HomeMy WebLinkAbout2020 CON City of San Diego Senior Nutrition Program Contract#561763 Amendment 3COUNTY OF SAN DIEGO - DEPARTMENT OF PURCHASING AND CONTRACTING
CONTRACT NO. 561763 AMENDMENT NO. 03
City of National City ("Contractor") and the County of San Diego ("County") enter into this amendment ("Amendment") to
amend the above -referenced contract ("Contract") as described herein.
Title of Contract: Senior Nutrition Program
Amendment Effective Date: Date signed by Department of Purchase g and Contracting
Description of Contract Cbange(s):
1. Contract Terms and Work:
1.1. Add Exhibit D-Federal and FEMA provisions to the agfeement.
1.2. Revise Exhibit C-Payment Schedule, for FY 20-21 and each of the two subsequent years as follows:
1.2.1, Congregate meals: Supplemental rate increased from $4 96 to $5.23, line total from $203,221.12 to
$214,283.56 and contractor's match from S22,577.87 to S23,806.90.
1.2.2. Horne delivered meals: Supplemental rate increased from $4.76 to $4.89, line total from $84,137.76 to
S86,435.64 and contractor's match from $9,347.71 to $9,603.00.
1.2.3. Incentive payments (for congregate meals): Supplemental rate decreased from $0.77 to $0.67 and total line
from S31,548,44 to $27,451.24.
1.2.4. Incentive payments (for home -delivered meals): Supplemental rate increased from $0.68 to $0.72 and total line
from $12,019.68 to $12,726.72.
1.2.5. Grand total increased from $330,927.00 to S340,897.16.
1.2.6. Total contractor's match increased from S31,925.57 to S33,409.90.
2. Compensation: The compensation due to Contractor under the Contract is increased by a total of $29,910.48, $9,970.16
for Fiscal Year 2020-2021 and each of the 2 subsequent years, for revised yearly amounts of S340,897.16 for FY 20-21
and each of the 2 subsequent years.
Revised Contract Total Price is S2,017,446.10.
3. Term of Agreement: The contract term remains unchanged, February 1, 2020 through June 30, 2023.
Exhibit D-Federal Provisions and Exhibit C — Payment Schedule marked Amendment 03 are attached.
All other terns and conditions of the Contract shall remain in effect.
IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the date set forth above. This
Amendment is not valid unless signed by Contractor and the County Department of Purchasing and Contracting.
CONTRACTOR:
By:
Name; ALEJANDRA SOTELO-SOLIS
Title: Mayor
Date: 46,11412-C)
COUNTY:
Department Review and Recommended Approval:
By:
Kimberly Gallo, irector, Aging and Adult Services
Aging & lndepe ence Services, HHSA
g
Date:
Date: qtck�
APPROVE
M. PeLLEGRINO, Director
Department of Purchasing and Contracting
7/ l/`,On0-6
CONTRACT #561763 AMENDMENT NO3
COUNTY CONTRACT NUMBER-561.763.
COUNTY -OF. SAN DIEGO, HEALTH AND HUMAN SERVICES• AGENCY
AGREEMENT WITH -CITY;OF NATIONAL CITY FOR
- SENIOR NiUTRITION PROGRAM
EXIIIBIT'I➢_—FEDERAL PROVISIONS
Contractor, shall, for the duration of the: contract and any extension of the :contract or surviving
conditions contained therein as required by the County, be in compliance with the following
stipulated conditions and applicable federal provisions:
1. REQUI'RED FEDERAL FLOWDOWNS
1.1. CLEAN AIR ACT AND THE:FED. ERAL WATER POLLUTION CONTROL ACT.
(a) The Contractor :agrees to comply with all applicable :standards,orders or
regulations issued pursuant to; the Clean Air Act, as amended, 42. U.S.C. § 7401 et
seq. -
(b) The Ctratoragrees to report each violation ,to the -County and understands:and
agrees that the County will, m turn;. report each violationas required to assure
notificationto the Federal Emergency Management Agency, and the appropriate
Environmental.Protection Agency Regional Office.
(c) The, Contractor agrees, to :include these requirements in -each. subcontract exceeding
$.150,000. financed in whole or in part. with Federal :assistance. provided by FEMA.
(d) The Contractor agrees to comply with, all "applicable standards, orders, or
regulations issued pursuant; to the Federal Water Pollution Control Act, as
amended, 33 U S:C. 1251 'et seq.,
(e) The'. Contractor- agrees to report each violation: to the County and understands and
agrees that the: County will, in turn, report each violation as required to assure
notification to the Federal Emergency Management Agency , and the :appropriate
Environmental Protection Agency Regional Office.
The Contractor agrees toinclude:: these' requirements in each subcontract exceeding
$.1' 50;000 financed in whole or, in"part with Federal assistance provided by .FEMA.
(f)
1..2. DEBARMENT AND SUSPENSION.
(a) This Agreement is ;a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 ,
C F.R pt. 3000'. As such, the Contractor. is 'required to verify that none of the
Contractor's' principals (defined at 2 C.F.R. §':180.995),or its affiliates: (defined. at
2.C.F.R. §."180.905),are excluded (defined at 2 C.F.R. § 180940);or disqualified
,(defined' at 2 C.F.R. §.1110 935:).
COUNTY CONTRACT NUMBER 561763
COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT WITH CITY OF NATIONAL CITY FOR
SENIOR NUTRITION PROGRAM
EXHIBIT D—FEDERAL PROVISIONS
(b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
(c) This certification is a material representation of fact relied upon by County. If it is
later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart
C and 2 C,F.R. pt. 3000, subpart C, in addition to remedies available to County,
the Federal Government may pursue available remedies. including but not limited
to suspension and/or debarment.
1.3. BYRD ANTI -LOBBYING AMENDMENT.
(a) Contractors who apply or bid for an award of $ 100,000 or more shall file the
required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, officer or employee of Congress, or an employee of a
Member of Congress in connection with obtaining any Federal contract, grant, or
any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any
lobbying with non -Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the recipient
who in turn will forward the certification(s) to the awarding agency.
1.4. PROCUREMENT OF RECOVERED MATERIALS.
(a) In the performance of this Agreement, the Contractor shall make maximum use of
products containing recovered materials that are EPA -designated items unless the
product cannot be acquired—
• Competitively within a timeframe providing for compliance with the contract
performance schedule;
• Meeting contract performance requirements; or
• At a reasonable price.
(b) Information about this requirement, along with the list of EPA -designated items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https:'' \ H .epa.gos, 'smzvcom_prehens k eproeurement-guideline-cpg-program.
(c) The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act."
(a) the contract clauses above may be grounds for termination of the Agreement, and
for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12.
2. FEMA REQUIRED FLOWDOWNS
COUNTY CONTRACT NUMBER •561763
COUNTY OF SAN- DIEGO;'HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT wag CITY OF: NATIONAL CITY FOR
,SEN'IOR NUTRITION PROGRAM
EXHIBIT ID -FEDERAL: PROVISIONS
2.1. A_ CCESS TO RECORDS. The ;following access to ;records. requirements ,apply to. this
Agreement..
(a) The Contractor agrees to. provide County,. ;the. FEMA Administrator; the
Comptroller General of the,United: States;. or any_:of their authorized�representativ_es
access to any books, documents, papers, and,' records of the Contractor which are
directly pertinent to this Agreement for the purposes •of making audits,
examinations, excerpts,; and transcriptions.
(b) The Contractor agrees to permit any of the foregoing .parties to reproduce by :any
means'. whatsoeveror to copy excerpts and transcriptions as reasonably needed.
(c) The Contractor agrees -to provide the FEMA Administrator or his :authorized`.
representatives,access to construction., or ,other work sites pertaining to the work
-being completed undertheAgreement
(d) In compliance with the. Disaster Recovery Act of 2018, the County .and. the
Contractor acknowledge and agree thatno language in this Agreement is intended
to prohibit audits.. or :internal, ;reviews by, the -FEMAAdministrator or the
Comptroller -General Oft United States.
2.2. DEPARTMENT` OF ±HOMELAND SECURITY (DHS), SEAL, LOGO, AND FLAGS:
The Contractor shall not use The: DAIS seal(s), logos, crests, or reproductions of flags or
likenesses of 'OHS agency officials without specific FEMA pre approval.
2.3 COMPLIANCE WITH FEDERAL LAW; REGULATIONS, AND EXECUTIVE
ORDERS: This is an acknowledgement that FEMA ancial assistance may be. used to
fund' all or a portion of the' Agreement: The Contractor
ntorwill-comply with all applicable
Federal .law, regulations; executive:orders ,FEMA policies, .procedures, and directives.
2.4. NO OBLIGATION; BY :FEDERAL GOVERNMENT. The Federal Government is not a.
party to this Agreement end is not subject to any obligations or .liabilities -to, the County,
Contractor, or any otherpartyhpertaining to any matter resultingfrom theAgreement.
2.5 PROGRAM FRAUD AND. FALSE OR FRAUDULENT STATEMENTS OR.
RELATED ACTS The Contractor :acknowledges that 31 U.S:C Chap. 38.
(Administrative Remedies for False. Claims; and Statements) applies to the Contractor's
actions pertaining:to this, Agreement.
COUNTY CONTRACT NUMBEk:561763'
• COUNTY OF SAN DIEGO; HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT WITH CITY OF NATIONAL CITY FOR
SENIOR NUTRITION PROGRAM
EXHIBIT C:4pAYMENT SCHEDULE
c,OtvirENsATioN; The compensation listed below isnot:designed to fully fund the program. The fixed supplemental
rates are developed annually based on funding and determined to offset the cost of providing _services. These rates are
Subject to availability of funding from the Statecf'California, California Department of Aging (CDA) and can change
annually. A cotnpleteclrePort.pfachiarcosts (Closedutreport):exPended,shall be submitted attheend of the:fiscal year.
BASE PERIOD February 14,2020 =June 30, •2020
T,
Services
Proposed
Number of ; ,
Meals '
Service Me
, ,
•COuntri Fixed
'Supplanentall •
-late '
Total
(Multiply the # of
Scrvice Meals by the
' Cotinty.,Supplemental.,
Rate or Incentive
Payment for the total),
Contractcir's
Match
(Multiply the total
---
1.11
1% for total
contractormatch) - —
ongregate Meals
..._
.5,6,30
IV.%
$ 127,124.80
r $14,1357
110me,Deliverecl Niels:
9,863
_ .
$4,76
$46,941.88
_ . ..
.$5,215:91
IrallPOOrtiltiOa ,
(iumber-cif prpPosed
'Corigregate-Meals)
N/A
N/A
N/A
N/A'
Incentive Payments*
f(Number ofproposed
CongregateMeals),
15.i.630
$0.77
,119;735 .21 Q .
_
N/A
'Picent4velP43i1,1110
Number cifproppSed Home-
Delivered Meals).
9,863
•
0,08
... ,
$6,7034
N/A
OtArTD TOTAL
.
U005 J 4.62
_ _
,$ 19`;3 39.47
4'Nutrittnn.dServicesincernive Payment:(N$IP) dallaramounts:are-istimates ONLY and may be adjusted based on prior year
number oftheaja ;Served:
1.) CostRainibuirsement
1.1. Qontractorintly .be reimbursed_ for itemsTurChased under thiS` agreement in accordance with SOW paragraph
6.2.3 for-Orte-TitneTOnly (OTO) Funds:
1.2. OTO Funds arebased funds recei.yedfrom-the State of California. The County cannot guaranted.theleCeipt of the
funds and all eXPendituresnitist be approved in advance by the Ccurity.
1.3. 'cifitite4gtor: shall procure County approVdgoo4s:and Services through competitive measures further defined in
SOW riaragraph_6,2:3.
1.3.1.Cptitreeter shall provide a log of purchases:made, during the billing period and proVide:with,aninvoiee for
reimburSeinentlnfotmation provided shall inClude:
DeScriptionsif item purchased, •
Description of eortipetitlife measures takento,rnake said purchase
''Back up documentation providingcompetiti9e measures were taken.
Total Price cif item(Opurchased
1.1-1A. pate •pf iteins(s) purchaied
City dNatienaldty Contract/1561103 AMD 03
COUNTY CONTRACT NUMBER 561763
COUNTY,,OrSAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY
AGREEMENT vm,f1C1TY OF NATIONAI, CITY FOR
SENIOR .NUTRITION PROGRAM
Elaigirr,e:4AymET•iT.scHtpugi,
OPTION 1 - Jillv1.2020 — June 30. 2021
Services
-
PropOsetl
Number :of
ScrYtoeSeals
Couary's Fixed,
Supplemental
Rate
_ . '
Total
(Multiply .the # of
Servic6Meals by the
-county supple-ment41
Rate orIncentiVe
Paymentforn the,total)
Contractor's
Match
(Multiply the total by
11.11% f t
-0I7
' or A
contractor match)
_
CongtegateMenis . '
40,972.
$5-23
:$214,283.56
$23•;806.90
Ilome-aDelivered Meals
17;070
$4,89
5i$6,435_,64 -
$9,603.00
_ .
Transportation
(NIltribernOtproposed
Congregate Meals)
N/A
n
N/A
N/A
N/A
lIncentive-rayMtnts*
(N4rhher pfptoposecl
!Congregate Meals)
40,972
$0.67
$27,451.24
N/A
vIncentive.P.aymentS*
(1•Iurnher Of proposed.:Home-
Deivere_d Meal's)
_l
_
17;676
,
$0.72
$12,726.72
?
N/A.
• ) T_CITAL;
•
$340;397.16
$33,409.90
*,Nutrition 'Services incentive Payment (NSIP) dollar amounts -Are estimatas-ON1_,Y /uld may be:adjusted based on actual prior year
num_btr,ofmears served,.
1. Cost Reimbursement
1.1) comtattor may be .reimbursed :for items purchased_under this agreement in accordance with SOW paragraph
0.2:3 for One..Titne,Pnly (OTO)Funds.
1.2. OTO Fundsare based funds received from the State of California. The County cannot guarantee the'recoipt of the
funds andall'expenditures must be approved in advance by the county.
1.3. Contractershall procure County approVedzoods and services through competitive measures further defihect in
SOW'paragraPh 6.2.3.
1.3_.1.Colittadtor shall provide a log purchases-Made:4ring the billing period and provide with en invoice for
reitnburgeniontinformation provided shalf.Include:'
1.11 .1'. DeScription,cif item purchased
1.3.1.2. Description ofcbtnpotitiVemeasures taken to make said purchase
Back up documentatjoo, providing competitive measures were .taken.
Total 1:)ticc Of item(s) purchased:
1.3.1.4. Date of items(sypuithated.
City of NatiOnal:City Contract #561763 - AMD 03
couNty.cosTRAcT•igNIBER 561763
CQI,INTY•9F',SA.N.:DIEG0,-Hl$A1,,TH AND HUMAN SERVICES AGENCY
• - • AGREEMENTWITH•CITY OF NATIONAL CITY FOR
:SENIOR NUTRITION PRO.GRAM
EXHIBIT C71PAYMENT SCHEDULE
OPTION Z.- Ja1v,1.2021 —Julie 30, 2022
,
, , .
Services
' •
rtOpOsed
Number of
Service.Meals
,
County'aFixed,•
Supplemental
Rate
,
. . _
Total
(Multiply the #,of
Service Meals by, die
CouritY Supplemental
.
,Rate or Incentive
Payment for the total)
Contractor s
Match
(Multiply thelotal by
11.11% fer total
•contractor match)
:.'. Coagregate•Meals, .
40;912
-$5.3
$214,283.56
$2180.90
Flome,Delivered Meals
.
11;6*
-
.$4,89
.
06,435.64
$9,603.og
Tratisporiatioa
,(Number of propoSed "
.,,C9rfgrCa4t0.•M: OW . _
.
.N/A.
_.
,
._
N/A
. .....
N/A
..„
N/A
Incentive Payments*
l(Numbertif proposed
Congregate Meals) .
• 404972
• '
'$0.67
$27,451.24
N/A
Itteenti*e,tayments*
(Number of proposed Home-
pelivered'Meals)
, 17,676
' .
:
S0:72
. $12,72672
N/A
• - - ' . ' • - - - , - • -
( PRANDTOTAL:
_
_
$3404897,16
$33,409:90
*Nutrition,SerVices IncentiVePayment (NSIP) dollar amounts are estimate's ONLY and may he adjusted based on actual prior year
ninnberofitiearsseryed.
1. Cost•Reimbursemea
Contractor may be reimbursed for items purchased under this agreement in accordance with SOW paragraph
6.2.3 for. One,Time4i111Y (OTO) Funds:
1,2. OTO, Funds t are based funds received from the Sta.te Of California. The County cannot guarantee, the receipt of the
funds and all expenditures must be approved in, advance by the County.
1.3. Contractor shalt procure County approved goods and services through competitive measures futther defined in
SOW paragraph 6.2.3.
1.3.1.Q:infractor shall provide a log of purchases made during the billing period and provide with an invoice : for
reimbursement, Information provided Shall include:
1,3.1,1. Description of item ,purchaSed
1.3.1.2. Description of competitive -measures taken to make said purchase
Back up docinhentatiOnproviding-ccinpetitive measures were taken
1.3.1.3, TOIL -Nice of items(s) purchased
1.3.1.4 Date. ofiterns(A) purCha.sed
City of National City Coritract#561763 - AMD 03