HomeMy WebLinkAboutCC AG PKT 2007-07-23 #J
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AGENDA REPORT
DATE:
July 23, 2007
TO:
Honorable Mayor and Members of the City Council
TIIRU:
David Carmany, City Manager
FROM:
June Yotsuya, Assistant City Manager
SUBJECT:
Approval of Agreement for Senior Nutrition and Supportive
Services
SUMMARY OF REQUEST:
City Council is requested to approve an agreement with Community SeniorServ, Inc.
(SeniorServ) to provide senior nutrition and supportive services to the senior population of Seal
Beach.
DISCUSSION:
As part of the funding program of the United States Administration on Aging and the State of
California Department on Aging, the County of Orange Department of Aging awards funding to
certain non-profit agencies to help in the area of senior nutrition and supportive services. Since
1987, the City has contracted with Senior Meal and Services, Inc. to administer the senior
nutrition program to its senior population.
Recently, the County of Orange Department of Aging awarded SeniorServ funding to provide
nutrition and supportive services for senior citizens in certain communities and organizations in
Orange County, including the City of Seal Beach. Therefore, the City will need to replace its
current agreement with a new contract with SeniorServ. The new agreement shall remain in full
effect until terminated by either party.
As in past agreements, Senior Serv will administer the Senior Nutrition Program located at the
North Seal Beach Community Center (NSBCC) located at 3333 St. Cloud Drive, Seal Beach. In
addition, they will continue to provide home meal delivery to Seal Beach homebound seniors
with the help of nutrition program volunteers. SeniorServ will provide an on-site manager who
will be responsible for quarterly in-service training sessions for volunteers and nutrition staff.
The site ,manager will also be responsible for coordinating case management services and in-
home services for seniors.
Agenda Item IT
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July 23, 2007
City Council Agenda Report-Agreement for Senior Nutrition Services
Page 2
The City's ongoing responsibilities include providing a nutrition site (NSBCC) and providing an
annual City contribution towards the Senior Nutrition Program.
FINANCIAL IMPACT:
Under this agreement, the City shall contribute $30,000 annually towards supporting the Senior
Nutrition Program. SeniorServe will provide quarterly reports to City on the number of meals
served to Seal Beach residents. This is an increase of $1,000.00 over the budget allocation in FY
2007-08 and FY 2008-09 for the program. Therefore, a budget amendment will be required to
cover the additional contribution amount. This amendment would decrease the General Fund's
undesignated fund balance for FY 2007-08 from $10,611,049.00 to $10,610,049.00 and for FY
2008-09 from $13,448,860.00 to $13,447,860.00.
RECOMMENDATION:
Staff recommends that City Council:
1. Approve Resolution Number _ Authorizing Budget Amendment Number 08-
01 for the Increase in Recreation Administration Intergovernmental Line Item.
2.
Approve Resolution Number Approving Agreement Between City of Seal
Beach and Community SeniorServ, Inc. for Senior Nutrition and Supportive
Services.
Submitted by:
Ounv~PI - /
JP{e Yotsuy: Assistan;City Manager
NOTED AND APPROVED:
c:>--
David C~y, Jity Manager
Attachment:
Agree~t with Community SeniorServ, Inc.
Resolution Authorizing Budget Amendment
Resolution Authorizing Approval
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AGREEMENT
SENIOR NUTRI110N AND SUPPORTIVE SERVICES
City of Seal Beach and Community SeniorServ, Inc.
THIS AGREEMENT is made and entered into this 1st day of July, 2007, by and between
Community SeniorServ, Inc" a nonprofit corporation, hereinafter designated as 'SeniorServ",
and City of Seal Beach, hereinafter designated as 'Contractor",
RECITALS
WHEREAS, the United States Congress, through the Administration on Aging of the Department
of Health and Human Services, and the State of California, the California Department of Aging
and the County of Orange through the Office on Aging, have awarded SeniorServ, pursuant to
Title III C (1) and III C (2) and C Title III B of the Older American's Act of 1955, as amended,
certain funds to help in the area of nutrition and supportive services for senior citizens.
WHEREAS, the SeniorServ Board of Directors has authorized the Executive Director and
President of the Board to enter into this Agreement on behalf of the Board.
WHEREAS, the purpose of this Agreement is to state the tenns and conditions under which
SeniorServ will provide nutrition services to Contractor for provision of the Senior Nutrition
Program located at 3333 St. Cloud Dr" Seal Beach and also provide meals to be delivered to
the home served in homes located within Seal Beach, which shall be delivered by volunteers,
lHE PARTIES MUTUALLY AGREE N3 FOLLOWS:
Terms of Aareement
The terms of this Agreement shall commence on July 1, 2007 and shall remain In full
effect until tenninatad by either party.
Contribution towards Senior Nutrition Proaram
Contractor agrees to contribute $30,000 annually towards supporting the senior nutrition
program. SeniorServ will provide quarterly reports to Contractor on the number of meals served
to Seal Beach residents,
Comeliance With Laws
Contractor shall comply with all Federal, State and Local laws, ordinances, regulations and
directives applicable to the performance of this Agreement. Contractor shall further keep and
maintain any and all licenses, permits, notices and certificates as required by law.
SeniorS,erv and Contractor shall be bound by terms and conditions contained in the Agreement
with the County of Orange Office on Aging, and in the event of any conflict between the
provisions of Title III, the latter prevails,
Page 1 of6
e TerminationIModification of Aareement
Both parties understand and agree that unforeseen circumstances can occur regarding all
matters covered by this Agreement such as, but not limited to, change of personnel or funding,
Therefore, each party reserves the unilateral right to determine when such unforeseen
circumstances have occurred and there upon each party shall have the right to terminate this
Agreement on 90 days written notice to the other party,
Either SeniorServ or Contractor may unilaterally terminate this Agreement for any major breach
upon thirty (30) days written notice to the other party provided that the alleged breach is not
corrected within that time, Said notice shall specifically state the alleged breach and the parties'
intention to terminate,
For the purpose of unilateral termination of this Agreement, a major breach by SeniorServ
and/or Contractor shall be any failure to perform as required under this Agreement. SeniorServ
may also terminate Agreement on thirty (30) days written notice in the event its funding
allocation decreases.
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This document fully expresses all understanding of the parties concerning all matters covered
and shall constitute the total Agreement. No addition to or alteration of the terms of this
Agreement shall be valid unless made in writing and formally adopted in the same manner as
this Agreement, unless otherwise authorized by SeniorServ and Contractor,
Any notice required to be given under this Agreement shall be by First Class mail addressed to
SeniorServ as follows:
Community SeniorServ, Inc.
Attention: Ms, Ret Wixted, Executive Director
1200 N. Knollwood Circle
Anaheim, CA 92801.
and to Contractor as follows:
Linda Devine, City Clerk
City Of Seal Beach
211 8th St.
Seal Beach,CA90740
Attorney's Fees and Cost
If any action of law or inequity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to recover from the losing party, reasonable attorney's fees,
cost, and necessary disbursements in addition to any relief to which such party may be entitled,
Indemnification
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Contractor shall indemnify and hold SeniorServ harmless from and against any and all liability,
loss, damage, claims, suits, costs and expenses including reasonable attorney's fees,
regardless of the merit or outcome of any such claim or suit, claimed or arising from any
negligent or wrongful act or omission of Contractor, its employees, agents or sub Contractors in
the performance of this Agreement.
Page 2 of 6
SeniorServ shall indemnify and hold Contractor harmless from and against any and all liability,
loss, damage, claims, suits, costs and expenses including reasonable attorney's fees,
regardless of the merit or outcome of any such claim or suit, claimed or arising from any
negligent or wrongful act or omission of SeniorServ, its employees, agents or sub-Contractors in
the performance of this Agreement.
Contractor agrees to obtain and keep in force during the terms of this Agreement a policy of
Commercial and General Liability Insurance insuring Contractor against any liability for accident,
injury or death arising out of the acts, or failure to act, of Contractor and for any and all claims of
liability arising out of the use, occupancy or administration of the premises housing Contractor
and all areas appurtenant thereto and vehicles used in the furtherance of this Agreement,
SeniorServ shall be named on said policy as an additional insured. Such insurance shall be in
the amount not less than $ 1,000,000 for any injury to, or death of, any person or persons in any
one accident or occurrence. Contractor shall absorb all costs and premium payments of said
Commercial General Liability Insurance,
SeniorServ agrees to obtain and keep in force during the term of this Agreement a policy of
Commercial General Liability Insurance insuring SeniorServ against any liability for accident,
injury or death arising out of the acts, or failure to act, of SeniorServ and for any and all claims
of liability arising out of the use, occupancy or administration of the premises housing
SeniorServ and all areas appurtenant thereto and vehicles used in the furtherance of this
Agreement, SeniorServ shall be named on said policy as an additionally insured, Such
insurance shall be in the amount not less than $ 1,000,000 for any injury to, or death of, any
person or persons in anyone accident or occurrence. SeniorServ shall absorb all costs and
e premium payments of said Commercial General liability Insurance,
Contractor shall, throughout the term of this Agreement, provide and maintain a policy of
Worker's Compensation Insurance covering all its employees, at Contractor expense,
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SeniorServ shall, throughout the term of this Agreement, provide and maintain a policy of
Worker's Compensation Insurance covering all SeniorServ employees, at SeniorServ's
expense,
Limitation of Liabilitv
The liability of SeniorServ is expressly limited to the maximum amount of insurance coverage.
In no event shall SeniorServ be liable for consequential damages of any kind.
Staff at Nutrition Site
SeniorServ agrees to provide staff, hereinafter designated as the Site Manager, to coordinate
the Nutrition Program at the lunch site. The Site Manager shall attend all staff meetings, in-
service training sessions, and follow directions of the Executive Director or his/her designee to
ensure that all applicable Federal regulations and guidelines under Title 11\ of the Older
Americans Act and the County of Orange Office on Aging are in compliance, The Site Manager
must obtain ServeSafe Certification, which will be coordinated by SeniorServ. SeniorServ
agrees to provide supervisory personnel who will be available during hours of operation to
report to and confer with the Site Manager, It is understood and agreed by all parties hereto,
that in the event SeniorServ terminates its participation at the end of the term of Agreement, or
the Project is not renewed for another year, all Title 11\ funded Project employees shall be
terminated.
Page 3 of6
. Comoensation of Staff
SeniorServ agrees to pay salary, taxes, and all other expenses relating to SeniorServ
employees, Contractor agrees to pay salary, taxes, and all other expenses relating to persons
Contractor employs,
Contractor and SeniorServ shall not discriminate against any individual with respect to his/her
compensation, tenns, conditions, or privileges of employment, or discriminate in any way which
would unlawfully deprive, or tend to deprive, any individual of employment opportunities, or
otherwise unlawfully adversely effect hisJher status as an employee, because of such
individual's race, color, religion, sex, marital status, ancestry, national origin, physical handicap,
mental disability, medical condition, or age, Contractor and SeniorServ shall encourage or
solicit employment applications from senior citizens,
Affinnative Action shall be taken to ensure that all applicants and employees are treated without
regard to their race, religion, color, sex, national origin, age, or physical or mental handicap.
The areas in which Affinnatlve Actions shall be taken include, but are not limited to, the
following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
tennination, rate of payor other forms of compensation, and selection for training, including
apprenticeship.
Volunteer ParticiDation
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To the maximum extent feasible, SeniorServ and Contractor shall provide opportunities for
voluntary participation of individuals in all aspects of project operatiDns. Volunteer opportunities
will be available to persons of all ages, Contractor's insurance will include coverage for
volunteers.
Confidentialitv
Contractor and SeniorServ shall protect from unauthorized disclosure names and other
identifying infonnation conceming persons receiving services pursuant to this Agreement, and
infonnation about, or obtained from said persons, except for statistical infonnation not identifying
any client.
Contractor and SeniorServ shall not use such information for any purpose other than carrying
out the obligations under this Agreement.
Non-Discrimination
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Contractor and SeniorServ shall comply with State and Federal laws, rules and regulations
regarding nondiscrimination. Services, benefits and facilities shall be provided to clients without
regard to their ethnic group identification, age, race, color, religion, national origin, sex, physical
or mental handicap, except to the extent services under this Agreement are required to be
rendered to persons on the basis of these criteria. All persons age 60 and older will be eligible
to receive a meal and be given the opportunity to make an anonymous donation. No qualifying
senior will be refused service due to the inability or unwillingness to donate,
Contractor and SeniorServ shall comply with Sections 503 and 504 of the Rehabilitation Act of
1973, as amended (29 U,S,C., Section 794), all requirements imposed by the applicable
Federal regulations (45 CFR, Part 84), and all guidelines and interpretations issued pursuant
thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be
Page 4 of6
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excluded from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity of this Agreement, and that Affinnative Action shall
be taken in regard to employment of the disabled.
Contractor and SeniorServ perfonning under this Agreement shall comply with Title VI of the
Civil Rights Act of 1964, as now in existence or hereafter amended or changed and with all
requirements imposed pursuant to the Regulation of the Department of Health and Human
Services (45 CFR Part SO), issued pursuant to that Title, to the end that, in accordance with Title
VI of the Act and the Regulation, no person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or
otherwise subjected to discrimination under any program or activity funded pursuant to this
Agreement,
Contractor and SeniorServ shall comply with Title VII of the Civil Rights Act of 1964, as
amended by the Equal Opportunity Act of March 24, 1972 (Public Law No, 2292-961), and with
the Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive
Order 11375, and as supplemented by Department of Labor Regulations.
Contractor and SeniorServ shall further comply with all applicable requirements set forth in the
Voluntary Compliance Agreement between the Office of Civil Rights and County of Orange
Office on Aging, dated February 1, 1986.
Contractor and SeniorServ shall comply with the provisions of the Fair Employment and
Housing Act (California Government Code, Section 12900 et seq,), the regulations promulgated
thereunder (California Administrative Code, Title 2, Section 7285,0, et seq,), the provisions of
Article 9,5, Chapter 1, Part 1, Division 3, Title 2 of the California Government Code (California
Government Code Sections 11135-11139.5), and the regulations or standards adopted or
utilized by the California Department of Aging to implement such Article,
Authoritv to Enter ProDertv
Contractor hereby authorizes properly accredited representatives of SeniorServ to have access
to the nutrition site appearing herein, during the hours of nutrition site operation or at anytime
whenever necessary to fulfill the duties of SeniorServ,
Provision of Services bv SeniorServ
Under tenns of this Agreement, SeniorServ shall provide:
(a) Congregate Lunches containing at least one third ofthe recommended dietary
allowance five (5) days per week,
(b) Home Delivered Meals, consisting of breakfast, lunch, and dinner, will be
provided five days per week. These Meals contain one hundred percent of the
recommended dietary allowance and will be packaged for home delivery. Meals
will be delivered fIVe (5) days per week.
(c)
(d)
Quarterly In-service training sessions for volunteers and Nutrition Program staff,
Case Management services based on case worker's recommendations and client
need.
Page 5 of6
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(e)
In-Home Services, as necessary based on case manager's recommendations
and client need,
Provision of Services bv Contractor - Conareaate Meals
Under the terms of this Agreement, Contractor shall provide:
(a) One nutrition site where meals are served, available three (3) hours each day
(10:00 a,m, - 1 :00 p,m.), that is clean, neat, has adequate lighting and ventilation
and meets all applicable health, fire, safety, and sanitation regulations,
(b) Support for SeniorServ fund raisers,
The parties have executed this agreement as of the date of signing and can only be modified by
written agreement.
City of Seal Beach
Community SenlorServ, Inc.
#~L
ecutlve DIrector
~0?
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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e COMMUNITY SENIORSERV, INC
CITY OF SEAL BEACH
NUTRITION SERVICES 2007 - 2008 CITY OF SEAL BEACH
CONGREGATE HOME TOTAL
7/1212007 MEALS MEALS PROGRAM
Budgeted Meals Served 07-D8 14,264 42,247 56,511
Percentage of Total Meals Served 0,041 0,053 0,049
DIRECT COSTS:
Direct Site Staff $ 21,777 $ . 11,822 $ 33,599
Food Costs 26,388 53,654 80,042
Program Supplies 6,564 12,674 19,238
TOTAL DIRECT COSTS 54,729 78,150 132,879
INDIRECT COSTS:
Salaries 30,617 52,289 82,906
Benefits 7,219 12,379 19,598
In-Kind 4,776 9,074 13,850
Travel 328 1,267 1,595
Consultants 676 1,215 1,890
Audit 123 211 334
Rent 3,154 3,802 6,956
Utilities 1,229 2,112 3,341
e Insurance 1,311 2,112 3,423
Office Expenses 1,229 1,162 2,391
Vehicle Expenses 1,638 2,693 4,332
RepairsIMaintenance 1,597 4,119 5,716
Telephone 942 634 1,576
Other Misc 758 787 1,545
55,596 93,857 149,453
TOTAL COSTS 110,325 172,007 282,332
FUNDS PROVIDED:
Federal Grant 43.458 83,006 126.464
NSIP 9,917 26,456 36,373
Senior Donations 25,361 26,391 51,752
City Funding 15,000 15,000 30,000
Other Funding 10,562 10,562
In-Kind 4,776 9,074 13,850
98,512 170,489 269,001
Excess(Shortfall) (11,813) (1,518) (13,331)
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U:\Finance\BudgetsIBudget08\Seal Beach 2007-2008
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RESOLUTION NUMBER_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, AUTHORIZING A BUDGET
AMENDMENT, NO, 08-01 FOR THE INCREASE IN
RECREATION ADMINISTRATION INTERGOVERNMENTAL
LINE ITEM
WHEREAS, the fiscal year 20071loo8 AND 200&109 budget requiIes budptary
amendments os outlined bolow:
TIlE CITY COUNCIL OF 'IHE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Tho budget for salarios and benefits is hereby increased os follows:
REVISED!
ADOPTED PROPOSED BUDGET (diff)
DESCRIPTION ACCOUNT BUDGET BUDGET AMENDMENT
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Intergovonunental 001-070-45000 $37,000 $38,000 $1,000
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Intergovonunental 001-070-45000 $37,000 $38,000 $1,000
PASSED, APPROVED AND ADOPTED BY TIlE City Council of SoaI Beach, at a
mooting horeofhold on the 23rd day of Julv .2007 by tho following vote:
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AYES:
COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMBMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATI'EST:
City Clm
STATE OF CAUFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devino, City Clm for the City of SoaI Beach, California, do hereby cortil)l thai
the foregoing resolutions is tho original copy ofRosolution Numbor_ on filo in tho
office of the City Clerk, passed, approved and adopted by the City Council of the City of
SoaI Beach at a regular mooting horeofhold on tho 23rd day of Julv ,2007,
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City Clork
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RESOLUTION NUMBER_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING THE AGREEMENT BETWEEN THE
CITY OF SEAL BEACH AND COMMUNITY SENIORSERV, INC.
FOR SENIOR NUTRITION AND SUPPORTIVE SERVICES
The City Councd of the City of Seal Beach hereby ",solves IS follows:
SECTION 1. The City Council hereby approve. the Agn:ement between the City and
SeniorServ. Inc. for senior nutrition and supportive services.
SECTION 2. The City Manager or hi. des1gnated "'PrellCI\tative shall execute the
Agreement on behalf of the City,
SECTION 3, The City C1erl< .hall CCt1ify to the paasage and adoption of this resolubon,
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 23rd day of Julv .2007 by the following vote:
AYES: COUNClLMEMBERS
NOES: COUNCILMBMBERS
ABSENT: COUNCILMBMBERS
ABSTAIN: COUNClLMEMBERS
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Mayor
A ITEST:
City Clerk
STATEOFCALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregomg resolutions is the onginal copy of Resoluuon Number_ on file 10 the
office of the Ctty Clerk, plS.ed, approved and adopted by the City Councd of the City of
Seal Beach at a "'gular meetmg hereof held on the 23rd day of Julv ,2007,
CityCIerl<
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