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HomeMy WebLinkAbout2020 CON County of San Diego - Senior Nutrition Program0 COUNTY OF SAN DIEGO — DEPARTMENT OF PURCHASING AND CONTRACTING CONTRACT NO. 56176,E 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 b Departmcnt of Purchasing and Contracting Description of Contract Chsage(a): 1. Contract Terms and Work: 1.1. Add Exhibit D-Federal and FEMA provisions to the agreement. 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 $22,577.87 to $23,806.90. 1.2.2. Home -delivered meals: Supplemental rate increased from $4.76 to $4.89, line total from $84,137.76 to $86,435.64 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 531,548.44 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 S330,927.00 to $340,897.16. 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. MI outer terms 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. Name: ALEJANDRA SOTELO-SS?LIS 'title: Mayor Date: COUNTY: Department Review and Recommended Approval: BY: Kimberly Gallo, rector, Aging and Adult Services Aging & lndepe ‘')-0 ence Services, HHSA Date: $4k 4 M. PELLEGRINO, Director Department of Purchasing and Contracting Date: tr7 A r3o}e. CONTRACT N561763 AMENDMENT 003 COUNTY'CONTRACT NUMBER-561.763 COUNTY OF SAN DIEGO; HEALTHi AND HUMAN SERVICES AGENCY AGREEMENT WITH CITY OFNATIONAL•CITY.FOR SENIOR NUTRITION PROGRAM EXIHBIT' D_-FEDERAL PROVISIONS Contractor: shall, for thedurationof 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. REQUIRED FEDERAL FLOWDOWNS 1.:1. CLEAN. AIR ACT AND THE'FEDERAL WATERPOLLUTION 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 Contractor, agrees to report each violation to the County and understandsand agrees that the County will, ,inturn,report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate EnvironmentaProtectiion_Agency Regional Office. (c) The Contractor -agrees to: include' these requirements in each..subcontract<exce_eding. $150,000. financed in whole .orin part with Federalassistanceprovided by FEMA. (I) The Contractor agrees to comply with all applicablestandards, 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 reporteach violationto the County and understands and agrees that the Countywill, in .turn, report each violation as required to assure notification to the Federal. Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (f) The Contractor agrees toinclude these requirements in each subcontract exceeding $150,000, financed in whole or in part with Federal assistance provided by FEMA. 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. §:180.940) or disqualified (defined' at.2' C.F.R. § 1$0;93;5). 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 S 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 arty 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:.cpa.got 'smm'comprehensit eprocurerncitt-guideline-epg-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 WITH CITY OF NATIONAL CITY -FOR SENIOR NUTRITION PROGRAM EXHIBIT D —FEDERAL PROVISIONS 2.1..ACCESS TO itEccaps. The following access to records, requirements apply to this Agreement (a) The Contractor agrees to provide County, the. FEMA. Administrator, the Comptr011er-Gentral.ofthe.United States, or any of their authorized representatives access to any books, documents, papers,, and records of the Contractor which are directly pertinent to this Agreement for the purposes •of making audits, exattinations, excerpts, and -transcriptions. • (b) The.Cotitractor agrees to perrnit any of the foregoing parties to reproduce by any means whatsoever or to copY.excerpta 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 under the Agreement. • (d) In compliance with the Disaster Recovery Act of 20)8, the County and the Contractor acknowledge and agree that no language in thi5. Agreement is intended to prohibit audits or internal reviews by the 'FEMA Administrator or the Comptroller General of the United States. 2.2. DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND :FLAGS. The Contractor shall not use the DI:IS seal(s), logos, crests, or reproductions of flags or likenesses;ofDHS agent), offithsWithout specific FEMA pre -approval. 2.3. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS: This is an acknowledgement that FEMA financial assistance may be used to fund all or aportion of the Agreement The Contractor will 'comply with all applicable Federal •law, regulations, executive orders, FEMA policies, procedures, and directives. 2.4. NO OBLIGATION BY FEDERAL GOYFRNMNT. The federal Government is not a party to this Agreement and; is not_stibject to any obligations or liabilities to the County, Contractor, or any other:party pertaining to any matter resulting:from theAgreement. 15. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The, Contractor acknowledges that 31 'U.S.C. 'thap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions -pertaining to this Agreement. (Th COUNTY CONTRACT NUMBER 561761 'COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITSCITY OF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT C '7-PAY1VIENT SCHEDULE COMPENSATION: The. compensation listed below is not 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 Object to availability of funding 1143m, the :State-of:California, California:Department .of Aging (CDA) and can Change, annually. A completedlePort.pfactual_costs (eiosecititrepot'exPended shall. be submitted at:the-en& ofthe fiseal year. BASE PERIOD Februatv, b-2020 --June 30, 2010 Services , Proposed NUMber Of ,Service Meals, , County's Fixed - Supplemental. -Rate TOtal _ (Multiply. the # of Service Meals by the Coanty Supplemental ' Rate or Incentive Payment for the total) ContractOt''S Match, (Multiply the total by 11.11% fortotal. contracter math) Congregate Meals 25;610 i$4.96 $127,124.80 S14412367 liorne4leliveretl Meals 9,863 .. 34.76 $46,941.88 ,$5,21 5.91 ',Transportation kN4roher of proPosed ;COfigregate Meals), N/A N/A N/A N/A' InceritiVe Payrnentst (Ntunber of propose_d Congregate Meals) 25,630 - 7 $0.77 S19,735.10 . NIA theehOv.eTaPilents*i iumber drot.podd Horne, Delivered Meals) 9,863 $0,68 $,6,706.84 N/A - . - - - GRAND TPTI.W ' - $200,514.62 Sil 9;339.47 *NutritiortS,erviceOpeentive Payment (N,S1P).4cillafainoonts are citiMateS ONLY and may be adjusted based on.actual prior:year number 411100 seived. 1., Cost Reiaibutsemeat 1.1. Contractottriay be reimbursed for items -purchased under this -agreement in accordance with SOW paragraph 6.2.3 for One:ritne-Only (OTO) Funds: 1.2. OTO Funds are, based funds reeeived from the State Of California. The County cannot guarantee, the receipt ofthe funds and allexpenditures 'lutist be a-ppfaVed in advance by the County. 1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph.6.2.3. 13.1.cotifrictor.shall provide a log of purchases made during the billing period and provide,withun invoice for reirnburSement. Information provided Shall *hide: Descriptionsilitempurchased, • 1.3.-1 .2: Description of competitive measures taken to make said purchase 1.3.1.21 'Back up documentation providing competitive measures were taken. 1.3,1.3. Total Price Of item(s) put -Chased 1.3,1.4. Date of items(i) purchased City of Nationaleity Contract:#561763 , AMP 03 CONTRACT ,COUNTY CNUMBER 561763 _ COUNTY OF SAN DIEGO, HEALTH AND HUMAN SERVICES AGENCY AGREEMENT WITH Cul( QF NATIONAL CITY FOR SENIOR NUTRITION PROGRAM EXHIBIT C7PAYMENT SCHEDULE OPTION 1 - July 1. 2020 — June 30. 2021 Services •(Multiply Proposed Number -Seryice:111ls . .Cotirity's Fixed Supplemental ' Rate , • .. . _ ' Total . ! the # of 'Service Megls ;by tbe 'County Supplemental , Rate OT Incentive Payment forihe,total), . Contractor's Match (Multiply the total by , 1-.1.1f -7, -al 1% or WI PO - - ntractor match)- Congregate Meals . . , 49,972 :$5...23 '.$214,2$4.56 $23';800.90 Home -Delivered Meals 17,676 U:89 186,435,64 -, ',$9i003,00 7, Transportation '.c. Anther -of :proposed Xongregate Mears) - -,. N/A N/A - N/A N/A - • - .... _ _ __ . _. , . Ineentive:Payinetital! •;(NMnber. Of proposed '.Cortarega.te Mega) . -, -; , . - ,_ _ 40,972 _ _ , , $067 - $27,451.24 N/A, Incentive Payments* (Number of proposed Home- Deliveresi Mears) 17;676 ' $0,72 $12,726.72 N/A. i,GRAND'TOTA4.: , . • $340;897.16 $33,409'.90 *Nutrition'Services IncentivePayment (NS1P) dollaramountsare, estimates ONLY and may be adjusted based on actual pricir year number; ofineals served. Cost Reimbursement 1.1)ContraCtor nlay be reimbursed for items purchasedunder this agreement in accordance with SOW paragraph 0.2.3 for One -Time -Only (OTO) Funds. 1.2. OTO Funds are based funds received from the State of California. The County cannot guarantee the receipt of the funds and alreVenditures_must be approved in advance by the County. 1.3. Contractor shall procure County approved goods and services through ,competitive measures further defined in SOW pamgraph 6.2.3; 1.3.1.ConitaCtor 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. beseription,of item purchased 1.3.1.2. Description of comPetitive.measures taken to make said purchase 1.11,2.1. Back pp dpcumentaticn-provicling competitive measures were taken:. 1.3.1.3. Total Price ofitem(s) purchased. 1.3.1.4. bate 'of items(s) purthased. City ofNational City Contract #561763 - AMD 03 Th COUNTY CONTRACT'NUMBER 561163 COUNWOOSANDTEGO;,HEALTH AND HUMAN SERVICES AiggNCY, AGHEEMENT-W.ITH CITY OF NATIONAL CITY FOR .SENIOR NUTRITION PROGRAM EXIIIBIrC —PAYMENT SCHEDULE OPTION 2 - Jtilv-1,2021 —June30, 2022 . . • . • , Sete/ices • - Proposed :Numberof SerViceIYI. 0014 County's Fixed. iSupplemental 'Rate ' _ . . ... Total' (Multiply the-# of Service Meals by, -the Cbunty Supp.' lemental R.•ate or Incentive Payment 'forthe _total)• COatractor's Match • . (Multiply the total by - 111.11%,for total contractor match) ;COngregatedWeals, . 40912 15.23 : $214,283:50 - $.23;806.99 '.1.19.1fle40011vered_Alegb ., - 1(1;610 ' : --- , • - -- - .$4,89 . $86,43'5.64. . $9;603.00 Transportation . i(Numbeiofpropod.d - tC_911'gr.cgWls4:_ealS), , • • N/A N(A. N/A . N/A Incentive Paylgiensti* talumberOfpropOsecl .c°11€70.gitte--MOa1_0 . • 40,572. - . V.67 _ _, _ $27,451.24 • _ . _ ,. N/A __ . 11.C_en.tii,eVayments* (.N114.tn.ber.',43tnronOsedki3Orne-, Delivered Meals) . 1.1;616• • • .-S0,,,72_ ' . $12,726.72 N/A $340,897.16 S33;409.90 *Nuttition-SerViceSinCentiveTayment (NSIP) dollar afilaufits7are."estimates ONLY and may be adjusted based on actual prior year nUmberofffidaksery4 1. Cost Reimbursement 1'.1. Contractor Ana's, be reimbursed for items purchased under this agreement in accordance with SOW paragraph for One-Timeibrily (0T9) Funds. 1,2. 47Q Foncistatobasedfunds received; from the State of California. The County cannot guarantee the receipt of the fundaand,all expenditures mat he apprOvedirkadvance hytheCounty. 1.3. Contractor shall procure County approved goods and services through competitive measures further defined in SOW paragraph 6.23. 1.3.1.Coni,ractOr 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 pprehase4 Description of competitive measures takqrit,o make said purchase 1.3.1.2.I. Back up doeuinentaticitinroviding-cOinpetitive measures were taken. 1.3.13. TOO czt items(s) purchase-4 1.3.1.4. aktd:Ptitetrls(a) purehased City of National City Contract#561763 - AMO 03