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HomeMy WebLinkAboutAGMT - Community SeniorServ, Inc. IP AGREEMENT SENIOR NUTRITION 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 SeniorSery 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 terms and conditions under which SeniorSery 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. THE PARTIES MUTUALLY AGREE AS FOLLOWS: Terms of Agreement The terms of this Agreement shall commence on July 1, 2007 and shall remain in full effect until terminated by either party. Contribution towards Senior Nutrition Program Contractor agrees to contribute $30,000 annually towards supporting the senior nutrition program. SeniorSery will provide quarterly reports to Contractor on the number of meals served to Seal Beach residents. Compliance 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. SeniorSery 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 of 6 • • Termination /Modification of Agreement 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 SeniorSery 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 SeniorSery and /or Contractor shall be any failure to perform as required under this Agreement. SeniorSery may also terminate Agreement on thirty (30) days written notice in the event its funding allocation decreases. 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 SeniorSery and Contractor. Any notice required to be given under this Agreement shall be by First Class mail addressed to SeniorSery 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 8 St. Seal Beach, CA 90740 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 Contractor shall indemnify and hold SeniorSery 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 • • SeniorSery 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. SeniorSery 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. • SeniorSery agrees to obtain and keep in force during the term of this Agreement a policy of Commercial General Liability Insurance insuring SeniorSery against any liability for accident, injury or death arising out of the acts, or failure to act, of SeniorSery and for any and all claims of liability arising out of the use, occupancy or administration of the premises housing SeniorSery and all areas appurtenant thereto and vehicles used in the furtherance of this Agreement. SeniorSery 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 any one accident or occurrence. SeniorSery shall absorb all costs and 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. SeniorSery shall, throughout the term of this Agreement, provide and maintain a policy of Worker's Compensation Insurance covering all SeniorSery employees, at SeniorServ's expense. Limitation of Liability The liability of SeniorSery is expressly limited to the maximum amount of insurance coverage. In no event shall SeniorSery be liable for consequential damages of any kind. Staff at Nutrition Site SeniorSery 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 III 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. SeniorSery 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 SeniorSery terminates its participation at the end of the term of Agreement, or the Project is not renewed for another year, all Title III funded Project employees shall be terminated. Page 3 of 6 Compensation of Staff SeniorSery agrees to pay salary, taxes, and all other expenses relating to SeniorSery employees. Contractor agrees to pay salary, taxes, and all other expenses relating to persons Contractor employs. Contractor and SeniorSery shall not discriminate against any individual with respect to his /her compensation, terms, 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 his /her 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 SeniorSery shall encourage or solicit employment applications from senior citizens. Affirmative 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 Affirmative Actions shall be taken include, but are not limited to, the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Volunteer Participation To the maximum extent feasible, SeniorSery and Contractor shall provide opportunities for voluntary participation of individuals in all aspects of project operations. Volunteer opportunities will be available to persons of all ages. Contractor's insurance will include coverage for volunteers. Confidentiality Contractor and SeniorSery shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, and information about, or obtained from said persons, except for statistical information not identifying any client. Contractor and SeniorSery shall not use such information for any purpose other than carrying out the obligations under this Agreement. Non- Discrimination Contractor and SeniorSery 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 SeniorSery 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 of 6 • • 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 Affirmative Action shall be taken in regard to employment of the disabled. Contractor and SeniorSery performing 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 80), 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 SeniorSery 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 SeniorSery 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 SeniorSery 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. Authority to Enter Property Contractor hereby authorizes properly accredited representatives of SeniorSery 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 by SeniorSery Under terms of this Agreement, SeniorSery shall provide: (a) Congregate Lunches containing at least one third of the 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) Quarterly In- service training sessions for volunteers and Nutrition Program staff. (d) Case Management services based on case worker's recommendations and client need. Page 5 of 6 • • (e) In -Home Services, as necessary based on case manager's recommendations and client need. Provision of Services by Contractor — Congregate 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 SeniorSery fundraisers. 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 SeniorServ, Inc. ea":5--, 7/./ZA7 City Manager ecutive Director ATTEST: 4 ,471/a4 , ty lerk APPROVED AS TO FORM: City Attorney Page 6 of 6 • • COMMUNITY SENIORSERV, INC CITY OF SEAL BEACH NUTRITION SERVICES 2007 - 2008 CITY OF SEAL BEACH CONGREGATE HOME TOTAL 7/12/2007 MEALS MEALS PROGRAM Budgeted Meals Served 07 -08 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 Insurance 1,311 2,112 3,423 Office Expenses 1,229 1,162 2,391 Vehicle Expenses 1,638 2,693 4,332 Repairs \Maintenance 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) U: \Finance \Budgets \Budget08 \Seal Beach 2007 -2008 i !'\ : 1 AGREEMENT 2 (Senior Services Programs) 3 THIS AGREEMENT is made and entered into this 1st day of July , 2003 , 4 by and between Senior Meals and Services, Inc., a nonprofit corporation, 5 hereinafter designated as "SMS ", and City of Seal Beach , hereinafter 6 designated as "CONTRACTOR ". 7 RECITALS 8 WHEREAS, the United States Congress, through the Administration on Aging of 9 the Department of Health and Human Services, and the State of California, through 10 the California Department of Aging and the County of Orange through the Office on 11 Aging, have awarded SMS, pursuant to Title III C(1), Title III C(2), and Title III 12 B of the Older American's Act of 1965, as amended, certain funds to help in the 13 area of nutrition and supportive services for senior citizens. 14 WHEREAS, SMS has filed an application with the County of Orange Office on 15 Aging, requesting funds under the program outlined in Paragraph 1 above, for the 16 purpose of providing nutrition and supportive services for certain communities and 17 organizations in Orange County. These communities are Costa Mesa, Garden Grove, 18 Cypress, La Palma, Los Alamitos, Rossmoor, Seal Beach, Westminster, Midway City 19 and Stanton. 20 WHEREAS, the SMS Board of Directors has authorized the Executive Director 21 and President of the Board to enter into this Agreement on behalf of the Board. 22 WHEREAS, the purpose of this Agreement is to state the terms and conditions 23 under which SMS will provide nutrition services to CONTRACTOR for 24 facilities located at 3333 St. Cloud Drive, Seal Beach , and also provide 25 meals to be served in homes located within Seal Beach which shall be 26 delivered by volunteers . Page 1 of 14 Contract - Seal Beach - 0304 1 AGREEMENT 2 // 3 THE PARTIES MUTUALLY AGREE AS FOLLOWS: 4 // 5 1. Terms of Agreement 6 The terms of this Agreement shall commence on the first day of July 2003 , 7 and shall continue in full force and effect for four years. This Agreement may be 8 renewed thereafter for an annual period. 9 // 10 2. Entirety of Agreement and Partial Invalidity 11 This Agreement constitutes the entire Agreement between the parties 12 regarding its subject matter. If any provision in this contract is held by any 13 court to be invalid, void, or unenforceable, the remaining provisions shall 14 nevertheless continue in full force. 15 // 16 3. Compliance With Laws 17 CONTRACTOR shall comply with all Federal, State and Local laws, ordinances, 18 regulations and directives applicable to the performance of this Agreement. 19 CONTRACTOR shall further keep and maintain in effect any and all licenses, 20 permits, notices and certificates as required by law. 21 SMS and CONTRACTOR shall be bound by terms and conditions contained in the 22 Agreement with the County of Orange Office on Aging, and in the event of any 23 conflict between the provisions of Title III, the latter prevails. 24 // 25 // Page 2 of 14 Contract - Seal Beach - 0304 410 411 1 4. Termination /Modification of Agreement 2 Both parties understand and agree that unforeseen circumstances can occur 3 regarding all matters covered by this Agreement such as, but not limited to, 4 change of personnel or funding. Therefore, each party reserves the unilateral 5 right to determine when such unforeseen circumstances have occurred and thereupon 6 each party shall have the right to terminate this Agreement on 90 days written 7 notice to the other party. 8 Either SMS or CONTRACTOR may unilaterally terminate this Agreement for any 9 major breach upon thirty (30) days written notice to the other party provided that 10 the alleged breach is not corrected within that time. Said notice shall 11 specifically state the alleged breach and the parties' intention to terminate. 12 For the purpose of unilateral termination of this Agreement, a major breach by SMS 13 and /or CONTRACTOR shall be any failure to perform as required under this 14 Agreement. SMS may also terminate Agreement on thirty (30) days written notice in 15 the event its funding allocation decreases. 16 This document fully expresses all understanding of the parties concerning 17 all matters covered and shall constitute the total Agreement. No addition to or 18 alteration of the terms of this Agreement shall be valid unless made in writing 19 and formally adopted in the same manner as this Agreement, unless otherwise 20 authorized by SMS and CONTRACTOR. 21 // 22 // 23 // 24 // 25 // Page 3 of 14 Contract - Seal Beach - 0304 i 1 Any notice required to be given under this Agreement shall be by First Class 2 Mail addressed to SMS as follows: 3 // 4 SENIOR MEALS AND SERVICES, INC. 5 Attention: Loredana Biro, Executive Director 6 12656 Hoover Street 7 Garden Grove, CA 92841 8 // 9 and to CONTRACTOR as follows: 10 // 11 CITY OF SEAL BEACH 12 Attention: Kathleen McGlynn, Recreation Director 13 211 Eighth Street 14 Seal Beach, CA 90740 15 // 16 5. Attorney's Fees and Costs 17 If any action of law or inequity is necessary to enforce or interpret the 18 terms of this Agreement, the prevailing party shall be entitled to recover from 19 the losing party, reasonable attorney's fees, cost, and necessary disbursements in 20 addition to any relief to which such party may be entitled. 21 // 22 6. Indemnification 23 CONTRACTOR shall indemnify and hold SMS harmless from and against any and 24 all liability, loss, damage, claims, suits, costs and expenses including 25 reasonable attorney's fees, regardless of the merit or outcome of any such claim or Page 4 of 14 Contract - Seal Beach - 0304 1 suit, claimed or arising from any negligent or wrongful act or omission of 2 CONTRACTOR, its officers, employees, agent or subcontractors in the performance of 3 this Agreement. 4 SMS shall indemnify and hold CONTRACTOR harmless from and against any and 5 all liability, loss, damage, claims, suits, costs and expenses including 6 reasonable attorney's fees, regardless of the merit or outcome of any such claim or 7 suit, claimed or arising from any negligent or wrongful act or omission of SMS, 8 its officers, employees, agent or subcontractors in the performance of this 9 Agreement. 10 CONTRACTOR agrees to obtain and keep in force during the terms of this 11 Agreement a policy of Commercial and General Liability Insurance insuring 12 CONTRACTOR against any liability for accident, injury or death arising out of the 13 acts, or failure to act, of CONTRACTOR and for any and all claims of liability 14 arising out of the use, occupancy or administration of the premises housing 15 CONTRACTOR and all areas appurtenant thereto and vehicles used in the furtherance 16 of this Agreement. SMS shall be named on said policy as an additional insured. 17 Such insurance shall be in the amount not less than $ 1,000,000 for any injury to, 18 or death of, any person or persons in any one accident or occurrence. CONTRACTOR 19 shall absorb all costs and premium payments of said Commercial General Liability 20 Insurance. 21 SMS agrees to obtain and keep in force during the term of this Agreement a 22 policy of Commercial General Liability Insurance insuring SMS against any 23 liability for accident, injury or death arising out of the acts, or failure to 24 act, of SMS and for any and all claims of liability arising out of the use, 25 occupancy or administration of the premises housing SMS and all areas appurtenant Page 5 of 14 Contract - Seal Beach - 0304 • • • 1 thereto and vehicles used in the furtherance of this Agreement. CONTRACTOR shall 2 be named on said policy as an additional insured. Such insurance shall be in the 3 amount not less than $ 1,000,000 for any injury to, or death of, any person or 4 persons in any one accident or occurrence. SMS shall absorb all costs and premium 5 payments of said Commercial General Liability Insurance. 6 CONTRACTOR shall, throughout the term of this Agreement, provide and 7 maintain a policy of Worker's Compensation Insurance covering all its employees, 8 at CONTRACTOR'S expense. 9 SMS shall, throughout the term of this Agreement, provide and maintain a 10 policy of Worker's Compensation Insurance covering all SMS employees, at Senior 11 Meals and Services expense. 12 // 13 7. Limitation on Liability 14 The liability of SMS is expressly limited to the maximum amount of insurance 15 coverage. In no event shall SMS be liable for consequential damages of any kind. 16 // 17 8. Administration of Project 18 SMS agrees to provide the administration of the Project, which includes 19 responsibility for the development of the operational and capital budgets. The 20 SMS Executive Director shall be responsible for developing an operational and 21 capital budget for submission to the County of Orange Office on Aging each grant 22 year. 23 Contractor shall advise SMS, by March 30 of each year, the estimated annual 24 amount of CONTRACTOR funding contribution. CONTRACTOR shall submit funding 25 contribution to SMS no later than thiry (30) days prior to July 1" of each year. Page 6 of 14 Contract - Seal Beach - 0304 • 1 9. Retention of Records 2 CONTRACTOR shall permit SMS, State, Federal and County Government 3 administration to examine all books and records prepared, compiled, or kept during 4 the period of this or similar contracts for this or similar Title III Projects. 5 All records shall be maintained for a period not less than five (5) years with the 6 following qualifications: 7 (a) Records shall be retained beyond the five (5) year period if single 8 independent audit findings have not been resolved; 9 (b) Records for non - expendable property ($300 or more), which was acquired 10 with Federal funds, shall be retained for five (5) years after its final 11 disposition; 12 (c) The retention period starts from the date of submissions to the final 13 Report for the budget year; 14 (d) Original documents, such as invoices, checks, time records, and 15 payrolls in support of direct costs, shall be retained in the Project 16 files or in the recipient of awards' regular files, provided the 17 recipient of awards' accounting records contain adequate references for 18 identifying and locating the original documents. Microfilm documents may 19 be submitted for original records. 20 // 21 10. Staff at Nutrition Sites 22 CONTRACTOR agrees to provide staff, hereinafter designated as the SITE 23 MANAGER, to coordinate the Nutrition Program at the nutrition site. 24 The SITE MANAGER shall attend all staff meetings, in- service training 25 sessions, and follow directions of the Executive Director or his /her designee to Page 7 of 14 Contract - Seal Beach - 0304 • • 1 ensure that all applicable Federal regulations and guidelines under Title III of 2 the Older American's Act and the County of Orange Office on Aging are in 3 compliance. 4 SMS agrees to provide supervisory personnel who will be available during 5 hours of operation to report to and confer with the SITE MANAGER. 6 It is understood and agreed by all parties hereto, that in the event SMS 7 terminates its participation at the end of the term of Agreement, or the Project 8 is not renewed for another year, all Title III funded Project employees shall be 9 terminated. 10 // 11 11. Compensation of Staff 12 SMS agrees to pay salary, taxes, and all other expenses relating to SMS 13 employees. CONTRACTOR agrees to pay salary, taxes, and all other expenses 14 relating to persons CONTRACTOR employs. 15 CONTRACTOR and SMS shall not discriminate against any individual with 16 respect to his /her compensation, terms, conditions, or privileges of employment, 17 or discriminate in any way which would unlawfully deprive, or tend to deprive, any 18 individual of employment opportunities, or otherwise unlawfully adversely affect 19 his /her status as an employee, because of such individual's race, color, religion, 20 sex, marital status, ancestry, national origin, physical handicap, mental 21 disability, medical condition, or age. CONTRACTOR and SMS shall encourage or 22 solicit employment applications from senior citizens. 23 Affirmative Action shall be taken to ensure that all applicants and 24 employees are treated without regard to their race, religion, color, sex, national 25 origin, age, or physical or mental handicap. The areas in which Affirmative Page 8 of 14 Contract - Seal Beach - 0304 • • 1 Actions shall be taken include, but are not limited to, the following; employment, 2 upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or 3 termination, rate of pay or other forms of compensation, and selection for 4 training, including apprenticeship. 5 // 6 12. Volunteer Participation 7 To the maximum extent feasible, SMS and CONTRACTOR shall provide 8 opportunities for voluntary participation of individuals in all aspects of Project 9 operations. Volunteer opportunities will be available to persons of all ages. 10 CONTRACTOR'S insurance will include coverage for volunteers. 11 // 12 13. Confidentiality 13 CONTRACTOR and SMS shall protect from unauthorized disclosure names and 14 other identifying information concerning persons receiving services pursuant to 15 this Agreement, and information about, or obtained from said persons, except for 16 statistical information not identifying any client. 17 CONTRACTOR and SMS shall not use such information for any purpose other than 18 carrying out the obligations under this Agreement. 19 // 20 14. Nondiscrimination 21 CONTRACTOR and SMS shall comply with State and Federal laws, rules and 22 regulations regarding nondiscrimination. 23 Services, benefits and facilities shall be provided to clients without 24 regard to their ethnic group identification, age, race, color, religion, national 25 origin, sex, physical or mental handicap, except to the extent services under this Page 9 of 14 Contract - Seal Beach - 0304 • 1 Agreement are required to be rendered to persons on the basis of these criteria, 2 and no one will be refused service because of inability to pay for such services. 3 CONTRACTOR and SMS shall comply with Sections 503 and 504 of the 4 Rehabilitation Act of 1973, as amended (29 U.S.C., Section 794), all requirements 5 imposed by the applicable Federal regulations (45 CFR, Part 84), and all 6 guidelines and interpretations issued pursuant thereto, to the end that no 7 qualified handicapped person shall, on the basis of handicap, be excluded from 8 participation in, be denied the benefits of, or otherwise be subjected to 9 discrimination under any program or activity of this Agreement, and that 10 Affirmative Action shall be taken in regard to employment of the disabled. 11 CONTRACTOR and SMS performing under this Agreement shall comply with Title 12 VI of the Civil Rights Act of 1964, as now in existence or hereafter amended or 13 changed and with all requirements imposed pursuant to the Regulation of the 14 Department of Health and Human Services (45 CFR Part 80), issued pursuant to that 15 Title, to the end that, in accordance with Title VI of the Act and the Regulation, 16 no person in the United States shall, on the grounds of race, color, or national 17 origin, be excluded from participation in, be denied the benefits of, or otherwise 18 subjected to discrimination under any program or activity funded pursuant to this 19 Agreement. 20 CONTRACTOR and SMS shall comply with Title VII of the Civil Rights Act of 21 1964, as amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 22 92 -961), and with the Executive Order 11246, entitled "Equal Employment 23 Opportunity" as amended by Executive Order 11375, and as supplemented by 24 Department of Labor Regulations. 25 // Page 10 of 14 Contract - Seal Beach - 0304 • 1 CONTRACTOR and SMS shall further comply with all applicable requirements set 2 forth in the Voluntary Compliance Agreement between the Office for Civil Rights 3 and County of Orange Office on Aging, dated February 1, 1986. 4 CONTRACTOR and SMS shall comply with the provisions of the Fair Employment 5 and Housing Act (California Government Code, Section 12900 et seq.), the 6 regulations promulgated thereunder (California Administrative Code, Title 2, 7 Section 7285.0, et seq.), the provisions of Article 9.5, Chapter 1, Part 1, 8 Division 3, Title 2 of the California Government Code (California Government Code 9 Sections 11135 - 11139.5), and the regulations or standards adopted or utilized by 10 the California Department of Aging to implement such Article. 11 // 12 15. Authority to Enter Property 13 CONTRACTOR hereby authorizes properly accredited representatives of SENIOR 14 MEALS AND SERVICES to have access to the nutrition site appearing herein, during 15 the hours of nutrition site operation or at anytime whenever necessary to fulfill 16 the duties of SMS. 17 // 18 16. Provision of Services by Senior Meals and Services, Inc. 19 Under terms of this Agreement, SMS shall provide: 20 (a) Congregate Meals. Hot lunches containing at least one third of the 21 recommended dietary allowance up to 80 Meals per day, to be served 22 at the nutrition site appearing herein. Meals will be delivered 5 23 days per week between the hours of 10:30 A.M. and noon. Allocation of 24 meals provided shall be subject to funding coming to SMS through Title 25 III of the Older Americans Act. Page 11 of 14 Contract - Seal Beach - 0304 • 1 (b) Home Delivered Meals. Up to 255 Meals per day containing at 2 least one third of the recommended dietary allowance to be packaged as 3 home delivery. Meals will be delivered 5 Days per week 4 between the hours of 10:30 A.M. and noon. Allocation of meals 5 provided shall be subjected to funding coming to SMS through Title III 6 of the Older Americans Act. 7 (c) Annual Number of Meals provided shall not exceed 82,200 . 8 (d) Nutrition Education Services. 9 (e) Quarterly In- Service training sessions for volunteers and Nutrition 10 Program staff. 11 (f) Supervision of SMS staff members. 12 (g) Technical support to nutrition site staff. 13 (h) Case Management services as necessary based on participant requests 14 for services. 15 (i) Program casework functions as necessary based on participant requests 16 for services. 17 (j) In -Home Services, as necessary based on participant's need of service 18 as requested by SMS Case Manager. 19 // 20 17. Provision of Services by Contractor 21 Under the terms of this Agreement, CONTRACTOR shall provide: 22 (a) One nutrition site where meals are served, available three (3) hours 23 each day (10:00 a.m. - 1:00 that is clean, neat, has adequate 24 lighting and ventilation and meets all applicable health, fire, 25 safety, and sanitation regulations. Page 12 of 14 Contract - Seal Beach - 0304 1 (b) Site Manager to coordinate the Nutrition Program at the nutrition 2 site. Staff will participate at monthly Site Manager Meetings, and 3 Quarterly In- Service Training Sessions, as mandated by the California 4 Department on Aging (CDA Manual- Appendix A). 5 (c) A Nutrition Program which conforms with guidelines set forth in the 6 CDA Manual. 7 (d) Recruitment and training of Home Delivered Meals Volunteers. 8 (e) Collection of meal donations (as stated in CDA Manual Appendix A, page 9 250, No. 7), for pickup by SMS driver. 10 (f) Provide a notification to SMS requesting the daily number of meals 11 required. This notification must be received by 1:00 P.M., no later 12 than two (2) days (based on scheduled working day) prior to the 13 scheduled delivery of the meals. 14 (g) Representation by senior participants at Project Council. 15 (h) Support for SMS fundraisers. 16 (i) Accurate records of services, delivered to SMS in a timely manner as 17 specified in Appendix B, Reporting of Nutrition Services. 18 (j) The coordination of Home Delivered Meal route books including routing 19 and updating routes. 20 (k) Mileage reimbursement for Home Delivered Meal Volunteers. 21 (1) Recruitment and training of Site Volunteers. 22 // 23 // 24 // 25 // Page 13 of 14 Contract - Seal Beach - 0304 1 The parties hereto have executed the Agreement the day and year first 2 appearing herein. 3 // 4 // 5 CITY OF SEAL BEACH SENIOR MEALS AND SERVICES, INC. . 6 04) .� ' /�.. -Q 7 8 Mayor 9 10 Dated • � �,. // , Dated: 6Z- 8 (7Z00 11 // 12 // 13 ATTEST: 14 15 16 City Clerk 17 18 Dated: �� /, 42- i. // " 19 // , 20 // 21 APPROVED AS TO FORM: 22 23 24 City Attorney 25 // Page 14 of 14 Contract - Seal Beach - 0304 CV/ tc 1 AGREEMENT 2 THE PARTIES MUTUALLY AGREE AS FOLLOWS: 3 1. Terms of Agreement 4 The terms of this Agreement shall commence on the first day of July, 1998, and shall continue in 5 full force and effect for four years. This Agreement shall be renewed thereafter for an annual period. 6 2. Entirety of Agreement and Partial Invalidity 7 This Agreement constitutes the entire Agreement between the parties regarding its subject matter. 8 If any provision in this contract is held by any court to be invalid, void, or unenforceable, the remaining 9 provisions shall nevertheless continue in full force. 10 3. Compliance With Laws 11 CONTRACTOR shall comply with all Federal, State and Local laws, ordinances, regulations and 12 directives applicable to the performance of this Agreement. CONTRACTOR shall further keep and 13 maintain in effect any and all licenses, permits, notices and certificates as required by law. 14 SMS and CONTRACTOR shall be bound by terms and conditions contained in the Agreement with 15 the County of Orange, Area Agency on Aging, and in the event of any conflict between the provisions of 16 Title III, the latter prevails. 17 4. Termination/Modification of Agreement 18 Both parties understand and agree that unforseen circumstances can occur regarding all matters 19 covered by this Agreement such as, but not limited to, change of personnel or funding. Therefore, each 20 party reserves the unilateral right to determine when such unforseen circumstances have occurred and 21 thereupon each party shall have the right to terminate this Agreement on 90 days written notice to the 22 other party. 23 24 1 • • 1 15. Authority to Enter Property 2 CONTRACTOR hereby authorizes properly accredited representatives of SENIOR MEALS AND 3 SERVICES to have access to the above- mentioned facility during the hours of nutrition site operation or at 4 anytime whenever necessary to fulfill the duties of SMS. 5 16. Provision of Services by Senior Meals and Services 6 Under terms of this Agreement, SENIOR MEALS AND SERVICES shall provide: 7 (a) Hot lunches containing at least one third of the recommended dietary allowance up to 8 100 Meals per day , to be served at the nutrition site appearing herein. Meals will 9 be delivered 5 days per week between the hours of 10:30 A.M. and noon. 10 Allocation of meals provided shall be subject to funding coming to SMS through Title III of 11 the Older Americans Act. 12 (aa) Up to 170 Meals per day containing at least one third of the recommended dietary 13 allowance to be packaged as home delivery. Meals will be delivered 5 Days per 14 week between the hours of 10:30 A.M. and noon. Allocation of meals provided shall be 15 subjected to funding coming to SMS through Title III of the Older Americans Act. 16 (b) Nutrition Education Services. 17 (c) Quarterly In- Service training sessions for volunteers and Nutrition Program staff. 18 (d) Supervision of SENIOR MEALS AND SERVICES staff members. 19 (e) Technical support to nutrition site staff. 20 (f) Case Management services as necessary based on participant requests for services. 21 (g) Program casework functions as necessary based on participant requests for services. 22 (h) In -Home Services. 23 24 25 Jun-04-98 03:58P Dee Dee Allen (714) 897 -0287 P.05 . • 1 17. Provision of Services by Contractor 2 Under the term of this Agreement, CONTRACTOR shall provide 3 4 (a) One nutrition site where meals are served, available three (3) hours each day, that is dean, 5 ncat, has adequate lighting and ventilation and meets all applicable health, fire safety, and 6 sanitation regulations. 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i • . • 1 The parties hereto have executed the Agreement the day and year first appearing herein. 2 3 4 5 6 SENIOR MEALS AND SERVICES, INC. 7 8 /4&- 9 10 11 ATTEST: CITY OF S AL BEACH 12 1 13 01 y C er KEI TILL, C T • '� 14 15 APPROVED AS TO FORM: 16 17 18 19 Senior Meals and Services, Inc. • 12656 Hoover Street Garden Grove, CA 92841 APPENDIX B REPORTING OF NUTRITION SERVICES ITEMS SUBMITTAL CYCLE CASH RECEIPTS AND DONATIONS The working day following collection. PARTICIPANT MEAL EVALUATION The working day following collection. C -1 NUTRITION WEEKLY REPORT Third working day following the end of the weekly reporting period. WEEKLY MENU EVALUATION Third working day following the end of the weekly reporting period. INVENTORY ORDER FROM Weekly on the day designated by the Food Service Manager. HOME DELIVERED MEALS The working day following collection. DONATION ENVELOPES NAPIS CLIENT INTAKE FORMS Third working day following the end of the (MONTHLY REPORT) month. HOME DELIVERED MEALS Third working day following the end of the ORDER SHEET month. HOME DELIVERED MEALS Third working day following the end of the TEMPERATURE CHART month. HOME DELIVERED MEALS Third working day following the end of the VOLUNTEER SIGN -IN month. OFFICE SUPPLY ORDER FORM Turn into office on Thursday, supplies sent the following Tuesday. Revised: 04/98 AGREEMENT Ilk 1 (Senior Services Programs) 2 3 THI' AGREEMENT is made and entered into this �� day 4 .f , 1993, by and between Senior Meals and Services, / P 5 Inc., a non!' ofit corporation, hereinafter designated as "SMS ", and 6 THE CITY OF SEAL BEACH , hereinafter designated as "CONTRACTOR ". 7 RECITALS 8 WHEREAS, the United States Congress, through the Administration on 9 ;ling of the Department of Health and Human Services, and the State of i 10 alifornia, through the California Department of Aging, the County of 11 Orange through the Area Agency on Aging, have awarded Senior Meals and 12 !Services, Inc., pursuant to Title III C(1), C(2), and IIIB of the Older 1 13 'American's Act of 1965, as amended, certain funds to help in the area of 14 !nutrition and supportive services for senior citizens. 15 ! WHEREAS, SMS has filed an application with the County of Orange, Area 16 Agency on Aging, requesting funds under the program outlined in Paragraph 1 1 17 .above, for the purpose of providing nutrition and supportive services for 18 !certain communities and organizations in Orange County. One of these 19 !communities is Seal Beach 20 WHEREAS, the purpose of this Agreement is to state the terms and 21 (conditions under which SMS will provide nutrition services to 1 22 !Seal Beach Community Center for facilities located at 3333 St. 23 !Cloud Dr., Seal Beach and St. Anne's Catholic Church 24 located at 340 Tenth St., Seal Beach and also to provide 25 nutrition services (see #14) to be served in homes within Seal Beach 26 ,which shall be delivered by volunteers 1 27 28 -1- AGREEMENT • 1 THE PARTIES MUTUALLY AGREE AS FOLLOWS: 2 1. Terms of Agreement 3 The terms of this Agreement shall commence on the first day of 4 , and shall continue in full force and effect for four 5 years. This Agreement shall be renewed thereafter for an annual period. 6 2. Entirety of Agreement and Partial Invalidity 7 This Agreement constitutes the entire Agreement between the parties 8 regarding its subject matter. If any provision in this contract is held by 9 any court to be invalid, void, or unenforceable, the remaining provisions 10 .shall nevertheless continue in full force. 11 3. Compliance With Laws 12 BOTH PARTIES shall comply with all Federal, State and Local Laws, 13 ordinances, regulations and directives applicable to the performance of 14 this Agreement. BOTH PARTIES shall further keep and maintain in effect any 1 15 and all licenses, permits, notices and certificates as required by law. 16 BOTH PARTIES shall be bound by the terms and conditions contained in 17 the Agreement with the County of Orange, Area Agency on Aging, and in the 18 event any conflict between the provisions of this Agreement and the 19 provision of Title III, the latter prevails. 20 1 4. Termination /Modification of Agreement 21 BOTH PARTIES understand and agree that unforseen circumstances can 22 occur regarding all matters covered by this Agreement such as, but not 1 23 limited to, change of personnel or funding. Therefore, each party reserves 24 the unilateral right to determine when such unforseen circumstances have 25 occurred and thereupon each party shall have the right to terminate this 26 Agreement on 90 days written notice to the other party. 27 28 -2- 1 Either SMS or CONTRACTOR may unilaterally terminate this Agreement for 2 any major breach upon thirty (30) days written notice to the other party 3 provided that the alleged breach is not corrected within that time. Said 4 notice shall specifically state the alleged breach and the parties' 5 intention to terminate. For the purpose of unilateral termination of this '6 Agreement, a major breach by SMS and /or CONTRACTOR shall be any failure to 7 perform as required under this Agreement. 8 This document fully expresses all understanding of the parties 9 concerning all matters covered and shall constitute the total Agreement. 10 No addition to or alteration of the terms of this Agreement shall be valid 11 unless made in writing and formally adopted in the same manner as this 12 Agreement, unless otherwise authorized by SMS and CONTRACTOR. 13 Any notice required to be given under this Agreement shall be by First 14 Class Mail addressed to SMS as follows: Loredana Biro, Executive Director 15 ' SENIOR MEALS AND SERVICES, INC. 16 7245 Garden Grove Blvd., Suite D Garden Grove, CA. 92641 17 18 and to CONTRACTOR as follows: 19 Andy Seymour, Director Parks and Recreation Department 20 CITY OF SEAL BEACH 211 Eighth Street 21 Seal Beach, CA. 90740 22 23 5. Attorney's Fees and Costs 24 If any action of law or inequity is necessary to enforce or interpret 25 the terms of this Agreement, the prevailing party shall be entitled to 26 recover from the losing party reasonable attorney's fees and cost. 27 28 -3- 6. Indemnification • 1 SENIOR MEALS AND SERVICES, INC. shall indemnify and hold CONTRACTOR 2 harmless from and against any and all liability, loss, damage, claims, 3 suits, costs and expenses, including reasonable attorney's fees, regardless 4 of the merit or outcome of any such claim or suit, claimed or arising from 5 any negligent or wrongful act or omission of SMS, its officers, employees, 6 agent or subcontractors in the performance of this Agreement. 7 CONTRACTOR agrees to obtain and keep in force during the terms of this 8 Agreement a policy of Commercial General Liability Insurance insuring 9 CONTRACTOR against any liability for accident, injury or death arising out 10 of the acts, or failures to act, of CONTRACTOR and for any and all claims 11 of liability arising out of the use, occupancy or administration of the 12 premises housing CONTRACTOR and all areas appurtenant thereto and vehicles 13 used in the furtherance of this Agreement. SMS shall be named on said 14 policy as an additional insured. Such insurance shall be in the amount of 15 not less than $1,000,000 for any injury to, or death of, any person or 16 persons in any one accident or occurrence. CONTRACTOR shall absorb all 17 costs and premium payments of said Commercial General Liability Insurance. 18 SMS agrees to obtain and keep in force during the term of this Agreement a policy of Commercial General Liability Insurance insuring SMS 19 Lid (-2 2 0 against any liability for accident, injury or death arising out of the N1A 21 acts, or failures to act, of SMS and for any and all claims of liability 22 arising out of the use, occupancy or administration of the premises housing 23 SMS and all vehicles, equipment, and facilities used in the furtherance of 24 this Agreement. CONTRACTOR shall be named on said policy as an additional 25 insured. Such insurance shall be in the amount not less than $1,000,000 26 for any injury to, or death of, any person or persons in any one accident 27 or occurrence. SENIOR MEALS AND SERVICES, INC. shall absorb all costs and 28 premium payments of said Commercial General Liability Insurance. -4- 7. Administration of Project 1 SMS agrees to provide the administration of the Project, which 2 includes responsibility for development of operational and capital budgets. 3 SENIOR MEALS AND SERVICES Executive Director, shall be responsible for 4 developing an operational and capital budget for submission to the County 5 of Orange each grant year. CONTRACTOR shall be advised of the amount of A •6 its ( annual contribution no later than January 30 of each year.'' r 7 Contributions are to be collected thirty (30) days prior to July 1st of 8 each year. 9 8. Retention of Records 10 Each party shall permit the other party and State, Federal and County 11 Government Administration to examine all books and records prepared, 12 compiled, or kept during the period of this or similar contracts for this 13 or similar Title III Projects. All records shall be maintained for a 14 period of not less than five (5) years. 15 9. Staff at Nutrition Sites 16 CONTRACTOR agrees to provide staff, hereinafter designated as the SITE 17 MANAGER, to coordinate the Nutrition Program at the nutrition site. 18 The SITE MANAGER shall attend all staff meetings, in- service training 19 sessions, and follow directions of the Executive Director or his /her 20 designee to ensure that all applicable Federal regulations and guidelines 21 under Title III, Older American's Act and Area Agency on Aging are met. 22 SMS agrees to provide supervisory personnel who will be available 23 during hours of operation to report to and confer with the SITE MANAGER. 24 It is understood and agreed by all parties hereto, that in the event 25 SMS terminates its participation at the end of the term of Agreement, or 26 the Project is not renewed for another year, all Title III funded Project 27 employees will be terminated. 28 -5- 411 41! 1 10. Compensation of Staff 2 SMS agrees to pay salary, taxes, and all other expenses relating to 3 persons SMS employes. CONTRACTOR agrees to pay salary, taxes, and all 4 other expenses relating to persons CONTRACTOR employs. 5 CONTRACTOR shall, throughout the term of this Agreement, provide and 6 maintain a 'policy of Worker's Compensation Insurance covering all its 7 employees, at CONTRACTOR'S expense. 8 SMS shall, throughout the term of this Agreement, provide and maintain 9 a policy of Worker's Compensation Insurance covering all SMS employees, at 10 SENIOR MEALS AND SERVICES' expense. 11 CONTRACTOR and SENIOR MEALS AND SERVICES shall not discriminate 12 against any individual with respect to his /her compensation, terms, 13 conditions, or privileges of employment, or discriminate in any way which 14 would unlawfully deprive, or tend to deprive, any individual of employment 15 opportunities, or otherwise unlawfully adversely affect his /her status as 16 an employee, because of such individual's race, color, religion, sex, 17 marital status, ancestry, national origin, physical handicap, mental 1 8 disability, medical condition, or age. CONTRACTOR and SENIOR MEALS AND 19 SERVICES shall encourage or solicit employment applications from senior 20 citizens. 21 11. Volunteer Participation � 22 i To the maximum extent feasible, SENIOR MEALS AND SERVICES and 23 CONTRACTOR shall provide opportunities for voluntary participation of 24 individuals in all aspects of Project operations. Volunteer opportunities 25 will be available to persons of all ages. 26 27 28 -6- '.' ! • 1 12. Confidentiality 2 CONTRACTOR and SENIOR MEALS AND SERVICES shall protect from 3 unauthorized disclosure names and other identifying information concerning 4 persons receiving services pursuant to this Agreement, and information 5 about, or obtained from said person, except for statistical information not 6 identifying any client. 7 CONTRACTOR and SENIOR MEALS AND SERVICES shall not use such 8 information for any purpose other than carrying out the obligations under 9 this Agreement. 10 13. Authority to Enter Property 11 CONTRACTOR hereby authorizes properly accredited representatives of 12 SENIOR MEALS AND SERVICES to have access to the above - mentioned facility 13 during normal business hours. 14 14. Provision of Services by Senior Meals and Services 15 1 Under terms of this Agreement, SENIOR MEALS AND SERVICES shall provide 16 nutrition services which may include one (1) or any combination of the 17 following: 18 (a) Hot lunches containing at least one third of the Recommended Dietary Allowance up to 90 meals per day, Monday through 19 20 Friday, with the exception of Holidays, to be served at the 21 nutrition site(s) appearing wherein. Meals will be delivered 22 5 days per week between the hours of 10:30 A.M. and Noon. 23 Allocation of meals provided shall be subject to funding coming 24 to SMS through Title III of the Older American's Act. 25 26 27 28 -7- • I f ., • 1 (aa) Up to 65 meals per day containing at least one third of the 2 Recommended Dietary Allowance to be packaged as Home Delivery 3 Meals will be delivered 5 days per week, Monday through 4 Friday, with the exception of Holidays, between the hours of 5 10:30 A.M. and Noon. Allocation of meals provided shall be 6 subject to funding coming to SMS through Title III of the 7 Older American's Act. 8 (b) Nutrition Education Services. 9 (c) Quarterly In- Service training sessions for volunteers and I � 10 I Nutrition Program Staff. it (d) Supervision of SENIOR MEALS AND SERVICES staff members. 12 (e) Technical support to nutrition staff and volunteers. 13 (f) Case Management services as necessary based on participant 14 1 requests for services. 15 (g) Program casework functions as necessary based on participant 16 requests for services. 17 15. Provision of Services by Contractor 18 Under the terms of this Agreement, CONTRACTOR shall provide: 19 j (a) Two nutrition sites where meals are served, available three (3) 20 hours each day, that are clean, neat, has adequate lighting and 21 i ventilation and meets all applicable health, fire safety, and 22 sanitation regulations. 23 (b) Maintenance of Seal Beach Community Center and St. Anne's 24 Catholic Church Meeting Hall. 25 26 27 28 -8- 1 The parties hereto have executed the Agreement the day and year first 2 appearing herein. 3 Persons signing are duly authorized to sign on and enter into 4 Agreement on behalf of their organization. 5 6 7 8 9 10 CITY OF SEAL BEACH SENIOR MEALS AND SERVICES, INC.: 11 ( J erry Bankston, ) 13 City Manager 14 15 16 17 APPROVED AS TO FORM: 18 19 i1 Quinn M. Barrow, 20 City Attorney 21 22 23 24 25 26 27 28 -9- • • AGREEMENT (Senior Service Programs) THIS AGREEMENT is made and entered into this first day of July, 1989, by and between the SENIOR MEALS AND SERVICES, INC., a nonprofit corporation, hereinafter designated as "SMS ", and the 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, through the California Department of Aging, the County of Orange through the Area Agency on Aging, have awarded the Senior Meals and Services, Inc., pursuant to Title III C(1), C(2) and IIIB of the Older Americans Act of 1965, as amended, certain funds to help in the area of nutrition and supportive services for senior citizens. WHEREAS, SMS has filed an application with the County of Orange, Area Agency on Aging, requesting funds under the program outlined in Paragraph 1 above, for the purpose of providing nutrition and supportive services for certain communities and organizations in Orange County. One of these communities is Seal Beach. WHEREAS, the SMS Board of Directors has authorized the Executive Director and President of Board to enter into this Agreement on behalf of the Board. WHEREAS, the purpose of this Agreement is to state the terms and conditions under which SMS will provide nutrition services to CONTRACTOR for facilities located at 3333 St. Cloud Drive and 340 10th Street and also to provide meals to be served in homes located within Seal Beach which shall be delivered by Volunteers II/ • AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Terms of Agreement The term of this Agreement shall commence on the first day of July 1989, and shall continue in full force and effect for three years. This Agreement shall be renewed thereafter for an annual period, unless terminated by either party in accordance with this Agreement. 2. Lntirety of Agreement and Partial Invalidity This Agreement constitutes the entire Agreement between the parties regarding its subject matter. If any provision in this contract is held by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force. • 3. Compliance 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 in effect any and all licenses, permits, notices and certificates as required by law. SMS and CONTRACTOR shall be - terms and conditions contained in the Agreement with the County of Orange, Area Agency on Aging, and in the event of any conflict between the provisions of this Agreement and the provision of Title III, the latter prevails. 4. Termination /Modification of Agreement Both parties understand and agree that unforseen 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 unforseen circumstances have occurred and thereupon each party shall have the right to terminate this Agreement on 90 days written notice to the other party. Either SMS 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 • i Page 2 the purpose of unilateral termination of this Agreement, a major breach by SMA and /or contractor shall be any failure to perform as required under this Agreement. SMS may also terminate Agreement on thirty (30) days written notice in the event their allocation decreases. This document fully expresses all understandings 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 SMS and CONTRACTOR. Any notice required to be given under this Agreement shall be First Class Mail addressed to SMS as follows: Loredana Biro Senior Meals and Services, Inc. 11852 Knott Avenue Garden Grove, CA 92641 -2101 and to the CONTRACTOR as follows: Jack Osteen City of Seal Beach 211 8th Street - - Seal Beach, CA-90740. — -- • 5. Attorney's Fee and Costs 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 other relief to which such party may be entitled. 6. Indemnification CONTRACTOR shall indemnify and hold SMS 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 wrongful act or omission of CONTRACTOR its officers, employees, agents or subcontractors in the performance of this Agreement. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive public liability insurance insuring CONTRACTOR against any liability for accident, injury or death arising out of the acts, or failures to act, of • • Page 3 CONTRACTOR and for any and all claims of liability arising out of the use, occupancy or administration of the premises housing CONTRACTOR and all area appurtenant thereto and vehicles used in the furtherance of this Agreement. SMS 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 comprehensive public liability insurance. SMS agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive public liability insurance insuring SMS against any liability for accident, injury _ or death arising out of the acts, or failures to act, of SMS and for any and all claims of liability arising out of the use, occupancy or administration of the premises housing SMS and all area appurtenant thereto and vehicles used in the furtherance of this Agreement. CONTRACTOR 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. SMS shall absorb all costs and premium payment of said comprehensive public liability insurance. 7. Limitation on Liability The liability of SMS is expressly limited to the maximum amount of insurance coverage. In no event shall SMS be liable for consequential damages of any 8. Administration of Project SMS agrees to provide the administration of the project, which includes responsibility for development of operational and capital budgets. SMS's Executive Director shall be responsible for developing an operational and capital budget for submission to the parties of this Agreement and to the County of Orange each grant year. 9. Retention of Records SMS shall permit CONTRACTOR, State, Federal and County government administration to examine all books and records prepared, compiled, or kept during the period of this or similar contracts for this or similar Title III Projects. All records shall be maintained for a period of not less than five (5) years with the following qualifications: (a) The records shall be retained beyond the five (5) year period if single independent audit findings have not been resolved. • • Page 4 (b) Records for non - expendable property ($500 or more), which was acquired with Federal funds, shall be retained for five (5) years after its final disposition. (c) The retention period starts from date of submissions to the final quarterly Report on Accountability for the budget year. (d) Original documents, such as invoices, checks, time records, and payrolls in support of direct costs, shall be retained in the project files or in the recipient of awards- regular files, provided the recipient of awards accounting records contain adequate reference for identifying and locating the original documents. Microfilm documents may e submitted for original records. 10. Staffing at Nutrition Sites CONTRACTOR agrees to pay $5,030 to assist in providing staff, hereinafter designated as SITE MANAGER, to coordinate the Nutrition Program at the nutrition site. The SITE MANAGER shall attend all staff meetings, in- service training sessions, and follow directions of Executive Director of his /her designee to ensure that all applicable federal regulations and guidelines under Title III. Older Americans Act and Area Agency on-Aging are met. SMS agrees to provide supervisory personnel who will be available during hours of operation to report to and confer with SITE MANAGER. It is understood and agreed by all parties hereto that in the event SMS terminates its participation at the end of the term of Agreement or the project is not renewed for another year, all Title III funded project employees shall be terminated. 11. Compensation of Staff SMS agrees to pay salary, taxes, and all other expenses relating to persons SMS employs. SMS shall, throughout the term of this Agreement, provide and maintain a policy of Workers' Compensation insurance covering all SMS employees, at SMS's expense. SMS shall not discriminate against any individual with respect to his or her compensat,ion, terms conditions, or • Page 5 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 affect his or her 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. SMS shall encourage or solicit employment applications from senior citizens. Affirmative 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 affirmative actions shall be taken shall include, but are not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training; including apprenticeship. 12. Volunteer Participation To the maximum extent feasible, SMS and CONTRACTOR shall provide opportunities for voluntary participation of individuals in all aspects of project operations. Volunteer opportunities will be available to persons of all ages. SMS insurance will include coverage for volunteers. 13. Confidentiality - CONTRACTOR and SMS shall protect from unauthorized disclosure names and other identifying information concerning persons receiving services pursuant to this Agreement, and information about, or obtained from said persons, except for statistical information not identifying any client. CONTRACTOR and SMS shall not use such information for any purpose other than carrying out the obligations under this Agreement. 14. Nondiscrimination CONTRACTOR and SMS 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 • Page 6 handicap, except to the extent services under this Agreement are required to be rendered to persons on the basis of these criteria, and no one will be refused service because of inability to pay for such services. CONTRACTOR and SMS shall comply with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 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 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 affirmative action shall be taken in regard to employment of the disabled. CONTRACTOR and SMS performing under this Agreement shall comply with Title VI of the Civil Rights Act of 1964 as now in existence or as hereafter amended or changed and with all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part80) 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 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 funded pursuant to this Agreement. CONTRACTOR and SMS 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. 92 -961) , and with Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11376, and as supplemented by Department of Labor Regulations. CONTRACTOR and SMS shall further comply with any and all applicable requirements set forth in the voluntary Compliance Agreement between the Office for Civil Rights and COUNTY, dated February 27, 1986. CONTRACTOR and SMS 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 Section 11135- 11139.5) and the regulations or standards adopted or utilized by the California Department of Aging to implement such Article. • • Page 7 15. Authority to Enter Property CONTRACTOR hereby authorizes properly accredited representatives of SMS to have access to the above - mentioned facility during the hours of nutrition site operation or at anytime whenever necessary to fulfill the duties of SMS. 16. Provision of Services by SMS Under the terms of this Agreement, SMS shall provide: • (a) Hot lunches containing at least one third of the recommended dietary allowance up to 101 meals per day to be served at the nutrition site at North Seal Beach Community Center and St. Annes. Meals will be delivered 5 days per week between the hours of 10:30 and noon. Allocation of meals provided shall be subject to funding coming to SMS through Title III of the Older Americans Act. (aa) Up to 60 meals per day containing at least one third of the recommended dietary allowance to be packaged as home delivery. Meals will be delivered 5 days per week between the hours of 10:30 and noon. Allocation of meals provided shall be subject to funding coming to SMS through Title III of the Older Americans Act. (h) Nutrition Education Services. • (c) Quarterly In- Service training sessions for volunteers and nutrition program staff. (d) Supervision of SMS staff members. (e) Technical support to nutrition site staff. (f) Case management services as necessary based on participant requests for services. (g) Program casework functions as necessary based on participant requests for services. 17. Provision of Services by Contractor Under the terms of this Agreement, CONTRACTOR shall provide: (a) Two nutrition sites where meals are served, available three hours each day, that are clean, neat, have adequate lighting and ventilation and meet all applicable health, fire safety, and sanitation regulations. • r • Page 8 (b) Support for SMS fundraisers. (c) Mileage reimbursement of $2,000 toward Home Delivered Meal Volunteers. (d) Telephone for nutrition site. (e) Custodial for nutrition site. The parties hereto have executed the agreement the day and year first appearing herein. SENIOR MEALS AND SERVICES, INC. President of the Board CITY OF SEAL BEACH Robert Nelson, City Citiy Manager ATTEST: � r Cit lerk Revised 6/89 • • Page 9 APPENDIX B REPORTING OF NUTRITION SERVICES Report Due Cash Receipts and Donations The working day following collection. Participant Meal Evaluations The working day following collection. C -1 Nutrition Weekly Report Third working day following -- the end of the weekly reporting period. Weekly Menu Evaluation 11 Inventory Order Form Weekly on the day designated by the Central Kitchen Nutritionist by the Central Kitchen. Home Delivered Meals Weekly as collected. CDA 187 -C The third working day following the end of the month. HDM Order Sheet " 11 HDM Temperature Chart " HDM Volunteer Sign -In/ # Meals Delivered " In -Kind Reports of Matching 11 Contributions Including Staff and Volunteer In -Kind Hours Certificate of Insurance Yearly - by July 1 or insurance.policy renewal date. Food Program Yearly, as submitted by the Official Inspection Report inspecting agency. (aka Health Inspection Certificate) Fire Safety Survey Yearly, as submitted by the inspecting agency. Appropriate reporting forms will be supplied by SMS. 411 411 Page 10 APPENDIX C Seal Beach Contribution FY 1989/90 - - Site Manager (NSBCC) $5,030 Site Manager (St. Anne's) 2,500 Mileage 2,000 • • 1 AGREEMENT 2 (Senior Service Programs) 3 THIS AGREEMENT is made and entered into this o2g day 4 of , 1987, by and between the SENIOR MEALS AND SERVICES, 5 IN'., nonprofit corporation, hereinafter designated as "SMS ", and The City 6 of Seal Beach, hereinafter designated as "CONTRACTOR." 7 8 RECITALS 9 WHEREAS, the United States Congress, through the Administration on 10 Aging of the Department of Health and Human Services, and the State of 11 California, through the California Department of Aging, the County of Orange 12 through the Area Agency on Aging, have awarded the Senior Meals and Services, 13 Inc., pursuant to Title III C(1), C(2) and IIIB of the Older Americans Act of 14 1965, as amended, certain funds to help in the area of nutrition and 15 supportive services for senior citizens. 16 WHEREAS, SMS has filed an application with the County of Orange, Area 17 Agency on Aging, requesting funds under the program outlined in Paragraph 1 18 above, for the purpose of providing nutrition and supportive services for 19 certain communities and organizations in Orange County. One of these 20 communities is the City of Seal Beach. 21 WHEREAS, THE SMS Board of Directors has authorized the Executive 22 Director and President of the Board to enter into this Agreement on behalf of 23 the Board. 24 WHEREAS, the purpose of this Agreement is to state the terms and 25 conditions under which SMS will provide nutrition services to CONTRACTOR for 26 facilities located at 3333 St. Cloud. 27 //////////////////////////////////////////////// / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// 28 //////////////////////////////////////////////// / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// -1- ' • 1 AGREEMENT 2 THE PARTIES MUTUALLY AGREE AS FOLLOWS: 3 Terms of Agreement 4 The term of this Agreement shall commence on the first day of July, 5 1987, and shall continue in full force and effect for two years. This 6 Agreement shall be renewed thereafter for a two year period. 7 Entirety of Agreement and Partial Invalidity 8 This Agreement constitutes the entire Agreement between the parties 9 regarding its subject matter. If any provision in this contract is held by 10 any court to be invalid, void, or unenforceable, the remaining provisions 11 shall nevertheless continue in full force. 12 Governing Laws 13 CONTRACTOR shall comply with all federal, state and local laws, 14 ordinances, regulations and directives applicable to the performance of this 15 Agreement. CONTRACTOR shall further keep and maintain in effect any and all 16 licenses, permits, notices and certificates as required by law. 17 SMS and CONTRACTOR shall be bound by terms and conditions contained 18 in the Agreement with the County of Orange, Area Agency on Aging, and in the 19 event of any conflict between the provisions of this Agreement and the 20 provision of Title III, the latter prevails. 21 Termination /Modification of Agreement 22 Both parties understand and agree that unforeseen circumstances can 23 occur regarding all matters covered by this Agreement such as, but not limited 24 to, change of personnel or funding. Therefore, each party reserves the 25 unilateral right to determine when such unforeseen circumstances have occurred 26 and thereupon each party shall have the right to terminate this Agreement on 27 90 days written notice to the other party. Any contributions not expended 28 will be returned to CONTRACTOR (Appendix C). -2- r • 1 Either SMS or CONTRACTOR may unilaterally terminate this Agreement 2 for any major breach upon thirty days written notice to the other party 3 provided that the alleged breach is not corrected within that time. Said 4 notice shall specifically state the alleged breach and the parties' intention 5 to terminate. For the purpose of unilateral termination of this Agreement, a 6 major breach by SMS and /or contractor shall be any failure to perform as 7 required under this Agreement. 8 This document fully expresses all understandings of the parties 9 concerning all matters covered and shall constitute the total Agreement. No 10 addition to or alteration of the terms of this Agreement shall be valid unless 11 made in writing and formally adopted in the same manner as this Agreement, 12 unless otherwise authorized by SMS and CONTRACTOR. 13 Any notice required to be given under this Agreement shall be by 14 First Class Mail addressed to SMS as follows: 15 16 Dana Biro 17 Senior Meals and Services, Inc. 11852 Knott Avenue Garden Grove, CA 92641 18 and to CONTRACTOR as follows: 19 Jack O'Steen 20 City of Seal Beach 21 211 8th Street Seal Beach, CA 90740 22 Attorney's Fees and Costs 23 If any action of law or inequity is necessary to enforce or interpret 24 the terms of this Agreement, the prevailing party shall be entitled to 25 reasonable attorney's fees, cost, and necessary disbursements in addition to 26 any other relief to which such party may be entitled. 27 Insurance 28 CONTRACTOR shall indemnify and hold SMS harmless from and against any -3- 1 and all liability, loss, damage, claims, suits, costs and expenses, including 2 reasonable attorney's fees, regardless of the merit or outcome of any such 3 claim or suit, claimed or arising from any negligent or wrongful act or 4 omission of CONTRACTOR, its officers, employees, agents or subcontractors in 5 the performance of this Agreement. 6 SMS shall indemnify and hold CONTRACTOR harmless from and against any 7 and all liability, loss, damage, claims, suits, costs and expenses, including 8 reasonable attorney's fees, regardless of the merit or outcome of any such 9 claim or suit, claimed or arising from any negligent or wrongful act or 10 omission of SMS, its officers, employees, agents or subcontractors in the 11 performance of this Agreement. 12 CONTRACTOR agrees for the term of this Agreement to be self- insured 13 as a member of an insurance pool. CONTRACTOR will insure CONTRACTOR against 14 any liability for accidents, injury or death arising out of the acts, or 15 failures to act, of CONTRACTOR and for any and all claims of liability arising 16 out of the use, occupancy or administration of the premises housing CONTRACTOR 17 and all area appurtenant thereto and vehicles used in the furtherance of this 18 Agreement. SMS shall be named on said self- insurance program as an additional 19 insured. Such insurance shall be in the amount not less than $1,000,000 for 20 any injury to, or death of, any person or persons in any one accident or 21 occurrence. CONTRACTOR shall absorb all costs and premium payments of said 22 self- insurance program. 23 SMS agrees to obtain and keep in force during the term of this 24 Agreement a policy of comprehensive public liability insurance insuring SMS 25 against any liability for accident, injury or death arising out of the acts, 26 or failures to act, of SMS and for any and all claims of liability arising out 27 of the use, occupancy or administration of the premises housing SMS and all 28 area appurtenant thereto and vehicles used in the furtherance of this A 410 410 1 Agreement. CONTRACTOR shall be named on said policy as an additional 2 insured. Such insurance shall be in the amount not less than $1,000,000 for 3 any injury to, or death of, any person or persons in any one accident or 4 occurrence. SMS shall absorb all costs and premium payments of said 5 comprehensive public liability insurance. 6 Limitation on Liability 7 The liability of SMS is expressly limited to the maximum amount of 8 insurance coverage. In no event shall SMS be liable for consequential damages 9 of any kind. 10 Workers' Compensation 11 CONTRACTOR shall, throughout the term of this Agreement, provide and 12 maintain a policy of Workers' Compensation insurance covering all its 13 employees, at CONTRACTOR'S expense. 14 SMS shall, throughout the term of this Agreement, provide and 15 maintain a policy of Workers' Compensation insurance covering all SMS 16 employees, at SMS's expense. 17 Administration of Project 18 SMS agrees to provide the administration of the project, which 19 includes responsibility for development of operational and capital budgets. 20 SMS's Project Director shall be responsible for developing an operational and 21 capital budget for submission to the parties of this Agreement and to the 22 County of Orange each grant year. Each party shall be advised of the amount 23 of its estimated annual contribution by January 30 of each year. 24 Contributions are to be collected thirty (30) days prior to July 1 of each 25 year. 26 Retention of Records 27 CONTRACTOR shall allow SMS, State, Federal and County government 28 administration to examine all books and records prepared, compiled, or kept -5- • 1 during the period of this or similar contracts for this or similar Title III 2 Projects. All records must be maintained for a period of not less than four 3 (4) years with the following qualifications. 4 (a) The records shall be retained beyond the four -year period if 5 audit findings have not been resolved. 6 (b) Records for non - expendable property which was acquired with 7 Federal funds shall be retained for three years after its 8 final disposition. 9 (c) The retention period starts from date of submissions to the 10 final quarterly Report on Accountability for the budget year. 11 (d) Original documents, such as invoices, checks, time records, and 12 payrolls in support of direct costs, may be retained in the 13 project files or in the recipient of awards regular files, 14 provided the recipient of awards accounting records contain 15 adequate references for identifying and locating the original 16 documents. Microfilm documents may be submitted for original 17 records. 18 Staffing at Nutrition Sites 19 CONTRACTOR agrees to provide funding for staff, hereinafter 20 designated as Site Manager, to coordinate the Nutrition Program at the 21 nutrition site (see Exhibit C). 22 The Site Manager shall attend all staff meetings, in- service training 23 sessions, and follow directions of Project Director or his /her designee to 24 ensure that all applicable federal regulations and guidelines under Title III, 25 Older American Act and Area Agency on Aging are met. 26 SMS agrees to provide supervisory personnel who will be available 27 during hours of operation to report to and confer with Site Manager. 28 It is understood and agreed by all parties hereto that in the event -6- • SMS terminates its participation at the end of the term of Agreement or the 2 project is not renewed for another year, all Title III funded project 3 Compensation of Staff 4 SMS agrees to pay salary, taxes, and all other expenses relating to 5 persons SMS employees. CONTRACTOR agrees to pay salary, taxes, and all other 6 expenses relating to persons CONTRACTOR employees. 7 Volunteer Participation 8 To the maximum extent feasible, SMS and CONTRACTOR will provide 9 opportunities for voluntary participation of individuals in all aspects of 10 project operations. Volunteer opportunities will be available to persons of 11 all ages. CONTRACTOR'S insurance will include coverage for volunteers. 12 Discrimination 13 CONTRACTOR shall not discriminate in the hiring of personnel to 14 perform the services under this Agreement on the basis of race, color, 15 religion, sex, age, national origin or ancestry. In addition, CONTRACTOR 16 shall not discriminate in the delivery of services on the basis of race, 17 color, religion, sex, national origin or ancestry. 18 Authority to Enter Property 19 CONTRACTOR hereby authorizes properly accredited representatives of 20 SMS to have access to the above - mentioned facility during the hours of 21 nutrition site operation or at anytime whenever necessary to fulfill the 22 duties of SMS. 23 Provision of Services 24 Under the terms of this Agreement, SMS shall provide: 25 (a) Hot lunches containing at least one third of the recommended 26 dietary allowance up to 101 meals per day to be served at the 27 nutrition site appearing wherein. Meals will be delivered five 28 (5) days per week between the hours of 10:30 and noon. -7- 1 Allocation of meals provided shall be subject to funding coming 2 to SMS through Title III of the Older Americans Act. 3 (aa) Ninety -two (92) meals containing at least one third of the 4 recommended dietary allowance to be packaged as home delivery. 5 Meals will be delivered five (5) days per week between the 6 hours of 10:30 and noon. Allocation of meals provided shall be 7 subject to funding coming to SMS through Title III of the Older 8 Americans Act. 9 (b) Nutrition Education Services. 10 (c) Quarterly In- Service training sessions for volunteers and 11 nutrition program staff. 12 (d) Supervision of SMS staff members. 13 (e) Technical support to nutrition site staff. 14 (f) Case management services as necessary based on participant 15 requests for services. 16 (g) Program Outreach functions as necessary based on participant 17 requests for services. 18 (h) Collection of meals donations as stated in CDA's Manual 19 (Appendix A, Page 250, No. 7) for pickup by SMS driver. 20 (i) Notification to SMS of the number of meals required, 48 hours 21 in advance. 22 (j) Accurate records of services. 23 Under the terms of this Agreement, CONTRACTOR shall provide: 24 (a) One nutrition site where meals are served, available three 25 hours each day, that is clean, neat, has adequate lighting and 26 ventilation and meets all applicable health, fire safety, and 27 sanitation regulations. 28 (b) Funding for Site Manager to coordinate the nutrition program at -8- . . • 1 the nutrition site. Staff will participate at monthly site 2 manager meetings and Quarterly In- Service Training Sessions, as 3 mandated by CDA Manual (Appendix A). 4 (c) A nutrition program which conforms with guidelines set forth in 5 the CDA Manual. 6 (d) Mileage reimbursement for Home Delivered Meal Volunteers. 7 (e) Representation by senior participants at Project Council. 8 (f) Support for SMS fundraisers. 9 The parties hereto have executed the agreement the day and year first 10 appearing herein. 11 12 13 14 SENIOR MEALS AND SERV S, INC. 15 16 'resident of the Board 17 18 19 20 ATTES_ : `- 21 �� 22 OANNE M. YEO CITY CLERK RO 'RTT A. NELS City Managed 23 APPROVED AS TO FORM: 24 25 26 27 4552M/ 1310A 28 06/29/87 -9- III APPENDIX B REPORTING OF NUTRITION SERVICES Report Due Cash Receipts and Donation The working day following collection. Participant Meal Evaluations C -1 Nutrition Weekly Report Third working day following the end of the weekly reporting period. Weekly Menu Evaluation Inventory Order Form Weekly on the day designated by the Central Kitchen Nutritionist by the Central Kitchen. Home Delivered Meals Weekly as collected. Donation Envelopes CDA 187 -C The third working day following the end of the month. HDM Order Sheet HDM Temperature Chart HDM Volunteer Sign -In/ # Meals Delivered In -Kind Reports of Matching Contributions Including Staff and Volunteer In -Kind Hours Certificate of Insurance Yearly - by July 1 Food Program Yearly, as submitted by the inspecting Official Inspection Report agency. (aka Health Inspection Certificate) Fire Safety Survey Yearly, as submitted by the inspecting agency. Appropriate reporting forms will be supplied by SMS. 4552M/1310A 06/10/87 4111i 0 APPENDIX C Seal Beach Contribution FY 87/88 Site Manager $ 5,030 Mileage 2,000