Item 11 - Consideration of Agmt. for Older Adult Meal Program at MCCC with Feeding the Soul Foundation dba O’side Kitchen CollaborativeDATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL October 19, 2021 Honorable Mayor and Members of the City Council Wendy Kaserman, Assistant City Manager/Acting Director of Community Services lv\L-Wendy Kaserman, Assistant City Manager/Acting Director of Community Services (858) 668-4502 or wkaserman@poway.org Carrie Sanchez, Recreation Area Manager -Community Park (858) 668-4673 or csanchez@poway.org Approval of Agreement with Feeding the Soul Foundation dba O'side Kitchen Collaborative to Provide Catering Services for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center and Appropriation of Funds As previously discussed with the City Council, in partnership with the Poway Valley Senior Citizens Corporation (PVSCC), the City took over providing older adult services when the new Mickey Cafagna Community Center (MCCC) opened in June 2021. Recognizing the importance of resuming an older adult congregate meal program, the City and the PVSCC have worked together to bring forward to~the City Council for consideration a short-term contract with Feeding the Soul Foundation dba O'side Kitchen Collaborative (OKC) to provide catering services for the older adult congregate meal program at the MCCC. The agreement is short-term while the City develops a Request for Proposals (RFP) for a longer-term agreement. The grant funding previously used by the Poway Senior Center to fund the congregate meal program is not currently available to either the PVSCC or the City of Poway. So, the services will be funded through a combination of participant fees, as well as a generous contribution from the PVSCC. As the PVSCC committed to the City when the City agreed to take over older adult programming, the PVSCC is raising funds through both bingo and sales from their recently-opened thrift shop to provide funding to offset the cost of the meal program, as well as other older adult programs. The City will pay the invoices to OKC and then request reimbursement from the PVSCC for a portion of the costs. Therefore, part of this agenda item also includes appropriating funds in order for the City to have the budget to pay for the services prior to receiving reimbursement from the PVSCC. Recommended Action: It is recommended that the City Council approve the Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and Feeding the Soul Foundation dba O'side Kitchen Collaborative (OKC) to provide catering services for 1 of 21 October 19, 2021, Item #11
the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center and appropriate funds to pay for the service prior to the City receiving both participant fees and reimbursement from the Poway Valley Senior Citizens Corporation. Discussion: Background As discussed with the City Council on February 2, 2021, following the shutdown of the Poway Senior Center due to COVID-19 restrictions, after thoughtful consideration, the Poway Valley Senior Citizens Corporation (PVSCC) Board members approached the City about the potential for the City to provide older adult services when the new community center opened. The City agreed to provide older adult services in partnership with the PVSCC. Rather than directly providing older adult services, the PVSCC has shifted its focus to activities, such as bingo and operating the recently-opened ReRuns Resale Shoppe, to help generate revenue to offset the costs of the older adult programming offered in partnership with the City and provide funding for other philanthropic purposes. Currently, at the Mickey Cafagna Community Center (MCCC) older adult programming includes structured activities such as fitness classes and dance classes. City staff has also blocked space for older adults to meet and socialize and engage in activities such as playing cards and mahjong. The PVSCC is offering bingo on Tuesdays and Sundays. One of the core services from the former Poway Senior Center that the City has not yet implemented is a congregate meal program. For many years, the PVSCC received a nutrition grant through San Diego County Aging and Independent Services that provided the majority of funding for the congregate meal program. Unfortunately, the PVSCC was not awarded the grant when they applied in 2019. Jewish Family Service UFS) was awarded the grant for both congregate and home-delivered meals in the 92064 zip code. JFS is currently providing congregate meals at the Ed Brown Senior Center in Rancho Bernardo and offering home-delivered meals. Older adults living in Poway do have the opportunity to participate in either the congregate meal program offered at the Ed Brown Senior Center or the home-delivered meal program offered by JFS. Both the City and PVSCC recognize the importance of offering a program located in Poway. Since the City of Poway took over providing older adult services, staff did approach the County about when there may be an opportunity for the City to apply directly for a nutrition grant. Unfortunately, the County indicated it could be several years before there's an opportunity to apply for the grant. The City also spoke to JFS about the potential for them to approach the County about using nutrition grant dollars to add the MCCC as an additional site for congregate meals. Unfortunately, JFS does not have the resources to do so at this time due in large part to the important work they are doing throughout the County to provide food to those impacted by COVID-19. The City and our older adult population have benefitted substantially from the CDBG-Corona Virus (CV) funds that have enabled us to partner with JFS to offer the drive-thru meal program. Initially this took place at the temporary Poway Senior Center on Pomerado Road and currently is offered on Wednesdays in the parking lot at the MCCC. To date, approximately 24,500 meals have been served. Recognizing the importance of resuming the congregate meal program in Poway, even if no County nutrition grant funds are available, the City is proposing to enter into a short-term agreement with Feeding the Soul Foundation dba O'side Kitchen Collaborative (OKC) to provide catering services at the MCCC while the City develops and issues a Request for Proposals (RFP) for a long-term provider. The initial term of the agreement is six months, with the option to go month to month at the end of the six-month period, if needed. OKC will have the opportunity to submit a proposal for the long-term 2 of 21 October 19, 2021, Item #11
agreement if they so choose. Funding will be provided through a combination of both the PVSCC and participant fees. As described in the Agreement (Attachment A), the cost per meal up to 50 meals is $10.50 per meal. Should we end up having more than 50 meals per day, the first 50 meals will be $10.50 per meal, anything over 50 will be $5 per meal. There is an additional $150 setup/service/cleanup fee that will be charged per day. It is staff's goal that with the long-term provider, the City will have adequate part-time staff resources to take care of the setup and cleanup for the congregate meal program. Participants will be charged $5 per meal, the PVSCC will pay the remaining $5.50 toward each meal, as well as the setup/service/cleanup fee. The City will be entering into a reimbursement agreement with PVSCC to reimburse the City for the costs described above. Since the City will be paying the invoices and then requesting reimbursement, as part of the action on this agenda item, staff is requesting an appropriation of $53,625. This anticipates 25 meals Monday through Friday for the six-month term of the agreement. Assuming the City Council approves the proposed agreement, staff is tentatively planning for the congregate meal program to begin the week of November 1. The meals will be served Monday through Friday at the MCCC between 11 :00 a.m. and 12:30 p.m. Recognizing that we are re-establishing a service that hasn't been in place for about a year and a half and that there are still concerns surrounding COVID-19, particularly with the older adult population who fall into a higher-risk category, staff is unsure at this point exactly what participation numbers will be. So, the estimated 25 meals per day may be too high or could be too low. Staff is working on establishing a reservation system, as we will need to provide some advanced notice to OKC in terms of how many meals to prepare. Should the meal program participation be much higher than estimated, the budget resolution adopted by the City Council on June 15, 2021 does give the City Manager authority to appropriate additional funds if there is revenue that directly offsets the expenditures. Since the meals are being funded through a combination of participant fees and PVSCC contributions, there would be revenue to offset an increase in the number of meals served. The service will initially look different than what was previously offered at the Poway Senior Center. Meals will be freshly prepared offsite at OKC's facility and packaged individually for service. Recently the City Manager, the Assistant City Manager, the Recreation Area Manager at the MCCC, Cynthia Elizondo, President of the PVSCC, and Liz Papineau, PVSCC Executive Director, had the opportunity to sample several dishes prepared by OKC. The food was delicious, and the portions were very generous. We anticipate participants will be very happy with both the quality and quantity of the food being served. Additionally, OKC is focused on reducing food waste, so their ingredients are sourced locally through partnerships with local farms and food businesses. The City has had some prior experience with OKC, asJFS was using them to help prepare some of the meals distributed through the drive-thru meal distribution program last year. The feedback was very positive for those meals, as well. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Staff is estimating that we will serve 25 meals per day five days a week. Based on those assumptions the six-month cost of the agreement is estimated to be $53,625. Staff is requesting the City Council appropriate $53,625 from the General Fund's Unassigned Fund Balance to the Community Park Division Budget Other Contractual Services -Older Adult Budget (208020-41200-20001 ). These costs will be fully offset through a combination of participant fees and reimbursement from the PVSCC. 3 of 21 October 19, 2021, Item #11
Public Notification: None. Attachments: A. Standard Agreement for Services Between the City of Poway and O'side Kitchen Collaborative B. Letter of Support from the Poway Valley Senior Citizens Corporation Reviewed/ Approved By: Wendy!< rman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch,kd City Manager 4 of 21 October 19, 2021, Item #11
City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 19th day of October, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and FEEDING THE SOUL FOUNDATION OBA O'SIDE KITCHEN COLLABORATIVE (hereinafter referred to as "Food Services Provider"). RECITALS WHEREAS, City desires to obtain the services of a private Food Services Provider to perform contract catering services for the Mickey Cafagna Community Center; WHEREAS, Food Services Provider is in the business of providing food service consulting and feeding services and has represented that Food Services Provider possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an Agreement to retain the services of Food Services Provider as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN FOOD SERVICES PROVIDER ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Food Services Provider shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Food Services Provider as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City or Food Services Provider. Termination without cause shall be effective only upon 60-day written notice. During said 60-day period Food Services Provider shall perform all services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Food Services Provider in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination. Such termination shall be effective upon delivery of said notice. 1 ATTACHMENT A 5 of 21 October 19, 2021, Item #11
5. Confidential Relationship. City may from time to time communicate to Food Services Provider certain information to enable Food Services Provider to effectively perform the services. Food Services Provider shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Food Services Provider shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Food Services Provider, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Food Services Provider without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Food Services Provider by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Food Services Provider shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Food Services Provider shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Food Services Provider shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Food Services Provider declares that it has not employed or retained any company or person, other than a bona fide employee working for Food Services Provider, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Food Services Provider upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Food Services Provider shall not act as Food Services Provider or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Food Services Provider shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Food Services Provider shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Food Services Provider has a financial interest as defined in Government Code Section 87103. Food Services Provider represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 6 of 21 October 19, 2021, Item #11
"Food Services Provider" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: [8] 1. Food Services Provider/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Food Services Provider/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Food Services Provider/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Food Services Provider shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for 3 7 of 21 October 19, 2021, Item #11
three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Food Services Provider shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Food Services Provider only insofar as the results of Food Services Provider's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Food Services Provider accomplishes such services. 13. Licenses, Permits, Etc. Food Services Provider represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Food Services Provider represents and warrants to City that Food Services Provider shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Food Services Provider to practice its profession. 14. Food Services Provider's Insurance. Food Services Provider shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Food Services Provider's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Food Services Provider or any other person for, and Food Services Provider shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Food Services Provider's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Food Services Provider, its agents, officers, directors, sub-Food Services Providers or employees. (b) For Claims alleged to arise from Food Services Provider's negligent performance of professional services, lndemnitees shall have no liability to Food Services Provider or any other person for, and Food Services Provider shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Food Services Provider's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Food Services Provider, its agents, officers, directors, sub-Food Services Providers or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Food Services Provider's professional services, Food Services Provider's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Food Services Provider's negligence. 4 8 of 21 October 19, 2021, Item #11
(c) The foregoing obligations of Food Services Provider shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Food Services Provider, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Food Services Provider under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Food Services Provider shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Food Services Provider is carrying and maintaining; however, if Food Services Provider fails to take such action as is necessary to make a claim under any such insurance policy, Food Services Provider shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Food Services Provider under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Food Services Provider: (a) Food Services Provider hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Food Services Provider that occurs in the course of, or in connection with, the performance of Food Services Provider's obligations under this Agreement, including but not limited to Food Services Provider's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Food Services Provider or its employees in connection with Food Services Provider's performance its obligations under this Agreement, including but not limited to Food Services Provider's Scope of Services. 17. Food Services Provider Not an Agent. Except as City may specify in writing, Food Services Provider shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Food Services Provider shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Food Services Provider shall assign qualified and certified personnel to perform requested services. City shall have the unrestricted right to order the removal of any person(s) assigned by Food Services Provider by giving oral or written notice to Food Services Provider to such effect. 5 9 of 21 October 19, 2021, Item #11
Food Services Provider's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Food Services Provider hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Food Services Provider in the event of termination, Food Services Provider's damages shall be limited to compensation for the 60-day period for which Food Services Provider would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Food Services Provider" shall mean the individual or corporate Food Services Provider and any and all employees of Food Services Provider providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Food Services Provider and City relating to the terms and conditions of the services to be performed by Food Services Provider. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. 6 10 of 21 October 19, 2021, Item #11
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: __________ _ Chris Hazeltine, City Manager 7 O'SIDE KITCHEN COLLABORATIVE By:------------Mike Perez, Director of Operations 11 of 21 October 19, 2021, Item #11
Date: __________ _ ATTEST: Carrie Gallagher, City Clerk APPROVED AS TO FORM: By: ____________ _ Alan Fenstermacher, City Attorney Date: ___________ _ 8 12 of 21 October 19, 2021, Item #11
A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Food Services Provider agrees to perform contract catering services as required by City, which shall consist of meal services further described in the Scope of Services submitted with the proposal, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Food Services Provider shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Food Services Provider a fee in accordance with the Fee Proposal submitted within the proposal, which is included in this document as Attachment 1. Food Services Provider's fee shall include and Food Services Provider shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. C. Term of Agreement. This Agreement shall be effective from the period commencing October 19, 2021, and ending April 19, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended month to month upon approval in writing of the City Manager and Food Services Provider. Upon expiration or termination of this Agreement, Food Services Provider shall return to City any and all equipment, documents or materials and all copies made thereof which Food Services Provider received from City or produced for City for the purposes of this Agreement. D. Food Services Provider's Insurance. 1. Coverages: Food Services Provider shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Food Services Provider shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 1 13 of 21 October 19, 2021, Item #11
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Food Services Provider shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Food Services Provider: 2 City of Poway P.O. Box 789 Poway, CA 9207 4 O'side Kitchen Collaborative 603 Seagaze Drive, #912 Oceanside, CA 92054 14 of 21 October 19, 2021, Item #11
EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 15 of 21 October 19, 2021, Item #11
Cal Gov Code§ 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 16 of 21 October 19, 2021, Item #11
Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to ( 1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 ( ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 3 17 of 21 October 19, 2021, Item #11
ATTACHMENT 1 Schedule of Services and Charges 1. Meal Service and Procedures Beginning in October 2021, Food Services Provider shall prepare sealed meals for each Cafagna Community Center guest who has booked a meal reservation. This meal is to be mutually discussed and agreed upon. The meal shall be prepared and delivered to the Cafagna Community Center and be served between the hours of 11 :00 a.m. to 12:30 p.m., Tuesday through Friday, with the option to add Monday upon mutual agreement. Food Services Provider shall render the Services in a diligent, careful, thorough, and professional manner consistent with the City of Poway Zoning and Heath Code (or relevant code), State of California Heath Code (or relevant code), good business, health, and nutritional practices in the food service industry, and shall at all times provide City with Food Services Provider's sound and reasonable recommendations and advice. Food Services Provider shall maintain licenses necessary to operate a food establishment, and any other licenses applicable to the business. City and Food Services Provider will work collaboratively to identify and implement a process to collect reservations for each meal from the Cafagna Community Center guests and shall inform Food Services Provider of the number of such meal reservations no later than 10:00 a.m. on the prior day. City's Recreation Area Manager shall also assist in coordinating kitchen schedule and general kitchen operations. 2. Charges for Meal Service City shall pay Food Services Provider a charge of $10.50 per meal reservation, and $150 fee per meal period for setup and labor for up to 50 meals per day. After the 50 meals are served, City shall pay Food Services Provider an additional $5.00 per meal. Payment of these charges shall be made on a bi-weekly basis, based upon actual consumption. Payment shall be due within 15 business days of receipt of invoice by City from Food Services Provider. 3. Lunch and Dinner Service; Meal Charge Discount Food Services Provider shall provide an opportunity for guests to purchase additional prepared meals at a nominal cost, and arrangements therefore shall be made directly between Food Services Provider and guests each day. Food Services Provider shall prepare and serve meals at the premises Tuesday through Friday, with the option to add Monday upon mutual agreement. 4. Kitchen Facilities Food Services Provider shall share use of the Cafagna Community Center kitchen facilities to provide the services as required in this Agreement. Food Services Provider may utilize the kitchen during reasonable business hours, but in no event shall Food Services 18 of 21 October 19, 2021, Item #11
Schedule of Services and Charges Page 2 Provider infringe on the guests of the Cafagna Community Center's right of quiet enjoyment or violate any local, state, or federal law or regulation, or any rules or regulations adopted by City for the premises. City shall initially stock the kitchen facility with supplies and kitchenware necessary to operate the kitchen. City shall be responsible for any licensing fees, permits, upgrades, or changes to the kitchen required by the City of Poway, health, or other regulatory agencies. Food Services Provider shall be responsible for maintaining the supplies and kitchenware in good condition and shall operate and maintain the kitchen facility in a clean and sanitary manner. Food Services Provider shall be further responsible for purchasing, preparing, and serving food, and for washing dishes, silverware, glassware, and all kitchen and cooking wares and utensils. The Cafagna Community Center janitorial staff shall be responsible for cleaning the room after the daily meal. Food Services Provider shall use the commercial kitchen facility only for the uses described in this Schedule of Services and Charges and for no other use or purpose whatsoever. Only employees of Food Services Provider shall be allowed in the kitchen facility. Food Services Provider shall keep the Premises in good condition, except for ordinary wear and tear. Food Services Provider shall make no alterations to the Premises without first obtaining written permission from the City. Any damage or deterioration of the Premises shall not be considered ordinary wear and tear if same could have been prevented by good maintenance and repair practices of Food Services Provider. Food Services Provider shall give prompt notice to City of any maintenance required at the Premises. Food Services Provider shall pay for any damage to the Premises caused by an act of the Food Services Provider or an employee of Food Services Provider. Food Services Provider shall be responsible for liability, theft, and accidents pertaining to usage of the Premises, unless caused by the City's negligence. Prior to the expiration or earlier termination of this Agreement, Food Services Provider shall remove all of its personal property from the Premises and shall perform all repairs and restoration of the kitchen facility made necessary by the removal of any of Food Services Provider's improvements, alterations or personal property in order to cause the facility to be restored to its original condition at the time the improvements were completed. 19 of 21 October 19, 2021, Item #11
Octob ·r 7, 2021 Powav Ci y Council · 3325 Civic Center Dr. Po,..v~1v, C/J. 92064 The Board of Directm·s o-f·che l'm,vav Valley S nior Ci'·iz ... ns Corpotai:ion {PVSCC) is in -full support of resuming th2 ol.dz,r adld congregate meel progrnm at the new iV1ickey Cafa1gna Conin1.unity Center {MCCC} and stipports City Staffs propos~d e1greernen. i1v1th th O'Sid. Kitchsn Co!laborati ·:> (Ol<C} to provide th<; rne7!5 \,vhile the Citv prepar2s an RFP to s Ject a forig-tern, provi.der for the me?! prograrn. 'When rhe !')andemit forced the dosure or the fon-nei· Pov,.,av Senior Cerri:2.-, one Of the hardest prog arns to susp~nd was •i.:he co11gteg~r,e rne~I progr-t.111. The prograrn provides no· only the opportlrnt·~v for socialhation. but for rnanv older cldi..ilts jv is th~lf prirnary somce of hot nut(Hious rne!. is. Ir) lieu or~ congr~gate roeal proereim; th0 PVSCC gre~cty appred~tes that the Citv has used H:s grant allocation to partner vvi""h Je1Nish F~-nr1lly Se vic2· {JFS} rn o.ffor a ckivc-thru m12cJI service io ou!' older ~dults whc~rc thcv can pick up 7 clav·$•' \►vorth of rneats ev 1·v Wednesdav. Sioce the Citv took over providtng older adult servkes ,Nhen th~ MCCC opened in June, the City and the PVSCC h~ve wo1·ked doselv toge:cherto develop a plan w i"esume th-2 congreg=:ri:e mei:-I p1·og.-am. Unfortunatelv, shortl'y efor,2 the Senior Cencer ,Na.s shut dovvn du2-i:o CO'VID th~ PVSCC ,rias fr1form2d th:2-y wi:;ie hot ge ting a r-ene,,11al of ths AIS grc:1nt thai: had p eviouslv ruoded ihs congregat-.. meal prograrn, and ii" is om understanding chat there will noi. be c1nother oppor·tunicy fo :;itho:;r the P\/SCC or the City i:.o ;;pp.ly fo the grJn,. again for severe:! y0.vts. /4.s you m-= y recall, Che focus for he PVSCC, under our new DB.l\ The Fri.. nds o-i PovJ~'f Seniors1 has shirt2d io that 0Hundraising1 to ensure che funds are availabk: to support s2nior pwgra,nrning provided by the CHy. W2 rec .... ntly resumed offering bingo oo Tuesdays and Sundays atthe MCCC a,.-,d opened the ReRuns ReS..-le Shoppe on Po1Nay Road. Both b·ngo and th0 resale store arn doing vvel1 finandal!v. !,1 honoring our commitment to ths City to he!p offset th<,;. costs of oldet adult progrc mming, th~ PVSCC is fullv committed to reimbursing the City for the costs. of the congregate meal program ·?hat ar\; not covered through participant 13 9~:-Civic Cen · e~;, Drl Pov\Jc,y-_, Ci\ 92 64 858-'568--;.6g9 \i•.l~iiJv1.1. friendsofpo, ,.1a'Ysen1ors.com ATTACHMENT B 20 of 21 October 19, 2021, Item #11
fees. We understand this is a short-term contract and we look forward to being a part of the selection of the long-term provider and discussing long-term costs and funding with staff. As staff mentions, Liz Papineau and I did recently have the opportunity to join City staff in sampling OKC's food. We are excited about the quality of the food being offered and anticipate we will have more participation than ever as word spreads about the program resuming. On behalf of the entire Board, I would like to say thank you for your continued support of older adult programming. We are enjoying working with Carrie Sanchez and the MCCC staff and are excited expand programming to include a congregate meal program. With gratitude, (,.--~--··~\ ", ·~~"' ~'""
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A ('···,. ' ' Cyn'tA,ia...Elbondo President Poway Valley Senior Citizens Corporation 21 of 21 October 19, 2021, Item #11