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.
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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: