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HomeMy WebLinkAboutItem 19 - Senior Meals Program Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program AGENDA TITLE: Approve an Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an Amount Not to Exceed $90,290 for the Period July 1, 2021 to June 30, 2022 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program in an amount not to exceed $90,290 for the period July 1, 2021 to June 30, 2022, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Meals on Wheels (MOW) Orange County provides the Home Delivered Meals and Senior Lunch programs to the City of Santa Ana. MOW prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100 percent of the U. S. Nutritional Recommended Daily Allowance, consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff, as well as the calls and/or visits from caseworkers who regularly check on their well-being. The Senior Lunch Program helps alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and/or on a limited income. This nutrition program is normally available at two sites in Santa Ana (Santa Ana Senior Center and Southwest Senior Center) and seeks to enhance the physical and mental well-being of the elderly population by: Encouraging a sense of dignity Providing stimulating activities and volunteer opportunities Augmenting participants’ financial resources by providing donation-based meals In response to the COVID-19 epidemic, MOW is offering an alternative for seniors to get their meals through the Lunch Cafe (Grab & Go) Program, which occurs at the Santa Ana Senior Center and Southwest Senior Center. The program is to protect the health and Agreement with Community SeniorServ, Inc. dba Meals On Wheels Orange County for the Senior Meals Program June 15, 2021 Page 2 1 7 4 9 safety of all participants, while also taking all necessary and deliberative steps to assure continuity and avoid the disruption of nutritional services. As part of the fiscal year 2021/22 budget process, $90,290 in general fund monies was proposed to be included in the Parks, Recreation and Community Services Agency’s budget to provide these programs to Santa Ana seniors. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified year: Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount FY 21-22 01113230- 62300 General Fund PRCSA-Recreation & Comm. Svc, Contractual Services-Professional $90,290 EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager 1 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNNITY SENIORSERV, INC DBA MEALS ON WHEELS ORANGE COUNTY FOR A SENIOR MEALS PROGRAMS THIS AGREEMENT is made and entered into on this 15th day of June, 2021 by and between Community SeniorServ, Inc. a California nonprofit corporation doing business as Meals on Wheels Orange County (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain Contractor to participate in delivering meals to homebound senior residents and providing meals for senior residents at City senior centers. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall deliver a total of three nutritious meals, five days a week, to participants’ homes along with case management services through the Home Delivered Meal Program (“HDM”). In addition, Contractor will deliver nutritional lunches to participants at the Southwest Senior Center and the Santa Ana Senior Center as part of the Lunch Café (Grab & Go) Program. All participants in the program will be enrolled through the City of Santa Ana Parks, Recreation and Community Services Agency. Programs shall operate as outlined in the attached Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $90,290. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by Cit y. Exhibit 1 2 3.TERM This Agreement shall commence on July 1, 2021 and terminate on June 30, 2022, unless terminated earlier in accordance with Section 15, below. The parties agree that certain specified sections of this Agreement will survive termination or expiration of the Agreement. 4.INDEPENDENT CONTRACTOR Contractor and its employees, agents and officers shall, during the entire term of this Agreement, be construed to be independent contractors and not employees of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Contractor is not an agent, representative, or employee of the City and Contractor shall have no authority to act on behalf of the City. 5.INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a.Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence, with $4,000,000 in the aggregate. b.Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c.Worker’s Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against Exhibit 1 3 liability for worker’s compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. Sexual Abuse or Molestation (SAM) Liability: either the commercial general liability policy must be endorsed to include affirmative coverage for sexual abuse or molestation or Contractor shall obtain and maintain a separate policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 1) If Contractor maintains broader coverage or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. 2) Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. 3) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 4) For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents and volunteers. 5) Contractor agrees that it will fill out whatever paperwork is necessary for Contractor’s insurance company to waive all rights of subrogation against City, its elected or appointed officers, officials, agents or employees for losses paid under the terms of any policy, which arise from work performed by the Contractor for the Entity. 6) Certificates of insurance including all required amendatory endorsements and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements shall be furnished to the City upon execution of this Agreement and shall be approved by the City. City reserves the rights to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. 7) No work shall be done pursuant to this Agreement until certificates of insurance are approved by the City. 8) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. 9) Insurance coverage pursuant to this Agreement is to be placed with insurers authorized to conduct business in California with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Exhibit 1 4 f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Contractor’s right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. This indemnification provision shall survive expiration or termination of this Agreement. 7. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. This records provision shall survive expiration or termination of this Agreement. Exhibit 1 5 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. This confidentiality provision shall survive expiration or termination of this Agreement. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. BACKGROUND CHECK Provider shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in Exhibit 1 6 the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With copy to: Executive Director Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Community SeniorServ, Inc. dba Meals on Wheels Orange County 1200 N. Knollwood Circle Anaheim, CA 92801 Fax (714) 220-1374 Attn: Holly Hagler, President & CEO A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Exhibit 1 7 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, it may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services , which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 14. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15. TERMINATION This Agreement may be terminated by the City upon fifteen (15) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to the effective date of termination. 16. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. This jurisdiction provision will survive expiration or termination of this Agreement. Exhibit 1 8 18. LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. COMPLIANCE WITH LAWS Contractor shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. 20. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 21. EXHIBITS All Exhibits referenced herein and/ or attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound by the provisions of this Agreement. 23. COUNTERPARTS This Agreement may be executed by the parties hereto in separate counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all of the parties hereto. Exhibit 1 9 24. ELECTRONIC SIGNATURES This Agreement and counterparts of this Agreement may be executed and delivered by facsimile or other electronic means by any of the parties to this Agreement. The facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ________________________ _________________________ Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney By: _____________________ ____________________________ Laura A. Rossini Holly Hagler Chief Assistant City Attorney President & CEO RECOMMENDED FOR APPROVAL ____________________________ Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency Exhibit 1 10 EXHIBIT A Exhibit 1 Name of Organization Name of Funded Program Annual Accomplishment Goal 8,500 Participants 700 Participants Program and Funding Description Schedule of Performance Quarter 1: July 1 ‐ September 30 400 Participants Quarter 2: October 1 ‐ December 31 150 Participants Quarter 3: January 1 ‐ March 31 100 Participants Quarter 4: April 1 ‐June 30 50 Participants 700 Total unduplicated Santa Ana Participants to be served. Schedule of Invoicing Quarter 1: July 1 ‐ September 30 22572.5 0 Quarter 2: October 1 ‐ December 31 22572.5 Quarter 3: January 1 ‐ March 31 22572.5 Quarter 4: April 1 ‐June 30 22572.5 90,290.00$      Total Grant City of Santa Ana Scope of Work Meals on Wheels Orange County Home Delivered and Lunch Café/Grab & Go Meals Programs I.  Total number of unduplicated Participants (Santa Ana and Non‐Santa Ana participants) anticipated to be served by  the funded program, named above, during the 12‐month contract period. II.  Number of ONLY unduplicated Santa Ana Participants to be served by the funded program, named above, during  the 12‐month contract period. Estimate the number of ONLY unduplicated Santa Ana participants to be served by the funded program during the 12‐ month contract period per quarter.  (Enter number of new Santa Ana Participants served each quarter.  If they were  served in quarter 1 do not count them again in quarter 2) Estimate the amount of grant funds to be requested during the 12‐month contract period on a quarterly basis. For Fiscal Year 21‐22, Santa Ana discretionary funds in the amount of $90,290 will be utilized to help fund the raw  food costs of home delivered and Lunch Cafe/Grab & Go meals to Santa Ana older adult participants from July 1,  2021‐June 30, 2022. Home Delivered Meal Program: Participants in the HDM Program will receive a total of 3 nutritious meals, 5 days a week delivered to their home  along with case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case  management services will be provided by Meals on Wheels Orange County Case Managers. Participants will also  have access to other services at no charge including in‐home services, respite services, home safety equipment,  and other resources.  Lunch Cafe (Grab & Go) Program: Participants in this program will be provided with nutritional lunches at 2 sites in Santa Ana ‐Southwest Senior  Center and Santa Ana Senior Center. Exhibit 1