Agreement No. Resolution No. 077217
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
PACIFICA RESOURCE CENTER
This Agreement is entered into this 28th day of January 2020, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called "County," and Pacifica Resource Center, hereinafter called "Contractor."
* * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of increasing the capacity and infrastructure for grocery rescue and redistribution as part of the Edible Food Recovery Program as required under CA SB 1383.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A-Services
Exhibit 8-Payments and.Rates
2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.
3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit 8. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County's total fiscal obligation under this Agreement exceed two hundred nineteen thousand one hundred sixty-three dollars �219, 163.00).
0 In the event that the County makes any advance
payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.
4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from January 28, 2020, through June 30, 2022.
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Exhibit A: Agreement Between the County of San Mateo and Pacifica Resource Center
ATTACHMENT 1
County of San Mateo
Contract Amendment Coversheet and Contract Amendment for >$200K
CONTRACT SUMMARY
Contract No: Contractor Name Amendment No:
RN 077127 Pacifica Resource Center 1
THE AGREEMENT HAS CHANGED AS FOLLOWS:
Agreement Amount
Original Amount: $219,163
Amendment 1 Amount: $223,660
Current Amount: Addition or
Reduction:
New Total:
$219,163 $223,660 $442,823
Agreement Term
Original Start Date: 1/28/2020 Original End Term: 6/30/2022 Amendment 1 Start Date: 1/28/2020 Amendment 1 End Date: 6/30/2023 Paragraph Changes:
Section 3. Payments of the agreement has been amended.
Section 4. Term of the agreement has been amended.
Exhibit A has been amended.
Exhibit B has been amended.
AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
PACIFICA RESOURCE CENTER
THIS AMENDMENT TO THE AGREEMENT, entered into this ϭϰth day of June, 2022, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and PACIFICA RESOURCE CENTER, hereinafter called "Contractor";
W I T N E S S E T H:
WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;
WHEREAS, the parties entered into an Agreement for increasing the capacity and infrastructure for grocery rescue and redistribution as part of an edible food recovery program on January 28, 2020; and
WHEREAS, the parties wish to amend the Agreement to extend the term and increase the agreement amount.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. Section 3. Payments of the agreement is amended to read as follows:
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and manner specified in Exhibit B.
County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed four hundred forty-two thousand eight hundred twenty-three dollars ($442,823). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.
2. Section 4. Term of the agreement is amended to read as follows:
Subject to compliance with all terms and conditions, the term of this Agreement shall be from January 28, 2020, through June 30, 2023.
ϯ͘ Original Exhibit A is replaced with Revised Exhibit A, (rev. 6/ϭϰ/2022). ϰ͘ Original Exhibit B is replaced with Revised Exhibit B, (rev. 6/ϭϰ/2022).
4. All other terms and conditions of the agreement dated January 28, 2020, between the County and Contractor shall remain in full force and effect.
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:
For Contractor: PACIFICA RESOURCE CENTER
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:
COUNTY OF SAN MATEO
By:
President, Board of Supervisors, San Mateo County
Date:
ATTEST:
By:
Clerk of Said Board
_________________________
ontractor Signature
5/17/2022 Anita M. Rees
Resolution No. 078946
June 14, 2022
Revised Exhibit A (rev. 6//2022)
Background
Per CA Senate Bill 1383 (SB 1383) regulations, all jurisdictions in the state are required to adopt local ordinances implementing an edible food recovery program. In San Mateo County, all jurisdictions have adopted ordinances in line with the County’s ordinance to create one cohesive countywide edible food recovery program. Contractor must comply with these ordinances including their requirements around health and safety, recordkeeping, program reporting, and spoilage reporting. Contractor must also work with regulated generators, defined as Tier 1 and Tier 2 generators in local edible food recovery ordinances.
Contractor shall contract with regulated generators located in San Mateo County using a standard contract that complies with local edible food recovery program ordinances to recover and redistribute edible food. Contractor shall establish a contract with all regulated generators they are currently recovering surplus food from.
Contractor shall administer this contract and their edible food recovery program in coordination with the County of San Mateo Office of Sustainability.
Contractor shall attend trainings and/or meetings arranged by the County to educate the Contractor’s staff and to help support and improve the countywide edible food recovery program.
Contractor shall create a program expansion plan outlining how their edible food recovery program will grow between Summer of 2022 and Winter of 2023. Contractor shall coordinate with the County to revise the expansion plan as necessary.
By December 31, 2022, Contractor shall assess the edible food recovery needs of all regulated generators in the Contractor’s service area (Pacifica, Daly City, Broadmoor, San Bruno, Colma, and South San Francisco) and their ability to meet those needs. Contractor shall establish contracts with those generators they can service, and, in coordination with the County, create a plan to increase capacity to offer service to the rest.
Contractor will notify the County whenever a generator is unresponsive to the Contractor’s outreach or refuses to sign a contract for edible food recovery.
Contractor shall employ, hire, and train drivers and other staff for the purpose of collecting and redistributing edible food from edible food generators as defined by local ordinances.
Contractor shall service and properly maintain a van/truck or other refrigerated vehicle for the purpose of collecting and redistributing edible food from regulated generators in their service area. Contractor shall be responsible for insurance, fuel, service, and proper maintenance of the van paid from funds provided under this contract.
Contractor shall operate regular route pickups and redistributions for regulated generators with whom they contract, establish best practices for edible food recovery, and conduct outreach and hold trainings with generators as needed. Contractor may follow the Grocery Rescue Donation Guidelines as established by the Second Harvest Silicon Valley Food Bank or similar institution.
Any education material developed by the Contractor for the purpose of informing generators of edible food recovery, whether printed or digital, must be translated from English into Spanish and Simplified Chinese as necessary.
Contractor shall establish relationships with other organizations with food distribution programs able and willing to accept and redistribute surplus edible food recovered by the Contractor to increase Contractor’s edible food recovery capacity and minimize storage time for recovered foods. Contractor shall coordinate with these organizations to deliver surplus recovered food to them for distribution.
Contractor shall arrange for recovered surplus food to be distributed the same day it is recovered from a generator whenever possible to do so.
Contractor shall report on the progress and activities of their edible food recovery program and provide documentation as required by local edible food recovery ordinances upon request.
Contractor shall coordinate with consultants the County provides to help develop an edible food recovery fee-for-service business model and other process improvements. Contractor shall provide the consultant with all necessary information regarding their edible food recovery activities.
Amendment Template Version May 2021 Page 1
Revised Exhibit B (rev. 6//2022)
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms for the services of a:
Grocery Rescue & Delivery Driver @ $29.99/hr. including benefits Food Program Coordinator @ $38.10/hr. including benefits Case Manager @ $36.73/hr. including benefits
Direct Services Manager @ $59.37/hr. including benefits Contractor shall be reimbursed for labor and administration costs upon submission of an invoice documenting the expenses. Hourly labor rates may increase due to rising labor costs, any such adjustments shall be agreed upon by the County and the Contractor.
Contractor shall be reimbursed for gas, maintenance, van repairs, and insurance, etc. upon submission of an invoice documenting the expenses.
County shall provide, in advance, $60,000 for the purchase and retrofit of a vehicle to be used for recovering edible food. This amount shall be payable upon execution of the amendment.
In no event shall the County's fiscal obligation exceed $442,823. County shall make payments within 30 business days of receipt and approval of invoices.
Amendment Template Version May 2021
County of San Mateo
Contract Amendment Coversheet and Contract Amendment for >$200K
CONTRACT SUMMARY
Contract No: Contractor Name: Amendment No:
RN 077217 Pacifica Resource Center 2
THE AGREEMENT HAS CHANGED AS FOLLOWS:
Agreement Amount
Original Amount: $219,163
Amendment 1 Amount: $223,660
Amendment 2 Amount: $160,000
Current Amount: Addition or
Reduction:
New Total:
$442,823 $160,000 $602,823
Agreement Term
Original Start Date: 1/28/2020 Original End Term: 6/30/2022 Amendment 1 Start Date: 1/28/2020 Amendment 1 End Date: 6/30/2023 Amendment 2 Start Date: 1/28/2020 Amendment 2 End Date: 6/30/2024 Paragraph Changes:
Section 3. Payments of the agreement has been amended.
Section 4. Term of the agreement has been amended.
Exhibit A has been amended.
Exhibit B has been amended.
Amendment Template Version May 2021
AMENDMENT TO AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
PACIFICA RESOURCE CENTER
THIS AMENDMENT TO THE AGREEMENT, entered into this 23rd day of May 2023, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and Pacifica Resource Center, hereinafter called "Contractor";
W I T N E S S E T H:
WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;
WHEREAS, the parties entered into an Agreement for increasing the capacity and infrastructure for grocery rescue and redistribution as part of an edible food recovery program on January 28, 2020; and
WHEREAS, the parties wish to amend the Agreement to extend the term and increase the agreement amount.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. Section 3. Payments of the agreement is amended to read as follows:
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable.
In no event shall County’s total fiscal obligation under this Agreement exceed six hundred and two thousand eight hundred twenty-three dollars ($602,823). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.
2. Section 4. Term of the agreement is amended to read as follows:
Subject to compliance with all terms and conditions, the term of this Agreement shall be Amendment Template Version May 2021
from January 28, 2020, through June 30, 2024.
3. Original Exhibit A is replaced with Revised Exhibit A, (rev.5/23/23).
4. Original Exhibit B is replaced with Revised Exhibit B, (rev.5/23/23).
5. All other terms and conditions of the agreement dated January 28,2020, between the County and Contractor shall remain in full force and effect.
Amendment Template Version May 2021
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:
For Contractor: PACIFICA RESOURCE CENTER
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:
COUNTY OF SAN MATEO
By:
President, Board of Supervisors, San Mateo County
Date:
ATTEST:
By:
Clerk of Said Board
For Contractor: PACIFICA RESOU
__________________________
C Si
4/26/2023
Anita M. Rees for
Pacifica Resource Center
Amendment Template Version May 2021
Revised Exhibit A (rev.5/23/2023)
Background
Per CA Senate Bill 1383 (SB 1383) regulations, all jurisdictions in the state are required to adopt local ordinances implementing an edible food recovery program and requiring large food generating businesses such as, but not limited to, supermarkets, grocery stores with a total facility size of 10,000 or more square feet, food wholesalers and distributors, and hotels with 200 or more rooms (generators) to arrange for edible food recovery services that recover the maximum amount of their surplus edible food possible. Edible food recovery is the act of diverting surplus edible food from businesses, organizations, or events that otherwise would have been disposed of in a landfill or sent to compost. Recovered food is then distributed to people in need. Food recovery organizations and services with expertise in food handling and safety, a deep understanding of hunger and food insecurity in our communities, and infrastructure to distribute food to those in need throughout the county, carry out this recovery service. In San Mateo County, all jurisdictions have adopted ordinances in line with the County’s ordinance to create one cohesive countywide edible food recovery program.
To help the food recovery organizations build capacity for their programs, the County has contracted with Abbe and Associated, a waste management and recycling industry consultant group, to provide Contractor assistance developing a fee-for-service model for the edible food recovery services they provide generators.
Charging fees for the food recovery services Contractor provides will create sustainable funding for their edible food recovery efforts beyond the life of this agreement.
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:
Task 1. Coordinate with Abbe & Associates to determine fee-for-service model for edible food recovery services Contractor offers to generators.
1. Correspond with Abbe and Associates over email, phone, and video call as requested by Abbe and Associates to discuss fee-for-service model development.
2. Provide Abbe and Associates staff in-person tours of Contractor’s facilities or food distributions as requested.
3. Compile and provide information on Contractor’s edible food recovery services and food distribution programs to Abbe and Associates upon their request. Information includes but is not limited to standard operating procedures, edible food recovery contracts with generators and other food recovery organizations or services; and records of costs associated with developing and managing Contractor’s food recovery services and food distribution programs.
Task 1. Deliverable:
1. List of facilities toured with Abbe & Associates.
2. Report that details information, contracts, and records provided to Abbe & Associates described in Task 1.3.
Task 2. Finalize edible food recovery agreement contractor will use when establishing agreements with generators.
1. By August 15, 2023, finalize agreement Contractor will offer to new and existing generators Contractor provides edible food recovery services to. Contract will incorporate fee-for-service recommendations from Abbe & Associates.
Deliverable
1. Copy of Contractor’s final edible food recovery agreement template Contractor will provide to generators for edible food recovery services.
Amendment Template Version May 2021
Task 3. Provide food recovery services to generators.
1. Contractor shall employ, hire, and train drivers and other staff for the purpose of collecting and redistributing edible food from generators.
2. Contractor shall service and properly maintain a van/truck or other refrigerated vehicle for the purpose of collecting and redistributing edible food from generators in their service area to residents via the Contractor’s or other organization’s food distribution programs. Contractor shall be responsible for insurance, fuel, service, and proper maintenance of the van paid from funds provided under this contract.
3. Contractor shall operate regular route pickups and redistributions for generators with whom they contract, and conduct outreach and hold trainings with generators as needed.
4. Contractor shall establish relationships with other organizations with food distribution programs able and willing to accept and redistribute surplus edible food recovered by the Contractor to increase Contractor’s edible food recovery distribution capacity and minimize storage time for recovered foods. Contractor shall coordinate with these organizations to deliver or provide surplus recovered food to them for their distribution to residents.
5. Contractor will maintain records of pounds of food recovered from each generator, tracking pounds per pick up from each generator.
6. Contractor shall report on the progress and activities of their edible food recovery program and provide documentation as required by local edible food recovery ordinances upon request.
Deliverable
1. A monthly record of pounds of food recovered from each generator Contractor provides edible food recovery services to. Record shall be delivered quarterly.
2. Summary of trainings provided to generators each quarter.
3. A report that details efforts to develop relationships with other food distribution programs each quarter.
Task 4 Expand edible food recovery program to additional generators.
1. Contact generators within San Mateo County regulated under local edible food recovery ordinances via phone, email, and/or in-person site visits to inform them of their requirements under local edible food recovery ordinances and Contractor’s edible food recovery services.
2. Keep records of all outreach conducted to generators not yet receiving services by Contractor. Note name, address, method of contact, and response of each generator after being contacted about Contractor’s edible food recovery services.
3. Establish agreements with generators to provide them edible food recovery services using the agreement developed in task 2. Agreements will identify how generators will compensate Contractor for the food recovery services they provide.
4. Onboard generators into Contractor’s food recovery program. This may include on-site visits of generator’s facility, trainings to generator staff, or other coordination with generators.
5. Provide generators regular edible food recovery services.
Deliverables
1. Record of outreach conducted each quarter.
2. List and copy of signed contracts executed with generators each quarter.
3. Summary of efforts to onboard generators each quarter.
Task 5. Other related services as necessary with prior approval from the County including, but not limited to, edible food recovery program piloting, participation in regional work groups, or sharing information on Contractor’s food recovery program with other food recovery organizations or during events/conferences.
Amendment Template Version May 2021
Revised Exhibit B (rev. 5/23/2023)
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms for the services of a:
- Grocery Program Driver @ $33.03/hr, including benefits - Grocery Rescue & Delivery (GR&D) Program Assistant @ $34.12/hr. including benefits - Grocery Program Coordinator @ $45.35/hr. including benefits - Case Manager @ $40.25/hr. including benefits
- Direct Services Manager @ $63.82/hr. including benefits Contractor shall be reimbursed for labor and administration costs upon submission of an invoice documenting the expenses. Hourly labor rates may increase due to rising labor costs, any such adjustments shall be agreed upon by the County and the Contractor.
Contractor shall be reimbursed for gas, maintenance, van repairs, and insurance, etc. upon submission of an invoice documenting the expenses.
Truck repairs, capacity/infrastructure improvements/equipment shall be paid from funds provided under this contract with prior approval of the County. Contractor will provide documentation for any such expenditures.
All invoices must include:
A. Organization letterhead
B. Current Organization address
C. Agreement/Contract #
D. Invoice #
E. Invoice date
F. Total cost
G. Amount owing
H. Amount previously billed
I. Amount remaining on agreement
Contractor shall provide supporting documents concurrently upon invoice submittal, adequate to substantiate the charges. Adequate supporting documents include, but are not limited to:
deliverable documents, payroll registers, timesheets, detailed invoices, inspection certificates, activity/participant logs, applicant forms, acceptance letters, survey forms, authorized travel/expense forms, service acknowledgment forms, etc. The types of supporting documents required to verify information on invoices depends on the specified contracted services and, if applicable, costs to be reimbursed. The County reserves the right to withhold payment on invoices until Contractor provides adequate supporting documents. The adequacy of supporting documentation is in the sole discretion of the County.
In no event shall the County's fiscal obligation exceed $602,823. County shall make payments within 30 business days of receipt and approval of invoices.
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