COMMISSIONERS’ OFFICE

MONROE COUNTY

Commissioners: Solicitor: John R. Moyer, Chairman John B. Dunn Charles A. Garris, Vice-Chairman John Christy, Commissioner Chief Clerk/Administrator: Greg Christine

NOTICE TO BIDDERS

Sealed proposals will be received by the Monroe County Controller on behalf of the Monroe County Area Agency on Aging at the Monroe County Administrative Center, Room 206, 1 Quaker Plaza, Stroudsburg, PA 18360. Sealed bids must be received by no later than 1:30 P.M on August 3, 2018 and will be opened publicly in the Commissioners Public Meeting Room (Room 203) at 2:00 P.M. that same day for the following service:

CONGREGATE MEALS

to be provided for the period of September 1, 2018 through June 30, 2021

Detailed specifications may be secured at the Office of the Chief Clerk, Monroe County Commissioners' Office, Administrative Center, 1 Quaker Plaza, Room 201, Stroudsburg, PA 18360 or by phoning (570) 517-3102. or on the County Website at www.monroecountypa.gov; “Under Quick Links” click on “County RFP/Bid Notices”. Technical assistance and clarification regarding the terms and conditions of this RFP should be directed to the Monroe County Area Agency on Aging, by emailing monroeaging@monroecountypa.gov or by calling 570-420-3735.

A pre-bid conference will be held on Thursday, July 26, 2018 at 2:00 P.M. at the Monroe County Area Agency on Aging, 724 Phillips Street, Suite 102, Stroudsburg, PA l8360. Bid security in an amount not less than 10% of the amount of the total bid submitted must be enclosed with the bid in the form of cash, a certified check, a bank good faith check or other irrevocable letter of credit drawn upon a bank authorized to do business in the Commonwealth, or a bond with corporate surety. A bid lacking the required bonding or security will not be considered. All bonds or security deposits must be original documents and properly executed to be accepted. Bid security will be returned to unsuccessful bidders. The successful bidder shall be required to furnish a bond guaranteeing performance of the contract with sufficient surety in the amount of fifty percent of the amount of the contract within thirty days after the contract has been awarded. The bid must remain valid for sixty days from the date of the bid opening. The Commissioners reserve the right to reject any and all proposals or parts thereof, or to waive any formalities or technicalities in said bid and to award the contract in such a manner as may appear to be in the best interest of the County of Monroe. MONROE COUNTY BOARD OF COMMISSIONERS _____________________________________________ Greg Christine, Chief Clerk/Administrator PUBLISH: July 19 and 24, 2018

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Monroe County Area Agency on Aging

Request for Proposal Congregate Meals

September 2018 - June 2021

Table of Contents PAGE # SECTION I GENERAL INFORMATION 2 SECTION II INFORMATION REQUIRED 5 SECTION III CRITERIA FOR SELECTION 7 SECTION IV QUESTIONNAIRE 8 SECTION V SPECIFIC SERVICE DESCRIPTION 10 SECTION VI SAMPLE CONTRACT 46

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SECTION I

GENERAL INFORMATION PURPOSE This Request for Proposal (RFP) provides interested applicants with the information to enable them to prepare and submit sealed proposals for consideration by the Monroe County Commissioners to satisfy the need for congregate meals for consumers of the Monroe County Area Agency on Aging. Last year’s meal count was 6501 meals. ISSUING OFFICE This RFP is issued for Monroe County by the Monroe County Commissioners. Correspondence regarding this RFP must be directed in writing or by email (mmegargle@monroecountypa.gov) to Mary Claire Megargle. TYPE OF CONTRACT It is proposed that if a contract is entered into as a result of this RFP, it will be a unit cost reimbursement contract comparable to the standard contract found in Section VI. The unit of cost is a complete meal including delivery to the Senior Centers. The Monroe County Area Agency on Aging will assume that the cost quoted on the enclosed Formal Bid Sheet meets all the specifications described without qualification. The unit cost is assumed to include all costs for all functions required to ensure compliance and/or fulfillment of the service as defined herein. Proposal unit price will remain effective for the three (3) year contract period with the opportunity for two (2) one (1) year extensions. Negotiations may be undertaken with the applicants whose proposals demonstrate that they are qualified, responsible and capable of providing the service as described in Section V (Specific Service Description) of this RFP. PRIOR COSTS The Monroe County Commissioners are not liable for any cost incurred by the applicant prior to approval of a contract. The County will not be responsible for any costs associated with the preparation, submittal, or presentation of any Proposal. If the County rejects a Proposal or does not award a Contract to any particular Proposer, the Proposer agrees that it will not seek to recover lost or expected profits, Proposal preparation costs or claims for unjust enrichment. REJECTION OF BIDS The Monroe County Commissioners reserve the right to reject any and all bids, to waive technical defects, and to accept or reject any part of any bids, if in their judgement the best interests of the project will not be served. No bid will be considered unless proposed price is firm and without qualification.

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Failure to fully complete the enclosed questionnaires and supply all information required may disqualify bids in consideration. Bids will remain firm for sixty (60) days following proposal opening unless another date is indicated on Formal Bid Sheet. To be considered, contractors must submit a complete response to this RFP, using the format provided. Each bid must be submitted in four (4) copies to the Issuing Office. No other distribution of bids will be made by the contractor. Bids must be signed by an official authorized to bind the contractor to its provision. ECONOMY OF PREPARATION Bids are to be prepared simply and economically providing a straight forward, concise description of the applicant's ability to meet the requirements of the RFP. PRE-BID CONFERENCE A pre-bid conference will be held for all interested parties on Thursday, July 26, 2018 at 2:00 p.m. at the Monroe County Area Agency on Aging, 724 Phillips Street Suite 102, Stroudsburg, PA l8360. The purpose of the pre-bid conference will be to clarify any points in this RFP which may not have been clearly understood. Questions from applicant agencies requesting a conference must be forwarded in writing to Monroe County Commissioners prior to the meeting to ensure an accurate response. The pre-bid conference is for information only. Answers to questions will not be official until verified in writing by Monroe County Commissioners. Answers to questions asked that change or substantially clarify the RFP will be affirmed in writing; copies will be provided to all recipients of the RFP. FACILITY INSPECTION Submission of a bid authorizes a commissary (preparation facility) inspection by the Monroe County Area Agency on Aging and/or representative of the Monroe County Area Agency on Aging. The Bidder must comply with the Pennsylvania Department of Agriculture, Department of Health and Department of Environmental Protection licensure and inspections, storage capacity, and including, but not limited to, terms noted in this RFP.

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PRIME CONTRACTOR’S RESPONSIBILITIES The selected agency will be required to assume responsibility for all services offered in this bid, or for those services negotiated separately, whether or not it provides them directly. Further, the agency may not enter into subcontracts for services or functions offered under this bid without the express and written permission of the Monroe County Commissioners. In association with the provision of services, the contractor will be required to maintain and provide proof of adequate liability and workman's compensation insurance coverage’s. AFFIRMATIVE ACTION REQUIREMENTS Applicants are required to comply with all State and Federal laws/regulations requiring equal opportunity and treatment in the areas of employment, contracting and service provision. The necessary form is attached to and must be signed as part of the contract. MAINTENANCE OF EFFORT The Provider Agency may not use funds under this contract to replace funds/reduce effort from other sources. TERMINATION CLAUSE The County shall have the option of terminating this contract for convenience with thirty (30) days written notice to the Provider, return receipt requested. The County or Provider shall have the option of terminating this contract for cause with thirty (30) days written notice to the other party, return receipt requested. Specific grounds for termination will be refusal/lack of service to assigned clients. More than two (2) such incidents in any given month in the aggregate may subject the contractor to termination action. DISCLOSURE OF BID CONTENTS Cost and price analysis information provided in the bids will be held in confidence and will not be revealed or discussed with competing applicants. If a bid contains any information that the applicant does not want disclosed to the public or used by Monroe County Commissioners for any purpose other than evaluation of the bid, each sheet of such information must be so marked. OPENING OF BIDS Sealed bids will be opened publicly at the Monroe County Commissioners’ Public Meeting Room, (Room 203), at the Administration Building, 1 Quaker Plaza, Stroudsburg, Pennsylvania on Friday, August 3, 2018, at 2:00 p.m. A certified check (not bank check) or bid bond of corporate surety, in the amount of 10% of the total bid amount is the only acceptable form for the bid bond. It is to be made payable to the Monroe County

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Commissioners and shall be enclosed with the bid. PERFORMANCE BOND: The successful bidder shall be required to furnish a bond with sufficient surety guaranteeing performance of the contract in the amount of 50% of the amount of the contract, within 30 days after the award of the contract, or by the date of the effective date of the contract, whichever is sooner. All envelopes submitting RFP/bid shall be marked: "RFP/BID –CONGREGATE MEALS”

SECTION II

INFORMATION REQUIRED The following material must be submitted with your proposal: l. The completed questionnaire. (SECTION IV) 2. A company organizational chart and a plan for the administrative management and supervision staffing proposed under the specification and experiences of each. Submit proof that the company has a dietitian available as needed for the provision of services under this provision. State the frequency the dietitian will be required to visit the company’s kitchen during preparation activities for this contract. Bidder must certify that the Pennsylvania Department of Aging’s nutrition standards are met as outlined in the Aging Program Directives #15-03-01 and 15-03-02. See: http://www.aging.pa.gov/publications/aging-program-directives/Pages/Program-Area-03---Congregate-Meals.aspx 3. A work plan - describing your plan for accomplishing the work necessary to fulfill

this bid. 4. Cost and Price Analysis - The information requested in this section is required to

support the reasonableness of your quotation and is for internal project use only.

a. Personnel Costs - Itemize so as to show the following for each category of personnel with a different pay rate, including normal benefits, e.g. Manager, cook, driver

b. Equipment - Identify in detail and show estimated cost of all equipment which must

be purchased in order to perform this bid.

c. Other Costs - Show estimate of costs for items which do not fit in any of the above categories.

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d. Total Cost - The sum of items a-c. 5. Proposed rate – an all-inclusive price per meal 6. State in concise terms your understanding of the work to be performed under this

contract. Clearly state your understanding of the respective roles, written procedures, responsibilities, and authorities of the Area Agency on Aging and the Food Services provider in providing Nutrition Services.

7. In narrative form describe the general history of your agency in providing Nutrition

Services. The bidder must provide all of the following:

A. Describe your qualifications to provide meals to off-site senior centers. Describe your qualifications and demonstrated successful experience in preparing and delivering food services of acceptable quality and temperature levels within an established time schedule to multiple senior community centers.

B. A description of your agency’s primary mission. Provide details of the legal

authority to operate or submit a copy of the certification of incorporation. C. If a multi-service agency, list the other services provided in addition to

Nutrition Services and a description of how the other services relate to the provision of Nutrition Services.

D. For the preceding year indicate the total food service business volume ($), by

type. E. If part of a franchise or an extension of a multi-purpose organization, describe

the parent organization and its involvement pertinent to the development and operation of the agency.

8. Liability and Worker’s Compensation Insurance Certificates - "The County requires

that Certificates of Insurance evidencing the existence of such insurance must be attached to the contract at the time it is executed by the County and identified as Appendix H. If the expiration date of the insurance certificate attached does not meet or exceed the expiration date of the contract, the provider must provide a new certificate of insurance covering the remainder of their contract with the County on or before the expiration date of the attached insurance certificate."

9. Copy of any pertinent licensure or certification. This includes any licensure or

certification of Provider’s overseeing dietician; Pennsylvania Department of Agriculture license to serve food; and a current Pennsylvania Food Employee Certification.

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SECTION III

CRITERIA FOR SELECTION

All bids received shall be submitted to evaluation by the project for the purpose of selecting the bids which most closely meet the requirements of this Request for Proposal. The following areas of consideration will be used in making the selection.

1. Completion of requirements as listed in SECTION II of RFP.

2. Contractor Qualification – The criteria includes the ability of the contractor to meet the term of the RFP.

3. Professional and Supervisory Personnel – This refers to the qualifications or

professional and supervisory personnel who would be assigned to the job by the contractor.

4. Soundness of approach – This refers to the methodology the contractor

intends to use in the performance of the contract.

5. Cost – The contractor estimated cost will be considered in terms of reasonableness in relation to the bid tasks. While this area will be weighted heavily, it will not be the sole deciding factor in the selection process.

6. Lowest responsible bid will be selected. 7. Proximity of the food commissary to the delivery area will be taken into

consideration.

VENDOR QUALIFICATIONS

One year’s experience is required with congregate food service that is based on Registered Dietician menus.

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SECTION IV QUESTIONNAIRE

Failure to fully complete this questionnaire may be deemed sufficient reason to reject your bid. l. Name of Company Address: Telephone Number (area code) 2. Location of Branch Offices in Pennsylvania: ─────────────────────────────────────────────── ─────────────────────────────────────────────── 3. Public Non-Profit Public for Profit Private for Profit Private Non-Profit 4. How long have you been in business? 5. Approximate yearly volume of business 6. Give the names and locations of customers you are serving or have served of

comparable size to the operation described in this proposal: Name Address Name Address Name Address 7. Describe your method of supervision above the local manager level. How often do

owners or regional managers visit operations? How far away from the project are the owners located? Are they on call for trouble shooting, etc.? Attach a separate sheet describing how you operate in this regard.

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8. Contractor's IRS identification number: 9. This provider complies with: a. The Federal Civil Rights Act, l964, as amended. b. Pennsylvania Human Relations Act, as amended (43 P.S. 95l, et seq.

c. Executive Order #ll246 as amended by Executive Order #ll375 and Executive Order No. l984-l (issued by the Governor, February l6, l984).

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SECTION V

SPECIFIC SERVICE DESCRIPTION CONGREGATE MEALS

Scope of Services

1. Provision by PROVIDER of meals at designated project sites in Monroe County. (See APPENDIX A)

2. Complete meals and/or portions as ordered by the AGENCY are to be

delivered to designated sites between 9:30 AM and 10:45 AM. Individuals delivering food to the site must have the delivery receipt signed by the sites representative. (No delivery will be considered complete until the delivery receipt is signed or initialed, and until the temperature and/or time stamp of each menu item has been verified and recorded on delivery receipt.)

3. The PROVIDER shall furnish all necessary equipment, personnel, supplies and

facilities for the preparation and delivery of meals.

4. In the event that Project Sites are required to close due to weather conditions, such meals, or portions of meals, are not to be delivered as determined by the AGENCY, with notification to the PROVIDER by 7:30 AM that day. AGENCY will not be charged for meals cancelled by 7:30 AM on day of delivery.

5. There will be no meal delivery on holidays as noted on the holiday schedule

listed in APPENDIX B.

6. The PROVIDER will service all special functions requested by the AGENCY on any working day during the term of this AGREEMENT. The AGENCY and the PROVIDER shall come to mutual agreement with regard to special arrangements for such meals and special banquets. A minimum of two (2) weeks notice will be given to the PROVIDER for special functions.

7. The PROVIDER or the PROVIDER’S authorized representative shall meet at

least twice per year with AGENCY’s contract manager, site managers and Dietitian to discuss the following: seasonal adjustments to menu, meal quantity, meal quality, acceptability by seniors, delivery and service problems, vendor's compliance with specifications and in-service training needs of meal program related staff and volunteers.

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8. The AGENCY’S and Center Services’ designated employees shall have the right and authority to:

a) Inspect food to determine compliance with the specifications and to reject

food not meeting specifications and to authorize withholding of payments for meals or portions of meals not meeting prescribed requirements.

b) Inspect at any time the PROVIDER’S food preparation, packaging and

storage areas, food containers, etc., in order to determine the adequacy of the PROVIDER’S cleaning, sanitation and maintenance practices.

9. The PROVIDER shall comply with all Federal, State and Local laws and

regulations governing the preparation handling and transporting of food and shall procure and keep in effect all necessary licenses, permits, and food handler’s cards as are required by law. Such licenses, permits and cards shall be posted in a prominent place within the meal preparation area. (See APPENDIX H, Sanitation Standards for the Department of Aging Funded Nutrition Services.) The PROVIDER may be subject to a pre-bid review of their facilities, licenses and certifications

10. Meals may be delivered reheated, cold or frozen. To prevent bacterial growth,

foods must maintain safe food temperatures as noted for hot and cold foods. If frozen, food temperature must be -10 degrees to 0 degrees F during transportation and delivery.

11. At a minimum, food temperatures must be checked and recorded at the point of

final preparation, prior to delivery to the meal site, at the point of receipt at the meal site, and immediately prior to meal service.

12. To assist in maintaining proper food temperatures, hot and cold foods must be

kept in separate containers from the point of preparation, through delivery.

13. The temperature of hot foods must at no time drop below 135 degrees F from the point of preparation, through delivery and during meal service.

14. The temperature of cold foods must remain below 41 degrees F at all times.

15. In the event that the PROVIDER fails to provide any meal or portion of meals

or other food to the Project Sites, as agreed upon, the AGENCY may procure a meal or meals or other food elsewhere and charge the PROVIDER the cost of such replacement meal or meals or other food, plus any expenses incurred by the AGENCY in procuring such replacement meal or meals or other food.

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16. Training The AGENCY will advise the PROVIDER of available outside training

programs for staff and volunteers. PROVIDER’s staff and volunteers will be permitted to attend training sessions as offered by the AGENCY.

17. Provider Staffing and Administration

The PROVIDER staffing chart, administrative procedures and position descriptions are attached as APPENDIX "C".

MEAL REQUIREMENTS, MENU DEVELOPMENT & SUBMISSION

1. Since nutrition services provided through Title III of the Older Americans Act are designed to promote better health and well-being for older adults through improved nutrition, it is necessary to ensure that meals are nutritionally adequate and satisfying to program participants. The established menu format and menu writing requirements achieve this goal. It is required that all menus are reviewed and authorized by an approved dietitian to ensure that DHHS meal reimbursement requirements are met. A menu cycle of at least 21 days is required. A sample of a menu cycle is found in APPENDIX E. An approved dietician is an individual with a bachelor’s degree in dietetics who has successfully completed the national examination of the Commission on Dietetic Registration (CDR) and maintains continuing education requirements as established by the CDR. The Dietitian/Nutritionist shall be licensed in Pennsylvania pursuant to the State Board of Nursing regulations at 49 PA. Code Chapter 21, Professional and Vocational Standards for Licensing Dietitian Nutritionists. The dietitian must be provided by the PROVIDER. Menus shall be written by the approved Dietitian in cooperation with the PROVIDER, the AGENCY and representatives from the meal sites. When the PROVIDER’S dietitian prepares the menus, they will be reviewed and approved in writing by the AGENCY’s Dietitian.

2. Menus shall be submitted using the electronic menu submission forms provided by the Pennsylvania Department of Aging (APPENDIX F). The forms and instructions may be accessed at http://www.aging.pa.gov/publications/aging-program-directives/Pages/Program-Area-03---Congregate-Meals.aspx. A copy of this document including the approved Dietitian’s signature attached to a copy of the menu cycle must be kept on file at the AGENCY office.

3. Meals shall be reviewed and approved in writing prior to service by the AGENCY’s Dietitian. Menu substitutions may, on rare occasion, be necessary. These must be approved in writing prior to service by the Agency’s Dietitian.

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4. It is not necessary to submit modified diet menus although the types of modified diets provided must be listed on the dietitian’s menu submission form.

5. Each meal shall contain at least one-third (1/3) of the current RDA/AI for persons

51 to 70 years and 70 years and older, as established by the Food and Nutrition Board, Institute of Medicine, National Academy of Sciences. Each meal must also meet The Dietary Guidelines For Americans, Eighth Edition.

This meal includes: Serving whole grain foods; Serving a variety of fruits and vegetables; An average daily fat content, averaged over one week, not to exceed

35% of total calories; An average daily sodium content, averaged over one week, not to

exceed 1300 milligrams per meal; and Providing beverages and foods that moderate the intake of added

sugars.

Specific menu format guidelines are outlined in APPENDIX D when planning and submitting menus.

6. When combination dishes such as casseroles, soups, salads or blended fruit juices are used as the entrée or any part of the meal that is counted as part of the meal’s targeted nutrient values, the major ingredients and portion sizes must be indicated to aid in accurate menu evaluation. Menu items with inexplicit names must also be described. Examples of combination dishes and menu items with inexplicit names include:

a) Spaghetti with meat sauce (6 oz. meat sauce containing 3 oz. of cooked ground beef, 4 oz. of tomato sauce and 1 tsp. of grated cheese);

b) Chef salad (1 ½ oz. turkey, 1 oz. shredded cheddar cheese, ½ boiled egg, 1 cup lettuce, romaine, celery, green pepper and tomato)

c) One-half (1/2) cup winter mixed vegetables (broccoli, cauliflower, carrots); and

d) Health Salad (1/2 cup of fresh spinach, mandarin oranges, walnuts, raisins and one tablespoon of sweet and sour dressing).

7. Consideration shall be given to the food preferences of meal participants.

Nutrition councils, menu questionnaires and observation of plate waste are several methods of receiving participant input into the menu planning process. Cost efficiency, variety in food selection from day-to-day and pleasing combinations of colors, textures and tastes are other factors which shall be considered in menu planning.

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8. Standardized recipes shall be used for all menu items to ensure that a consistent product is prepared. These recipes will be kept on file and available for inspection.

9. When purchased prepared food products are used by the PROVIDER in the meals (salads, entrees, desserts etc) the manufacturer’s nutrition facts sheet must be kept on file and available to the AGENCY Dietitian so that an accurate nutritional analysis may be completed. No purchased prepared food items may be served without prior approval

Meal Component Specifications In addition to the specific menu format guidelines found in Appendix D, the following additional specifications apply: Sodium shall not be added during food preparation. Additional sources of sodium such as monosodium-glutamate and sodium-rich gravy bases shall not be used. Low sodium gravies, sauces, and bases shall be used in entrée preparation. Appetizers (juice, salad or soup) will be provided at least 4 times per week. Soup may not be used towards the fruit and vegetable requirements. Fruit juices must be proportioned, full strength, and unsweetened. Soup is to be served a minimum of twice per week during the months of October through March. Juice must be served 3 times a week from April through September. Entrees: Menus shall include at least two whole meats per week. Vegetables: Fresh or frozen vegetables shall be used. Canned vegetables shall not be used except when necessary (e.g. beets, stewed tomatoes). Desserts: Desserts shall be served each day. Fresh or canned fruits shall be served at least twice a week. Fresh fruit shall be served at least once a week. Canned fruits must be packed in water or natural juice. A "fruit" dessert may count towards the two servings of fruits and vegetables required daily. When high calorie sweet desserts are on the menu, fruit or a sugar free dessert may be requested by an individual meal site for participants on restricted diets. Subcontractor shall bring whole fruits such as watermelon to the site in the form that the individual site requests (whole or cut.) Pies, cakes and cookies shall be served no more than twice a week. Calcium rich desserts, such as pudding and yogurt, shall be served once a week. Condiments: Salt, pepper, sugar, artificial sweeteners and condiments, needed by each site shall be provided by Provider and listed on Supply sheets. Condiments shall be packaged as follows: Sugar substitute – individual Sugar – individual Salt – disposable shakers

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Pepper – disposable shakers Other condiments-individual Meals shall be attractive, palatable, and tasty and shall appeal to the cultural food preferences of participants. Special Meals: Festive Meals:

Provider agrees to recognize at least eight (8) days as special occasions to be celebrated with a special menu. The entrée shall have a whole meat item. These special occasions follow: Thanksgiving, Christmas, Valentine’s Day, Easter, Memorial Day, St. Patrick’s Day, Mardi Gras and Octoberfest. These menus must meet all meal specifications as stated in the document. Ethnic food preferences shall be considered in planning the menus. If requested by AGENCY, the entrée will be a meat substitute on Ash Wednesday and the Fridays in Lent if the participants choose a substitute. Birthdays: Party celebrations will be conducted at each site on a monthly basis on a date agreed upon by Provider and site at the first Quarterly Review Meeting. The Provider will be responsible for providing either a cupcake or Birthday cake and ice cream which can replace the regular dessert that day only if the regular menu includes a baked good for that day. Box Meals: Meals, which require no heating, shall be available to participants year-round at no extra cost. Provider shall provide box meals and/or picnic menus, as requested with two weeks advance from the site. These lunches will replace the regularly scheduled center meal. The box must be sealable. Each menu item shall be individually packaged to prevent spillage and maintain quality. The minimum order for box lunches is 10. If requested by AGENCY, Provider shall provide box meals or lunches to other locations in Monroe County for special programming. A minimum of two weeks’ notice will be given of the special programming and minimum order of ten meals. Emergency Foods: At the onset of the contract, the vendor will supply emergency food to each meal site at no extra charge. The emergency food at each site will be large enough to service the total number of meals served daily. The emergency food will be used by the meal site in the following situations: the vendor’s failure to deliver the appropriate amount of food, late arrival of food, or the

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arrival of food at unsafe temperatures. The emergency food shall be dated on the label by the meal site upon delivery. Foods shall be rotated every six months. Unused emergency food is the property of the subcontractor and will be returned at the end of the contract period. One day out of each 6-month menu will be designated for the usage of these products by the subcontractor. The details of this usage will be provided at the onset of the contract. In addition to the food products and other goods, the subcontractor will supply promptly, and at a reasonable charge, any other food items or supplies as requested by the meal site. The emergency food supplies include:

(a) Orange juice – 46-ounce cans (b) Meatballs in tomato Sauce - #10 cans (each serving must contain 3 oz.

Edible protein) (c) Green beans - #10 cans (d) Vanilla pudding - #10 cans

FOOD SERVICE DELIVERY SYSTEM A. Meal Orders, Changes, Cancellations: l. Bulk Meals:

Sites will place orders for meals, food items, and supplies with PROVIDER by l: 00 p.m. on each day for the following day and on Friday for Monday. If a total cancellation of the meals ordered for a given day is made, the Subcontractor may serve that meal the following day. Any additional "emergency policies" including "snow policies" will be established at onset of contract.

2. Box Lunches:

A minimum of l0 box lunches must be ordered at least two weeks in advance. B. Packaging and Labeling: l. Meal site name and number of servings shall be labeled on all containers of

food. 2. Food shall be packaged and transported in a manner to avoid spillage. Time

between packaging and delivery must be kept to a minimum to prevent

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nutrient loss. 3. Number of servings, portion sizes, specified serving utensils, and special

heating/storage instructions shall be included for each menu and submitted with the menu cycle.

C. Delivery/Service Equipment Specifications: Menu items must be packaged in bulk transport containers.

The food carriers must ensure proper temperature maintenance until food is delivered. The PROVIDER must perform proper daily cleaning of equipment as well as all necessary equipment maintenance. The PROVIDER must follow a routine maintenance program for all equipment. All equipment must be retrieved from each location the following working day. Any equipment found to be defective must be repaired or replaced.

D. Inventory Control: PROVIDER shall provide inventory control records for all equipment and emergency

food provided to the center. The meal site will be responsible for monitoring the receipt and return of equipment to the PROVIDER and for reimbursing subcontractor for lost items.

E. Billing:

All monthly invoices will be received by the site by the l0th day of the following month. Invoices are to be accompanied by a list of meals delivered on a daily basis during the invoice period. (See APPENDIX G for sample billing form.)

F. Reimbursement/Credit Procedures: l. In the event that the PROVIDER fails to deliver meals or delivers portions of meals

which are inedible or which fail to meet specifications in quantity, quality, temperature, type of food item, or any other specifications as listed in this document, of which the site shall be the sole judge, the following procedures may be followed:

a. The meal site shall notify the PROVIDER of items failing to meet

specifications. b. The meal site will utilize emergency food and supplies or procure these items

elsewhere. c. The PROVIDER will replenish any emergency food that was served due to

items not meeting specifications.

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d. The site will receive a credit from the subcontractor for the rejected or

unreceived items on the monthly invoice in accordance with the Reimbursement Schedule.

e. If the meal site procures the food and meal service items elsewhere, the

PROVIDER will incur the cost of the replacement food and supply items, plus any expenses incurred by the meal site in procuring such items.

G. Monitoring of PROVIDER:

PROVIDER, in addition to the monitoring requirements as outlined in the Standard Meal Program Material, shall forward two times per year the following information:

l. Proof of ongoing extermination services. 2. Proof of in-house sanitation monitoring. 3. Proof of in-service training. 4. Copy of monthly refrigeration and freezer temperature log. 5. Copy of a cleaning or housekeeping schedule. These reports shall be mailed to the Monroe County Area Agency on Aging by October l5 and April l5 of each year or by other dates as determined by the Monroe County Area Agency on Aging. H. Licenses and Certification. PROVIDER must maintain current Pennsylvania Department of Agriculture license to serve food and identify the individual holding current Pennsylvania Food Employee Certification. The AGENCY shall have free access to any and all records, receipts, production sheets, recipes, product specifications and quantities of food issued to each site to determine whether or not the portions and food quality specified are in compliance.

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APPENDIX TABLE

APPENDIX “A” MEAL DELIVERY LOCATIONS page 20 APPENDIX “B” HOLIDAY SCHEDULE page 21 APPENDIX “C” STAFFING CHART page 22 APPENDIX “D” MENU FORMAT & GUIDELINES page 23 APPENDIX “E” MENU SAMPLE page 26 APPENDIX “F” MENU SUBMISSIONS page 29 APPENDIX “G” SAMPLE INVOICE page 31 APPENDIX “H” SANITATION STANDARDS page 32

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APPENDIX “A”

MEAL DELIVERY LOCATIONS

Barrett Senior Center 6683 Rt. 191 Cresco, PA 570-481-4330 Meets Monday, Wednesday and Friday, 9:00 a.m. – 2:00 p.m. Chestnuthill Community Center Zion Lutheran Church Assembly Hall 1919 Route 209 Brodheadsville, PA 18322 570-420-3735 Meets Wednesday and Friday, 9:00 a.m. – 2:00 p.m. Loder Senior Center 62 Analomink Street East Stroudsburg, PA 18301 570-420-3745 Meets Monday – Friday, 9:00 a.m. – 2:00 p.m. Mountain Senior Center 354 Memorial Boulevard Tobyhanna PA 18466 570-894-3272 x 134 Meets Tuesday, Thursday and Friday, 9:00 a.m. – 2:00 p.m.

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APPENDIX “B”

HOLIDAY SCHEDULE

January 1st

Martin Luther King’s Birthday

Third Monday of February, President’s Day

Good Friday

Memorial Day

Flag Day

July 4th

First Monday of September, Labor Day

Second Monday of October, Columbus Day

Veteran’s Day

Fourth Thursday of November, Thanksgiving

Fourth Friday of November, Thanksgiving

December 24th & 25th

December 31st

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APPENDIX “C”

PROVIDER staffing chart, Administrative procedures and positions.

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APPENDIX “D” Noon and Holiday Meal Programs:

Menu Format and Guidelines for Planning Congregate Meals

Food

Amounts to Include in Each Meal

Comments

Protein Source – meat, poultry, eggs, cheese, fish or the protein equivalent in nuts and legumes.

3 oz. or equivalent edible (cooked) portion

a. An entrée must provide a minimum of 3 oz. edible portion protein or equivalent. b. Each menu must provide a total protein content of at least 21 gms. c. If textured vegetable proteins are used to

achieve the 1/3 RDA protein requirements, high food quality must be maintained.

d. Use of high fat and high sodium meats shall

be limited in accordance with recommended dietary guidelines.

e. Examples of one ounce of edible protein equivalents include 1 egg, 2 tablespoons peanut butter, ¼ cup cottage cheese, ½ cup of cooked beans, peas, or lentils, 8 ounces of yogurt

Fruits and Vegetables

Two servings of fruit and vegetables –

½ cup per serving

a. A minimum daily average of 30 mg. of vitamin c must be maintained each week. Each meal must contain a minimum of 20 mg of vitamin C.

b. A minimum daily average of 300 RE (or 1500 IU) of vitamin A must be maintained each week. A significant source of vitamin A shall be provided 2-3 times per week.

c. Potatoes can be counted as a vegetable. Rice

and noodles cannot be counted as a vegetable. e. Fresh or raw fruits and vegetables must be provided at least 2 times per week. Frozen home delivered meals and adult day care meals may be exempt from this requirement.

Food

Amounts To Include

Comments

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in Each Meal

Enriched Bread/Alternates 2 Servings a. Whole-grain bread product must be served a minimum of three times weekly in different meals.

b. Examples of whole grain foods include one of the following listed first on the label’s ingredient list: brown rice, cracked wheat or bulgur, graham flour, whole grain corn, oatmeal, popcorn, pearl barley, whole oats, whole rye or whole wheat.

c. Pasta, rice and noodles may be counted towards enriched bread/ alternates requirements.

Fortified Butter or Margarine or substitute.

1 teaspoon a. Substitutes can include: 1 tsp. mayonnaise, 1 tbsp. salad dressing, 1 tbsp. cream cheese, 1 tsp. oil or 1 strip of bacon. b. Fats used in food preparation can be counted

toward the requirements.

Fortified Milk or Calcium equivalent

½ pint daily in single serve containers

a. Whole, skim, low-fat or buttermilk can be used.

b. A minimum daily average of 400 milligrams of calcium must be maintained

each week. c. Calcium equivalents for 1 cup of milk

include: 1 ½ cups cottage cheese, 1 ½ oz. cheddar cheese, or 1 cup of yogurt.

Energy level At least 655 calories

Dessert ½ cup or equivalent

Fruit used as a dessert can be counted toward the requirements for fruits.

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Food

Amounts To Include in Each Meal

Comments

Miscellaneous Foods and Beverages

As desired or needed to complement the meal

a. Miscellaneous foods can include any food that may enhance the overall acceptability of the meal or to contribute toward the meal’s caloric or nutritional content.

b. Nutrient-dense miscellaneous foods are recommended to provide additional vitamins, minerals and calories.

c. Foods such as soups and sauces can be included to enhance food acceptability and meet the caloric requirements of the meal.

d. Foods high in calories and low in nutritional value (cookies, cakes, gravies, jams) should be used on a limited basis.

e. Adequate fluid intake is necessary particularly when fiber intake is increased and medications are taken.

f. Serving of water both with the meal and throughout the day is encouraged for fluid intake.

Fiber 8 grams A minimum daily average of 8 grams of fiber must be maintained each week.

Fat Average of 35% or less of

calories The average daily fat content, averaged over one week, is not to exceed 35% of total calories.

Sodium Average of 1300 milligrams or less

The average daily sodium content, averaged over one week, is not to exceed 1300 milligrams per meal. It is recommended that lower sodium meals be served (800 milligrams meet 1/3 RDAs).

Appendix “D” (Con’t)

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APPENDIX “E” Menu Sample

Master (Congregate Hot

Summer 05)

Tuesday Wednesday Thursday Friday

Apple Juice Salisbury Steak Mashed Potatoes Baby Carrots Rye Bread Granola Bar

Orange Juice Chicken Cordon Bleu Wild/Brown Rice Summer Squash Medley WW Dinner Roll Diet Tapioca

Creamy Coleslaw Stuffed Shells Italian Green Beans Italian Bread Fresh Orange

Pasta Salad Roast Pork Mashed Potatoes Sauerkraut Pumpernickel Bread Applesauce

Garbanzo Bean Salad Beef Stroganoff Noodles Peas/Pearl Onions Rye Bread Jell-O Cake/Fruit

Tossed Salad/Dressing Sausage with/peppers/onion/tom Bowtie Pasta Roll Peaches

Pineapple Juice Fish/White Beans/Tomato Sauce Brown Rice/Mushroom Green Beans Almondine Wheat Bread Diet Raspberry Mousse

Sweet n Sour Coleslaw Baked Chicken Thigh Rice/Red Beans Spinach Corn Muffin Fresh Pear

Copper Carrot Salad Meatloaf/Gravy Mashed Potatoes Succotash Wheat Bread Oatmeal Cookies

Cranberry Juice Baked Ham/Pineapple Mashed Sweet Potatoes Peas Rye Bread (2) Diet Jell-O w/ Fruit

Spinach Salad/Walnuts/Raisins Baked Ziti/Cheese/Meatballs Romano Vegetables Italian Bread Pears

Red Beet Salad BBQ Chicken Thigh Parslied Potatoes Broccoli Cuts Rye Bread (2) Pound Cake

Orange Juice Swedish Meatballs Mashed Potatoes Corn Whole Grain Bread (2) Diet Strawberry Banana Pudding

LS V8 Juice Turkey Pasta Salad Platter Lettuce/Tomato / WW Roll Strawberries (April/May) Blueberries (June/July) Peach (Aug/Sept)

Apple Juice Chicken Cacciatore Rotini Pasta/butter Italian Blend Vegies WW Bread Fig newtons

Tomato Aspic/Diced Cucumber Ham loaf Noodles Alfredo Asparagus Tips Pump Bread Diet Pina Colada Pudding

Grape Juice Chicken Breast Filet/Honey Mustard Sauce Rice/Water Chestnuts Oriental Vegetables WW Dinner roll/ Citrus Salad

Pineapple Juice Honey/Sesame Roast Pork Au Gratin Potatoes Carrots Wheat Bread Graham Crackers

Apricot Nectar Roast Beef/Gravy Mashed Potatoes Sweet n Sour Red Cabbage Rye Bread (2) Pineapple chunks

Broccoli Salad Chicken a la Orange Rice Pilaf Spinach Whole Grain Bread Lemon Cake

Spinach Salad/Poppy Seed Dressing

Grape Juice Beef Tips/Gravy

Cucumber Salad Chicken Parmesan

Cranberry Juice Roast Pork/Stuffing

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Stuffed Salmon /Dill Sauce Barley Pilaf Baked Tomato WWDin Roll/Diet Rice Pudd

Noodles Harvard Beets Wheat Bread Fruit Cocktail

Spaghetti/Red Sauce Vegetable Ratatouille Italian Bread Assorted Melon

Broccoli Baked Sweet Potato Pumpernickel Bread Carrot Cake

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Monday (Congregate Hot

Winter 04-05)

Tuesday Wednesday Thursday Friday

Apple Juice Salisbury Steak Mashed Potatoes Baby Carrots Rye Bread Granola Bar

Orange Juice Chicken Cordon Bleu Steamed Rice Summer Squash Medley WW Dinner Roll Diet Lemon Pudding

Minestrone Salad Meat Lasagna Italian Green Beans Italian Bread Fresh Orange

Lentil Soup/Crackers Roast Pork Mashed Potatoes Sauerkraut Pumpernickel Bread Applesauce

Broccoli salad Beef Stroganoff Noodles Peas/Pearl Onions Rye Bread Gingerbread Cake

Vegetable Soup Sausage with/peppers/onion/tom Bowtie Pasta Roll Peaches

Pineapple Juice Lemon Pepper Fish Brown Rice/Mushroom Green Beans Almondine Wheat Bread Diet Vanilla Pudding

Cream of Broccoli Soup Baked Chicken Thigh Rice/Red Beans Spinach Corn Bread Fresh Apple

Copper Carrot Salad Meatloaf/Gravy Mashed Potatoes Succotash Wheat Bread Oatmeal Cookies

Cranberry Juice Baked Ham/Pineapple Mashed Sweet Potatoes Peas White Bread (2) Diet Jell-O w/ Fruit

Apple Juice Spaghetti/Meatballs Romano Vegetables Italian Bread Pears

Split Pea Soup/Crackers BBQ Chicken Thigh Parslied Potatoes Broccoli Cuts Rye Bread (2) Pound Cake

Orange Juice ChiliConCarne Steamed Rice Corn WW Bread Diet Butterscotch Pudding

Beef Barley Soup Chicken Salad on Kaiser Roll Lettuce/Tomato Banana

Chicken Cacciatore Rotini Pasta/butter Italian Blend Vegies WW Bread Fig newtons

Pasta Salad Stuffed Cabbage Mashed Potatoes Peas Rye Bread Pumpkin Custard

Corn Chowder Chicken Breast Filet/Honey Mustard Sauce Steamed Yellow Rice Oriental Vegetables Dinner roll/ Citrus Salad

Pineapple Juice Honey/Sesame Roast Pork Au Gratin Potatoes Carrots Wheat Bread Graham Crackers

Chicken Noodle Soup/Crax Roast Beef/Gravy Mashed Potatoes Lima Beans Rye Bread Pineapple chunks

Apricot Nectar Chicken Stew Biscuits (1 large biscuit) Green Beans Brownie

Spinach Salad/Poppy Seed Dressing Stuffed Salmon /Dill Sauce Barley Pilaf California Mix Vegies Dinner Roll/ Fruit Cocktail

Grape Juice Beef Tips/Gravy Noodles Harvard Beets Wheat Bread Diet Rice Pudding

Minestrone Soup Chicken Parmesan Spaghetti/Red Sauce Vegetable Ratatouille Italian Bread Tangerine

Cranberry Juice Roast Pork/Stuffing Broccoli Baked Sweet Potato Pumpernickel Bread Lemon Cake

Appendix “E” Cont.

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APPENDIX “F” Menu Submission Available at: http://www.aging.pa.gov/publications/aging-program-directives/Pages/Program-Area-03---Congregate-Meals.aspx

ATTACHMENT VI Lunch/Dinner Menu Submission Form

For Congregate and Home Delivered Meals Title III Nutrition Program

DIETITIAN INFORMATION: AREA AGENCY ON AGING INFORMATION:

Signature: Name of AAA: Name of Nutrition Printed Name: Program Director: Contact Phone Number: Address: E-mail address: 3. Identify all meal service locations utilizing these menus, e.g. senior centers, adult day care centers, home delivered meal Contact Phone Number: programs.

E-mail address: Registration Number: 1. This menu submission shall consist minimally of a four (4) week cycle of regular diet meals and shall be representative of the upcoming six-month period. 2. For those participants requiring menu modifications for reasons of health, diabetes, hypertension, heart disease, etc., modified diets can be provided in accordance with established regulations. Indicate those modified diets which are provided:

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1 Page 1of 2

Note: Continue on Page 1a. Below if additional space is needed. Modified diet menus do not need to be attached; however, they must be reviewed and approved by the dietitian. Diet prescriptions must be maintained at the agency and upated at least annually.

APPENDIX “F” Cont. ATTACHMENT VI Cont. Lunch/Dinner Menu Submission Form

For Congregate and Home Delivered Meals Title III Nutrition Program

Continued from Page 1. Area Agency on Aging Information: 3. Identify all meal service locations utilizing those menus, e.g. Senior centers, adult day care centers, home delivered meal programs:

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Page 1 a. of 2

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APPENDIX “G”

SAMPLE INVOICE

PROVIDER'S NAME ADDRESS

MONROE COUNTY AREA AGENCY ON AGING WEEK OF XX/XX/XX TO XX/XX/XX

STATEMENT OF ACCOUNT LODER CHESTNUTHILL MOUNTAIN BARRETT MONDAY 33 0 20 29 TUESDAY 28 0 0 0 WEDNESDAY 45 30 20 15 THURSDAY 20 0 0 0 FRIDAY 32 30 0 15 158 60 40 59 TOTAL MEALS SERVED THIS WEEK: 392 TOTAL AMOUNT DUE: $XXX.XX

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APPENDIX “H”

Sanitation Standards for the Department of Aging Funded Nutrition Services

http://www.aging.pa.gov/publications/aging-program-directives/Pages/Program-Area-03---Congregate-Meals.aspx

Background: During production, processing, preparation, storage and service, foods are subject to contamination with toxic substances or with pathogenic bacteria, viruses and parasites. Thus, it is essential that hygienic principles be applied to protect the consumer. Those agencies involved in the food service industry must focus their attention on food handling techniques, as the public depends on regulatory and monitoring agencies for protection from exposure to foodborne illness. In food service operations, food can become contaminated in the following ways:

- infected food handlers; - contaminated food supplies; - unsafe food handling; - unsanitary equipment; and - hazardous chemicals.

Within the NSIP, there are several types of meal systems presently in operation. One system, whereby foods are prepared and served on the same premises is called on-site preparation. This is in contrast to the system where foods are prepared at a separate location from the serving area. This is called off-site preparation and may or may not be a contracted food service. There is not one approved or absolute state in which food should arrive at a serving location. The following are examples of variances which occur within food service systems:

- meals delivered cold, in bulk, to be heated before service; - meals delivered hot, in bulk; - meals prepared and served from the on-site preparation kitchen; and - meals delivered in a frozen state to be heated before service.

These and other variances occur within food systems, but the following requirements apply to any one system or combination of systems utilized when providing a meal in the NSIP. Purpose This establishes minimum standards for the operation of food service programs under the auspices of the Pennsylvania Department of Aging. It is directed to all providers of services who prepare and/or serve congregate or home delivered meals for participants under the Older Americans Act. This has been written exclusively for Department funded nutrition programs however, standards are designed to conform to 7 Pa. Code Chapter 78 Food Establishments.

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I. Food Supplies I.1 Nutrition service providers must procure foods from sources that comply with all laws relating

to food and food labeling. Canned foods must be free from rust, leaks and dents on the rim or side seams of the cans. All food must be safe for human consumption, clean, wholesome and free of spoilage, adulterations, filth or contamination and honestly presented. Perishable foods shall be protected against spoilage by use of proper handling and storage prior to and following purchase.

I.2 No foods previously served can be used in the preparation of other foods, offered for sale or

given away. I.3 No food prepared in a private home or processed in a place other than a food processing

establishment shall be used in the preparation of foods, unless the preparation and processing facility is regulated by an appropriate official agency. Home canned or prepared foods may not be used.

I.4 Donated raw foods limited to whole fresh fruits and vegetables may be accepted for use by the

agency only if the foods equal the standards of quality, sanitation and safety which apply to foods that are purchased commercially. Donated raw foods to be used by a food service program must be inspected and approved by the program director and/or dietitian prior to being accepted for use.

I.5 Only milk that is pasteurized shall be served or used as an ingredient in food preparation.

Fluid milk must meet grade A quality standards as established by law. Dry milk products shall be made from pasteurized milk and may be reconstituted to be used in desserts or for cooking and baking purposes.

I.6 Only pasteurized shell eggs or pasteurized egg products shall be used. They shall be

refrigerated at 45°F or below.

I.7 In the case of emergencies, such as fire, flood, power outage or similar events that might result in the contamination of food or might prevent food from being held at required temperatures, the person in charge shall withhold any affected food from distribution to consumers.

I.8 Condiments provided for table service shall be individually portioned, served in pour-type

dispensers or served in a manner which would prohibit contamination. II. Storage Facilities

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II.1 General

a) All foods, while being stored, prepared, displayed, served or transported, shall be protected from contamination including dust, insects or unclean utensils and equipment.

b) To permit cleaning of the area, food in food storage areas shall be stored away

from the wall and six inches above the floor.

c) Food, whether raw or prepared, if removed from the container in which it was obtained, shall be stored in a clean, covered container. The container cover shall be impervious and nonabsorbent. All containers of food products must be labeled as to contents and date of preparation so food identity cannot be mistaken.

d) Food, containers of food and single service utensils shall not be stored under

exposed or unprotected sewer or water pipes.

e) No packaged food shall be stored on undrained ice.

f) Food handlers’ coats, shoes, clothing, handbags or packages shall not be stored in the food preparation area.

II.2 Storage of Poisonous/Toxic Materials

a) There shall be present in food service establishments only those poisonous or toxic materials necessary for maintaining the establishment, cleaning and sanitizing equipment and utensils and controlling insects and rodents.

b) Containers of poisonous or toxic materials shall be prominently and distinctly

labeled according to law for easy identification of contents.

c) All poisonous or toxic materials shall be stored in cabinets or in similar physically separate places used for no other purpose. To preclude contamination, poisonous or toxic materials shall not be stored above food, food equipment, utensils or single-service articles, except that this requirement does not prohibit the convenient availability of detergents or sanitizers at utensil or dishwashing stations.

d) Bactericides and cleaning compounds shall not be stored in the same cabinet or

area of the room with insecticides, rodenticides or other poisonous materials.

II.3 Hot and Cold Food Storage

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a) Cold storage shall be provided at temperatures no higher than 41°F. An accurate thermometer should be available at the warmest location within the storage area, and shall be located where it can be readily observed for reading. Cold storage temperatures shall be checked and recorded at least once daily. It is suggested that this task be completed at the beginning of the day, at a minimum.

b) Raw meat, poultry and fish should be stored separately from cooked and ready-to-

eat foods whenever possible. If not possible, prepared or ready-to-eat foods must be stored above raw meat, fish or poultry. Raw poultry should be stored on the bottom to prevent cross-contamination.

c) Adequate hot and cold storage facilities shall be provided for storage and

transportation of foods in order to maintain proper temperature, 41°F or below for cold foods and 135°F or above for hot foods. These temperatures must be maintained for all foods at all times, except during necessary periods of preparation. Hot and cold storage facilities shall be provided with a numerically scaled indicating thermometer accurate to +3°F.

d) Warm foods shall be transferred into cold storage in shallow, approved containers

for rapid cooling. Foods should be stored so that adequate air circulation is maintained.

e) Frozen food shall be kept frozen at a temperature of 0°F or colder. Once frozen

foods are thawed, they shall not be refrozen. Frozen foods shall be thawed by the following means:

- as part of the cooking process, as long as the product reaches minimum internal cooking temperatures; - in the refrigerator at a temperature of 41°F or below; - under running potable water (70°F or below); and - by microwave thawing, only if it will be cooked immediately afterward.

e) The dry foods storeroom shall be dry, cool, dark and free from insects and rodents. It shall be clean and orderly and have adequate ventilation. Storage temperatures should be maintained at a level from 50°F to 70°F.

III. Food Preparation

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III.1 All foods shall be prepared to retain maximum nutritive value, color, flavor and texture.

III. 2 Foods requiring cooking shall be cooked to heat all parts of the food to a temperature of

at least 135°F except: - pork roast shall be cooked to an internal temperature of 145°F and held at that

temperature for at least 4 minutes; - pork chops shall be cooked to an internal temperature of 145°F and held at that

temperature for at least 15 seconds; - poultry and stuffed meats shall be cooked to an internal temperature of 165°f and held

at that temperature for 15 seconds; - ground or flaked meats shall be cooked to an internal temperature of 155°f and held

at that temperature for 15 seconds. - fish shall be cooked to an internal temperature of 145°F and held at that temperature

for 15 seconds. III.3 Foods that have been cooked and refrigerated shall be reheated rapidly to 165°F or

higher before being served or placed in a hot food serving facility. Steam tables, bain-maries, warmers or similar hot food holding devices are prohibited for rapid reheating of foods.

III.4 The freezing of foods in large quantities requires correct food handling techniques to

conserve food values and prevent food-borne illness. When freezing large quantities of foods, the following procedures should apply:

a) Begin food preparation with high quality raw materials which are free from spoilage, structural damage and microbiological contamination. This is necessary to obtain a “quality” frozen product.

b) Schedule food production so quantities produced do not exceed the

recommended load capacity of the freeze or chill unit. The time period during storage of the “warm” food product in a refrigerator will produce temperature ranges conducive to microbiological growth. Freezers should be capable of freezing food in a short time, preferably within one-half hour.

c) All food products to be chilled must be cooked to an internal temperature of

165°F or above to sufficiently eliminate microbiological contaminants and active food enzymes, both of which will cause product deterioration during storage. Upon freezing, the center of the food should be brought to a temperature of 0°F as quickly as possible.

d) Prior to the freezing process, temperatures of freshly prepared menu items must

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be maintained at 135°F or above to achieve optimum sanitary conditions.

e) The food product should be portioned into sanitary, moisture-proof loosely covered containers. After cooling, all containers shall be sealed with tight-fitting lids or overwrapping materials. This is necessary to prevent product contamination, oxidation and dehydration during processing and storage. Containers should be labeled as to content and date of preparation.

f) Materials for food containers should be good conductors of heat and cold, and

approved for use by the AAA’s Dietitian or Nutrition Project Director. Products must be portioned into containers which will permit rapid freezing. Large cuts of meat and poultry should be cut into small pieces. During freezing, a minimum of one-inch free spacing is required above and below pan to produce spaces for air circulation. Failure to follow these parameters will increase the total time required to freeze or chill the product.

g) Freezer temperatures should be 0°F or below to assure quality and safety

control.

h) Reheat previously prepared frozen foods to at least 165°F for 15 seconds and hold prepared food no longer than necessary so the quality of foods can be maintained.

III.5 Standardized serving utensils such as tongs, ladles or spoons shall be used when

preparing and serving foods to minimize manual contact and to ensure proper portion control.

III.6 Single use gloves should be worn when manual contact may be made with food

products. Single use gloves shall be used for only one task. Single use gloves shall be discarded when damaged or soiled; when interruptions occur during a task; or if in continual use during a single task for more than four hours.

III.7 Metal stem-type numerically scaled indicating thermometers, accurate to +2°F, shall be

provided and used to assure the attainment and maintenance of proper internal cooking, holding or refrigeration temperatures of all foods.

III.8 Thermometers shall be checked for accuracy and calibrated regularly to ensure accuracy.

This should be done at the beginning of the day. Thermometers should also be calibrated any time they have suffered a severe shock (for example, after being dropped or after an extreme change in temperature.)

IV. Transportation of Food

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IV.1 During transportation, food and food utensils should be kept in covered containers so they are protected from contamination.

IV.2 The temperature of hot food items shall at no time drop below 135°F from the point

of preparation through delivery until meal service.

IV.3 The temperature of cold foods shall remain at or below 41°F from the point of preparation through delivery until meal service.

IV.4 At a minimum, food temperatures shall be checked and recorded at the point of

final preparation prior to delivery to the meal site and at the point of receipt at the meal site (where applicable).

IV.5 If upon receipt at a meal site food temperature checks reveal that hot foods have not

been maintained at 135°F or above for a period of less than four hours, the affected foods shall not be served but must be discarded for reasons of food safety or reheated to a temperature of 165°F or higher. Food may be reheated in a microwave, oven, or stovetop. Steam tables, bain-maries, warmers, or similar hot food holding devices are prohibited for reheating foods. Food item may not be served if it has been maintained at a temperature of less than 135°F for a period greater than four hours.

IV.6 Cold food items that have not been maintained at 41°F or below for a period no

longer than four hours or are received at a temperature of 71°F or higher shall be discarded for reasons of food safety.

IV.7 Delivery vehicles should be cleaned, sanitized and inspected regularly. V. The Food Handler V.1 No person with any disease in communicable form shall work or volunteer in any food

service establishment, in any capacity, in which there is likelihood that the person would contaminate food or food contact surfaces.

V.2 When suspicion arises as to the possibility of transmission of infection from any food

handler, the AAA shall be authorized to require any or all of the following:

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a) immediate exclusion from the food service facility; b) restriction of the services to an area where there is no likelihood of such person

contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons; and

c) adequate medical examinations of the food service worker and/or associates, with such laboratory examinations as may be necessary.

V.3 Any food handler who has a discharging or infected wound, sore or lesion on hands, arms

or any exposed portion of the body shall be excluded from those operations which will bring him/her into contact with food, beverages, utensils or equipment used in public eating or drinking places.

V.4 All food handlers shall wear clean outer garments which will not hinder movement or be

hazardous near equipment. V.5 Effective hair restraints shall be worn during food preparation and service. Restraints such

as hair coverings or nets, hats, beard restraints and clothing should cover body hair and be effectively designed and worn to keep hair from contacting exposed food, clean equipment, utensils, and unwrapped single-service and single-use articles.

V.6 The food handler shall not use tobacco within the food preparation and serving area nor while in areas used for equipment, utensil washing or for food preparation.

V.7 Food handlers shall consume food only in the designated dining room and not where contamination of food or other equipment may result. V.8 Food handlers shall keep their fingernails clean and trimmed. V.9 Food handlers may not wear jewelry while preparing or serving food or while around

food-preparation areas. V.10 Hand washing shall be completed on the hands and exposed parts of arms with soap and hot water before work; after using the restroom; before and after handling raw foods; after touching the hair, face or

body; after sneezing, coughing or using a handkerchief or tissue; after smoking, eating, drinking, or chewing gum or tobacco; after handling chemicals that might affect the safety of food; after taking out the trash after clearing tables or handling dirty dishes or utensils; after touching clothing or aprons; after touching anything else that may contaminate hands, such as unsanitized equipment, work surfaces or wash cloths.

V.11 Paid and unpaid staff shall receive training on proper hand washing techniques:

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step 1: wet hands with running water as hot as the persons can

comfortably stand (at least 100°F) step 2: apply enough soap to build up a good lather step 3: vigorously scrub hands and arms for at least twenty seconds,

lather well beyond the wrists, including the exposed portions of the arms.

step 4: clean under finger nails and between fingers.

step 5: rinse thoroughly under running water, turn the faucet off using a single-use paper towel if available. step 6: dry hands and arms, use single-use paper towels or a warm-air hand dryer. Never use aprons or wiping cloths to dry hands after washing. VI. Equipment and Utensils VI.1 General

a) All equipment shall be designed, installed and constructed not to impart odor, color or taste nor contribute to the contamination of food.

b) Food contact surfaces (including glassware, china and pottery utensils) shall be

easily cleanable, smooth and free from breaks, open seams, cracks, chips, and pits and free of difficult to clean interior corners and crevices.

c) The product surfaces of equipment, utensils and single service articles must be

nontoxic and must not cause prohibited food additives to migrate into food. Utensils containing metals and/or salts of cadmium, lead and zinc must not be used.

d) All utensils and food contact surfaces or equipment used in the preparation or

storage of foods shall be thoroughly cleaned, rinsed and sanitized prior to such use. VI.2 Cleaning, Sanitation and Storage of Equipment and Utensils

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a) Tableware shall be washed, rinsed and sanitized after each usage.

b) Food contact surfaces shall be washed, rinsed and sanitized at intervals to assure that equipment is free from accumulation of dirt, dust and food particles. Moist cloths used for wiping spills shall be restricted to only that purpose and stored in a sanitizing solution between uses.

c) For manual washing, rinsing and sanitizing utensils and equipment, the Three-Sink

method/procedures shall be followed:

1. Equipment and utensils shall be pre-scraped and, when necessary, presoaked.

2. Equipment and utensils shall be thoroughly washed in 110°F water

containing a detergent solution (or the temperature specified on the cleaning agent manufacturer’s label instructions).

3. Equipment and utensils shall be rinsed in clean 110° F water.

4. All eating equipment and utensils shall be sanitized using one of the following methods:

immersion for at least one-half minute in clean, hot water at a

temperature of at least 171°F;

immersion for at least one minute in a clean solution containing at least 50 parts per million (PPM) of available chlorine as a hypochlorite (review manufacturer’s label for PPM) and at a temperature between 55°F and 115°F;

immersion for at least one minute in a clean solution containing at least

12.5 parts per million (PPM) of available iodine (review manufacturer’s label for PPM) and having a pH not higher than 5.0 and at a temperature between 75°F and 120°F.

immersion in a clean solution containing any other chemical sanitizing

agent, such as quaternary ammonia, which demonstrates to be effective and nontoxic under use conditions following the manufacturer’s label for PPM.

5. A test strip or other device that accurately measures the parts per million

concentration of a solution shall be available and used regularly.

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6. For equipment too large in size to immerse, steam can be used for rinsing.

Spraying can be completed with a chemical solution made two times the strength as used for immersion techniques.

d) Cleaning and sanitizing may be done by any commercial machine that

demonstrates that it thoroughly cleans and sanitizes equipment and utensils. Wash and rinse temperatures shall be no less than those specified by the machine manufacturer which are shown on the machine’s data plate. If a commercial dishwasher is unavailable, it is recommended that the three-sink method be utilized. The use of residential dishwashers is discouraged because of inconsistent and inadequate sanitizing capabilities of these types of machines.

e) After sanitization, all equipment and utensils shall be air dried and shall be stored

in a self-draining position. Glasses and cups shall be stored inverted. Other items should be covered or inverted, whenever practical.

f) If adequate facilities for cleaning and sanitization are not available, single service

articles shall be used and then discarded. VII. Sanitary Facilities and Controls VII.1 Lavatory Facilities

Adequate toilet facilities shall be accessible to employees and participants at all times. All facilities shall be in clean condition and good repair. Toilet rooms shall be enclosed with self-closing solid doors. Toilet tissue shall be provided and a covered waste container shall be installed in all lavatories. Windows to the outside shall be properly screened.

VII.2 Handwashing Facilities

a) Each food site shall have adequate and conveniently located handwashing facilities for employees and participants. Hot and cold running water, hand soap or detergent and an appropriate hand drying device or paper towels shall be available. New sites or sites extensively altered shall have handwashing facilities located in the food preparation area not more than 50 feet from any work area.

b) Handwashing signs must be posted in all restrooms and in all senior community

centers where food is prepared or served.

VII.3 Garbage and Refuse

Garbage and refuse shall be kept in easily cleanable, insect and rodent proof, non-

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absorbent pieces of equipment. All containers shall have tight fitting lids and shall be covered when not in continuous use. There shall be a sufficient number of containers to hold all garbage accumulated. Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction.

VII.4 Insect and Rodent Control

Effective means shall be implemented to minimize the presence of rodents and insects. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents.

VIII. The Physical Facility VIII.1 Floors, Walls and Ceilings

a) Floors, walls and attached equipment shall be kept clean. The floor surfaces in kitchens, food preparation areas, walk-in refrigerators and toilet rooms shall be of smooth, non-absorbent material which is easily cleanable. No carpets shall be permitted in these areas. Walls and ceilings shall be smooth, non-absorbent and easily cleanable. Permanent light fixtures shall be installed to assure safety for personnel working in the food service area. All rooms shall have sufficient ventilation to keep them free of excess heat, smoke, steam, odors and fumes. Ventilation systems, when applicable, should comply with state and local fire code requirements.

b) No live birds or animals shall be permitted in any part of the food service facility.

Patrol dogs accompanying security or police officers, or guide animals accompanying blind persons shall be permitted in dining area.

VIII.2 Lighting

a) Permanently fixed artificial light sources shall be installed to provide ample light on all food preparation surfaces and at equipment or utensil-washing work areas. Adequate lighting is essential for general cleaning, identifying labels and for recognizing the condition of stored foods. Ample light, properly distributed, should assist in on-the-job safety. Minimum illumination standards are outlined in 7 Pa Code Chapter 78.

b) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of bulb exposed.

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c) Lights and fixtures over exposed food or equipment shall be of the safety type or otherwise constructed to protect food products and equipment from damage by breakage.

VIII.3 Plumbing

Plumbing shall be sized, installed and maintained in accordance with the provisions of the local plumbing code or, in the absence thereof, in such a manner as to prevent contamination of the water supply or the creation of an unsanitary condition. There shall be no cross-connection between the potable water supply and any non-potable or questionable water supply nor any source of pollution through which the potable water supply might become contaminated.

VIII.4 Sewage Disposal

All sewage disposal systems shall comply with the Pennsylvania Construction Code Act.

VIII.5 Water Supply

Enough potable water for the needs of the food service establishment shall be provided from a source constructed and operated according to law. Bottled and packaged potable water shall be obtained from a source that complies with the applicable laws and is stored in a way that protects it from contamination. The construction of individual water supplies shall be based upon satisfactory compliance with 25 Pa. Code Chapter 109 (relating to safe drinking water).

IX. Food Service Monitoring Responsibilities

Monitoring of the food service operations shall be a part of the regular planning function. Responsibilities shall be divided as follows:

X. Reporting Suspected Foodborne Illness

X.1 General

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a) Prompt handling and referral of food-related complaints are the foundation for the

successful investigation of foodborne illness. When an illness related to food is suspected, the following procedures should immediately be implemented:

1) Assist persons in obtaining medical treatment;

2) If available, refrigerate suspected food item until the appropriate health authorities are contacted;

3) Inform the food caterer; state and/or local health department officials; and/or regional Department of Agriculture officials, and the Department of the suspected contaminated food; and

4) Provide a report to the Department which includes time of onset of illness, number of persons affected, name of the alleged food item, where the stricken persons ate, symptoms of illness, name of the food caterer and actions taken.

SECTION VI

CONTRACT

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This is an agreement made this first day of ________, 2018 by and between the Monroe County Commissioners hereinafter referred to as “COUNTY” and the Monroe County Area Agency on Aging herein after referred to as “AGENCY” and _____________________________ hereinafter referred to as PROVIDER” for the provision of CONGREGATE MEALS. WITNESSED: WHEREAS, the Monroe County Commissioners have been designated as agent for both the Administration on Aging of the U.S. Department of Health and Human Services, and the Department of Aging of the Commonwealth of Pennsylvania to establish a local Area Agency on Aging responsible for advancing the well-being of Pennsylvania’s older services, as described in the Older Americans Act of 1965, as amended in 2000, and to enhance the quality of life of older Pennsylvanians by empowering the community, the family and the individual; and WHEREAS, the Monroe County Commissioners have entered into a legal and binding contract with the said Pennsylvania Department of Aging dated July 1, 2016 through June 30, 2021 which funds for the purpose of providing such services for the aging under PA Act 70, The Older Americans Act of 1965, as amended in 2000, reauthorized in 2016, and the Omnibus Budget Reconciliation Act of 1987 (OBRA-1987); and WHEREAS, the PROVIDER desires to provide services pursuant to the regulations of the Older Americans Act of 1965, as amended in 2000, reauthorized in 2016, and state statutes. NOW, THEREFORE, the parties hereby agree as follows:

1. This Agreement is subject to the provisions of state and federal regulations established for the provision of social services by each source of funding and provisions set forth in Attachments A through I attached hereto and incorporated herein. PROVIDER is hereby bound by all such regulations and each and every provision of this Agreement to the same extent the Monroe County Commissioners are bound by said contract with the Pennsylvania Department of Aging. Further, this agreement is subject to modifications by amendments to such laws and regulations without prior notice to the PROVIDER. In the event of termination, limitations on or diminution of such funds of Federal and State Funding, then in that event, this Agreement is null and void. If any part of this Agreement is at variance with the laws and rules and regulations of the State and Federal Governments, it is understood and agreed that the rules and regulations of the state and federal governments shall prevail and supersede this Agreement which shall be deemed amended accordingly.

2. Subject to its other provisions and the ability of state and federal funds, the term of this Agreement

shall be from August 1, 2018 to June 30, 2021.

3. Places where services will be provided and facilities in which services are to be provided are set

forth in Attachment F attached hereto and made apart hereof.

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4. The cost per unit shall include supervision, labor, insurance, training, equipment and all administrative costs. This program and budget shall be on file at the Monroe County Area Agency on Aging, Stroudsburg, Pennsylvania. Scope of service to be provided is listed in Attachment F. The AGENCY does not guarantee that any specific amount of services will be awarded to the PROVIDER.

5. PROVIDER shall only incur costs, which are directly related as a result of provisions of the service.

An itemized budget breakdown of costs involved per unit of service will be available at the office of the PROVIDER.

6. The PROVIDER agrees that funds allocated under this Agreement will not be used to replace funds

from non-federal and non-state resources. The PROVIDER further agrees to continue or to initiate efforts to obtain support from private sources and other public organizations for services funded under this Agreement.

7. During the period of the Agreement, all information obtained by the PROVIDER through work on

the project will be made available to the AGENCY immediately upon demand. If requested, the PROVIDER shall deliver to the AGENCY background material prepared or obtained by the PROVIDER incidental to the performance of this Agreement. Background material is defined as original work papers, notes and drafts prepared by the PROVIDER to support the data and conclusions in the final reports, and includes completed questionnaires etc., and material in electronic data processing form, computer programs, other printed materials, pamphlets, maps, drawings and books acquired by the contractor during the term of the Agreement and directly related to the services being rendered.

8. The PROVIDER agrees to accept the full responsibility for the performance of the terms of this

Agreement:

a. The PROVIDER agrees that when funds obligated under this Agreement are available for

the provision of services by the PROVIDER, only when the PROVIDER has received express written approval of the AGENCY and Monroe County Commissioners will the PROVIDER begin to perform the services outlined in this contract. The term “Subcontract,” as used in this Agreement, shall exclude purchase orders for public utility services at rates established for uniform applicability to the general public, and purchase orders not exceeding $1,000. Assurance of Compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1974, the Age of Discrimination Act of 1975 and the Americans With Disabilities Act of 1990, as set out in 42 U.S.C. Section 12101 et seq. and in the regulations promulgated in 28 C.F.R. Sections 35.101 and 35.130 et seq., shall be included and made a

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part of every subcontract so that such provisions will be binding upon each SUBCONTRACTOR as well as the PROVIDER.

b. The PROVIDER shall submit for review and approval by the AGENCY, all subcontracts, initiated under the terms of this Agreement with any subcontracted agencies before the execution of such subcontracts.

c. No provision of this paragraph and no such approval by the AGENCY of any subcontract shall be deemed in any event in any manner to provide for the incurrence of any obligation of the AGENCY in addition to the total agreed upon price proposed by the PROVIDER and accepted by the AGENCY and County of Monroe.

d. __________________is hereby designated as the person responsible for satisfying the performance of the terms of this Agreement.

e. Brian LaVacca, Administrator of the Monroe County Area Agency on Aging, is hereby designated by the Monroe County Commissioners as the person who will monitor the performance of the PROVIDER.

f. The PROVIDER agrees to full comply with the Commonwealth’s Contractors Integrity Provisions set forth in Attachment B (General Terms and Conditions) and any changes or modifications made thereto.

9. WHEREAS this Agreement is for the provision of service to individuals or families, the

PROVIDER will establish a system through which applicants for and recipients of service may present grievances about the operation of the service program. The PROVIDER will advise applicants and recipients of their right to appeal denial or exclusion from the program or failure to recognize the recipient’s choice of a service and of their right to a hearing in these respects. Whenever an applicant or recipient requests a fair hearing, the AGENCY will make arrangements to provide such a hearing through its hearing procedures.

The cost of providing services to individuals under this Agreement may be reimbursed from the Aging Services Block Grant or other funding if the service provided is allowable in the State’s Services Program Plan. Any person 60 years of age or older and their spouse, regardless of the spouse’s age and when accompanying the eligible participant, shall be considered eligible for congregate nutrition services.

10. This Agreement contains all the terms and conditions agreed to by the parties. Any alterations, variations, modifications or waivers of provisions of this Agreement shall not be valid until they have been reduced to writing, duly signed by both parties and attached to the original of this

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Agreement. Continuation of this Agreement is based on compliance with all terms and conditions. No other agreements, oral or otherwise, shall be deemed to exist or bind any of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their officials thereto duly authorized. MONROE COUNTY COMMISSSIONERS FOR MONROE COUNTY AREA AGENCY ON AGING _______________________ ______________________________ WITNESS John R. Moyer, Chairman DATE: _____________ ______________________________ Charles A. Garris, Vice Chairman ______________________________ John Christy, Commissioner PROVIDER _________________________ BY: ___________________________________ WITNESS (Authorized Representative of Provider) DATE: ____________________ DATE: __________________

ATTACHMENTS

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ATTACHMENT A – Payment Provisions / Public Notices Page 51 ATTACHMENT B – General Terms and Conditions Page 52 ATTACHMENT C – Audit Requirements and Provisions Page 62 ATTACHMENT D – Lobby Certification Page 68 ATTACHMENT E – Assurance of Compliance Page 69 ATTACHMENT F – Scope of Service Page 71 ATTACHMENT G – Cost of Unit of Service Page 72 ATTACHMENT H – Insurance Certificate (Insert) Page 73 ATTACHMENT I – HIPPA – Business Associate Agreement Page 74

ATTACHMENT A

PAYMENT PROVISIONS / PUBLIC NOTICES

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PAYMENT PROVISONS The AGENCY agrees to pay the PROVIDER for services rendered pursuant to this Agreement as follows:

1. Subject to the availability of State and Federal funds and other terms and conditions of this Agreement, the AGENCY will reimburse the PROVIDER for costs incurred and validly attributable to the Agreement, in accordance with the payment provisions incorporated herein.

2. The AGENCY agrees to pay the PROVIDER for services rendered as described in the contract

objectives pursuant to this Agreement.

3. Payments will be made on the basis of invoiced actual expenditures and evidence of provision of the appropriate level of services by the PROVIDER.

4. The AGENCY shall have the right to disapprove any expenditure made by the PROVIDER which

is not in accordance with the terms of this Agreement and may adjust payments to the PROVIDER accordingly.

The PROVIDER agrees to permit, support and participate in such training as may be deemed necessary by the AGENCY to enable paid and volunteer program personnel to administer the services described. The AGENCY reserves the right to inspect service sites at any time to determine compliance with service specifications, and to recommend the withholding of payments for services, procedures and conditions not meeting prescribed requirements. PUBLIC NOTICES All notices, written or oral, including but not limited to informational pamphlets, press releases, research reports, media announcements, and similar public notices prepared and released by the PROVIDER shall include the following statement: “This project is funded, in part, under a contract with the Pennsylvania Department of Aging.” The AGENCY reserves the right to review such notices prior to their public release.

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ATTACHMENT B

GENERAL TERMS AND CONDITIONS

1. INDEPENDENT CAPACITY OF PROVIDER The PROVIDER, its employees, agents, subcontractors, and board of directors are not deemed to be or considered employees of the County in any manner whatsoever and shall act in an independent capacity and not as officers, employees or agents of the County.

2. CONFIDENTIALITY/HIPAA No information about a client or information obtained from a client, shall be disclosed by the PROVIDER in a form that identified the client without the informed and express written consent of the client or of his or her legal representative, unless disclosure is required by court order or for other program monitoring by authorized federal, state or local monitoring agencies. List of older persons compiled for information and referral purposes shall be used solely for the purpose of providing services, and only with the informed and express written consent of each individual on the list. The PROVIDER must comply with all appropriate federal and state laws and regulations. PROVIDER warrants and represents that it will comply with the Health Insurance Portability and Accountability Act of 1966 (HIPAA) with respect to the processing, privacy and security of medical and/or health information and related documentation/records in connection with the PROVIDER’s provision of services as set forth under this Agreement, whether as a “covered entity” or as “business associate” of the County. PROVIDER understands that it assumes all responsibility for its own compliance with HIPAA. PROVIDER agrees to indemnity, defend, reimburse, and hold harmless the County, its officers, agents, and employees with respect to any liability, including costs or penalties assessed to, or borne by, the County, whether civil or otherwise arising from PROVIDER’s compliance or noncompliance with respect to HIPAA. See Attachment I.

3. LIABILITY AND INSURANCE The PROVIDER shall, at its sole cost and expense, procure and maintain in full force and effect insurance covering the performance of the services rendered under this agreement in the types and limits specified below. In addition to the insurance coverage and limits specified herein, the PROVIDER shall obtain any other insurance coverage as may be required by law.

A. General Liability Insurance 1. Limits of Liability $1,000,000 in the aggregate and per occurrence 2. Coverage: Premise operations, blanket contractual liability, personal injury liability

(employee exclusion deleted), products and completed operations, independent contractors, employees and volunteers as additional insured, joint liability, and broad form property damage (including completed operations).

B. Workers’ Compensation and Employers’ Liability Insurance

1. Limits of Liability: Workers’ Compensation – Statutory Limits 2. Employers’ Liability: Statutory Limits.

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3. Other States’ coverage and Pennsylvania endorsement

C. Automobile Liability 1. Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability. 2. Coverage: Owner, non-owned and hired vehicles D. Professional Liability Insurance 1. Limit of Liability: $1,000,000 by claim and in the aggregate 2. Coverage for occurrences happening during the performance of services required under this Agreement shall be maintained in full force and effect under the policy. The policy shall include “tail coverage” for up to a two (2) year period of exposure. The Certificate of Insurance shall contain an endorsement naming the County as a “certificate holder” and as an “additional insured” party under the general and professional liability coverage, with a provision that at least thirty (30) calendar days prior written notice will be given to the County in the event any coverage is canceled or non-renewed, or limits or coverage reduced. Prior to commencement of the work under this agreement and during the term of the Agreement, the PROVIDER shall provide the AGENCY with current certificates of insurance. These certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or changed until at least thirty (30) days written notice has been given to the AGENCY. Proof of the PROVIDER’S insurance coverage is attached hereto as Attachment H. 4. INDEMNIFICATION / HOLD HARMLESS PROVIDER being bound by all applicable state and federal regulations, hereby expressly agrees to hold the COUNTY/AGENCY harmless against all audit exceptions and against or from any or all claims, demands, actions, suits and liabilities and losses arising from any act of omission arising from the PROVIDER’S fault or negligence or through the negligence or fault or any manufactured products supplied by the PROVIDER and used by the AGENCY in the performance of the work under this contract. This obligation shall extend to and include all litigation costs and reasonable attorney fees incurred by the county COUNTY/AGENCY in response to such claims, demands, actions or liabilities provided it is ultimately determined that such claim resulted from the PROVIDER’S or manufacturer’s fault or negligence. 5. PROVIDER INTEGRITY PROVISIONS A. Definitions 1. Confidential information means information that is not public knowledge, or available to the public on request, disclosure of which would give an unfair, unethical, or illegal advantage to another desiring to enter into an Agreement with the AGENCY. 2. Consent means written permission signed by a duly authorized officer or employee of the AGENCY, provided that where the material facts have been disclosed, in writing, by prequalification, bid, proposal, or contractual terms, the AGENCY shall be deemed to have consented by virtue of execution of this Agreement.

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3. PROVIDER means the individual or entity that has entered into this Agreement with the AGENCY, including directors, officers, partners, managers, key employees, and owners of more than a 5% interest. 4. Financial interest means: (a) ownership of more than a 5% interest in any business; of (b) holding a position as an officer, director, trustee, partner, employee or the like or holding any position of management. 5. Gratuity means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. B. The PROVIDER shall maintain the highest standards of honesty and integrity in the performance of this Agreement and shall take no action in violation of federal or state laws, regulations, or other requirements that govern contracting with the AGENCY. C. The PROVIDER shall not disclose to others any confidential information gained by virtue of the Agreement. D. The PROVIDER shall not, in connection with this or any other Agreement or Agreement with the AGENCY, directly or indirectly, offer, confer, or agree to offer or offer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty by any officer or employee of the AGENCY. E. The PROVIDER shall not, in connection with this or any other contract or agreement with the COUNTY/AGENCY, directly or indirectly, offer, give, or agree or promise to offer or give to anyone any gratuity for the benefit of or at the direction or request of any officer or employee of the COUNTY/AGENCY. F. Except with the consent of the AGENCY, neither the PROVIDER nor anyone in privity with the PROVIDER shall accept or agree to accept from, or give or agree to give to, any person, any gratuity from any person in connection with the performance of work under this Agreement except as provided therein. G. Except with the prior written consent of the COUNTY and AGENCY, the PROVIDER shall not have a financial interest in any other contract, county and subcontractor, or supplier providing services, labor, or material used to perform the services outlined in the Agreement. H. The PROVIDER, upon being informed that any violation of these provisions has occurred or may occur, shall immediately notify the AGENCY in writing. I. The PROVIDER, by execution of this Agreement and by the submission of any bills or invoices for payment pursuant thereto, certifies and represents that such does not and has not violated any of these provisions. J. The PROVIDER upon the inquiry or request of the County Commissioners or any of that official’s agents or representatives, shall provide, or if appropriate, make promptly available for inspection or copying, any information of any type or form deemed relevant by the AGENCY to the PROVIDER’S

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integrity or responsibility, as those terms are defined by the AGENCY’S statues, regulations, or management directives. Such information may include, but shall not be limited to, the PROVIDER’S business or financial records, documents or files of any type or form, which refer to or concern this Agreement. Such information shall be retained by the PROVIDER for a period of three years beyond the termination of the Agreement unless otherwise provided by law. K. For violation of any of the above provisions, the COUNTY may terminate this Agreement, and other Agreements with the PROVIDER, claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim damages for all expenses incurred in obtaining another PROVIDER to complete performance hereunder and debar and suspend the PROVIDER from doing business with the AGENCY. These rights and remedies are cumulative, and the use or nonuse of any shall not preclude the use of all or any other. These rights and remedies are in addition to those the AGENCY may have under law, statue, regulation, or otherwise. 6. PROVIDER RESPONSIBILITY A. The PROVIDER certifies that at the date of its execution of the Agreement, it is not, nor is any approved subcontractors, under suspension or debarment by the Commonwealth, or any other state or the federal government. If the PROVIDER cannot so certify, then it agrees to submit a written explanation of why such certification cannot be made. B. If the PROVIDER enters into subcontracts or employs under the Agreement any subcontractors/individuals who are currently suspended or debarred by the Commonwealth or federal government during the term of this Agreement or any extensions or renewals, thereof, the AGENCY shall have the right to require the PROVIDER to terminate such subcontracts or employment. C. The PROVIDER agrees to reimburse the AGENCY for reasonable costs investigations incurred by the Office of State Inspector for investigations of the PROVIDER’S compliance with the terms of this Agreement between the PROVIDER and the AGENCY which results in the suspension or debarment of the PROVIDER. Such costs shall include, but not limited to, salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The PROVIDER shall not be responsible for investigative costs for investigations which do not result in the PROVIDER’S suspension for debarment. D. The PROVIDER may obtain the current list of suspended and debarred providers by assessing the Department’s web site at www.dgs.internet.state.pa.us/debarment_list/ or contacting the: Department of General Services Offices of Chief Counsel 603 North Office Building Harrisburg, PA 17125 Telephone: (717) 783-6472 FAX: (717) 787-9138 The signing of the agreement by PROVIDER certifies that it or its subcontractors are not debarred or suspended from the Medicaid and/or Medicare programs. The County will be notified immediately by PROVIDER if the above status occurs and/or changes during the term of this agreement. By signing this Agreement, the PROVIDER certifies that it will provide a drug-free work place.

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PROVIDER agrees to comply with all federal regulations as they relate to disclosure of lobbying activities (Federal Register, Volume 55, Number 38). See Attachment D. 7. SUBCONTRACTS The PROVIDER agrees to accept full responsibility for the performance of the terms of this Agreement, including the work performed through any subcontracting. The PROVIDER shall, in subcontracting under this Agreement, require such PROVIDERS to comply with all requirements as set forth in these general terms and conditions, as all applicable state and federal requirements pursuant to the Older Americans Act of 1965, as amended in 2000 42 U.S.C.A. Section 3001 et seq. Except for those subcontracts specifically authorized by this Agreement, the PROVIDER shall not enter into subcontracts for any of the services contemplated under this Agreement without obtaining prior written approval of the AGENCY. In all events, the PROVIDER shall be responsible for the quality and quantity of work performed by any of its approved subcontractors as set forth in the General Terms and Conditions of this Agreement. 8. EXAMINATION OF RECORDS A. The PROVIDER agrees to maintain books, program and financial records, documents and other evidence pertaining to the costs and expenses of this Agreement. B. The PROVIDER agrees to make available at the office of the PROVIDER at all reasonable times During the term of this Agreement and the period set forth below, any of the records for inspection, audit or reproduction by an authorized representative of the AGENCY or the County Auditor or State or Federal auditors. C. Except for documentary evidence delivered to the AGENCY, the PROVIDER shall preserve and make available all records for a period of five years from the date of final payment under this Agreement; and for such period, if any, as specified by paragraphs 1 and 2 below: 1. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of five years from the date of any resulting final statement. 2. Records which relate to litigation or the settlement of claims arising out of the performance of this Agreement, or costs under this Agreement as to which exception has been taken by the auditors shall be retained by the PROVIDER until such litigation, claims or exceptions have been litigated or settled to final disposition. 3. The provisions of this paragraph shall be applicable to and included in each subcontract hereunder. 9. PROGRESS REPORTS A. The PROVIDER and its subcontractors shall furnish to the AGENCY such progress and periodic reports in such form and quantity as the AGENCY may from time to time require, including but not limited to, status reports of the project, proposed budgets, invoices, copies of all contracts executed and proposed any and all other information relative to the project as may be requested. B. In the event that the AGENCY determines that the PROVIDER or its subcontractor have not furnished such reports as required by the AGENCY, the AGENCY, by giving written notice to the PROVIDER, may suspend payments under this Agreement, until such time as the required reports are submitted.

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10. RIGHTS IN DATA: COPYRIGHTS AND DISCLOSURE A. Definition: The term “data,” as used herein, includes written reports, drawings, studies and work of any similar nature which is required to be delivered under the Agreement. It does not include PROVIDER’S financial reports or other information incidentals to Agreement administration. B. Rights in Data: Data created pursuant to the execution of this Agreement shall be the property of the AGENCY and shall have full right to use such data for any official purpose in whatever manner deemed desirable and appropriate. Such use shall be without any additional payment to or approval by the PROVIDER. PROVIDER may retain a copy of such data for its internal use. C. Copyrights: PROVIDER relinquishes any and all copyrights and/or privileges to data developed under this Agreement. PROVIDER shall not include in the date any copyrighted matter without the written approval of the AGENCY unless PROVIDER provides the AGENCY with written permission of the copyright owner for the AGENCY to use such copyrighted matter in a manner provided herein. Any product or material that is to be printed or developed for any publication or distribution or other public display as a result of this Agreement, must be reviewed and approved in writing by the Administrator of the AGENCY prior to final production or printing. All data produced by funds provided through this Agreement must contain the AGENCY’s logo and appropriate officials’ names on the cover and the following notation on the inside cover on Title Page: “This document was produced with funds provided under Contract No. 4100057904 from the Pennsylvania Department of Aging.” D. The PROVIDER shall defend any suit or proceeding brought against the County or AGENCY on account of any alleged infringement of any copyright arising out of the performance of this Agreement, including any suit or proceeding relating to all work, services, materials, reports, studies and computer programs provided by the PROVIDER; provided, nevertheless, that the AGENCY shall provide prompt notification in writing of such suit or proceedings together with full right, authorization and opportunity to conduct the defense thereof, and full information and all reasonable cooperation, for the defense of the same. If principles of governmental or public law are involved, the County may participate in the defense of any such action. The PROVIDER shall pay all damages and costs awarded therein against the County. If information and assistance are furnished by the County at PROVIDER’S written request, it shall be at the PROVIDER’S expense, but the responsibility for such expense shall be only that within the PROVIDER’S written request. If any of the materials, reports, studies or computer programs provided by the PROVIDER are held to constitute infringement and the use or publication thereof is enjoined in such suit or proceeding, the PROVIDER shall, at its own expense and at its option, either procure the right to publish or continue use of such infringing materials, reports, studies or computer programs, replace them with non-infringing items or so modify them so that they are no longer infringing. The obligation of the PROVIDER under this paragraph, continue without time limit. It is understood that the PROVIDER is responsible for defending suite against the County on account of any alleged infringement of any copyright arising out of information or material supplied by only the PROVIDER under this Agreement. 11. AMERICANS WITH DISABILITY ACT

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A. Pursuant to federal regulations promulgated under the authority of The Americans With Disabilities Act of 1990, 28 C.F.R. #35.101 et seq., the PROVIDER understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this Agreement or from the activities provided for under this Agreement. As a condition of accepting and executing this Agreement, the PROVIDER agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. #35.130, and all other regulations promulgated under Title II of The Americans With Disabilities ACT which are applicable to the benefits, services, programs, and activities provided by the AGENCY through contracts with outside PROVIDERS. B. The PROVIDER shall be responsible for and agrees to indemnify and hold harmless the AGENCY from all losses, damages, expenses, claims, demands, suits and actions brought by any party against the AGENCY as a result of the PROVIDER’S failure to comply with the provisions of paragraph A. above. 12. NON-DISCRIMINATION/SEXUAL HARASSMENT A. In the hiring of any employee(s) for the performance of work, or any other activity required under this Agreement, the PROVIDER, subcontractor, or any person acting on behalf of the PROVIDER shall not, by reason of gender, race, creed, or color, discriminate against any citizens of this commonwealth who is qualified and available to perform the work to which the employment relates. B. The PROVIDER, any subcontractor, or any person on their behalf shall not in any manner discriminate against or intimidate any of its employees on account of gender, race, creed or color. C. The PROVIDER or subcontractor shall establish and maintain a written sexual harassment policy and shall inform their employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be disciplined. D. The PROVIDER or subcontractor shall not discriminate by reason of gender, race, creed or color against any subcontractor or supplier who is qualified to perform the work to which the contracts related. E. The PROVIDER or subcontractor shall, within the time periods requested by the AGENCY, furnish all necessary employment documents and records and permit access to their books, records and accounts to the AGENCY, for purpose of ascertaining compliance with provisions of this Nondiscrimination/Sexual Harassment clause. F. The PROVIDER or subcontractor shall include the provisions of the Nondiscrimination/Sexual Harassment clause in every subcontract agreement so that those provisions applicable to subcontractors will be binding. 13. PROPERTY AND SUPPLIES The PROVIDER agrees to obtain all supplies and equipment for use in the performance of this Agreement at the lowest practicable cost and to purchase by means of a system of competitive bidding whenever required by law. 14. AGREEMENT SUBJECT TO LAWS AND REGULATIONS

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This Agreement is subject to the provisions of all pertinent federal, state and local laws and regulations and all amendments made hereto. Definitions of service, eligibility of recipients of service and other limitations on the purchase of the services established in this Agreement are subject to modification by amendments to federal, state and local laws and regulations without further notice to the PROVIDER. 15. INTERESTS OF MEMBERS OF THE AGENCY AND OTHERS No officer, member or employee of the AGENCY, who exercises any functions or responsibilities under this Agreement, shall participate in any decision relating to this Agreement which affects their respective personal interest or the interest of any corporation, partnership or association in which, directly or indirectly, they may be interested; nor shall any such officer, member of employee of the COUNTY or AGENCY have any interest, direct or indirect, in this Agreement or the proceeds thereof. 16. INTEREST OF PROVIDER The PROVIDER covenants and agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The PROVIDER further covenants and agrees that in the performance of this Agreement, it shall not knowingly employ any person having such interest. PROVIDER further certifies that no member of the board of the PROVIDER or any of its officers or directors have such an adverse interest. 17. TERMINATION OF AGREEMENT A. Termination for Default: This agreement, and all attachments which have been incorporated by reference, contains all the terms, provisions, and conditions of the Agreement. All provisions herein are intended by the parties to be whole and entire, and no provision, nor any part thereof, is intended to be severable. However, in the event the PROVIDER fails to fulfill in a timely and proper manner its obligations under this Agreement, the County may issue a notice of non-compliance requiring compliance within specified period of time. If PROVIDER shall fail to comply within that period of time, the County may deem such non-compliance as cause to sever the Agreement in whole or part, by giving thirty (30) days written notice. Any alteration, variation, modification, or waiver of any provision of this Agreement shall be valid only when reduced to writing, duly acknowledged by the parties hereto be execution of any addendum which shall be attached to and made a part of this Agreement. PROVIDER shall not be held responsible for delay or failure to perform hereunder when such a delay or failure is due to fire, epidemic, natural disaster, or public enemy. The COUNTY and/or AGENCY has the option to place the PROVIDER on probation if it is found not in compliance with the various requirements so stated within this Agreement. If placed on probation, PROVIDER agrees to develop a corrective action plan as it relates to the cited non-compliance issue(s). PROVIDER will be notified by certified mail or in person of the cited non-compliance issue(s). The County and Agency reserves the right to suspend or revise payment, obtain repayment of improperly expended funds or withhold funds in whole or part for reasons of non-compliance with the terms and provisions of this Agreement.

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Notwithstanding the above, the PROVIDER shall not be relieved of liability to the COUNTY or AGENCY of damages sustained by the AGENCY by virtue, in any manner or degree, of the PROVIDER’S nonperformance of its services herein. B. Termination for Convenience: The AGENCY or PROVIDER may terminate this Agreement any anytime by giving written notice to the other party of such termination by specifying the effective date thereof, at least thirty (3) days before the effective date of such terminations. 18. ASSIGNABILITY The PROVIDER shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or notation), without the prior written approval of the COUNTY or AGENCY thereto, which shall be attached to the original Agreement, and subject to such conditions and provisions as the COUNTY/AGENCY may deem necessary. No such approval by the COUNTY of any assignment shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the COUNTY or AGENCY in addition to the total agreed-upon price: provided, however, that claims for compensation due or to become due the PROVIDER from the AGENCY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly in writing to the COUNTY and AGENCY. 19. COVENANT AGAINST CONTINGENT FEES The PROVIDER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee (excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of security business). For breach or violation of this warranty, the COUNTY or AGENCY shall have the right to annul this Agreement, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 20. AVAILABILITY OF FUNDS The obligations of the AGENCY under this Agreement are subject to the availability and appropriation of funds by the General Assembly of Pennsylvania or the federal government under the Older American Act, 42 U.S.C. Section 3001 et seq. Limitations on or diminution of such funds from either the state or federal government to the County shall constitute full and adequate reason for termination of the Agreement by the County hereunder without further action by PROVIDER. PROVIDER shall, upon written notification by the County and in the sole option of the County provide a final statement of services to the date of termination. 21. RIGHT TO KNOW The Pennsylvania Right-to-Know Law, 65 P.S. #67.101-3104, applies to this Agreement. Unless the PROVIDER provides the COUNTY or AGENCY, in writing, with the name and contact information of another person, the AGENCY shall notify the PROVIDER using the PROVIDER information provided by the PROVIDER in this Agreement. If the AGENCY needs the PROVIDER’S assistance in any matter arising out of the Right to Know Law, the PROVIDER shall notify the AGENCY in writing of any change in the name or the contact information within a reasonable time prior to the change.

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Upon notification to the PROVIDER that the AGENCY has received a request for records under the RTKL related to this Agreement that may be in the PROVIDER’S possession, constituting, or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), the PROVIDER shall: a. Provide the AGENCY, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the PROVIDER’S possession arising out of this Agreement that the AGENCY reasonably believes is Requested Information and may be a public record under the RTKL; and b. Provide such other assistance as the AGENCY may reasonably request, in order to comply with the RTKL with respect to this Agreement. If the PROVIDER considers the Requested Information to include a request for a Trade Secret Or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the PROVIDER considers exempt from production under the RTKL, the PROVIDER must notify the AGENCY and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the PROVIDER explaining why the requested material is exempt from public disclosure under the RTKL. The AGENCY will rely upon the written statement from the PROVIDER in denying a RLKL request for the Requested Information unless the AGENCY determines that the Requested Information is clearly not protected from disclosure under the RTLK. Should the AGENCY determine that the Requested Information is clearly not exempt from disclosure, the PROVIDER shall provide the Requested Information within five (5) business days of receipt of written notification of the AGENCY’S determination. If the PROVIDER fails to provide the Requested Information with the time period required by these provisions, the PROVIDER shall indemnify and hold the COUNTY and AGENCY harmless for any damages, penalties, costs, detriment or harm that the AGENCY may incur as a result of the PROVIDER’s failure, including any statutory damages assessed against the AGENCY. The AGENCY will reimburse the PROVIDER for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable. The PROVIDER may file a legal challenge to any AGENCY’s decision to release a record the public with the Office of Open Records, or in the Pennsylvania Courts, however, the PROVIDER shall indemnify the COUNTY and AGENCY for any legal expenses incurred by the COUNTY and/or AGENCY as a result of such a challenge and shall hold the COUNTY/AGENCY harmless for any damages, penalties, costs, detriment or harm that the COUNTY/AGENCY may incur as a result of the PROVIDER’S failure, including any statutory damages assessed against the COUNTY/AGENCY, regardless of the outcome of such legal challenge. As between the parties, the PROVIDER agrees to waive all rights or remedies that may be available to it as a result of the AGENCY’s disclosure of Requested Information pursuant to the RTKL. The PROVIDER’S duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as the PROVIDER has Requested Information in its possession.

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ATTACHMENT C AUDIT REQUIREMENTS & PROVISIONS The Pennsylvania Department of Aging (PDA) distributes federal and state funds to local governments and nonprofit organizations. Federal expenditures are subject to federal audit requirements, and federal and state funding passed through PDA are subject to PDA audit requirements. If any federal statute specifically prescribes policies or specific requirements that differ from the standards provided herein, the provisions of the subsequent statute shall govern. The PDA provides the following audit requirements in accordance with the Commonwealth of Pennsylvania, Governor’s Office, Management Directive 325.9, as amended December 3, 2003. Sub recipient means an entity that expends federal awards received from a pass-through entity to carry out a federal program but does not include an individual that is a beneficiary of such a program. A sub recipient may also be a recipient of other federal awards directly from a federal awarding agency. For purposes of this audit clause, a sub recipient is not a vendor that receives a procurement contract to provide goods or services that are required to provide the administrative support to carry out a federal program. AUDIT REQUIREMENTS – NON-PROFIT ORGANIZATIONS Local government and nonprofit organizations must comply with all federal audit requirements, including: the Single Audit Act, as amended; the revised Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Government, and Non-Profit Organizations; and any other applicable law or regulations, as well as any other applicable law or regulations that may be enacted or promulgated by federal government. Local government or nonprofit organizations that expend federal awards of $500,000 or more during its fiscal year, received either directly from the federal government, indirectly from a pass-through entity, or a combination of both, to carry out a federal program, are required to have an audit performed in accordance with the provisions of OMB Circular A-133, as revised. If a local government or nonprofit organization expends total federal awards of less than $500,000 during its fiscal year, it is exempt from these audit requirements, but is required to maintain auditable records of federal or state funds that supplement such awards. Records must be available for review by appropriate officials. GENERAL AUDIT PROVISONS – NON-PROFIT ORGANIZAIONS Local government or nonprofit organizations are responsible for obtaining the necessary audit and security the services of a certified public accountant or other independent governmental auditor. Federal regulations preclude public accountants licensed in the Commonwealth of Pennsylvania from performing audits of federal awards. The Commonwealth reserves the right for federal and state agencies, or their authorized representatives, to perform additional audits of a financial or performance nature, if deemed necessary by Commonwealth or federal agencies. Any such additional audit work will rely on work already performed by the PROVIDER’S audit and the costs for any additional work performed by the federal or state agencies will be borne by those agencies at no additional expense to the PROVIDER.

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If it is decided that an additional audit of this contract will be performed, the sub recipient will be given advance notice. The sub recipient shall maintain books, records, and documents that support the services provided, that the amounts earned are in accordance with the contract, and that the sub recipient has complied with the contract terms and conditions. The sub recipient agrees to make available, upon reasonable notice, at the office of the sub recipient, during normal business hours, for the term of this contract and the retention period set forth in this Audit Clause, any of the books, records, and documents for inspection, audit, or reproduction by any state or federal agency or its authorized representative(s). Audit documentation will be made available upon request to authorized representatives of the Commonwealth, the Cognizant Federal agency for audit, the oversight federal agency for audit, the federal funding agency, or the Government Accountability Office. Audit documentation and audit reports must be retained by the PROVIDER’S auditor for a minimum of five (5) years from the date of issuance of the audit report, unless the PROVIDER’S auditor is notified in writing by the AGENCY, the Commonwealth, the Cognizant Federal agency for audit or the oversight federal agency for audit to extend the retention period. The sub recipient shall preserve all books, records, and documents related to this contract for a period of time that is the greater of four years from the contract expiration date, until all questioned costs or activities have been resolved to the satisfaction of the Commonwealth, or as required by applicable federal laws and regulations, whichever is longer. If this contract is completely or partially terminated, the records related to the work terminated shall be preserved and made available for a period of five years from the date of any resulting final settlement. Record that relate to litigation of the settlement of claims arising out of performance or expenditures under this contract to which exception has been taken by the auditors shall be retained by the sub recipient or provided to the Commonwealth at the PDA’s option until such litigation, claim, or exceptions have reached final disposition. Except for documentary evidence delivered pursuant to litigation or the settlement of claims arising out of the performance of the contract, the sub recipient may, in fulfillment of his obligation to retain records as required by this Audit Clause, substitute photographs, microphotographs, or other authentic reproductions of such records after the expiration of two years following the last day of the month of reimbursement to the contractor of the invoice or voucher to which such records relate, unless a shorter period is authorized by the Commonwealth. All audits shall be performed in accordance with the generally accepted Government Audition Standards (The Yellow Book) as published by the Comptroller General of the United States. The Provider will be subject to on site fiscal and program monitoring. As applicable, the provider shall have subcontractors obtain audits of their contracts in accordance with the applicable Federal, State and County audit requirements. The provider shall follow up on all disclosed findings and questioned costs in the audit reports. The provider shall retain audits for a period of four years after termination of the provider’s contract with the subcontractor or until resolution of any audit exceptions or other claims or actions involving a subcontractor.

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SUBMISSION OF AUDIT REPORTS TO THE AGENCY REQUIRED REPORTS Submit federally required audit reports in accordance to OMB Circular A-133, Subsection __.320, Report Submission. Include the following documentation to the Monroe County Area Agency on Aging within 120 days of the close of the fiscal year ending June 30. 1. Date Collection Form 2. Financial statements and a Schedule of Expenditures of Federal Awards (SEFA): 3. Auditor’s reports on the financial statements, the SEFA, internal control, and compliance, as Well as a schedule of prior audit findings; 4. Summary schedule of prior audit findings; 5. Corrective Action Plan; and 6. Management letter comments PERIOD SUBJECT TO AUDIT A federally required audit, made in accordance with OMB Circular A-133, encompasses the fiscal period of the provider. Therefore, the period of the federally required audit may differ from the official reporting period as specified in this agreement. CORRRECTIVE ACTION PLAN The provider shall prepare a correction action plan (CAP) to address all findings of noncompliance, internal control weaknesses, and/or reportable conditions disclosed in the audit report. For each finding noted, the CAP should include: 1. a brief description identifying the findings; 2. whether the provider agrees with the finding;

3. the specific steps to be taken to correct the deficiency or specific reasons why corrective action is not necessary;

4. a timetable for completion of the corrective action steps; 5. a description of monitoring to be performed to ensure that the steps are taken 6. the responsible party for the CAP SANCTIONS (REMEDIES FOR NON-COMPLIANCE WITH AUDIT REQUIREMENTS) 1. Disallow the cost of the audit 2. Withhold a percentage of the contract funding until the audit is completed satisfactorily and/or audit resolution is achieved. 3. Withhold or disallow administrative/overhead costs until the audit is completed satisfactorily and/or audit resolution is achieved. 4. Suspend subsequent contract funding until the audit is completed satisfactorily and/or the provider has demonstrated the ability and/or willingness to comply with these contractual audit requirements. AUDIT REQUIREMENTS – FOR PROFIT ORGANIZATIONS A for-profit organization is required to have an audit if it expends a total of $500,000 or more in federal funds under one or more Department of Health and Human Services (DHHS) federal awards. Title 45, CFR 74.26, incorporates the thresholds and deadlines of the Office of Management and Budget (OMB) Circular

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A-133, Audits of States, Local Government, and Non-Profit Organizations, but provides for-profit organizations with two options regarding the type of audit that will satisfy the audit requirements: 1. An audit made in accordance with generally accepted Government Auditing Standards (The Yellow Book), revised; or 2. An audit that meets the requirements contained in OMB Circular A-133. A for-profit organization is required to have an audit, in accordance with the above audit requirements, if it expends a total of $500,000 or more of federal awards directly or indirectly during its fiscal year. If a for-profit organization expends total federal awards of less than $500,000 during its fiscal year, it is exempt from these audit requirements, but is required to maintain auditable records of federal or state funds that supplement such awards. Records must be available for review by appropriate officials. GENERAL AUDIT PROVISIONS – FOR PROFIT ORGANIZATIONS A for-profit organization is responsible for obtaining the necessary audit and securing the services of a certified public accountant or other independent governmental auditor. Federal regulations preclude public accountants licensed in the Commonwealth of Pennsylvania from performing audits of federal awards. The Commonwealth reserves the right for state and federal agencies, or their authorized representatives, to perform financial and/or performance audits if deemed necessary by the Commonwealth or federal agencies. Any such additional audit work can incorporate the work already performed by the sub recipient’s auditor. Any additional work authorized or performed by the federal or state agency will be borne by those agencies at no additional expense to the sub recipient. If it is decided that an audit of this contract will be performed, the sub recipient will be given advance notice. The sub recipient shall maintain books, records, and documents that support the services provided, that the fees earned are in accordance with the contract, and that the sub recipient has complied with the contract terms and conditions. The sub recipient agrees to make available, upon reasonable notice, at the office of the sub recipient, during normal business hours, for the term of this contract and the retention period set forth in this Audit Clause, any of the books, records, and documents for inspection, audit, or reproduction by any state or federal agency or its authorized representative. The sub recipient shall maintain books, records, and documents related to this contract for a period of four years from the contract expiration date, until all questioned costs or activities have been resolved to the satisfaction of the Commonwealth, or as required by applicable federal laws and regulations, whichever is longer. Any records that support the services provided, that the fees earned are in accordance with the contract, and that the sub recipient has complied with contract terms and conditions must be maintained. The sub recipient agrees to make available, upon reasonable notice, at the office of the sub recipient, during normal business hours, for the term of this contract and the retention period set forth in this Audit Clause, any of the books, records, and documents for inspection, audit, or reproduction by any state or federal agency or its authorized representative. Audit working papers and audit reports must be retained by the sub recipient’s auditor for a minimum of three years from the date of issuance of the audit report, unless the sub recipient’s auditor is notified in writing by the Commonwealth, or the cognizant or oversight federal agency, to extend the retention period. Audit working papers will be made available, upon request, to authorized representatives of the Commonwealth, or the oversight agency, the federal funding agency, or the General Accounting Office.

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Records that relate to litigation of the settlement of claims arising out of performance or expenditures under this contract to which exception has been taken by the auditors shall be retained by the sub recipient or provided to the Commonwealth at the PDA’s option until such litigation, claim, or exceptions have reached final disposition. Exception for documentary evidence delivered pursuant to litigation or the settlement of claims arising out of the performance of the contract, the sub recipient may, in fulfillment of his obligation to retain records as required by this Audit Clause, substitute photographs, microphotographs, or other authentic reproductions of such records after the expiration of two years following the last day of the month of reimbursement to the contractor of the invoice or voucher to which such records relate, unless a shorter period is authorized by the Commonwealth. All audits shall be performed in accordance with the generally accepted Government Auditing Standards (The Yellow Book) as published by the Comptroller General of the United States. The Provider will be subject to on site fiscal and program monitoring. As Applicable, the provider shall have subcontractors obtain audits of their contracts in accordance with the applicable Federal, State and County audit requirements. The provider shall follow up on all disclosed findings and questioned costs in the audit reports. The provider shall retain audits for a period of 4 years after termination of the provider’s contract with the subcontractor or until resolution of any audit exceptions or other claims or actions involving a subcontractor. SUBMISSION OF AUDIT REPORTS TO THE AGENCY REQUIRED REPORTS Submit federally required audit reports in accordance to OMB Circular A0133, Subsection _.320, Report Submission. Include the following documentation to the Monroe County Area Agency on Aging within 120 days of the close of the fiscal year June 30. 1. Data Collection Form 2. Financial statements and a Schedule of Expenditures of Federal Awards (SEFA);

3. Auditor’s reports on the financial statements, the SEFA, internal control, and compliance, as well as a schedule of prior audit findings

4. Summary schedule of prior audit findings; 5. Corrective Action Plan; and 6. Management letter comments PERIOD SUBJECT TO AUDIT A federally required audit, made in accordance with OMB Circular A-133, encompasses the fiscal period of the auditee. Therefore, the period of the federally required audit may differ from the official reporting period as specified in this agreement.

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CORRECTIVE ACTION PLAN The provider shall prepare a corrective action plan (CAP) to address all findings of noncompliance, internal control weaknesses and/or reportable conditions disclosed in the audit report. For each finding noted, the CAP should include: 1. a brief description identifying the findings; 2. whether the auditee agrees with the finding;

3. the specific steps to be taken to correct the deficiency or specific reasons why corrective Action is not necessary;

4. a timetable for completion of the corrective action steps; 5. a description of monitoring to be performed to ensure that the steps are taken 6. the responsible party for the CAP SANCTIONS (REMEDIES FOR NON-COMPLIANCE WITH AUDIT REQUIREMENTS) 1. Disallow the cost of the audit

2. Withhold a percentage of the contract funding until the audit is completed satisfactorily and/or audit resolution is achieved.

3. Withhold or disallow administrative/overhead costs until the audit is completed satisfactorily and/or audit resolution is achieved.

4. Suspend subsequent contract funding until the audit is completed satisfactorily and/or the provider has demonstrated the ability and/or willingness to comply with these contractual audit requirements.

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ATTACHMENT D

LOBBYING CERTIFICATION

PROVIDER NAME: ___________________________________ I CERTIFY TO THE BEST OF KNOWLEDGE AND BELIEF, THAT; (1) No federal appropriated funds have been paid or will be paid by or on behalf of the PROVIDER, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this contract, grant, loan or cooperative agreement, the PROVIDER shall complete and submit STANDARD FORM-LLL, “DISCLOSURE OF LOBBYING ACTIVITIES,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award document for all sub awards at all tiers (including subcontracts, sub grants, and the contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed under #1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for such failure. ____________________________________________ Authorized Signature Date ____________________________________________ Title (Please Print or Type) Standard Form-LLL (Disclosure of Lobbying Activities). Please check appropriate line: _______FORM-LLL NOT APPLICABLE _______FORM-LLL IS ATTACHED

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ATTACHMENT E

ASSURANCE OF COMPLIANCE ASSURANCE OF COOMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SECTION 504 OF THE REHABILITATION ACT OF 1973, TITLE IX OF THE EDUCATION AMENDMENTS OF 1974 AND THE AGE DISCRIMINATION ACT OF 1975 The PROVIDER provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts, property, discounts or other federal financial assistance from the Department of Health and Human Services THE PROVIDER HEREBY AGREES THAT IT WILL COMPLY WITH: 1. Title VI of the Civil Rights Act of 1964 (Pub. L.88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the provider receives Federal financial assistance from the Agency. 2. Section 504 of the Rehabilitation Act of 1974 (Pub.L.93-112) as amended, and all requirements imposed by or pursuant to the Regulations of the Department of Health and Human Services (45 C.F.R. Part 84) to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits or, or be subjected to discrimination under any program or activity for which the PROVIDER receives Federal Financial assistance from the AGENCY. 3. Title IX of the Educational Amendments of 1972 (Pub. L. 92-318) as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 86) to the end that, in accordance with Title IX and the Regulation, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any educational program or activity for which the PROVIDER received Federal financial assistance from the AGENCY. 4. The Age Discrimination Act of 1975 (Pub. L.94-135), as amended and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in or be subjected to discrimination under any program or activity for which the PROVIDER received Federal financial assistance from the AGENCY. The PROVIDER agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance, and that is binding upon the PROVIDER, its successors, transferees and assignees for the period during which such assistance is provided. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the PROVIDER by the AGENCY, this assurance shall obligate the PROVIDER or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the PROVIDER for the

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period during which it retains ownership or possession of the property. The PROVIDER further recognizes and agrees that the United States shall have the right to seek judicial enforcement of this assurance. The person or persons whose signature(s) appear(s) below is/are authorized to sign this assurance and commit the PROVIDER to the above provisions. _________________________ __________________________ Date Signature of Authorized Official __________________________ Title of Authorized Official _________________________ Organization Name __________________________ Address __________________________

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ATTACHMENT F

SCOPE OF SERVICE

Section V in RFP for specific service description.

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ATTACHMENT G

COST OF UNIT OF SERVICE

I. AGENCY INFORMATION Legal Agency Name: Street/P. O. Box: City/State; Zip Code: Phone Number: Type of Agency (Check all that apply) IRS Identification No.: _____ Public _____ Private _____ Non-Profit _____ Voluntary _____ Proprietor _____ Minority Agency Incorporated under the laws of Pennsylvania? _____Yes _____ No Director/Administrator of Agency: II. PROPOSAL SERVICE INFORMATION

Title of Service

Cost Per Unit Of Service

No. of Service Units

Total Cost Service Contact Person & Phone

III. COMPLIANCE STATEMENT IN COMPLIANCE WITH THE REQUEST FOR PROPOSAL AND SUBJECTED TO ALL CONDITION THEREOF, THE UNDERSIGNED AGENCY AGREE, IF THIS PROPOSAL IS ACCEPTED, TO FURNISH ALL ITEMS UPON WHICH PRICES ARE QUOTED AT THE PRICE SET OPPOSITE EACH ITEM. Executed at______________________________ Date: _____________________________ _______________________________________ Title: _____________________________ Signature of Individual Submitting Proposal

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ATTACHMENT H

Insurance Certificate

The Certificate of Insurance must contain an endorsement naming the County as a “Certificate holder” and as an “additional insured” party under the general liability coverage.

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ATTACHMENT I

HIPPA – BUSINESS ASSOCIATE AGREEMENT

Minimum Legal Requirements

I. PREAMBLE Pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996, and its implementing regulation, the Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82, 462 et seq. (December 28, 2000) (hereinafter the “HIPAA Privacy Rule”), Monroe County (“Covered Entity”) and______________________________(“Business Associate”) (Jointly “the Parties”) wish to enter into an Agreement that addresses the requirements of the HIPAA Privacy Rule with respect to “business associates,” as that term is defined in the HIPAA Privacy Rule. Specifically, this Agreement is intended to ensure that the Business Associate will establish and implement appropriate safeguards (including certain administrative requirements) for “Protected Health Information” the Business Associate may create, receive, use or disclose in connection with certain functions, activities, or services (collectively “services”) to be provided by Business Associate to Covered Entity. The Parties acknowledge and agree that in connection with the services to be provided, Business Associate will create, receive, use or disclose Protected Health Information as set forth in the HIPAA Privacy Rule and as used herein. Protected Health Information (“PHI”) is defined as individually identifiable health information maintained or transmitted in any form or medium, including, without limitation, all information (including demographic, medical, and financial information), date, documentation, and materials that relate to: (i) the past, present, or future physical or mental health or condition of an individual; (ii) the provision of health care to an individual; or (iii) the past, present, or future payment for the provision of health care to an individual. PHI does not include health information that has been re-identified in accordance with the standards for de-identification provided for in the HIPAA Privacy Rule. In connection with Business Associate’s creation, receipt, use of disclosure of PHI, Business Associate and Covered Entity agree as follows: II. GENERAL TERMS a. All capitalized terms of this Agreement shall have the meanings set forth in the HIPAA Privacy Rule, unless otherwise defined herein. b. In the event of any inconsistency between the provisions of this Agreement and the mandatory terms of the HIPAA Privacy Rule, as may be expressly amended from time to time by the Department of Health and Human Services (HHS) or as a result of interpretations by HHS, a court, or another regulatory agency with authority over the Parties, the interpretation of HHS, such court or regulatory agency shall prevail. In the event of a conflict among the interpretations of these entities, the conflict shall be resolved in accordance with rules of precedence. c. Where provisions of this Agreement are different from those mandated by the HIPAA Privacy Rule, but are nonetheless permitted by the Rule, the provisions of the Agreement shall control.

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d. Except as expressly provided in the HIPAA Privacy Rule or this Agreement, this Agreement does not create any rights in third parties. III. SPECIFIC REQUIREMENTS a. Business Associate agrees to create, receive, use, or disclose PHI only in a manner that is consistent with this Agreement or the HIPAA Privacy Rule and only in connection with providing the services to Covered Entity identified in the agreement dated July 1, 2012. Accordingly, in providing services to or for the Covered Entity, Business Associate, for example, will be permitted to use or disclose PHI received by the Business Associate in its capacity as a Business Associate to the Covered Entity if: (i) the use relates to: (1) the proper management and administration of the Business Associate or to carry out legal responsibilities of the Business Associate, or (2) data aggregation services relating to the health care operations of the Covered Entity; or (ii) the disclosure of information received in such capacity will be made in connection with a function, responsibility, or service identified in (i) (1), and such disclosure is required by law or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidential and the person agrees to notify the Business Associate of any breaches of confidentiality. b. Business Associate shall include in all contracts with its agents or subcontractors, if such contracts involve the disclosure of PHI to the agents or subcontractors, the same restrictions and conditions on the use and disclosure of PHI that are set forth in this Agreement. c. Business Associate shall maintain safeguards as necessary to ensure that PHI is not used or disclosed except as provided for by this Agreement. d. Business Associate shall report to Covered Entity any use or disclosure of PHI that is not provided for in this Agreement. e. In accordance with 45 C.F.R. #164.524 of the HIPAA Privacy Rule, business Associate will make available to those individuals who are subjects of PHI, their PHI in Designated Record Sets by providing the PHI to Covered Entity (who then will share the PHI with the individual), by forwarding the PHI directly to the individual, or by making the PHI available to such individual at a reasonable time and at a reasonable location. f. Business Associate shall make available the information necessary to provide an accounting of disclosures of PHI as provided for in 45 C.R.F.#164.528 of the HIPAA Privacy Rule. g. Business Associate shall make available PHI for amendment and incorporate any amendment to PHI in accordance with 45 C.F.R. #164.526 of the HIPAA Privacy Rule. h. Upon the termination or expiration of the Agreement, Business Associate agrees to return the PHI to Covered Entity, destroy the PHI (and retain no copies), or further protect the PHI if return or destruction is not feasible. i. Business Associate shall make available to the HHS or its agents the Business Associate’s internal practices, books and records relating to the use and disclosure of PHI.

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j. The Parties agree that Covered Entity shall have the right to terminate this Agreement or seek other remedies if Business Associate violates a material term of this Agreement. ______________________________________ ______________________ Signature of Authorized Representative Date