ELDERLY NUTRITION PROGRAM (ENP)
SUBAWARD NUMBER ENP202102
SUBAWARD PERIOD JULY 2020 – JUNE 2023
AMENDMENT TEN
This Amendment is made and entered into by and between
COUNTY OF LOS ANGELES THROUGH ITS DEPARTMENT OF
WORKFORCE DEVELOPMENT, AGING AND COMMUNITY SERVICES
(“County” or “WDACS”)
County’s Business Address
510 South Vermont Avenue, 11th Floor
Los Angeles, CA 90020
and
CITY OF BURBANK
(“Contractor” or “Subrecipient”)
Subrecipient’s Business Address
1301 West Olive Avenue
Burbank, CA 91506
WHEREAS, reference is made to that certain document originally entitled “Elderly Nutrition Program (ENP) Subaward Number ENP202102 Subaward Period July 2020 – June 2021” dated July 1, 2020, which is renamed as “Elderly Nutrition Program (ENP) Subaward Number ENP202102 Subaward Period July 2020 – June 2023”, and the Amendments thereto (hereafter collectively referred to as “Contract” or “Subaward”); and WHEREAS, the parties hereto have previously entered into the above referenced Subaward for the purpose of providing Elderly Nutrition Program (ENP) Services, which include serving congregate meals and home-delivered meals as well as conducting telephone reassurance to the older adult population in Los Angeles County (excluding the City of Los Angeles); and
WHEREAS, County and Subrecipient recognize and agree that specific terms (including, but not limited to, Contract, Subaward, Contrac tor, Subrecipient, Subcontract, Lower Tier Subaward, Subcontractor and Lower Tier Subrecipient) are used interchangeably throughout this Amendment in order to comply with Federal, State, and County regulations; and
WHEREAS, Subrecipient acknowledges that on July 1, 2022, County of Los Angeles Department of Aging and Disabilities (AD) will be the successor and administrating agency to this Agreement.
ATTACHMENT 2
Elderly Nutrition Program
Subaward Number ENP202102
Amendment Ten Page 2
WHEREAS, it is the intent of the parties to amend this Subaward to extend the term of the Subaward for one (1) year commencing on July 1, 2022 through June 30, 2023; and WHEREAS, it is the intent of the parties to also amend this Subaward to increase the unit rates for the contracted ENP Services, which are listed in the Fiscal Year 2022-23 Baseline Funding Allocation for Elderly Nutrition Program Services Letter, in response to Subrecipient’s increased operational costs; and
WHEREAS, it is the intent of the parties to also amend this Subaward to allocate Older Americans Act (OAA) Title III B (Supportive Services and Senior Centers) original baseline funding in the amount of $1,000, which shall be reimbursed to Subrecipient in exchange for additional defined and contracted ENP Title III B Services as specified herein to be provided by Subrecipient during Fiscal Year 2022-23; and
WHEREAS, it is the intent of the parties to also amend this Subaward to allocate OAA Title III C-1 (Nutrition Services) original baseline funding in the amount of $271,000, which shall be reimbursed to Subrecipient in exchange for additional defined and contracted ENP Congregate Meal Services as specified herein to be provided by Subrecipient during Fiscal Year 2022-23; and
WHEREAS, it is the intent of the parties to also amend this Subaward to allocate OAA Title III C-2 (Nutrition Services) original baseline funding in the amount of $312,000, which shall be reimbursed to Subrecipient in exchange for additional defined and contracted ENP Home-Delivered Meal Services as specified herein to be provided by Subrecipient during Fiscal Year 2022-23; and
WHEREAS, it is the intent of the parties to also amend this Subaward to provide for the other changes set forth herein; and
WHEREAS, the Subaward provides that changes to its terms may be made in the form of a written Amendment, which is formally approved and executed by the parties.
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. This Amendment shall commence on July 1, 2022, or upon execution by all parties, whichever occurs later.
II. The title of this Subaward shall be deleted in its entirety and replaced as follows:
Elderly Nutrition Program (ENP) Subaward Number ENP202102 Subaward Period July 2020 – June 2023
III. Subparagraph 4.2.2 is added as follows:
Elderly Nutrition Program
Subaward Number ENP202102
Amendment Ten Page 3
4.2.2 The term of this Subaward shall be extended for one (1) year commencing on July 1, 2022 through June 30, 2023, unless sooner terminated or extended, in whole or in part, as provided in this Subaward.
IV. Subparagraph 5.1.5 is added as follows:
5.1.5 Subaward Sum Year 3 Funding Source(s)
5.1.5.1 The Subaward Sum Year 3 for this Subaward is comprised of monies which are identified by the funding source(s) or governing statute(s) listed below. The funding source(s) and governing statute(s) authorize County to use these monies to provide Program Services.
5.1.5.2 Older Americans Act (OAA) Title III B (Supportive Services and Senior Centers) original baseline funds
5.1.5.2.1 Subaward Sum: $1,000
5.1.5.2.2 Service Area: Supervisorial District 5
5.1.5.2.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.2.4 Allocation Letter: Fiscal Year 2022-23 Baseline Funding Allocation for Elderly Nutrition Program
Services
5.1.5.3 OAA Title III C-1 (Nutrition Services) original baseline funds
5.1.5.3.1 Subaward Sum: $271,000
5.1.5.3.2 Service Area: Supervisorial District 5
5.1.5.3.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.3.4 Allocation Letter: Fiscal Year 2022-23 Baseline Funding Allocation for Elderly Nutrition Program
Services
5.1.5.4 OAA Title III C-2 (Nutrition Services) original baseline funds
5.1.5.4.1 Subaward Sum: $312,000
Elderly Nutrition Program
Subaward Number ENP202102
Amendment Ten Page 4
5.1.5.4.2 Service Area: Supervisorial District 5
5.1.5.4.3 Period of Performance: July 1, 2022 – June 30, 2023 (consistent with California Department of
Aging contract number AP-2223-19)
5.1.5.4.4 Allocation Letter: Fiscal Year 2022-23 Baseline Funding Allocation for Elderly Nutrition Program
Services
V. Subparagraph 5.10.4 is deleted in its entirety and replaced as follows:
5.10.4 Federal Award Identification Number (FAIN)
5.10.4.1 July 1, 2020 – June 30, 2021: 2001CAOASS-00;
2001CAOACM-00; 2001CAOAHD-00; 2001CAOANS-00;
2001CACMC2-00; 2001CAHDC2-00; 2001CAHDC3-00;
SLT0198; 2001CASSC3-00; 2001CAFCC3-00
5.10.4.2 July 1, 2021 – June 30, 2022: 2101CAOASS-01;
2101CAOACM-01; 2101CAOAHD-01; 2101CAOANS-01;
2001CAHDC2-00; 2001CAHDC3-00; 2001CASSC3-00;
2001CAFCC3-00; 2101CASSC6-00
5.10.4.3 July 1, 2022 – June 30, 2023: 2201CAOASS-01; 2201CAOACM- 01; 22001CAOAHD-01; 2201CAOANS-01
VI. Subparagraph 5.10.5 is deleted in its entirety and replaced as follows:
5.10.5 Federal Award Dates
5.10.5.1 July 1, 2020
5.10.5.2 July 1, 2021
5.10.5.3 July 1, 2022
VII. Subparagraph 5.10.6 is deleted in its entirety and replaced as follows:
5.10.6 Subaward Period of Performance Start and End Dates
5.10.6.1 July 1, 2020 – June 30, 2021
5.10.6.2 July 1, 2021 – June 30, 2022
5.10.6.3 July 1, 2022 – June 30, 2023
Elderly Nutrition Program
Subaward Number ENP202102
Amendment Ten Page 5
VIII. Subparagraph 5.10.7 is deleted in its entirety and replaced as follows:
5.10.7 Amount of Federal Funds Obligated by this Action:
5.10.7.1 Original Subaward: $395,000
5.10.7.2 Amendment One: $172,000
5.10.7.2.1 Federal CARES Act Funds: $106,000
5.10.7.2.2 CDA CARES Act Funds: $66,000
5.10.7.3 Amendment Two: $74,000
5.10.7.4 Amendment Three: $11,000
5.10.7.5 Amendment Four: $190,000
5.10.7.5.1 Additional CDA CARES Act Funds: $136,000
5.10.7.5.2 FY 2019-20 FFCRA Carryover Funds: $54,000
5.10.7.6 Amendment Five: $408,000
5.10.7.7 Amendment Six: $188,381
5.10.7.7.1 FY 2020-21 FFCRA Reallocation Funds:
$10,190
5.10.7.7.2 FY 2020-21 CDA CARES Act Reallocation
Funds: $178,191
5.10.7.8 Amendment Seven: $0
5.10.7.9 Amendment Eight: $33,000
5.10.7.10 Amendment Nine: $160,000
5.10.7.11 Amendment Ten: $584,000
IX. Subparagraph 5.10.8 is deleted in its entirety and replaced as follows:
5.10.8 Total Amount of Federal Funds Obligated to Subrecipient (Subaward Sum):
5.10.8.1 Subaward Sum Year 1: $842,000
Elderly Nutrition Program
Subaward Number ENP202102
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5.10.8.2 Subaward Sum Year 2: $789,381
5.10.8.3 Subaward Sum Year 3: $584,000
X. Subparagraph 5.10.9 is deleted in its entirety and replaced as follows:
5.10.9 Total Amount of Federal Award (Maximum Subaward Sum): $2,027,000 (FY 2020-21 Reallocation funds excluded)
XI. Subparagraph 5.10.10 is deleted in its entirety and replaced as follows:
5.10.10 Federal Award Project Description
5.10.10.1 July 1, 2020 - June 30, 2021: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L and NSIP C1 NC1L; Federal Title IIIC2 3C2L and NSIP C2 NC2L; Federal Title IIIC1 CRCM; Federal Title IIIC2 CRHD; CARES Title IIIC2 HDC3; CARES Title IIIB
SSC3; and CARES Title IIIE FCC3
5.10.10.2 July 1, 2021 – June 30, 2022: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L and NSIP C1 NC1L; Federal Title IIIC2 3C2L and NSIP C2 NC2L; Federal Title IIIC2 CRHD; CARES Title IIIC2 HDC3; CARES Title IIIB SSC3; CARES Title IIIE FCC3; and ARP Title IIIB ARBL
5.10.10.3 July 1, 2022 – June 30, 2023: Federal Title IIIB 3BSL; Federal Title IIIC1 3C1L and NSIP C1 NC1L; Federal Title IIIC2 3C2L and NSIP C2 NC2L
XII. Subparagraph 8.59 ( COVID-19 Vaccinations of Subrecipient Personnel) is deleted in its entirety and replaced as follows:
8.59 INJURY AND ILLNESS PREVENTION PROGRAM
8.59 .1 Subrecipient will be requir ed to comply with the State of California’s Cal OSHA’s regulations. California Code of Regulations Title 8 Section 3203 requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
XIII. Subparagraph 8.60 (COVID-19 Vaccinations of County Contractor Personnel) is added as follows:
8.60 COVID-19 VACCINATIONS OF COUNTY CONTRACTOR
PERSONNEL
Elderly Nutrition Program
Subaward Number ENP202102
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8.60.1 At Subrecipient’s (that is, “Contractor’s”) sole cost, Contractor must comply with Chapter 2.212 (COVID-19 Vaccinations of County Contractor Personnel) of County Code Title 2 -
Administration, Division 4. All employees of Contractor’s and persons working on its behalf, including but not limited to, Subcontractors of any tier (collectively, “Contractor
Personnel”), must be fully vaccinated against the novel coronavirus 2019 (“COVID -19”) prior to (1) interactin g in person with County employees, interns, volunteers, and
commissioners ("County workforce members"), (2) working on County owned or controlled property while performing services under this Subaward (that is, “Contract”), and/or (3) coming into contact with the public while performing services under this Contract (collectively, “In-Person Services”).
8.60.2 Contractor Personnel are considered “fully vaccinated” against COVID-19 two (2) weeks or more after they have
received (1) the second dose in a 2-dose COVID-19 vaccine series (e.g., Pfizer-BioNTech or Moderna), (2) a single-dose COVID-19 vaccine (e.g. Johnson and Johnson
[J&J]/Janssen), or (3) the final dose of any COVID-19 vaccine authorized by the World Health Organization ("WHO").
8.60.3 Prior to assigning Contracto r Personnel to perform In-Person Services, Contractor must obtai n proof that such Contractor Personnel have been fully vaccinated by confirming
Contractor Personnel is vaccinated through any of the
following documentation:
8.60.3.1 Official COVID-19 Vaccination Record Card
(issued by the Department of Health and Human
Services, CDC or WHO Yellow Card), which
includes the name of the person vaccinated,
type of vaccine provided, and date of the last
dose administered ("Vaccination Record Card");
8.60.3.2 Copy (including a photographic copy) of a
Vaccination Record Card;
8.60.3.3 Documentation of vaccination from a licensed
medical provider;
8.60.3.4 A digital record that includes a quick response ("QR") code that when scanned by a SMART
HealthCard reader displays to the reader client
name, date of birth, vaccine dates, and vaccine
Elderly Nutrition Program
Subaward Number ENP202102
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type, and the QR code confirms the vaccine
record as an official record of the State of
California; or
8.60.3.5 Documentation of vaccination from Contractors
who follow the CDPH vaccination records
guidelines and standards.
8.60.4 Contractor must also provide written notice to County before the start of work under this Contract that its Contractor Personnel are in compliance with the requirements of
Subparagraph 8.60.3. Contractor must retain such proof of vaccination for the document retention period set forth in this Contract, and must provide such records to the County for audit purposes, when required by County.
8.60.5 Contractor will evaluate any medical or sincerely held religious exemption request of its Contractor Personnel, as required by law. If Contractor has determined that Contractor Personnel is exempt pursuant to a medical or sincerely held religious reason, Contractor must also maintain records of the Contractor Personnel’s testing results. Contractor must provide such records to the County for audit purposes, when required by County. The unvaccinated exempt Contractor
Personnel must meet the follow ing requirements prior to (1) interacting in person with County workforce members, (2) working on County owned or controlled property while
performing services under this Contract, and/or (3) coming into contact with the public while performing services under this Contract:
8.60.5.1 Test for COVID-19 with either a polymerase
chain reaction (PCR) or antigen test has an
Emergency Use Authorization (EUA) by the
FDA or is operating per the Laboratory
Developed Test requirements by the U.S.
Centers for Medicare and Medicaid Services.
Testing must occur at least weekly, or more
frequently as required by County or other
applicable law, regulation or order.
8.60.5.2 Wear a mask that is consistent with CDC
recommendations at all times while on County
controlled or owned property, and while
engaging with members of the public and
County workforce members.
Elderly Nutrition Program
Subaward Number ENP202102
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8.60.5.3 Engage in proper physical distancing, as
determined by the applicable County
department that the Contract is with.
8.60.6 In addition to complying with the requirements of this Subparagraph 8.60, Contractor must also comply with all other applicable local, departmental, State, and federal laws, regulations, and requirements for COVID-19. A completed Exhibit FF (COVID-19 Vaccination Certification of Compliance) is a required part of any agreement with County.
XIV. Subparagraph 9.25 is added as follows:
9.25 INTENTIONALLY OMITTED
XV. Paragraph 10.0 (Survival) is added as follows:
10.0 SURVIVAL
10.1 In addition to any terms and conditions of this Subaward that expressly survive expiration or termination of this Subaward by their terms, the following provisions shall survive the expiration or termination of this Subaward for any reason:
Paragraph 1 (Applicable Documents)
Paragraph 2 (Definitions and Headings)
Paragraph 3 (Work)
Subparagraph 5.4 (No Payment for Services Provided
Following Expiration or Termination of Subaward)
Subparagraph 7.6 (Confidentiality)
Subparagraph 8.1 (Amendments)
Subparagraph 8.2 (Assignment and Delegation/Mergers or
Acquisitions)
Subparagraph 8.6.2 (of Subparagraph 8.6, Compliance
with Applicable Laws)
Subparagraph 8.19 (Fair Labor Standards)
Subparagraph 8.20 (Force Majeure)
Elderly Nutrition Program
Subaward Number ENP202102
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Subparagraph 8.21 (Governing Law, Jurisdiction, and
Venue)
Subparagraph 8.23 (Indemnification)
Subparagraph 8.24 (General Provisions for all Insurance Coverage)
Subparagraph 8.25 (Insurance Coverage)
Subparagraph 8.26 (Liquidated Damages)
Subparagraph 8.34 (Notices)
Subparagraph 8.38 (Record Retention and Inspection and
Audit Settlement)
Subparagraph 8.42 (Termination for Convenience)
Subparagraph 8.43 (Termination for Default)
Subparagraph 8.48 (Validity)
Subparagraph 8.49 (Wavier)
Subparagraph 8.58 (Prohibition from Participation in Future Solicitation(s))
Subparagraph 9.11 (Ownership of Materials, Software and Copyright)
Subparagraph 9.12 (Patent, Copyright and Trade Secret
Indemnification)
Paragraph 10 (Survival)
XVI. “Exhibit E (County’s Administration)” for FY 2022-23 is added as an addendum to “Exhibit E (County’s Administration)”, and is incorporated herein by reference.
XVII. “Exhibit F (Subrecipient’s Administration)” for FY 2022 -23 is added as an addendum to “Exhibit F (Subrecipient’s Administration)”, and is incorporated herein by reference.
XVIII. “Exhibit O (Charitable Contributions Certificate)” for FY 2022 -23 is added as an addendum to “Exhibit O (Charitable Contributions Certificate)”, and is incorporated herein by reference.
XIX. “Exhibit R (Joint Funding Revenue Disclosure)” for FY 2022 -23 is added as an addendum to “Exhibit R (Joint Funding Revenue Disclosure)”, and is incorporated herein by reference.
Elderly Nutrition Program
Subaward Number ENP202102
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XX. “Exhibit W1 (Budget) Amendment 10 {FY 2022-23 Baseline Funding}” is added, is an addendum to "Exhibit W1 (Budget)", and is incorporated herein by reference.
XXI. “Exhibit W2 (Budget) Amendment 10 {FY 2022- 23 Baseline Funding}” is added, is an addendum to "Exhibit W2 (Budget)", and is incorporated herein by reference.
XXII. “Exhibit W3 (Budget) Amendment 10 {FY 2022- 23 Baseline Funding}” is added, is an addendum to "Exhibit W3 (Budget)", and is incorporated herein by reference.
XXIII. “Exhibit X1 (Mandated Program Services) Amendment 10 {FY 2022-23 Baseline Funding}” is added, is an addendum to "Exhibit X1 (Mandated Program Service )”, and is incorporated herein by reference.
XXIV. “Exhibit X2 (Mandated Program Services) Amendment 10 {FY 2022-23 Baseline Funding}” is added, is an addendum to "Exhibit X2 (Mandated Program Services)”, and is incorporated herein by reference.
XXV. “Exhibit X3 (Mandated Program Services) Amendment 10 {FY 2022-23 Baseline Funding}” is added, is an addendum to "Exhibit X3 (Mandated Program Services)”, and is incorporated herein by reference.
XXVI. “Exhibit Y (List of Lower Tier Subawards)” for FY 2022 -23 is added as an addendum to “Exhibit Y (List of Lower Tier Subawards)”, and is incorporated herein by reference.
XXVII. The "Fiscal Year 2022-23 Baseline Funding Allocation for Elderly Nutrition Program Services" funding allocation letter is incorporated herein by reference.
All other terms and conditions of the Subaward shall remain in full force and effect. //
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IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Amendment Ten to be subscribed on its behalf by the Acting Director of Workforce Development, Aging and Community Services, and the Subrecipient has subscribed the same through its Authorized Representative. The Au thorized Representative(s) signing on behalf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Subrecipient.
COUNTY OF LOS ANGELES
By
Otto Solórzano, Acting Director Date
County of Los Angeles
Workforce Development, Aging
and Community Services
SUBRECIPIENT
City of Burbank
Subrecipient’s Legal Name
ENP202102
Subaward Number
By
Na me of Authorized Date
Representative
Title
Approved as to Form:
Signat ure
OFFICE OF COUNTY COUNSEL
Dawyn R. Harrison, Acting County Counsel
B y
Name of Authorized Representative Date
By for
Lawrence M. Green
Senior Deputy County Counsel
Title
Signature
Justin Hess
Jun 15, 2022Justin Hess