MURIEL BOWSER MAYOR June 14, 2024 Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue, NW, Suite 504 Washington, DC 20004 Dear Chairman Mendelson: Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1- 204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code § 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is proposed Modification No. 2 to Contract No. GAGA-2022-C-0385-B with DC Central Kitchen to exercise option year one in the amount of $11,247,560.69. The period of performance is from July 1, 2024, to June 30, 2025. Under the proposed contract, DC Central Kitchen will continue to provide District of Columbia Public Schools Food Service Program at assigned schools. DC Central Kitchen shall prepare, serve, and account for meals. The services shall include management of the Schools Breakfast Program, including Breakfast In the Classroom and other alternative program configurations; the National School Lunch Program; the Summer Food Service Program; the After School Supper Program; the After School Snack Program; the Fresh Fruit and Vegetable Program; a la carte meals and items, and adult meals. My administration is available to discuss any questions you may have regarding the proposed contract. In order to facilitate a response to any questions you may have, please have your staff contact LaVeta Hilton, Deputy Chief Procurement Officer, District of Columbia Public Schools, at (202) 442-5136. I look forward to the Council’s favorable consideration of this proposed contract. Sincerely, Muriel Bowser  GOVERNMENT OF THE DISTRICT OF COLUMBIA. District of Columbia Public Schools kk * = =a Pursuant to section 202(c-3) of the Procurement Practices Reform Act of 2010, as amended, D.C. Official Code § 2-352.02(c-3), the following contract summary is provided: COUNCIL CONTRACT SUMMARY (Options) (A) Contract Number: GAGA-2022-C-0385-B Proposed Contractor: DC Central Kitchen Contract Amount (Option Amount): $11,247,506.69 Term of Contract: July 1, 2024, thru June 30, 2025 ‘Type of Contract: Firm Fixed Unit Price and Cost Reimbursable (B) Identifying number of the underlying contract, including the identifiers assigned to the underlying contract by the Council for the base period and any subsequent option periods: CA25-0512 — Base Year (©) A statement that the Citywide Clean Hands database indicates that the proposed contractor is current with its District taxes. If the Citywide Clean Hands Database indicates that the proposed contractor is not current with its District taxes, either: (1) a certification that the contractor has worked out and is current with a payment schedule approved by the District; or (2) a certification that the contractor will be current with its District taxes after the District recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b): According to the Citywide Clean Hands Database, the contractor is current with its District taxes. The Certificate of Clean Hands, dated April 12, 2024, is attached. (D) A statement that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02: The DCPS Agency Fiscal Officer has certified that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with D.C. Offi ial Code §§ 47-392.01 and 47-392.02. A certification of funding dated April 30, 2024 is attached. * Government ofthe District of Columbia * + FE Office oc ofortacananevene the Chief Financial Officer Wasting, Be 2024 1101 4" Street, SW Date ofNotie: June 3, 2024 Notice Number: 10011925123 = D CCENTRAL Ist sTSWKITCHEN INC FEIN: +02994936 Dat WASHINGTON DC 20024-3560 Case: 7692702 CERTIFICATE OFCLEANHANDS: As reported in the Clean Hands system, the above referenced individual/entity has no outstanding liability with the District of Columbia Officeof Tax and Revenue or the Department of Employment Services. Asofthe date above, the individual/entity has complied with DC Code § 47-2862, therefore this Certificate of Clean Hands is issued. TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES CHAPTER 28 GENERAL LICENSE SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT D.C. CODE § 47-2862 (2006) § 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT Ke — ‘Authorized ByMelinda Jenkins Branch Chief, Collection and Enforcement Administration To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the “Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section. 1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5048/MyTax.DC.g0v  PN DISTRICT OF COLUMBIA PUBLIC SCHOOLS Certification of Funding Office of Fiscal Strategy 1200 First Street NE, 9" Floor, Washington, DC 20002 (202) 442-5112/Fax (202) 442-5634 1, Prepared by: Steven Lenz, Manager, Finance, Strategy &Technology (FNS) 2, Funding CertificationPeriod: 7/1/24-6/30/25 3. Summary of Proposed Procurement: To provide food services to DC Public Schools 4. If contract has been awarded: * Contractor: DCCK * ContractDates: July 1, 2024-June 30, 2025 * Contract Number: GAGA-2022-C- 0385-8 Contract Amount: $11,247,560.69 * RK Number: RK271694 and TBD © PO Number: T8D Funding Information: ee a 7 | [| \ hereby certify that the above referenced DCCK contract is within the appropriated budget authority for the agency and is consistent with thefinancial plan and budget adopted in accordance with DC Official Code §§ 47-392.01 and 47-392.02 for the District of Columbia Public Schools for the applicable period of performance. The funding obligation for Fiscal Year2025 is subject to Congressional approval KimberlyWashingtow 4/30/24 Name Date DCPS Agency Fiscal Officer * FY 2025 funding pending budget approval StyphenAig applicable only: Name ounere Date OSSE Agency Fiscal Officer 1200First Street, NE|Washington, DC20002|T202. 442. $885 |F 202. 442, 5026 |deps.de-gov  ie SA GOVERNMENT OF THE DISTRICT OF COLUMBIA ——sa CHANGE ORDER/UNILATERAL MODIFICATION = Page No. 1 of1 Page(s) CONTRACT NO: EFFECTIVE DATE MODIFICATION NO ‘MODIFICATION DATE: GAGA-2022-C-0385-B July 1, 2024 2 ISSUING OFFICE: ISSUED TO: (Contractor) - District of Columbia Public Schools (DCPS) DC Central kitchen Contracts and Acquisitions Division 2121 First Street, SW 1200 First Street, NE, 9" Floor Washington, DC 20024 Washington, DC 20002 Tele: (202) 234-0707 Office: (202) 442-5112 Fax: (202) 442-6105 USING AGENCY OR AGENCIES: TITLE: Food Services Management Company DCPS, OCOO, Food and Nutrition Services ACTION: [Change [XJ] Exercise ofOption [_] Economi Price Adjustment c [] Other Pursuant to Section 15 of the Government of the District of Columbia Standard Contract Provisions for use with the District of Columbia Supply and Services Contract dated July 2010, and 27 DCMR Section 3601.2, the subject contract is hereby modified as follows: 1. In accordance with Section F.2 entitled “OPTION TO EXTEND THE TERM OF THE CONTRACT”, the District of Columbia Public Schools (DCPS) is exercising option year one of the subject Contract in the amount of eleven million two hundred forty-seven thousand five hundred and sixty dollars and sixty-nine cents ($11,247,560.69). 2. The performance period for optionyear one is July 1, 2024 through June 30, 2025. 3. In accordance with section 38(d)of the Standard Contract Provisions (Way to Work Amendment Act of 2006), Effective on January 1, 2024 until June 30, 2024, the District's living wage rate is $17.05 per hour. Effective July 1, 2024, the District's Minimum Wage and Living Wage will increase to $17.50. 4, The Living Wage Act Notice for 2024 is attached and hereby incorporated in the contract as Attachment J.6. 5. The Living Wage Act Fact Sheet for 2024 is attached and hereby incorporated in the contract as Attachment J.7. ALL OTHER CONTRACT TERMS AND CONDITIONS REMAIN UNCHANGED DATE CONTRACTING OFFICER ‘SIGNATURE Case File Contractor PSD Using Agency  n nm n GOVERNMENT OF THE DISTRICT OF COLUMBIA — _—— BILATERAL MODIFICATION Page No. 1 of Page(s) 1 CONTRACT NO: 2.CONTRAGT DATE: | 3. MODIFICATION NO “4. MODIFICATION OATE GAGA-2022-C-0385-B November 27, 2023 1 See block 12 5. CAPTION: Food Services Management Company 6. ISSUED TO: (Contractor) 7. ISSUING OFFICE: DC Central Kitchen District of Columbia Public Schools (DCPS) 2121 First Street, SW Contracts and Acquisitions Division Washington, DC 20024 1200 First Street, NE, 9" Floor Tele: (202) 234-0707 Washington, DC 20002 Tele: (202) 442-5112 8, PROGRAM OFFICE: DCPS, Officeof the Chief Operating Officer, Food and Nutrition Services (FNS) ‘ACTION: [XChange [] Exercise of Option [-] Economic Price Adjustment [_] Other Pursuant to Section 15of the Governmentofthe District of Columbia Standard Contract Provisions for use with the District of Columbia Supply and Services Contract dated July 2010, and 27 DCM Section 3601.2, the subject contract is hereby modified as follows: 1. Section C.4.8 Additional Food Standards DELETE: 8. Geographic Preference Preference will be given to FSMCs who can provide locally grown unprocessed foods (from Delaware, D.C., Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia). Bidders should certify below the percentage of locally grown or raised foods to be utilized in meals. Percentage of Locally Grown or Raised Foods to be utilized in meals: < 20% > 8. Geographic Preference ‘+ Preference will begivento FSMCs who can provide locally grown unprocessed foods (from Delaware, D.C., Maryland, New Jersey, North Carolina, Pennsylvania, Virginia, or West Virginia). Contractor should certify, below the percentage of locally grown or raised foods to be utilized in meals Percentage of Locally Grown or Raised Foods to be utilized in meals: < 25% > 10. AMOUNT OF MODIFICATION: So CURRENTVALUE OF CONTRACT: _ $6,348,521.58 (NTE| (CURRENT COMPLETION DATE: June 30, 2024 11 CONTRACTOR (Glenda Cognevich » _ Glenda Cognenioh_ vane are0z024 siffature ofAunorized Representative pogo Date 12, ACCEPTANCE BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA ne: _taVetation swvates Laveta Nilto Te: “ContractingOffer ae Sonmure Case File Contractor PSD Tana  ‘GAGA-2022-C-0385-8 DC Central Kitchen Page2 of 3 2. Section C.6.7 Department of Health: DC Health DELETE: Lb. Hold a valid DC Basic Business License (BBL) under the name of the FSMC and school (IE FSMC/School), with a copy posted conspicuously in the school kitchen and an electronic copy provided to FNS. Its the responsibility of the FSMC to obtain and maintain a valid BBL for each school cafeteria, INSERT: Lb. Publicly display a valid DC Basic Business License (BBL) under the name of District of Columbia Public ‘Schools and the school's name (i.e. DCPS/School). An electronic copy will be held by FNS. 3. DELETE Section G.5 THE QUICK PAYMENT ACT and INSERT the following: G.5__ THE QUICK PAYMENT ACT (Feb 2019) G.5.1 Interest Penalties to Contractors G.5.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act, D.C. Official Code § 2-21.01et seq., as amended, for the period beginning on the day after the required payment date and ending on the date on which payment of the amount is made. Interest shall be calculatedat the rate of at least 1% per month. No interest penaity shall be paid if payment for the completed delivery of the item of property or service is made on or before the required payment date. The required payment date shall be: G.5.1.1.1 The date on which payment is due under the terms of this contract; G.5.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat food products; .5.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of deliveryof a perishable agricultural commodity; or G.5.1.1.4 30 calendar days, excluding legal holidays, after receipt ofa proper invoice for the amount of the payment due. G.5.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goodsorservices is made on or before: G.5.1.2.1 3" day after the required payment date for meat or a meat product; G.5.1.2.2 5" day after the required payment date for an agricultural commodity; or G.5.1.2.3 15" day after any other required payment date, G.5.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to the principal amountofthe debt and thereafter interest penalties shall accrue on the added amount. G52 ayments to Subcontractors 6.5.2.1 The Contractor shall take oneof the following actions within seven (7) days of receipt of any amount paid to the Contractorbythe District for work performed by any subcontractor under the contract: G.5.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the District that is attributable to the subcontractor(s) for work performed under the contract; or G.5.2.1.2Notify the CO and the subcontractor(s), in writing, of the Contractor's intention to withhold all or partof the subcontractor’s payment and state the reason for the nonpayment.  GAGA-2022-C-0385-8 DC Central Kitchen Page3 of 3 G.5.2.2. The Contractor shall pay subcontractors or suppliers interest penalties on amounts due tothe subcontractor ‘or supplier beginning on the day after the payment is due and ending on the date on which the payment is ‘made. Interest shall be calculated at the rateof at least 1% per month. No interest penalty shall be paid on the following if payment for the completed delivery ofthe item of property or service is made on or before the: G.5.2.2.1 3" day after the required payment date for meator a meat product; G.5.2.2.2 5! day after the required payment date for an agricultural commodity; or G5.2.2.3 15" dayafter any other required payment date. 5.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount. 5.2.4 dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute