May 10,2012. Approval of Amendment to the service agreement with Revolution Foods for Senior Nutrition Meal Services for FY and

Transcription

1 Lori A. Cox Agency Director Alameda County Social Services Agency AGENDA June 19,2012 Thomas L. Berkley Square 2000 San Pablo Avenue, Fourth Floor Oakland, California / Fax: May 10,2012 Honorable Board of Supervisors Administration Building Oakland, CA Dear Board Members: SUBJECT: Approval of Amendment to the service agreement with Revolution Foods for Senior Nutrition Meal Services for FY and RECOMMENDATION: To continue providing seniors with nutritious meals, it is recommended that your board: Approve and authorize an amendment to the standard services agreement (Procurement #7435, PO #10403) with: Revolution Foods, (Principal: Maureen Sedonaen, Location: Oakland, CA), increasing the current award of $118,195 by an additional $1,480,548 ($740,274 - FY : $740,274 - FY ) for a new maximum award of $1,598,743 and extend the current award period of May 1, June 30, 2012 by an additional 24 months through June 30, SUMMARYIDISCUSSION: This letter requests action by your Board to approve an amendment to the current standard services agreement with Revolution Foods. The award to Revolution Foods was one of the awards originally approved by your Board on April 3, 2012, resulting from the completed Request for Proposal (RFP) for Congregate and Home Delivered Nutrition Services for seniors for the period of May 1, 2012 through June 30, 2014.

2 Honorable Board of Supervisors May 10,2012 The approved and authorized award with Revolution Foods covered a 2-month period, from May 1,2012 through June 30, 2012 with authority for extension for two additional 12-month periods through June 30, The goal of the nutrition services RFP was to provide home delivered and congregate meals for Oakland seniors. The RFP was issued after Bay Area Community Services (BACS) informed the Alameda County Area Agency on Aging (AAA) that it was closing its kitchen operations and could no longer prepare and deliver meals for seniors. Revolution Foods is reimbursed on a per meal basis. SELECTION CRITERIA AND PROCESS: On April 3, 2012 (File #28031, Item #3) your board approved awards resulting from recommendations from the completed Request for Proposal (RFP) Nutrition Services for the time period of May 1, 2012 through June 30, 2012 with authority to renew recommended awards annually through June 30, Revolution Foods was one ofsix vendors selected to provide services. FINANCING: The funding increase of$1,480,548 for the two year FY agreement with Revolution Foods is available within the Agency's planned FY and FY budget. The AAA anticipates expending $740,274 per fiscal year. The AAA receives a yearly budget from the California Department of Aging. After receipt of that budget, the AAA determines funding levels for subcontracts. The AAA has already received the budget display for and has prepared an allocation schedule for all subcontracts that will result in no net increase in County costs. If the AAA receives a funding decrease the following year, subcontracts will be decreased accordingly. Sincerely, ~ox Agency Director Attachments: One set of five (5) Standard Agreement Amendment documents with Revolutions Foods for Board President signature. c: County Administrator County Auditor-Controller County Counsel V:\BoardLetters\2012\ Revolution Foods award Extensions (2). doc

3 FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement ("First Amendment") is made by the County of Alameda ("County") and Revolution Foods, Inc., ("Contractor") with respect to that certain agreement entered by them on July 1, 2012 (referred to herein as the "Contract") pursuant to which Contractor provides Production of meals for the Senior Nutrition Services services to County. County and Contractor agree as follows: 1. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects: 2. Except as otherwise stated in this First Amendment, the terms and provisions of this Amendment will be effective as of the date this First Amendment is executed by the County (July 1,2012). 4. In consideration for Contractor's additional services, the County shall pay Contractor in an additional amount not to exceed One Million four hundred eighty thousand and five hundred forty eight dollars ($ 1,480,548 ). As a result of these additional services the not to exceed amount has increased from One hundred eighteen thousand and one hundred ninety five dollars ($_118,195~ to One Million five hundred ninety eight thousand and seven hundred forty three dollars ($ 1,598,743~ over the term of the Agreement and any amendments.

4 5. Exhibit B, Payment Tenns, is to be remained the same. 6. DEBARMENT AND SUSPENSION CERTIFICATION: a. By signing this First Amendment and Exhibit F, Debannent and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debannent regulations, including but not limited to 7 Code of Federal Regulations (CFR) , 28 CFR 66.35, 29 CFR 97.35,34 CFR 80.35, 45 CFR and Executive Order b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntary excluded by any federal department or agency; (2) Shall not knowingly enter into any covered transaction with a person who is proposed for debannent under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction. 7. Except as expressly modified by this First Amendment, all of the tenns and conditions of the Contract are and remain in full force and effect.

5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement as of the day and year first above written. COUNTY OF ALANIEDA CONTRACTOR/COMPANY NA1v1E By: Signature _ BY:~~ Signature Name: (Printed) Name: ~aureen Sedonaen._ (Printed) Title: President of the Board of Supervisors Title: Regional Vice President _ Approved as to Form: By: County Counsel Signature _ By signing above, signatory warrants and represents that he/she executed this Agreement in hislher authorized capacity and that by hislher signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Allreement

6 EXHIBIT D COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Ifthere are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessary result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification. CONTRACTOR: Revolution Foods, Inc. _ PRINCIPAL: Maureen Sedonaen TITLE: _Regional Vice President SIGNATURE:~.J.--J--- 4 DATE: r-;:~ I '

7 EXHmITE COUNTY OF ALAMEDA CONTRACT COMPLIANCE REPORTING REQUIREMENTS Upon receipt of signed amendment, prime contractor shall, even if not required in the original contract and any subsequent amendments, immediately enter/assign subcontractors in the System, confirm payments received from the County within 5 business days in the System, immediately enter payments made to subcontractors and ensure that subcontractors confirm they received payments within 5 business days in the System. Subcontractors shall confirm their payments received from the prime contractor within 5 business days in the System. Alameda County Contract Compliance System training and ongoing support are provided at no charge to contractors and participating sub-contractors awarded a County contract. Contractors having contracts with the County should schedule a representative from their office/company, along with each of their subcontractors, to attend training. The training schedule may be viewed online at l.htm or call Elation Systems at (510) A special access code will be provided to contractors and subcontractors participating in this contract to allow use of the System free of charge. It is the Contractor's responsibility to ensure that they and their subcontractors are registered and trained as required to utilize the Alameda County Contract Compliance System. Training sessions are approximately one hour and will be held periodically in a number of locations throughout Alameda County.

8 EXHIBITF COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000). The contractor, under penalty of perjury, certifies that, except as noted below, the contractor, its principals, and any named and unnamed subcontractor: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. If there are any exceptions to this certification, insert the exceptions in the following space or attach an additional page. Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the contracting process. By signing this contract and Exhibit F, Debarment and Suspension Certification, the Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) , 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR and Executive Order CONTRACTOR: Revolution Foods, Inc. _ PRINCIPAL: Maureen Sedonaen TITLE: _Regional Vice President DATE: s;1/ JI d-o' l... 4/22/09