(a) Professional shall deliver copies of all work prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement after Professional has commenced any Services under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information, as in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by the City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with Section 20.
(c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
Section 16. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional’s performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
Section 17. Cancellation for Breach by Either Party . Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the Services required by this Agreement.
In the event of cancellation by either Party, copies of all finished or unfinished Products shall become the property of City.
ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
Section 18. Non-Discrimination. In its performance of the Services, Professional shall adhere to the City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment wit h the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
Section 19. Arbitration of Disputes. All claims, disputes and other matters in question between City and Professional arising out of, or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispu te or other matter in question would be barred by the applicable statute of limitations.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.
ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
(c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.
(d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
Section 20. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII, and will provide the City with written proof of said insurance. Professional shall maintain coverage as follows:
20.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for b odily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to work performed under this Agreement or the general aggregate shall be Two Million Dollars ($2,000,000.00).
20.2. Worker's Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code.
Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.
20.3. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of One Million Dollars ($1,000,000) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
20.4. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain an y endorsement that may be necessary to affect this waiver of subrogation.
Section 21. Additional Insurance Requirements . Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required worker’s compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worker’s compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of the Professional; products and completed operations of the Professional; premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to the City; (c) be primary with respect to any insurance or self- insurance programs covering City or City’s Agents and any insurance or self -insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (d) contain standard separation of insured provisions ; and (e) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to the City.
Section 22. Indemnification by Professional. To the fullest extent permitted by law Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless the City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents , but shall apply to all other Liabilities. With respect to third -party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
Section 23. Liability of City . Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 24. Independent Contractor . At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the services required under this Agreement. Professional shall be liable for its acts and omissions, and those of its employees , contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofa r as the result of Professional’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
Section 25. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
Section 26. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
Section 27. Notices. Any notice or communication required hereunder between City and Professional must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received u pon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address i n substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attention: City Clerk
Tel: (209) 538-5731
With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attention: City Manager
Tel: (209) 538-5751
Fax: (209) 538-5780
and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia Goldstein
Tel: (916) 468-0946
Fax: (916) 468-0951
ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
If to Professional: VIP Audio Visual Company
Attention: Manny Peregrina
PO Box 10693
Pleasanton, California 94588
Tel: (925) 236-0583
Section 28. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement:
Exhibit Designation Exhibit Title
Exhibit A: Proposal for Audio-Visual Technician Services
Section 29. General Provisions.
29.1. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
29.2. Waiver. No covenant, term, condition, or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
29.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
29.4. Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
29.5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
29.6. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.
29.7. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be inva lid and ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
29.8. Counterparts. This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
29.9. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
29.10. Entire Agreement . This Agreement , together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
29.11. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
29.12. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
29.13. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
29.14. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
29.15. Attorney’s Fees and Costs . If any action, at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
29.16. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
29.17. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
ITEM 14
{CW117517.2} PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, this Agreement has been entered into by and between City and Professional as of the Effective Date.
CITY:
City of Ceres, a municipal corporation of the
State of California
By: _
Douglas D. Dunford, City Manager
Date Signed:
PROFESSIONAL:
VIP Audio Visual Company , a California S
Corporation
By:
Manny Peregrina, President
Date Signed:
Approved as to Form:
By:
Nubia I. Goldstein, City Attorney
Attest:
By:
Fallon Martin, City Clerk
ITEM 14
Job Date:
Contact Name:
Client:
Phone:
Fax:
Email:
Job Location:
Contact:
Phone:
Delivery:
7/8/2024 10:00 AM
Set Time: 7/8/2024 10:00 AM
Show Time: 7/8/2024 10:00 AM
End Time: 7/8/2024 6:00 PM
Pick-Up: 7/8/2024 6:00 PM
03/04/2024
Fallon Martin
City of Ceres
2701 Fourth Street
Ceres CA 95307
City of Ceres
City of Ceres
Event Schedule
Quote Status:
Quote By:
Job #:
PO #:
Invoice To:
Terms:
Pleasanton, CA 94588
PO Box 10693
Voice:925-236-0583
Active
Manny Peregrina
3 - 238811
Invoice #: 3 -
Fallon Martin
2701 Fourth Street
Ceres ,CA 95307
Job: Ceres City Council Chambers, AV Fixes and Upgrades Council ChamberCouncil ChamberCouncil ChamberCouncil Chamber Quantity Description Duration Price Subtotal
1 TesiraFORTÉ AVB VT Fixed I/O DSP with 12 analog inputs, 8 analog 1 Days $3,350.00 $3,350.00 1 TesiraFORTÉ AVB CI Fixed I/O DSP with 12 analog inputs, 8 analog 1 Days $3,700.00 $3,700.00 1 TesiraCONNECT TC-5D 5-port expansion device with AVB to Dante 1 Days $1,900.00 $1,900.00 1 Biamp Tesira Ex- UBT 1 Days $879.00 $879.00
3 PTC-150TL HDBaseT HD/SD-SDI PTZ camera. Without HDBaseT 1 Days $1,920.00 $5,760.00 3 WM-1 KIT Kit includes: WM-1 and RKM-125 The metal pole not 1 Days $335.00 $1,005.00 1 Creative T60 2.0 Bluetooth Speaker System - 30 W RMS - Black 1 Days $95.00 $95.00 1 DTP T HWP 4K 231 Transmits HDMI plus control and analog audio 1 Days $650.00 $650.00 1 Camera Switcher and controller HS-1600T MARK II 4 input HDBaseT 1 Days $5,599.00 $5,599.00 1 (500) feet of CAT6 shielded cabling with connectors 1 Days $950.00 $950.00 Total Council Chamber $23,888.00
Quantity Description Duration Price Subtotal
5 ULXD4-G50 Receiver 1 Days $1,127.00 $5,635.00
5 ULXD8-G50 Microphone (gooseneck) 1 Days $553.00 $2,765.00 5 MX415LPDF/C Microphone instrument 1 Days $251.00 $1,255.00 1 UA844+SWB Antenna distribution 1 Days $614.00 $614.00 Total $10,269.00
LABOR LABOR LABOR LABOR
Date Start End QTY Personnel/Task Duration Unit Price Sub Total 1 5 Extra Mics installation/Configuration 4 Hours $140.00 $560.00
EXHIBIT A
ITEM 14
LABOR LABOR LABOR LABOR
Date Start End QTY Personnel/Task Duration Unit Price Sub Total 1 Onsite commissioning/ Engineer Config 34 Hours $160.00 $5,440.00 1 Pre-Onsite: Pre-Programming/Engineer 45 Hours $160.00 $7,200.00 3 Technician/Run cables and re wire rack 16 Hours $140.00 $6,720.00 1 Training/Training 4 Hours $160.00 $640.00
Total LABOR $20,560.00
Product Total: $34,157.00
Service Charge: $0.00
Labor: $20,560.00
Tax: $2,862.36
Job Total: $57,579.36
Notes:
(1). Pre-Onsite (2). Onsite Commissioning (3). Building and rack wiring (4).
Training (5). Post Onsite, Finalization
ITEM 14
ITEM 14
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:
Resolution No. 2024- XX, Approving a Memorandum of
Understanding with the Stanislaus County Area Agency on Aging for the S enior Lunch Program and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:
Staf
f recommends the City Council approve a Memorandum of Understanding (MOU) with the Stanislaus County Area Agency on Aging. This MOU will be effective through June 30, 2025.
I. BACKGROUND:
The seni
or Nutrition Program is designed to provide nutritious meals to seniors, particularly those with limited access to adequate nutrition. This program aims to alleviate food insecurity, enhance the quality of life, and support the health of elderly residents.
The initiative aligns with our mission to support the well-being of all community members, particularly vulnerable populations such as the seniors.
II. REASONS FOR RECOMMENDATION:
1. Community Service: Hosting this program demonstrates our commitment to support the community and quality of life for seniors.
2. Health and wellness: Access to nutritious meals is crucial for the health and wellbeing of seniors many of whom struggle with food insecurities. This will contribute to their overall health.
3. Collaboration between our two agencies, promotes a unified approach to addressing local issues.
II. FIS
CAL IMPACTS:
The ini
tiative carries no fiscal impact on our operations, as it will be utilizing existing resources efficiently benefit seniors in need.
ITEM 15
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
Council could choose to not approve the Memorandum of Understanding.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval the City Manager will sign the Memorandum of Understanding with the Stanislaus County Area Agency on Aging.
Approved by: _______________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – MOU
ITEM 15
RESOLUTION NO. 2024-XXX
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
STANISLAUS COUNTY AREA AGENCY ON AGING FOR THE SENIOR
LUNCH PROGRAM AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING
THE CITY COUNCIL
City of Ceres
WHEREAS, City of Ceres Recreation Department and Stanislaus County Area Agency of Aging identified a need to provide nutritional support to senior citizens within the county to improve their health and quality of life; and WHEREAS, City of Ceres Recreation Department and Stanislaus County Areas Agency on Aging determined this collaboration in this initiative will ensure the effective distribution of nutritious meals and facilitate community engagement activities for seniors; and
WHEREAS, City of Ceres is committed to enhance the well -being of seniors by providing essential services, including nutritious support and social engagement opportunities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for the Senior Lunch Program and authorizes the City Manager to execute the Memorandum of Understanding.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:
AYES: C
ouncilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
___________________________
Fallon Martin, City Clerk
ITEM 15
ATTACHMENT A
ITEM 15
AGREEMENT
Memorandum of Understanding between
The Stanislaus County Area Agency on Aging,
The City of Ceres, and Ceres Community Center
This agreement is made by and between the Stanislaus County Area Agency on Aging (AAA), the City of Ceres, and the Ceres Community Center (a non-profit corporation) to operate the Senior Nutrition Luncheon site. This MOU will be in effect from July 1, 2024, through June 30, 2025, and may be renewed annually upon approval by all parties.
In consideration of the mutual promises and covenants contained herein, these agencies agree as follows:
The City of Ceres and Ceres Community Center shall:
a. Support the Senior Nutrition Luncheon program.
b. Location/Space: Provide appropriate space to establish and maintain a Senior Nutrition Luncheon site at the Ceres Community Center, 2701 4th Street, Ceres, California. Grant AAA access to the kitchen and dining/programming space from 10:30 a.m. - 1 :30 p.m. weekly on Monday, Tuesday, Wednesday, and Thursday. As funding is provided through the California Department of Aging to the AAA, additional days may be added.
The space shall consist of the following facilities:
i. Kitchen: Provide AAA access to appropriate kitchen facilities, as approved by the Stanislaus County Environmental Health Department, for assembling and serving of meals and dishwashing facilities as needed. All serving and service pans are to be rinsed at the site; dishwashing and sanitizing is provided by central kitchen/caterer.
Pans/utensils are rinsed and then returned to caterer/meal vendor's kitchen daily for washing and sanitizing.
ii. Dining/Programming: Provide AAA and its caterer/meal vendor access to the dining room for serving of the meal and programming. Any presentations/programming to the senior lunch participants must be pre- approved by the AAA. No solicitation/sales presentations are permitted.
iii. Storage: Provide storage for disposable goods, supplies, and service ware.
Iv. Disposal: Provide AAA access to an appropriate location to dispose of trash while operating the Senior Nutrition Luncheon site. c. Cooperate with Elderly Nutrition Program and County Department of Environmental Health (DER) and abide by the rules and regulations. DER Meal service permit held by the AAA.
d. Advertise the program on the City of Ceres social media platforms and through the regularly scheduled senior activities.
Area Agency on Aging will:
a. Provide staff (Site Manager) and the meal site program operations. All meal staff/participant concerns shall be referred to AAA program administrators. The
ATTACHMENT B
ITEM 15
ITEM 15
ITEM 15
ITEM 15
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 8, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:
Resolution No. 2024-XXX, Approving a Memorandum of
Understanding with the Stanislaus County Area Agency on Aging for the Senior Special Events and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council approve a Memorandum of Understanding (MOU) with the Stanislaus County Area Agency on Aging. This MOU will be effective through June 30, 2025.
I. BACKGROUND:
The senior population in our community is growing, with many facing challenges in accessing nutritious foods due to fixed incomes, mobility issues, and other barriers.
Ensuring food security for this vulnerable population is critical for their well-being and aligns with our commitment to support elderly citizens.
II. REASONS FOR RECOMMENDATION:
1. The senior population have had a significant decrease in food security due to the disruption of supply chains, loss of income, and heightened health risks. Many seniors, already live in a fixed income and found themselves struggling to afford basic necessities including nutritious foods.
2. Supporting senior nutrition contributes to broader community recovery and stability. It reduces the strain on emergency services, and healthcare facilities as healthier seniors are less likely to require medical interventions. Furthermore, it fosters community cohesion by encouraging volunteerism and social support networks, which is vital for building relationships and encouraging physical activity.
ITEM 16
III. FISCAL IMPACTS:
Appropriating 1055.029900 funds will provide a unique opportunity to addressing pressing community needs with federal support. By leveraging these funds for the senior meals program, we can achieve a sustainable impact, that extends beyond immediate relief, by setting a foundation for ongoing community support and well-being.
The allocation of $17,000 from Appropriations 10055.029900 funds will be reimbursed by Stanislaus County Area Agency of Aging. The final invoice will be due July 6, 2025, and is considered a strategic investment that addresses food insecurities, improves health outcomes, enhances community resilience and fosters social engagement among elderly residents. This funding will be reimbursed to 10055.005636 funds. This funding aligns with our goals and supports the recovery and well-being of our seniors.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
Council could choose to not approve the Memorandum of Understanding.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval the City Manager will sign the Memorandum of Understanding with the Stanislaus County Area Agency on Aging.
Approved by: ___________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – MOU
3. Attachment C – Budget Amendment
ITEM 16
RESOLUTION NO. 2024-XXX
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
STANISLAUS COUNTY AREA AGENCY ON AGING FOR SENIOR
SPECIAL EVENTS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE MOU
THE CITY COUNCIL
City of Ceres
WHEREAS, City of Ceres Recreation Department and Stanislaus County Area Agency on Aging has determined that collaboration in this initiative will ensure the affective distribution of nutritious meals and facilitate community engagement activities for seniors; and
WHEREAS, the implementation of a comprehensive senior meal program aligns with both parties’ goals to support and uplift the senior community through efficient use of the available resources; and
WHEREAS, this MOU establishes the role, responsibilities, and commitment of both the City of Ceres Recreation Department and Stanislaus County Area Agency on Aging in the execution of the Senior Meals program initially funded by $17,000 in appropriation from 10055.029900 Funds then reimbursed by Stanislaus County Area Agency on Aging after July 6, 2025 and reimbursed in 10055.005636.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a Memorandum of Understanding with the Stanislaus County Area Agency on Aging for Senior Special Events and authorizes the City Manager to execute the Memorandum of Understanding.
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Fallon Martin, City Clerk
ITEM 16
ATTACHMENT A
ITEM 16
ITEM 16
ITEM 16
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ITEM 16
Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ITEM 16
ITEM 16
COUNCIL AGENDA REPORTCITY COUNCIL Javier Lopez, Mayor James Casey, Dist.1 Rosalinda L. Vierra, Dist. 2 Bret Silveira, Dist. 3 Daniel A. Martinez, Dist. 4 MEETING DATE: July 8, 2024 TO: Mayor and City CouncilFROM: Douglas D. Dunford, City ManagerCONTACT:Lea C. Simvoulakis, Community Development Director [email protected], (209) 538-5778SUBJECT:Resolution No. 2024-XXX, Authorizing the City Manager to Enter into an Amended Memorandum of Understanding with theStanislaus Council of Governments for the Third and Final Suballocation of the Regional Early Action Planning Grant and Approving a Budget Amendment RECOMMENDED COUNCIL ACTION: Staff recommends the City Council enter into an amended Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) for the third and final suballocation of the Regional Early Action Planning (REAP) grant and authorizing a budget amendment. I. BACKGROUND:In 2019, the California Department of Housing and Community Development (“HCD”)released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the RegionalEarly Action Planning Grant Program (“REAP”) to Councils of Governments and otherregional entities. A San Joaquin Valley (SJV) Working Group was formed, consisting ofthe eight valley regional governments, which includes the Stanislaus Council ofGovernments (StanCOG). HCD was authorized to provide up to $18,975,000 of REAPgrant funds to the members of the SJV Working Group.On August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the“Initial Grant”) to the members of the SJV Working Group. A portion of the Initial Grant wasavailable to the members of the SJV Working Group and the majority of the REAP Fundswere allocated to the local jurisdictions to assist them in complying with the RegionalHousing Needs Allocation (RHNA) numbers. For the initial disbursement, StanCOGreceived approximately $1,480,000 to distribute to the local cities.On March 17, 2021, the StanCOG Policy Board approved Resolution 20-27 which providedthe suballocation methodology of funding by percent of population. The City of Ceres’ initialITEM 17 REAP funding amount was $35,277.88. The City executed the first MOU with StanCOG on June 27, 2022. Those funds were put towards the consultant work for the Housing Element update. A third REAP funding package is now available to the SJV Working Group jurisdictions. Using the same method of apportionment adopted by the StanCOG Policy Board, Ceres will be receiving $47,846.03. These funds will go toward the budget for completing the Housing Element Update. II. REASONS FOR RECOMMENDATION: The City of Ceres used the first round of REAP grant funding on the 6thCycle Housing Element update. Staff will use this third round of REAP funding to continue to support the Housing Element work and other housing-producing projects. Passing this Resolution will authorize the City Manager to sign the amended MOU with StanCOG so that the City can receive the funds for reimbursement of the work already completed. III. FISCAL IMPACTS: The total REAP allocations for the City of Ceres is $83,123.91. These funds will help offset the $249,188.27 contract amount due to EMC Planning Group to complete the 6thCycle Housing Element Update. A budget amendment is needed to appropriate the funds to General Fund Contract Service account 10075 029900.IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN: N/AV. POLICY ALTERNATIVES: N/AVI. INTERDEPARTMENTAL COORDINATION: This staff report was drafted in coordination with StanCOG and was reviewed by the City Attorney’s Office. VII. PUBLIC PARTICIPATION: N/AVIII. ENVIRONMENTAL REVIEW:The adoption of a resolution regarding entering into an amended MOU with StanCOG is not a project under CEQA and therefore not subject to CEQA. IX. STEPS FOLLOWING APPROVAL:The REAP MOU amendment shall be executed by the City Manager and submitted to StanCOG so the reimbursement of invoices for work completed can take place. ITEM 17 Approved by: ___________________Douglas D. Dunford, City ManagerAttachments:1. Attachment A – Resolution2. Attachment B – StanCOG REAP MOU Amendment3. Attachment C – Budget Amendment ITEM 17
ITEM 17
RESOLUTION NO. 2024-XXXAUTHORIZING THE CITY MANGER TO ENTER INTO AN AMENDED MEMORANDUM OF UNDERSTANDING WITH THE STANISLAUS COUNCIL OF GOVERNMENTS FOR THE THIRD AND FINAL SUBALLOCATION OF THE REGIONAL EARLY ACTION PLANNINGGRANT AND APPROVING A BUDGET AMENDMENTTHE CITY COUNCILCity of Ceres WHEREAS, the Stanislaus Council of Governments (“StanCOG”) is the Regional Transportation Planning Agency (“RTPA”) and Metropolitan Planning Organization (“MPO”) for the Stanislaus region, pursuant to State and Federal designation; andWHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and WHEREAS, in 2019 HCD released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning (REAP) grant funds to councils of governments and other regional entities with said funds to be released in three packages of funding; and WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a SanJoaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the “SJV Working Group”); and WHEREAS, REAP Grant funds were made available to the members of the SJV Working Group in an initial round of funding. The majority of the REAP Funds were allocated to the local jurisdictions to assist with the Regional Housing Needs Allocation (“RHNA”) numbers that were developed to update the housing element of the local jurisdictions as well as other planning activities that would increase housing production;andWHEREAS, StanCOG received approximately $1,480,000 to be distributed to the local agencies; and WHEREAS, the City of Ceres’ first allocation was in the amount of $35,277.88 to be utilized consistent with the Scope of Work as outlined in the MOU with StanCOG; andITEM 17
ATTACHMENT A
WHEREAS, the City of Ceres’ third and final allocation is $47,846.03 to be utilized consistent with the Scope of Work as outlined in the amended MOU with StanCOG; andWHEREAS, a budget amendment is needed to appropriate the funds to General Fund Contract Service account 10075 029900. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres, California, as follows: 1. The City Council of the City of Ceres hereby authorizes the City Manager to enter into an amended Memorandum of Understanding with StanCOG for the third and final suballocation of $47,846.03 in Regional Early Planning Grant funds. BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries for the REAP grant. PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of July 2024, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: ________________________________Javier Lopez, Mayor ATTEST: _________________________________ Fallon Martin, City Clerk ITEM 17 AMENDMENT 1 MEMORANDUM OF UNDERSTANDING between STANISLAUS COUNCIL OF GOVERNMENTS and CITY OF CERES forSUBALLOCATION OF REGIONAL EARLY ACTION PLANNING (REAP) FUNDSTHIS AMENDMENT 1 to the Memorandum of Understanding is made and entered into between the Stanislaus Council of Governments (StanCOG) and the City of Ceres (“Sub-Recipient”) and is dated June 1, 2024, for reference purposes. RecitalsA. WHEREAS, StanCOG and Sub-Recipient have entered into that certain Memorandum ofUnderstanding, dated August 9, 2022, with a Scope of Work completion date of June 30, 2023(the “MOU”).B. WHEREAS, the parties desire to amend the MOU to reflect the State of CaliforniaDepartment of Housing and Community Development (“HCD”) has extended the time in whichthe MOU Scope of Work can be completed.C. WHEREAS, the MOU identifies HCD will release a third REAP funding package andthat an amendment to the MOU would be necessary to allocate that funding to Sub-Recipient.D. WHEREAS, the parties desire to amend the MOU to identify the new timeline in whichthe MOU Scope of Work must be completed and to allocate the third round of REAP funding.NOW, THEREFORE, in consideration of the mutual promises, covenants, terms, and conditions hereinafter contained, the parties hereto agree as follows:AGREEMENT1. Section 4, Maximum Contract Amount, is hereby amended to read in full as follows:4. Maximum Contract AmountThe amount to be paid to Sub-Recipient under this MOU will not exceed Thirty-ITEM 17
ATTACHMENT B
Five Thousand, Two Hundred Seventy Seven and 88/100 Dollars ($35,277.88) which amounts represents Sub-Recipients allocation under HCD’s first funding package, and Forty Seven Thousand, Eight Hundred Forty Six and 03/100 Dollars ($47,846.03), which amount represents Sub-Recipients allocation under HCD’s third funding package, unless agreed upon in advance by the Parties pursuant to a written amendment signed by the authorized signer for each Party. In no instance will StanCOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs. Nor shall StanCOG be liable for any amounts if HCD fails to appropriate funds. 2. Section 6, Term/Timeline, is hereby amended to read in full as follows: 6. Term/Timeline The term of this MOU shall begin on the “Effective Date” of this MOU, which shall be the last date of execution of the MOU by the parties hereto. All work identified in the Scope of Work must be completed by November 30, 2024, unless terminated earlier as provided herein. No extensions will be granted to complete the Scope of Work unless authorized by HCD. 3. Section 9.B., Project Manager/Staffing, is hereby amended in part to update the StanCOG Project Manager: StanCOG Elisabeth Hahn Deputy Executive Director of Planning Stanislaus Council of Governments, Suite 308 Modesto, CA 95354 Telephone: (209) 525-4600 Email: [email protected] 4. Section 13.C., Notices, is hereby amended in part to update the StanCOG contact for purposes of Notice: To StanCOG: Elisabeth Hahn Deputy Executive Director of Planning Stanislaus Council of Governments, Suite 308 Modesto, CA 95354 Telephone: (209) 525-4600 Email: [email protected] ITEM 17
5. Except as modified by this Amendment, the MOU shall remain unchanged and is in full force and effect. 6. The terms and provisions of this Amendment are incorporated by reference into the MOU as though set forth in full therein. 7. This Amendment may be executed in any number of counterparts with the same effect as if the parties had all signed the same document, and which together shall constitute one and the same instrument. 8. Each party agrees that this Amendment and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Amendment or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. IN WITNESS WHEREOF, this Amendment has been executed by the parties hereto and shall be effective when executed by both parties. STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) By: _________________________________ Rosa De León Park Executive Director Date: CITY OF CERES By: _________________________________ Doug Dunford City Manager Date: APPROVED AS TO FORM:By: _________________________________ Monica Streeter General CounselAPPROVED AS TO FORM:By: _________________________________ Nubia Goldstein City Attorney ITEM 17 ITEM 17
Budget Amendment No. Fiscal Year Reference Resolution No . , dated authorizing appropriations for as follows: Appropriations: Fund Name Org. ObjectProject (if appl.)Appropriation AmountRequested Appropriation Current Appropriation Total Appropriation Estimated Revenues: Fund Name Org.ObjectProject (if appl.) Appropriation AmountEstimated Revenue Current Estimated Revenue Total Estimated Revenue Fiscal Impact:ITEM 17
ATTACHMENT C
ITEM 17