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HomeMy WebLinkAbout1995-08-15; City Council; 13274; ANNUAL CONTRACT FOR MEAL SERVICE FOR SENIOR CITIZEN NUTRITION PROGRAM// L;' r 1 Q IA > ns a. a 4 z 0 F 0 < -I z 3 0 0 a CII)y OF CARLSBAD - AGWA BILL AB # A.<2'74 MTG. [h{k TITLE: ANNUAL CONTRACT FOR MEAL SERVICE FOR /' / e< 1' .d / -.- L DEPT. IDEPT. '&I 1 SENIOR CITIZEN NUTRITION PROGRAM I CITY I I I RECOMMENDED ACTION: Staff recommends that Council adopt Resolution No. 7%%?3*, accepting the bid of, and a a contract to, the City of Vista, Brengle Senior Center, for the preparation of meals for the p September 1, 1995 through August 31, 1996, with the option to renew for three additional o periods. ITEM EXPLANATION: The City of Carisbad Senior Center serves approximately 150 congregate meals each weekday facility as part of their Senior Citizen Nutrition Program. This number increases to about 250 r~ meals per week to the homes of senior citizens. Frozen home meals are offered for use as or weekend meals. These services have been offered to the community since Council app 1987. Thanksgiving, Christmas and other special events. In addition, the Senior Center delivers o The City of Vista, Brengle Senior Center has prepared the meals for our Senior Nutrition progral their first contract award in May 5, 1987. The meals have been varied, of good quality a received by the Seniors, and have met the guidelines of wholesomeness and nutritional bala by the County of San Diego Area Agency on Aging (AAA). In accordance with Section 3.28.120 of the Municipal Code, Notice to Bidders was publisp Requests for bid was made of ten potential food service contractors. Three bids were receive lowest bid was evaluated by the Senior Citizen Coordinator, Sue Spickard and the AAA nutritioni sample menu submitted with the low bid was found to not meet the minimum standards for good citizen nutrition (See exhibit 1). The sample menu for the second lowest bidder was a menu whi currently in use and, therefore, had previously been approved by the AAA nutritionist. Based 01 menu evaluations, we recommend that the contract be awarded to the City of Vista. The bid tat follows. Prices are cost per meal: Carlsbad by the Sea City of Vista, Culinary Retirement Center Brengle Senior Concepts Center Congregate Meal $1.60 $2.50 $3.70 Home Meal $1.85 $2.70 $4.05 Frozen Home Meal $1.85 $2.70 $4.50 I FISCAL IMPACT: The estimated food cost for senior meals associated with this contract for fiscal year 199! $121,546.00. An AAA grant will contribute $83,156 to the cost. The remainder will be fun1 donations from those who receive the meals at approximately $1.46 per meal, for those wI contribute. EXHIBITS! 1. Award Recommendation. 2. Resolution No. 9s-?%L with contract attached as Attachment A. 0 0 July 31, 1995 TO: KEVIN DAVIS BUYER FROM: Sue Schultz Spickard y Senior Center Coordinator ANNUAL MEALS CONTRACT BIDS As you are aware on July 25, 1995, we opened bid proposals for meal service at the Senior Center. Three Bids were received. Carlsbad By The Sea was the low bidder. On July 26, 1995, I met with the Area Agency on Aging Nutritionist at which time we reviewed the menus submitted by Carlsbad By The Sea. The sample menu submitted does not meet the minimum requirements for Title Ill C1 meals. On many of the menus submitted, the potatoes, beans, yams, etc. are listed as meeting the Bread/Starch requirement, they do not. These items are classified as a vegetable. What this means is that a Bread/Starch would need to be added to the menu on those days, and the cost of the meal would likely to increase. The Nutritionist posed concern over the casserole type meals proposed (enchilada, stew, tuna ala king, etc). The caterer would need to be made aware that these types of meals require 3 ounces of protein be provided in each serving, not a 3 ounce serving of the casserole. In her opinion this would potentially cause the price to increase. She further stated that meals such as "Hot Dog on a Bun" was totally unacceptable. After reviewing the menu, the Nutritionist's overall comments indicated that the quality of the proposed menu was far below the standard of menus which we are presently receiving. With this in mind, and considering that the sample menus do not meet the minimum standard, I would recommend that the Senior Meals Contract be awarded to the City of Vista, * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 j 26 27 28 ' 0 0 RESOLUTION NO. 95-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR MEAL SERVICE FOR THE SENIOR CITIZEN NUTRITION PROGRAM ~~~ NOW THEREFORE BE IT RESOLVED by the City Council of the City of C California as follows; 1. That the bid of the City of Vista, Brengle Senior Center, 1400 Vale Terra1 Vista CA 92084, is hereby accepted and the Purchasing Officer is hereby authorized tc a purchase order for the acquisition of meal preparation services for the period of Sept 1995 through August 31 , 1996, which may be renewed by the City Manager for three i one (1) year periods, with revised contract prices to be set after mutual agreement. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed tc a contract, a copy of which is attached hereto, for and on behalf of the City of Carlsb; PASSED, APPROVED AND ADOPTED by the City Council of the City of Cs a regular meeting held on the 15th day of AUGUST , 1995, by the followin! wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA &R+ L. RAUTENKRANZ (SEAL) 0 0 4 CONTRACT FOR MEAL SERVICE FOR THE SENIOR NUTRITION PROGRAM THIS CONTRACT is made and entered into as of the 21st day of AUGUST 1995, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafte referred to as "City", and the CITY OF VISTA, hereinafter referred to as "Contractor". RECITALS The City requires the services of a specialized meal preparation Contractor tc provide the necessary meal service for the City's Senior Citizen Nutrition Program; and thc Contractor possesses the necessary skills and qualifications to provide the service: required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenant contained herein, City and Contractor agree as follows: 1. CONTRACTOR'S OBLIGATIONS a. The Contractor will create menus that comply with specifications herein an attached. The Contractor shall assure that all meals meet the standards ( Title Ill of the Older Americans Act, and Nutritional Guidelines of the Counl of San Diego Area Agency on Aging (A.A.A.). Contractor will comply full with all requirements of the California Department of Aging Program Manu: including the two sections attached hereto. All menus must be written in ; least four week cycles and submitted to an A.A.A. nutritionist at least tw weeks before they are to be used. Only menus approved by this nutritioni! are to be used as a guide to meal preparation with the exception ( deviations as discussed in paragraph (j) below. b. The Contractor will prepare approximately 150 congregate meals per d: Monday through Friday except on holidays designated by the City. The Ci will give an exact number for daily preparation. Meals per day may increa: to approximately 250 meals per day for Thanksgiving, Christmas and 0th special events. c. The Contractor will prepare approximately 45 home meals per day to t provided Monday through Friday; up to 40 frozen home meals to be providc for weekends, and up to 45 frozen meals per day on holidays designatc by the City. Page 1 of 10 +. 0 0 d. The Contractor will provide both individual home meals and individual frozer home meals in disposable, one-time-use meal containers, with covers. Thc contractor will provide these containers. The containers must keep differen food items separated (e.g., using tray compartments), and allow for sanita? transport of food. e. The Contractor shall comply with all federal, state, and local laws an( regulations governing the preparation and handling of food; and procure an( keep in effect all necessary licenses, permits and food handlers' card: required by law; and post such licenses, permits and cards in a prominer: place within the meal preparation areas. f. The Contractor shall make all meals for the day available for pick-up by thl City no later than 1O:OO a.m. at the Contractor's facility. If the meals are tl be delivered by the Contractor, they shall arrive at the City's location no late than 10:30 a.m. The delivery location is: City of Carlsbad Senior Centel 799 Pine Avenue, Carlsbad California. Exceptions must be mutually agree upon, by both the City and the Contractor before changes are mad regarding delivery. If the Contractor delivers food to the City, the vehicl used will be pre-approved by City personnel for suitability. g. The Contractor shall be responsible for ordering, purchasing, and paying fc raw food items and consumable supplies to be used in the preparation of a meals. Food preparation shall occur at the Contractor's site and undE supervision of Contractor's employees. h. The Contractor will allow the City and the A.A.A. to have access to th Contractor's purchase documents and records, as well as food preparatior packaging and storage areas to determine the adequacy of the Contractor' under this contract. purchasing, nutrition, and sanitation practices regarding meals provide I. The Contractor shall comply with all applicable federal, state and local la& and regulations pertaining to wages and hours of employment. j. The Contractor shall report any deviations from the approved menu to th City Project Manager and the A.A.A. no later than one week before th unapproved meal is prepared, whenever possible. k. The Contractor and City shall jointly maintain a temperature recol documentation system and said temperature record will be implemented ar maintained to insure sanitary and safe food handling procedures. Page 2 of 10 0 0 I. The Contractor will supply information to the City for project reports a! needed (e.g., actual labor costs and raw food costs). m. The Contractor will replace, with like kind, or pay for replacement of all Cit! owned equipment used for food service that is lost or damaged, excludin! normal wear and tear, due to Contractor's actions. n. Contractor bonding requirements will be waived for this contract. 0. Additional requirements are found in the attachments titled "147.8 Men1 Requirements" (excluding paragraph f, subparagraphs 2, 3 & 4; anc Provisions". pafagraph 0, shoaragraphs 2 8 3) and W Food Service Subcontrac 2. CITY OBLIGATIONS a. The City shall provide two (2) sets of containers suitable for delivery c congregate meals and so that they may be rotated with a clean set returne, by the City each day to the Contractor for the preparation of future meals. A such containers will be the property of City. b. The City shall provide a driver and vehicle for pick up of the food and it delivery to the City, as well as any devices necessary to insure adequat sanitary practices for handling the food in transit. (This paragraph is voide' if the Contractor is to deliver the food). c. The City shall notify the Contractor of any variation from the current men no less than one week before the meals are to be served. Contractor sha work with the City to comply with reasonable special menu requests fc special events. The Contractor may assume that menu variations receive from the City have been approved by the A.A.A. nutritionist. d. Since the number of meals to be served changes daily, the City wi telephone the Contractor the day before the meals are served to notify th the Contractor of the number of each type of meal needed. If more than 20 meals areb be served, the City will try to give the Contractor a minimum c three days notice. e. The City will provide food transport containers to hold individual me; containers and maintain proper food temperatures. f. The City agees to provide condiments, beverages (other than milk and ar beverage provided as a part of the nutritional meal requirements), and s Page 3 of 10 0 & 0 cutlery, service utensils, trays and other non-dietary items not specificall! otherwise stated to be the Contractor's responsibility. g. The City shall provide monthly participant meal evaluations. Mea assessments shall be conducted by the City on an on-going basis. Thr Contractor shall work with the City to comply with reasonable requests fo changes in food type, preparation method and quality. 3. CARLSBAD NUTRITION COUNCIL INPUT Both parties agree that the Carlsbad Nutrition Project Council shall review an comment on menus. The City has the option of naming two (2) Project Counc members who will assist the Contractor in bi-annual menu preparation. 4. FEES TO BE PAID TO CONTRACTOR Total fees paid shall not exceed $2.50 per meal for congregate meals, $2.70 PE meal for home meals and $2.70 for frozen home meals. No other compensation fc services will be allowed except those items covered by supplemental agreement per Paragraph 5, "Changes in Work." Changes in compensation due to significar changes in food costs, if any, shall be processed in this manner. The City shall nc this contract and referenced documents. Food may be procured by the City fro1 alternate sources at the Contractor's expense if the Contractor fails to deliver meal or portions of meals. The closure date for each monthly invoice will be the last day of each montt Invoices from the Contractor shall be submitted in accordance with City format t the City's assigned project manager no later than the 5th day of each month c payments will be delayed. Payments will be mailed by the City on the third Frida of each month. 5. CHANGES IN WORK be required to pay for food or service not meeting the specifications discussed i If, in the course of the contract, both parties agree that a change in the conditior of the contract is warranted, either party may request a change. Such change shall be processed by the City in the following manner: If the contractor is makir the request, a letter outlining the required changes, including a statement 1 estimated changes in costs, shall be delivered to the City. A supplement agreement shall be prepared by the City and approved by the City according to tt procedures described in Carlsbad Municipal Code Section 3.28.172. Suc Page 4 of 10 0 0 supplemental agreement shall not render ineffective or invalidate portions of thc agreement not ammended. 6. DURATION OF CONTRACT This Contract shall be in effect for a period of one year from the date of execution for three (3) additional one (1) year periods or portions thereof, based upon th' The contract may be extended by mutual agreement upon satisfactory performancc City's needs. 7. CONTRACTOR RESPONSIBLE FOR UNFORESEEN CONDITIONS The Contractor shall be responsible for all loss or damage arising out of the natur of the work or from the action of the elements or from any unforeseen difficultie which may arise or be encountered in the performance of the work prior t acceptance by the City. However, the Contractor shall not be responsible fc reasonable delays in the completion of the work caused by acts of God, storm weather, unanticipated extra work, or matters which the specifications express1 stipulate will be borne by City. 8. IMMIGRATION REFORM AND CONTROL ACT Contractor certifies that it is aware of the requirements of the Immigration Reforr and Control Act of 1986 (8 USC Sections 1 101 -1 525) and has complied withand WI continue to comply with these requirements, including, but not limited to, verifyin the eligibility for employment of all agents, employees, subcontractors, an Contractors that are included in this Contract. 9. INDEMNIFICATION Contractor shall assume the defense of, pay all expenses of defense, and indemnii and hold harmless the City, and its officers and employees, from all claims, 10s: damage, injury and liability of every kind, nature and description, directly ( indirectly arising from or in connection with the performance of the Contractor ( work; or from any failure or alleged failure of Contractor to comply with ar except for loss or damage which was caused solely by the active negligence of tt City; and from any and all claims, loss, damages, injury and liability, howsoever tt same may be caused, resulting directly or indirectly from the nature of the wol covered by the Contract, unless the loss or damage was caused solely by the acti\ negligence of the City. The expenses of defense include all costs and expenst including attorneys fees for litigation, arbitration, or other dispute resolution metho applicable law, rules or regulations including those relating to safety and healtl Page 5 of 10 0 e IO. INSURANCE Contractor shall procure and maintain for the duration of the contract insuranc against claims for injuries to persons or damage to property which may arise fror or in connection with the performance of the work hereunder by the Contractor, hi agents, representatives, employees or subcontractors. Said insurance shall me6 the City's policy for insurance as stated in Resolution No. 91-403 (attached). (A) COVERAGES AND LIMITS - Contractor shall maintain the types t coverages and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodi injury and property damage. If the policy has an aggregai limit, a separate aggregate in the amounts specified shall IC established for the risks for which the City or its agent officers or employees are additional insureds. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injul and property damage. In addition, the auto policy must covc anv vehicle used in the performance of the contract, USE onsite or offsite, whether owned, non-owned or hired, ar whether scheduled or non-scheduled. The auto insuranc certificate must state the coverage is for "any auto" and cannl be limited in any manner. 3. Workers' Compensation and Empiovers' Liability Insurance: Workers' compensation limits as required by the Labor COC of the State of California and Employers' Liability limits 1 $1,000,000 per incident. Workers' compensation offered t the State Compensation insurance Fund is acceptable to tt City. (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies insurance required under this agreement contain, or are endorsed contain, the following provisions. General Liability and Automobile Liabili Coverages: 1. The City, its officials, employees and volunteers are to be covered i additional insureds as respects: liability arising out of activitil pe~ormed by or on behalf of the Contractor; products and completc operations of the contractor; premises owned, leased, hired Page 6 of 10 e e borrowed by the contractor. The coverage shall contain no specia limitations on the scope of protection afforded to the City, its officials employees or volunteers. 2. The Contractor's insurance coverage shall be primary insurance a: respects the City, its officials, employees and volunteers. An! insurance or self-insurance maintained by the City, its officials insurance and shall not contribute with it. employees or volunteers shall be in excess of the contractof' 3. Any failure to comply with reporting provisions of the policies shall nc affect coverage provided to the City, its officials, employees c volunteers. 4. Coverage shall state that the contractor's insurance shall appl separately to each insured against whom claim is made or suit i brought, except with respect to the limits of the insurer's liability. (C) "CLAIMS MADEg POLICIES - If the insurance is provided on a "claims made basis, coverage shall be maintained for a period of three years following thl date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by thi agreement shall be endorsed to state that coverage shall not be suspendec voided, canceled, or reduced in coverage or limits except after thirty (3C days' priorwritten notice has been given to the City by certified mail, retur receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -An deductibles or self-insured retention levels must be declared to an approved by the City. At the option of the City, either: the insurer sha reduce or eliminate such deductibles or self-insured retention levels a respects the City, its officials and employees; or the contractor shall procur a bond guaranteeing payment of losses and related investigation, clail administration and defense expenses. (F) WAIVER OF SUBROGATION -All policies of insurance required under th agreement shall contain a waiver of all rights of subrogation the insurer mz have or may acquire against the City or any of its officials or employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors i insureds. under its policies or shall furnish separate certificates ar Page 7 of 10 e 0 endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VI and are authorized to do business within the State of California and are included ir the official publication of the Department of Insurance of the State oi California as allowed under the standards specified in by the City C~unci Resolution No. 91403 . (I) VERIFICATION OF COVERAGE - Contractor shall furnish the City witF certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer ta bind coverage on its behalf. The certificates and endorsements are to be in a form received and approved by the City before work commences. (J) COST OF INSURANCE - The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. AFFIRMATIVE ACTION Contractor certifies that in preforming under the purchase order awarded by the City of Carlsbad, it will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. 12. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under the control of the City only as to the result to be accomplished, but shall consult with the City as provided for i'n the request for proposal. me Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax Page 8 of 10 a e withholdings on behalf of the Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of the Contractor. The Contractor agrees to indemnify the City for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Contractor or any employee of the Contractor for work done under this agreement. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination upon request of the City, the Contractor shall assemble the work product anc deliver said product to City, along with all paperwork put in order for proper filins and closing. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the fec payable under paragraph 4. The City shall make the final determination as to thc portions of tasks completed and the compensation to be made. 15. DISPUTES If a dispute should arise regarding the performance of work under this agreement the following procedure shall be used to resolve any question of fact 01 interpretation not otherwise settled by agreement between parties. Suct questions, if they become identified as a part of a dispute among persons operatin< under the provisions of this contract, shall be reduced to writing by the principal o the Contractor or the City Purchasing Officer. A copy of such documented disputc shall be forwarded to both parties involved along with recommended methods o resolution which would be of benefit to both parties. The City Purchasing Office1 or principal receiving the letter shall reply to the letter along with a recommendec method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall bc forwarded to the City Council for their resolution through the Office of the Cit) Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon thc parties involved, although nothing in this procedure shall prohibit the partie: seeking remedies available to them at law. 16. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in thi: Contract shall be deemed to be inserted herein and included herein, and if, througt mistake or inadvertence, any such provision is not inserted, or is not correctl! Page 9 of 10 0 1 0 inserted, then upon application of either party, the Contract shall forthwith be amended to make such insertion or correction. 17, ADDITIONAL PROVISIONS Any additional provisions of this agreement will be set forth as "General Provisions or "Special Provisions" attached hereto and made a part hereof. In witness whereof, the parties hereto have set their hands the day and year first abovc written: CONTRACTOR: Clry OF (WX (Name of Contractor) By: (Tat-x., ''1 (.J ). .. - ' y- (Sign Here) TAMES -r F0R-R (Print Name Here) ATTEST: TAR~S !6MMOhlld34. bid-^ 2. bh (Title and Organization of Signatory) ALETHA L. RAUTENKRANZ City Clerk Approved as to Form RONALD R. BALL Cityn-. ~ ~, By: Wity Attorney 6 fG. 9 c, "I Page 10 of 10