HomeMy WebLinkAbout2003-08-19; City Council; 17287; Senior Center Meal Services ContractAB# 17,287 TITLE:
MTG. 8-19-03 AWARD OF AN AGREEMENT
DEPT. FIN
ACCEPTANCE OF A PROPOSAL &
FOR SENIOR CENTER MEAL SERVICES
RECOMMENDED ACTION:
. DEPT. HD\?- !w
CITY ATTY.
CITY MGR %
Staff recommends Council adopt Resolution No. 2003-222 , accepting the proposal of, and
awarding an agreement to "Delstaab Inc., A Taste of Europe" for meal preparation services for the
Carlsbad Senior Center.
ITEM EXPLANATION:
The City of Carlsbad Senior Center serves approximately 100 congregate meals each weekday in
their facility as part of their Senior Citizen Nutrition Program. This number can increase 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
February 2000 began to provide service to the City that fell below the standards of the San Diego
County Aging and Independence Services (AIS) Office and the Carlsbad Senior Center staff.
Additionally, the current contractor has not returned executed documents to extend the agreement
although staff has made repeated requests. Staff decided not to continue to pursue agreement
renewal and issued a request for proposal for a new agreement.
In accordance with Section 3.28.140 of the Municipal Code, requests for proposals were sent to eight
organizations. Proposals were received from two companies. The proposals were evaluated by
Senior Center personnel in the areas of overall responsiveness to the request for proposal, cost of
meals, strength of references, a sample meal, food service experience, and an inspection of food
preparation facilities. A dietician from San Diego County AIS assisted in facility inspection. Evaluation
totals and proposed cost of meals are tabulated below:
Evaluation Total Meal Cost
Congregate Home
Delstaab Inc., A
Taste of Europe
460 $3.95 $4.25
Martin's Restaurant 290 $3.85 $4.25
Although Martin's Restaurant offered a slightly lower price for congregate meals, Delstaab was scored higher by the evaluators in every other category.
(Continued, next page)
PAGE 2 OF AGENDA BILL NO. l7, 287
F
FISCAL IMPACT:
Meal costs will increase by approximately 12 percent for congregate meals and 9 percent for home
meals over the prices in the last contract.
The annual costs for all meals is not to exceed $200,000 without further authorization. Funding for
this project is available from grants received from San Diego County and the annual Senior Center
budget.
EXHl BITS:
1. Resolution No. 2003-222 , accepting the proposal of, and awarding an agreement to
“Delstaab Inc., A Taste of Europe” for meal preparation services for the Carlsbad Senior Center.
Department Contact: Kevin Davis, 760-602-2466, kdavi Bci.carlsabd.ca.us
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RESOLUTION NO. 2003-222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, 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 procedures have resulted in the receipt of a proposal from
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
a
qualified contractor;
California, as follows:
1. That the above recitations are true and correct.
2. The proposal of "Delstaab Inc., A Taste of Europe", PO Box 832, Carlsbad, CA
9201 8, is hereby accepted.
3. 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 19th day of AUGUST , 2003, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Packard
NOES: None
ABSENT: Council Member Hall
ATTEST:
(SEAL)
/'.
AB 17,287
Reso 2003-22
8-19-03
AGREEMENT FOR SENIOR CENTER MEAL SERVICES
DELSTAAB INC, A TASTE OF EUROPE
THIS AGREEMENT is made and entered into as of the 25-a day of , 2003, by and between the CITY OF CARLSBAD, a municipal
ity"), and DELSTAAB INC, A TASTE OF EUROPE, a corporation, ("Contractor").
RECITALS
A. City requires the professional services of a food preparation and service
6. Contractor has the necessary experience in providing professional services and
C. Selection of Contractor is expected to achieve the desired results in an expedited
D. Contractor has submitted a proposal to City and has affirmed its willingness and
contractor that is experienced in providing meals and meal service.
advice related to food service contracting.
fashion.
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"(including attachments 1, 2 and 3), 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 two hundred thousand dollars
($200,000.00) per Agreement year. 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 for each and every provision of this Agreement.
TIME IS OF THE ESSENCE
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term will not
exceed two hundred thousand dollars ($200,00.00). Cost-per-meal will be as indicated in Exhibit "A. No other compensation for the Services will be allowed except for items covered by
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subsequent amendments to this Agreement. The City reserves the right to withhold a ten
percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A"
(including attachments 1, 2 and 3).
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.
a. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused in whole or in part by
any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable.
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 this Agreement.
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10. 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 Coveraaes 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 Liabilitv Insurance. $3,000,000 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 Liabilitv. $1,000,000 combined single-limit per accident for
bodily injury and property damage.
10.1.3 Workers' Compensation and Employer'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.
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 Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
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
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
Providina Certificates of Insurance and Endorsements. Prior to City's execution of this
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
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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
and certified copies of any or all required insurance policies and endorsements.
Submission of Insurance Policies. City reserves the right to require, at anytime, complete
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, and activities related to the Agreement for a period of
three (3) years from the date of final payment under this Agreement.
13. 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.
14. 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.
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.
15. 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.
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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, subcontractors and consultants have
any ancillary real property, business interests or income that will be affected by this Agreement
or, alternatively, that Contractor will file with the City an affidavit disclosing this interest.
16. , 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.
17. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
18. 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 (1 0) 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.
19. 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.
Either party upon tendering thirty (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
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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.
20. 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.
21. 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.
22. 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.
23. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement 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.
24. 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.
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25. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
ATTEST:
LORRAINE M. WOOD v?yLLw?m& ,imi 8emhy City Clerk (print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Coworation, Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group 6.
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@) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
Deputy City Attorney
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City Attorney Approved Version #04.01.02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
personally appeared , Name(s) of Signer(s) I
@me basis of satisfactory
evidence
PI
Notary Public-California SANDIEGO COUNTY =
Place Notary Seal Above
to be the perso@whose nam@-&@
subscribed to the within instrument and
acknowledged to me that ey executed
the same eir authori
signatur ca pacityg; s n ':ndq* the instrument the pers their
the entity upon behalf of which the persa
acted, executed the instrument.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type af Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
B 1999 Nalmal Nolaw ASSmiaUon - 9350 De Solo Ave P 0 Box 2402 * Chatsworth. CA 91313-2402 * www nallonalnotarv org Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
SCOPE OF SERVICES
1. The City and the Contractor will create menus that comply with
specifications herein and attached. The City and 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. Ab1 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 11 below.
2. The Contractor will prepare approximately 100 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 $3.95 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 $4.25 each
for home meals. The number of requested meals may be below these
numbers. Also, the Contractor will prepare frozen home meals as need
by the City. The City will be charged $4.25 each for frozen home meals.
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, AIS 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. In addition, all
food prepared for the City will be prepared in a Health Certified Kitchen.
Upon request, the Contractor will deliver to the City a copy of the
Contractor's last Health Inspection Report, beginning with the last
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restaurant operated by the Contractor. Upon request, the Contractor will
deliver to the City a copy of the Contractor's latest Food Manager's
Certificate.
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. Contractor may deliver
uncooked food items if requested in advance by the City. 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.
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 related to the performance of
this contract 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.
1 1. The Contractor shall report any deviations from the approved menu to
the Recreation Specialist or City menu planner 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.
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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.
Temperature records shall include:
Food prep.
CoolDown.
Storage.
0 Refrigeration & freezer equipment (at facility opening & closing.
0 Temperature of perishable food before loading for delivery.
Sample logs are found in Exhibit “A”, Attachment 2.
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. City-
provided containers will be used by the Contractor solely for the
performance of this contract.
15. Contractor bonding requirements will be waived for this contract.
16.
22, California Code of Regulations, beginning with 37638.5.
Additional requirements are found in Exhibit “A”, Attachment 1: Title
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 schedule menus up to 3
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.
19. 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.
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20. 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
under consideration: ingredients, preparation method, serving method
and proposed packaging for delivery. New menu items must be approved
by the City before their use.
21. 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 meetinq, in the City’s opinion, the specifications discussed in
this contract, referenced documents and approved menus. Substandard
meals may include, but are not limited to, under-sized portions. missing
items, over-cooked items, poor aualitv food items, and burnt food. Food
may be procured by 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 necessaw to replace these
meals. Even if deductions are made for missing or substandard meals,
these situations are considered unacceptable.
If a shortage is a missing item from the menu, and is not delivered to the
City by service time, the following amounts will be credited by the
Contractor for the missing amounts of portions:
Entree - 48% of meal cost
Vegetable 1 - 10% of meal cost
Fruit or Vegetable 2 - 10% of meal cost
Starch - 10% of meal cost
Milk - 10% of meal cost
Dessert - 10% of meal cost
Condiments, if appl. - 2% of meal cost
22. 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 propetty of City.
23. 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.
4
24. 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.
25. Since the number of meals to be served changes daily, the City will
telephone or fax 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.
26. The City will provide home delivered meal transport containers to hold
individual meal containers and maintain proper food temperatures.
27. 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
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.
28. 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.
5
ATTACHMENT 1
TITLE 22. CALIFORNIA CODE OF REGULATIONS
DIVISION1.8 CALIFORNIA DEPARTMENT OF AGING
(SELECTED PARAGRAPHS)
57638.5 Nutrition Requirements of Meals.
(a) Compliance with dietary guidelines:
(1) In accordance with Section 339 of the OAA (42 U.S.C. 3030g-21), each
meal shall provide the following to participating individuals:
(A) If the program provides one (1) meal per day, a minimum of one-third (1/3)
of the RDAs as established by the Food and Nutrition Board, National Academy of
Sciences-National Research Council (1 989) which are incorporated by reference.
(B) If the program provides two (2) meals per day a minimum of two-thirds (2/3)
of the RDAs.
(C) If the program provides three (3) meals per day, one hundred (100) percent
of the RDAs.
(2) Meals shall comply with the Dietary Guidelines for Americans (Fifth edition,
2000), published by the USDA and the U.S. Department of Health and Human
Services, which is incorporated by reference.
(b) A meal analysis approved by a registered dietitian shall be done to ensure
(1) The meal analysis shall be based on either:
(A) The component criteria developed by the Department, as found in
(B) A detailed nutritional analysis, as found in subsection (e) below.
compliance with subsection (a) above.
subsection (d)(l-8) below, or,
(c) Food substitutions to meals originally planned must meet the requirements
of this Section and be approved by a registered dietitian.
(d) Meals using the component criteria developed by the Department shall
ensure compliance with subsection (a) above by conforming to the following:
(1) Each meal shall provide a weekly average caloric range of 600 to 800
kilocalories per meal.
(2) Each meal shall provide a three (3) ounce cooked edible portion of meat,
fish', poultry, eggs, cheese, or the protein equivalent daily.
(3) Each meal shall contain at least two (2) one-half (14 cup servings, drained
weight or volume, of different vegetables or fruits or their juices.
(4) Each meal shall contain at least one (1) serving of whole grain or enriched
6
bread, or bread alternatives.
(5) Each meal shall contain eight (8) ounces of fortified fat-free milk, low-fat
milk, or buttermilk, or the calcium equivalent to one-third (1/3) of the RDAs.
(6) Each meal shall contain one-half (1/2) cup serving of a dessert.
(7) Each meal shall provide a food(s) containing a minimum of 30 milligrams of
Vitamin C. Partial strength or simulated fruit juices or drinks, when fortified with Vitamin
C, may count as a Vitamin C source if at least two (2) servings of fruits and/or
vegetables are included in the meal.
(8) A food(s) containing a minimum of 300 micrograms of Vitamin A shall be
served at least three (3) times per week for a five (5)-days a week menu, and
four (4) times per week for a seven (7)-days a week menu.
(e) Meals using a detailed nutritional analysis shall conform to the following:
(1) A detailed nutritional analysis, which ensures compliance with subsection
(A) Vitamins: A, B (niacin, riboflavin folic acid thiamine, 612), C, D, and E.
(B) Minerals: calcium, iron, zinc, and magnesium.
(C) Fiber and kilocalories.
(2) Meals shall be analyzed on a weekly basis.
(a) above, shall identify, at a minimum, the values for the following:
(f) Menus shall:
(1) Be planned for a minimum of four (4) weeks.
(2) Be posted in a location easily seen by participants at each congregate meal
site.
(3) Be legible and easy to read in the language of the majority of the
participants.
(4) Reflect cultural and ethnic dietary needs of participants, when feasible and appropriate.
Note: Authority cited: Sections 9102 and 9105, Welfare and institutions Code. Reference: 42
U.S.C. 30309-21.
7
ArrACHMENT 2
5 SAMPLE TEMPERATURE LOGS
TEMPERATURE RELATED FOOD HANDLING GUIDELINES
8
I REFRIGERATORlFREEZER TEMPERATURE RECORD CHART I
Month: Year Maintain: 0 F Degree for Freezer
the freezer. Contact your Supervisor immediafelv.
TEMPERATURE LOG
SITE:
HOME DELIVERED MEAL
TEMPERATURE LOG
MONTH OF:
COOL DOWN LOG
+
TIME IN/TEMP/
INITIAL
MONTH:
INITIAL INITIAL
TIMETTEMP/ I I INITIAL
DAILY
DRIVER’S LOG
Route #
Driver
Odometer Begin: End:
NAME
ADDRESS
PHONE
Date:
Food Temp at end of route
Entree:
Starch: Veg:
Milk:
Other:
I #MEALS/HOT 1 FROZEN to
DELIVER
COMMENTS
TOTAL NEEDED HOT: FROZEN:
TOTAL DELIVERED HOT: FROZEN:
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ATTACHMENT 3
EMPLOYEE CERTIFICATION
Each claim the Contractor submits to the City for payment must contain a certification
signed by the person executing the claim that no one employed by the Contractor
(employee or subcontractor) has been debarred or excluded from participation in federal
programs by the General Services Administration (GSA) and/or the United States
Department of Health and Human Services Office of the Inspector General (OIG). All
employees/subcontractors can be checked via the following web sites:
OIG: www.oiq. hhs.qov/f raud.exclusions/listofexcluded. html
GSA: http://epIs.arnet.qov/servlet/EPLSSearchMain/l
Required language or claims/invoices:
“I certify, under penalty of perjury under the laws of the State of California, that no
employee providing services under the terms and conditions of this contract is currently
listed on the GSA Excluded Parties List or the OIG List of Excluded Individuals/Entities.”
A sample chart for your internal use follows this page.
9
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