmental Experience -The City of San Marcos is a government agency and has decades of experience working with other government agencies including the County. The City of San Marcos effectively communicates, collaborates and problem solves with other local City government.

2.1.3. Offeror's Framework -The City of San Marcos supports the Senior Activity Center financially by transferring monies from the City's general fund to the Nutrition accounts. These funds in addition to the funds received through the 22 Page61 of106
current County Nutrition grant are used for the daily operations of the Nutrition Program. It is the City's goal to support the aging residents of San Marcos.

2.1.3.1. Organizational Chart -See Appendix 9 for a current City of San Marcos Organizational Chart. The San Marcos Senior Activity Center is overseen by the Recreation Supervisor -Senior Services. The Recreation Supervisor reports to the Assistant Parks & Recreation Director. The Assistant Parks & Recreation Director reports to the Parks & Recreation Director. The Parks & Recreation Director reports to the City Manager. The City Manager reports to the Mayor and City Council.

2.1.3.2. Staff Chart -See Appendix 9 for a Senior Activity Center staffing chart.

2.2. Business References

2.2.1. Reference #1 City of Vista -Gloria McClellan Senior Center 1400 Vale Terrace Drive, Vista, CA 92084
(760) 643-5288
[email protected]

2.2.2. Kevin Granse, Program Manager Recreation and Community Services (760) 643-5280
[email protected]

2.2.3. Previous Contractor and government entity currently contracted with the County of San Diego Aging and Independence Services for senior nutrition program with a mutual catered meals provider. City of Vista and the City of San Marcos' nutrition staff consult with one another on all things related to the Senior Nutrition Program and government policies. The relationship with the City of Vista Gloria McClellan Senior Center spans over twenty-five (25) years with the commencement of the Senior Nutrition Program.

2.2.4. For many years prior and up until 2015, the City of San Marcos contracted with the City of Vista to provide nutritionally sound meals in accordance with Aging and Independence Services (AIS) contractual guidelines for San Marcos senior citizens age sixty {60) and above. The former contracts were structured in one-year terms with the option of two additional, one-year terms upon mutual agreement. The signed contract(s) was fulfilled by both sides on-time and within the agreed upon monetary amount of $3.50 per meal at the onset of the first contract and $5.25 at the time of the last contract in 2015. Our relationship with the City of Vista continues to this day due to our mutual catered meals provider. Respective staff meet on a regular basis to discuss menus, program compliance, special events and best practices. Past experience gained by contracting with a federally funded senior nutrition program for catered meals as opposed to a for-profit/not-for profit entity could be beneficially applied to this project when going out to bid for a catered meal provider or considering in-house meal preparation.

2.2.1. Reference #2 City of Encinitas -Encinitas Senior Center 1140 Oakcrest Park Drive Encinitas, CA 92024
(760) 943-2258
[email protected]

2.2.2. Christie Goodsell, Recreation Center Manager
(760) 943-2251
[email protected]

2.2.3. Government entity formerly contracted with the County of San Diego Aging and Independence Services for senior nutrition program with a mutual catered meals provider. City of Encinitas' and the City of San Marcos' nutrition staff consulted with one another on all things related to the Senior Nutrition Program and government policies. The relationship with the City of Encinitas Senior Center spans over twenty (20) years.

2.2.4. The City of San Marcos Senior Activity Center and the City of Encinitas Senior Center collaborate and share information to better serve the seniors of both communities. Although there is no contract between the City of Encinitas and the City of San Marcos, due to the formerly mutual catered meals provider, nutrition program staff meets on a regular basis to discuss menus, program compliance, special events and best practices. The experience gained by 23

Page 62 ends

working cohesively with fellow nutrition sites can be extremely valuable when it comes to going out to bid for contracted , service providers. The shared knowledge and strength in numbers can be beneficially applied to this contract.

2.2.1. Reference #3 City of Carlsbad -Carlsbad Senior Center 799 Pine Avenue, Carlsbad, CA 92008
(442) 339-2650
[email protected]

2.2.2. Eric Biggin, Recreation Area Manager
(442) 339-2648
[email protected]

2.2.3. Government entity currently contracted with the County of San Diego Aging and Independence Services for senior nutrition program with a mutual catered meals provider. City of Carlsbad and the City of San Marcos nutrition staff consulted with one another on all things related to the Senior Nutrition Program and government policies. The relationship with the City of Carlsbad Senior Center spans over twenty (20) years.

2.2.4. The City of San Marcos Senior Activity Center and the City of Carlsbad Senior Center collaborate and share information to better serve the seniors of both communities. Although there is no contract between the City of Carlsbad and the City of San Marcos, due to our mutual catered meals provider, nutrition program staff meets on a regular basis to discuss menus, program compliance, special events and best practices. The experience gained by working cohesively with fellow nutrition sites can be extremely valuable when it comes to going out to bid for contracted service providers.

The shared knowledge and strength in numbers can be beneficially applied to this contract.

3. Organizational Stability and Risk

3.1. 6-month Contract Period Fiscal Solvency -Please see the General Fund Reserve Policy included as Appendix 5, that demonstrates the City's fiscal solvency and the ability to maintain fiscal solvency throughout the contract period.

The internal fiscal management process that we use to assist with monitoring and ensuring that County funding and other revenue are adequate to meet the program costs starts with a Special Revenue Fund to keep the County contract distinct from other City budgets. For the City, that fund is 206 (Appendix 6). A Recreation Program Specialist documents Program income on a spreadsheet and monies are verified and entered into ActiveNet software program tied into Tyler Munis daily by the Front Desk and dropped in the safe. The money is combined with a Senior Activity Center deposit, verified by the Recreation Program Supervisor, and submitted to Finance. At any given time, Program staff can run a financial report of Fund 206 to track revenues and expenses. The Parks and Recreation Management Analyst monitors program budgets monthly and will address any budgetary concerns to ensure that program costs are met. The Recreation Program Coordinator is responsible for the monthly Q database report and invoice submittal to the County of San Diego, Aging and Independence Services Contract Administrator.

3.1.1. Un-audited Financial Statements -See Appendix 7 for the current UN-audited financial statement FY2223.

3.1.2. Audited Annual Reports Last Three (3) Fiscal Years -See Appendix 8 for the Annual audit report for last three (3) fiscal years.

3.1.2.1. Audited Statements -See Appendix 8.

3.1.2.2. Auditor's Reports -See Appendix 8.

3.1.2.3. Auditor's Findings -See Appendix 8.

3.1.2.4. Manager's Letter-See Appendix 8.

3.1.3. If Offerer Does Not Have Audited Financial Statements -Not Applicable

Page 63 ends

24 3.1.4. County Letter of Support -Not Applicable

3.1.5. Sixty (60) Day Reserves -See Appendix 5 for City of San Marcos reserves to cover sixty (60) days of program op eration.

3.1.6. The City utilizes a comprehensive financial and human resource management system application entitled Munis by Tyler Technologies. The system offers Accounts receivables, payroll, contract management, human resources, purchasing, budget processing, and employee self-services. The system operates in accordance with the generally accepted accounting principles and Office of Management and Budget Circulars of the applicable Code of Federal Regulations. The revenues from the County of San Diego and participant contributions are placed in an account/fund that is used solely for the Program.

Additionally, all expenses associated with the Program are tracked in a separate account/fund (Appendix 6). This provides for strict accountability for all revenue and expenses solely in relation to the operation of the Senior Nutrition Program.

3.2. CONTRACT CONTRACT TYPE OF

AGENCY NUMBER CONTRACTED

NAME SERVICES
County of 561725 Senior
San Diego Nutrition/
Transportation
County of 547768 Senior
San Diego Nutrition/
Transportation

3.2.1. Corrective Actions -Not Applicable

3.2.2. History of Corrective Actions -Not Applicable

3.2.3. Breach of Contract -Not Applicable

LENGTH OF PERFORMANCE COMPLIANCE

CONTRACT OUTCOMES ISSUES
January 1, Met or None
2019-exceeded
December 31, program
2023. outcomes
according to
Site audits by
County of San
Diego COR.

July 1, 2014 -Met or None
December 31, exceeded
2018 program
outcomes
according to
Site audits by
County of San
Diego COR.
25

Page 64 ends

3.3. Lawsuits and Pending Litigation
File Date Of Claim
Code Claimant Claim Description Loss Closed Status
Date

DUI DRIVER
STRUCK
1910677 ANDREW 0. GUARDRAIL, 06/22/2015 05/10/2019 WEIDEMANN WHICH DISLODGED

AND ENTERED HIS
VEHICLE. Resolved through settlement

STEVEN MALE PEDESTRIAN
1932148 STRUCK BY 10/01/2015 07/02/2018 MANGHRAM MOTORIST. MSJ granted, no settlement owed

AUTO VERSUS BIKE

DOMENIC ACCIDENT WITH
1935481 ANTONACCI DANGEROUS 10/27/2015 10/01/2019
DESIGN
ALLEGATIONS. Resolved through settlement

WOMAN INJURED

IN TRAFFIC
1977230 SYDNIE R. WOOD COLLISION. 09/20/2017 09/18/2020 DANGEROUS

CONDITION
ALLEGED. Resolved through settlement

MALE CYCLIST
1978991 MICHAEL PLUMB INJURED IN 10/28/2017 08/01/2019 CONSTRUCTION ZONE. Contractor paid entire settlement

WOMAN INJURED

JEESICA AND VEHICLE
1984792 DAMAGED IN 12/18/2017 05/07/2020 SORIANOCESAREO COLLISION WITH CITY DRIVER. Resolved through settlement

WOMAN FELL IN
1989897 ROSIE A. GUSS HOLE IN 11/20/2018 04/15/2021 CONSTRUCTION Utility company paid entire ZONE. settlement

WOMAN TRIPPED
1993831 GAYLE SCHOLL AND FELL ON 01/28/2019 08/26/2022 ALLEGEDLY UNMARKED CURB. Resolved through settlement

MAN ALLEGES THAT
3005171 TIMOTHY O'BRIEN HE WAS 10/24/2019 03/16/2022 UNLAWFULLY TERMINATED. Resolved through settlement

MAN ALLEGES THE
3006159 DARREN COTTER CITY HAS FAILED TO 10/27/2020 03/09/2022 MAINTAIN A Plaintiff dismissed the case, no DRAINAGE PIPE settlement owed
26

Page 65 ends

RUNNING UNDER
HIS PROPERTY.

WOMAN TRIPPED
3007918 ROSARIO CHAVEZ AND FELL ON 10/18/2020 12/14/2022 RODRIGUEZ MATTING ON BRIDGE. Resolved through settlement

WOMAN TRIPPED
3010750 SUE KNEBEL AND FELL ON 02/25/2021 UNEVEN
SIDEWALK. Active litigation
Woman tripped
3020368 Bonnie Miller and fell on uneven 06/18/2021
sidewalk. Active litigation
Boy had cardiac
event during soccer
3035040 Alan D. Garcia game. Allegation of 01/20/2022 inadequate medical care by City
responders. Active litigation
Man injured by
3035254 John Names loose fence on 04/26/2022
baseball field. Active litigation
Woman tripped
3038131 Maria Jimenez and fell on a bike 03/06/2022
lane sign. Active litigation
Woman tripped
3038405 Jaimi Baker and fell in an open 03/18/2022
sidewalk manhole. Active litigation
27

Page 66 ends

4. Performance Mapping and Metrics

4.1. Data Collection, Tracking and Reporting -The City will utilize the AIS-identified automated collection system (Q system) as required. The Q system allows the Senior Nutrition Program staff to register/enroll all participant demographic and assessment data, view and update participant information, view changes using the history feature, create and maintain care plans for each participant, etc. Daily Program staff will track and record all service unit delivery manually and then that data is input into the Q at the end of each month. Accurate daily meal counts, nutrition education, contributions collected, and transportation units are tracked in the Q system. A monthly claim for the previous month's actual units served will be submitted by the 15th of the following month in which the services were provided. A completed financial report of actual costs for each fiscal year will be submitted to the County. All participant information collected is stored in a locked file cabinet in the Center office area.

5. Pricing

5.1. Exhibit C -Pricing Schedule -See Exhibit C for the pricing schedule for all years of the contract.

5.1.1. Fully Burdened and Fixed Pricing -Pricing is fully burdened and will remain firm and fixed for the duration of the contract. The fully burdened pricing includes all staffing, operational, and overhead expenses incurred to meet the service delivery requirements of the program as described in the SOW.

5.1.2. Itemized Breakdown -See Exhibit C for an itemized breakdown of the fully burdened meal and transportation rates proposed for the initial contract term (1/1/2024-6/30/2024).

5.2. Start-up Funding -Not Applicable

6. Acceptance of Terms and Conditions and Insurance

6.1. Confirmed Acceptance -Yes, the City of San Marcos accepts the proposed County standard terms and conditions and insurance requirements as presented in the RFP.

6.2 Byrd Anti-Lobbying Amendment Certification -Yes, the City of San Marcos certifies that it and its subcontractors have not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, member of Congress, officer or employee of Congress, or an employee of a member on Congress in connection with obtaining any Federal contract, grant or any other award covered by 31. U.S.C 1352. 30

Page 67 ends

MONDAY
Jaegerschnltzel
"2
Escalope of Pork w/
Mushroom Sauce
Noodles
Cabbage
WW Bread
Apple
9 Maple Bourbon Glazed
Chicken Breast
Mixed Rice
Collard Greens w/
bacon
Fruit Cocktail
e 16
Chicken Pesto w/
Cheese Tortellini•
Spinach
Tuscan White Beans
WW Bread
Pineapple
23 Chicken Aurora
Brandied Tomato
Cream Sauce
WG Pasta
Italian Vegetables
Pineapple
30 Chicken a l'Orange
WG Mixed Rice Pilaf
Green Beans w/ Garlic
Mandarin Oranges
Appendix 1
October Menu

TUESDAY
3 Chicken Marsala
Potatoes Gr a tin
Vegetable Medley:

Green Beans, Carrots,
Squash, Red Pepper
WG Bread
Orange
10 Beef Stew
w/ Carrots, celery &
onion
Parsley Potatoes
Peas & Carrots
Whole Wheat Bread
Apple
17 Turkey Chill
WG Rice& Lentil Pilaf
Corn w/ Red Peppers
Spinach Salad w/
Shredded Carrots,
honey mustard dressing
Orange
24 Ginger Beef
With Ginger, Scallions,
½c. Cabbage
Mixed Rice
Broccoli & Carrots
Peaches

GHOULASH
Beef & Pork
51%WG Noodles
California Blend
Vegetables
Apple
31 WEDNESDAY
4 Creole Beef
Red Beans
Mixed Rice
Broccoli
Applesauce
11 Sweet Chill Glazed Pork
Loin
Sweet Potatoes
Green Beans
WW Bread
Applesauce
18 Pork Zurlchoise
Mushroom Cream
Sauce
Slo/oWG Noodles
Red Cabbage
Apple
25 Spaghetti Puttanesca
(51 % WG Pasta)
not so spicy tomato
sauce with red peppers,
garlic, olives & capers
Spinach
Chickpea Stew
w/ garlic & tomatoes
Watermelon

THURSDAY FRIDAY
5 6
Meat & Cheese Lasagna Tllapla Proven~al
Marinara Sauce w/ tomato, red pepper,
Spinach olives, capers & parsley
Chick Peas w/ Tomatoes Mixed Grain PIiaf
Peaches Broccoli & Carrots
WW Bread Banana
12 13
Stir Fried Chicken Hamburger
Asian Blend Vegetables White Wheat Burger
WG Mixed Rice Roll
Banana Potato Sal ad
Baked Beans
Orange
19 20
Beef Burgundy Thal Chicken Salad w/
w/ bacon, mushrooms Brown Rice
&onions Carrots, Cucumber,
Mashed Potatoes Cabbage,Bok
Peas & Carrots Choy, Edamame, Ginger
Whole Wheat Bread Mandarins
Banana
26 27
Meatloaf Pork Carnltas
beef & pork Mixed Rice w/ Cilantro
Mashed Potatoes, Gravy Corn & Black Beans
Peas & Carrots Corn Tortilla
Whole Wheat Bread Orange
Banana
To make or cancel a lunch reservation
call (760) 7 44-5535 ext. 3607
Th<' menu i> s11bj~ct to ch.m~!' \':lthout 11otft, •.
f Alternative meal choice: Soup and Salad Bar
~ Musical Entertainment fJ Vegetarian ~ Meal contains 1,000+ mg ofsodlum lJ 1%mllk Is served dally 3

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so
DEPARTMENTAL STRUCTURE:

Appendix 9
SJ\N MARCOS RESIDENTS
San Marcos City Council
City Attorney City Manager
Assistant City
Manager
Public Works
Director
Parks and Recreation
Director
Community and
Economic
Development Director
Fire Chief

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177
DEPARTMENTAL STRUCTURE:

CITY MANAGER
Assistant Public Works
-City Manager Director
Administrative
Management
- Analyst
Chief Innovation
--
Fire Chief Officer
Community and
-Finance Director
-
Economic Development
Director
Human Parks and
-
Resources/Risk -Recreation
Director Director
-
Business Process
Director/City Clerk
Development
-
Services Director/City
Engineer
-
Real Property
Services
178
Pagt 70 of I 06
DEPARTMENTAL STRUCTURE:

PARKS AND RECREATION DIRECTOR
sr. Management 1---.... ---------------Analyst
Management
Allalyst
Rec,eation
Superviso,11
Sports
Recreation
Superviso, I
Park and Trail
Range,s (PT)
Pa,k Caretaker
(PT)
Recreation
Coordlnato,
Facility
Attendants (Pn
Rec,eation
P,ogram
Specialist(Pn
-
i-
-
-
-
i-
-
-
I
Recreation
Supe,viso, II
Youth P,og,ams
Rec,eation
Coordinato,Youth
Programs
Recreation
Coordinato,
Recreation
Lezder
Recreation
Leader
sr. Recreation
Program
Specialist IPn
Recreation
Program
Speciaust (Pn
Recreation
Leaders
(PT)
I
Rec,eation
Supervisor I
- Contractual
Classes
Rec,eation i- Coordinator
Sr. Recreation i-
Specialist (Pn
Facility
Attendants i-
(PT)
Front Desk
Attendants - (Pn
Recreation
Maintenance - Specialist (Pn

Page 71 ends

Assistant Parks &
Recreation Director
Recreation
Supervisor II
Seniors
Rec,eation Recreation
Coordinator Program
Senio, Center Maintenance
Aide
I
Rec,eation Recreation
Program Maintenance
Specialist (PT) (2) Specialist (Pn
Office
Assistant
(PT)
Facility
Attendants
(PT)
Rec,eation
Technician
(PT)
Rec,eation
P,ogram
Specialist (Pn
Front Desk
Attendant
(PT)
I
Rec,eation
Superviso, II
- Aquatics
-
Pool Managers i- (Pn
Head
-Lifeguards IPn -
Aquatics .... lnstl\Jctors
- (Pn
.... Lifeguards (PTI -
-
Seasonal (PT) -
-
....
179
COUNTY OF SAN DIEGO -REQUEST FOR PROPOSALS (RFP 12715)

HEAL TH AND HUMAN SERVICES AGENCY

OLDER CALIFORNIANS NUTRITION PROGRAM
PROPOSAL COVER PAGE (PC-600)

SUBMITI AL INFORMATION
Submit this Completed Form as the Cover Page of Proposal

DESCRIPTION
Request for Proposals (RFP) 127 I 5 OLDER CALIFORNIANS NUTRITION PROGRAM Indicate with an "X,, the Lot that you are proposing.

A separate proposnl is required for ench Lot:
-LOT I: Congrcgntc Men ls
North Inland - North Coastal - North Central - East
Central - South -
X LOT 2: Trnnsuortntion to Congregnte Menl Sites -Noi1h Inland X.

North Coastal -
North Central -
East - Central - South -
-LOT 3: To-Go Meals
No11h Inland - No11h Coastal - No11h Central - East - Central - South - -LOT 4: Home Delivered Meals
North Inland - North Coastal - North Central - East - Central - South -

OFFEROR INFORMATION (TO BE COMPLETED BY OFFEROR)
Please Type or Print Clearly

BUSINESS INFORMATION
City of San Marcos
Company/Organization Name
1 Civic Center Drive, San Marcos, CA 92069
A{1~°f,s0) 144 -1050
Telephone Number
www.san-marcos.net
Website Address
{ )
RFP 12715 OLDER CALIFORNIANS

NUTRITION PROGRAM

REPRESENTATIVE AUTHORIZED TO SIGN OFFER
Buck Martin
Authorized Representative Name
Parks & Recreation Director
Authorized Representative Title
[email protected]
Authorized ReP.re eP11t· live Email Address
< (760))14}'; 0 ext 3502
Authoriz~ ~tative Telephone Number
711"/ ....
16 of68
Pagr 72 of 106
COUNTY OF SAN DIEGO -REQUEST FOR PROPOSALS (RFP 12715)

HEALTH AND HUMAN SERVICES AGENCY

OLDER CALIFORNIANS NUTRITION PROGRAM
Fax Number (optional) Authorized Re ircscntative Mail in Address

AUTHORIZED POINT OF CONTACT (POC)
if different from Authorized Re resentative
Kimberly Valdovinos
POCName
POC Title
County communications to Offeror regarding this RFP will be sent to the POC. Ifno POC is provided, such communications will be 111 Rich mar Avenue, San Marcos, CA 92069 sent to the Authorized Representative.

POC Mailin Address

SIGNATURE
I certify under penalty fpe1jury under the laws of the State of California, that I am authorized to execute and submit this proposal on behalf of e Offeror listed above; that all of the RFP instructions and rules, exhibits, addenda, explanations, and any other infor rovided by the County, including but not limited to, the diligence material, has been reviewed, ~:~ed~~od .... a ~..,..'-1-._ed with; and that all information in this submission is t~} iJ"?nce with the te>ms of PC 600 Form (PC-600p) Rev. 03-16-202 I
RFP 12715 OLDER CALIFORNIANS

NUTRITION PROGRAM
Date
17 of68

Page 73 of 106 ends

Table of Contents
RFP 12715 Required Documents
PC 600 Form

1. 1.1.

1.a.i.

1.a.ii.

1.a.iii.

1.a.iv.

1.a.vi.

1.b.

1.c.

1.d.
l.e.

1.f.

1.g.

1.h.

1.i.

1.j.

1.k.

1.2. 1.3.

1.4. 2.

2.1. 2.2.

2.2.1. 2.2.1.

2.2.1. 3.

3.1. 3.2.

3.3. 3.3.

4. 4.1.

5. 5.1.

5.2. 6.

6.1. 6.2.

Representation and Certification Form
DVB Forms
Program Design and Approach
Lot 2 Transportation to Congregate Meal Sites
Provision of Service to Target Population
Dietary Guidelines
Meal Planning Template (RFP 12715 Attachment 2)
Cultural and Ethnic Dietary Needs
Congregate Meals (Lot 1)
Participant Eligibility
Job Descriptions
Continuity of Meal Services
Annual Training Plan (RFP 12715 Attachment 3)
Nutrition Education
Grievance Policy
Voluntary Contributions
Implementation Plan
Equipment/ Vehicles
Proposed Facility Sites
Subcontract with Community-based Organization
HHSA Linguistic and Cultural Diversity Plan
Quality Control
Organizational Capability, Experience and Qualifications Last Five (5) Years
Business References
Reference #1
Reference #2
Reference #3
Organizational Stability and Risk
Fiscal Solvency
Performance
Lawsuits and Pending Litigation
Attorney Letter
Performance Mapping and Metrics
Data Collection
Pricing
Pricing Schedule
Start-up Funding
Acceptance of Terms and Conditions and Insurance
Confirmed Acceptance
Byrd Anti-Lobbying Amendment Certification

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PROJECT NARRATIVE/ PROGRAM EXHIBIT

1. Program Design and Approach
The City of San Marcos, on behalf of its Senior Activity Center and its Senior Nutrition Program, respectfully submits this proposal to provide Congregate Meals to HHSA North Inland Region residents, as well as Transportation for seniors living within City of San Marcos boundaries. Per RFP 12715 requirements, the mandatory Letter of Intent (using RFP 12715 Attachment 11 Template) was submitted October 9, 2023. The Senior Activity Center has had the privilege of providing these services for more than 35 years. As a current Senior Nutrition Program contract holder with the County; the City would be honored to continue to serve local seniors by providing them transportation to access to nutritious meals, helping them reduce social isolation, and by improving their quality of living through healthy eating. For purposes of this narrative, from here on the proposed program housed at the Senior Activity Center will be referred to as "the Program."

1.1. Lot 2 Transportation to Congregate Meal Sites: The City of San Marcos is a current contractor with the County of San Diego for Congregate Meals with Transportation and has read, understands, and accepts the Exhibit A -Statement of Work (SOW).
a. The Senior Nutrition Program consists of a nutritious lunch served at 11:30 AM every weekday (Monday through Friday), excluding twelve (12) pre-approved holidays. The City of San Marcos is closed between the Christmas and New Year's so on three (3) days in December (usually Fridays), frozen To Go meals are sent home with Program participants. Transportation to and from the Center is available to any eligible senior residing in San Marcos. Companions or caregivers are also eligible for transportation services.

Program participants are asked to sign-up for lunch and transportation services by 2 PM the day before dining.

Page 76 ends

1 Senior Population (60+ years)
Current Estimate (2019) 18,544
Projection (2030) 23,182
Race/Ethnicity (All ages)
White 43%
Hispanic, Black, Asian/Pacific Islander (API) Combined 52% Other 5%
Poverty
Seniors {65 years) living 200% FPL (2021) 35 %
Language (5+ years)
Monolingual Spanish speakers 9.8 %
Monolingual API language speakers 2.5 %
Data Source: Son Diego Association of Governments (SANDAG) for age; County of San Diego HHSA Community Health Statistics Unit for race/ethnicity, poverty, and language.

The monthly menu supports improving health and making healthy choices by meals that fit the dietary needs and prefer ences of Program participants notating, with a saltshaker icon, meals with sodium content of 1000 mg or more (See Appendix 1). Participants are notified in advance of any meal substitutions. 2 Pagr 77 of I 06
111. Menu: Using the County's Meal Planning Template (RFP 12715 Attachment 2), the City is submitting a one-month menu below for the Congregate Meal Services. The menus comply with the County's Meal Content Requirements.

Week 1 2 3 4 EXHIBIT A, A-lANDA-2-ATTACHMENT 2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH (4 Weeks) Project: Congreg•t•· Hom.,.,,rl,vero To-Go
MenuPallern MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY (op,ooal)
Meat&Chooso Tilapla
JMgtr 1chnltzol Lasagna ProY90~aJ

1.S 02 chicken Eac-alopeof pork Chicken Marnia 2-3 oz ground stock150 Na PROTEJN (mnlmum 2 oL equvaten1) In a muahroom Crook> Beel beel 60Na Peppera. tomatoH, 3 02 chicken 2 0L eqliv. • 2 0L meot O<hallcupbeans eauce breast 82Na 3ozground beel61 olives, eapen. 50Na (Ustponio, size& food ccmponents of oil 3 oz pork 63Na Na 100gm Ricotta 3-1 02 Tilapla 65Na 1 oz mushrooms Cheue, 80Na ~tended En trees e g .. casseroles) Sauce-from 1-202 chicken Tomato•. onion, .5 oz mozzarella ,tock & 1eawoninga 150Na 103SOnlnga-,tock 100 Na 90Na
200Na 3 oz Marinara
Sauce 225 No 8C
'Ii c. urcen
½C.Cabbogo S.an1,Carrot1r, 1/1 c. Red Bean~ ½ c. Spinach 12C ½ c. Broccoll & VEGETABLES' ( 1-2 SffVings) ITC lqUHh,Red rlnled 5C, 250Na c,nota30C Pepper 12c Hall cup cooked or 1 cup r~ leafy ½ c. Broccoli 5-8C ½c. Giirbanzo vegetaties ½c. Potatoff bean• w/ tomato.

Gr>tln 12C :MN• ga~lc & horba
250Na 8C
FRUITS(1 s«vtng) ½c. Peachn2C
Hall cup chopped or 1 medium rrut Apple 8C o,.nge58C ½ c. Appluauco 2C Bonano 8C GRAINS' ( 1-2 servings) ½ cup Noodlos ½ c. >60% Mlxad ½ c. WG Nixed Pilaf 1 Sllcetweoo. ½cup rice or pasta 2◄Na WG Brood 130 Rico 12Na WN bro:>d 130Na :MNa (at least one-hot I of s«vtngs shall be Na
~1,ole oralnsl
DAIRY and SOY Al TERNATIVES ( 1 1% Milk 153mg
serving) NA; 2C; 1~3A
8 ozmlk, yoglrt or soy beve<&ge or 1½ 1% Milk 1% MIik 1% MIik 1¾ MIik ounce cheese
(11.ostchoices lot-tee or tow-lat)
~~°!'.~:~lmon,s)
KEY NUTRIENTS 27c mg 82c mg 85c mg 28c mg 38c mg mg
Specltytotalmg olvitarrlnC.µg olvilaTin l.ltC \/\IC \/\LC Vit.C VIIC I.IIC Atn meals 1.19 250A µg µg 573A µg 250A µg µg Sodium I <760 mg Im eel average perweek. Vil.A V1lA VIL A Vil A VII.A Vil A Umtrneels ~1.000mg so<lum to o,cep1J ◄30 mg SOI rng mg U4Unl/l mg 442 mg week) mg Sodium m• Sodillll f,26 Na Sodl\l'O Sodium mg mg Sodl\l'O Sodium NOTES: This mMu pattan Is designed for a sEdenti!WY, 7o+ year old r~e. Re!a-to the Pldcc CoMomlans tM:i,oo Prggcoro Maw GuidWJCft ror details DMoteVitamln C So1.rce-25mg dally, and \Alamin A So1.rce -233 µg three Vmes per week • 'USDAreconvna,ds eo!ing a variety of vege!M)les, Including all five vegetable subgro""s weekly (dlltk green, red orange. beoos,l)eos.4en~ls. st..-chy, oth«) 1 One half of alt Bread/G<olns ,r.,st be whole grains. 'Use fruit as• dessert as often as posslble. limi1 sweets -The frlil and grains s<'l\'ed In dessert can count towll'ds the 1-u;t and/or grain requ;rement 10/2412023
Pagt 78 of I 06
SUNDAY
(op,onal)
mg
Vit.C
µg
Vil A
mg
Sodium
3 Week 1 2 3 4 EXHIBIT A, A-1ANDA·2·ATTACHMENT 2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH (4 Weeks) Project: C<>ngregaitl Home-delive<"'1J To-<(]
M.nu Pattern MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY (optionol)
Beof Stew
Maple Bourbon 3OZBHI, Stir Frlod Chicken
PROTEIN (rrinlmoo, 2oi. eqllval,nt) Glued Chk:ktn Onions, Celery Porl< Loin with 3oz chkk~ 2oz.eqllv. •2oz.meat orhelfc14>bE<ns 3ozchle-ktn
&tmg N• Swoot Chill Glaze 82Na, wl bean Hamburg 0, 4 oz beef sprout•, bamboo burger 75Na (Ustpor1lcn size& food componeolsof ell 82Ha 1/4 C. Ca nots 3-4 oz pork 53/la e>tended ,ntees. e g., casseroles) IC 180A thoot, seraaonlng• 2 oz Beol Stock 2-3 OZ HUC.100 Na 1.5 oz chicken 150Na -100maNa otock 150Na ½c. Collard ½ C. Partlo'f Yr c. Green Beans·
Greentw/ Bacon Potatou 12C 7C ½ c. Asian Blend ½ c Potato Salad 10C VEGETABLES' (1-2 .....,1ngs) 100mg Nw 15g t2Na 22C
Half cup cooked or t cup rtm leafy baconl 23C
vegetables ½cPeas& ½ c. Swoot Potato• 4 oz baked bNn•. 2C:
carrot, 7C 26C 460Na, 8F
Apple 8C ½ c. Applesauce 2C
FRUITS ( t s«vfng) ½ c. Fruh Banana 8C Orange 58C
Half cup chopped or 1 medlun lrlll Coclctall2C
GRAINS' (1-2 Se<Vlngs) WholeWhtat WWBrud 130Na ½c.>601\WG 1 slice bfe&j, ½ cup rice or pesta ½ c. Mixed Rice BtNd 130Na Mixed Rice 12Na 1 Whht Whtat Burger (atleasl one-hall ols«v!ngs shall be 12Na Roll 250Na 2F v.1tole oralnsl
DAJRY and SOY ALTERNATIVES ( 1
serving)
8 ozmlk, yoiµ1, or soy t>everage or t½
ounce cheese
1% MIik 153 Na 1% Milk 111 Milk 111 Milk 111 Milk
(Most choices lal-tee or I0-...fat)
~~°l'.~:~/ments)
KEY NUTRIENTS 25c mg 28C Vi~ 35C mg 30C mg 70C mg mg
Specify total mg ofviwrinC. µg of vltnin \11.C ViLC VilC l.ltC I.ILC Aln meas. 489A I'll 374A µg 595A µg µg µg I'll
SodiU'n ( s760 mg meal average penvE<l<. Vil A Vil A Vil A Vil A Vil A 1/ilA Urritmeals >1.000mg so<JU"nto cncepir 497 mg 456 mg mg mg mg wed<) mg Sodium mg SodlU'n 436mg Sodhrn 397mg SodlU'n 888Mg mg Sodium Sodh.m NOTES: This m,nu patt,m Is designed fore sedenl..-y. 70+yMrold female. Re/E< to.,. OjdC[ Callfornloo• t:MlRPD E'tP9CIID MalY GfdOQ<t for details DoooteVitarrln C Sou-ce-25mg daily, end 1/itarrln ASou-ce-233 I'll lhroetimes perwe<l< • 'USOArecornm,nds u~ng a variety of vegetables. Including all lvevegelable subgro14>s we<l<ly (dll/1< green, red orange. beans/peasAentils, starchy. ofl«) 10ne half of all &rod/Grains must be l>flolegrafns.
'Use frut as e desse<1 as oflEn as possible. limit sw~s -The tut end grains se<Ved In dess«tcan co<11I IO'NMds fle lruit end/or grain r<qulrernenl. 10/24/2023

Page 79 of 106 ends

SUNDAY
(oplonol)
mg
ViLC
Ilg
Vil A
mg
Sodlun
4 Week 1 2 3 4 EXHIBIT A, A-lANDA-2 • ATTACHMENT 2-MENU PIANNING TEMPIATE-SUBMIT ONE MONTH (4 Weeks) Project: Congregate. Home--ddive<e<(J To-<(]
Menu Patlern MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY (opbonlli)
Turl<ey Chill
PROTEJ N (mlnlnun 2 oz. equlvm<nl) Pesto Chl<ken 3 oz ground Beol Burgundy Jurl<ey 80mg Na 2oz. equiv.= 2oz. meatorhnlfcup 3 oz chlden, 82Ha 2 oz Tom aloe• Pork Zurich Ola.e 3oz ~ol 61 mg NA Thal Chicken Salad boons Pesto Cream Sauce 150/I .. 6C, 3oz porl< 54Na Gravy made w/ Beef 3 oz chicken 82N• (Ustpor11on size& food components or e1I •~tended entrett e.g. 200Na -bull IC onJon, Mu,hroom Cream stock UUC'9 -2 oz. Soy Ginger Lime casseroles) ¼ c. (81 gm) Ch .. se ½c. Kidney S.uco 100/la bacon. onlons, Dressing 200 Na Tortolllnl 329 Na Be~n• 280Na. mushroom a 22$ Na:
2C
½c.Flos1a ½c. Rod C.bbaga IC. Carroto, Rod ½ c. SplNlch 12C Com5C 20CfromfrHh ½ c. Ma shod Potatou Poppert, ½ c. Tuscan Yt'hl1o mlolmal .. 11 added IOC, 2Amg Na Cucumber1, Bean, dntined, C.bbagt, Bok Choy,
r1n1ed 175Na 2ANa Edamamo 20C VEGETABLES'( t-2 savings) le. Spinach Half cup cooked or 1 cup raw leafy
veg~lat.les Saladwl
Shreddod ½ c. Poat & C~mott Carroll 12C 7C
2 Tbtp Honey
mustard
dres,lna 195Na
FRUITS ( 1 s<Ning)
Holfcuo chopped or 1 m<dlum frut
½ c. Pin .. pplo 12C Orange 58C Applo8C 1 banana 8C ½ c. M3ndarlna 22C GRAINS (1-2 s..-vlngs) ½c. MiudRke 1 slice bread. ½ cup rice or pasta Ww Bread 130 Na & Ltnlll Pilaf ½ c. WG Nood las WN B1ead 130 Na ½ c. Mixed Brown (el leastone-hal ror sel'Angsshall be 2AN• 12Na Rle<12AN1 ~1loleor-olnsl
DAIRY and SOY Al TERNA TIVES
(1se<V)
8 ozrnlk. yo~ orso-1b~E,..ge or
I½ oLnce cheese( Most choices fat-
1% Milk 1% Milk 1% Milk 1•A Mltk 1% Milk
free or low-foll
~;~p~~~~!menlsl
KEY NUTRIENTSSp~itJIOlalmg of 25C mg 77C ViTl 28C mg 25C mg 42C mg Vifg Vil C VilC VilC VilC vitamin c. µg of vitamin Aln ""'91s. d1
µg l'9 l'9 JJ9 JJ9 S0dlum(<760mg,ma,t 8VIQ per ~'i<. 573A 250A V,tA Vil.A 374A VIL A 250A Vil A VII A Umtmeals >t.OOOmg sodium 10 ·-·
mg mg
""'
mg once pr wk) mg Sodium =• 343mg mg Sodium 459mg mg SOdit111 ma 111!1 Sodium SodilJTI mo Sodium NOTES. This meou pett«n Is de51gne-d fore sedttitary. 70+yearold remare. Rt,« lo tie Otdcc CahfoOOllllS ttm,oo Pr;Qgc,rn Maw Gtid,oce for details.

DEflole Vitamin C SOu-ce -25 mg dally, and Vitamin A Sou-ce -233 JJ9 three times pH week ' 'USDAr~ommEnds ea:ing • variety otvegelt!llles. lncludlng ell fivevegelable subgroups weekly (dark green, red orange. beans/peasAa,t,ls. st,rchy, other) 'One half of oil Breed/Grains must be whole grains.
'Usefn>I es• dessen as often es possible, limit sweets -The fn.it and grains served In dessert con coLnt 10'N,rds the fr\Ji1 end/or groin requirement 10/24/2023

Page 80 ends

SUNDAY
(opionlli)
mg
Vil.C
JJ9 Vil A
mg
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5 Week 1 2 3 4 EXHIBIT A, A·lANDA-2 ·ATTACHMENT 2-MENU PLANNING TEMPLATE-SUBMIT ONE MONTH (4 Weeks) Projoel: COngrega19I Home-d<iiver«[J To-1..J
Menu Patlern MONOAY TUESOAY WEDNESDAY THURSDAY FRIDAY SATURDAY (option"'>
Chlckonwl
b,.ndltd Ginger e .. 1 SpagheUI Pork Camhaa
PROTEIN (mnlmum 2 oz. equvaleol) tomato er.am 3 oz botf, 61N• Put11neaca MoaIlo1f 2oz equiv.•2oz.meatorh.,fcupbeMs
IIUCO glng"', gorllc, 3-4 oz ground 3 oz portc 53 Ila
(Usl portion size & food components or ell 3ozehfchn sc1llion1, bttf & portc 80Na BBQoauC<t extended Mwees. e g ., e<1ss«oles) 82N• ½c. C.bb•g• 3 oz tomato uoce 2 oz botf gravy thinned w~h 2 oz brandied 17C wi1hpoppCK, olive• 100N._ cooking liquid & caporo 22511• 8C 150/la Cream Sau~ Be•htoek 100Na
115Na
½c.llallan ½c. Brc>ccoli& ½cP60S& Yrc.Com&
Vogotablos 9C C.noto 30 ½ c. Spinach 12C C.noto, TC Block BNno 4C VEGETABLES1(1·2 s«vings) 22511•
Half cup cool<edor t cup raw leery vegelables ½c. Chickpea& ½c. Mashed Pot1t0<1110C Tomato Stew 15Na + 12Na ~ .. 6C edded
FRUITS ( 1 ser.lng) ½ c. Pln60pplo ½c. C.nned ½ c. Watennelon 7C Banana 8C Banana 8C Half cup chopped or t medium Jrut 12C Peache• 2C GRAJNs'( t-2 servings) ½c. Mixed
Mexican Rice t slice bfead. ½ cup nee or pasta ½c.WG(51½) ½ C, >&0% Mixod ½ c. 51½ WG Pasta WW er .. d 130Na 24Na (etleasl ont>-llolf of s«v!ngs shall be Whole P11t1 t2oa RJ .. 12Na 1211• COmTonilla 11 grrins) Na DAIRY and SOY ALTERNATIVES ( 1 s«v!ng)
8ozmlk, yoiµt. o<Soybw«ageor t½ounce
cheese 1% Milk 1'A Milk 1% Milk 1% Milk 1% Milk
(lloslcholces tat-tee or IO'N•fat)
~;~~':::,~/menls)
KEY NUTRIENTS 28C mg 49C mg 31C mg 75C v,';'g 62C mg v,rrg $1>Klly lotalmg ofvbtrinC, JJ9 ofvitemnAln V.t.C 1/itC V.lC V.lC meals.
v.i'i 25M JJ9 573A v..1 374A JJ9 JJ9 v.L"i SOdium (s700mg.me., .. ,eragep«wtelc. Vil A VllA Vil A Urritmeals 21,000 mg sodium lo once per 362 mg mg mg mg mg mg wt<i<) mg Sodium 326mg Sodium 640mg Sodl001 490mg Sodium Stetla SOdlum SOdium . NOTES. This mfflu pau«n Is designed for a s«lenlary, 70+yearold female. Re.er lo fie Ojd..-Caljlomlms M)lon program b'WY G\idmce Jo, details.

D<noteV.tamln C 5ou-ce-25mg dally, and Vitamin ASOu-ce-2331'\J flreetimes pt< wot!<• 'USDArl!Convnends ,asng a vanery of vegelables. lncludlng .,I,ve vegelable subgroups we<i<ly (dlll1< green. red orange. beM.,peasAenbls. starchy, o1'1er) 'One half of .,I Bread/Groins must be\\1lolegrains.
'Use fruit as a dessert as 011«1 as possi~e. llrril sweas -The tut and grains st<Ved In dessert cen counttowards fie ruil and/or grain requirement 10/24/2023
SUNDAY
(opion&I)
mg
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iv. Cultural and Ethnic Dietary Needs -Program staff and the Chef at Essen co, Inc. put a lot of thought into each month's menu to reflect the cultural and ethnic dietary needs of participants. The menus include items from various cuisines around the globe as well as vegetarian options for those program participants that do not eat meat. v. Locally Grown Foods When feasible, Program staff works with caterer to use locally grown foods. For example, sourcing local fruits and vegetables produce for use in meals. vi. Congregate Meals (Lot 1) Not applicable, description of services provided in separate proposal. vii. Transportation (Lot 2) The Nutrition Program offers a lunch shuttle for seniors in need of transportation. The lunch shuttle is offered Monday through Friday in conjunction with the congregate meal service. Participants must reside in the 92069 or 92078 zip code to be eligible for the lunch shuttle. Program staff verify residency prior to adding participants to the lunch shuttle. The shuttle is coordinated with subcontractor Facilitating Access to Coordinated Transportation (FACT).

Program staff work with FACT staff to arrange the shuttle rider list each day by 2 pm for the following day. The shuttle driver then follows the list and picks up seniors who may live in the same area and drops them off at the Center. Once lunch is over, the shuttle driver returns to pick them up. 6

Page 81 ends

viii. To-Go Meals (Lot 3) Not applicable, the City of San Marcos will not provide to-go meals. ix. Home Delivered Meals (Lot 4) Not applicable, the City of San Marcos will not provide home delivered meals. b. Participant Eligibility· Program participants must be aged sixty (60) or older to be eligible for the free Nutrition Program. Eligible participants must complete an annual assessment. Program staff monitor the annual assessment dates to remind and assist program participants with completing an updated assessment prior to the due date. The participant assessments are kept confidential in a locked file cabinet only accessible to background checked staff and volunteers. All congregate meals are served at the Center with the targeted population residing within the 92069 and 92078 zip codes but those residing in other zip codes will not be excluded. c. Job Descriptions The Senior Nutrition Program and all its components is accomplished by a dedicated team consisting of one (1) full-time Recreation Program Coordinator -Senior Services (9 hours per day), one (1) full-time Recreation Maintenance Aide (9 hours per day) one (1) part-time Recreation Program Specialist -Nutrition (4 hours per day), and one (1) part-time Recreation Program Specialist -Transportation Coordinator (4 hours per day). In addition, the Senior Activity Center has one (1) full-time Recreation Supervisor (9 hours per day), one (1) part-time Recreation Program Specialist -Events (4 hours per day), three (3) part time Front Desk Attendants (4 hours per day) and (1) one part-time Recreation Aide (4 hours per day) that support the Senior Nutrition Program as needed.

All program staff and volunteers will be oriented and trained to perform their assigned responsibilities and tasks per Title

22. 7

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Job Description: Recreation Program Coordinator-Senior Services BASIC OBJECTIVE:

Responsible for the supervision and coordination of the operation of the San Marcos Senior Activity Center Nutrition Program, Catch a Ride! Transportation Program and Information and Resources. Assist with supervision, planning, implementation, and operations of the senior activity center.

WORK SCHEDULE: 9 hours per day/ 40 hours per week
Pagt 83 or I06
8 Job Description: Recreation Program Specialist-Nutrition BASIC OBJECTIVE:

KNOWLEDGE OF:
• Basic supervision, supply inventory, safety and scheduling are required. • Ability to maintain records, understand and carry out oral and written instructions. • Maintain effective relationships with staff and volunteers. • Bilingual (Spanish) a plus, but not required.

WORK SCHEDULE: 20 hours per week
Job Description -Recreation Program Specialist -Transportation Coordinator BASIC OBJECTIVE:

Responsible for the coordination of the County of San Diego Senior Nutrition program Lunch Shuttle, a component of the Catch a Ride! Senior Transportation program
BASIC ASSIGNMENT:
• Assess customer eligibility and enrollment in the Catch a Ridel Senior Transportation program • Track and monitor nutrition program ridership and donations. • Monitor transportation requirements of the County of San Diego Senior Nutrition grant including program eligi- bility requirements.
• Assist in coordinating transportation for social and recreational activities for senior citizens. • Assist in daily operation of the nutrition program including intakes and assessments. • Reconcile and process transportation provider/sub-contractor invoices. • Community outreach
• Perform other related work as assigned.

QUALIFICATIONS:
• College degree preferred and experience in senior services, specifically transportation. • Use of good judgment in the scope of the assigned authority • Establish and maintain effective relationships with outside agencies and the public. 9 Pngt 84 of 106
• Demonstrate an awareness and appreciation of the cultural diversity of the community. • Effective phone and interpersonal skills
• Computer skills
WORK SCHEDULE: 20 hours per week
Job Description: Recreation Program Maintenance Aide
BASIC OBJECTIVE:

Serves the Nutrition Program and performs other related work as assigned. Cleans and/or maintains city facilities as assigned.

STANDARDS:

Education equivalent to a high school education.

WORK SCHEDULE: 9 hours per day/ 40 hours per week

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10 Job Description: Senior Nutrition Volunteer
BASIC OBJECTIVE:

QUALIFICATIONS:
• Food handler's card must be obtained and maintained.

Page 86 ends

e. Annual Training Plan (Attachment 3)
OLDER CALIFORNIANS NUTRITION PROGRAM ATTACHMENT 3

STAFF AND VOLUNTEER IN-SERVICE TRAINING PLAN
OFFEROR: City of San Marcos Senior Activity Center
Date of Training: 01/10/2024
Topic(s): First Aid
Source(s): Mayo Clinic
Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
Date of Training: 02/15/24
Topic(s): Cultural Awareness Training
Source(s): U.S. Department of Health and Human Services Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
Date of Training: 04/15/2024
Topic(s): Food Safety, Transport Sheet Completion and Handwashing Source(s): County Dietician
Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
Date ofTraining: 05/09/2024
Topic(s): Allergen Training
Source(s): OCNP updated Jan. 2023 (County Dietician)
Target Audience: Nutrition Program Staff & Volunteers
Trainer: Kimberly Valdovinos
TOTAL TRAINING HOURS: __ 4~-----
Duration of training (min): 60
Duration of training (min): 60
Duration of training (min): 60
Duration of training (min): 60
NOTE: Ensure topics comply with TITLE 22 sections 7636.5 Staff/Volunteer Training Requirements. Minimum 4 hours of training required annually.

Pagt 87 or l06
12 a. In addition to taking advantage of the City's internal cultural competence resources and training opportunities, the Senior Nutrition Program staff and volunteers will participate annually in Workplace and Harassment Prevention training. Topics included in this training are Sexual Harassment, Discrimination, Retaliation, and Abusive Conduct Prevention. The City of San Marcos is an affirmative action public entity and does not discriminate based on race/color, ethnic origin, national origin, sex, religion, age, veteran status or physical or mental disability in employment or the provision of service.
b. In addition to the scheduled training, the Coordinator will also conduct as-needed training if relevant topics arise, issues develop, or staff request them.
f. Nutrition Education
The Recreation Coordinator collaborates with the Recreation Specialist as well as the County Dietitian to create a Nutrition Education Plan that includes a minimum of four (4) educational presentations to be given to program participants throughout the contract period. These presentations are given prior to the congregate meal service on designated days. The presentations can be led by the County Dietitian, the Program Coordinator or Nursing students from local universities. Each year, the Program Coordinator conducts a participant survey to determine which nutrition or health topics the participants would like to learn about.

TITLE IIIC: SENIOR NUTRITION PROGRAM

NUTRITION EDUCATION PLAN & DOCUMENTATION
REQUIREMENT: Minimum 4 presentations per year to participants in Cl and C2 FISCAL YEAR· 2024 CONTRACTOR/SITE· San Marcos Senior Activity Center

CONGREGATE/ PROJECTED PRESENTATION

NUTRITION ED/ HEALTH HOME DATE DATE&
PROMOTION ACTIVITY DELIVERED/ # PARTICIPANTS
BOTH (Cl) & (C2)
Congregate 01/10/2024
Topic: Blood Pressure/
Cholesterol Cl# C2 #
X
Resource: County Dietician
Congregate 03/06/2024
Topic: Diabetes 101
Cl# C2 #
Resource: Eatright.org X
Congregate 05/08/2024
Topic: Cooking for One or Two
Cl# C2 #
Resource: NDSU Extension X
Congregate 06/03/2024
Topic: Nutrition & Healthy Aging
Cl# C2 #
Resource: Eatright.org X

Page 88 of 106 ends

San Marcos City CouncilMarch 26, 2024

San Marcos City Council
March 26, 2024