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HomeMy WebLinkAbout2002-02-19; City Council; 16662; Agreement for Senior Center Meal ServicesCITY OF CARLSBAD - AGENDA BILL B # IL,b6d TITLE: ACCEPTANCE OF A PROPOSAL & EPT. PCH FOR SENIOR CENTER MEAL SERVICES ECOMMENDED ACTION: CITY MGR.= TG. a-lwa AWARD OF AN AGREEMENT Staff recommends Council adopt Resolution No. Jooa.058, accepting the proposal of, and awarding an agreement to Foodserv Management, a division of Crystal Catering, for meal preparation services at the Carlsbad Senior Center. ITEM EXPLANATION The City of Carlsbad Senior Center serves approximately 150 congregate meals each weekday in their facility as part of their Senior Citizen Nutrition Program. This number increases to about 250 meals on Thanksgiving, Christmas and other special events. In addition, the Senior Center delivers over 250 meals per week to the homes of senior citizens. Frozen home meals are offered for use as evening or weekend meals. These services have been offered to the community since Council approval in 1987. Unfortunately, the Contractor with which the City entered into an agreement in March 2000 provided service to the City that fell below the standards of the San Diego County Aging and Independence Services Office and the Carlsbad Senior Center staff. Staff decided not to renew that agreement, contracted with an organization to provide meals on a temporary basis, and issued a request for proposal for a new agreement. ten organizations. Ranch Catering submitted the only proposal. The proposal was evaluated in In accordance with Section 3.28.140 of the Municipal Code requests for proposals were sent to the areas of overall responsiveness to the RFP, cost of meals, strength of references (including services to the City of Carlsbad), and food service experience. Senior Center Staff found that Ranch Catering is located about 33 miles from the Senior Center. This caused concern in the areas of food holding times and reliability of delivery times. There is a two-hour food holding time specification stated by the County. Staff is concerned that if there is any significant traffic congestion this time would be exceeded and meals would arrive unfit to consume. Also, by attempting to prepare meals earlier to assure meals arrive on time, there is the increased chance that meals wuld arrive after expiration of proper meal holding time. When Staff evaluated the references for Ranch Catering, they found weaknesses in their bulk catered meal services. The references were not positive enough to consider an effort to overcome the distance issue with this caterer. Based on the evaluation by the Senior Program Coordinator and staff, it was recommended to Council that the proposal be rejected and a new request for proposal process be authorized. Council authorized this course of action in Agenda Bill Number 16,206, Resolution Number 2001-158, dated 6/5/01. (Continued, next page) I PAGE 2 -ACCEPTANCE OF A PROPOSAL 6 AWARD OF AN AGREEMENT FOR SENIOR CENTER MEAL SERVICES Staff canvassed vendors who received previous request for proposal (RFP) packages to determine the reasons for the lack of response. Vendors responded that they were not interested or that the service requirements were too complicated. However, staff found two Affair. The Purchasing Department re-issued a slightly modified RFP package to two organizations who were willing to submit proposals, Foodserv Management and A Kwik Catered organizations. After evaluation of the proposals by the Senior Center staff, the services offered by Foodserv Management, a Division of Crystal Catering, were determined to be the best interest of the City. FISCAL IMPACT Meal costs will increase by approximately 7 percent over the prices in the last contract. The cost per meal for congregate meals will be $3.49 and $3.85 for home meals. The annual costs for all meals is not to exceed $151,500 and funds are available in the Senior Center budget to cover this cost. EXHIBITS Resolution NO. 2002 -05Y Agreement and Amendment with Foodserv Management, A Division of Crystal Catering. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 2002-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. ACCEPTING A PROPOSAL AND AWARDING AN AGREEMENT. WHEREAS, the City of Carlsbad requires the services of a meal preparation contractor to support the Senior Citizen Nutrition Program, and; WHEREAS, proper bidding procedures have resulted in the receipt of a.proposal from a qualified contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The proposal of Foodserv Management a Division of Crystal Catering, 263 Airport Road, Oceanside California is hereby accepted. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an agreement for these services, a copy of which is attached hereto, for and on behalf of the City of Carlsbad for a period of one (1) year with the option for the City Manager to extend and amend the agreement for four (4) additional one (1) year periods. 3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for these services. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the - 19th day of FEBRUARY ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ATTEST: n 3 AGREEMENT FOR SENIOR CENTER MEAL SERVICES FUODSERV MANAGENIEKT, A DMSlON OF CRYSTAL CATERlNG THIS AGREEMENT is made.and entered into as of the 22 Np day of corporation, ("City*)), and FOODSERV MANAGEMENT, A DIVISION OF CRYSTAL CATERING, a corporation, ("Contractor"). F-EEXUf%LV 9- 20 o 2, by and between the CITY OF CARLSBAD, a municipal RECITALS A. City requires the professional services of a food preparation and service B. Contractor has the necessary experience in providing professional C. Selection of Contractor is expected to achieve the desired results in an D. Contractor has submitted a proposal to City and has affirmed its contractor that is experienced in providing meals and meal service. services and advice related to food service contracting. expedited fashion. willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services [the "Services") that are defined in attached Exhibit 'A, which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof in an amount not to exceed $151,500.00 annually. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 1 City Attorney Appmved Version #05.22.01 5. CbrnSARbN The total fee payable for the Services to be performed during the initial Agreement term will be $3.49 Der meal for conqreqate meals and $3.85 for home meals, not to exceed $151,500.00 annually. Payment for meals will be subject to terms and conditions stated in Exhibit "A. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Except as to the sole negligence or willful misconduct of City, Contractor will defend, indemnify and hold City, its officers, agents and employees, harmless from any and all 2 City Attorney Approved Version #05.22.01 5 loss, damage, claims, demands, liability, expense or cost, including attorney's fees, which arises out of, or is in any way connected with the performance of, the Services by Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding that City may have benefited from their services. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. IO. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to-property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverases and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, . unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' ComDensation and EmDlover's Liabilitv. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 3 City Attorney Approved Version Kl5.22.01 6 ?O.T.4 Professional Liabrifv. Errors and omissions liability appropriate fo Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability. Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providins Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverase. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may.collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, 4 City Attorney Approved Version W5.22.01 7 and activities related to the Agreement for a period of three (3) years from the date of final payment under fhis Agreement 13. OWNERSHIP OF DOCUMENTS All documents produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all documents produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to, City. Contractor will have the right to make one (1) copy of the documents for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of contractor under this Agreement. For Citv: For Contractor: Senior Services Manager or Site Manager Senior Center City of Carlsbad 799 Pine Avenue Carlsbad CA 92008 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, City Attorney Approved Version #05.22.01 5 subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor wifl file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. 6 City Attorney Approved Version #05.22.01 7 Either party upon tendering fhirfy (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, . other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach.or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 7 City Attorney Approved Version KJ5.22.01 24. SUCCESSORS AND ASSIGNS ft is mufually understood and agreed that this Agreemenf will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill a City Attorney Approved Version #05.22.01 /I 26. AUTHORITY The individuals executing fhis Agreement and the instruments referenced in it on behalf of Contractor each represent aid warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: fL, /+fL9y&&yb Deputy City Attorney 9 City Attorney Approved Version #05.22.01 before me, NAME, m OF OFFICER. E.G.. 'JANE WE. N~TARV PUBLI personally appeared k/(, h x . personally known to me - OR - to be the person(s) whose name(s) ie subscribed to the within instrument and ac- knowledged to me that hekhemexecuted the same in hidher/- authorized capacity(ies), and that by his/her/m signature(@ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent ~ fraudulent reattachment of this form. ! CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER mlsl 0 'PARTNEWS) LlMmD GENERAL 0 AlTORNEY-IN-FACT 0 TRUSTEE(S) GUARDIANCONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING WE OF PERsoN(s) OR WrmrrSl SIGNER(S) OTHER THAN NAMED ABOVE I EXHIBIT “A” SCOPE OF SERVICES 1. The Contractor will create menus that comply with specifications herein and attached. The Contractor shall assure that all meals meet the standards of Title 111 of the Older Americans Act, and Nutritional Guidelines of the County of San Diego Aging and Independence Services (A.I.S.). Contractor will comply fully with all requirements of the California Department of Aging Program Manual including the two sections attached hereto. All menus must be written in at least four week cycles and submitted to an A.I.S. nutritionist at least two weeks before they are to be used. Only menus approved by this nutritionist are to be used as a guide to meal preparation with the exception of deviations as discussed in paragraph (k) below. 2. The Contractor will prepare approximately 150 congregate meals per day Monday through Friday except on holidays designated by the City. The City will give an exact number for daily preparation. Meals per day may increase’ to approximately 250 meals per day for Thanksgiving, Christmas and other special events. The City will be charged $3.49 per meal for congregate meals. The number of requested meals may be below these numbers. 3. The Contractor will prepare approximately 45 home meals per day to be provided Monday through Friday; The City will be charged $3.85 for home meals. The number of requested meals may be below these numbers. 10 City Attorney Approved Version tm5.22.01 /4 4. The Contractor will provide both individual home meals in disposable, one-time-use meal containers, with covers. The contractor will provide these containers. The containers must keep different food items separated (e.g., using tray compartments), and allow for sanitary transport of food. 5. The Contractor shall comply with all federal, state, and local laws and regulations governing the preparation and handling of food; and procure and keep in effect all necessary licenses, permits and food handlers' cards required by law; and post such licenses, permits and cards in a prominent place within the meal preparation areas. 6. The Contractor shall make all meals for the day available for pick-up by the City no later than 1O:OO a.m. at the Contractor's facility. If the meals are to be delivered by the Contractor, they shall arrive at the City's location no later than 10:30 a.m. The delivery location is: City of Carlsbad Senior Center, 799 Pine Avenue, Carlsbad California. Exceptions must be mutually agreed upon, by both the City and the Contractor before changes are made regarding delivery. If the Contractor delivers food to the City, the vehicle used will be pre-approved by City personnel for suitability. In any case, the Contractor is responsible for delivering items to the City that were omitted or shorted immediately after the error is noticed by the City. 7. The Contractor shall be responsible for ordering, purchasing, and paying for raw food items and consumable supplies to be used in the preparation of all meals. Food preparation shall occur at the Contractor's site and under supervision of Contractor's employees. Contractor will not deliver over-cooked or under-cooked food items. Fresh 'or frozen vegetables will be cooked only to the point of tenderness at time of delivery to the City. All vegetables served as side dishes will be USDA Grade A (fancy). Fresh fruit will be served at least once a week. City Attorney Approved Version #05.22.01 11 , 15 8. Contractor will prepare a quantity of food necessary to assure that shortages do not occur due to minor serving errors. The size of serving portions necessary to meet nutritional requirements will be communicated to the City with each meal. 9. The Contractor will allow the City and the A.I.S. to have access to the Contractor's purchase documents and records, as well as food preparation, packaging and storage areas to determine the adequacy of the Contractor's purchasing, nutrition, and sanitation practices regarding meals provided under this contract. 10. The Contractor shall comply with all applicable federal, state and local laws and regulations pertaining to wages and hours of employment. 11. The Contractor shall report any deviations from the approved menu to the City Project Manager and the A.I.S. no later than one week before the unapproved meal is prepared, whenever possible. Menu item substitutions must be approved by the City but are negotiable. The Contractor will maintain the capability to accept occasional menu changes from the City with a minimum of a one-week notice. 12. The Contractor and City shall jointly maintain a temperature record documentation system and said temperature record will be implemented and maintained to insure sanitary and safe food handling procedures. 13. The Contractor will supply information to the City for project reports as needed (e.g., actual labor costs and raw food costs). 14. The Contractor will replace, with like kind, or pay for replacement of, all City owned equipment used for food service that is lost or damaged, excluding normal wear and tear, due to Contractor's actions. 12 City Attorney Approved Version #05.22.01 16 15. Contractor bonding requirements will be waived for this contract. 16. Additional requirements are found in the attachments titled "147.8 Menu Requirements" (excluding paragraph f, subparagraphs 2, 3 & 4; and paragraph g, subparagraphs 2 & 3) and "149 Food Service Subcontract Provisions". 17. Contractor certifies that in performing 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. 18. The Contractor and the City will work to establish a 6-week menu rotation schedule. 19. The Contractor and the City will work to schedule menus up to 6 months in advance. This includes those special meals (e.g., holiday and special event meals) that can be predicted. Non-scheduled special event meals will be planned, and the per-meal cost negotiated, on a case-by- case basis. The Contractor will allow for occasional menu changes by the City due to diner preferences, food preparation or service difficulties, etc. 20. Menu items that are part of the approved normal menu rotation will be standardized as to menu item name, ingredients used, preparation method and manner in which delivered to the City. All meals delivered on any one day will have identical ingredient items. 21. The City and Contractor will work together to approve new menu items and changes in current menu items that will be added to the menu rotation. The Contractor shall provide to the City for all new menu items 13 City Attorney Approved Version #05.22.01 /7 under consideration: ingredients, preparation method, serving method and proposed packaging for delivery. New menu items must be approved by the City before their use. 22. At the time of meal transfer to the City, the City will account for the items delivered and sign a Contractor provided receipt for those items. Discrepancies will be noted on the receipt form by the City. Only large containers will be counted (e.g., pans, trays, cases, boxes, packages). A detailed inventory will not be conducted (e.g., number of servings, number of milk cartons, number of rolls). Each menu item will be listed as a separate line item, (e.g., “salad with dressing on the side” will be listed as ”salad” and “dressing”). The Citv shall not be required to pay for food or service not meetina. in the City’s opinion, the specifications discussed in this contract, referenced documents and approved menus. Substandard meals mav include, but are not limited to, under-sized portions, missinq items, over-cooked items, poor quality food items, and burnt food. Food may be procured bv the City from alternate sources at the Contractor’s expense if the Contractor fails to deliver meals, portions of meals or suitable meals. The City has the riqht to deduct from fees paid to the Contractor the cost of food and preparation necessary to replace these meals. Even if deductions are made for missina or substandard meals, these situations are considered unacceptable. 23. The City shall provide two (2) sets of containers suitable for delivery of congregate meals and so that they may be rotated with a clean set returned by the City each day to the Contractor for the preparation of future meals. All such containers will be the property of City. 24. The City shall provide a driver and vehicle for pick up of the food and its delivery to the City, as well as any devices necessary to insure adequate sanitary practices for handling the food in transit. 14 City Attorney Approved Version #05.22.01 /Y 25. The City shall notify the Contractor of any variation from the current menu no less than one week before the meals are to be served. Contractor shall work with the City to comply with reasonable special menu requests for special events. A "Special Event" meal schedule will be provided to the Contractor that may include specific meal items. Prices for and availability of unplanned meals (meals not on the normal rotation or on the special event list) will be negotiated with the contractor, The Contractor may assume that menu variations received from the City have been approved by the A.I.S. nutritionist. If the Contractor determines that they cannot comply with the menu change, the reason for non-compliance will be communicated to the City within 24 hours after receipt of the request. A subsequent negotiation between both parties will take place to reach a reasonable compromise. 26. Since the number of meals to- be served changes daily, the City will telephone the Contractor the day before the meals are served to notify the Contractor of the approximate number of each type of meal needed. If more than 200 meals are to be served, the City will try to give the Contractor a minimum of three days notice. The City will inform the Contractor of the final count by 9:00 AM on the day of service. The final count will be within 10% of the estimated count. 27. The City will provide home delivered meal transport containers to hold individual meal containers and maintain proper food temperatures. 28. The City agrees to provide beverages (not including milk and any beverage provided as a part of the nutritional meal requirements), and all cutlery, service utensils, trays and other non-dietary items not specifically otherwise stated to be the Contractor's responsibility. All condiments 15 City Attorney Approved Version M5.22.01 P7 normally associated with food items to be served will be provided by the Contractor and be shown on menus submitted to the City for approval. 29. Meal assessments shall be conducted by the City on an on-going basis. The Contractor shall work with the City to comply with reasonable requests for changes in food type, preparation method and quality. Records will be maintained by City staff documenting the quality of food and service received from the Contractor. These records will be made available to the Contractor upon request. 30. Both parties agree that the Carlsbad Nutrition Project Council shall review and comment on menus. The City has the option of naming two (2) Project Council Members who will assist the Contractor in quarterly menu preparation. 16 City Attorney Approved Version W5.22.01 63 3. 100 percmt of the RD& If the pro)& pmvides 3 meals pcr day and E-21 199s 2 / i H-22 22 1995 IC) Meat altematlves may be used once per week or In ' accordance wlth the partlclpantb food pmfercnccr. Meat altcmatlves Include cooked. drled beans. peas. lentlls. made from thcse foods. nuts. nut butter (peanut butter and otherd. or products 3. Each meal shall contain at least.two (2) one-half cup wings. Juins: drained wclght or volume. of dllnvcnt ngetables or fruits or the* id A llst of vltarmn C-rich foods . IS found In AppaUitK- 7. 6. Each meal shall contali at least one scmng of whok gram or enriched bread. bIscults, mumpr. rolls. .andarlch. buns. corn bread and other hot breads. or bread altunatlveo. Bread . altunatlvcs include mnched or whole grain cereals. rlcc. spaglietU. maceroni. noodles. dumpltngs. pincaks. Wames. and tOItIllaS: E-23 1995 I (rev. 1 /13/95) .. I 1. Menus shall be: E-24 27 1995 Irev. 1/13/95) 147.8 (cont.) 3. . X-26 1905 1' i (rw. 1/13/95) IC) Assessment of the participant by the program dletltian validates the need and the partlclpant's abUty to rcmalll on the therapeutic dht for meals not supplled by the prwtdcr. and Id) Reassessment of need by the pmgram dlctltlan shall be . determlncd no less than every slx months. and It Is rrcommended that 11 be done quarterty. 4. Each pder shall have a cumnt dlet manual approMd by thelr dlactlan or the JUU dieutlan Uthera~~utlc dlets art gmvlded. 2" x-37 (rev. 1/13/95) 9. serv)ng utenslls nadles. scoops. etrl b. Menus 1. Written by whom 2. CauRCdbywhom 3. compllancc WIth flue m mcal pattern IeqUlrrinentD as Specmed In SubsectJon 147.8 4. When menus are to be submitted Tos revkw a Approval of SUbSutUtt~ C Sanits11on 1. CompUanc~ Wltb icdeiel. State. and local regulations and 2. Rrparatlon racElty inspected by the Id health depamt p" or s,~bsccuon 147 annually 3. Inspecllon.bypmvtda.offood~.padralpneaad~ areas prior to srgnlng contract and whmcvn necessary lhcrcaflcr for redd. State ma audit/-cnt purposes 4. Food handllngpradlccs 5. Malntenance and ,monltorlng of appropriate temperatures throughout storage. preparation, and dellvery ahall be done. Documcntatlon of temperature checks shall be kept on fIk and pmvlded far monUorAng. €I-38 (rev. 1/13/95] 149.6 (cont.) x-39 199s trcv. 1/13/95) 149.6 Icont.) €I-40 1995