HomeMy WebLinkAbout*AGMT - Garden Grove, City of & M.O.R.E Program LEASE AGREEMENT
Between
City of Seal Beach
and
M.O.R.E. Nutrition Program
,/
THIS LEASE AGREEMENT, entered into this G74' day of ,
1981, by and between the CITY OF SEAL BEACH, hereinafter referred to as CITY,
and the M.O.R.E. NUTRITION PROGRAM, hereinafter referred to as M.O.R.E.,
WITNESSETH:
WHEREAS, M.O.R.E. desires to establish a center to provide a nutrition
program for people 60 years or older, as approved by the Orange County Area
Agency on Aging; and
WHEREAS, the provisions of the M.O.R.E. nutrition program are in line
with the CITY's policy of acting as a catalyst to provide a variety of
human services in the community;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. The CITY rents to M.O.R.E. and M.O.R.E. hires from the CITY the
real property located at 3333 St. Cloud Drive, Seal Beach, California, and
known as the North Seal Beach Community Center, for use as a nutrition site,
at a charge of one dollar ($1.00) per year, payable in advance. This agree-
ment shall remain in effect for a term of one year from the date of
execution hereof by the CITY and thereafter shall continue from year to
year, unless written notice of objections to the contents of said agreement
is given by either party to the other by United States mail sixty (60) days
before the expiration of any such yearly term.
2. Anything in this lease to the contrary notwithstanding, either
party may terminate this lease by giving the other sixty (60) days' prior
written notice.
3. M.O.R.E. staff will utilize the facilities and services available
at the North Seal Beach Community Center for the provision of congregate
meals and recreational activities.
. .
4. CITY retains the right to inspect the facilities to be leased by
M.O.R.E. to insure that M.O.R.E. meets fire and safety requirements established
for public buildings and to insure that the facility being leased will be
used exclusively for the intended purposes provided for in the Older Americans
Act of 1965.
5. CITY shall assume all custodial, maintenance and utility costs for
the building and grounds. Upon termination of M.O.R.E. occupancy of premises,
M.O.R.E. shall redeliver possession of premises to CITY in a cleaned condition
and in substantially the same physical condition that existed immediately
prior to M.O.R.E.'s entry thereon, reasonable wear and tear and damage by the
elements, earthquake, acts of God, and acts of war excepted.
6. M.O.R.E. shall indemnify CITY, its officers, agents, and employees
from any and all claims, demands, losses or liabilities arising from or in
any way connected with the use of the premises by M.O.R.E., its officers,
agents, or employees.
7. M.O.R.E. shall obtain and maintain at all times during the term of
this Agreement comprehensive public liability and property damage insurance
protecting M.O.R.E. in amounts not less than $500,000 for personal injury
to any one person, $1,000,000 for personal injuries arising out of any one
occurrence, and $100,000 for property damage. Such insurance shall name CITY
as an additional insured party and shall not be cancellable nor shall the
coverage be reduced without a thirty (30) day prior written notice to CITY.
M.O.R.E. shall file and maintain on file with CITY at all times during the
term of this Agreement a copy or certificate of said insurance.
8. M.O.R.E. shall establish normal operating hours from 10:30 a.m. to
2:00 p.m., Monday through Friday, except for those days so designated for
election purposes.
WHEREFORE, the parties hereto have indicated their assent to the terms
of this lease by their representatives subscribing their names hereunder on
the date indicated.
CITY OF SEAL BEACH, a
Municipal Corporation
B lYJ
Mayor
A T:
dr
/ , Clerk
-2-
APPROVED AS TO FORM:
City Attorney
M.O.R.E. NUTRITION PROGRAM
By Owe%
DATED THIS A9 day of _. te r__ __ , 1981.
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® •
1 AGREEMENT
(Meals for Senior Citizens - Seal Beach)
2
3 THIS AGREEMENT is made and entered into this 5 day of
4 July , 1983, by and between the CITY OF GARDEN GROVE, a Municipal
5 Corporation, hereinafter designated as "GARDEN GROVE," and the CITY OF SEAL
6 BEACH, a Municipal corporation, hereinafter designated as "SEAL BEACH."
7 RECITALS
8 1. The United States Congress, through the Administration on Aging
9 of the Department of Health, Education and Welfare, and the State of
10 California, through the California Department of Aging, have awarded the
11 County of Orange and the City of Garden Grove, pursuant to Title IIIC(2) and
12 Title III-C(1) of the Older Americans Act of 1965, as amended, hereinafter
13 referred to as "Title III," certain funds for home delivered meals and
14 congregate meals for senior citizens.
15 2. GARDEN GROVE has filed an application with the County of Orange
16 requesting certain funds to provide congregate meals and home delivered meals
17 for certain communities in Orange County. One of these communities is the
18 CITY OF SEAL BEACH.
19 3. SEAL BEACH desires GARDEN GROVE to provide the food to be served
20 in accordance with the terms provided herein.
21 AGREEMENT
22 THE PARTIES MUTUALLY AGREE AS FOLLOWS:
23 4. For purposes of grant application, contract and program
24 administration, the Garden Grove Controller is authorized to act as fiscal
25 officer and GARDEN GROVE shall provide a Project Director who shall oversee
26 the meals program on behalf of GARDEN GROVE and SEAL BEACH. The Project
27 Director will report to and coordinate the activities in agreement with the
28 County of Orange.
-1-
. . •
1 5. GARDEN GROVE and SEAL BEACH shall be bound by terms and
2 conditions contained in the agreement with the County of Orange, and in the
3 event of any conflict between the provisions of this agreement and the
4 provision of Title III, the latter prevails.
5 6. GARDEN GROVE agrees to provide the administration of the
6 project, which includes responsibility for development of operational and
7 capital budgets.
8 7. GARDEN GROVE'S Project Director shall be responsible for
9 developing an operational and capital budget for submission to the parties of
10 this agreement and to the County of Orange each grant year.
11 8. The terms of this agreement shall be from July 1, 1983 through
12 June 30, 1984. This agreement, to remain operational, shall be renewed each
13 grant year (July), by both parties to determine whether or not the project
14 should be continued.
15 9. It is understood and agreed by all parties hereto that in the
16 event GARDEN GROVE terminates its participation at the end of the year or the
17 project is not renewed for another year, all Title III funded project
18 employees shall be terminated.
19 10. GARDEN GROVE shall recruit and hire personnel funded through
20 Title III, Garden Grove City funds for the project. GARDEN GROVE shall be
21 responsible for payroll processing to said personnel in accordance with
22 established City policy.
23 11. The CITY OF GARDEN GROVE agrees to indemnify, defend, and hold
24 harmless, the CITY OF SEAL BEACH, from any loss, liability, claim, suit or
25 judgment resulting from work or acts done or omitted by the CITY OF GARDEN
26 GROVE in carrying out this agreement. The CITY OF SEAL BEACH agrees to
2 7 indemnify, defend, and hold harmless the CITY OF GARDEN GROVE from any loss,
28 liability, claim, suit or judgment resulting from work or acts done or omitted
-2-
•
1 by the CITY OF SEAL BEACH in carrying out this agreement. These provisions
2 are included in accordance with Government Code 895.4 and are applicable to
3 all parties hereto.
4 12. SEAL BEACH also agrees to obtain and keep in force during the
5 term of this agreement, a policy of comprehensive public liability covering
6 the operation of the program, arising out of or in consequence of this
7 agreement, exclusive of liability associated with the preparation of food.
8 Such insurance shall be in an amount not less than $1,000,000 for any injury
9 to or death of any person or persons in any single accident or occurrence.
10 Unless otherwise provided for in the Budget Schedule, SEAL BEACH shall
11 absorb all costs and premium payments of said comprehensive public liability
12 insurance. Said policy of comprehensive public liability insurance shall
13 guarantee at least thirty (30) days written notice prior to cancellation or
14 change in terms of coverage and shall name the CITY OF GARDEN GROVE as
15 additional insured. The CITY OF GARDEN GROVE shall also carry such comprehensive
16 public liability insurance naming the CITY OF SEAL BEACH as additional insured.
17 13. SEAL BEACH will provide GARDEN GROVE with monthly financial
18 reports by the 5th working day of each month, indicating in -kind amounts of
19 their matching contributions. Reporting forms will be supplied by GARDEN
20 GROVE.
21 14. SEAL BEACH shall allow GARDEN GROVE, State, Federal, and County
22 government administration to examine all books and records prepared, compiled,
23 or kept during the period of this or similar contracts for this or similar
24 Title III Projects. All records must be maintained for a period of not less
25 that three (3) years, with the following qualifications:
26 (a) The records shall be retained beyond the three year period if audit
27 findings have not been resolved.
28 (b) Records for non - expendable property which was acquired with Federal
-3-
•
1 funds shall be retained for three years after its final disposition.
2 (c) The retention period starts from date of submissions to the final
3 quarterly Report on Accountability for the budget year.
4 (d) Original documents, such as invoices, checks, time records, and
5 payrolls in support of direct costs, may be retained in the project
6 files or in the recipient of awards regular files, provided the
7 recipient of awards accounting records contain adequate references
8 for identifying and locating the original documents. Microfilm
9 documents may be submitted for original records.
10 15. GARDEN GROVE shall provide:
11 (a) Up to 125 congregate meals and up to 90 home delivered meals
12 (packaged) per day, five days a week.
13 16. SEAL BEACH SHALL:
14 (a) Provide one nutrition site (North Seal Beach Ccmm unity Center, 3333
15 St. Cloud Drive, Seal Beach) where meals are served, available three
16 hours each day, 10:30 a.m. to 1:30 p.m.,is clean, neat, has adequate
17 lighting and ventilation and meets all applicable health, fire
18 safety, and sanitation regulations;
19 (b) Assume all custodial, maintenance and utility costs for the buildings
20 and grounds, including at the First United Methodist Church.
21 (c) Facility to be utilized between the hours of 10 a.m. to 1 p.m. Monday
22 through Friday, and at no other times without prior consent of the
23 City.
24 17. To the maximum extent feasible, the project will provide
25 opportunities for voluntary participation of individuals in all aspects of
26 project operations. Volunteer opportunities will be available to persons of
27 all ages.
28 18. Allocation of meals provided shall be subject to funding
-4-
• • •
1 coming from the CITY OF GARDEN GROVE through Title IIIC(2) Older Americans Act.
•
2 The parties hereto have executed the agreement the day and year
3 first appearing herein.
4
5 ATTEST: CITY , .ARDEN Gr! V
Ab
i TO
City lerk ir Mayor
7
8 APP OVE D AST �-
9 7,
�y'A, torney ( 6 _/ 7•x-3
10
11
CIT EAL BEAC
12
By A
13 • AT ST: r ayor
14 - „
y C erk
15
16 APPROVED AS TO FORM:
17 Al l :::',
it ' A Cigi
18
19
20
21
22
23 O438G
24
25
26
27
28
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• •
1 AGREEMENT
(Meals for Senior Citi e s - Seal Beach)
2
3 THIS AGREEMENT is made and entered into this 2nd day of
4 July , 1984, by and between the CITY OF GARDEN GROVE, a Municipal
5 Corporation, hereinafter designated as "GARDEN GROVE," and the CITY OF SEAL
6 BEACH, a Municipal corporation, hereinafter designated as "SEAL BEACH."
7 RECITALS
8 1. The United States Congress, through the Administration on Aging
9 of the Department Education and Welfare, and the State of
10 California, through the California Department of Aging, have awarded the
11 County of Orange and the City of Garden Grove, pursuant to Title IIIC(2) and
12 Title III -C(1) of the Older Americans Act of 1965, as amended, hereinafter
13 referred to as "Title III," certain funds for home delivered meals and
14 congregate meals for senior citizens.
15 2. GARDEN GROVE has filed an application with the County of Orange
16 requesting certain funds to provide congregate meals and home delivered meals
17 for certain communities in Orange County. One of these communities is the
18 CITY OF SEAL BEACH.
19 3. SEAL BEACH desires GARDEN GROVE to provide the food to be served
20 in accordance with the terms provided herein.
21 AGREEMENT
22 THE PARTIES MUTUALLY AGREE AS FOLLOWS:
23 4. For purposes of grant application, contract and program
24 administration, the Garden Grove Controller is authorized to act as fiscal
25 officer and GARDEN GROVE shall provide a Project Director who shall oversee
26 the meals program on behalf of GARDEN GROVE and SEAL BEACH. The Project
27 Director will report to and coordinate the activities in agreement with the
28 County of Orange.
• •
1 5. GARDEN GROVE and SEAL BEACH shall be bound by terms and
2 conditions contained in the agreement with the County of Orange, and in the
3 event of any conflict between the provisions of this agreement and the
4 provision of Title III, the latter prevails.
5 6. GARDEN GROVE agrees to provide the administration of the
6 project, which includes responsibility for development of operational and
7 capital budgets.
8 7. GARDEN GROVE'S Project Director shall be responsible for
9 developing an operational and capital budget for submission to the parties of
10 this agreement and to the County of Orange each grant year.
11 8. The terms of this agreement shall be from July 1, 1984 through
12 June 30, 1985. This agreement, to remain operational, shall be renewed each
13 grant year (July), by both parties to determine whether or not the project
14 should be continued.
15 9. It is understood and agreed by all parties hereto that in the
16 event GARDEN GROVE terminates its participation at the end of the year or the
17 project is not renewed for another year, all Title III funded project
18 employees shall be terminated.
19 10. GARDEN GROVE shall recruit and hire personnel funded through
20 Title III, Garden Grove City funds for the project. GARDEN GROVE shall be
21 responsible for payroll processing to said personnel in accordance with
22 established City policy.
23 11. The CITY OF GARDEN GROVE agrees to indemnify, defend, and hold
24 harmless, the CITY OF SEAL BEACH, from any loss, liability, claim, suit or
25 judgment resulting from work or acts done or omitted by the CITY OF GARDEN
26 GROVE in carrying out this agreement. The CITY OF SEAL BEACH agrees to
27 indemnify, defend, and hold harmless the CITY OF GARDEN GROVE from any loss,
28 liability, claim, suit or judgment resulting from work or acts done or omitted
. 411 .
1 by the CITY OF SEAL BEACH in carrying out this agreement. These provisions
2 are included in accordance with Government Code 895.4 and are applicable to
3 all parties hereto.
4 12. SEAL BEACH also agrees to obtain and keep in force during the
5 term of this agreement, a policy of comprehensive public liability
6 the operation of the program, arising out of or in consequence of this
7 agreement, exclusive of liability associated with the preparation of food.
8 Such insurance shall be in an amount not less than $1,000,000 for any injury
9 to or death of any person or persons in any single accident or occurrence.
10 Unless otherwise provided for in the Budget Schedule, SEAL BEACH shall
11 absorb all costs and premium payments of said comprehensive public liability
12 insurance. Said policy of comprehensive public liability insurance shall
13 guarantee at least thirty (30) days written notice prior to cancellation or
14 change in terms of coverage and shall name the CITY OF GARDEN GROVE as
15 additional insured. The CITY OF GARDEN GROVE shall also carry comprehensive
16 public liability insurance naming the CITY OF SEAL BEACH as additional insured.
17 13. SEAL BEACH will provide GARDEN GROVE with monthly financial
18 Aeports by the 5th working day of each month, indicating in -kind amounts of
19 their matching contributions. Reporting forms will be supplied.by GARDEN
20 ;ROVE.
21 14. SEAL BEACH shall allow GARDEN GROVE, State, Federal, and County
22 government administration to examine all books and records prepared, compiled,
23 or kept during the period of this or similar contracts for this or similar
24 - itle III Projects. All records must be maintained for a period of not less
25 that three (3) years, with the following qualifications:
26(a) The records shall be retained beyond the three year period if audit
27 findings have not been resolved.
28 (b) Records for non - expendable property which was acquired with Federal
• .^ .
1 funds shall be retained for three years after its final disposition.
2 (c) The retention period starts from date of submissions to the final
3 quarterly Report on Accountability for the budget year.
4 (d) Original documents, such as invoices, checks, time records, and
5 payrolls in support of direct costs, may be retained in the project
6 files or in the recipient of awards regular files, provided the
7 recipient of awards accounting records contain adequate references
8 for identifying and locating the original documents. Microfilm
9 documents may be submitted for original records.
10 15. GARDEN GROVE shall provide:
11 (a) Up to 125 congregate meals and up to 90 home delivered meals
12 (packaged)
per day, five days a week.
13 16. SEAL BEACH SHALL:
14 (a) Provide one nutrition site (North Seal Beach Community Center, 3333
15 St. Cloud Drive, Seal Beach) where meals are served, available three
16 hours each day, 10:3Oa.m. - 1 :30p.m.. that is clean, neat, has adequate
17 lighting and ventilation and meets all applicable health, fire
18 safety, and sanitation regulations;
19 (b) Assume all custodial, maintenance and utility costs for the buildings
20 and grounds, including at the First United Methodist Church.
21 (c) Facility to be utilized between the hours of 10:30a.m. 1:30p.m. Monday
22 through Friday, and at no other times without prior consent of the
23 City.
24 17. To the maximum extent feasible, the project will provide
25 opportunities for voluntary participation of individuals in all aspects of
26 project operations. Volunteer opportunities will be available to persons of
27 all ages.
28 18. Allocation of meals provided shall be subject to funding
. •
1 coming from the CITY OF GARDEN GROVE through Title IIIC(2) Older Americans Act.
2 The parties hereto have executed the agreement the day and year
3 first appearing herein.
4
5 ATT T: CIT 07 GA'I GROVE
6 /'_ /�
7 ity C e/
r Mayor
8 I APPRO ED zTO FORM:,-
10 i 'y , t' n . y - c
11
12 CITY OF SEAL BEACH
By
13 ATT ST: ayor
14
15 • y Clerk
16 APPROVED AS TO FORM:
.r0 '.
17 _ _ -4:. =.4r.Prro
18 ity for
19
20
21
22
23 0438G
24
25
26
27
28
411 411
1 AGREEMENT
(Meals for Senior Citizens - Seal Beach)
2
3 THIS AGREEMENT is made and entered into this 94th day of
4 June , 1985, by and between the CITY OF GARDEN GROVE, a Municipal
5 Corporation, hereinafter designated as "GARDEN GROVE," and the CITY OF SEAL
6 BEACH, a Municipal corporation, hereinafter designated as "SEAL BEACH."
7 RECITALS
8 1. The United States Congress, through the Administration on Aging
9 of the Department of Health, Education and Welfare, and the State of
10 California, through the California Department of Aging, have awarded the
11 County of Orange and the City of Garden Grove, pursuant to Title IIIC(2) and
12 Title III -C(1) of the Older Americans Act of 1965, as amended, hereinafter
13 referred to as "Title III," certain funds for home delivered meals and
14 congregate meals for senior citizens.
15 2. GARDEN GROVE has filed an application with the County of Orange
16 requesting certain funds to provide congregate meals and home delivered meals
17 for certain communities in Orange County. One of these communities is the
18 CITY OF SEAL BEACH.
29 3. SEAL BEACH desires GARDEN GROVE to provide the food to be served
20 in accordance with the terms provided herein.
21 AGREEMENT
22 THE PARTIES MUTUALLY AGREE AS FOLLOWS:
23 4. For purposes of grant application, contract and program
24 administration, the Garden Grove Controller is authorized to act as fiscal
25 officer and GARDEN GROVE shall provide a Project Director who shall oversee
26 the meals program on behalf of GARDEN GROVE and SEAL BEACH. The Project
27 Director will report to and coordinate the activities in agreement with the
28 County of Orange.
-1-
.
1 5. GARDEN GROVE and SEAL BEACH shall be bound by terms and
2 conditions contained in the agreement with the County of Orange, and in the
3 event of any conflict 'between the provisions of this agreement and the
4 provision of Title III, the latter prevails.
5 6. GARDEN GROVE agrees to provide the administration of the
6 project, which includes responsibility for development of operational and
7 capital budgets.
8 7. GARDEN GROVE'S Project Director shall be responsible for
9 developing an operational and capital budget for submission to the parties of
10 this agreement and to the County of Orange each grant year.
11 8. The terms of this agreement shall be from July 1, 1985 through
12 June 30, 1986. This agreement shall be reviewed each grant year (July), by
13 both parties to determine whether or not the project should be continued.
14 9. It is understood and agreed by 'all parties hereto that in the
15 event GARDEN GROVE terminates its participation at the end of the year or the
16 project is not renewed for another year, all Title III funded project
17 employees shall be terminated.
18 10. GARDEN GROVE shall recruit and hire personnel funded through
19 Title III, Garden Grove City funds for the project. GARDEN GROVE shall be
20 responsible for payroll processing to said personnel in accordance with
21 established City policy.
22 11. The CITY OF GARDEN GROVE agrees to indemnify, defend, and hold
23 harmless, the CITY OF SEAL BEACH, from any loss, liability, claim, suit or
24 judgment resulting from work or acts done or omitted by the CITY OF GARDEN
25 GROVE in carrying out this agreement.- The CITY OF SEAL BEACH agrees to
26 indemnify, defend, and hold harmless the CITY OF GARDEN GROVE from any loss,
27 liability, claim, suit or judgment resulting from work or acts done or omitted
28 /
-2-
1
' •
1 by the CITY OF SEAL BEACH in carrying out this agreement. These provisions
2 are included in accordance with Government Code 895.4 and are applicable to
3 all parties hereto.
4 12. SEAL BEACH also agrees to obtain and keep in force during the
5 term of this agreement, a policy of comprehensive public liability covering
6 the operation of the program, arising out of or in consequence of this
7 agreement, exclusive of liability associated with the preparation of food.
8 Such insurance shall be in an amount not less than $1,000,000 for any injury
9 to or death of any person or persons in any single accident or occurrence.
10 Unless otherwise provided for in the Budget Schedule, SEAL BEACH shall absorb
11 all costs and premium payments of said comprehensive public liability
12 insurance. Said policy of comprehensive public liability insurance shall
13 guarantee at least thirty (30) days written notice prior to cancellation or
14 change in terms of coverage and shall name the CITY OF GARDEN GROVE as
15 additional insured. The CITY OF GARDEN GROVE shall also carry comprehensive
16 public liability insurance naming the CITY OF SEAL BEACH as additional insured.
17 13. SEAL BEACH will provide GARDEN GROVE with monthly financial
18 reports by the 5th working day of each month, indicating in -kind amounts of
19 their matching contributions. Reporting forms will be supplied by GARDEN
20 GROVE.
21 14. SEAL BEACH shall allow GARDEN GROVE, State, Federal, and County
22 government administration to examine all books and records prepared, compiled,
23 or kept during the period of this or similar contracts for this or similar
24 Title III Projects. All records must be maintained for a period of not less
25 that four (4) years, with the following qualifications:
26 (a) The records shall be retained beyond the four year period if audit
27 findings have not been resolved.
28 (b) Records for non - expendable property which was acquired with Federal
-3-
Y
• •
1 funds shall be retained for four years after its final disposition.
2 (c) The retention period starts from date of submissions to the final
3 quarterly Report on Accountability for the budget year.
4 (d) Original documents, such as invoices, checks, time records, and
5 payrolls in support of direct costs, may be retained in the project
6 files or in the recipient of awards regular files, provided the
7 recipient of awards accounting records contain adequate references
8 for identifying and locating the original documents. Microfilm
9 documents may be submitted for original records.
10 15. GARDEN GROVE shall provide:
11 (a) Up to 125 congregate meals and up to 90 home delivered meals per day,
12 five days a week.
13 16. SEAL BEACH SHALL:
14 (a) Provide one nutrition site (North Seal Beach Community Center, 3333
15 St. Cloud Drive, Seal Beach) where meals are served, available three
16 hours each day, 10:30 am to 1:30 pm , that is clean, neat, has adequate
17 lighting and ventilation and meets all applicable health, fire
18 safety, and sanitation regulations;
19 (a) Assume all custodial, maintenance and utility costs for the buildings
20 and grounds, including St. Anne's Catholic Church.
21 (b) Facility to be utilized between the hours of10:30 am & 1:30 pm Monday
22 through Friday, and at no other times without prior consent of the
23 City.
24 17. To the maximum extent feasible, the project will provide
25 opportunities for voluntary participation of individuals in all aspects of
26 project operations. Volunteer opportunities will be available to persons of
27 all ages.
28 18. Allocation of meals provided shall be subject to funding
-4-
f • •
1 coming from the CITY OF GARDEN GROVE through Title IIIC(2) Older Americans Act.
2 The parties hereto have executed the agreement the day and year
3 first appearing herein.
4
5 AT ST: CIT GARDEN :
City Cle Mayor
7
8 AP" i ' D AS TO 'ORM:
9 �a
E' A or "y
10
11
CITY OF SEAL BEACH
12 ° � ' '
BY 13 eaYS
.
15
1.6 APPROVED AS TO FORM:
17
.
.
.: :
i ty At 614
18
19
20
21
22
23 O452G/593A
24
25
26
27
28
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r \ .:--
r 0 •
1 AGREEMENT
(Nutrition Services - Seal Beach)
2
3 THIS AGREEMENT is made and entered into this �� day
1
4 of !. , 1986, by and between the CITY OF GARDEN GROVE, a Municipal
5 corp n, hereinafter designated as "GARDEN GROVE," and the CITY OF SEAL
6 BEACH, a Municipal corporation, hereinafter designated as "SEAL BEACH."
7 RECITALS '
8 1. The United States Congress, through the Administration on
9 Aging of the Department of Health and Human Services, and the State of
10 California, through the California Department of Aging, the County of Orange
11 through the Area Agency on Aging, have awarded the City of Garden Grove,
12 pursuant to Title III -C(1) and C(2) of the Older Americans Act of 1965, as
13 amended, certain funds to help in the area of nutrition for senior citizens.
14 2. GARDEN GROVE has filed an application with the County of
15 Orange, Area Agency on Aging, requesting funds under the program outlined in
16 paragraph 1 above. for the purpose of providing nutrition services for certain
17 communities and organizations in Orange County. One of these communities'is '''
18 the City of SEAL BEACH.
19 3. SEAL BEACH desires to contract with GARDEN GROVE, subject to
20 the terms contained herein, for the purpose of having GARDEN GROVE provide
21 food at SEAL BEACH'S facilities located at 3333 St. Cloud Drive in the City of
22 Seal Beach and also to provide the food to be served in homes located within
23 the City of Seal Beach which shall be delivered by SEAL BEACH.
24 AGREEMENT
25 THE PARTIES MUTUALLY AGREE AS FOLLOWS:
26 4. For purposes of grant application, contract and program
27 administration, the Garden Grove Controller is authorized to act as fiscal
28 officer and GARDEN GROVE shall provide a Project Director who shall oversee
410 410
1 the nutrition program on behalf of GARDEN GROVE and SEAL BEACH. The Projec'
2 Director will report to and coordinate the activities in agreement with th=
3 County of Orange, Area Agency on Aging.
4' 5. GARDEN GROVE and SEAL BEACH shall be bound by terms an'
5 conditions contained in the agreement with the County of Orange, Area Agenc
6 on Aging, and in the event of any conflict between the provisions of this
7 agreement and the provision of Title III, the latter prevails.
8 6. GARDEN GROVE agrees to provide the administration of the
9 project, which includes responsibility for development of operational and
10 capital budgets.
11 7. GARDEN GROVE's Project Director shall be responsible for
12 developing an operational and capital budget for submission to the parties o
13 this agreement and to the County of Orange each grant year. Each party shall
14 be advised of the amount of its estimated contribution to be collected thirty
15 (30) days prior to the beginning of each grant year.
16 8. .The term of this agreement shall be from July 1, 1986 through
17 June 30, 1987. The parties reserve the right to review at the end of each
18 calendar year, the project described herein and at that time, determine
19 whether or not it should be continued for another. year. Any continuance of
20 the agreement shall be subject to funding being provided through the source
21 described in paragraph 1.
22 9. The Project Director will participate in the' supervision of
23 nutrition site staff. Nutrition site personnel shall attend all staff and
24 Project Council meetings and training sessions and follow directions of
25 Project Director to ensure federal regulations and guidelines under Title
26 III -C(1), Older Americans Act and Area Agency on Aging are met.
27 10. It is understood and agreed by all parties hereto that in.the
28 event GARDEN GROVE terminates its participation at the end of the year or the
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1 project is not renewed for another year, all Title III funded project
2 employees shall be terminated.
3 11. GARDEN GROVE agrees to indemnify, defend, and hold harmless,
4' the CITY OF SEAL BEACH, from any loss, liability, claim, suit or judgment
5 resulting from work or acts done or omitted by GARDEN GROVE in carrying out
6 this agreement. SEAL BEACH agrees to indemnify, defend, and hold harmless
7 GARDEN GROVE from any loss, liability, claim, suit or judgment resulting from
8 work or acts done or omitted by GARDEN GROVE in carrying out this agreement.
9 These provisions are included in accordance with Government Code Section 895.4
10 and are applicable to all parties hereto.
11 12. SEAL BEACH shall allow GARDEN GROVE, State, Federal and
12 County government administration to examine all books and records prepared,
13 compiled, or kept during the period of this or similar contracts for this or
14 similar Title III Projects. All records must be maintained for a period of
15 not less than four (4) years with the following qualifications.
16 (a) The records shall be retained beyond the four -year period if
17 audit findings have not been resolved.
18 (b) Records for non - expendable property which was acquired with
19 Federal funds shall be retained for three years after its
20 final disposition.
21 (c) The retention period starts from date of submissions to the
22 final quarterly Report on Accountability for the budget year.
23 (d) Original documents, such as invoices, checks, time records,
24 and payrolls in support of direct costs, may be retained in
25 the project files or in the recipient of awards regular
26 files, provided the recipient of awards accounting records
27 contain adequate references for identifying and locating the
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1 original documents. Microfilm documents may b= .
• 2 submitted for original records.
3 13. GARDEN GROVE shall provide:
4 (a) Hot lunches up to 125 meals per day to be served a.
5, the nutrition site designated in paragraph 3.
6 (b) Up to 75 meals per day, five days a week, to b-
7 packaged for home delivery.
8 (c) Mileage reimbursement for individuals using non -Cit
9 vehicles in the program, subject to the followin' ,
10 provisions: Each person driving a non -City vehicle
11 shall be entitled to twenty -five cents (25t) per mile
12 driven under the program. Individuals shall fall into
13 two (2) categories - -those who are volunteers shall
14 constitute independent contractors, and -GARDEN GROVE
15 shall have no liability in regard to their activities
16 other than paying for mileage that they may drive in
17 connection with the program; the second category shall
1 8 be those individuals who are employees of the City and
19 have been so identified by virtue of City recrpitment
20 and City records reflecting their name as a City
21 employee.
• 22 (d) Four (4) hours per week of program outreach functions.
23 (e) Collection of meals donation as stated in CDA's Manual
24 (Appendix A) page 250, 17.
25 (f) Deliver donations to central kitchen the working day
26 following collection of donation.
27 (g) Notify kitchen of the number of meals required, 48
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28 hours in advance. t
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mil, • • '
1 (h) Representation by Senior
y participants at "The P.rojecir•
2 Council ".
3 14. SEAL BEACH shall provide:
4 (a) One nutrition site where meals are served, available
5 three hours each day, that is clean, neat, has
6 adequate lighting and ventilation and meets all
7 applicable health, fire safety, and sanitation
8 regulations.
9 (b) Funding in the amount of Five Thousand Twenty and
10 no /100 Dollars ($5,020.00) for staff to coordinate the
11 congregate and home meals programs at the nutrition
12 site. The funding formula is 1,000 hours of site
13 manager time at $5.02 per hour.
14 15. To the maximum extent feasible, the project shall provide
15 opportunities for voluntary participation of individuals in all aspects of
16 project operations. Volunteer opportunities will be available to persons of
17 all ages.
18 16. Allocation of meals provided shall be subject to funding
19 coming from GARDEN GROVE through Title IIIC(1) and C(2) Older Americans Act.
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1 The parties hereto have executed the agreement the day and year
2 first appearing herein.
3
4 ir Y OF GARDEN GROVE
5
AT : 4 ), ,
'�' i /�� Mayor •
6 o r ity e7 y • ,
7 APPROVED TO FORM: Approved: 10/6/86
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9 it Attor ey •
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CITY OF SEAL BEACH
11 ,'TTEST: / l
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Ma proTempore
13 c erk gr
14 ROV;D AS TO FOR •
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ity 'tt'ene •
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