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