Director SAN JOAQUIN COUNTY PURCHASING AND ......2006/07/13 · REQUEST FOR PROPOSAL RFP # 13-16...

SAN JOAQUIN COUNTY

PURCHASING AND SUPPORT SERVICES

PURCHASING DIVISION

David M. Louis, C.P.M., CPPO, CPPB

Director

Jon Drake, C.P.M.

Deputy Director

44 N. San Joaquin Street Suite 540 Stockton, CA 95202

209/468-3240 Fax: 209/468-3393

Web Page Address: www.sjgov.org

June 7, 2013

TO: ALL PROSPECTIVE PROPOSERS FROM: REQUEST FOR PROPOSAL NO. 13-16 Senior Meals Program (Congregate Meals)

Ladies and Gentlemen:

The County of San Joaquin, Human Services Agency, Aging and Community Services (ACS), is soliciting Request for Proposals (RFP) to provide Congregate Meals for its Senior Nutrition Program. Prospective Proposer’s are responsible for having full knowledge of this project and all issues affecting it. General information regarding the RFP, a sample contract and technical specifications are included in this solicitation. Sealed responses are to be received no later than Thursday, July 11, 2013 at 2:00 PM PDT.

This will not be a Public Opening.

There will be a Pre-Proposal Conference scheduled for Tuesday, June 18, 2013 at 9:00 AM PDT (SHARP) at the Purchasing Department, 44 N. San Joaquin Street, Suite 540, Stockton CA. 95202.

Mail or deliver your response by the above date and time to the following address:

San Joaquin County Purchasing and Support Services County Administration Building

44 N. San Joaquin Street, Suite 540 Stockton, CA 95202

If you have any further questions, please contact me at (209) 468-3255 / 468-8325 Sincerely, Ricardo Delatorre Deputy Purchasing Agent

REQUEST FOR PROPOSAL RFP # 13-16

Senior Meals Program (Congregate Meals)

Due: No later than 2:00pm, PDT Thursday, July 11, 2013

San Joaquin County Purchasing and Support Services

44 N. San Joaquin Street, Suite 540

Stockton, CA 95202

BUYER:

Ricardo Delatorre,

Deputy Purchasing Agent

209.468.3255 / 209.468.8325

[email protected]

mailto:[email protected]

Senior Meals Program for Aging & Community Services RFP 13-16 Thursday, July 11, 2013 Page 1 of 57

TABLE OF CONTENTS

DESCRIPTION PAGE

KEY ACTION EVENTS AND DATES……………………………………………………..…………2 INTRODUCTION & PURPOSE…………………………………………………………………........3 GENERAL INFORMATION………………………….……………………………………………..…5 PROPOSAL, STRUCTURE, EVALUATION, & AWARD PROCEDURES………………………13 GENERAL PROPOSAL REQUIREMENTS & SUBMITTAL………………………………………20 IDENTIFICATION SHEET………………………………………………………………………….…25 REFERENCES………………………………………………………………………………………...26 PROPOSED LOCATION SHEET….………………………………………………………………...27 NON-COLLUSION AFFIDAVIT…….………………………………………………………………...28 PROPOSAL AUTHORIZATION SIGNATURE PAGE……………………………………………..29

ATTACHMENTS & EXHIBITS

EXHIBIT “A” – Sample Contract………………………………………………………………………30 ATTACHMENT 1 of PM 12-17 (P): 2012 California Title III-C Menu Planning Guidance………39


KEY ACTION EVENTS AND DATES

Listed below are the events and dates for this RFP. All dates are subject to revision.

Event No. Description Date 1. Release of RFP June 7, 2013 2. Pre-Proposal Conference – Review of RFP Tuesday, June 18, 2013 Start time 9:00am, located at 44 N. San Joaquin Street, Suite 540 Purchasing & Support Services Dept. Stockton, CA 95202 3. Last day for Proposers to submit questions Friday, June 21, 2013 Submit no later than NOON, PDT. 4 Last day for County to answer questions By the close of Business Wednesday, June 26, 2013 5. Proposal is due no later than 2:00 pm, PDT Thursday, July 11, 2013 6. Oral presentation and Food Taste Test TBD 7. Estimated Award TBD


INTRODUCTION AND PURPOSE

The County of San Joaquin is soliciting Request for Proposals (RFP) for the Human Services Agency - Aging & Community Services (ACS) Department. Prospective Proposers are responsible for having full knowledge of this project and all issues affecting it.

PURPOSE: ACS operates a year-round Senior Nutrition Program (SNP) that provides meals to residents 60 years of age and older throughout San Joaquin County. The purpose of the SNP is to provide nutritious meals, nutrition education, and nutrition risk screening to individuals. SNP consists of both the Home Delivered Meals Program and Congregate Meals Program.

The goal of the SNP is to maintain or improve the physical, psychological, and social well-being of older individuals in California, by providing or securing appropriate nutrition. The meals served are to provide one-third (1/3) of the Dietary Reference Intake (DRI). Funding for this program is provided through the Older Americans Act (OAA), administered by California Department of Aging (CDA), with local oversight by ACS.

Homebound seniors are served through the Home Delivered Meals, or Meals on Wheels (MOW) Program. At this time, San Joaquin County is not accepting proposals for Home Delivered Meals, as a contract award for frozen meals was made through RFP 11-21. County reserves the right to negotiate outside of RFP 11-21 if the County cannot provide cost-effective service to specified areas under the existing service/delivery model. Seniors who are capable of meeting at congregate meal sites throughout the County are served through the Congregate Meals Program. The goal of the Congregate Meal Program is to provide a nutritious meal to improve or maintain nutritional status, promote socialization, and maintain the independence of the individual. A total of approximately 225 congregate meals are provided daily to seniors, prepared in the Contractor’s central kitchen and transported to 12 meal sites. Congregate meals will be prepared in the Contractor’s central kitchen and transported to meal sites located in the County. Contractor’s central kitchen must be accessible and readily available to ACS, ACS designees, and/or Federal/State/local governmental agencies during normal business hours, Monday thru Friday, unless otherwise specified, as necessary to observe and/or monitor day-to-day operations of the Congregate Meals operation. ACS may request that the Contractor provides service outside of the normal delivery schedule and quantity (e.g. for special senior events/training). Congregate Meal services will be provided in accordance with the requirements in this RFP.


ACS is looking for the proposal that best meets the following criteria:

a. Provide nutritious meals which are particularly suited to the tastes and special needs of seniors and persons with disabilities;

b. Provide meals that meet 1/3 of the DRI; (See Attachment 1) c. Supervise and train all central kitchen employees and volunteers on safe

food handling; and d. If feasible, support volunteer group activities at the central kitchen.


GENERAL INFORMATION

1. All nutrition service providers will comply with:

a. Attachment 1 of PM 12-17 (P): 2012 California Title III-C Menu Planning Guidance

b. California Retail Food Code (CRFC) http://www.cdph.ca.gov/programs/Pages/fdbRetailFoodProgram.aspx

c. San Joaquin County AAA Policies and Procedures

2. Food chosen will vary from day to day. The policy requirements are: the food items within the meat, vegetable and fruit, and dessert groups must be different for same days of each week, thus providing a variety of foods and nutrients.

3. Proposer shall have a minimum 5-week rotation of unduplicated menus in order to provide a maximum amount of meal variety. Meals shall meet the nutrition standards specified by the Dietary Guidelines for Americans (DGA). The County requires 1% low fat milk. All meals shall be prepared to assure freshness and maintenance of all vitamins.

4. Menus shall be submitted in advance, and approved by the County. Changes to menu shall be made at the County’s request. Any deviation from menu or suggested changes due to short supply or other problems of the Contractor must be approved in advance by the Aging Program Coordinator or designee assigned by the County.

5. It is highly recommended that the Contractor operate from a central kitchen in San Joaquin. If the Contractor’s central kitchen is located outside of San Joaquin County, the Contractor must provide further assurances that food will be maintained at a safe temperature at all stages of food preparation to delivery. These meals shall be available in the quantity ordered and at the appropriate temperature. The central kitchen must comply with all federal, state and local fire, health, sanitation, safety and building codes, regulations, licensing requirements, and other provisions. The central kitchen must have the capacity to produce at least 225 meals per day. The Contractor will be responsible for the following with respect to the operations of the central kitchen.

1) Securing and maintaining licenses to meet requirements

of the local health department. 2) Maintenance to assure a clean, safe and sanitary environment.

6. Food Purchasing:

a. All foods used in the nutrition program must be in sound condition, free

from spoilage, filth or other contamination and shall be safe for human consumption.

http://www.cdph.ca.gov/programs/Pages/fdbRetailFoodProgram.aspx


b. Food must be procured from sources that comply with all laws relating to food and food balancing.

c. Food in hermetically sealed containers must be processed in an establishment that operates under appropriate regulatory authority. No home-canned food may be used.

7. Food temperatures must be maintained throughout all stages of preparation,

storage, transportation, and delivery to maintain food safety.

8. Delivery Specifications: All components of the meal, excluding milk, will be enclosed in a covered container or over-wrapped with a clear film. Meals may be delivered in bulk and portioned out by County representatives. Contractor shall provide complete packing list of product received, and wait at the delivery location until all required documentation including temperature reading logs and inventory received log has been completed.

9. Delivery Locations: ACS currently has 12 congregate meal sites located throughout San Joaquin County; however locations may be added or subtracted at any time during the contract period at the request of ACS. Proposer may bid for certain areas, or all 12. San Joaquin County reserves the right to negotiate territories with prospective bidder(s) to achieve full coverage of all service areas. It should be noted that some congregate sites do not wish to receive daily meals; for example, one site may operate two days a week. A listing of the congregate locations can be found at: http://www.sjaging.org/congmeal.htm

10. Observed Holidays:

a. New Year’s Day – January 1 b. Martin Luther King Jr.’s Day – Third Monday in January c. Washington’s Birthday – Third Monday in February d. Memorial Day – Last Monday in May e. Independence Day – July 4 f. Labor Day – First Monday in September g. Veteran’s Day – Second Monday in November h. Thanksgiving Day and Day After – Fourth Thursday & Friday in November i. Christmas – December 25 Holidays that fall on the weekend are observed on the nearest workday. Should any other holidays be observed in part or in full, Contractor will be provided with advance notice.

11. Policies and Procedures: Contractor agrees to operate by the policies and

procedures established by ACS in this RFP and to develop additional policies and procedures which are reasonable to the sound operation of the program. Contractor shall notify ACS management prior to implementing any

http://www.sjaging.org/congmeal.htm


change in the established policies and procedures. Written procedures are required, as applicable, for:

a. Procurement process that ensures quality, optimizes value, and appropriately manages associated expenses. Such process shall include the Contractor obtaining at least 3 bids for all sub-contractors providing service under this RFP or Contractor has a process to leverage volume pricing.

b. Employees and personnel matters, including but not limited to drug-free workplace, sexual harassment – See Attachment 2: Required Federal Terms and Conditions

c. Food temperature recording and reporting. d. Emergencies including kitchen or kitchen equipment failure, and

weather-related emergencies. e. Sanitation and safety. f. Collection of data and record keeping in order to provide required

information on the numbers of meals prepared, delivered to ACS, and in storage.

12. Training: The Contractor is required to employ an adequate number of qualified,

trained personnel to assure satisfactory performance under this Contract. At a minimum, the following requirements must be satisfied:

a. One or more persons at each production site must receive orientation on the basic concepts of food service sanitation and protection and within 60 days must earn a Certificate of Completion of a Sanitation Course approved by ACS. A training plan is to be submitted as part of the response to this RFP.

b. All staff (paid or volunteer) that is involved in any phase of food service

including receiving and storage, preparation, serving or delivery, and clean-up must be instructed at the beginning of their first day on the basic concepts of food sanitation and protection.

c. In-service training must be scheduled at least quarterly to reinforce and

strengthen sanitation requirements, enhance staff job performance, and resolve problems identified by the Contractor or ACS.

d. A detailed record of training provided and the signatures of those

participating are required to be retained by the Contractor.

e. It is the Contractor’s responsibility to notify ACS and the appropriate agency of any observance of unsafe food handling or sanitation practices at each production site.

13. RECORDS AND REPORTS: The Contractor will establish a monthly record and

reporting system to compile program and fiscal information for ACS to facilitate internal and external monitoring and evaluation. Records will be retained for a


minimum of seven (7) years, unless advised differently by ACS. Reporting will be in a format agreed to by ACS and will include, but not necessarily be limited to, the following:

a. Daily recording of the temperature of each food item, both hot and cold, as

it leaves the central kitchen and at the time of delivery to the congregate site.

b. Daily & monthly recording of the number of meals ordered by ACS for

each meal site.

c. Documentation of all costs by invoices, time records or other official records.

d. Any additional business that is carried out by the Contractor using the

kitchen.

e. Documentation of preparation of additional food items ordered by ACS.

f. Maintenance records of all equipment in the central kitchen.

g. Consumables ordered by ACS.

h. Documentation and attendance sheets from quarterly training.

i. Upon request by ACS, documentation of new employee orientation.

14. CONFIDENTIALITY: All information regarding a ACS program participant obtained in the course of providing services will be treated as privileged communications, will be held confidential, and will not be divulged without the written consent of the participant, his/her attorney or guardian, the responsible parent of a minor child, or his or her guardian or unless a legal order is issued under ORS 192.410-192.500. This requirement is not intended to prohibit the disbursement of aggregate data which does not identify individual participants or to limit the communication between ACS, the seniors or persons with disabilities, or other delegated parties.

15. GREEN PURCHASING POLICY & LOCAL VENDOR PREFERENCE:

Contractor agrees to operate services and recycle in accordance with the Green Purchasing Policy to the greatest extent possible as stated on the County’s website: http://www.co.san-joaquin.ca.us/SupportServ/dynamic.aspx?id=10128. The County shall grant a five percent (5%) evaluation preference to local vendors in accordance with the County’s Local Vendor Reference Policy: http://www.co.san-joaquin.ca.us/SupportServ/dynamic.aspx?id=10217

http://www.co.san-joaquin.ca.us/SupportServ/dynamic.aspx?id=10128

http://www.co.san-joaquin.ca.us/SupportServ/dynamic.aspx?id=10217


16. SPECIAL ORDERS: The Contractor may be given the opportunity to provide occasional special food service for ACS. These services will be billed and reimbursed separately.

17. ACS/CONTRACTOR DISPUTE RESOLUTION: All issues will be brought to

the attention of the Aging Program Coordinator, who will work with Contractor to resolve these issues. In the event that resolution cannot be obtained at the Aging Program Coordinator level, the Contractor shall submit, in writing, a formal statement of the grievance or dispute to the ACS Deputy Director. Contractor also agrees to meet in person with the ACS Deputy Director or designee as needed to discuss any potential issues. The ACS Deputy Director or designee will make the final decision on resolution of differences of opinion.

18. COMMUNICATION: ACS-Contractor Management Meetings: Contractor and Aging Program Coordinator will meet as needed to discuss county-wide issues related to this Contract. ACS will take responsibility for convening the management meetings; communicating meeting topic(s); and providing adequate notification. Meetings may include congregate site coordinators, Commission on Aging members, or other staff affiliated with the program.

19. MONITORING: In addition to monitoring of monthly billings, the Contractor can expect to have regular operational reviews conducted by ACS or other affiliated funding agencies. Such reviews may occur once per year (unless circumstances warrant otherwise). The Contractor will be notified in advance of the review date(s) and the topics to be covered by the review, which will include contract compliance and quality of service. The Contractor will be given a written copy of the review and an opportunity to respond. Deficiencies are expected to be corrected. The Contractor is also expected to cooperate in any participant satisfaction surveys which ACS may choose to undertake.

20. EMERGENCIES: It is the Contractor’s responsibility to notify ACS of Contractor’s inability to open the central kitchen and/or deliver scheduled meals due to emergencies by no later than 9 a.m. of the day of the closure. In the event of an emergency that prohibits Contractor’s use of the central kitchen for safety reasons, the Contractor shall have a written back-up plan for the preparation or procurement of meals for continued program service. The emergency back-up plan shall have the capacity to supply a two-week worth of meals to program participants. It is the responsibility of ACS and the Contractor to provide each other with phone numbers for emergency use, and to coordinate emergency service when deemed advisable.


21. FACILITY/OFFICE REQUIREMENTS: The Contractor is expected to provide a local contact for ACS Monday through Friday from 8:00 a.m. to 5 p.m. In addition, Contractor will provide adequate means for face-to-face meetings between Contractor and ACS, as needed.

22. SANITATION AND SAFETY REQUIREMENTS

a. Compliance with federal, state and local fire, health, sanitation, safety

and building codes, regulations, licensure, requirements, and other provisions relating to the public health, safety, and welfare is required in all stages of food service operations. Contractor is responsible for obtaining an annual operating license from the local health department.

b. Contractor is required to have a sanitation inspection of the central kitchen according to local health division requirements. A copy of the inspection report is to be mailed to ACS within five working days of receipt, along with a plan for any corrective action required.

c. The transport equipment, packaging materials, and procedure used by

Contractor to deliver food must be able to maintain meals in accordance with the California Retail Food Code, Article 2. Time and Temperature Relationships. Transport equipment is to be kept clean and free from undesirable odors.

d. Temperatures will be taken and recorded at the time the meals leave

the central kitchen and delivered to the meal sites and when accepted for delivery by congregate site staff. Records of these temperatures must be maintained in Contractor’s official files and, as requested, sent to the appropriate agency office on the first day of the new month.

e. Depending upon the procedure involved in food preparation, food

holding and delivery, additional temperature checks may be required

f. Food must be prepared, displayed, served and transported with the least possible manual contact, with suitable utensils, and on surfaces that, prior to use, have been cleaned, rinsed, and sanitized to prevent cross contamination. Hazard Analysis and Critical Control Points (HACCP) standards are to be followed consistently by all food service personnel.

g. Effective procedure for dish sanitizing, cleaning equipment, and work

areas must be written, posted, and followed consistently by all food service personnel.


h. Floors and walls must be routinely and properly maintained. Cleaning should be done during periods when the least amount of food is exposed and should utilize dustless methods.

i. Garbage cans or containers must be easily washable, non-absorbent

and watertight with tight-fitting lids kept in place, and located in hard-surfaced areas. No garbage or rubbish is to be disposed of or stored in cardboard boxes. The container and immediate area is to be kept neat and clean with frequent removal of solid waste.

j. The use of dish washing sinks for hand washing is not permitted. k. No person suspected of being infected with any communicable disease

or of being a carrier of such disease or while afflicted with a boil, infected wound or an acute respiratory infection should work in a food service facility in any capacity where there is a likelihood of such person contaminating food or food contact surfaces or transmitting disease to other persons. (Note: That means they should stay home.) No person with nausea, diarrhea, fever, or infected burns should prepare or serve food.

l. Contractor is required to meet all existing State and local licensing,

health and safety requirements for the provisions of services provided under Title III of the Older Americans Act, 45 CFR Part 1321.17 (f)(4).

m. Contractor is to comply with the U.S. Occupational Safety and Health

Code, 1910.1200).

n. Contractor shall provide to ACS copies of the Material Safety Data Sheets (MSDS) for all hazardous chemical to which Contractor’s employees and volunteers and employees/volunteers of ACS may be exposed.

o. The above requirements do not represent all of the requirements which

are applicable to the safe and sanitary processing of food. They are meant to highlight some of the types of requirements and expectations of the Contractor. For additional details and requirements, see the California Retail Food Code.

23. TRANSITION PLAN: If a transition to another contractor or service delivery

method is needed, it is expected that the transition from the current to the new meal preparation Contractor will appear seamless to SNP meal recipients, staff and volunteers. A transition plan will be submitted with this proposal. The plan will at a minimum address communication with ACS and Contractor; staffing; inventory; and steps that will be taken to assure a seamless transition. Seamless is defined as having no gaps or interruptions in services.


24. BILLING: Contractor shall submit invoices by the 15th of the month following the month for which services are being billed. The billing will fully document the number of meals delivered in total and to each congregate site. In the event special service orders are requested, this will be billed and reimbursed separately.

Contractor shall submit one original and one copy of each invoice to: HSA - Aging & Community Services (Attn: ACS Fiscal Unit) P.O. Box 201056 Stockton, CA 95201-3006 Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.

25. PRICING SPECIFICATION:

a. The price of the meals shall include all non-food items needed for the client to consume the meal, including, but not limited to paper products and utensils.

b. Pricing (per meal) shall hold firm for 2 years. Pricing is to include any applicable tax, packaging, delivery, non-food items, etc.

26. The County reserves the right to increase or decrease number of meals no more than 15% without price being affected with a 2 week notice.


PROPOSAL STRUCTURE, EVALUATION, AND AWARD PROCEDURES

This RFP does not commit the County to award a contract. The County reserves the

right to accept any proposal or reject any or all proposals if the County determines it is

in the best interest of the County to do so.

The County reserves the right to modify or cancel in whole or in part this RFP.

The County reserves the right to request clarification or additional information regarding

any aspect of the proposal from any proposer at any time. Such request does not

commit or obligate the County in any a manner as regards the final selection of

Contractor(s). The County reserves the right to negotiate with selected Contractor(s)

the scope of services and/or the costs.

This RFP does not commit the County to pay any costs incurred in the preparation of a proposal in response to this request. Proposers agree that all costs incurred in

developing this proposal are the proposer’s responsibility. Any travel expenses to

attend Bidder’s Conference or any other meetings related to this RFP shall be the

responsibility of the Proposer(s).

The County reserves the right to make use of any information or ideas in the proposal

and will not be obligated to pay or reimburse any proposer for such use. Any proposal

may be rejected if it is conditional, incomplete, or deviates from specifications in this RFP.

If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in

the RFP, the proposer shall immediately notify the Deputy Purchasing Agent of such

error in writing and request clarification or modification of the document. If a proposer

fails to notify the County prior to the date fixed for submission of proposals of a known

error in the RFP, the proposer shall submit a proposal at their own risk; and if the

proposer is awarded the contract, they shall not be entitled to additional compensation

or time by reason of the error or its subsequent correction.

All proposals accepted by the agency will be reviewed to determine whether they are responsive or non-responsive to the requisites of this RFP. Proposals that are

determined by the agency to be non-responsive will not be further considered. The

County’s Evaluation Committee will evaluate and rate all remaining proposals based on

the evaluation criteria contained within this section.


ACS currently has 12 congregate meal sites located throughout San Joaquin County; however locations may be added or subtracted at any time during the contract period at the request of ACS. Proposer may bid for certain congregate sites, or all 12. San Joaquin County reserves the right to negotiate program design and/or territories to achieve full coverage of all service areas for any aspect related to the Senior Nutrition Program.

Current locations are: 1. Arnold Rue Community Center - 5758 Lorraine Avenue, Stockton 95210 2. Boggs Tract Community Center - 533 S. Los Angeles, Stockton 95203 3. Escalon Community Center - 1055 Escalon Avenue, Escalon 95350

(Tuesdays and Thursdays only) 4. Franco Center - 144 Mun Kwok Lane, Stockton 95202 5. Lathrop Senior Center - 15707 Fifth Street, Lathrop 95330 6. Lolly Hansen Community Center - 375 E. 9th Street, Tracy 95376 7. Manteca Senior Center -295 Cherry Lane, Manteca 95336 8. Northeast Community Center -2885 E. Harding Way, Stockton 95205 9. Ripon Senior Center -433 S. Wilma, Ripon 95366 10. Stribley Center -1760 E. Sonora Street, Stockton 95205 11. Taft Community Center -389 W. Downing Ave, Stockton 95206 12. Venetian Terrace -5020 Virtue Arc Drive Stockton, CA 95207

All written proposals that conform to the required outlined in this RFP will be reviewed, and those determined to be the best qualified will be considered for further evaluation, such as an oral interview (including taste test).

The County reserves the right to negotiate a contract based on all factors involved in the written proposal without further discussion or interview; therefore the proposer’s initial proposal should contain the best programmatic and price terms that can be offered.


A Program Narrative should address the following topic areas:

Experience & Management Proposal (20 points)

The Management Proposal seeks to determine your organization’s administrative, financial, and experiential capabilities. Organizations which do not receive a passing score on the Management Proposal may be determined ineligible, regardless of their Technical or Pricing scores.

Determination of Experience

1. Using the format below, describe all contracts for meal preparation services held by your organization and any subcontractors within the past five years in California. Also, if applicable, provide this information for up to three contracts within the past five years.

Contracting Agency: Geographic Area Served: Type of Services: Number of Participants Served: Number of Meals Served: Length of Contract: Total Dollar Amount: Contact Person: Phone Number: Other Relevant Information:

Contact may be made with any or all of the listed agencies as references.

2. Describe in detail any instances where your organization has failed or

refused to complete a contract. Also indicate any pending litigation involving your agency or its principle officers in connection with any contracts.

3. Describe the experience, education, training, and qualifications of the

members of your organization’s management staff who are involved in providing meal program services, or similar services. Provide copies of resumes.

4. Which of the management staff described above will be assigned to this

Contract, if any, and at what full-time equivalent (FTE). If none, describe how you plan to fill the supervisory positions needed for this Contract and the minimum qualifications you will require.


Management Capabilities

1. Describe existing and/or proposed local organizational structure within San Joaquin County. Show the relationship between the existing or proposed local organization and the main office, if the headquarters of the Proposer’s organization is located outside of the San Joaquin County area. Explain how guidance and support for the local program will be provided and how delivery of service will be monitored. Indicate the time schedule for implementation of all proposed changes or additions to the structure that would result from the award of this Contract.

2. Describe how you will provide qualified and appropriate personnel and

management personnel in adequate number to accomplish the goals of the program.

3. Provide an explanation of your fiscal system(s) and procedures to comply with

federal, state and local governmental fiscal regulations.

4. As part of the Management Proposal, the following items must accompany this application:

a. Current and proposed organizational chart of your organization;

b. If different than 4.a., a current and proposed organizational chart

specific to the meal program;

c. A brief description, by job category, of the duties, minimum qualifications, and salary range for each position under this proposed contract, as shown on the organizational chart;

d. A copy of your organization’s most recent quarterly financial

statement (or the three most recent monthly statements).

e. One copy of your organization’s most recent audit; or, a statement from a CPA specifying that your accounting system is sufficient to meet all federal, state, and local requirements; and

f. A statement as to fiscal solvency, including a statement of having

sufficient cash flow to operate the program. The Proposer must be able to demonstrate the ability to ensure working capital which will cover program expenses for at least sixty (60) days.


Program Proposal (25 points)

1. Describe your capability of providing approximately 58,000 meals during the term of the contract, July 1, 2013 through June 30, 2014.

2. Submit a two-month menu starting July 1, 2013 – August 31, 2013 using the

standards listed under Daily Menu Requirements, Monthly Menu Planning Requirements, and Menu Planning. This will be the menu implemented for the first two months of this Contract, upon approval of the County.

4. Provide three examples of standardized recipes. How will you assure key food

service workers are familiar with and understand the need and purpose for using standardized recipes?

5. Describe how you will assure food palatability and acceptability.

6. How will you provide congregate meals?

7. How will you meet the following responsibilities with respect to the operation

of the central kitchen? a. Secure and maintain licenses to meet requirements of the local health

department. b. Maintain a clean, safe and sanitary environment; and c. Provide any repairs necessitated.

8. Provide Policies and Procedures for the following:

a. Food temperatures recording and reporting; b. Emergencies including kitchen or kitchen equipment failure,

and weather-related emergencies; c. Sanitation and safety; and d. Collection of data and record keeping in order providing

required information on numbers of meals. e. Provide a copy of your plan and procedures for meeting the

training requirements of this RFP. 9. Describe your monthly record and reporting system for compiling the

following program and fiscal information: a. Daily recording of the temperature of each food item, both hot

and frozen, as it leaves the central kitchen. b. Daily recording of the number of meals ordered by ACS and by

each site. c. Monthly record of frozen meals ordered. d. Documentation of all costs by invoices, time records, vouchers,

or other official records. e. Any additional business that is carried out by the Contractor

using the central kitchen.


f. Documentation of preparation of additional food items ordered by ACS.

g. Maintenance records of all equipment in the central kitchen. h. Consumables ordered by ACS. i. Documentation and attendance sheets from quarterly training j. Documentation of new employee orientation.

10. Describe your recycling process and green practices. 11. Describe your business office(s), operating hours, days and staffing.

12. Describe your process for communicating with the central kitchen

staff.

13. Who will be your emergency contact in the event of emergencies?

14. How will you assure local contact for ACS staff Monday through Friday from 8:00 a.m. to 5 p.m. and for face-to-face meetings between Contractor and ACS when needed?

15. Describe any problems you foresee in meeting the sanitation and safety

requirements of this RFP.

16. Provide a detailed transition plan.

The ideal proposer would have the operational design that is the most advantageous to the County, taking into consideration the price and such other factors or criteria which are set forth in this RFP.

EVALUATION Proposals will be evaluated and selected through a competitive process. Priority will be given to organizations that have demonstrated effectiveness, skill, and experience related to the program requirements identified in this RFP. The evaluation categories will be scored as follows:

Item Description Points

1 Experience & Management Proposal 20

2 Program Proposal 25

3 Quality of Food (includes taste test) 15

4 Suggested Menu 15

5 Price Per Meal 25

Total 100


COST STRUCTURE PROPOSAL

Item Description Year 1 & 2 Cost Per Meal

1 Congregate Meal (includes food & beverage)

2 Non-Food Accessories (utensils, paper products, etc.)

3 Delivery

Total

PRICING SHALL BE VALI D FOR A M INIM UM OF 90 WORKING DAYS FROM T IM E OF

OPENING .


GENERAL PROPOSAL REQUIREMENTS & SUBMITTAL

1. CONTRACTOR RESPONSIBILITIES:

All procedures and services must be in compliance with all Federal, State, and County Local Laws and Regulations. The Contractor will be responsible to deliver all meals to the stated locations as per the specifications as outlined in the General Information section; PM 12-17 (P) 2012 California Title III-C Menu Planning Guidance, California Retail Food Code, and San Joaquin County AAA Policies and Procedures.

2. SUBMITTAL FORMAT

Sealed Proposals will be received at the Office of the Purchasing Agent at 44 N.

San Joaquin Street, Suite 540, Stockton, CA, 95202, until Thursday, July 11,

2013, at 2:00 pm, PDT.

THE COUNTY WILL NOT ACCEPT PROPOSAL RESPONSES SUBMITTED BY

FAX OR EMAIL. An original proposal with original signatures and five (5) copies

(total of six complete packets) must be received on/or before 2:00 p.m. on

Thursday, July 11, 2013.

ALL PROPOSALS SHALL BE ADDRESSED AS FOLLOWS:

Request for Proposal 13-16

Ricardo Delatorre, Purchasing Agent

County of San Joaquin

Purchasing & Support Services

44 N. San Joaquin Street, Suite 540

Stockton, CA 95202

Phone Number 209-468-3255

The Proposal envelope shall have stated thereon the name and address of the

submitting Contractor.

PROPOSALS WILL NOT BE ACCEPTED AFTER Thursday, July 11, at 2:00pm,

PDT. ALL PROPOSALS RECEIVED AFTER SAID TIME AND DATE WILL BE

TIME-STAMPED AND RETURNED UNOPENED TO THE SUBMITTER.


One proposal must have wet signatures and be clearly marked “ORIGINAL” and five (5) copies clearly marked “COPY”, for a total of six (6) packets. Each copy must be securely bound with a binder clip; the original proposal and copies should be single-spaced with one-inch margins, and double sided and in 12-point Arial font. Page numbers should be included in the bottom left margin.

Proposals must include:

1) Identification Sheet 2) W-9 3) Licenses / Certifications as required 4) References Sheet 5) Proposed Locations Sheet 6) Non-Collusion Affidavit 7) Proposal Authorization Signature Page

8) Program Narrative as stated in the Cost, Evaluation and Award Procedures (maximum 25 pages, excluding attachments).

Program Narrative will include:

Experience & Management Proposal (20 points)

Program Proposal & Suggested Menu(25 points)

3. SAN JOAQUIN COUNTY RESPONSIBILITIES:

N/A

4. SPECIFICATION CHANGES:

The County may, during the proposal period, advise the Proposer in writing of additions, omissions, or alterations in the specifications. Changes shall be included in the RFP and become part of the specifications as if originally submitted.

5. AMENDMENTS: No one is authorized to amend this proposal in any respect, by an oral statement, or to make any representation or interpretation in conflict with the provisions of this RFP. If necessary, supplementary information in addendum form will be prepared and posted on the “Purchasing Open Bids” website. It is the Proposer’s responsibility to obtain, sign and submit all addendum(s) for the RFP at:

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp

If the Proposer fails to submit the signed addendum(s) with their proposal, this action will result in reject of the proposal

http://www.sjgov.org/supportserv/Control/PurchasingBids.asp


Any exceptions taken to this RFP shall be clearly stated in writing.

6. RFP WITHDRAWAL:

Any Proposer may withdraw their proposal, either personally or by written

request, at any time prior to the date and time due.

7. RIGHT TO REJECT PROPOSALS & APPEAL PROCESS:

San Joaquin County reserves the right to reject any and all proposals, or any part

of a proposal; to waive minor defects or technicalities; or to solicit new proposals

on the same project or modified project, which may include portions of the

original RFP document, as the County may deem necessary and in its best

interest. False, incomplete or unresponsive statements in connection with a

submitted proposal may be sufficient cause for rejection. The County will be the

sole judge in making such determinations.

Any written protest with respect to this RFP and the final selection must be based upon County violation or noncompliance with specific applicable

relevant law(s) or regulations (s) which must be cited in writing.

Differences of opinion about the merit of proposals recommended for

funding are not grounds for submitting an appeal. Written protests must

be sent within seven (7) calendar days immediately following the date of

notification of the recommendation to award a contract to:

Dean Fujimoto, Deputy Director

San Joaquin County – Aging & Community Services PO Box 201056

Stockton, CA 95201-3006

An appeal hearing, if held, will be at the discretion of the County. The

County will respond in writing to the protester within fourteen (14)

business days of the receipt of the appeal. Notification will include the

final decision and the basis for the decision. Such notification shall be

final.

8. EXAMINE SPECIFICATIONS: Proposer shall thoroughly examine and be familiar with the specifications herein. Failure or omission of any Proposer to receive or examine any form, instrument, addendum or other document, or become acquainted with existing conditions, shall in no way relieve Proposer from any obligations with respect to Proposer’s offer or to the contract. Submission of a proposal shall be taken as prima facie evidence of compliance with this section.


9. SITE INSPECTION:

Proposers shall examine the congregate meal sites, and are responsible for having acquired full knowledge of the job and of all issues affecting it. No variations or allowances from the contract sum will be made because of lack of such examination by the proposer. Proposers authorize the County or designees to inspect the proposer’s central kitchen or other operational locations prior to or after award.

10. ALL RFP DOCUMENTS PART OF FINAL CONTRACT:

Any RFP documents, letters and materials submitted by the Proposer shall be

binding and included as part of the final contract. Unauthorized conditions,

limitations or provisions attached to proposals may cause its rejection.

11. EXCEPTIONS:

Any exceptions to this RFP must be stated in your proposal. It is otherwise

assumed that the wording within this document is acceptable and agreed to by

the Proposer.

12. RESULTING CONTRACT:

Through the RFP process, the County reserves the right to negotiate a contract

based on all factors involved in the written proposal without further discussion or

interview.

The performance of the contract resulting from this proposal shall be governed,

construed and interpreted according to the laws of the State of California.

Terms and Conditions of a resulting contract shall be those of Exhibit A “Sample

Contract”. Any contentions must be submitted with your RFP.


13. NOTICE:

Any notice, demand, request, consent approval or communication that either

party desires or is required to give the other party shall be in writing and either

serviced personally or sent by pre-paid first-class mail, or the equivalent thereof

by private carrier. Any such writing shall be addressed to County of San

Joaquin, Purchasing Department, 44 N. San Joaquin Street, Suite 540, Stockton,

CA, 95202, Attention: Ricardo Delatorre / RFP # 13-16

14. TERM OF AGREEMENT:

The term of the resulting agreement will be for 2 years with the option to

renew for 3 additional 1-year periods at the County’s discretion.


IDENTIFICATION SHEET

RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL Type or print the following information: Company: Address: (City) (State) (Zip) Name: Title: E-mail: Telephone: ( ) Fax: ( ) Years in business: Number of employees: Name of Insurance carriers: Public Liability: Expires: Workers’ Compensation: Expires:


REFERENCES SHEET

SIMILAR CONTRACTS/RFPS PERFORMED: List below contracts under which the Proposer has provided similar services during the past seven to ten (7-10) years.

Proposer’s financial stability, technical and support capabilities will be verified through reference checking, which may include site visits and contact with other clients or Contractors.

FIRM NAME: _______________________________________________________________

ADDRESS:_________________________________________________________________

E-MAIL ADDRESS:

PHONE NUMBER:

CONTACT PERSON: _________________________________________________________

DATE OF CONTRACT: ___________________________through _____________________

FIRM NAME: _______________________________________________________________

ADDRESS: _________________________________________________________________

E-MAIL ADDRESS:

PHONE NUMBER:

CONTACT PERSON:


FIRM NAME: _______________________________________________________________

ADDRESS:

E-MAIL ADDRESS:

PHONE NUMBER:

CONTACT PERSON: _________________________________________________________



PROPOSED LOCATIONS SHEET RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL Type or print the following information: Company: Address: (City) (State) (Zip)

ACS currently has 12 congregate meal sites located throughout San Joaquin County; however locations may be added or subtracted at any time during the contract period at the request of ACS. Proposer may bid for certain areas, or all 12. San Joaquin County reserves the right to negotiate territories with prospective bidder(s) to achieve full coverage of all service areas. We are able to serve the following locations, and the cost structure proposal reflects service to these areas (check all that apply):

☐ Arnold Rue Community Center - 5758 Lorraine Avenue, Stockton 95210

☐ Boggs Tract Community Center - 533 S. Los Angeles, Stockton 95203

☐ Escalon Community Center (Tuesdays and Thursdays only)

- 1055 Escalon Avenue, Escalon 95350

☐ Franco Center - 144 Mun Kwok Lane, Stockton 95202

☐ Lathrop Senior Center - 15707 Fifth Street, Lathrop 95330

☐ Lolly Hansen Community Center - 375 E. 9th Street, Tracy 95376

☐ Manteca Senior Center -295 Cherry Lane, Manteca 95336

☐ Northeast Community Center -2885 E. Harding Way, Stockton 95205

☐ Ripon Senior Center -433 S. Wilma, Ripon 95366

☐ Stribley Center -1760 E. Sonora Street, Stockton 95205

☐ Taft Community Center -389 W. Downing Ave, Stockton 95206

☐ Venetian Terrace -5020 Virtue Arc Drive Stockton, CA 95207


NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106, the bidder declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other proposer to submit a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the Proposer has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. NOTE: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the

signature portion thereof shall also constitute signature of this Non-collusion Affidavit. Proposers are cautioned that making a false certification may subject the

certifier to criminal prosecution.

Proposer’s Signature _______________________ Date ______________________


PROPOSAL AUTHORIZATION SIGNATURE PAGE

The undersigned, having carefully read and examined this RFP, and being familiar with (1) all

the conditions applicable to the work for which this proposal is submitted; (2) with availability of

the required equipment, materials and labor hereby agrees to provide everything necessary to

complete the work for which this proposal is submitted in accordance with the proposal

documents for the amounts quoted herein and further agrees that if this proposal is accepted,

within five (5) days after the contract is presented for acceptance, will execute, and mail a

signed contract to the County of San Joaquin Purchasing Agent.

This Signature/Authorization page must be in Section 1 of your Proposal.

___________________________________ __________________ Signature of Authorized Agent Date _________________________________ Printed Name of Authorized Agent

Phone E-mail


- 30 -

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY

CONTRACT ID#

Contract Amount $

PARTIES: COUNTY: County of San Joaquin Purchasing & Support Services 44 N. San Joaquin Street Suite 540 Stockton, CA 95202-2931 With copies to: County of San Joaquin CONTRACTOR: Name Address City Contact Name Contact Phone # Contact Email: This Agreement is made and entered into this _____________day of _____________, 2013____, by and between ___________________, an Independent CONTRACTOR (hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the State of California for ________________(hereinafter “COUNTY”).

ORDER OF PRECEDENCE

Each of the items listed below is hereby incorporated into this Agreement by this reference. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations, this

Agreement and its exhibits.

2. COUNTY Request for Proposal Number ____________.

3. CONTRACTOR’S Proposal dated ___________________.


1. Scope of Professional Services:

CONTRACTOR agrees to provide services

CONTRACTOR shall perform the CONTRACTOR’S work in accordance with currently approved methods and standards of practice in the CONTRACTOR’S professional specialty.

2. Term of Agreement: This Agreement shall commence when fully executed through ___ day of ______, 20__,

unless said work is completed on a date prior thereto or unless terminated earlier as provided herein or extended upon mutual agreement.

3. Interpretation This Agreement shall not be interpreted in favor of any Party by virtue of said Party not

having prepared this Agreement. If any time period provided for in this Agreement ends on the day other than a Business

Day, the time period shall be extended to the next Business Day.

4. Compensation:

COUNTY agrees to pay CONTRACTOR an hourly amount of ($). The total payments made for services performed pursuant to this Agreement shall not exceed ________________ DOLLARS ($00,000.00).

5. Invoicing:

CONTRACTOR shall submit one original and one copy of each invoice to County of San Joaquin, _____________________________________________________. All invoices must reference this Agreement Number/Contract ID # and the service performed. Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.

6. CONTRACTOR’S Status:

In the performance of work, duties and obligations imposed by this Agreement, the CONTRACTOR is at all times acting as an Independent CONTRACTOR practicing his or her profession and not as an employee of the COUNTY. A copy of CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to COUNTY. The CONTRACTOR shall not have any claim under this Agreement or otherwise against the COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits. The CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned.


7. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of the CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract their obligation herein without the prior written consent of San Joaquin County. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

8. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

9. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless the County of San Joaquin and its employees, officers, directors, contractors and agents from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or Subcontractors.

CONTRACTOR shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this order.

10. Insurance CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to the Purchasing Department showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to the COUNTY. The COUNTY at its discretion, may waive in part or in full insurance requirements. CONTRACTOR is required to provide insurance unless notified by the COUNTY’S Purchasing Agent of any waivers. CONTRACTOR agrees that CONTRACTOR is responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors/CONTRACTOR’S who provide services pursuant to this Agreement. Copies of insurance certificates shall be filed with the COUNTY’S Purchasing Agent.


General Liability Limits 1. BI & PD combined/per occurrence $1,000,000 /Aggregate $1,000,000 2. Personal Injury/Aggregate $1,000,000 3. Automobile Liability/per occurrence

CONTRACTOR agrees to defend, hold harmless and indemnify the COUNTY for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

Professional Liability 1. Professional Liability/as appropriately relates to $1,000,000 services rendered. Coverage may include medical malpractice and/or errors and omissions.

Workers’ Compensation and Employer’s Liability Statutory requirement

11. Discrimination: CONTRACTOR shall not discriminate because of age, ancestry, color, creed, marital

status, medical condition (cancer or genetic characteristics), national origin, physical or mental disability, political affiliation or belief, pregnancy, race, religion, sex (includes sexual harassment) and sexual orientation.

12. ADA Compliance:

CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)

13. Notices:

Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

14. Termination: If the CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties

under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, the COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement. In addition, either party may terminate this Agreement upon thirty (30) days written notice to other party.


If the County Board of Supervisors fails to appropriate funds to enable County

Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and CONTRACTOR will be given written notice of such termination.

15. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no interest, including, but not limited to, other projects or independent contracts, 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. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by CONTRACTOR under 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 written approval of COUNTY. Performance of services under this Agreement by associates or employees of CONTRACTOR shall not relieve CONTRACTOR from any responsibility under this Agreement.

16. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

17. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either the CONTRACTOR or the COUNTY.

18. Compliance:

CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

19. Governing Law and Venue:

The Laws of the State of California shall govern this Agreement. Venue is San Joaquin County. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.


20. Documents:

All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of the COUNTY whether executed by or for the CONTRACTOR for COUNTY, or otherwise by or for the CONTRACTOR, or by or for a subcontractor operating under the CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

21. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all right, title, and interest in and to the Custom Products shall vest in the COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of the COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner:

201_ County of San Joaquin. All rights reserved.

22. Data Security – Confidentiality

a. Acknowledgment of access to information characterized as covered data

Contractor acknowledges that its contract/purchase order (“Agreement”) with the County of San Joaquin, California( “County”) may allow the Contractor access to confidential County information or County provided information including, but not limited to, personal information, records, data, or financial information notwithstanding the manner in which or from whom it is received by Contractor (“Covered Data”) which is subject to state laws that restrict the use and disclosure of County information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.


b. Prohibition on unauthorized use or disclosure of covered data and information Contractor agrees to hold Covered Data received from or created on behalf of

County in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Contractor will notify County in writing prior to any disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County.

c. Safeguard standard Contractor agrees that it will protect the Covered Data according to commercially

acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

d. Return or destruction of covered data and information Upon termination, cancellation, expiration or other conclusion of the Agreement,

Contractor shall return the Covered Data to County unless County requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) calendar days after the conclusion of this Agreement. Within this thirty (30) day period, Contractor shall certify in writing to County that the return or destruction has been completed.

e. Reporting of unauthorized disclosures or misuse of covered data and information Contractor shall report, either orally or in writing, to County any use or disclosure

of Covered Data not authorized by this Agreement or in writing by County, including any reasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been unauthorized use or disclosure. Contractor’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide County other information, including a written report, as reasonably requested by County.


f. Examination of records County and, if the applicable contract or grant so provides, the other contracting

party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. Contractor shall retain project records for a period of five years from the date of final payment.

g. Assistance in litigation or administrative proceedings Contractor shall make itself and any employees, subcontractors, or agents

assisting Contractor in the performance of its obligations under the Agreement available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

h. No third-party rights

Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

i. Attorney's fees

In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by in-house counsel shall be calculated by applying an hourly rate commensurate with prevailing market rates charged by attorneys in private practice for such services.

j. Survival

The terms and conditions set forth shall survive termination of the Agreement between the parties.

23. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.


IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement on the day and year first written above.

CONTRACTOR Name COUNTY OF SAN JOAQUIN, a Address political subdivision of City, State and Zip the State of California

By: _________________Date:______ By: ____________________Date:_____ Signature, Authorized Agent David M. Louis, C.P.M., CPPO, CPPB Director Purchasing & Support Services

By: ____________________________ Printed Name of Authorized Agent

APPROVED AS TO FORM Office of County Counsel

By_____________________Date:______ Gilberto Gutierrez Deputy County Counsel

Buyer of Record:




















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