SCOTTSDALE CONTRACT AMEND 1 2014-2015.PDF

Maricopa County — Formal (2015-01-21)

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Contract No. C-22-15-027-3-01 Amendment 1
AMENDMENT
TO THE AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
SCOTTSDALE UNIFIED SCHOOL DISTRICT
I. The purpose of Amendment No. 1 is to address the following items:
A. Remove Section IV Compensation in its entirety and replace with the revised Section IV
Compensation that will:
1. Increase the number of service delivery sites: First Presbyterian Church, House of Refuge,
Westside Generational Center, Compadre, Guadalupe Community Development Center,
and Care Partnership.
Delivery to these sites was previously awarded by Office of Procurement under
Bid#PQ15001. Pursuant to Bid termination effective December 19, 2014, Scottsdale Unified
School District shall increase the number of service delivery sites.
2. Increase the number of Child meals to 49,074 and the number of Adult meals to 8,148 to
include those previously provided by terminated Bid #PQ150001.
B. Increase the Agreement Reimbursement amount by $106,244 from $23,879 to a not-to exceed
amount of $130,123.
II. Amendment effective date is January 5, 2015 and shall expire on June 30, 2015.
III. The foregoing paragraphs contain all the changes to the Agreement. All other terms and conditions of the
original Agreement as amended remain the same and are in full force and effect.
The parties to this agreement acknowledge that they are aware that the civil services division of the Maricopa
County Attorney’s Office (civil division) may be chosen as the Attorney for other Parties to this agreement, and
the signing Party acknowledges that it is aware of a potential conflict of interest, and it waives any claim of conflict
of interest, which may arise by virtue of civil division’s representation of other parties to this agreement.
This Amendment contains all the terms and conditions agreed to by the Parties. No other understanding, oral or
otherwise, regarding the subject matter of the Agreement shall be deemed to exist or to bind any Party hereto.
Nothing in the Agreement shall be construed as consent to any lawsuit or waiver of any defense in a lawsuit
brought against the State of Arizona, County, or the District in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
DISTRICT MARICOPA COUNTY
______________________________________
_____________________________________
Authorized Signature
Chairman, Board of Supervisors
_____________________________________
______________________________________
DATE
DATE

Contract No. C-22-15-027-3-01 Amendment 1
Attested to:
______________________________________
Clerk, Board of Supervisors
______________________________________
DATE
In accordance with A.R.S. §§ 11-201, 11-251 AND 11-952 this Amendment has been reviewed by the undersigned
Deputy County Attorney who has determined that this amendment is proper in form and within the power and
authority granted under the laws of the state of Arizona.
APPROVED AS TO FORM:
Deputy County Attorney
_______________________________
DATE

Contract No. C-22-15-027-3-01 Amendment 1
Section IV Compensation Page 1
A. OBJECTIVE
To provide meals and snacks that are high in nutrients and low in fat, sugar, and salt for children and adults,
in compliance with the CACFP MEAL PATTERN REQUIREMENTS FOR CHILDREN as defined in
the Agreement’s Work Statement. All meals are child size and priced according to child rates.
B. COMPENSATION
Funding for this Agreement is through Federal Funding Awards from the Department of Human Services
Head Start (HS), Early Head Start (EHS) grants, which provide funds through the Catalog of Federal
Domestic Assistance (CFDA) number 93.600.
This Agreement is a vendor agreement. Payments may only be made after the District submits a monthly
invoice and back-up documentation to substantiate the District’s expenditures.
C. REIMBURSEMENT
1. Effective October 1, 2014 through June 30, 2015, Contractor will be reimbursed according to the
fee schedule below:
2. The Agreement maximum for all services, provided during the term of this agreement shall be
one hundred and thirty thousand and one hundred and twenty three ($130,123).
3. Public law 110-134 of the Improving Head Start for School Readiness Act of 2007 makes any
child enrolled in Head Start automatically eligible for free meals without further application or
eligibility determination and also amends sections 9(b)(12)(A)(iii) and 17(c)(5) of the National
School Lunch Act (NSLA) to correspond with the new eligibility criteria. Therefore, the District
will not bill the Department for any children’s meals who are enrolled in on-site campuses
participating in the National School Breakfast and Lunch programs.
4. Subject to the availability of funds, the Department shall reimburse the District for provision of
services under this Agreement up to the maximum total reimbursement of the Agreement Amount.
5. Claims in excess of this amount necessitate a Change Order or a formal Amendment as specified in
the Amendments clause of the General Provisions of this Agreement.
6. Meals delivered or served that have been determined not to meet the minimum standards or
requirements of this Agreement will not be paid for by the Department.
7. The Director shall be sole determiner of the availability of funds.

Contract No. C-22-15-027-3-01 Amendment 1
Section IV Compensation Page 2
Meals and Costs
Child Meals and Costs
Total CHILD
Meals Provided to CHILD Meals Total Costs
Department by Paid for by Unit Price Paid by
District Department CHILD Department
Breakfast 16,358 16,358 $2.25 $36,805.50
Lunch 16,358 16,358 $3.00 $49,074.00
Snack 16,358 16,358 $1.45 $23,719.10
TOTAL 49,074 49,074 n/a $109,598.60
Adult Meals and Costs
Total ADULT
Meals Provided to ADULT Meals Total Costs
Department by Paid for by Unit Price Paid by
District Department ADULT Department
Breakfast 2,716 2,716 $2.50 $6,790
Lunch 2,716 2,716 $3.25 $8,827
Snack 2,716 2,716 $1.45 3,938
TOTAL 8,148 8,148 n/a $19,555.20
Delivery Charges
EARLY HEAD START SITE Days Delivery Total
Charge
House of Refuge 97 $10 $970.00
Total $970.00
FOOD CONTRACT TOTALS
Head Start Meals $109,598.60
Adult Meals $19,555.20
Delivery Charges $970.00
GRAND TOTAL $130,123.80
Sites to be served by Scottsdale SD for Food Contract
SITE HS EHS # CHILDREN # OF ADULTS
FPC X 8 2
FPC X 20 3
HOUSE OF REFUGE X 8 2
WESTSIDE GEN. X 20 3
WESTSIDE GEN X 16 4
COMPADRE 1 + 2 X 16 4
GUAD CDC X 32 3
GUAD CDC X 8 2

Contract No. C-22-15-027-3-01 Amendment 1
Section IV Compensation Page 3
CARE PARTNERSHIP X 8 2
PAIUTE X 34 3
TOTAL 170 28
D. METHOD OF PAYMENT
1. On or before the fifth (5th) working day of the month following the month, or portion thereof,
that the District performs under this Agreement, the District shall email to the Head Start
Accountant an itemized billing statement of the daily meals delivered.
Monthly reports and supporting documentation shall be submitted to:
Maricopa County Human Services Department
Finance Office, Head Start Accountant
Robert Herne: herner@mail.maricopa.gov
Sherri Shepard: shepards@mail.maricopa.gov
2. Subject to the availability of funds, the Department will, within twenty (20) working days from the
date of receipt of the documents enumerated herein, process and remit to the Contractor, a warrant
for payment up to the maximum total allowable for the previous month of service provision or
work performance.
3. Should there be a disallowance in the claim; the claim shall be processed for the reduced amount.
If the District protests the amount or the reason for a disallowance, the protest shall be construed
as a dispute concerning a question of fact within the meaning of the "Disputes" clause of the
General Provisions of this Agreement.
4. The District understands and agrees that the Department may not honor any claim for payment
submitted after the fifth (5th) working day of the month following the Agreement termination date.
5. The District understands that this is a multiple source funded cost reimbursement Agreement, and
as such, all incurred costs must be documented and allocated to the appropriate cost objective as
indicated in the Operating Budget contained in this section.
E. PAYMENT RECOUPMENT
The Department shall initiate payment recoupment process if program monitoring or quality assurance
review result in any findings:
1. Contract services have been reported inaccurately or are found to be unsubstantiated.
2. Contractor’s financial records and backup documentation do not substantiate that funds were
used to perform agreement services as specified in the Work Statement.
3. If the Contractor is in material default in the performance of any material obligation under this
Contract, or if audit exceptions are identified.
The Department will either adjust the payment amount or will withhold payment until satisfactory resolution
of the default or exceptions are made.
F. DISCLOSURE OF FRAUD OR MISCONDUCT
Contractor shall promptly refer to the HHS Office of Inspector General any credible evidence that a
principal, employee, agent, contractor, subcontractor, or other person has submitted a false claim under
the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of

Contract No. C-22-15-027-3-01 Amendment 1
Section IV Compensation Page 4
interest, bribery, gratuity, or similar misconduct involving those funds. The HHS Office of Inspector
General can be reached at http://www.oig/hhs.gov/fraud/hotline.