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HomeMy WebLinkAboutE-3 Staff Report - Amendment 2 to Bateman DBA Trio AgreementCONSENT ITEM E-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: MARCH 1, 2021 SUBJECT: APPROVE AMENDMENT NO. TWO TO AGREEMENT WITH BATEMAN DBA TRIO COMMUNITY MEALS FOR ELDERLY NUTRITION CATERING PROGRAM AT THE SENIOR CENTER BACKGROUND: Since 1978, the City has provided senior meals to elderly residents of the community. The Elderly Nutrition Program is partly funded with federal dollars for the Los Angeles County Area Agency on Aging, which administers the program. On July 18, 2016, the City Council approved an agreement with Bateman DBA Trio Community Meals to provide those meals through June 30, 2020 for an annual contract amount not to exceed $124,270. On June 15, 2020, the City Council approved Amendment No. One increasing the annual contract amount and adding one additional year through June 30, 2021. Due to COVID19 additional meals for elderly residents have been and will continue to be provided. Based on the addition of those meals, additional funds are needed in the current fiscal year and the blanket purchase order needs to be increased. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Approve Amendment No. Two to Agreement with Bateman DBA Trio Community Meals; and 2)Authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney; and 3)Approve necessary budget amendment(s) and adjust the current fiscal year budget and blanket purchase order accordingly. APPROVED CITY COUNCIL 3/1/2021 Bateman DBA Trio Community Meals Amendment No. Two March 1, 2021 Page 2 ANALYSIS: The Azusa Senior Center Elderly Nutrition Program caters to over 400 individuals and serves over 39,000 meals annually to the elderly of the community. The Elderly Nutrition Program is an integral part of the services the Azusa Senior Center offers to residents through the provision of a nutritious lunch. Because of COVID19, seniors have been unable to come to the Senior Center to receive meals and many seniors have not been consistently able to get out for groceries, therefore, the number of requested meals has increased significantly. Almost 3,700 meals, the majority of which were typically served at the Senior Center, have been being delivered since the onset of COVID19. This is an increase of over 400 meals per month over the same month last year. Since it is anticipated the Senior Center will remain closed for the immediate future, additional funds for the elderly nutrition catering program are being requested. Additional funding from the Los Angeles County Area Agency on Aging has been awarded to offset these costs. This Amendment increases the annual not to exceed contract amount to $225,000 for FY 20/21. FISCAL IMPACT: The City received a sub-award in the amount of $177,000 for FY20/21, from the Los Angeles County Area Agency on Aging. Additional funding in the amount of $136,000 has been awarded due to COVID19. Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) Amendment No. Two to Agreement with Bateman DBA Trio Community Meals 1 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF AZUSA AND BATEMAN DBA TRIO COMMUNITY MEALS FOR ELDERLY NUTRITION PROGRAM MEAL SERVICES ARTICLE 1. PARTIES AND DATE This second amendment to the Elderly Nutrition Program Meal Services Agreement (“First Amendment”) is entered this 1st day of March, 2021, by and between the City of Azusa (“City”) and Bateman DBA Trio Community Meals (“Contractor”). ARTICLE 2. RECITALS 2.1 WHEREAS, the City and the County of Los Angeles, hereinafter referred to as the County, entered into a County Agreement which authorizes the City to provide elderly nutrition program services; and 2.2 WHEREAS, the aforesaid County Agreement provides that the City may subcontract for certain professional services; and 2.3 WHEREAS, the City and the Contractor entered into an Agreement for provision of elderly nutrition program meal services which expires June 30, 2021; and 2.4 WHEREAS, due to COVID19, additional elderly nutrition program meals were required during FY20-21 in order to address the needs of Azusa’s seniors; and 2.5 WHEREAS, Section 7 of the Agreement requires any changes to the Agreement to be formalized by an amendment executed by both parties; and 2.6 WHEREAS, the City and the Contractor have mutually agreed to increase the total annual compensation to accommodate the aforementioned items; and NOW, THEREFORE, THE PARTIES DO HEREBY AGREE TO THE FOLLOWING: 1. 3. Compensation to the Contractor. Section 3 is hereby replaced, in its entirety, with the following: 3 Compensation to the Contractor. The City shall pay to the Contractor an annual amount not to exceed $225,000 for complete and satisfactory performance of the terms of this Agreement. The Contractor shall be paid for providing services as set forth in Attachment 1. Payment shall be made on a monthly basis. Price per meal Attachment 1 2 C-1 = $3.30 per meal C-2 = $3.40 per meal Frozen = $3.75 per meal 2. Continuing Effect of Agreement: Except as amended by the First and Second Amendments, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by the First and Second Amendments. 3. Adequate Consideration: The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment. 4. Counterparts: This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON NEXT PAGE 3 IN WITNESS WHEREOF, City and Contractor have executed this First Amendment as of the date first written above. CITY OF AZUSA BATEMAN DBA TRIO COMMUNITY MEALS By: By: Sergio Gonzalez City Manager Attest: By: Jeffrey Lawrence Cornejo, Jr. City Clerk Approved as to Form: By: Best Best & Krieger LLP City Attorney