3.3.2.1. Generate content to develop an on line community with parents, teachers, school administrators, and neighboring residents and business
3.3.2.2. Generate participation of SRTS Pop-Up events
3.3.2.3. Calendar listing of school events
3.3.2.4. Encourage active transportation options
3.3.2.5. Provide an online open forum for conversation
3.3.2.6. Increase awareness of bicycle and pedestrian safety
3.3.3. Consultant will create a project phone number/hotline and email address for the public to leave comments regarding the project.
3.3.3.1. Consultant will monitor the phone line daily, and all calls will be answered within 48 hours. A summary of calls and
comments will be included in the monthly reports.
3.3.3.2. Consultant will monitor emails and all emails will be answered within 48 hours.
Task 2.2 Event Advertisement:
3.3.4. Consultant will provide advertising material to promote events documented in Task 3 and 4 to students, parents, school staff and other stakeholders. Advertising material can include items such as flyers (digital), posters, press release for SRTS kick-off event, text for both school and City websites and principal emails. All text on flyers, posters, and school websites related to all the events/activities must be approved by School District before distribution.
3.3.5. As described in Tasks 3 and 4, the Consultant will conduct a total of 237 events/workshops over the three (3) year program period. The Consultant will prepare 237 digital flyers (one flyer for each event) to be posted on the Peach jar website/platform.
3.3.5.1. Press release/advertisement/text will need to be developed for all 237 events that will be posted on both the City's project website page and each school's webpage. Finally, a total of 1 ,422 posters (6 posters for each event) shall be prepared to be displayed on each school campus.
3.3.6. Below are the deliverables for Task 2.
Task Deliverable
2.1 Project website, promotion materials
2.2 237 digital flyers
1,422 Posters
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
Task Deliverable
Press release/advertisement text all 237
events to be placed on all 17 school's
webpages and City's website.
3.4. TASK 3: EDUCATION
Task 3.1 Safe Routes to School Maps:
3.4.1. Consultant will conduct a walk audit within a half-mile of Washington Elementary which was included in Phase 2 of the program, along with Laurelwood Elementary and Milliken Elementary schools which are included in this Phase 3 of the program, to determine the best walking and biking routes to the school. Based on the walk audit along with 5- year collision history and crime statistics, the Consultant shall develop a SRTS walking/biking map for both elementary schools. The map must show locations of stop sign and traffic signal controlled intersections, marked crosswalks, crossing guards, all existing signs and marking, and other features that would concert study safety when walking/biking to school. An electronic copy of the map will be provided to the schools.
3.4.2. Consultant will identify infrastructure deficiencies such as sidewalks, crosswalk treatments, signing and striping upgrades, signalization modification, and other physical improvements. An infrastructure deficiency inventory list and maps showing the location of the improvements for all three schools listed above, along with engineering cost estimates for the improvements shall be provided to the City.
3.4.3. Consultant will review all SRTS maps already produced for 14 schools and develop maps for Laurelwood Elementary, Milliken Elementary and Washington Elementary. Consultant will update the maps to reflect existing conditions and to modify SRTS maps if safer biking/walking routes are found. Consultant will also take into consideration the most recent five-year collision data and crime statistics while updating all the existing maps. An electronic copy of the updated maps will be provided to each of the schools.
Task 3.2 Bicycle and Pedestrian Student Skills Training Rodeos
3.4.4. Consultant will teach students how to safely bike, walk, or scooter to school while following all traffic laws. Consultant will conduct 51 bicycle and pedestrian student skills training called rodeos (one rodeo each year at each of the 17 schools specified in Section 2.1 herein) over the three-year program. The rodeos must be completed for each class and one grade at a time to accommodate the learning abilities of all the different ages of students. The Consultant will be at one school for eight hours for maximum efficiency to train all the students at each Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
school. A total of 51 bicycle and pedestrian student skills training courses will occur over the course of the three-year program.
3.4.5. Consultant will create a rodeo toolkit that can be used for the bicycle and pedestrian student skills training courses described above. This toolkit can then be used at all of schools every year of the program.
Task 3.3 Parent/Teacher/Coordinator Training Workshops
3.4.6. Consultant shall conduct 17 parent, teacher, and coordinator training workshops on how to continue the SRTS program after the completion of Phase 3. The workshops shall be conducted at each of the 17 schools during the three-year term of the program.
3.4.7. The workshop will include the following components:
3.4.7.1. The need, approach and benefits of bicycle and pedestrian safety education
3.4.7.2. Responsibilities of the SRTS volunteer (qualifications, screening, time commitment)
3.4.7.3. Teaching skills (Do's and Don'ts)
3.4.7.4. Understanding children's behaviors
3.4.7.5. Program Evaluation
3.4.7.6. Training techniques for bicycle and pedestrian safety
3.4.7.7. How to fit and adjust bicycles helmets
3.4.7.8. Bicycle Maintenance
3.4.7.9. Distribution of Handbook
3.4.8. A SRTS Toolkit that was developed in the last phase of the program will be used to train all those that may be involved in continuing the SRTS program. The Consultant will review the SRTS Toolkit and revise if necessary. The Toolkit will be used at the training workshops.
Consultant will convert the SRTS toolkit to an on-line learning platform.
3.4.9. In addition to the basic tasks to sustaining the SRTS program, participants will be taught:
3.4.9.1. How to use the Safe Routes Toolkit
3.4.9.2. Safe places to ride and walk
3.4.9.3. Unsafe places to ride and walk
3.4.9.4. Explanation of traffic signs and signals
3.4.9.5. Rights and responsibilities of bicyclists and pedestrians
3.4.9.6. Helmet use (proper fit and adjustment)
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
3.4.9.7. Recognition and avoidance of common bicycle and pedestrian collisions
3.4.9.8. Explanation and demonstration of the role of crossing guards
3.4.9.9. Explanation/simulation of traffic environment (infrastructure)
3.4.9.10. Understanding of driver, bicyclist, and pedestrian behaviors
3.4.9.11. School transportation/traffic policies (pick-up and drop-off procedures)
3.4.9.12. Explanation of the school routes/neighborhood maps
3.4.9.13. Effects of bicycling and walking for a cleaner environment
3.4.9.14. Identification and avoidance of hot spots (crime, bullies, hazards, corners & crosswalks, truck traffic)
3.4.9.15. Explanation and promotion of Walking School Buses, Bicycle Trains, and scheduled encouragement programs
3.4.10. Below are the deliverables for Task 3.
Task Deliverables
Draft Safe Routes to School Maps (17)
Final Safe Routes to School Maps (17)
Draft Infrastructure Deficiency List, Map, and Cost
3.1 Estimates (3 schools)
Final Infrastructure Deficiency List, Map, and Cost
Estimates (3 schools)
Bicycle and Pedestrian Rodeos (51 events)
Summary of Conducted Rodeos, including pictures
3.2 (51 workshops)
Rodeo Toolkit (1)
Parent/teacher/coordinator training workshops (17
workshops)
Summary of Conducted Workshops, including
pictures (17 workshops)
3.3 Electronic copy of the revised Draft Safe Routes to School Toolkit
Electronic copy of the revised Final Safe Routes to
School Toolkit
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
3.5. TASK 4: ENCOURAGEMENT
Task 4.1 Kick-off Event
3.5.1. Consultant will conduct one SRTS kick-off event which will be conducted at one of the new participating schools. Consultant will coordinate with the School District to decide which school will host the kick-off event. Attendees at the event can include the Mayor, Councilmembers, motorcycle or bicycle Police Officers, Sharkie or 49ers mascot, etc. A press release will be conducted related to the event as well.
Task 4.2 Pop-Up Events
3.5.2. Consultant will conduct 15 SRTS pop-up events (five events per year).
The pop-up events are recommended to be booths at City community events such as the Art &Wine Festival, Earth Day, Health Fair, and Back-to-school night. Walking and biking incentives can be given out at these events such as helmets, safety lights, and pedometers.
Task 4.3 Encouragement Events
3.5.3. Consultant will conduct 153 total events (three events each year at each of the 17 schools) over the three-year program. The events will promote and encourage walking and bicycling to school and can include helmet decorating contests, "walk and roll" Fridays, helmet fitting events, walking school buses, and bicycle trains. The walking school buses and bicycle trains will coincide with October's Walk to School Day and May's Bike to School Day, respectively. Consultant will set up a meeting between the school principals, school district representatives, and City representatives to plan all events/activities.
3.5.4. The City received a California Office of Traffic Safety grant where a portion of the grant must be used to purchase helmets. Consultant must purchase $5000 worth of helmets to give away at any of the education or encouragement events. In addition, Consultant will purchase another $5,000 worth of any of the following combined:
bicycle lights, pedometers, rubber bracelets that have a safety message written across them or other safety devices to encourage safe walking and bicycling and can be handed out at all of the encouragement events/activities.
3.5.5. Below are the deliverables for Task 4.
Task Deliverable
One (1) Kick-Off Event
4.1 Meeting agenda, minutes, and action items for kick-off event (1 school)
Draft Press Release
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
Task Deliverable
Final Press Release
Summary of kick-off event, including pictures
Pop-up events (15 total events)
4.2 Summary of each pop-up event, including pictures (15 total events)
Encouragement events (153 total events)
Meeting agenda, minutes, and action items for each event (153 total activities/events)
4.3 Summary of each encouragement event/activity, including pictures (153 total activities/events)
$10,000 worth of bicycle helmets, lights, or other safety devices.
3.6. TASK 5: PROGRAM EVALUATION
Task 5.1 Surveys
3.6.1. Consultant will create, distribute, analyze, and tabulate parent surveys and in-class student hand tallies yearly at each of the schools using standard Federal SRTS forms to evaluate changes in behavior associated with the program and to establish a baseline and ongoing data. Consultant will distribute one hand tally per classroom for each round of surveying and work with the teachers so that they understand how to administer the survey. Parent surveys will be provided in English, Spanish, and Chinese as these are the three most spoken languages within Santa Clara. An online survey must also be created and placed on the project's webpage. Consultant will conduct one parent survey and student tally at the beginning of the school year and at the end of the school year for all three years of the program, a total of six (6) surveys/tallies.
3.6.2. Consultant will need to do a tally of students using helmets at the start of the project, in the first year of the program, and then again in September of 2023. Each tally will be done at all 17 schools in the program. Consultant will provide a short summary report of the results of both tallies to the City.
Task 5.2 Annual Reports and Evaluation Report
3.6.3. Consultant will produce an annual report to summarize the program activities including number of events held, number of participants, and results of the parent surveys and student tallies for each of the schools.
3.6.4. The annual report will include the following:
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
3.6.4.1. Program Highlights/ Success Stories
3.6.4.2. Summary of Key Policies and Documents
3.6.4.3. Outline of Goals and Objectives
3.6.4.4. Milestones
3.6.4.5. School Databases
3.6.4.6. Summary of Program Activities
3.6.4.7. Certification Forms documenting activities
3.6.4.8. Milestones
3.6.4.9. Summary of helmet and safety equipment distribution
3.6.4.10. Copies of Meeting Agendas and Summary Notes
3.6.4.11. PhotosNideos of Educational and Encouragement Programs
3.6.4.12. Program Pre and Post Surveys (parent, student & helmet)
3.6.4.13. Copies of all Collateral Material and Promotional Material
3.6.4.14. Letters of Support/Appreciation
3.6.4.15. Results of Contests
3.6.4.16. Copies of Print and Electronic Media
3.6.4.17. Challenges - Barriers and how they were overcome
3.6.4.18. Next Steps/Strategies for Stakeholders
3.6.4.19. Directory of all Resource materials
3.6.4.20. Recommendations for future programming I sustainability
3.6.5. At the end of the project, the Consultant will produce a final program evaluation report for all three program years which should include recommendations, so the program continues and remains sustainable in the future. The final report will be submitted in the following formats:
3.6.5.1. Final PDF
3.6.5.2. Original Word
3.6.5.3. Five (5) bound copies
3.6.5.4. One (1) unbound hard copy
3.6.6. Below are the deliverables for Task 5.
Task Deliverable
Draft Parent survey and student tally form (17 schools) Final Parent survey and student tally form (17 schools)
5.1 Parent surveys and student tallies (6 total surveys/tallies at all 17 schools)
Parent survey in English, Spanish, and Chinese
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
Task Deliverable
Students using helmet tally (2 total tallies at all 17 schools) Summary report of two helmet tallies
5.2 Three (3) annual reports (17 schools)
One (1) program evaluation report
Agreement with Safe Moves, lnc./Exhibit A-Scope of Services Rev. 07-01-18
EXHIBIT 81
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Six Hundred Thousand Dollars ($600,000), during the three-year initial term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.
1.2. All payments are based upon City's acceptance of Consultant's performance of services specified in Exhibit A, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.
1.3. The compensation amount is specified below:
Total for All Tasks for Three Program Years (See B2 for Task Cost Breakdown by Year)
Contingency (Shall be used only for additional scope.)
TOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED
2. FEES
$568,384.75
$31,615.25
$600,000.00
2.1. The hourly rates for Consultant's Personnel are listed below in Table B2:
Program Manager (Safe Pat Hines Moves)
Program Coordinator Pamela Nye Pedersen (Safe Moves)
Instructor Quinn Danz (Safe Moves)
Instructor Will Mellon (Safe Moves)
Instructor Marni Spencer-Delvin (Safe Moves)
Graphic and Social Media
Coordinator Eve Mazzara
(Safe Moves)
Agreement with Safe Moves, lnc./Exhibit 81-Schedule of Fees Rev. 07-01-18
$127.02
$46.22
$36.98
$36.98
$36.98
$46.22
Title Personnel Hourly Rate
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner Alberto Salgado $115.00 (KOA)
Associate Planner Sarai Osorio $51.76 (KOA)
2.2. The City will pay the Consultant for each task based on the task breakdown specified in Exhibit 82.
3. PRICING
3.1. All hourly rates are fixed for the Initial Three-Year Term of the Agreement.
3.2. Contractor may request price adjustments after the initial three year term. Any price increases must be supported by a relevant industry specific index.
Requests for increase must be fully documented by Contractor. Price adjustments are subject to City's approval.
4. INVOICING REQUIREMENTS
4.1. Consultant shall invoice the City on a monthly basis for services performed by Consultant during the preceding month and provide the invoice in a format approved by the City, including but not limited to the information listed under Section 4.3 below.
4.2. City shall pay Consultant within thirty (30) days of City's receipt of an approved invoice.
4.3. Invoices shall include, at a minimum, the following:
4.3.1. Identify the task services were provided for;
4.3.2. Description of work performed;
4.3.3. Deliverables completed;
4.3.4. Amount for services provided by task;
4.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.
Agreement with Safe Moves, lnc./Exhibit B1-Schedule of Fees Rev. 07-01-18
EXHIBIT 82
FEES BY TASK AND YEAR
1. The City will pay Consultant for Year 1 based on the fee breakdown below:
TAS I
K# DESCRIPTION I BUDGETED I
HOURS
"1 PROJECT INITIATION
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves)
1.2 Staff Coordination with Consultant - Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)
1.3 Project Invoicing - Monthly Progress Reports with Invoicing - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves) TOTAL FOR TASK 1 240
2 OUTREACH
2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 70 Coordinator (Safe Moves) Establish and monitor Qhone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves)
2.2 Event Advertisement
Advertising/Qromotional materials
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Eve Mazzara, Graphic and Social Media 50 Coordinator (Safe Moves) 85 event/workshoQs announcements 12osted & 508 12osters Printed/disolaved
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18
TOTAL
$3,002.60
$12,472.60
$6,121.60
$21,596.80
$13,284.00
$8,894.80
$4,389.20
$17,211.00
$9,240.60
$7,970.40
TAS I
K# DESCRIPTION I BUDGETED I HOURS
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 2
3 EDUCATION
3.1 Safe Routes to School Maps
Walk Audits {3 Schools}
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Carlos Velasquez, Program Manager (KOA)
- Alberto Salgado, Associate Planner (KOA)
- Sarai Osorio, Associate Planner (KOA)
Infrastructure Deficiency lnventorv List1 Ma~ & Costs
- Pat Hines, Program Manager (Safe Moves)
- Carlos Velasquez, Program Manager (KOA)
- Alberto Salgado, Associate Planner (KOA)
- Sarai Osorio, Associate Planner (KOA)
Review/Revise School Ma~s {14 schools}
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Carlos Velasquez, Program Manager (KOA)
- Alberto Salgado, Associate Planner (KOA)
- Sarai Osorio, Associate Planner (KOA)
3.2 Bicycle and Pedestrian Student Skills Training Rodeos Bike1 Scooter & Pedestrian Skill Trainings & Summai:Y
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
30 40
50 450
25 15
25 25
25 25
40 40
30 15
35 35
30 25
10 15
15 15
35 35
50 30
125
125
TOTAL
$30,495.00
$37,627.15
$15,005.05
$9,993.70
$12,628.40
$16,982.60
$16,982.60
TAS I
K# DESCRIPTION I BUDGETED I
HOURS TOTAL
Rodeo Toolkit {See Qricing under Printing Year 1 Categor~ and SRTS Toolkit under Task 3.3}
3.3 Parent/Teacher/Coordinator Training Workshops
WorkshoQS
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) SRTS Toolkit {1}
- Pat Hines, Program Manager (Safe Moves) 55
- Pamela Nye Pedersen, Program Coordinator 30 (Safe Moves) - Eve Mazzara, Graphic and Social Media 80 Coordinator (Safe Moves) WorkshoQ Content
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 1215
4 ENCOURAGEMENT
4.1 Kick-off Event (1)
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 10
- Marni Spencer-Devlin, Instructor (Safe Moves) 10
- Eve Mazzara, Graphic and Social Media 35 Coordinator (Safe Moves)
4.2 Pop-Up Events (2)
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50
4.3 Encouragement Events
Walking1 scooter riding and bic~cle riding encouragement events (51)
- Pat Hines, Program Manager (Safe Moves)
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
90 $30,837.40
$11,375.30
$12,070.30
$7,391.80
$85,447.15
$7,058.10
$13,053.50
$35,037.90
$28,072.20
TAS I
K# DESCRIPTION
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
OTS funded helmets and safeti egui[!ment
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
TOTAL FOR TASK 4
5 PROGRAM EVALUATION
5.1 Surveys
Pre and Post Parent Surve~s and Student Tallies
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
OTS Pre and Post Helmet Surve~s {17 Schools}
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
- Marni Spencer-Devlin, Instructor (Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) .
5.2 (1) Annµal Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 5
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18
BUDGETED I
HOURS TOTAL
60 100
100
100
60 $6,965.70
25 50
20 20
965 $55,149.50
$24,745.90
$9,033.70
30 40
20 20
20 25
$15,712.20
40 40
50 50
100
30 $5,486.50
25 20
30 540 $30,232.40
Printin
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
SRTS Toolkit (Guide) $ 2,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 10,000.00
EQUIPMENT PURCHASED FIRST YEAR FOR ALL 3 YEARS
714 OTS Funded Helmets@ $7.00 per helmet (includes tax & handling) $ 5,000.00 2,500 Pedometers @ $1.00 per pedometer (includes tax & handling) $ 2,500.00 300 Front/Rear Bike Lights @ $8.30 per light (includes tax & handling) $ 2,490.00 TOTAL FOR EQUIPMENT $ 9,990.00
YEAR 1 TOTAL $242,910.85
2. The City will pay Consultant for Year 2 based on the fee breakdown below:
TA;K I DESCRIPTION I BUDGETED I
HOURS
1 PROJECT INITIATION
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 10 (Safe Moves)
1.2 Staff Coordination with Consultant - Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves)
1.3 Project Invoicing - Monthly Progress Reports with Invoicing - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 50 (Safe Moves) TOTAL FOR TASK 1 240
2 OUTREACH
2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18
TOTAL
$3,002.60
$12,472.60
$6,121.60
$21,596.80
$11,897.40
$7,508.20
- Eve Mazzara, Graphic and Social Media
Coordinator Safe Moves
Establish and monitor 12hone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator 40 Safe Moves
2.2 Event Advertisement $15,362.20
Advertising/12romotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 40 Safe Moves - Eve Mazzara, Graphic and Social Media 30 Coordinator Safe Moves) 85 even workshoQs announcements 12osted & 508 QOsters $7,046.00 ed - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 Safe Moves - Eve Mazzara, Graphic and Social Media 30 Coordinator Safe Moves TOTAL FOR TASK 2 380 $27,259.60
3 EDUCATION
3.1 Safe Routes to School Maps $14,494.50
Walk Audits {3 Schools} $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 15 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
Infrastructure Deficienc~ lnventorv List1 Ma12 & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Ma12s {14 schools} $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 25 Safe Moves
3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike1 Scooter & Pedestrian Skill Trainings & Summai:y $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 30 Safe Moves - Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Page 27 of 38 Rev. 07-01-18
TA#SK I DESCRIPTION I BUDGETED I
HOURS
Rodeo Toolkit {Develo12ed in Year 1}
3.3 Parent/Teacher/Coordinator Training Workshops
Worksho12s
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) SRTS Toolkit {1} {DeveloQed in Year 1}
Worksho12 Content
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710
4 ENCOURAGEMENT
4.1 Kick-off Event (1) NONE
4.2 Pop-Up Events (5)
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator 25 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50
4.3 Encouragement Events
Walking1 scooter riding and bic~cle riding encouragement events {51}
- Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator 60 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safet~ egui12ment {Purchased in ~ear 1)
TOTAL FOR TASK 4
5 PROGRAM EVALUATON
5.1 Surveys
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
715
TOTAL
NIA
$18,767.10
$11,375.30
NIA
$7,391.80
$50,244.20
N/A
$13,053.50
$27,147.80
$27,147.80
N/A
$40,201.30
$9,033.70
TA#SK I DESCRIPTION I BUDGETED I
HOURS TOTAL
Pre and Post Parent Surve~s and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator 40 (Safe Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Surve~s (17 Schools} N/A
5.2 (1) Annual Report (17 Schools) $5,486.50
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator 20 (Safe Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) TOTAL FOR TASK 5 230 $14,520.20
TOTAL FOR ALL TASKS $153,822.10
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $1,500.00
508 Posters $1,200.00
Safety Tips for Students & Parents $2,500.00
51 Encouragement Event Flyers $2,300.00
TOTAL FOR PRINTING $7,500.00
YEAR2TOTAL $161,322.10
3. The City will pay Consultant for Year 3 based on the fee breakdown below:
TASK# I DESCRIPTION I BUDGETED I
HOURS
1 PROJECT INITIATON
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 10 Moves)
1.2 Staff Coordination with Consultant- Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves)
1.3 Project Invoicing - Monthly Progress Reports with Invoicing Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18
Total
$3,002.60
$12,472.60
$6,121.60
TASK# DESCRIPTION BUDGETED
HOURS
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 50 Moves) TOTAL FOR TASK 1 240
2 OUTREACH
2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) Establish and monitor 12hone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves)
2.2 Event Advertisement
Advertising/12romotional materials
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Eve Mazzara, Graphic and Social Media 30 Coordinator (Safe Moves) 85 event/worksho12s announcements 12osted & 508 12osters orinted/disolaved
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 2
3 EDUCATION
3.1 Safe Routes to School Maps
Walk Audits {3 Schools}
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves)
- Quinn Danz, Instructor (Safe Moves)
- Will Mellon, Instructor (Safe Moves)
Infrastructure Deficienc~ lnventort List1 Ma12 & Costs
- Pat Hines, Program Manager (Safe Moves)
Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18
30 40
30 380
25 15
25 25
30 Total
$21,596.80
$11,897.40
$7,508.20
$4,389.20
$15,362.20
$8,316.20
$7,046.00
$27,259.60
$14,494.50
$5,717.80
$3,810.60
TASK# I DESCRIPTION I BUDGETED I
HOURS Total
Review/Revise School MaQS {14 schools} $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves)
3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60 Bike1 Scooter & Pedestrian Skill Trainings & Summary: $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe 30 Moves) - Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (DeveloQed in Year 1} N/A
3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10 WorkshoQs $11,375.30
- Pat Hifles, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) SRTS Toolkit {1} {DeveloQed in Year 1} N/A
WorkshoQ Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves) - Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT
4.1 Kick-off Event (1) NONE NIA
4.2 Pop-Up Events ( 5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe 25 Moves) - Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50
4.3 Encouragement Events $27,147.80
Walking1 scooter riding and bic~cle riding encouragement $27,147.80 events (51\ - Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator (Safe 60 Moves) Agreement with Safe Moves, lnc./Exhibit 82-Fees by Task and Year Rev. 07-01-18 ·
TASK# I DESCRIPTION I BUDGETED I
HOURS
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media 40 Coordinator (Safe Moves) OTS funded helmets and safet~ egui[!ment {Purchased in ~ear 1} TOTAL FOR TASK 4 715
5 PRORGRAM EVALUATION
5.1 Surveys
Pre and Post Parent Survevs and Student Tallies
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe 40 Moves) - Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media 25 Coordinator (Safe Moves) OTS Pre and Post Helmet Survevs (17 Schools)
5.2 (1) Annual Report (17 Schools) & Program Evaluation Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves)
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves)
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves)
TOTAL FOR TASK 5
TOTAL FOR ALL TASKS
Printing
Rodeo Flyer & Permission Form for 17 Rodeos
508 Posters
Safety Tips for Students & Parents
51 Encouragement Event Flyers
TOTAL FOR PRINTING
YEAR3TOTAL
Agreement with Safe Moves, lnc./Exhibit B2-Fees by Task and Year Rev. 07-01-18
40 30
40 265
Total
N/A
$40,201.30
$9,033.70
$9,033.70
N/A
$8,316.20
$17,349.90
$156,651.80
$1,500.00
$1,200.00
$2,500.00
$2,300.00
$7,500.00
$164,151.80
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]
Or mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 - S2
Duluth, GA 30096
Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Safe Moves, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
EXHIBIT D
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:
CONTRACTOR:
DATE:
Pursuant to Section _ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:
I OPTION NO. # of#
NEW OPTION TERM I Begin date:
End date:
□ CHANGES IN RATE OF COMPENSATION
I Percentage chang~ in CPI upon which adjustment is based:
Pursuant to Section _ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)
I MAXIMUM COMPENSATION for New Option Term:
For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor's services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.
Approved as to Form:
Office of the City Attorney
City of Santa Clara
Dated:
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
Agreement with Safe Moves, lnc./Exhibit D - Notice of Exercise of Option Page 38 of 38 Amendment No. 1 to Agreement/Safe Moves, Inc. Page 1
Rev. 10/25/19
Ebix Insurance No. S200003681
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.
PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California, and Safe Moves, Inc.”, dated November 11, 2022 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Consultant provide professional services to organize, facilitate, promote events, and activities relating to the City’s Safe Routes to School program and facilities in the program, and the Parties now wish to amend the Agreement to increase compensation by $45,200 for a revised total not-to-exceed maximum compensation of $645,200.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Exhibit B1 of the Agreement, entitled “Schedule of Fees” is hereby amended to read as shown in Revised Exhibit B1, attached herein.
2. Exhibit B2 of the Agreement, entitled “Schedule of Fees” is hereby amended to read as shown in Revised Exhibit B2, attached herein.
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
Amendment No. 1 to Agreement/ Safe Moves, Inc Page 2
Rev. 10/25/2019
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SAFE MOVES, INC.
a California corporation
Dated:
By (Signature):
Name: Pat Hines
Title: Founder/Executive Director
Principal Place of
Business Address:
15500 Erwin Street, #2457
Van Nuys, CA 91411
Email Address: [email protected]
Telephone: (408) 37-8991
Fax: N/A
“CONSULTANT”
Amendment No. 1 to Agreement/Safe Moves, Inc./Revised Exbibit B1 – Schedule of Fees Page 1 Rev. 10/25/19
REVISED EXHIBIT B1
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Six Hundred Forty-Five Thousand Two Hundred Dollars ($645,200), during the three-year initial term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.
1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.
1.3. The compensation amount is specified below:
Table B1: Total Compensation
Description Total
Total for All Tasks for Three Program Years (See B2 for Task Cost Breakdown by Year) $568,384.75
Contingency (Shall be used only for additional scope.) $31,615.25 ORIGINAL TOTAL MAXIMUM COMPENSATION NOT-TOEXCEED $600,000.00 Amendment No. 1 $45,200.00
REVISED TOTAL MAXIMUM COMPENSATION NOT-TOEXCEED $645,200.00
2. FEES
2.1. The hourly rates for Consultant’s Personnel are listed below in Table B2:
Table B2: Hourly Rates
Title Personnel Hourly Rate
Program Manager (Safe
Moves) Pat Hines $127.02
Program Coordinator
(Safe Moves) Pamela Nye Pedersen $46.22
Instructor
(Safe Moves) Quinn Danz $36.98
Amendment No. 1 to Agreement/Safe Moves, Inc./Revised Exbibit B1 – Schedule of Fees Page 2 Rev. 10/25/2019
Title Personnel Hourly Rate
Instructor
(Safe Moves) Will Mellon $36.98
Instructor
(Safe Moves) Marni Spencer-Delvin $36.98
Graphic and Social Media
Coordinator
(Safe Moves)
Eve Mazzara $46.22
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner
(KOA) Alberto Salgado $54.19
Associate Planner
(KOA) Sarai Osorio $51.76
2.2. The City will pay the Consultant for each task based on the task breakdown specified in Revised Exhibit B2.
3. PRICING
3.1. All hourly rates are fixed for the Initial Three-Year Term of the Agreement.
3.2. Consultant may request price adjustments after the initial three year term. Any price increases must be supported by a relevant industry specific index.
Requests for increase must be fully documented by Consultant. Price adjustments are subject to City’s approval.
4. INVOICING REQUIREMENTS
4.1. Consultant shall invoice the City on a monthly basis for services performed by Consultant during the preceding month and provide the invoice in a format approved by the City, including but not limited to the information listed under Section 4.3 below.
4.2. City shall pay Consultant within thirty (30) days of City’s receipt of an approved invoice.
4.3. Invoices shall include, at a minimum, the following:
1.3.1. Identify the task services were provided for;
1.3.2. Description of work performed;
1.3.3. Deliverables completed;
1.3.4. Amount for services provided by task;
1.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.
Amendment No. 1 to Agreement/Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 1 Rev. 10/25/19
REVISED EXHIBIT B2
FEES BY TASK AND YEAR
1. AMENDMENT NO. 1
1.1. The following number of tasks are being funded by the 2023 California Office of Traffic Safety Grant and will be completed in Year 2. These tasks must be completed by September 30, 2024 and at the following cost:
Activity Unit Cost/Rate Units Total Cost
Bike Rodeo $1,000.00 30 $ 30,000.00
Student Assemblies $150.00 68 $ 10,200.00
Bicycle Helmets $10.00 300 $3,000.00
Bicycle Safety Equipment $2,000.00 1 $2,000.00
TOTAL $ 45,200.00
2. The City will pay Consultant for Year 1 based on the fee breakdown below:
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
1 PROJECT INITIATION
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 10
1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60
- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH
2.1 Website, Voicemail, and Email $13,284.00
Produce and monitor website $8,894.80
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media 70
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 2 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
Coordinator (Safe Moves)
Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
2.2 Event Advertisement $17,211.00
Advertising/promotional materials $9,240.60
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 50
85 event/workshops announcements posted & 508
posters printed/displayed $7,970.40
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 50
TOTAL FOR TASK 2 450 $30,495.00
3 EDUCATION
3.1 Safe Routes to School Maps $37,627.15
Walk Audits (3 Schools) $15,005.05
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 15
- Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
- Marni Spencer-Devlin, Instructor (Safe
Moves) 25
- Carlos Velasquez, Program Manager (KOA) 25
- Alberto Salgado, Associate Planner (KOA) 40
- Sarai Osorio, Associate Planner (KOA) 40
Infrastructure Deficiency Inventory List, Map & Costs $9,993.70 - Pat Hines, Program Manager (Safe Moves) 30
- Carlos Velasquez, Program Manager (KOA) 15
- Alberto Salgado, Associate Planner (KOA) 35
- Sarai Osorio, Associate Planner (KOA) 35
Review/Revise School Maps (14 schools) $12,628.40
- Pat Hines, Program Manager (Safe Moves) 30
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 3 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 15
- Marni Spencer-Devlin, Instructor (Safe
Moves) 15
- Carlos Velasquez, Program Manager (KOA) 15
- Alberto Salgado, Associate Planner (KOA) 35
- Sarai Osorio, Associate Planner (KOA) 35
3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60
Bike, Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 30
- Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (See pricing under Printing Year 1 Category and SRTS Toolkit under Task 3.3)
3.3 Parent/Teacher/Coordinator Training Workshops $30,837.40
Workshops $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
SRTS Toolkit (1) $12,070.30
- Pat Hines, Program Manager (Safe Moves) 55
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 30
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 80
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
TOTAL FOR TASK 3 1215 $85,447.15
4 ENCOURAGEMENT
4.1 Kick-off Event (1) $7,058.10
- Pat Hines, Program Manager (Safe Moves) 25 - Pamela Nye Pedersen, Program Coordinator 25 Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 4 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
(Safe Moves)
- Quinn Danz, Instructor (Safe Moves) 10
- Will Mellon, Instructor (Safe Moves) 10
- Marni Spencer-Devlin, Instructor (Safe
Moves) 10
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 35
4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe
Moves) 50
4.3 Encouragement Events $35,037.90
Walking, scooter riding and bicycle riding encouragement events (51) $28,072.20
- Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 60
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe
Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 60
OTS funded helmets and safety equipment $6,965.70
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
TOTAL FOR TASK 4 965 $55,149.50
5 PROGRAM EVALUATION
5.1 Surveys $24,745.90
Pre and Post Parent Surveys and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 5 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe
Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
OTS Pre and Post Helmet Surveys (17 Schools) $15,712.20 - Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe
Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
5.2 (1) Annual Report (17 Schools) $5,486.50
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 5 540 $30,232.40
TOTAL FOR ALL TASKS $222,920.85
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $
1,500.00
SRTS Toolkit (Guide) $
2,500.00
508 Posters $
1,200.00
Safety Tips for Students & Parents $
2,500.00
51 Encouragement Event Flyers $
2,300.00
TOTAL FOR PRINTING $
10,000.00
EQUIPMENT (PURCHASED FIRST YEAR FOR ALL 3 YEARS)
714 OTS Funded Helmets @ $7.00 per helmet (includes tax & handling) $ 5,000.00
2,500 Pedometers @ $1.00 per pedometer (includes tax & handling) $ Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 6 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
2,500.00
300 Front/Rear Bike Lights @ $8.30 per light (includes tax & handling) $ 2,490.00
TOTAL FOR EQUIPMENT
$
9,990.00
YEAR 1 TOTAL $242,910.85
3. The City will pay Consultant for Year 2 based on the fee breakdown below:
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
1 PROJECT INITIATION
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 10
1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60
- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 50
TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH
2.1 Website, Voicemail, and Email $11,897.40
Produce and monitor website $7,508.20
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
2.2 Event Advertisement $15,362.20
Advertising/promotional materials $8,316.20
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 7 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
85 event/workshops announcements posted & 508
posters printed/displayed $7,046.00
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 2 380 $27,259.60
3 EDUCATION
3.1 Safe Routes to School Maps $14,494.50
Walk Audits (3 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 15
- Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
lnfrastructure Deficiency Inventory List, Map & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Maps (14 schools) $4,966.10
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60
Bike, Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 30
- Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (Developed in Year 1) N/A
3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10
Workshops $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 8 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
SRTS Toolkit (1) (Developed in Year 1) N/A
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT
4.1 Kick-off Event (1) NONE N/A
4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 25
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe
Moves) 50
4.3 Encouragement Events $27,147.80
Walking, scooter riding and bicycle riding encouragement events (51) $27,147.80
- Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 60
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe
Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
OTS funded helmets and safety equipment (Purchased in
year 1) N/A
TOTAL FOR TASK 4 715 $40,201.30
5 PROGRAM EVALUATON
5.1 Surveys $9,033.70
Pre and Post Parent Surveys and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 40
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 9 Rev. 10/25/2019
TASK
# DESCRIPTION BUDGETED HOURS TOTAL
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe
Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
OTS Pre and Post Helmet Surveys (17 Schools) N/A
5.2 (1) Annual Report (17 Schools) $5,486.50
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator
(Safe Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 5 230 $14,520.20
TOTAL FOR ALL TASKS $153,822.10
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 7,500.00
YEAR 2 TOTAL $161,322.10
4. The City will pay Consultant for Year 3 based on the fee breakdown below:
TASK # DESCRIPTION BUDGETED
HOURS Total
1 PROJECT INITIATON
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items $3,002.60
- Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 10
1.2 Staff Coordination with Consultant - Biweekly Meetings $12,472.60
- Pat Hines, Program Manager (Safe Moves) 80
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50
1.3 Project Invoicing - Monthly Progress Reports with Invoicing $6,121.60 - Pat Hines, Program Manager (Safe Moves) 30 - Pamela Nye Pedersen, Program Coordinator (Safe 50 Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 10 Rev. 10/25/2019
TASK # DESCRIPTION BUDGETED
HOURS Total
Moves)
TOTAL FOR TASK 1 240 $21,596.80
2 OUTREACH
2.1 Website, Voicemail, and Email $11,897.40
Produce and monitor website $7,508.20
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
Establish and monitor phone lines/voicemails/emails $4,389.20 - Pat Hines, Program Manager (Safe Moves) 20
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
2.2 Event Advertisement $15,362.20
Advertising/promotional materials $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
85 event/workshops announcements posted & 508 posters
printed/displayed $7,046.00
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 30
TOTAL FOR TASK 2 380 $27,259.60
3 EDUCATION
3.1 Safe Routes to School Maps $14,494.50
Walk Audits (3 Schools) $5,717.80
- Pat Hines, Program Manager (Safe Moves) 25
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 15
- Quinn Danz, Instructor (Safe Moves) 25
- Will Mellon, Instructor (Safe Moves) 25
lnfrastructure Deficiency Inventory List, Map & Costs $3,810.60 - Pat Hines, Program Manager (Safe Moves) 30
Review/Revise School Maps (14 schools) $4,966.10
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 11 Rev. 10/25/2019
TASK # DESCRIPTION BUDGETED
HOURS Total
- Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25
3.2 Bicycle and Pedestrian Student Skills Training Rodeos $16,982.60
Bike, Scooter & Pedestrian Skill Trainings & Summary $16,982.60 - Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30
- Quinn Danz, Instructor (Safe Moves) 125
- Will Mellon, Instructor (Safe Moves) 125
Rodeo Toolkit (Developed in Year 1) N/A
3.3 Parent/Teacher/Coordinator Training Workshops $18,767.10
Workshops $11,375.30
- Pat Hines, Program Manager (Safe Moves) 75
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
SRTS Toolkit (1) (Developed in Year 1) N/A
Workshop Content $7,391.80
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
TOTAL FOR TASK 3 710 $50,244.20
4 ENCOURAGEMENT
4.1 Kick-off Event (1) NONE N/A
4.2 Pop-Up Events (5) $13,053.50
- Pat Hines, Program Manager (Safe Moves) 50
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25
- Quinn Danz, Instructor (Safe Moves) 50
- Will Mellon, Instructor (Safe Moves) 50
- Marni Spencer-Devlin, Instructor (Safe Moves) 50
4.3 Encouragement Events $27,147.80
Walking, scooter riding and bicycle riding encouragement events (51) $27,147.80
- Pat Hines, Program Manager (Safe Moves) 90
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 60
Amendment No. 1 to Agreement/ Safe Moves, Inc./Revised Exbibit B2 – Fees by Task and Year Page 12 Rev. 10/25/2019
TASK # DESCRIPTION BUDGETED
HOURS Total
- Quinn Danz, Instructor (Safe Moves) 100
- Will Mellon, Instructor (Safe Moves) 100
- Marni Spencer-Devlin, Instructor (Safe Moves) 100
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
OTS funded helmets and safety equipment (Purchased in year 1) N/A
TOTAL FOR TASK 4 715 $40,201.30
5 PRORGRAM EVALUATION
5.1 Surveys $9,033.70
Pre and Post Parent Surveys and Student Tallies $9,033.70 - Pat Hines, Program Manager (Safe Moves) 30
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40
- Quinn Danz, Instructor (Safe Moves) 20
- Will Mellon, Instructor (Safe Moves) 20
- Marni Spencer-Devlin, Instructor (Safe Moves) 20
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 25
OTS Pre and Post Helmet Surveys (17 Schools) N/A
5.2 (1) Annual Report (17 Schools) & Program Evaluation Report (17 Schools) $8,316.20
- Pat Hines, Program Manager (Safe Moves) 40
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30
- Eve Mazzara, Graphic and Social Media
Coordinator (Safe Moves) 40
TOTAL FOR TASK 5 265 $17,349.90
TOTAL FOR ALL TASKS $156,651.80
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $ 1,500.00
508 Posters $ 1,200.00
Safety Tips for Students & Parents $ 2,500.00
51 Encouragement Event Flyers $ 2,300.00
TOTAL FOR PRINTING $ 7,500.00
YEAR 3 TOTAL $164,151.80
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-995 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 1 to the Agreement with Real Environmental Products, LLC for Landfill Gas Collection System Repair and Maintenance Services
COUNCIL PILLAR
Deliver and enhance high quality efficient services and infrastructure
BACKGROUND
The Department of Public Works (DPW) is responsible for landfill post-closure maintenance and monitoring at All Purpose Landfill, which closed in 1993. All Purpose Landfill has an extensive Landfill Gas Collection System (LGCS) in place to ensure landfill-generated methane is not released into the atmosphere. Landfill gas is transported to the Ameresco power plant, where it is converted to electricity that is sold to Silicon Valley Power (SVP). The continuous settlement of the landfill can damage the LGCS network. Ongoing maintenance and repairs are necessary to remain operational and in compliance with Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board (RWQCB), Department of Resources Recycling and Recovery (CalRecycle), and Santa Clara County Department of Environmental Health regulations.
On December 10, 2019, City Council approved an agreement (Attachment 1) with Real Environmental Products, LLC (REP) for LGCS maintenance and repair services with a maximum compensation of $1,000,000 over the five-year term following a selection process conducted in accordance with the contracting procedures set forth in Section 2.105.330 of the Santa Clara City Code.
DISCUSSION
In October 2019 the municipal golf course that formerly occupied the majority of the landfill surface was closed and the irrigation was turned off. Golf course maintenance staff used to routinely maintain drainage and fill low spots on the golf course to keep it playable for patrons. There were also a series of drains installed and maintained by golf course maintenance staff that prevented ponding on top of landfill cover which were not routinely maintained following the closure because their existence was not known to DPW. The amount of drainage/settlement and related LGCS repairs have substantially increased since the golf course has closed.
In preparation for potentially higher landfill monitoring, reporting, operation, maintenance and repair costs following the closure of the municipal golf course, verbiage was included in the Disposition and Development Agreement (DDA) with Related Santa Clara to protect the City from higher operation and maintenance costs due to the development. The DDA deemed the baseline landfill costs to be $450,000 during the first year of the agreement which became effective on August 12, 2016. The 2016 baseline landfill cost of $450,000 included expenditures for monitoring, reporting, maintenance City of Santa Clara Page 1 of 3 Printed on 10/5/2023
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23-995 Agenda Date: 10/10/2023
repairs, and permitting and is increased by a Consumer Price Index (CPI) adjustment on each anniversary of the effective date. For the Agreement Year covering August 12, 2023 - August 11, 2024, assuming a 4.2 percent CPI increase (subject to change based on the actual CPI increase for the period), it is estimated that the adjusted baseline landfill cost may be approximately $572,000.The City will be responsible for paying the landfill operations and maintenance costs up to the adjusted baseline amount ($572,000 estimate). Related will be responsible for reimbursing the City for costs above the baseline, up to a cap which is estimated to be $1,300,000, at which point the City would resume responsibility for landfill post-closure costs above the cap.
The City has budgeted to spend approximately $800,000 on landfill post-closure costs during the upcoming Agreement Year. The additional funds spent on LGCS repairs will not push the City over the cap and will be subject to reimbursement by Related Santa Clara. The agreement with REP does not expire until December 11, 2024. However, the compensation paid to REP is approaching the maximum $1,000,000 limit set forth in the agreement. Amendment No. 1 (Attachment 2) increases the maximum compensation authorized under the agreement and is needed to enable REP to provide services to keep the LGCS operational and compliant.
DPW staff will coordinate with Purchasing Division staff to initiate a competitive procurement process for a new agreement in 2024.
ENVIRONMENTAL REVIEW
The action being considered is exempt for the California Environmental Quality Act (“CEQA””) pursuant to CEQA Guidelines section 15301 “Existing Facilities”, as the activity consists of the repair, maintenance or minor alteration of existing facilities involving no negligible expansion of the use beyond that presently existing.
FISCAL IMPACT
Funding to cover additional LGCS repair and maintenance services is appropriated in the Solid Waste Fund’s FY 2023/24 Adopted Capital Budget. Landfill post-closure maintenance costs exceeding the August 12, 2023 - August 11, 2024 Agreement Year Baseline Costs (currently estimated to be $572,000 and subject to change based on the actual change in CPI) will be reimbursed by Related Santa Clara following the close of the Agreement Year.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
City of Santa Clara Page 2 of 3 Printed on 10/5/2023
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23-995 Agenda Date: 10/10/2023
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Real Environmental Products, LLC to increase the maximum compensation by $300,000 for a total contract amount of $1,300,000 over the five-year term for landfill gas collection system repair and maintenance services, subject to appropriations.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Agreement
2. Amendment No. 1
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EBIX Insurance No. *S200001349
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
REAL ENVIRONMENTAL PRODUCTS, LLC
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Real Environmental Products, LLC, a California limited liability company (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1.. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, Agreement with Real Environmental Products, LLC
Rev. 07-01-18
whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on December 11, 2019 and terminate on December 11, 2024.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR- STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is one million dollars ($1,000,000.00), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not Agreement with Real Environmental Products, LLC
Rev. 07-01-18
be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire · subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR·
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed Agreement with Real Environmental Products, LLC
Rev. 07-01-18
or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports conceming its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner Agreement with Real Environmental Products, LLC
Rev. 07-01-18
Page4
arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed·by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Agreement with Real Environmental Products, LLC
Rev. 07-01-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: DPW-Street Division - Dave Staub
1700 Walsh Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
Real Environmental Products, LLC
Attention: Rodney C. Peoples
1510 CA-49
Jackson, CA 95642
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to 'The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Real Environmental Products, LLC
Rev. 07-01-18
Page6
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the.state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with Real Environmental Products, LLC
Rev. 07-01-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: _ ____:____:_.......:c....___::c...__ /, 9 ;l:D) _______ _ City Attorney
"CITY"
~Fvn DEA~. SANTANA
City a ager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
REAL ENVIRONMENTAL PRODUCTS, LLC
a California limited liability company
Dated:
-~+----''-.,,<9~---4----c.r-r'---------
By (Signature): -"""'~~-"-'9-,i!--...,,.C::~L.:___.._,_ _______ _ Name:
__ ____. __ ___.'-------------
Tit I e: Principal Owner
Principal Place of
Business Address: 1510 CA-49, Jackson, CA 95642
Email Address: [email protected]
Telephone: (209) 296-7900
Fax: (209) 267-4018
"CONTRACTOR"
Agreement with Real Environmental Products, LLC
Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
I. BACKGROUND
A. All Purpose Landfill
The Santa Clara All Purpose Landfill is in the northern part of the City of Santa Clara, straddling Lafayette Avenue south of state Highway 237 (see Landfill Location Map, Figure 1). The site address is 5401 Lafayette Avenue, Santa Clara, CA, 95050. The Landfill is a Class Ill waste management unit which operated from 1934 to 1993. The landfill waste prism consists of approximately 136 acres in four Parcels: 1, 2, 3/6 and 4.
These four landfill parcels contain an active landfill gas (LFG) collection system originally constructed circa 1987. The Landfill has been in the postclosure maintenance period since 1994. The City is responsible for ongoing postclosure monitoring and maintenance activities.
Parcels 2, 3/6 and 4 were developed into a municipal golf course which is scheduled to cease operation in October 2019 in advance of the initial development of City Center Santa Clara, a mixed-use development. The northwest portion of Parcel 1 has been developed into a BMX track. After the golf course closes, landfill surface, drainage and cover cap maintenance services will be performed by other City contractor(s). The air space above the landfill has been leased to Related Santa Clara LLC (Related), who has-proposed plans for phased development into a mixed-used commercial J residential village over the next 25 years.
Landfill Gas Collection System (LGCS) Repair and Maintenance Attachment A, Scope of Work and Specifications
Figure 1, Landfill Location Map
Bs$em11plrom Goag,i,;, Efi/!11;
PJt:>bgr11p1y d!le .bnus,y 31.2016
SCALE: 0 2000
(Apploxim&'e)
Landfill Gas Collection System (LGCS) Repair and Maintenance Attachment A, Scope of Work and Specifications
4000FEET
B. Landfill Gas Collection System Summary
The existing LGCS is owned by the City and installed throughout all four landfill parcels (see LGCS Plan, Figure 2). The LGCS includes approximately: 11 7 4 active vertical LFG extraction wells 11 24,000 linear feet of 3-inch to 10-inch landfill gas conveyance piping, the great majority being solvent-welded Schedule 40 PVC approximately 3 to 6 feet below ground surface (except on-grade piping in Parcel 1) 11 3,000 linear feet of 2-inch HOPE air supply and condensate discharge pipe • 5 below grade condensate collection sumps, 4 with pneumatic auto-pumps • 1 below grade leachate collection sump with submersible electric pump • 64 condensate drain traps
• 19 header shut-off (butterfly) valves
• 147 flush mount valve boxes (for access to the LFG wellheads, condensate traps and header shut-off valves)
Landfill Gas Collection System (LGCS) Repair and Maintenance Attachment A, Scope of Work and Specifications
Figure 2, City of Santa Clara LFGCS Map by REP
.::.
Landfill Gas Collection System (LGCS) Repair and Maintenance Attachment A, Scope of Work and Specifications
C. Landfill Gas Operations
The LFG is collected continuously by the LGCS and conveyed to a flare station/LFG energy facility via the 10-inch header pipe. This facility is located on the east side of Lafayette Avenue, between Parcels 1 and 2. LFG is directed as needed to fuel microturbines owned and operated by Ameresco to produce electricity. Excess LFG is directed to the flare for destruction. Operations, monitoring, maintenance and repairs within the flare station/LFG energy facility are performed by others and are not included within this contract scope of services.
The City-owned flaring station includes an LFG handling skid and an enclosed ground flare, both installed in the spring of 2018. The LFG handling skid includes two multistage centrifugal blowers, with one blower operating on automatic flow control while the other is on standby. Condensate collected from the LGCS is pre-treated at the flare station by pH neutralization, then discharged to a nearby City sanitary sewer connection. The methane concentration is typically maintained above 38 percent and the oxygen concentration is maintained below 3 percent for microturbine use.
Golder Associates Inc. (Golder) currently performs LGCS monitoring a minimum of monthly and flare station monitoring weekly. Results are reported periodically to the City and the Bay Area Air Quality Management District (BMQMD). Potential repair requirements may be observed and noted at any time by the City, Golder, or other contractors on the site.
Golder periodically prepares a list of all noted repairs necessary to keep the LGCS functioning and in compliance. It may also note required items to replenish the LGCS spare parts inventory. The list of potential repairs is submitted for approval to the City, who will then request a cost proposal from the selected Contractor for completing the repairs. The Contractor must submit a cost proposal for each scheduled repair for approval by the City before commencing work. The repair cost proposal shall detail the personnel, number of hours, materials and equipment needed, contractor overhead, and the total not-to-exceed cost in accordance with the contracted rate schedule. Once the City provides Notice to Proceed with the repairs, the Contractor shall coordinate onsite activities and schedule with Golder staff, who will inspect the repairs.
D. Description of Typical Repairs
The existing LGCS has historically been allocated approximately 40 working days per year of repair contractor site time, typically distributed as two weeks per calendar quarter. There may be an increase in repairs required during the new contract term, due to impending commercial redevelopment construction on Parcel 4 and other locations beginning in 2020, as well as due to normal wear-and-tear of the aging LGCS.
Agreement with Real Environmental Products, LLC/Exhibit A-Scope of Services Rev. 07-01-18
Examples of typical LGCS repairs include (but are not limited to):
• Realign, regrade or replace LGCS pipe sections damaged or obstructed due to settlement.or vehicle loads
• Construct or replace compressed air and condensate discharge pipe sections ·
• Raise LGCS vault boxes and/or internal components (sunken due to settlement)
• Repair or replace non-functional LFG extraction wellheads or components such as sample ports, temperature gauges, flexible hoses, and membrane boot seals.
• Repair condensate drain traps or replace with self-contained condensate sump/ pumps
• Repair or replace condensate sump/ pumps
• Replace worn flexible rubber components (expansion couplings, casing caps, reducer couplings or bushings)
• Troubleshoot and repair LGCS / compressed air/ condensate discharge pipe breaks or leaks
• Decommission non-operational LGCS components
The City anticipates a new LGCS will be installed in Parcel 4 as part of the City Center Santa Clara development during the term of this Contract. The new LGCS is currently in design development and is scheduled for permit submittals in approximately May 2020. The new LGCS is intended to replace the existing LGCS in Parcel 4, after demonstrating successful start-up and initial operation. Repairs to both existing and new LGCS due to damage by redevelopment construction or operation are the responsibility of Related and will not be included under this scope of services, without Related's written authorization of reimbursement to the City. Neither is installation of the new LGCS included under this Contract.
All work will be required to comply with City building codes and all applicable state and local regulations and permits, including prevailing wage requirements, as well as with the Contractor's site-specific health and safety plan approved by the City. Applicable regulations include but are not limited to, BAAQMD Regulation 8, Rule 34 (Solid Waste · Disposal Sites) and California Code of Regulations Titles 17 and 27. A proposer certification form (Attachment C) is required.
II. SERVICES TO BE PROVIDED
The following three general categories of services have been identified. The selected Contractor will provide cost, schedule, and related information on performing individual work elements upon request, as needed to fully describe the work to be performed. The labor and equipment pricing shall be in accordance with Contract rate sheets approved for the term of the Contract. Upon written acceptance of the cost proposal, the selected Agreement with Real Environmental Products, LLC/Exhibit A-Scope of Services Rev. 07-01-18
Contractor will work directly with the City or its designated representative during performance of that work element.
Scheduled landfill gas collection system maintenance and repair services on a timeand-material basis for a 5-year term Emergency landfill gas collection system repair services on a time-and-material basis for a 5-year term
Extra services not included in proposed standard rates for Tasks 1 and 2 above (City allowance reserved per year)
A. As-needed Services
As-needed maintenance or repair service consists of corrective repair or maintenance work identified during site visits by the Contractor, the LGCS operator, and/or by City staff. This work is essential for proper LGCS operation; however, it is considered work that can be scheduled to allow for efficient procurement of materials or equipment or assignment of personnel. The Contractor shall provide a cost proposal and a not-toexceed quote to the City for all scheduled services. Work will only be performed after authorization from the City to the Contractor. For any other service items, written authorization by the City will be required prior to initiation of the work.
B. Emergency Services
Emergency service is service that is required to provide immediate response to protect life, property and the environment or to restore the LGCS to continuous operation.
Emergency services should be initiated onsite within twenty-four (24) hours of City's notification to Contractor. Such services may include, but are not limited to:
Repairing damage due to natural or man-made disasters
Mitigating active discharges of LFG or condensate
Mitigating odor or other nuisance complaints
Repairing construction or other vehicle damage to major LFG pipes Responding to BAAQMD or other regulatory agency notices of violation Due to the nature of these items, repairs may have to be initiated as needed, 24 hours per day, 7 days a week, 365 days per year. Emergency service will be performed only after verbal authorization from City staff, to be followed by written authorization.
C. Extra Services (City Allowance Reserve)
An Extra Service is any service that is not covered under the Contractor's basic services and rate schedules as originally proposed and contracted. Extra Service may include, but is not limited to, scheduled or emergency repairs requiring traffic control, confined space entry, or emissions mitigation, or additional operating equipment such as crane, manlift, forklift, slurry or concrete mixer, or drill rig. Extra Services will be performed on Agreement with Real Environmental Products, LLC/Exhibit A-Scope of Services Rev. 07-01-18
a time and materials basis. The Contractor shall provide a written rate quote and not-to-exceed cost proposal to the City for all Extra Services, which will be made a part of the final agreement for service. Extra Service will only be performed after written authorization from the City to the Contractor.
Agreement with Real Environmental Products, LLC/Exhibit A-Scope of Services Rev. 07~01-18
EXHIBIT B
SCHEDULE OF FEES
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
I. Scheduled landfill gas collection system maintenance and repair services
Scheduled ma.intenance and repairs will be provided as needed and will be based on· the City's prioritized requirements and the Contractor's proposed scope of work and itemized time-and-materials cost to complete the project.
All such cost proposals shall be submitted to the City in advance of performing any services. The Contractor will perform services only after receiving written acceptance of the cost proposal by the City:
II. Emergency Services
Emergency Services will be performed within 24 hours of instruction of the City to proceed. An advance written proposal from the Contractor will not be required. An itemized invoice will be required upon completion of each project performed under Emergency Services.
The bidder shall state his/her labor, owned equipment and travel rates, and the methods used to determine pricing for rental equipment, subcontract services, materials, parts, etc. when performing work under Emergency Services, if different from Scheduled Services.
Ill. Extra Services
Extra maintenance and repair services will be provided as needed and will be baseµ on the Contractor's proposed scope of work and proposed time-andmaterials cost to complete the project. All such cost proposals shall be submitted to the City in advance of performing any services. The Contractor will perform services only after receiving written acceptance of the proposal by the City. Contractor proposal shall be itemized. A corresponding itemized invoice will be required upon completion of each project performed under Extra Services.
The contractor shall state its costs and methods used to determine pricing for extra rental equipment, subcontract services, materials, parts, etc., when performing work under Extra Services.
Agreement with Real Environmental Products, LLC/Exhibit 8-Schedule of Fees Rev. 07-01-18
I. Rates for Scheduled Services
Item Prevailing Wage
No. Personnel Category Unit Rate($) .
1 Principal per hour NA
2 Project Manager per hour NA
3 Designer / ACAD per hour NA
4 Foreman per hour 126.00
5 Equipment Operator per hour 175.00
6 Service Technician per hour 125.00
7 Extrnsion Technician per hour 125.00
8 Fusion Technician per hour 125.00
9 General Labor per hour 120.00
10 Other Construction S12ecialist per hour 120.00
11 Other per hour
12 Other per hour
13 Labor overtime multiplier after: factor _8_hr day and/or hr week 1.25 14 Travel expenses (Per Diem) per day 264.00
15 Site-specific Health & Safety Plan Lump Sum NA
Item
No. Equipment Category Rate($)
16 Service Trnck & Tools per day 300.00
17 Service Vehicle Mileage per mile 0.65
18 Loader / Backhoe per day 600.00
19 Utility/ Te1rnin Vehicle per day 250.00
20 Walking Plate Compactor per day 150.00
21 l" - 4" HDPE Fusion Machine per day 125.00
22 4" - 6" HDPE Fusion Machine per day 200.00
23 Portable HDPE Extrusion Welder per day 250.00
24 Portable Generator per day 200.00
25 Po1iable Air Compressor per day 250.00
26 Modified Level D PPE, per worker per day 100.00
27 Laser Level per day 50.00
28 Digital Manometer per day 50.00
29 Other Jackhammer 100,00
Agreement with Real Environmental Products, LLC/Exhibit 8-Schedule of Fees Rev. 07-01-18
Non-Prevailing
Wage Rate ($)
160.00
125.00
70.00 NA
NA
NA
NA
NA
NA
NA
1.50 264.00
1,200.00
Equipment Size
or Model
Full Size Pick-up
Full Size Pick-up
Case
Side X Side
Whacker
McElroy
Christie
Leister
Generac
Emglo
NIA
Dewalt
UEI
Bosch
II. Rates for Emergency Services
Item Prevailing Wage
No. Personnel Category Unit Rate($)
1 Principal per hour NA
2 Project Manager per hour NA
3 Designer I ACAD per hour NA
4 Foreman per hour 160.00
5 Equipment Operator per hour 220.00
6 Service Technician per hour 156.00
7 Extrusion Technician per hour 156.00
8 Fusion Technician per hour 156.00
9 General Labor per hour 150.00
10 Other Construction Snecialist per hour 150.00
11 Other per hour
12 Other per hour
13 Labor overtime multiplier after: factor _8_ hr day and/or 40 hr week 1.25 14 Travel expenses (Per Diem) per day 285.00
15 Site-specific Health & Safety Plan Lump Sum NA
Item
No. Equipment Category Rate($)
16 Service Truck & Tools per day 300.00
17 Service Vehicle Mileage per mile 0.65
18 Loader / Backhoe per day 600.00
19 Utility/ Terrain Vehicle per day 250.00
20 Walking Plate Compactor per day 150.00
21 1" 4" HDPE Fusion Machine per day 125.00
22 4" - 6" HDPE Fusion Machine per day 200.00
23 Portable HDPE Extrusion Welder per day 250.00
24 Portable Generator per day 200.00
25 Portable Air Cmnpressor per day 250.00
26 Ivfodified I ,eve! D PllE, per worker per day 100.00 27 Laser Level per day 50.00
28 Digital Manometer per day 50.00
29 Other 100.00
Agreement with Real Environmental Products, LLC/Exhibit 8-Schedule of Fees Rev. 07-01-18
Non-Prevailing
Wage Rate ($)
200.00
156.00
90.00 NA
NA
NA
NA
NA
NA
NA
1.50 285.00
1,200.00
Equipment Size
or Model
Full Size Pick-up
Full Size Pick-Up
Case
Side X Side
Whacker
McElroy
Christie
Leister
Generac
Ernglo
N/A
Dewalt
UBI
Bosch
Ill. Pricing Method for Extra Services
Contractor's
Item Scheduled
No.
1 2
3 4
5 6
7 Personnel Category Unit Mark-up(%)
Vehicle Rentals % actual cost 20
Other Equipment Rentals % actual cost 20
Subcontract Services % actual cost 20
Expendable Supplies % actual cost 20
Construction Materials % actual cost 20
Other % actual cost
Other % actual cost
Agreement with Real Environmental Products, LLC/Exhibit 8-Schedule of Fees Rev. 07-01-18
Contractor's
Emergency
Mark-up(%)
35 35
35 35
35
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf" basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
8. BUSINESS AUTOMOBI LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with Real Environmental Products, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accidenUBodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
Agreement with Real Environmental Products, LLC/Exhfbit C-lnsurance Requirements Rev. 07-01-18
3. 4.
General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);
Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
5. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to Agreement with Real Environmental Products, LLC/Exhlbit C-lnsurance Requirements Rev. 07-01-18
City. It is not the intent of .City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
Agreement with Real Environmental Products, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
EBIX Inc.
City of Santa Clara Department of Public Works - Street Division P.O. Box 100085- S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Real Environmental Products, LLC/Exhibit C-lnsurance Requirements Rev. 07-01-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
I. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage ~etermination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with Real Environmental Products, LLC /Exhibit D-Labor Compliance Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, · demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Real Environmental Products, LLC /Exhibit D-Labor Compliance Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.
K. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all. required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with Real Environmental Products, LLC /Exhibit D-Labor Compliance Rev. 07-01-18
Amendment No. 1 to Agreement/Real Environmental Products LLC Page 1 Rev. 10/25/19
Ebix Insurance No S200001349
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
REAL ENVIRONMENTAL PRODUCTS, LLC
PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Real Environmental Products, LLC a California limited liability company, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services between the City of Santa Clara, California, and Real Environmental Products, LLC,” dated January 9,2020 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide landfill gas collection system maintenance and repairs and the Parties now wish to amend the Agreement to increase the maximum compensation amount.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 6 of the Agreement, entitled “Compensation and Payment” is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is one million-three hundred thousand dollars ($1,300,000.00), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
Amendment No. 1 to Agreement/ Real Environmental Products LLC Page 2 Rev. 10/25/2019
2. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
REAL ENVIRONMENTAL PRODUCTS, LLC
a California limited liability company
Dated:
By (Signature):
Name: Rodney C. Peoples
Title: Principal Owner
Principal Place of
Business Address: 1510 CA-49, Jackson, CA 95642
Email Address: [email protected]
Telephone: (209) 296-7900
Fax: (209) 267-4018
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 1 - Form.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-925 Agenda Date: 10/10/2023
REPORT TO COUNCIL
SUBJECT
Action on Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara Congregate Meals Program
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara works collaboratively with the County of Santa Clara to provide a Senior Nutrition Congregate Meals Program (Program) at the Santa Clara Senior Center. The Program targets seniors, aged 60 and over, serving a basic need of lower income households and special needs populations. The Program goals are to reduce hunger and food insecurity, increase socialization, and promote the health and well-being of older adults. The Program is a gateway to other supportive community programs and services at the Senior Center. The term of the original contract began on July 1, 2019 and has been amended four (4) times. The proposed amendment would extend the term through June 30, 2024.
DISCUSSION
On May 2, 2023, the County authorized the County Executive to issue the City the fifth amendment to the agreement for the provision of the Senior Nutrition Congregate Meals Program at the Senior Center for FY 2023/24 to be effective through June 30, 2024. The amendment to the agreement includes changes incorporated as follows: (a) Exhibit A-5: Program Provisions which describes basic terms and the County financial obligations not to exceed $129,632 in FY 2019-2020, $110,774 in FY 2020-2021, $121,324 in FY 2021-2022, $135,780 in FY 2022/23 and $139,308 in FY 2023/24 for a total not to exceed $636,818; (b) Exhibit B-5: Program Plan & Requirements which describe the Program, eligibility, meals, site conditions, etc.; (c) Exhibit C-5: Budget Plan; (d) Exhibit D-5: “Logic Model” which defines the Program goals, activities and measures; (e) Exhibit E-1: COVID-19 Contractor Certification which describes compliance with COVID-19 vaccine requirements; and (f) Exhibit F: Senior Nutrition Program (SNP) Post Pandemic Standard of Operations which describe the return to standard operations in accordance with state and local regulations, including Title III-C Older Californians Nutrition Program (OCNP) guidelines.
As in previous years, the City has allocated funds for Program expenditures. The County will reimburse the City for serving an average of 75 meals per day for 247 service days, which is equal to 18,525 meals, at a rate of $7.52 per meal or a total of $139,308 for allowable Program expenditures.
This accounts for about 72% of the Program total. The City will provide a match of 14% in the form of volunteer hours (see Attachment 1, Exhibit C-6), and 14% in the form of funds from the General Fund. The Program also receives participant contributions/donations. See fiscal impact section below for additional details.
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23-925 Agenda Date: 10/10/2023
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The City’s Senior Nutrition Program revenues and appropriations in the Parks and Recreation Operating Grant Trust Fund are included in the FY 2023/24 and FY 2024/25 Operating Budget. The City contributes $27,445 from the General Fund and also receives donations towards the program.
The County funds the remaining cost of the program on a reimbursement basis; in FY 2023/24, the agreement with the County will total $139,308. This reflects an increase from the amount assumed in the FY 2023/24 Adopted Budget. To account for the increased funding from the County, the requested budget amendment increases the FY 2023/24 Other Agencies revenue estimate and the Senior Nutrition Program appropriation by $14,390, from $124,918 to $139,308.
Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Parks and Recreation Operating Grant Trust Fund
Revenues
Other Agencies Revenue $124,918 $14,390 $139,308
Expenditures
Senior Nutrition Program $152,363 $14,390 $166,753
COORDINATION
This report has been coordinated with the City Manager’s Office, City Attorney’s Office and Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.
RECOMMENDATION
1. Approve and authorize the City Manager to execute Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals at the Santa Clara Senior Center in an amount not to exceed $139,308 for FY 2023/24 for a total contract amount not to exceed $636,818, in a final form approved by the City Attorney; and
2. Authorize the Office of the City Manager to negotiate and execute minor amendments to the Agreement, in a final form approved by the City Attorney, subject to Council appropriation of funds; and
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23-925 Agenda Date: 10/10/2023
3. Approve the related FY 2023/24 budget amendment in the Parks and Recreation Operating Grant Trust Fund to increase the Other Agencies Revenue estimate and the Senior Nutrition Program appropriation by $14,390 (five affirmative Council votes required to appropriate additional revenue) .
Reviewed by: Dale Seale, Acting Director of Parks & Recreation Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Fifth Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals
2. Original Contract Between the County of Santa Clara and City of Santa Clara - Senior Nutrition - Congregate Meals Program
3. First Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals
4. Second Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals
5. Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals
6. Fourth Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals
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CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND
CITY OF SANT A CLARA
1. This Contract is between the County of Santa Clara (henceforth, COUNTY) and City of Santa Clara (henceforth, CONTRACTOR) for the Senior Nutrition - Congregate Meals Program.
2. The parties agree to comply with the General Terms and Conditions contained in Articles 1-V of this Contract and provisions contained in Exhibit A: Program Provisions, Exhibit B: Program Plan & Requirements, Exhibit C: Budget, and Exhibit D: Logic Model which are attached hereto and incorporated herein by this reference and made a part of this Contract.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereby agree to the terms of this Contract.
COUNTY OF SANTA CLARA
Robert Merncocci, Director
Social Service Agency
Date: 10;22;2019
r;;;;; o/.-U&
7oliri"f3""'" . M-ills---~----
Deputy County Executive
D t 6/18/2019 ae: ___ _
APPROVED AS TO FORM AND LEGALITY
Javier Serrano, Deputy County Counsel
Date: 6/17 ;2019
CONTRACTOR
Dean Santana, City Manager
City of Santa Clara
Date: \C),..7 --\C\ ATTWQ
Nora Pimentel, MMC
Date: l~/9/lf
APPROVED AS TO FORM
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Contract General Terms and Conditions
1. TOTALITY OF CONTRACT
Article I
General Terms
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged Into this Agreement. No prior or contemporaneous agreement of understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
2. AMENDMENTS
All amendments or modifications must be in writing and signed by authorized representatives of all contracting parties.
3. CONFLICTS OF INTEREST
a. CONTRACTOR shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of Interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for Immediate termination of this Agreement by the COUNTY.
b. In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and will not acquire any interest, direct or Indirect, financial or otherwise, which would conflict In any manner or degree with the performance of this Agreement. CONTRACTOR further covenants that, In the performance of this Agreement, it will not employ any CONTRACTOR or person having such an interest. CONTRACTOR, including but not limited to CONTRACTOR's employees and subcontractors, may be subject to the disclqsure and disqualification provisions of the California Political Reform Act of 197 4 (the "Act"), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating In making decisions that will foreseeably financially affect such Interests.
c. If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, CONTRACTOR shall, upon execution of this Agreement, provide the COUNTY with the names, description of individual duties to be performed, and email addresses·of all Individuals, including but not limited to CONTRACTOR's employees, agents and subcontractors, that could be substantively involved in "making a governmental decision" or "serving in a staff capacity and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
4. 5.
6. 7.
position," (2 CCR 18701 (a)(2}), as part of CONTRACTOR's service to the COUNTY under this Agreement. CONTRACTOR shall immediately notify the COUNTY of the names and email addresses of any additional individuals later assigned to provide such service to the COUNTY Linder this Agreement in such a capacity. CONTRACTOR shall Immediately notify the COUNTY of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to the COUNTY.
d. If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, CONTRACTOR shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other laws and regulations listed in subsection (A) including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this Agreement, annually by April 1, and within 30 days of their termination of service pursuant to this Agreement. ·
APPLICABLE LAWS AND VENUE
This Contract has. been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. In the event that suit is brought by either party, the parties agree that trial of such action shall be exclusively vested in a state court in the County of Santa Clara or, if federal jurisdiction is appropriate, in the United States District Court for the ·Northern District of California, San Jose, California.
SUBCONTRACTING AND ASSIGNABILITY
This Contract cannot be subcontracted or assigned without prior written approval of COUNTY. In the event of such approval, any sub-contract or assignment is subject to the same provisions for providing service as the Contract between COUNTY and CONTRACTOR. CONTRACTOR must monitor, evaluate, and account for the subCONTRACTOR(s} services and operations. Any assignment of this Contract or subcontract entered into in violation of this provision by CONTRACTOR is void and CONTRACTOR will be held legally responsible.
WAIVER
The waiver of any breach of the terms hereof, or of any default hereunder, is not deemed a waiver of any subsequent breach or default, whether of the same or similar nature, and does not affect the terms hereof. No waiver or modification is valid or binding unless in writing and signed by both parties.
INDEPENDENT CONTRACTOR STATUS
CONTRACTOR will perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of COUNTY. None of the provisions of this Contract is intended to create, nor will be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for purpose of effecting the provisions of this Contract. The parties are not, and will not be construed to be in a relationship of joint venture, partnership, or employer-employee. Neither party has the authority to make any statements, representations, or commitments of any kind on behalf of the other party, or to use the name of the other party in any publications or advertisements, except with the written consent of the other party or as · is explicitly provided herein.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
8. CONTRACTOR is solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any.
SEVERABILITY OF PROVISIONS
If any provision(s) of this Contract are held Invalid, the remainder of this Contract remains in force.
Article II
Fiscal Accountability and Requirements
1. AVAILABILITY AND SUBSTITUTION OF FUNDS
2. 3.
4. a. Notwithstanding any provision herein, this Contract is valid and enforceable only if sufficient funds are available. In the event of reduction, suspension, discontinuance, or other unavailability of funds, COUNTY unilaterally may take appropriate actions including, but not limited to, reducing existing service authorization, immediate termination of the Contract, or reducing the maximum dollar amount of this Contract with no liability occurring to the COUNTY. b. The COUNTY may substitute State or Federal funds for funds appropriated by the Board of Supervisors for payments to be made pursuant to this Contract.
CONTRACTOR will then be bound by the requirements of any State or Federal grant contracts, statutes, regulations, guidelines, or directives associated with the funds.
COMPENSATION TO CONTRACTOR
Compensation method shall be fee for service with a quarterly reconciliation to actual costs.
DISALLOWED COSTS
a. CONTRACTOR is liable for any funds expended that are not in accordance with this Contract, including, but not limited to, disallowed costs, violation, and/or default of Contract. CONTRACTOR will repay COUNTY disallowed costs, violation and/or default amounts within ninety (90) days of discovery of these costs. This provision survives the termination of this Contract.
b. If funding under this Contract are from Federal sources, such funds may not be used by CONTRACTOR, either directly or Indirectly, as a contribution for the purpose of obtaining any Federal funds under any Federal programs. An indirect use of such funds to match Federal funds Is defin.ed as: "the allocation by CONTRACTOR of funds received under this Contract to a non-matching expenditure, thereby releasing or displacing other of Its funds for the purpose of matching Federal funds."
FINANCIAL RECORDS
a. CONTRACTOR will establish and maintain a system of financial controls and accounting in conformance with Generally Accepted Accounting Principles (GAAP).
b. CONTRACTOR must maintain accurate and complete financial records of all costs and operating expenses In connection with this Contract Including, but not limited to subcontracts, invoices, timecards, cash receipts, vouchers, canceled checks, bank Statements, and other official documentation indicating in proper detail the Page4 of30
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
nature and propriety of all costs incurred, and reimbursed by COUNTY. c. The financial records must show that funds received under this Contract are used for purposes consistent with the terms of this Contract. · Article Ill
Reporting, Records, Audit, Evaluations, and Termination
1. INSPECTION AND AUDIT
a. All records, books, reports, and documentation maintained by CONTRACTOR pursuant to this Contract, or related to the CQNTRACTOR's activities and expenditures under this Contract, will be open for inspection and audit by Federal, State, and County officials, or their agents, upon demand at reasonable times.
Such records must be kept in the State of California for the retention period specified In this Contract. This provision survives the termination of this contract. b. CONTRACTOR will provide the Federal, State, or County officials, or their agents' reasonable access, through representatives of CONTRACTOR, to facilities, records, clients, and employees that are used in conjunction with the provision of contract services, except where prohibited by Federal or State laws, regulations or rules.
c. CONTRACTOR must submit to COUNTY audited financial reports conducted by an Independent certified public accountant no later than four ( 4) months after the end of the last month of the contract term, indicating that reported costs are actual, reasonable, necessary, allowable, and computed in accordance with GAAP and provisions stipulated in this Contract. In addition, the CONTRACTOR must submit any management letters or management advisory letters that apply to the CONTRACTOR's agency audit. COUNTY has the discretion to only require an audit report every two (2) years.
d. COUNTY may elect to accept an audit report in accordance with GAAP conducted to meet compliance requirements of other funding entities In the event all of the above provisions are met.
2. REPORTING REQUIREMENTS
a. CONTRACTOR must maintain complete and accurate records of Its operation, including any and all records required by COUNTY relating to matters covered by this Contract, including, but not limited to, financial records, supporting documents, client statistical records, personnel and all other pe.rtlnent records. COUNTY may receive copies of any and all such records upon request. b. CONTRACTOR must submit to COUNTY a compensation claim on forms approved by COUNTY Social Services Agency, as outlined in Article II. c. CONTRACTOR must assist COUNTY in meeting COUNTY's reporting requirements to the State and other agencies with respect to CONTRACTOR's work hereunder. This cooperation includes assisting COUNTY to prepare evaluations required by the State or Federal governments regarding services provided by CONTRACTOR under this Contract. CONTRACTOR must submit to COUNTY any and all reports that may be required by COUNTY concerning
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
CONTRACTOR's performance under this Contract.
d. Upon COUNTY's request, CONTRACTOR must provide COUNTY evidence of CONTRACTOR's capacity to perform under this Contract, Its compliance with applicable statutes and regulations, and its compliance with the terms and conditions of this Contract.
e. All records, books, reports and documentation must be retained In the State of California by CONTRACTOR for four (4) years after termination of this Contract; or until all Federal, State and County audits are completed; or until all disputes, litigation, or claims are resolved; whichever is later. All such records, books, reports and documentation must be transmitted to the. COUNTY of Santa Clara, Social Services Agency in the event that CONTRACTOR goes out of business during the period in which records are required to be maintained. This provision survives the termination of this contract.
f. CONTRACTOR must within 30 calendar days advise the COUNTY of 1) the issuance of any legal complaint by an enforcement agency, or any enforcement proceedings by any Federal, State or local agency for alleged violations of Federal, State or local rules, regulations or laws, and/or 2) the issuance of citations, court findings or administrative findings for violations of applicable Federal, State or local rules, regulations or laws. ·
g. Contractor guarantees that it, its employees, contractors, subcontractors or agents are not suspended or debarred from receiving Federal fund as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs Issued by the Federal General Services Administration (https://www.sam.gov/).
CONTRACTOR must within 30 calendar days advise the COUNTY if it, its employees, contractors, subcontractors or agents become suspended or debarred from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued· by the Federal General Services Administration during the term of this Agreement.
3. RESPONSIBILITY FOR AUDIT EXCEPTIONS
CONTRACTOR accepts responsibility for receiving, replying to, and complying with any audit exceptions by appropriate Federal, State, or County, audit agencies.
4. MONITORING AND EVALUATION
a. COUNTY's Social Services Agency will monitor the work performed and financial operations conducted under this Contract to determine.whether CONTRACTOR's operation conforms to County policy, Federal and State statutes and regulations, and to the terms of this Contract.
b. COUNTY may conduct participant interviews to determine program compliance. c. CONTRACTOR agrees to participate In and cooperate with studies and surveys COUNTY deems necessary to meet its monitoring and evaluation responsibility. d. CONTRACTOR must furnish all data, Statements, records, information, and reports necessary for COUNTY to monitor, review, and evaluate the performance of the program and its components. Performance evaluations will examine the
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
following five factors: 1) fiscal accountability; 2) completion of work within a given time frame; 3) ability and effort to meet the performance criteria; 4) quality of services; and 5) a recommendation for future contracting with the contractor. e. If, in the course of monitoring and evaluation, COUNTY discovers any practice, procedure or P.Olicy of CONTRACTOR that deviates from the terms of this Contract; that violates State or Federal statutes or regulations; that threatens the success of the program carried on pursuant to this Contract, or that jeopardizes the fiscal integrity of said program, COUNTY may impose reasonable funding restrictions upon notice specifying the nature of the restrictions(s), reasons for Imposition, the corrective action that must be taken before they will be removed, time allowed for completing the corrective action, and method of requesting reconsideration.
f. CONTRACTOR must respond in writing to any discrepancies, violations, or deficiencies identified by COUNTY within ten (10) days.
5. CORRECTIVE ACTION PROCEDURE
a. Upon receipt by COUNTY of information regarding a failure by CONTRACTOR to comply with any provision of this Contract, COUNTY has the right to forward to CONTRACTOR a notice of COUNTY's intent to consider corrective action to enforce compliance with such provision. Such notice will indicate the nature of the issue, or Issues, to be reviewed In determining the need for corrective action.
CONTRACTOR may have the opportunity to respond or participate in formulating the corrective action recommendation. COUNTY has the right to require the presence of CONTRACTOR's officer(s) or employee(s) at any hearing or meeting called for the purpose of considering corrective action. b. After issuing such notice, and after considering CONTRACTOR's response, if any, COUNTY may forward to CONTRACTOR a set of specific corrective actions recommended and a timetable for implementing the specified corrective actions recommended. Following implementation of the corrective actions, CONTRACTOR will forward to COUNTY, within the time specified by COUNTY, any verification required by COUNTY regarding the corrective actions. c. In the event CONTRACTOR does not implement the corrective actions recommended in accordance with the corrective actions timetable, COUNTY may suspend payments hereunder or immediately terminate this Contract without further notice to CONTRACTOR.
6. TERMINATION
a. Termination for Convenience
COUNTY and/or CONTRACTOR may request a termination of convenience (without cause)·by notifying the other party in writing 30 days prior to the effective date of termination.
b. Termination for Cause
COUNTY may, at any time, elect to suspend or terminate this Contract or withhold payments to CONTRACTOR, in whole or in part, for cause, by giving written notice specifying the effective date and scope of such termination. Cause includes, but is not limited to the following:
. Page 7 of30
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
i. CONTRACTOR failure to comply with any contract provision; ii. CONTRACTOR fails to meet the performance criteria of this Contract; iii. COUNTY deems CONTRACTOR's performance unsatisfactory. iv. Litigation is pending with respect to the CONTRACTOR's performance under this Contract that may jeopardize or adversely affect services; v. CONTRACTOR is the subject of a voluntary or involuntary proceeding under the Bankruptcy Act;
vi. CONTRACTOR submits to COUNTY any reports that are incorrect or incomplete in any material respect, or falls to file timely reports; or, vii. CONTRACTOR is suspended or debarred from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Nonprocurement Programs issued by the General Services Administration. c. Terminations
In the event of any termination, all finished or unfinished documents, data~ studies, reports, and materials (Materials) prepared by the CONTRACTOR under this Contract becomes the property of the COUNTY and will be promptly delivered to the COUNTY. Upon termination, the CONTRACTOR may make and retain a copy of such Materials. CONTRACTOR may be compensated based on the completion of services provided, as solely and reasonably determined by COUNTY.
7. NON-EXCLUSIVE REMEDIES
The remedies listed in this Contract are non-exclusive, and COUNTY retains all other rights and remedies it may have under general law, including the right to terminate the Contract immediately without advance notice if CONTRACTOR becomes unable to perform its obligations under this Contract.
Article IV
Statutes, Regulations, and Policies
1. COMPLIANCE WITH STATUTES AND REGULATIONS
a. CONTRACTOR will comply with all Federal, State and local statues, laws, rules, regulations, codes, and ordinances, (Laws) effective at the inception of the Contract and that become effective during the Term of this Contract relating to its performance under this Contract. To the extent that Laws are in conflict with provisions of this Contract, the Laws prevail. CONTRACTOR will also provide services under the Contract in accordance with the resolutions, policies, procedures, directives and guidelines issued by the COUNTY Board of Supervisors or the Social Services Agency.
b. CONTRACTOR will comply with all applicable subsequent amended or added Federal, State, and local Laws and execute amendments necessary to implement such Laws.
c. CONTRACTOR recognizes the mandatory standards and policies relating to energy efficiency in the State energy conservation plan (Title 24, California Administrative Code).
d. For Contracts over $100,000 CONTRACTOR will comply with all applicable
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S. Code 1857 (h)), Section 508 of the Clean Water Act (33 U.S. Code 1368), Executive Order 11738, and Environmental Protection Agency regulations ( 40 CFR Part 15).
e. CONTRACTOR must establish procedures assuring that any person's complaints and grievances against CONTRACTOR regarding the delivery of services under this Contract are promptly addressed and fairly resolved.
2. NONDISCRIMINATION OF EMPLOYMENT
a. CONTRACTOR shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504 ); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. b. For Contracts over $10,000 CONTRACTOR agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity'" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations ( 41 CFP Part 60).
c. During the performance of this Contract, CONTRACTOR and Its SUBCONTRACTORS must not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of:
i. Age (40 and above),
ii. Ancestry,
iii. Color,
iv. Disability (Mental and Physical) including HIV and AIDS, v. Ethnic Group Identification,
vi. Family and Medical Care Leave,
vii. Marital Status,
viii. Medical Condition (cancer/genetic characteristics), ix. National Origin,
x. Pregnancy Disability Leave,
xi. Political Belief,
xii. Race,
xiii. Reasonable Accommodation,
xiv. Religious Creed,
xv. Sex/Gen.der, or
xvi. Sexual Orientation.
d. CONTRACTOR and SUBCONTRACTORS ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
e. CONTRACTOR and SUBCONTRACTORS comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulation promulgated hereunder (California Code Regulations, Title
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
3. 4.
2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a)- (f), are incorporated into this Contract by reference and made a part hereof as if set forth in full (California code Regulations, Title 2, Section 7285.0 et seq.). f. CONTRACTOR and its SUBCONTRACTORS will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
g. CONTRACTOR must include the non:.discrimination and compliance provisions of this clause in all SUBCONTRACTS to perform work under this Contract.
NONDISCRIMINATION OF SERVICES
a. CONTRACTOR ensures that services provided under this Contract are nondiscriminatory and that no person is denied ~ervices or subjected to discrimination under any program or activity because of:
i. Age (40 and above},
ii. Ancestry,
iii. Color,
iv. Disability (Mental and Physical} including HIV and AIDS, v. Ethnic Group Identification,
vi. Marital Status,
vii. Medical Condition {cancer/genetic characteristics}, viii. National Origin,
ix. Political Belief,
x. Race,
xi. Reasonable Accommodation, .
xii. Religious Creed,
xiii. Sex/Gender, or
xiv. Sexual Orientation.
b. CONTRACTOR may exclude an individual or group when the services of a program are restricted to a specific class of individuals or group and included as a provision of this Contract.
c. CONTRACTOR ensures that its appropriate personnel involved in providing services are educated regarding AIDS and HIV infection.
CONFIDENTIALITY
a. CONTRACTOR must require its employees and all persons performing services at its direction to comply with the provisions of Sections 827 and 10850 et seq. of the Welfare and Institutions Code {WIC) and Califo~nia Department of Social Services (COSS) Manual of Policies and Procedures, Division 19 Regulations. i. All applications and records concerning any individual receiving services pursuant to this contract are confidential and are not open to examination for any purpose not directly connected with the administration, performance compliance, monitoring or auditing of the program.
ii. No person may publish, disclose, use, or permit or cause to be published or
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
disclosed; any confidential information pertaining to services, except as is provided by law.
b. Upon the disclosure of confidential information, inadvertent or otherwise, the COUNTY may terminate this contract immediately and take legal action against CONTRACTOR. Any person who knowingly and Intentionally violates the provisions Stated above is guilty of a misdemeanor and the COUNTY intends to prosecute such violators to the full extent of the law. c. CONTRACTOR will inform all employees, agents, officers, and all persons performing services at its direction of the above provisions. All provisions of Article IV, Section 4 survive the termination of this Contract.
5. ASSIGNMENT OF CLAYTON ACT, CARTWRIGHT ACT CLAIMS
CONTRACTOR hereby assigns to the COUNTY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the CONTRACTOR for sale to the COUNTY pursuant to this Contract.
6. COUNTY NO-SMOKING POLICY
CONTRACTOR and its employees, agents and subcontractors, shall comply with the COUNTY's No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual Section 3.47 (as amended from time to time}, which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all COUNTY-owned and operated health facilities, (2) within 30 feet surrounding COUNTY-owned buildings and leased buildings where the COUNTY is the sole occupant, and (3) in all COUNTY vehicles.
7. FOOD AND BEVERAGE STANDARDS
a. Except in the ev.ent of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by CONTRACTOR with COUNTY funds for COUNTY-sponsored meetings or events. b. If food is to be provided, healthier food options must be offered. "Healthier food options" include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods.prepared using healthy cooking techniques; and (4) foods with less than
0.5 grams of trans fat per serving. Whenever possible, CONTRACTOR shall (1) offer seasonal and local produce; (2) serve fruit. instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional Information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the CONTRACTOR should consider providing a vegan option. If pr~-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
c. If beverages are to be provided, beverages that meet the COUNTY's nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant-derived milk (e.g., soy. milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (Including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving.
Sugar-sweetened beverages shall not be provided.
8. CONTRACTING PRINCIPLES .
CONTRACTOR agrees to comply with the COUNTY's Contracting Principles set forth In the Board Policy Manual. The Contracting Principles require, among other things, that CONTRACTOR be a fiscally responsible entity and treat its employees fairly.
CONTRACTOR is also required to (1) comply with all applicable federal, state and local rules, regulations and laws; (2) maintain financial records, and make those records available upon request; (3) provide to the COUN:rY copies of any financial audits that have been completed during the term of the contract; and (4) upon the COUNTY's request, provide the COUNTY reasonable access, through representatives of the CONTRACTOR, to facilities, financial and employee records that are related to the purpose of the contract, except where prohibited by federal or state laws, regulations or rules. Refer to:
https://www.sccgov.org/sites/scc/Documentsrrype _1_ or_ Type _11_ Contractors.pdf
9. THIRD PARTY BENEFICIARIES
This agreement does not, and is not Intended to confer arw rights or remedies upon any person or entity other than the parties.
10. MAINTENANCE OF SOFTWARE
If CONTRACTOR is provided with "remote access", defined as the act of connecting to a COUNTY attached information technology system from a non-county attached system through a public network, CONTRACTOR will maintain and use its non-county system, hardware, and software in compliance with COUNTY standards and policies set by the COUNTY Information Services Department.
11. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original Ink signature. The term "ELECTRONIC COPY OF A SIGNED CONTRACT" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract In a portable· document format. The term "ELECTRONICALLY SIGNED CONTRACT" means a contract that Is executed by applying an electronic signature using technology approved by the COUNTY.
12. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRMINATION, EQUAL
OPPORTUNITY, AND WAGE THEFT PREVENTION
a. Compliance with All Laws. Contractor shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, "Laws"), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara ·
FY2020
b. Compliance with' Non-Discrimination and Equal Opportunity Laws: Contractor shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County's policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504 ); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender Identity, gender expression, sexual orlenta~ion, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship}, hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religi9n, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
c. Compliance with Wage and Hour Laws: Contractor shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local Minimum Wage, Prevailing Wage, or Living Wage laws.
d. Definitions: For purposes of this Section, the following definitions shall apply. A "Final Judgment" shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired.
For pay equity Laws, relevant investigatory government agencies Include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, arid the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual's sex, gender, gender Identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197 .5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, fhe California Division of Labor Standards Enforcement, and the City of San Jose's Office of Equality Assurance. e. Prior Judgments, Decisions or Orders against Contractor: BY SIGNING THIS
AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY FINAL
JUDGMENTS THAT (A) WERE ISSUED IN THE FIVE YEARS PRIOR TO
EXECUTING THIS AGREEMENT BY A COURT, ANINVESTIGATORY
GOVERNMENT AGENCY, ARBITER, OR ARBITRATION PANEL AND (8)
FOUND THAT CONTRACTOR VIOLATED AN APPLICABLE WAGE AND HOUR , Page 13 of 30
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
LAW OR PAY EQUITY LAW. CONTRACTOR FURTHER AFFIRMS THAT IT HAS
SATISFIED AND COMPLIED WITH-OR HAS REACHED AGREEMENT WITH
THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY-ANY SUCH FINAL JUDGMENTS, DECISIONS, DETERMINATIONS, OR ORDERS. f. Violations of Wage ·and Hour Laws or Pay Equity Laws During Term of Contract:
If at any time during the term of this Agreement, Contractor receives a Final Judgment rendered against It for violation of an applicable wage and hour Law or pay equity Law, then Contractor shall promptly satisfy .and comply with any such Final Judgment. Contractor shall inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM) of any relevant Final Judgment against It within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever Is later. Contractor shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San Jose, CA 95110. Notice provisions in this paragraph are separate from any other notice provisions In this Contract and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
g. Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Contract concerning access to Contractor's record_s, Contractor shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County's request, Contractor shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Section, except where prohibited by federal· or state laws, regulations or rules. County's access to such records and facilities shall be permitted at any time during Contractor's normal business hours upon no less than 1 O business days' advance notice. h. Pay Equity Notification: Contractor shall (1) at least once in the first year of this Contract and annually thereafter, provide each of Its employees working in California and each person applying to Contractor for a job in California (collectively, "Employees and Job Applicants") with an electronic or paper copy of any applicable pay equity Laws, or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of Contractor's Employees and Job Applicants.
i. Material Breach: Failure to comply with any part of this Section shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Contract and at law. County may, among other things, take any or all of the following actions:
ii. Suspend or terminate any or all parts of this Agreement. iii. Withhold payment to Contractor until full satisfaction of a Final Judgment concerning violation of an applicable wage and hour Law or pay equity Law. iv. Offer Contractor an opportunity to cure the breach.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
i. Subcontractors: Contractor shall impose all of the requirements set forth in this Section on any subcontractors permitted to perform work under this Agreement.
This includes ensuring that any subcontractor re_ceiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.
13. LIVING WAGE {If Applicable) ·
Unless otherwise exempted or prohibited by law or County policy, where applicable, Contractors that c~:mtract with the County to provide Direct Services developed pursuant to a formal Request for Proposals process, as defined in County of Santa Clara Ordinance Code Division B36 ("Division B36") and Board Policy section 5.5.5.5 ("Living Wage Policy"), and their subcontractors, where the contract value is $100,000 or more ("Direct Services Contract"), must comply with Division B36 and the Living Wage Polley and compensate their employees in accordance with Division B36 and the Living Wage Policy. Compliance and compensation for purposes of this provision includes, but is not limited to, components relating to fair compensation, earned sick leave, paid jury duty, fair workweek, worker retention, fair chance hiring, targeted hiring, local hiring, protection from retaliation, and labor peace. If Contractor and/or a subcontractor violate this provision, the Board of Supervisors or its designee may, at its sole discretion, take responsive actions including, but not limited to, the following:
a. Suspend, modify, or terminate the Direct Services Contract. b. Require the Contractor and/or Subcontractor to comply with an appropriate remediation plan developed by the County.
c. Waive all or part of Division B36 or the Living WaQe Policy.
This provision shall not be construed to limit an employee's rights to bring any legal action for violation of the employee's rights under Division B36 or any other applicable law. Further, this provision does not confer any rights upon any person or entity other than the Board of Supervisors or its designee to bring any action seeking the cancellation or suspension of a County contract. By entering into this contract, Contractor certifies that it is currently complying with Division B36 and the Living Wage Policy with respect to applicable contracts, and warrants that it will continue to comply with Division 836 and the Living Wage Policy with respect to applicable contracts.
14. COUNTY DATA & 'CONFIDENTIALITY
a. "COUNTY Data" shall mean data and information received by Contractor from COUNTY. As between Contractor and COUNTY, all COUNTY Data shall remain the property of COUNTY. Contractor shall not acquire any ownership interest in the COUNTY Data. Contractor shall not, without COUNTY's written permission consent, use or disclose the COUNTY Data other than in performance of its obligations under this MOU. Contractor shall be responsible for establishing and maintaining an information security program that is designed to ensure the security and confidentiality of COUNTY Data; protect against any anticipated threats or hazards to the security or Integrity of COUNTY Data, protect against unauthorized access to or use of COUNTY Data that could result in substantial harm or inconvenience to COUNTY or any end user; and ensure the proper disposal of COUNTY Data upon termination of this contract. Contractor shall take appropriate action to address any incident or unauthorized access to COUNTY Data, including
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
addressing and/or remedying the Issue that result in ~uch unauthorized access, notifying COUNTY as soon as possible of any incident of unauthorized access to COUNTY Data, or any other breach in Contractor's security that materially affects COUNTY or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions herein.
Should confidential and/or legally protected COUNTY Data be divulged to unauthorized third parties, contract shall comply with all applicable Federal and State laws and regulations, including but not limited to California Civil Code Sections 1798.29 and 1798.82 at Contractor's sole expense (if applicable}.
Contractor shall not charge COUNTY for any expense associated with Contractor's compliance with the obligations set forth In this section:
b. Contractor must require its employees and all persons performing services at its direction to comply with all applicabl~ privacy laws and regulations, including but not limited to the provisions of Sections 827 and 10850 et seq. of the Welfare and Institutions Code (WIC} and California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 19 Regulations. c. Upon the disclosure of confidential information, inadvertent or otherwise, the COUNTY may terminate this contract immediately ans take legal action against Contractor. Any person who knowingly and Intentionally violates the provisions stated above is guilty of a misdemeanor and the COUNTY intends to prosecute such violators to the full extent of the law.
d. Contractor will inform all employees, agents, officers, and all persons performing services at its direcUon of the above provisions. All provisions of Article IV, Section 3 survive the termination of this contract.
Indemnity
Article V
INSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100,000
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County''), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Contract by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County.
It is the Intent of the parties to this Contract to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests Its obligation to Indemnify, defend and/or hold harmless the County under this Contract and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at Its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
A Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not .receive a Notice to Proceed with the work under the Contract until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of ttie Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specifiea County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.
D. Insurance Required
1. 2.
Commercial General Liability Insurance - for bodily injury (including death} and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000
General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Pers<;mal Injury liability
d. Severability of interest
3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
4. Additional Insured Endorsement, which shall read:
"County of Santa Clara, and members of the Board of
Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additi~nal insureds."
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with Insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the contractor shall· be notified by the contracting department of these requirements.
Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
5. For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.
Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage Including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.
E. Special Provisions
The following provisions shall apply to this Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit orqualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning Indemnification.
2. The County acknowledges that some insurance requirements contained in this Contract may be fulfilled by self-insurance on the part of the Contractor.
Contract between the County of Santa Clara Social Seivlces Agency and City of Santa Clara
FY2020
However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved In writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied In whole or in part by adequately funded self-insurance programs or self-insurance retentions.
3. Should any of the work under this Contract be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will_ notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for tennination of this Agreement, at the option of County.
. Page 19 of30
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit A: Program Provisions
Agency: City of Santa Clara
Program Name: Senior Nutrition Program -Congregate Meals This is a contract between the County of Santa Clara (COUNTY) and the (CONTRACTOR) for the purpose of providing meals for persons 60 years of age and older, funded by the following source: authorized by the Older Americans Act of 1965, as amended, P.L. 89-73; U.S.C. Section 3000 et seq., and all amendments, rules, and regulations pertaining thereto.
1. TERM OF CONTRACT
The term begins on July 1, 2019, and expires on June 30, 2020, unless terminated earlier or otheiwise amended; with four one-year extension options.
2. MAXIMUM FINANCIAL OBLIGATION
COUNTY will reimburse CONTRACTOR actual allowable expenditures subject to the provisions of this Contract, for a total not to exceed $111,220.83 in FY2019- 2020. .
1 BUDGET CONTINGENCY
This Contract is contingent upon the appropriation of sufficient funding by the COUNTY for the services covered by this Contract. Notwithstanding the termination provisions set forth herein, if funding is reduced or depleted by the County for services covered by this Contract, the COUNTY has the option to either terminate this Contract without notice (except that is necessary to transition clients in the discretion of the County) and with no liability occurring to the County, or to offer an amendment to this Contract indicating the reduced amount.
4. FEE FOR SERVICE CONTRACT
a. CONTRACTOR will be paid by COUNTY in accordance with Exhibit A Program Provisions, Exhibit B: Program Plan & Requirements, Exhibit C: Budget, and Exhibit D: Logic Model, for the performance of services as outlined in this Contract up to the maximum compensation. ·
i. For Non-Profit Agencies, 0MB Circular A-122.
ii. For Local Governments, 0MB Circular A-87.
iii. For Public and Nonprofit Institutions of Higher Education, 0MB Circular A-121.
iv. For Profit Making Organization, 41 CFR Part 1.
b. If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this Contract, the same will be deemed to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY.
c. CONTRACTOR must participate in a quarterly reconciliation process. During the reconciliation process all funds awarded to CONTRACTOR must be reconciled to the costs incurred and to the remaining cash, if any. Quarterly reconciliations must be -submitted with the corresponding monthly invoice.
During each reconciliation, all funds paid to CONTRACTOR under its fee for service claims must be reconciled to the actual cost$ incurred by the contractor
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit A: Program Provisions
and the remaining cash, if any. This provision survives the termination of this Contract.
d. CONTRACTOR must participate in a closeout period at the end of the COUNTY funding period. During the closeout period all funds awarded to CONTRACTOR must be reconciled to the costs Incurred and to the remaining cash, if any. A closeout packet will be provided to CONTRACTOR by COUNTY at the end of the funding period and is due within forty-five ( 45) days thereafter.
If actual cost of providing services based on Unit Cost per meal is less than the amount reimbursed by COUNTY, CONTRACTOR'S final reimbursement will be reduced by the overpayment received from COUNTY. This provision survives the termination of this Contract.
5. PARTICIPANT CONTRIBUTIONS
a. CONTRACTOR will submit participant contributions on a monthly basis with the monthly expense claims.
b. CONTRACTOR will deposit all participant contributions in a bank account maintained for the Senior Nutrition Program (SNP). All deposits, withdrawals, and balances for the Senior Nutrition Program must be separately identified.
COUNTY has the right to review all financial records and bank accounts for audit purpo~es. Participants' contributions will be collected, counted, and recorded dally by CONTRACTOR. Two persons designated by CONTRACTOR will co-verify the collection and count of participant contributions daily by their signature and date on a participant contribution accounting record. Participant contributions are to be deposited daily when . possible, but no less frequently than on a weekly basis. Participant contributions are to be kept in a secure locked location and at night locking in a safe, pending deposit into the Senior Nutrition Program bank account.
6. ADVANCE PAYMENTS
a. Notwithstanding Section 1 above, COUNTY, at its discretion may make advance payments under this contract to CONTRACTOR up to a maximum of 25% of the total contract amount and under conditions as the COUNTY may specify. Such advance payments will in no way increase the total maximum financial obligation specified under this contract~
b. CONTRACTOR must meet fidelity bond requirements as specified in Article V F. of this contract prior to receiving advance payment. c. All advance payments require full repayment prior to the expiration of the contract. COUNTY will specify repayment method of the advance payment amount by deducting an agreed upon monthly amount from the outstanding balance of the contract until the repayment obligation is fulfilled, or; deducting the advance payment amount In a lump sum from the remaining contract balance.
7. COMPENSATION
CONTRACTOR must submit to COUNTY an invoice in a form approved by COUNTY, by the tenth (1oth) calendar day of each month for the month just preceding In which services were performed. The CONTRACTOR will get paid on a monthly basis upon receiving an accurate account and invoice for services
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit A: Program Provisions
rendered, as well as payment for participant and guest contributions as outlined in Exhibit B: Program Plan & Requirements.
a. Prior to submittal, invoices and reconciliations must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information subm'itted by CONTRACTOR is accurate and CONTRACTOR Is entitled to payment under the terms of the Contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections. ,
b. In order to ensure continuation of service, CONTRACTOR will not be paid for meals in excess of the number of year to date meals listed in the Service Delivery Plan In Exhibit C: Budget. Meals that are provided but not reimbursed in a particular month may be reimbursed if claimed _on later invoice so long as CONTRACTOR has offered the agreed upon services continuously. c. If the invoice is in proper form and the items billed are payable under this Contract, COUNTY will make payment to CONTRACTOR.
d. COUNTY will nqt be required to make payment if the amount claimed is not in accordance with the provisions of this Contract. All payments under this Contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this Contract to any other parties, including individual employees or creditors of CONTRACTOR.
e. COUNTY is not obligated to reimburse CONTRACTOR for any service or expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the Contract term.
8. SERVICE PROVIDED
a. CONTRACTOR must inform COUNTY of services and activities performed under this Contract and accept appropriately referred clients from the COUNTY for contract services as part of CONTRACTOR's client base. b. CONTRACTOR must coordinate services with other organizations providing similar services in order to foster community cooperation and avoid unnecessary duplication of services.
c. CONTRACTOR must assist in the coordination of and verification of eligibility for mobility management services for participants who use CONTRACTOR's site as a home meal site.
9. CONTRACT REPRESENTATIVES
a. CONTRACTOR designates City Manager as CONTRACTOR's representative for the purpose of performing the services as required by this Contract. Unless otherwise indicated in writing, the above named person has the primary authority and responsibility to carry out this Contract.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit A: Program Provisions
b. COUNTY designates the Senior Nutrition Program Manager as its representative for the purpose of managing tlie services performed pursuant to this Contract.
10. NOTICES
a.
b.
All notices prescribed by this Contract will be in writing and deemed effective If sent by certified mail or registered mail and properly deposited with the United States Postal Service, postage prepaid with return receipt requested and addressed as follows:
To COUNTY:
To CONTRACTOR:
Social Services Agency
Agency Director
CC: Senior Nutrition Program Manager
333 West Julian Street, 4th Floor
San Jose, California 95110-2335
Deanna J. Santana
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
11. COUNTY'S CONTRACT TRANSITION PROCESS
CONTRACTOR agrees to provide all information deemed necessary by the County for use in subsequent procurement cycles ..
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit B: Program Plan & Requirements
Agency: City of Santa Clara (CONTRACTOR) ·
Program Name: Senior Nutrition Program - Congregate Meals (PROGRAM)
1. 2.
3. 4.
5. SERVICE DESCRIPTION & EXPECTED OUTCOME
CONTRACTOR will work with the Social Services Agency - Senior Nutrition Program (COUNTY) and other community partners to ensure that the seniors receive nutritious and healthy meals at CONTRACTOR's nutrition site(s). The PROGRAM provides seniors and older adults of Santa Clara County access to healthy, nutritious meals and the opportunity to socialize, take classes, and access other services.
PERMITS AND LICENSES
CONTRACTOR will obtain all permits and licenses necessary to the performance of this contract will assure that its subcontractors obtain the same. The CONTRACTOR will pay all normal fees for permits, licenses, inspections or any other certification or service required In the performance of this contract. ·
ELIGIBLE INDIVIDUALS
Persons who are eligible for meals and services under this contract are those persons who are 60 years of age or older or who are spouses of persons who are 60 years of age or older. Meals may be made available to handicapped or disabled individuals who have ·not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided, or individuals with disabilities who reside at home with and accompany older individuals who are eligible for services. Priority will be given to those older persons in greatest social and economic need with particular attention to seniors who are age 75 or older, low-income, living alone, and/or minorities as defined by the Older Americans Act of 1965.
MEALS
a. Meals served by CONTRACTOR must provide at least one-third (113rd) of the current recommended dietary allowance specified by the Food and Nutrition Board of the National Academy of Sciences - National Research Council. b. Menus will be planned by CONTRACTOR in cycles, the minimum period being five (5) weeks. Such menus must be planned in accordance with COUNTY requirements. Such menus will be submitted to COUNY three (3) weeks prior to initial use. Menus will be posted in a conspicuous location at the meal site at least one ( 1) week in advance of use. c. Table settings will be of reasonable quality. If disposable dinnerware is used, it will be of sturdy quality.
CONGREGATE MEAL SITES
a. CONTRACTOR will provide congregate meals at the meal site(s), days, and times indicated in Exhibit C: Budget. Notwithstanding, CONTRACTOR may make minor changes to the service days and times listed in Exhibit C with prior written approval of COUNTY.
b. CONTRACTOR may not relocate the meal site or add a meal site without prior notification, inspection, and approval by COUNTY. Relocation or addition of a meal site without the prior approval of the COUNTY may be considered a breach of the provisions of this contract. COUNTY may suspend or withhold
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
. Exhibit B: Program Plan & Requirements
payments, or tenninate the contract if the relocation affects any of the provisions of the contract including, but not limited to the following:
I. The relocation or addition reduces or terminates the provision of services to seniors in the geographic area served by this contract. ii. The relocation or addition changes the service area served by this contract. iii. The relocation or addition does not serve or give priority to older persons in the greatest social or economic need as defined by the Older Americans Act of 1965 as amended.
c. The site must have adequate lighting and ventilation and must meet all applicable health, fire, safety and sanitation regulations. CONTRACTOR must obtain current certificates from appropriate public officials Indicating the site is in compliance with health and fire regulations.
d. CONTRACTOR ensures that a pleasant dining atmosphere is maintained and that there is adequate space for the equipment of participants, such as canes, crutches and wheelchairs.
e. There will be no architectural barriers which would prevent an eligible Individual from having access to the meal site facility.
f. Innovative services may added to the PROGRAM during the term of this contract, or .upon an extension of this contract, upon written approval of the COUNTY.
g. Notwithstanding a designation as a catered site In Exhibit C: Budget, upon written approval from COUNTY and upon obtaining all required governmental approvals, CONTRACTOR may switch to being a cook on site location. In the event of this switch, CONTRACTOR's per-meal rate will be changed to the standard cook on site per-meal rate if different than the catered meal rate.
6. NUMBER OF MEALS, SERVING DAYS, AND HOLIDAYS
a. CONTRACTOR will provide the number of hot meals as specified in Exhibit C:
Budget. If demand by eligible Individuals in the first six (6) months of this Contract does not result In CONTRACTOR providing the average number of meals per day specified in Exhibit C: Budget, COUNTY may tenninate this Contract. Prior to tennination, COUNTY and CONTRACTOR may attempt to renegotiate this Contract to allow CONTRACTOR to reduce the average number of meals to be provided per day. If CONTRACTOR provides additional meals and such additional meals will cause CONTRACTOR to exceed the Maximum Financial Obligation of this Contract, such additional costs will be the sole expense of CONTRACTOR, unless the parties agree and execute a Contract Amendment.
b. CONTRACTOR will be paid for the number of meals served at a meal site, not the number of meals prepared. COUNTY will not reimburse meals served that do not meet the dietary requirements in Section. 4(a).
c. CONTRACTOR must open its Nutrition Site(s) for the number of service days specified In Exhibit C: Budget. CONTRACTOR must open its Nutrition Slte(s) at minimum the number of serving days indicated each week except for holidays. Should CONTRACTOR close its Nutrition Site(s) due to unforeseen circumstances, CONTRACTOR will notify .COUNTY · immediately and work collaborativ~ly to reschedule the day(s) that the Nutrition Site(s) was closed.
Should CONTRACTOR close their Nutrition Site(s) due to foreseen circumstances and not be able to reschedule the day(s) of services, CONTRACTOR will not be reimbursed for the number of meals allocated to the serving day(s) that the Nutrition Site(s) was closed.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit B: Program Plan & Requirements
7. ADVISORY COUNCIL
CONTRACTOR will ensure that an election Is held to elect a participant to represent the nutrition site on the countywide program Advisory Council. It will be the responsibility of the program Advisory Council to advise the COUNTY on policy matters relating to the delivery of the congregate nutrition services throughout the COUNTY program area.
8. SUPPORTIVE SERVICES
a. CONTRACTOR will provide supportive services, to the extent that such services are needed and are not already available from third parties and accessible to individuals participating in the Congregate Meals Program.
Supportive services may include:
i. Transportation of eligible individuals to and from congregate meal sites so that nutrition and other services will be accessible to those eUglble Individuals living within the program area who, because of lack of mobility or physical or mental handicap, would otherwise be unable to participate in the program; ·
ii. Information and referral services designed to provide eligible individuals with current information of, and referral to, all appropriate services to meet their needs;
Iii. Health and welfare counseling services designed to assist eligible individuals in dealing with the problems and stresses that interfere with normal health and social functioning. CONTRACTOR may provide such services through person-to-person assistance from trained counselors or referrals to other resources;
iv. Nutrition education through a formal program of regularly scheduled meetings to make available pertinent facts related to nutritional need; v. Recreation activities designed to foster the health and social well-being of program participants through social interaction and satisfying use of free time;
vi. Outreach activities to assure maximum participation of hard to reach and other eligible individuals.
b. CONTRACTOR will report the supportive services provided at its meal site(s) to the COUNTY in the format requested by the COUNTY and whether the service is provided by CONTRACTOR or another ~ntity at least annually, or more often, as requested by the COUNTY. COUNTY may request this information from CONTRACTOR up to once per quarter.
9. FOOD INVENTORY
CONTRACTOR will develop a written plan for conducting food inventories. The plan will include the proct3dures for conducting food inventories, identify persons responsible for conducting the inventory, and set the schedule for completing the inventories. The plan will also Include a description of the "First-in-First Out" food rotation system that will be used to ensure stored goods are rotated to prevent deterioration. CONTRAGTOR will provide COUNTY with a copy of its food inventory plan and completed food Inventories, upon request.
10. PEST CONTROL
CONTRACTOR is required to follow the pest control requirements in the current SNP Policy Manual. In addition, if a pest issue is Identified. COUNTY reserves the
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit 8: Program Plan & Requirements
right to require CONTRACTOR to take corrective action to remedy the issue or require any other action from CONTRACTOR necessary to protect the health and welfare of participants.
11. DATA COLLECTION AND PRIVACY
a. At intervals prescribed by the COUNTY and, on forms provided by COUNTY, CONTRACTOR will collect program data and information relating to nutrition risk assessments, registered site participants, meals, use of services and program contributions. CONTRACTOR will also be required to collect program data through the use of electronic collection methods. Such methods may Include the use of computers, scanners, or other means. CONTRACTOR must comply with collection requirements as directed by COUNTY. Unless otherwise specified, COUNTY will provide CONTRACTOR with the equipment needed to collect data by electronic means. COUNTY will be considered legal owner of all equipment provided to CONTRACTOR for this purpose. Such equipment is considered Non-Expendable property as described in Section 16 of this Exhibit. b. CONTRACTOR must submit a completed and signed Santa Clara Senior Nutrition Program - Monthly Report for the prior month by the fourth ( 4th) working day of the current month to their assigned registered dietitian. c. No later than the second time an eligible participant attends a congregate meal site operated by CONTRACTOR, CONTRACTOR must have the participant complete a registration form with participant's information. Registration forms must be submitted to the designated COUNTY staff person at least monthly for registrants from the prior month along with the Monthly Report. CONTRACTOR must submit any new monthly registrations prior to the fifth (5th) working day of every month.
d. CONTRACTOR must submit their electronic participant demographic scanner data and related documents for the prior month by the fifth (5th) working day of every month to the Senior Nutrition Program.
e. Quarterly Report. Quarterly Reports with output and outcome data must be turned in with September, December, March, and July Invoices. Quarterly Reports must be prepared on the form provided by the COUNTY. Submission of the Quarterly Report is required before the corresponding monthly invoice can be paid.
f. Within 30 days of executing this agreement, and annually thereafter if the term of this agre~ment is extended, all employees, volunteers, subcontractors, or agents of CONTRACTOR who handle confidential client information, including but not limited to registration forms, must complete the information security and privacy presentation online training provided by the California Department of Aging ( currently available at:
https://www.aging.ca.gov/ProgramsProviders/lnformation Security and Priv acy/Presentatlon/index.html). Upon completion, evidence must be submitted to COUNTY to provide to Sourcewlse.
12. PARTICIPANT CONTRIBUTION PRINCIPLES
a. CONTRACTOR will provide meals to eligible individuals regardless of their ability to pay for all or part of their meals. Recipients are requested to make a financial contribution to offset the cost of the meals. Suggested contribution for congregate meals is $3.00 per meal. If CONTRACTOR also provides home delivered meals, the suggested contribution is $3.00 per day. Contributions are confidential. CONTRACTOR will not disclose records of the amount of
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit B: Program Plan & Requirements
contribution received or the name of contributor to third parties without written permission of the contributor. COUNTY has the right to review CONTRACTOR'S contribution records for audit purposes. Payment of the suggested contribution is not a condition for the receipt of meals. b. CONTRACTOR will submit participant contributions on a monthly basis to be included with the monthly reimbursement claims. One hundred percent of these contributions must be submitted to COUNTY.
13. VOLUNTEER, GUEST, AND STAFF MEALS
a. Volunteer Meals: A volunteer under the age of 60 who provides services during meal hours may· be offered a meal, if doing so will not deprive an older Individual of a meal. Volunteers under age 60 who receive a full meal that meets the requirements in Section 4 must pay a $3.00 fee and the fee must be Included with the participant contributions and returned to the COUNTY.
CONTRACTOR must record the number of volunteer meals served.
CONTRACTOR will be reimbursed for volunteer meals provided. b. Guest Meals: A guest under the age of 60 may be offered a meal during meal hours if doing so will not deprive an older individual of a meal or add to the cost of meals prepared. A guest must pay a fee of at least $8.00 or up to the actual cost of the meal served, as specified in Exhibit C: Budget. CONTRACTOR must record the number of guest meals served and keep guest fees separate from participant contributions. CONTRACTOR may keep guest fees received.
The cost of providing guest meals may not be included In the quarterly reconciliation.
c. Staff Meals: Nutrition services staff under the age of 60 may receive a meal If doing so will not deprive an older Individual of a meal or add to the cost of meals prepared. CONTRACTOR must record the number of nutrition services staff meals served. The cost of providing staff meals may not be Included In the quarterly reconciliation. ·
14. MANDATORY ATTENDANCE
CONTRACTOR must have a representative attend every required training and meeting offered by the COUNTY that Is specific to the Senior Nutrition, Congregate Meals Program.
15. PURCHASES
COUNTY may require CONTRACTOR, by written notice, to obtain approval of COUNTY for all purchases of food and materials. Approval will not be withheld by COUNTY except for good cause.
16. NON-EXPENDABLE PROPERTY
Any acquisition by CONTRACTOR of non-expendable property with a retail purchase price in excess of five- hundred dollars ($500.00), that is required by CONTRACTOR for performance of this Contract, must require prior written approval of COUNTY.
COUNTY will be the legal owner of all equipment that is purchased with COUNTY funds. COUNTY may take possession of its equipment if it is not being used primarily for program purposes and will determine disposition of that _equipment upon expiration or termination of this contract.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit B: Program -Plan & Requirements
17. COMPETITIVE BID REQUIREMENTS
a. All equipment purchases by the CONTRACTOR exceeding five-hundred dollars ($500.00) must be procured through a competitive process in compliance with Sourcewise's bidding procedures unless services or materials can be obtained only from a single source. Any procurement exceeding tenthousand dollars ($10,000.00) must also comply-with the requirements of Office of Management and Budget Circular Uniform Guidance.
b. Unless CONTRACTOR uses the COUNTY's designated vendor, prior to making any equipment purchase that has a value of five-hundred dollars ($500) or more, CONTRACTOR will submit to COUNTY evidence that it has received a minimum of three (3) bids for such subcontract and justification for selection of the successful bidder or submit documentation to support the use of the sole supplier. Record shall be maintained by CONTRACTOR showing the parties solicited and the bids submitted.
18. OVERTIME WORK
Overtime work expenditures that are incurred by the CONTRACTOR will not be paid by reducing services or meals under "this contract.
19. RESTRICTION OF DISCLOSURES
Any reports, analysis, studies, drawings, information or data generated as a result of this contract are to be provided to COUNTY prior to public dissemination.
20. CARE ACCESS ERROR RA TE REQUIREMENT
Federal regulations pursuant to Title Ill of the Older Americans Act of 1965 (OAA) establish procedures for allocating money to states for various senior services. States have established allocation mechanisms to award monies to their Area Agencies on Aging (AAA). These AAAs in tum, award monies via contracts or grants to carry out the mission of the OAA.
Sourcewlse, the County of Santa Clara's designated AAA, allocates money for the provision of the Congregate Meals Program by reimbursing the County based on the number of meals served seniors each month. This data Is tracked through Sourcewise's Care Access Database. When there is a discrepancy between the paper total (signatures of SNP participants) and scanner total (scanned barcodes of SNP participants), an error rate arises. Currently, if the total combined error rate of all Senior Nutrition Meal Sites exceeds five percent (5%), the County will not be reimbursed by Sourcewise. Therefore, CONTRACTOR's data that is imported into Sourcewlse's Care Access Database must not exceed an error rate of 5%.
If CONTRACTOR's imported data exceeds an error rate of 5%, COUNTY will withhold a percentage of CONTRACTOR's invoice equivalent to the percentage of the error rate exceeding the 5% threshold. For example, if CONlRACTOR has an error rate of 23%, COUNTY will withhold 18% (23% - 5%) of CONTRACTOR's invoice for that month.
Should Sourcewise decide to reimburse the County regardless of the combined error rate of all Senior Nutrition Meal Sites, then the County will not withhold any percentage of CONTRACTOR's invoice regardless of CONTRACTOR's error rate for that month.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit B: Program Plan & Requirements
21. GRIEVANCE POLICY
a. CONTRACTOR must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Contract which complies with Sourcewise's requirements and the Older Americans Act, Section 315(b)(4). At a minimum, the process shall include all of the following:
i. Time frames within which a complaint will be acted upon. ii. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to Sourcewise if dissatisfied with the results of CONTRACTOR's review.
iii. Confidentiality provisions to protect the complail)ant's rights to privacy.
Only information relevant to the complaint may be released to the responding party without the older individual's consent. b. CONTRACTOR shall notify older individuals of the grievance process available to them by:
i. Posting notification of the process in visible and accessible areas, such as the bulletin ~oards in multipurpose senior centers or areas in which there are a substantial number of older adults. For individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
ii. Advising homebound older individuals of the process either orally or in writing upon CONTRACTOR's contact with the individuals. c. Complaints may involve, but not be limited to, any or all of the following:
i. Amount or duration of a service.
ii. Denial or discontinuance of a service.
iii. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
iv. Failure of the service provider to comply with any of the requirements set forth In California Department of Aging regulations or in your contract with Sourcewise.
d. Nothing in this Grievance policy shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of CONTRACTOR's governing board.
22. FISCAL YEAR CLOSEOUT SUBMISSION
Due to fiscal reporting deadlines imposed by the California Department of Aging and Sourcewise, CONTRACTOR must submit requested 'fiscal year-end closeout documents to COUNTY accounting staff by July 6, 2020.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
County of Santa Clara
Social Services Agency
,_,;,,,,(,,,,/\, , ¾,,.s.,,_._\;t, .. U
FY 2019-20
Agency Name: City of Santa Clara
Site: Santa Clara Senior Center
A
Budget
Per Meal Reimbursement Rate*
Grand Total
Weekly Service Plan
Service Start
Service End
[!otal Hours I
B
#of ·
Daily Meals
63 Mon . Tues
11:30AM 11:30AM
12:30PM 12:30PM
1.00 I 1.00 I
C
#of
Serving [!_ays
249
Weds Thurs
11:30AM 11:30AM
12:30PM 12:30PM
1.00 I 1.00
D
Annual Meals
15,687
Fri Sat
11:30AM N/A
12:30PM N/A
I 1.00 I N/A
•only meals provided to eligible participants which meet dietary requirements will be reimbursed.
E
Rate
$7.09
Service
Sun Days
N/A
N/A
~
~
I N/A II 5 I
F
Total Contract
Amount***
$111,220.83
$111;220.83.
Exhibit C: Budget
Service Plan & Budget
Site Preparation Type
catered
••The maximum number of meals reimbursed by the County will not exceed the YTD number of budgeted meals based on County-approved holiday schedule. Meals provided in a previous month but not reimbursed may be billed in a subsequent month. •••Food costs must equal at least 25% of the Total Contract Amount. Meals that are unserved will not be reimbursed.
Contract between the County of Santa Clara Social services Agency and Oty of Santa Clara FY2020 Page lof 3
County of Santa Clara
Social Services Agency
A
. .
Job Title*
Site Manager
Kitchen Aide 1
Volunteers
FY 2019-20
Agency Name: City of Santa Clara
Site Location: Santa Clara Senior Center
63 249 15,687 33.4
# of Daily Meals Serving Days Annual Meals Annual Paid
Time Off (Hours)
B C D E F
-- ·-. Pa,ld Time Off · · .. ·-:
, . (Holiday, .
Vacation/ · Fringe / Payroll
Daily Hours · Hourly Rate. Salaries Sick Leave) Taxes
5.00 $19.74 $ 24,576 $ 659 $ - 4.00 $15.05 $ 14,990 $ 503 $ - 8.00 $15.00 $ 29,880 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
$ - $ - $ .- $ - $ - $ - Total . -17.00~$ . '69,446 $ 1,162: ·$ : -- * All personnel costs in the Staffing Plan are built into the per meal rate listed on Exhibit C: Budget, Service Plan & Budget.
Contract between the County of Santa Clara Social services Agency and City of santa Clara FY2020
$
$
$
$
$
$
$
$
$
_$
0.00%
Fringe/Payroll
Tax Rate
G
Medical
Insurance
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
Exhibit C: Budget
Staffing Plan
H
• · ..
. . . ~ ·: . . . ·. ,· .
Cost per
Employ~
25,235
15,493
29,880
-
-
-
-
-
-
$. ._70~608
,.,,,...,~.ar,
~:w,,c,i,m;aw.1,w,m1,,,1n,,~,cy,,m·
County of Santa Clara
Social Services Agency
FY 2019-20
Agency Name: City of Santa Clara
Region/Site location: Santa Clara Senior Center
A B C D E
. F't'io ~cc .
.·Funding
.: Commi~~-"~ .
S6urce of. Furids
Santa Clara County Senior Nutrition
Program (This Contract)
Other Funding_ Sources:
CDBG
City of Santa Clara General Fund
Volunteer Hours (In-kind)
Non-senior contributions
Total Anticipated Fundi~g **
Matching Amount
% of Total Funding Code ·· <·:
14% $24,000.00 1
2% $3,445.00 i
18% $29,880.00 3
0% $500.00 .3
0%
0%
0%
0%
$111,220.83 100% $s1,s2s.oo I $ 169,046
.. ::.
:scccoritract:Amount .•/.. l -Match Percent.{Matcf!lSCCContractf·' $ s1,s2s I $ 111,221 I 52%
$
-,.·_,,.:,,.:
Per Meal Match
3.69 · Commitment Code .
1 2
3 4
s
Actual. Meal-Cost
{Match:~ sec Rat~)
$10.78
Firm Commitment-Already have an agreement or letter confirming funding Anticipated Renewal of Existing Funding-Continuation of current year funding Anticipated Resource-Projection of previous fees or donations Appltca!ion Pending-Application has been submitted, no confirmation at this time Pre-Application-Not yet submitted
Contract between the County of Santa Clara Social services Agency and City of Santa Clara FY2020
Exhibit C: Budget
Resource Table
Santa Clara County
Social Services Agency
Logic Model -
A. Contract Goal:
'"."~,:,,,,";Sca;,s,"~iJ,<'"·Pt'...,_, ,.,
FY 2019-2020 Exhibit D: Logic Model
Congregate Meals Agency Name: City of Santa Clara
Provide nutritious meals, opportunities to socialize, transportation, and resources to older adults across Santa Clara County. ,~ :t •t "10M=rF .tttrnnr l'Z~!!illil$-:W: :avrc:m::nrzrtl ita:l\""'¥1'71 F'IWfr M..;... ~~ ~ 2J Lack of food access,
financial instability, and
social isolation are
pervasive issues among the
older adult community. In
order to meet the needs of
this community services
need to include ethnically
diverse cuisine served in
locations in proximity to lowincome neighborhoods.
innovative service models
that bring the food to the
people, transportation
options, and additional
safety net resources. These
services are a vital
component to keeping
people healthy and living
independently.
Prnvide training to meal site
volunteers on food safety topics. I . m !
Provide catered meal to older adults ~.·.
age 60 or older. i
I
I I
I !l
I I
11 Ii I
i
I .,
~ i
~
i
m
12 300
6 Volunteer Trainings
15,687 !Meals
* ;
u
i:j
iJ
~1
By June 30, 2020 at least 75% of eligible older adult
congregate meal participants will have participated in at one other service offered at the meal site.
Contract between the County of Santa Clara Social Services Agency and City of Santa Clara FY2020 Page 1 of 1
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND
CITY OF SANTA CLARA
This is the First Amendment to the Contract between the County of Santa Clara (COUNTY) and City of Santa Clara (CONTRACTOR) entered into on July 1, 2019, for the provision of Congregate Meals Services.
The original contract was approved by the Board on June 18, 2019.
This Contract is amended as follows:
Effective upon execution, the parties agree to comply with the provisions contained in the following exhibits, which are attached hereto and incorporated herein by this reference and made a part of the Contract.
1. Replace Exhibit A: Program Provisions with Exhibit A 1: Program Provisions, which is attached hereto and incorporated by this reference.
2. Replace Exhibit B: Program Plan & Requirements with Exhibit B 1: Program Plan & Requirements, which is attached hereto and incorporated by this reference.
3. Replace Exhibit C: Budget with Exhibit C 1: Budget, which is attached hereto and incorporated by this reference.
4. Add Exhibit C 2: Budget, which is attached hereto and incorporated by this reference.
5. Add Exhibit D 1: Logic Model, which is attached hereto and incorporated by this reference.
6. Article IV, 14. COUNTY DATA & CONFIDENTIALITY is revised to read:
14. COUNTY DATA & CONFIDENTIALITY
a. Definitions: County Data shall mean data and information received by Contractor from County. County Data includes any information or data that is transported across a County network, or that resides in a County owned information system, or on a network or system under the control and management of a contractor for use by County. County Confidential Information shall include all material, non public information (including material, non public County Data) appearing in any form (including, without limitation, written, oral or displayed), that is disclosed, directly or indirectly, through any means of communication by County, its agents or employees, to Contractor, its agents or employees, or any of its affiliates or representatives.
b. Contractor shall not acquire any ownership interest in County Data (including County Confidential Information). As between Contractor and County, all County Confidential Information and/or County Data shall remain the property of the County. Contractor shall not, without Countys written permission, use or disclose County Data (including County Confidential Information) other than in the performance of its obligations under this Agreement.
c. Contractor shall be responsible for establishing and maintaining an information security program that is designed to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the security or integrity of County Data, and protect against unauthorized access to or use of County Data that could result in substantial harm or inconvenience to County or any end users. Upon termination or expiration of this Approved: 06/23/2020
I I
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Agreement, Contractor shall seek and follow Countys direction regarding the proper disposition of County Data.
d. Contractor shall take appropriate action to address any incident of unauthorized access to County Data, including addressing and/or remedying the issue that resulted in such unauthorized access, and notifying County by phone or in writing within 24 hours of any incident of unauthorized access to County Data, or any other breach in Contractors security that materially affects County or end users. If the initial notification is by phone, Contractor shall provide a written notice within 5 days of the incident. Contractor shall be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality, privacy, and information security requirements of this Agreement. Should County Confidential Information and/or legally protected County Data be divulged to unauthorized third parties, Contractor shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Contractors sole expense. Contractor shall not charge County for any expenses associated with Contractors compliance with these obligations. e. Contractor shall defend, indemnify and hold County harmless against any claim, liability, loss, injury or damage arising out of, or in connection with, the unauthorized use, access, and/or disclosure of information by Contractor and/or its agents, employees or sub contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County.
f. Contractor must require its employees and all persons performing services at its direction to comply with all applicable privacy laws and regulations, including but not limited to the provisions of Sections 827 and 10850 et seq. of the Welfare and Institutions Code (WIC) and California Department of Social Services (CDSS) Manual of Policies and Procedures, Division 19 Regulations.
g. Upon the disclosure of confidential information, inadvertent or otherwise, the County may terminate this contract immediately and take legal action against Contractor. Any person who knowingly and intentionally violates the provisions stated above is guilty of a misdemeanor and the County intends to prosecute such violators to the full extent of the law.
h. Contractor will inform all employees, agents, officers, and all persons performing services at its direction of the above provisions. All provisions of Article IV, Section 14 survive the termination of this contract.
7. Add Article IV, 15. CALIFORNIA PUBLIC RECORDS ACT:
15. CALIFORNIA PUBLIC RECORDS ACT
a. The County is a public agency subject to the disclosure requirements of the California Public Records Act (CPRA). If Contractors proprietary information is contained in documents or information submitted to County, and Contractor claims that such information falls within one or more CPRA exemptions, Contractor must clearly mark such information CONFIDENTIAL AND PROPRIETARY, and identify the specific lines containing the information. In the event of a request for such information, the County will make best efforts to provide notice to Contractor prior to such disclosure. If Contractor contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the County is required to respond to the CPRA request. If Contractor fails to obtain such remedy within the time the County is required to respond to the CPRA request, County may disclose the requested information. b. Contractor further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by the Contractor.
All other terms and conditions of the Contract rema in in full force and effect. 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 Amendment to the Contract.
OF SANTA CLARA
Date: JUN 2 3 2020
Signed and certified that a cop~• of this document
-has seen delivered b•; electroAic or other rneaAs
to the PresideAt, Boa rel of Sui,er11isers.
CONTRACTOR
Deanna J. Santana, City Manager
City of Santa Clara
6/10/ 2020
Date: ___ _
ATTEST:
c;:;:~
Date: JUN 2 3 2020
APPROVED AS TO FORM AND LEGALITY
Mary Hanna-Weir
Deputy County Counsel
D 6/11/2020 ate: ___ _
Nora Pimentel
MMC
6/10/2020
Date: ___ _
APPROVED AS TO FORM
Brian Doyle
City Attorney
6/10/2020 Date: ___ _
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Exhibit A-1: Program Provisions
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Agency: City of Santa Clara
Program Name: Senior Nutrition Program Congregate Meals This is a contract between the County of Santa Clara (COUNTY) and the (CONTRACTOR) for the purpose of providing meals for persons 60 years of age and older, which is funded, authorized by, and to be performed in accordance with the Older Americans Act of 1965, as amended, P.L. 89-73, U.S.C. Section 3000 et seq., and all amendments, rules, and regulations pertaining thereto.
1. TERM OF CONTRACT
The term begins on July 1, 2019, and expires on June 30, 2021, unless terminated earlier or otherwise amended; with three one-year extension options.
2. MAXIMUM FINANCIAL OBLIGATION
COUNTY will reimburse CONTRACTOR actual allowable expenditures subject to the provisions of this Contract, for a total not to exceed $129,631.65 in FY2019- 2020, and not to exceed $110,774.16 in FY2020-2021, for a total not to exceed $240,405.81.
3. BUDGET CONTINGENCY
This Contract is contingent upon the appropriation of sufficient funding by the COUNTY for the services covered by this Contract. Notwithstanding the termination provisions set forth herein, if funding is reduced or depleted by the County for services covered by this Contract, the COUNTY has the option to either terminate this Contract without notice (except that is necessary to transition clients in the discretion of the County) and with no liability occurring to the County, or to offer an amendment to this Contract indicating the reduced amount.
4. FEE FOR SERVICE CONTRACT
a. CONTRACTOR will be paid by COUNTY in accordance with Exhibit A-1:
Program Provisions, Exhibit B-1: Program Plan & Requirements, Exhibit C-1:
Budget, Exhibit C-2: Budget, Exhibit D: Logic Model and Exhibit D-1: Logic Model, for the performance of services as outlined in this Contract up to the maximum compensation.
i. For Non-Profit Agencies, OMB Circular A-122.
ii. For Local Governments, OMB Circular A-87.
iii. For Public and Nonprofit Institutions of Higher Education, OMB Circular A-121.
iv. For Profit Making Organization, 41 CFR Part 1.
b. If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this Contract, the same will be deemed to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY.
c. CONTRACTOR must participate in a quarterly reconciliation process. During the reconciliation process all funds awarded to CONTRACTOR must be reconciled to the costs incurred and to the remaining cash, if any. Quarterly Exhibit A-1: Program Provisions
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
reconciliations must be submitted with the corresponding monthly invoice.
During each reconciliation, all funds paid to CONTRACTOR under its fee for service claims must be reconciled to the actual costs incurred by the contractor and the remaining cash, if any. This provision survives the termination of this Contract.
d. CONTRACTOR must participate in a closeout period at the end of the COUNTY funding period. During the closeout period all funds awarded to CONTRACTOR must be reconciled to the costs incurred and to the remaining cash, if any. A closeout packet will be provided to CONTRACTOR by COUNTY at the end of the funding period and is due within forty-five (45) days thereafter.
If actual cost of providing services based on Unit Cost per meal is less than the amount reimbursed by COUNTY, CONTRACTORS final reimbursement will be reduced by the overpayment received from COUNTY. This provision survives the termination of this Contract.
5. PARTICIPANT CONTRIBUTIONS
a. CONTRACTOR will submit participant contributions on a monthly basis with the monthly expense claims.
b. CONTRACTOR will deposit all participant contributions in a bank account maintained for the Senior Nutrition Program (SNP). All deposits, withdrawals, and balances for the Senior Nutrition Program must be separately identified.
COUNTY has the right to review all financial records and bank accounts for audit purposes. Participants contributions will be collected, counted, and recorded daily by CONTRACTOR. Two persons designated by CONTRACTOR will co-verify the collection and count of participant contributions daily by their signature and date on a participant contribution accounting record. Participant contributions are to be deposited daily when possible, but no less frequently than on a weekly basis. Participant contributions are to be kept in a secure locked location and at night locking in a safe, pending deposit into the Senior Nutrition Program bank account.
6. ADVANCE PAYMENTS
a. Notwithstanding Section 4 above, COUNTY, at its discretion may make advance payments under this contract to CONTRACTOR up to a maximum of 25% of the total contract amount and under conditions as the COUNTY may specify. Such advance payments will in no way increase the total maximum financial obligation specified under this contract.
b. CONTRACTOR must meet fidelity bond requirements as specified in Article V F. of this contract prior to receiving advance payment. c. All advance payments require full repayment prior to the expiration of the contract. COUNTY will specify repayment method of the advance payment amount by deducting an agreed upon monthly amount from the outstanding balance of the contract until the repayment obligation is fulfilled, or; deducting the advance payment amount in a lump sum from the remaining contract balance.
Exhibit A-1: Program Provisions
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
7. COMPENSATION
CONTRACTOR must submit to COUNTY an invoice in a form approved by COUNTY, by the tenth (10th) calendar day of each month for the month just preceding in which services were performed. The CONTRACTOR will get paid on a monthly basis upon receiving an accurate account and invoice for services rendered, as well as payment for participant and guest contributions as outlined in Exhibit B-1: Program Plan & Requirements.
a. Prior to submittal, invoices and reconciliations must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the Contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections.
b. In order to ensure continuation of service, CONTRACTOR will not be paid for meals in excess of the number of year-to-date meals listed in the Service Delivery Plan in Exhibit C-1 and Exhibit C-2: Budget. Meals that are provided but not reimbursed in a particular month may be reimbursed if claimed on later invoice so long as CONTRACTOR has offered the agreed upon services continuously.
c. If the invoice is in proper form and the items billed are payable under this Contract, COUNTY will make payment to CONTRACTOR.
d. COUNTY will not be required to make payment if the amount claimed is not in accordance with the provisions of this Contract. All payments under this Contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this Contract to any other parties, including individual employees or creditors of CONTRACTOR.
e. COUNTY is not obligated to reimburse CONTRACTOR for any service or expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the Contract term.
8. SERVICE PROVIDED
a. CONTRACTOR must inform COUNTY of services and activities performed under this Contract and accept appropriately referred clients from the COUNTY for contract services as part of CONTRACTORs client base. b. CONTRACTOR must coordinate services with other organizations providing similar services in order to foster community cooperation and avoid unnecessary duplication of services.
c. CONTRACTOR must assist in the coordination of and verification of eligibility for mobility management services for participants who use CONTRACTORs site as a home meal site.
Exhibit A-1: Program Provisions
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
9. CONTRACT REPRESENTATIVES
a. CONTRACTOR designates City Manager as CONTRACTORs representative for the purpose of performing the services as required by this Contract. Unless otherwise indicated in writing, the above-named person has the primary authority and responsibility to carry out this Contract. b. COUNTY designates the Senior Nutrition Program Manager as its representative for the purpose of managing the services performed pursuant to this Contract.
10. ADJUSTMENT TO EXHIBIT B-1: PROGRAM PLAN & REQUIREMENTS A written adjustment to the Program Plan & Requirements may be approved by the COUNTY Representative, or designee, identified in this Exhibit, without a contract amendment as long as the adjustment reflects approved original program provisions and both parties are notified at least 10 days before the adjusted Work Plan begins.
11. ADJUSTMENT TO EXHIBIT C-1: BUDGET & EXHIBIT C-2: BUDGET A budget adjustment can be made without a contract amendment if Contractor submits a written budget adjustment request to the COUNTY Contract Representative, or designee, and the request is approved by the COUNTY in writing. A budget adjustment must not increase the maximum financial obligation of this Contract.
CONTRACTOR may request a budget revision by submitting the COUNTYs Budget Revision Request form to the COUNTYs designated contract/program monitor. The Budget Revision Request must include a statement explaining the impact that the budget revision, if approved, would have on the program/service delivery. Upon approval of the CONTRACTORs Budget Revision Request, COUNTY will forward an approved copy of the Budget Revision Request form to the CONTRACTOR.
12. ADJUSTMENT TO EXHIBIT D: LOGIC MODEL & EXHIBIT D-1: LOGIC MODEL A written adjustment to the Logic Model may be approved by the COUNTY Representative, or designee, identified in this Exhibit, without a contract amendment as long as the adjustment reflects approved original program provisions and both parties are notified at least 10 days before the adjusted Logic Model begins.
13. NOTICES
All notices prescribed by this Contract will be in writing and deemed effective if sent by certified mail or registered mail and properly deposited with the United States Postal Service, postage prepaid with return receipt requested and addressed as follows:
To COUNTY: Social Services Agency, Director
CC: Senior Nutrition Program Manager
353 West Julian Street, 4th Floor
San Jose, California 95110-2335
Exhibit A-1: Program Provisions
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
To CONTRACTOR: Deanna J. Santana
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
11. COUNTYS CONTRACT TRANSITION PROCESS
CONTRACTOR agrees to provide all information deemed necessary by the County for use in subsequent procurement cycles.
Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Agency: City of Santa Clara (CONTRACTOR)
Program Name: Senior Nutrition Program Congregate Meals (PROGRAM)
1. SERVICE DESCRIPTION & EXPECTED OUTCOME
CONTRACTOR will work with the Social Services Agency Senior Nutrition Program (COUNTY) and other community partners to ensure that the seniors receive nutritious and healthy meals at CONTRACTORs nutrition site(s). The PROGRAM provides seniors and older adults of Santa Clara County access to healthy, nutritious meals and the opportunity to socialize, take classes, and access other services. CONTRACTOR will perform services in compliance with the Senior Nutrition Program, Congregate Policy & Procedures Manual, and any updates thereto.
2. PERMITS AND LICENSES
CONTRACTOR will obtain all permits and licenses necessary to the performance of this contract will assure that its subcontractors obtain the same. The CONTRACTOR will pay all normal fees for permits, licenses, inspections or any other certification or service required in the performance of this contract.
3. ELIGIBLE INDIVIDUALS
Persons who are eligible for meals and services under this contract are those persons who are 60 years of age or older or who are spouses of persons who are 60 years of age or older. Meals may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided, or individuals with disabilities who reside at home with and accompany older individuals who are eligible for services. Priority will be given to those older persons in greatest social and economic need with particular attention to seniors who are age 75 or older, low-income, living alone, and/or minorities as defined by the Older Americans Act of 1965.
4. MEALS
a. Meals served by CONTRACTOR must provide at least one-third (1/3rd) of the current recommended dietary allowance specified by the Food and Nutrition Board of the National Academy of Sciences National Research Council. b. Menus will be planned by CONTRACTOR in cycles, the minimum period being five (5) weeks. Such menus must be planned in accordance with COUNTY requirements. Such menus will be submitted to COUNY three (3) weeks prior to initial use. Menus will be posted in a conspicuous location at the meal site at least one (1) week in advance of use.
c. Table settings will be of reasonable quality. If disposable dinnerware is used, it will be of sturdy quality.
5. CONGREGATE MEAL SITES
a. CONTRACTOR will provide congregate meals at the meal site(s), days, and times indicated in Exhibit C-1: Budget for FY2019-2020 and Exhibit C-2:
Budget for FY2020-2021. Notwithstanding, CONTRACTOR may make minor changes to the service days and times listed in Exhibit C-1 and Exhibit C-2 with prior written approval of COUNTY.
b. CONTRACTOR may not relocate the meal site or add a meal site without prior notification, inspection, and approval by COUNTY. Relocation or addition of a Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
meal site without the prior approval of the COUNTY may be considered a breach of the provisions of this contract. COUNTY may suspend or withhold payments, or terminate the contract if the relocation affects any of the provisions of the contract including, but not limited to the following:
i. The relocation or addition reduces or terminates the provision of services to seniors in the geographic area served by this contract. ii. The relocation or addition changes the service area served by this contract. iii. The relocation or addition does not serve or give priority to older persons in the greatest social or economic need as defined by the Older Americans Act of 1965 as amended.
c. The site must have adequate lighting and ventilation and must meet all applicable health, fire, safety and sanitation regulations. CONTRACTOR must obtain current certificates from appropriate public officials indicating the site is in compliance with health and fire regulations.
d. CONTRACTOR ensures that a pleasant dining atmosphere is maintained and that there is adequate space for the equipment of participants, such as canes, crutches and wheelchairs.
e. There will be no architectural barriers which would prevent an eligible individual from having access to the meal site facility.
f. Innovative services may added to the PROGRAM during the term of this contract, or upon an extension of this contract, upon written approval of the COUNTY.
g. Notwithstanding a designation as a catered site in Exhibit C-1 and Exhibit C-2:
Budget, upon written approval from COUNTY and upon obtaining all required governmental approvals, CONTRACTOR may switch to being a cook on site location. In the event of this switch, CONTRACTORs per-meal rate will be changed to the standard cook on site per-meal rate if different than the catered meal rate.
6. NUMBER OF MEALS, SERVING DAYS, AND HOLIDAYS
a. CONTRACTOR will provide the number of hot meals as specified in Exhibit C1: Budget for FY2019-2020 and Exhibit C-2: Budget for FY2020-2021. If demand by eligible individuals in the first six (6) months of this Contract does not result in CONTRACTOR providing the average number of meals per day specified in Exhibit C-1 and Exhibit C-2: Budget, COUNTY may terminate this Contract. Prior to termination, COUNTY and CONTRACTOR may attempt to renegotiate this Contract to allow CONTRACTOR to reduce the average number of meals to be provided per day. If CONTRACTOR provides additional meals and such additional meals will cause CONTRACTOR to exceed the Maximum Financial Obligation of this Contract, such additional costs will be the sole expense of CONTRACTOR, unless the parties agree and execute a Contract Amendment.
b. CONTRACTOR will be paid for the number of meals served at a meal site, not the number of meals prepared. COUNTY will not reimburse meals served that do not meet the dietary requirements in Section 4(a).
CONTRACTOR must open its Nutrition Site(s) for the number of service days specified in Exhibit C-1: Budget for FY2019-2020 and Exhibit C-2: Budget for FY2020-2021. CONTRACTOR must open its Nutrition Site(s) at minimum the number of serving days indicated each week except for holidays. Should CONTRACTOR close its Nutrition Site(s) due to unforeseen circumstances, CONTRACTOR will notify COUNTY immediately and work collaboratively to Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
reschedule the day(s) that the Nutrition Site(s) was closed. Should CONTRACTOR close their Nutrition Site(s) due to foreseen circumstances and not be able to reschedule the day(s) of services, CONTRACTOR will not be reimbursed for the number of meals allocated to the serving day(s) that the Nutrition Site(s) was closed.
7. ADVISORY COUNCIL
CONTRACTOR will ensure that an election is held to elect a participant to represent the nutrition site on the countywide program Advisory Council. It will be the responsibility of the program Advisory Council to advise the COUNTY on policy matters relating to the delivery of the congregate nutrition services throughout the COUNTY program area.
8. SUPPORTIVE SERVICES
a. CONTRACTOR will provide supportive services, to the extent that such services are needed and are not already available from third parties and accessible to individuals participating in the Congregate Meals Program.
Supportive services may include:
i. Transportation of eligible individuals to and from congregate meal sites so that nutrition and other services will be accessible to those eligible individuals living within the program area who, because of lack of mobility or physical or mental handicap, would otherwise be unable to participate in the program;
ii. Information and referral services designed to provide eligible individuals with current information of, and referral to, all appropriate services to meet their needs;
iii. Health and welfare counseling services designed to assist eligible individuals in dealing with the problems and stresses that interfere with normal health and social functioning. CONTRACTOR may provide such services through person-to-person assistance from trained counselors or referrals to other resources;
iv. Nutrition education through a formal program of regularly scheduled meetings to make available pertinent facts related to nutritional need; v. Recreation activities designed to foster the health and social well-being of program participants through social interaction and satisfying use of free time;
vi. Outreach activities to assure maximum participation of hard to reach and other eligible individuals.
b. CONTRACTOR will report the supportive services provided at its meal site(s) to the COUNTY in the format requested by the COUNTY and whether the service is provided by CONTRACTOR or another entity at least annually, or more often, as requested by the COUNTY. COUNTY may request this information from CONTRACTOR up to once per quarter.
9. FOOD INVENTORY
CONTRACTOR will develop a written plan for conducting food inventories. The plan will include the procedures for conducting food inventories, identify persons responsible for conducting the inventory, and set the schedule for completing the inventories. The plan will also include a description of the "First-in-First Out" food rotation system that will be used to ensure stored goods are rotated to prevent Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
deterioration. CONTRACTOR will provide COUNTY with a copy of its food inventory plan and completed food inventories, upon request.
10. PEST CONTROL
CONTRACTOR is required to follow the pest control requirements in the current Senior Nutrition Program, Congregate Policy & Procedures Manual. In addition, if a pest issue is identified. COUNTY reserves the right to require CONTRACTOR to take corrective action to remedy the issue or require any other action from CONTRACTOR necessary to protect the health and welfare of participants.
11. DATA COLLECTION AND PRIVACY
a. At intervals prescribed by the COUNTY and, on forms provided by COUNTY, CONTRACTOR will collect program data and information relating to nutrition risk assessments, registered site participants, meals, use of services and program contributions. CONTRACTOR will also be required to collect program data through the use of electronic collection methods. Such methods may include the use of computers, scanners, or other means. CONTRACTOR must comply with collection requirements as directed by COUNTY. Unless otherwise specified, COUNTY will provide CONTRACTOR with the equipment needed to collect data by electronic means. COUNTY will be considered legal owner of all equipment provided to CONTRACTOR for this purpose. Such equipment is considered Non-Expendable property as described in Section 16 of this Exhibit. b. CONTRACTOR must submit a completed and signed Santa Clara Senior Nutrition Program Monthly Report for the prior month by the fourth (4th) working day of the current month to their assigned registered dietitian. c. No later than the second time an eligible participant attends a congregate meal site operated by CONTRACTOR, CONTRACTOR must have the participant complete a registration form with participants information. Registration forms must be submitted to the designated COUNTY staff person at least monthly for registrants from the prior month along with the Monthly Report. CONTRACTOR must submit any new monthly registrations prior to the fifth (5th) working day of every month.
d. CONTRACTOR must submit their electronic participant demographic scanner data and related documents for the prior month by the fifth (5th) working day of every month to the Senior Nutrition Program.
e. Quarterly Report. Quarterly Reports with output and outcome data must be turned in with September, December, March, and July invoices. Quarterly Reports must be prepared on the form provided by the COUNTY. Submission of the Quarterly Report is required before the corresponding monthly invoice can be paid.
f. Within 30 days of executing this agreement, and annually thereafter if the term of this agreement is extended, all employees, volunteers, subcontractors, or agents of CONTRACTOR who handle confidential client information, including but not limited to registration forms, must complete the information security and privacy presentation online training provided by the California Department of Aging (currently available at:
https://www.aging.ca.gov/ProgramsProviders/Information_Security_and_Priv acy/Presentation/index.html). Upon completion, evidence must be submitted to COUNTY to provide to Sourcewise.
Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
12. PARTICIPANT CONTRIBUTION PRINCIPLES
a. CONTRACTOR will provide meals to eligible individuals regardless of their ability to pay for all or part of their meals. Recipients are requested to make a financial contribution to offset the cost of the meals. Suggested contribution for congregate meals is $3.00 per meal. If CONTRACTOR also provides home delivered meals, the suggested contribution is $3.00 per day. Contributions are confidential. CONTRACTOR will not disclose records of the amount of contribution received or the name of contributor to third parties without written permission of the contributor. COUNTY has the right to review CONTRACTOR'S contribution records for audit purposes. Payment of the suggested contribution is not a condition for the receipt of meals. b. CONTRACTOR will submit participant contributions on a monthly basis to be included with the monthly reimbursement claims. One hundred percent of these contributions must be submitted to COUNTY.
13. VOLUNTEER, GUEST, AND STAFF MEALS
a. Volunteer Meals: A volunteer under the age of 60 who provides services during meal hours may be offered a meal, if doing so will not deprive an older individual of a meal. Volunteers under age 60 who receive a full meal that meets the requirements in Section 4 must pay a $3.00 fee and the fee must be included with the participant contributions and returned to the COUNTY.
CONTRACTOR must record the number of volunteer meals served.
CONTRACTOR will be reimbursed for volunteer meals provided. b. Guest Meals: A guest under the age of 60 may be offered a meal during meal hours if doing so will not deprive an older individual of a meal or add to the cost of meals prepared. A guest must pay a fee of at least $8.00 or up to the actual cost of the meal served, as specified in Exhibit C-1: Budget for FY2019-2020 and Exhibit C-2: Budget for FY2020-2021. CONTRACTOR must record the number of guest meals served and keep guest fees separate from participant contributions. CONTRACTOR may keep guest fees received. The cost of providing guest meals may not be included in the quarterly reconciliation. c. Staff Meals: Nutrition services staff under the age of 60 may receive a meal if doing so will not deprive an older individual of a meal or add to the cost of meals prepared. CONTRACTOR must record the number of nutrition services staff meals served. The cost of providing staff meals may not be included in the quarterly reconciliation.
14. MANDATORY ATTENDANCE
CONTRACTOR must have a representative attend every required training and meeting offered by the COUNTY that is specific to the Senior Nutrition, Congregate Meals Program.
15. PURCHASES
COUNTY may require CONTRACTOR, by written notice, to obtain approval of COUNTY for all purchases of food and materials. Approval will not be withheld by COUNTY except for good cause.
16. NON-EXPENDABLE PROPERTY
Any acquisition by CONTRACTOR of non-expendable property with a retail purchase price in excess of five- hundred dollars ($500.00), that is required by CONTRACTOR for performance of this Contract, must require prior written approval of COUNTY.
Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
COUNTY will be the legal owner of all equipment that is purchased with COUNTY funds. COUNTY may take possession of its equipment if it is not being used primarily for program purposes and will determine disposition of that equipment upon expiration or termination of this contract.
17. COMPETITIVE BID REQUIREMENTS
a. All equipment purchases by the CONTRACTOR exceeding five-hundred dollars ($500.00) must be procured through a competitive process in compliance with Sourcewises bidding procedures unless services or materials can be obtained only from a single source. Any procurement exceeding tenthousand dollars ($10,000.00) must also comply with the requirements of Office of Management and Budget Circular Uniform Guidance.
b. Unless CONTRACTOR uses the COUNTYs designated vendor, prior to making any equipment purchase that has a value of five-hundred dollars ($500) or more, CONTRACTOR will submit to COUNTY evidence that it has received a minimum of three (3) bids for such subcontract and justification for selection of the successful bidder or submit documentation to support the use of the sole supplier. Record shall be maintained by CONTRACTOR showing the parties solicited and the bids submitted.
18. OVERTIME WORK
Overtime work expenditures that are incurred by the CONTRACTOR will not be paid by reducing services or meals under this contract.
19. RESTRICTION OF DISCLOSURES
Any reports, analysis, studies, drawings, information or data generated as a result of this contract are to be provided to COUNTY prior to public dissemination.
20. CARE ACCESS ERROR RATE REQUIREMENT
Federal regulations pursuant to Title III of the Older Americans Act of 1965 (OAA) establish procedures for allocating money to states for various senior services. States have established allocation mechanisms to award monies to their Area Agencies on Aging (AAA). These AAAs in turn, award monies via contracts or grants to carry out the mission of the OAA.
Sourcewise, the County of Santa Claras designated AAA, allocates money for the provision of the Congregate Meals Program by reimbursing the County based on the number of meals served to seniors each month. This data is tracked through Sourcewises Care Access Database. When there is a discrepancy between the paper total (signatures of SNP participants) and scanner total (scanned barcodes of SNP participants), an error rate arises. Currently, if the total combined error rate of all Senior Nutrition Meal Sites exceeds five percent (5%), the County will not be reimbursed by Sourcewise. Therefore, CONTRACTORs data that is imported into Sourcewises Care Access Database must not exceed an error rate of 5%.
If CONTRACTORs imported data exceeds an error rate of 5%, COUNTY will withhold a percentage of CONTRACTORs invoice equivalent to the percentage of the error rate exceeding the 5% threshold. For example, if CONTRACTOR has an error rate of 23%, COUNTY will withhold 18% (23% - 5%) of CONTRACTORs invoice for that month.
Exhibit B-1: Program Plan & Requirements
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
Should Sourcewise decide to reimburse the County regardless of the combined error rate of all Senior Nutrition Meal Sites, then the County will not withhold any percentage of CONTRACTORs invoice regardless of CONTRACTORs error rate for that month.
21. GRIEVANCE POLICY
a. CONTRACTOR must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Contract which complies with Sourcewises requirements and the Older Americans Act, Section 315(b)(4). At a minimum, the process shall include all of the following:
i. Time frames within which a complaint will be acted upon. ii. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to Sourcewise if dissatisfied with the results of CONTRACTORs review.
iii. Confidentiality provisions to protect the complainants rights to privacy.
Only information relevant to the complaint may be released to the responding party without the older individuals consent. b. CONTRACTOR shall notify older individuals of the grievance process available to them by:
i. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers or areas in which there are a substantial number of older adults. For individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.
ii. Advising homebound older individuals of the process either orally or in writing upon CONTRACTORs contact with the individuals. c. Complaints may involve, but not be limited to, any or all of the following:
i. Amount or duration of a service.
ii. Denial or discontinuance of a service.
iii. Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.
iv. Failure of the service provider to comply with any of the requirements set forth in California Department of Aging regulations or in your contract with Sourcewise.
d. Nothing in this Grievance policy shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of CONTRACTORs governing board. e. Notify Sourcewise in writing within ten working days after statement has been issues to complainant detailing the complaint, resolution and a copy of the statement sent to complainant. The address for mailing is 3100 De La Cruz Blvd., Suite 310, Santa Clara, CA, 95054.
22. FISCAL YEAR CLOSEOUT SUBMISSION
Due to fiscal reporting deadlines imposed by the California Department of Aging and Sourcewise, CONTRACTOR must submit requested fiscal year-end closeout documents to COUNTY accounting staff by July 6, 202 for FY2019-2020 and July 6, 2021 for FY2020-2021.
County of Santa Clara
Social Services Agency
FY 2019-20 Exhibit C-1
Site 1 - Service Plan & Budget
Agency Name: City of Santa Clara
Site: Santa Clara Senior Center
A B C D E F
#of #of Total Contract
Budget Daily Meals Serving Days Annual Units Rate Amount** Per Meal Reimbursement Rate* 63 249 15,687 $7.09 $111,220.83 Additional Meals* I 2,498 $7.09 $17,710.82
Front Desk Refresh*** a 1 $700.00 $700.00
Grand Total 1 s129,631.6s I
Service
Weekly Service Plan Mon Tues Weds Thurs Fri Sat Sun Days Site Preparation Type Service Start 11:30AM 11:30AM 11:30AM 11:30AM 11:30AM N/A N/A Catered Service End 12:30 PM 12:30 PM 12:30 PM 12:30 PM 12:30 PM N/A N/A !Total Hours I 1.00 I 1.00 I 1.00 I 1.00 I 1.00 I N/A I N/A II 5 I *Only meals provided to eligible participants which meet dietary requirements will be reimbursed. The maximum number of meals reimbursed by the County will not exceed the YTD number of budgeted meals based on County-approved holiday schedule. Meals provided in a previous month but not reimbursed may be billed in a subsequent month. **Food costs must equal at least 25% less $.25 of the Total Contract Amount. Meals that are unserved will not be reimbursed. ***Each Front Desk Refresh unit is payable upon the site demonstrating that its registration desk has an agency-owned tablet or smartphone, in a protective case, with reliable, wireless internet connection available during meal registration. One unit per meal site.
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara FY2020 Page 1 of 3
County of Santa Clara
Social Services Agency
FY 2019-20 Exhibit C-1
Site 1 - Staffing Plan
Agency Name: City of Santa Clara
Paid Hours*
A
Job Title
Site Manager
Kitchen Aide
Unp_aid Volunteer Hours
A
Volunteer Hours
Registration Staff
Server 1
Server 2
Server 3
Server 4
Site: Santa Clara Senior Center
Total
Tota
18,185
Annual Meals
B C D
Paid Time
Off
(Days)
Daily Do not include
Hours Hourly Rate Holidays
5.00 $19.74 33.40
4.00 $15.05 33.40
9.00 B
Daily
Hours
3.00 3.00
2.00 2.00
2.00 12.00
13 Paid Holidays
E
Salaries
$ 25,859 $
$ 15,772 $
$ - $
$ - $
$ - $
s - s
$ - $
s - s ~ 41,631 ~
1.45%
Payroll
Tax Rate
F
Payroll
Taxes
375
229
-
-
-
-
-
-
604
G
Retirement
Contribution
~ -
H I J
Other
Health Fringe Total per
Insurance Benefits Employee
$ 659 $ 26,893
$ 503 $ 16,504
$ -
$ -
$ -
s -
$ -
s -
~ - ~ 1,162 ~ 43,397
*All personnel costs in the Staffing Plan are built into the per meal rate listed in Exhibit Cl : Budget, Service Plan & Budget.
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara FY2020 Page 2 of 3
County of Santa Clara
Social Services Agency
FY 2019-20
Agency Name: City of Santa Clara
Program: SNP Congregate Meals
A B C D
Source of Funds FY20Amount % ofTotal Commitment Code
Resources Provided by County
Santa Clara County Senior Nutrition
Program (This Contract) $ 129,631.65 56%
Resources Provided by Agency (Match)
In-Kind Resources
Volunteer Hours* $73,385.00 32%
Cash Resources
Agency General Fund $3,445.00 1%
CDBG $24,000.00 10%
Non-senior contributions $500.00 0%
Total Program Cost $ 230,961.65 99%
Actual Meal Cost
Total Per Meal Match sec Rate (Match + sec Rate)
$5.57 $7.09 $12.66
Commitment Code
1 Firm Commitment-Already have an agreement or letter confirming funding 2 Anticipated Renewal of Existing Funding-Continuation of current year funding 3 Anticipated Resource-Projection of previous fees or donations 4 Application Pending-Application has been submitted, no confirmation at this time s Pre-Application-Not yet submitted
* Volunteer Hours are valued by the County as: Living Wage* Hours Per Day* Serving Days First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara FY2020
1 3
1 1
3 Exhibit C-1
Resource Table
County of Santa Clara
Social Services Agency
FY 2020-21 Exhibit C-2
Site 1 - Service Plan & Budget
Agency Name: City of Santa Clara
Site: Santa Clara Senior Center
A B C D E F
#of #of Total Contract
Budget Daily Meals Serving Days Annual Units Rate Amount** Per Meal Reimbursement Rate* 63 248 15,624 $7.09 $110,774.16 Grand Total $110,774.16
Service
Weekly Service Plan Mon Tues Weds Thurs Fri Sat Sun Days Site Preparation Type Service Start 11:30AM 11:30AM 11:30AM 11:30AM 11:30AM N/A N/A Catered Service End 12:30 PM 12:30 PM 12:30 PM 12:30 PM 12:30 PM N/A N/A !Total Hours I 1.00 I 1.00 I 1.00 I 1.00 I 1.00 I N/A I N/A II 5 I *Only meals provided to eligible participants which meet dietary requirements will be reimbursed. The maximum number of meals reimbursed by the County will not exceed the YTD number of budgeted meals based on County-approved holiday schedule. Meals provided in a previous month but not reimbursed may be billed in a subsequent month. **Food costs must equal at least 25% less $.25 of the Total Contract Amount. Meals that are unserved will not be reimbursed.
First Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara FY2020 Page 1 of 3
County of Santa Clara
Social Services Agency
FY 2020-21 Exhibit C-2
Site 1 - Staffing Plan
Agency Name: City of Santa Clara
Paid Hours*
A
Job Title
Site Manager
Kitchen Aide
Unp_aid Volunteer Hours
A
Volunteer Hours
Registration Staff
Server 1
Server 2
Server 3
Server 4
Site: Santa Clara Senior Center
Total
Total
63 248 15,624
# of Daily Serving Days Annual Meals
Meals
B C D
Paid Time
Off
(Days)
Daily Do not include
Hours Hourly Rate Holidays
5.00 $19.74 33.40
4.00 $15.05 33.40
9.00 B
Daily
Hours
3.00 3.00
2.00 2.00
2.00 12.00
13 Paid Holidays
E
Salaries
$ 25,761 $
$ 15,712 $
$ - $
$ - $
$ - $
s - s
$ - $
s - s ~ 41,473 ~
1.45%
Payroll
Tax Rate
F
Payroll
Taxes
374
228
-
-
-
-
-
-
602
G
Retirement
Contribution
~ -
H I J
Other
Health Fringe Total per
Insurance Benefits Employee
$ 659 $ 26,794
$ 503 $ 16,443
$ -
$ -
$ -
s -
$ -
s -
~ - ~ 1,162 ~ 43,237
*All personnel costs in the Staffing Plan are built into the per meal rate listed in Exhibit C2: Budget, Service Plan & Budget.
First Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara FY2020 Page 2 of 3
County of Santa Clara
Social Services Agency
FY 2020-21
Agency Name: City of Santa Clara
Program: SNP Congregate Meals
A B C D
Source of Funds FY21 Amount % ofTotal Commitment Code
Resources Provided by County
Santa Clara County Senior Nutrition
Program (This Contract) $ 110,774.16 52.3%
Resources Provided by Agency (Match)
In-Kind Resources
Volunteer Hours* $73,092.00 34.5%
Cash Resources
Agency General Fund $3,445.00 1.6%
CDBG $24,000.00 11.3%
Non-senior contributions $500.00 0.2%
Total Program Cost $ 211,811.16 99.9%
Actual Meal Cost
Total Per Meal Match sec Rate (Match + sec Rate)
$6.47 $7.09 $13.56
Commitment Code
1 Firm Commitment-Already have an agreement or letter confirming funding 2 Anticipated Renewal of Existing Funding-Continuation of current year funding 3 Anticipated Resource-Projection of previous fees or donations 4 Application Pending-Application has been submitted, no confirmation at this time 5 Pre-Application-Not yet submitted
* Volunteer Hours are valued by the County as: Living Wage * Hours Per Day* Serving Days First Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara FY2020
1 3
1 1
3 Exhibit C-2
Resource Table
Santa Clara County
Social Services Agency
Logic Model -
A. Contract Goal:
B. Situation
Lack of food access,
~nancial instability, and
social isolation are pervasive
issues among the older adult
community. In order to meet
~he needs of this community
services need to include
ethnically diverse cuisine
served in locations in
proximity to low-income
neighborhoods, innovative
service models that bring the
~ood to the people, ~ransportation options, and
additional safety net
resources. These services
are a vital component to
keeping people healthy and
living independently.
FY 2020-2021 Exhibit D-1: Logic Model
Congregate Meals Agency Name: City of Santa Clara
Provide nutritious meals, opportunities to socialize, transportation, and resources to older adults across Santa Clara County.
C. Activities/Services
Provide training to meal site
1volunteers on food safety topics.
D1. # of
unduplicated
clients/families
served per FY
12 D2. #of
Outputs
per FY
--
6 D3. Output
Volunteer Trainings
E. Short/Long Term
Outcome Measures
By June 30, 2021, at least 75% of eligible older adult
congregate meal participants will have participated in at least one other service offered at the meal site.
First Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara FY2020 Page 1 of 1
Second Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara
FY2020
SECOND AMENDMENT TO THE CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND CITY OF SANTA CLARA CONGREGATE MEALS
This is the Second Amendment to the Contract between the County of Santa Clara (COUNTY) and City of Santa Clara (CONTRACTOR) entered into on July 1, 2019, for the provision of Congregate Meals Services.
The original contract was approved by the Board on June 18, 2019.
This Contract is amended as follows:
Effective July 1, 2021, the parties agree to comply with the provisions contained in the following exhibits, which are attached hereto and incorporated herein by this reference and made a part of the Contract.
1. Add Exhibit A 2: Program Provisions, which is attached hereto and incorporated by this reference.
2. Add Exhibit B 2: Program Plan & Requirements, which is attached hereto and incorporated by this reference.
3. Add Exhibit C 3: Budget, which is attached hereto and incorporated by this reference.
4. Add Exhibit D 2: Logic Model, which is attached hereto and incorporated by this reference.
All other terms and conditions of the Contract remain in full force and effect. 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 Amendment to the Contract.
COUNTY OF SANTA CLARA CONTRACTOR
______________________________ Miguel Marquez, Chief Operating Officer County of Santa Clara ______________________________ Deanna J. Santana, City Manager City of Santa Clara
Date: _________ Date: _________
______________________________
John P. Mills
Deputy County Executive
Date: _________
ATTEST ______________________________ Hassam Haggag, City Clerk City of Santa Clara
Date: _________
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM
______________________________
Luke Edwards
Deputy County Counsel
Date: _________
______________________________ City Attorney
Date: _________
DocuSign Envelope ID: 2DAB8AFF-AA81-40D2-8D5F-CFA236756B1A r-:;- DocuSigned by:
L~i:L~~
2/18/2022
2/18/2022
12/15/2021
lrDocuSigned by:
~
12/20/2021
2/15/2022
~;~~.~'J, ~CL i 1k, ~ df6VlwJ
Elizabeth Klotz
Office of the
12/20/2021
Exhibit A-2: Program Provisions