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CC Resolution 11049RESOLUTION NO. 11049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING ONE-YEAR EXTENSIONS TO THE AGREEMENTS WITH SANTA CLARA COUNTY AND COMPASS GROUP USA, I NC. FOR THE PROVISION OF PROGRAM ADMINISTRATION AND MEALS FOR THE SENIOR NUTRITION PROGRAM FOR 2009-10. WHEREAS, the City of Campbell recognizes the need for a nutritious meal program for senior citizens in Campbell; and WHEREAS, the City agrees to share in the cost and administration of operating a Senior Nutrition Program with Santa Clara County; and WHEREAS, Compass Group USA, Inc. (Bateman Division) has been designated by the County as the approved caterer for meals for the City/County Nutrition Program for fiscal year 2009-10; and WHEREAS, amendments to the Master Agreements with Santa Clara County and Compass Group USA, Inc. are required to extend the terms for one year and clarify the financial obligations of each party. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the City Manager to execute the amendments to the Master Agreements with Santa Clara County and Compass Group USA, Inc. to continue to provide the Senior Nutrition Program in Campbell for fiscal year 2009-10. PASSED AND ADOPTED this 16th day of June, 2009 by the following roll call vote: AYES: Councilmembers: Kotowski, Furtado, Baker, Low, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: rie P. Kennedy, Mayor ATTEST: ~` A e Bybee, City Clerk ATTACHMENT 2 Fourth Amendment to the Master Contract Between the County of Santa Clara and the City of Campbell This is the Fourth Amendment to the Master Contract between the County of Santa Clara (COUNTY) and City of Campbell (CONTRACTOR) entered into on July 01, 2006 to provide Senior Nutrition Services. On May 20, 2009, the Board of Supervisors approved the Delegation of Authority to the Social Services Agency (SSA) Director, or designee, to negotiate, execute,. amend, and terminate. The Delegation of Authority for this Contract will expire on June 30, 2010. Background The purpose of this Amendment is to extend the contract term for one additional year to June 30, 2010 and augment funds by $45,316. The additional funding is included in the revised Maximum Financial Obligation. The attached Meals and Program Budget reflect the services and fiscal budget for the extended term. This Contract is amended as follows 1. Section 1, on page 23, TERM OF CONTRACT is revised to read: This contract commences on July 01, 2006 and expires on June 30, 2010, unless terminated earlier or otherwise amended. 2. Section 3, on page 23, MAXIMUM FINANCIAL OBLIGATION is revised to read: CONTRACTOR is entitled to reimbursement for actual allowable expenditures subject to the provisions of this Contract, not to exceed $36,306 in FY 2006-2007, not to exceed $40,873 in FY 2007-2008, not to exceed $46,971 in FY 2008-2009, and not to exceed $45,316 in FY 2009-2010. 3. Add Attachment C-10, BUDGET SUMMARY and PAYMENT PROVISIONS for FY 2009-2010. All other terms and conditions of the agreement remain in full force and effect. // // // // // // Fourth Amendment to the Contract between the County of Santa Clara and City of Campbell Page 1 of 2 In the event of a conflict between the original Contract and this amendment, this amendment controls. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereby agree to the terms of this Contract. COUNTY OF SANTA CLARA By: Will Lightbourne Date Director, Social Services Agency ~~CONTRACTOR By: _ Name: Title: APPROVED AS TO FORM AND LEGALITY A' ~ a { 1-'- ~~ Kristin aker ~~-ate Deputy County Counsel Date APPROVED BY: Luke Leung Deputy County Executive Attachments: C-10 Budget Summary and Payment Provisions FY 2009-2010 Fourth Amendment to the Contract between the County of Santa Clara and City of Campbell Date Page 2 of 2 ATTACHMENT 3 Attachment C-10 Budget Summary & Payment Provisions FY 2009-2010 Santa Clara County- Social Services Agency Senior Nutrition Program CITY OF CAMPBELL Budget - FY 09/10 Numberof Meals 42 248 10,416 M-F Daily Days/Year Annual 1. Personnel $ 34,309 a. Site Manager $ 19,726 b. Kitchen Aide #1 $ 14,583 2. Operation Costs $ 12,823 Usage Costs @ .463/meal $ 4,823 Outreach Transportation $ 8,000 3. Variance $ 2,gOg Insurance/Worker Comp. $ - Fiscal $ _ Staff Mileage @ $0.585/mi $ - Equipment & Repair $ 118 Non-Food Items (a~.268/meal $ 2,791 4. Food Costs Bateman Catered $ 4.202 10,416 $ 43,768 Food Cost Annual Meals 5. Program Budget $ 80,986 6 Other Deductible: City Share 50% City contribution $ 40,493 Usage Costs $ 4,823 7. CONTRACT AMOUNT $ 45,316 County Funded Outreach Pool (F17) $ 8,000 Personnel Detail Hourly Sick Hours Days Rate Earnings Fringe Vacation Leave Medical Total Site Manager 4.00 259 13.49 13,976 1,516 540 648 3,047 19,726 Kitchen Aide #1 4.00 259 9.33 9,666 1,049 373 448 3,047 14,583 Total Personnel Costs 23,642 2,565 913 1,095 6,094 34,309 Formula Days 248 + 11 holidays Earnings Hours x Days x Hourly Rate Fringe 10% of (Earnings+Vacation+Sick Leave) Vacation Hours x 10 x Hourly Rate Sick Leav Hours x 12 x Hourly Rate Attachment C-10 Budget Summary FY 2009-2010 Page 1 of 4 Attachment C-10 Budget Summary & Payment Provisions FY 2009-2010 Payment Provisions . CONTRACTOR understands and agrees that this Contract is acost-reimbursement contract. All references to "you" in this Attachment refer to CONTRACTOR. You can only be reimbursed for expenses paid out in a report month. The Line Item allocations represent the maximum annual amount available for your budget. Once the contracted line item allocations balances have been used, you cannot continue to .claim a.current monthly expenditure reimbursement for these items. You may want to note on the bottom of the monthly expenditure report if you have a continuing expense over and above a zero balance line item or you may want to keep a separate record of your actual expenditures. This may help if you request a line item transfer or may help justify a change in your budget during the annual budget preparation meetings. Please see LINE ITEM CHANGES** (See Below) for more information. These Line Item Definitions are part of the contract standards that were recommended by the Nutrition Contract Standards Committee and approved by the Board of Supervisors on March 10, 1998. Please refer accounting questions to Senior Nutrition Program (SNP) Accounting Staff and budget questions to the SNP Management Analyst. 1. PERSONNEL -Salaries and personnel expenses paid out during the report month should be claimed for all Nutrition employees that work and are authorized by your contract. Employee positions not filled cannot be claimed. Changes in personnel or circumstances that require a substitute should be reported to your assigned Dietitian prior to filling the position, explaining the reason for the change. Please indicate if this is a permanent or temporary change. Fringe -This covers employer paid payroll taxes: FICA (Social Security and Medicare) and SDI (both Federal and State). It is currently budgeted at 10% of the budgeted salary including vacation and sick. You can report the actual amount up to the budgeted amount. At fiscal year end, you may request to transfer any extra budget amount to other line items. () Sick Leave -This covers sick leave paid to the SNP budgeted staff. The County budgets 12 paid sick leave days (prorated to the number of hours the employee works and serving days). Unused sick leave amount cannot be paid off to the staff member, but can be transferred to other line items. Unused sick leave amount which is not transferred to other line items will be returned to the County general fund. County does not accrue any unused sick leave for the SNP staff. County can only reimburse the actual amount taken, not the allocated amount. Medical -This covers health insurance costs. You can report the actual amount up to the budgeted amount for each budgeted staff. It does not cover spouse or dependents. It is for medical only and does not include dental or vision. If receiving County Kaiser, allocation will be deducted in Line Item 6 "Other Deductible". If your agency does not provide health insurance, this amount can be distributed to the budgeted staff as allowance for purchasing his/her own health plan. If this amount is not claimed or distributed for medical insurance, it cannot be transferred to another line item. P,ttachment C-10 Budget Summary FY 2009-2010 Page 2 of 4 Attachment C-10 Budget Summary & Payment Provisions FY 2009-2010 2. OPERATION COSTS Usage Costs -This allowance is for rent or lease costs incurred and paid by your agency. You are reimbursed for rent or lease payments allocated to the Nutrition Program of the current per meal rate ($0.472) for monthly meals served up to your budgeted allocation. If you share building or housing costs with other programs you must be able to verify and document how you pro-rate the amount charged to the Nutrition Program. Some sites do not pay rent or lease and are not budgeted for this line item. Overhead -This category is an allowance for utilities (heating/electricity, telephone, janitorial services, and office supplies, printing, water softener or pest control) needed to support your nutrition site, incurred and paid by your agency. You are reimbursed at the current per meal overhead rate ($0.186) for monthly meals served up to your budgeted allocation. If the costs are shared with other programs, you must be able to verify how you pro-rate the amount charged to the Nutrition Program. Some sites are not budgeted for this line item. Site Transportation -Most sites use the Outreach Transportation line item (See next line item). Some sites transport seniors to and from the nutrition program with their own van, bus or car. You can only claim for expenses paid out in the report month. A daily transportation log of who is picked up and returned, and mileage claimed must be available for verification. Private transportation by persons in their own vehicles are not reimbursable expenses unless all automobile insurance requirements, including assigning the County and the Sponsoring Agency as "other insured" on the driver's certificate of insurance are met. In some cases, a commercial driver's license is also necessary for the driver of an agency's bus, van or car. Outreach Transportation -This allowance is negotiated with the contractor to transport seniors who are eligible to receive Outreach Transportation Services. Unless your agency is contracting directly for Outreach Transportation Services, this amount is entered into your budget and is part of the County Nutrition Outreach Contract that pools all Outreach allowances. You do not deduct for this line item if you are part of the County Outreach Pool. The amount is deducted from your budget in Line Item 6, "Other Deductible" (See Below). You will receive a copy of the Outreach expenses that are deducted from your portion of the pool each month for rides to and from your site and are paid directly by the County each month. Only senior nutrition participants are able to have their rides reimbursed. Attachment C-10 Budget Summary FY 2009-2010 Page 3 of 4 Attachment C-10 Budget Summary & Payment Provisions FY 2009-2010 3. VARIANCE CATEGORIES Insurance/VVorker's Compensation -This is an allowance for insurance or worker's compensation insurance payments that are actually paid out in the report month. You are only reimbursed for actual payments made. If your agency pays for other programs, only the pro-rated amount paid for the Nutrition Program Employees is allowable as an expense. Fiscal -This allowance is for bookkeeping, accounting and payment for the annual audit. If you share bookkeeping and accounting..expenses with other. non- nutrition programs, only the portion allocated and paid out for the nutrition program is allowable for reimbursement. You must document and be able to verify how you pro-rate your expenses towards the Nutrition Program. Documentation of the. expense and when the expense was incurred must be available to the County when requested. Staff Mileage -This allowance is for nutrition employees who are required to attend Nutrition Staff Meetings or Trainings. Mileage to and from meetings is reimbursed at the County rate ($0.55 per mile). The amount allocated is determined by your yearly usage. Equipment and Repair -This allowance is for small equipment and repair expenses. * The Nutrition Equipment Committee reviews requests for other equipment that exceed your budgeted amount. The amount of funds available through the Equipment Committee varies each year. Check with your Dietitian if you wish to submit a request. Non-Food Items -This allowance will cover the cost of paper products, utensils, serving dishes, cleaning supplies and laundry. 4. FOOD COSTS -This is the allowance for food expenses. Based on whether you are a cook-on-site or a catered meal site, you may claim for raw food costs, restaurant catered meals or vendor catered meals. Some sites will have a combination of raw and catered food expenses. 5. TOTAL BUDGET -This is the total program budget amount before any deductibles 6. OTHER DEDUCTIBLE -This line item will show items (if applicable) that are deducted from the budget. This may include the following items, but will not apply to all budgets: County Outreach Transportation City Grants or Contributions County Kaiser Community Development Block Grants (CDBG) Contractor Contribution Amount Other Income Contributions 7. CONTRACT AMOUNT -Final contracted budget for the site ** LINE ITEM CHANGES -May be requested in writing by CONTRACTOR'S Agency Representative. Submit line item requests during the year when you first become aware of a need to transfer funds between line items. Do not assume that line item transfers will be authorized. Final line item transfer requests for fiscal year ending June 30 are to be submitted no later than the first Friday of June. The SNP Program Manager and the Nutrition Services Manager will review these requests for approval or disapproval. Any line item request must have funds available in your budget and be accompanied by an explanation of the reason for the request. Additional verification may be requested. The SNP Program Manager has final approval or disapproval authority for any line item change request. Attachment C-10 Budget Summary FY 2009-2010 Page 4 of 4 SIXTH AMENDMENT TO AGREEMENT This Sixth Amendment ("Amendment") is effective July 1, 2009 and is between Campbell Adult Center ("Client") and Compass Group USA, Inc. by and through its Bateman Division ("Contractor") (collectively the "Parties"). WHEREAS, Contractor and the County of Santa Clara ("County") are parties to an agreement effective July 1, 2008 ("County Agreement") pursuant to which Contractor is contracted to provide home delivered and congregate food services ("Services") to certain County agencies; WHEREAS, Client is deemed a County agency under the County Agreement and desires Contractor to provide Services to Client subject to certain terms and conditions therein; WHEREAS, Client and Bateman are parties to a certain agreement dated July 1, 2004 and as amended June 16, 2005, August 9, 2005, July 1, 2007, July 26, 2007, and July 1, 2008 (collectively the "Agreement") whereby Bateman manages Client's home delivered and congregate meal program; WHEREAS, the Parties now desire to further amend the aforesaid Agreement; NOW, THEREFORE, in consideration of the promises contained herein and for other good and valuable consideration, the Parties hereby agree as follows: Agreement. Definitions. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the 2. Meal Rate. In connection with the Services provided by Contractor, Contractor shall charge Client a bulk meal rate of $4.202 for Agreement year 2009-2010 as stipulated in the County Agreement. Accordingly, the meal rate as set forth in Section 1, Second Paragraph of Exhibit A to the Agreement is hereby modified to reflect the foregoing meal rate. 3. Term. The term of the Agreement is hereby extended for an additional one (1) year period commencing on July 1, 2009 and ending on June 30, 2010. 4. Confirmation and Integration. Except as otherwise amended by this Amendment, the Parties hereby confirm and ratify the terms and conditions of the Agreement in its entirety. The Agreement, as amended hereby, constitutes the entire agreement between the Parties and their predecessors pertaining to the subject matter of the Agreement, as so amended, and supersedes all prior and contemporaneous agreements and understandings of the Parties and their predecessors in connection therewith. 5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall constitute an original and all of which together shall constitute but one and the same original document. 6. Headings. The section headings herein are for convenience only and do not define, limit or construe the contents of such sections. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be signed by their duly authorized officers, all done the day and year first above written. CAMPBELL ADULT CENTER ~ :~ By: ~ f rl ItS: Daniel Rich, City DZariager Date: ~ ~ (~~- ~; COMPASS GROUP USA, INC. by and through its Batem~n Division Its: Regional~/ice President Date: