SCOTTSDALE CONTRACT AMEND 1 2014-2015.PDF
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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.