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HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-2781 RESOLUTION NO. 9013-278 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, ACCEPTING A PROPOSAL AND AWARDING A CONTRACT TO ESSENCO, INC. FOR MEAL PREPARATION SERVICES 4 FOR THE CARLSBAD SENIOR CENTER. 5 6 WHEREAS, the City of Carlsbad requires the services of a meal preparation contractor to 7 support the Senior Center Nutrition program; and 8 WHEREAS, proper procedures have resulted in the receipt of proposals from two 9 vendors; and 10 WHEREAS, using a best value analysis, a qualified vendor who can successfully provide 11 the required services for the Senior Center Nutrition program has been selected. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California 13 as follows: 14 15 17 18 19 23 24 25 26 1. That the above recitations are true and correct. 2. The proposal from "EssenCo, Inc.", 3753 Mission Ave. #115, Oceanside, CA 92058 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 20 periods. 21 // 22 // // // // 27 // 28 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 3'"^ day of December 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Oty Clerk AGREEMENT FOR SENIOR CENTER MEAL SERVICES ESSENCO, INC. THIS AGREEMENT is made and entered into as of the day of Dg<:<^iv\^tS4^ , 20 fg. by and between the CITY OF CARLSBAD, a municipal Gorporation. ("City"), and ESSENCO, INC., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a Food Preparation & Service Contractor that is experienced in providing meals & meal service. B. Contractor has the necessary experience in providing professional services and advice related to Food Service Contracting. C. Selection of Contractor is expected to achieve the desired result in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its 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 One Hundred Ninety-Eight Thousand Eight Hundred dollars ($198,800) per agreement year. Extensions will be based upon a satisfactory review of the 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. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed One Hundred Ninety-Eight Thousand Eight Hundred dollars ($198,800) and wiil be billed at the rate set forth in Exhibit "A". No other compensation for the Services will be allowed except for items covered by 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". City Attorney Approved Version 1/30/13 5 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perfonn 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 wori< 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 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 attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct 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 eariy termination of this Agreement. 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 City Attorney Approved Version 1/30/13 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-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits Indicated below, unless Risk Manager 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 Liabilitv. (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' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to 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. ^ijk^ "{^jl^ [j^ If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 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 Commercial General Liability which shall provide primary coverage to the City. 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 mall pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of Insurance and endorsements to City. City Attorney Approved Version 1/30/13 7 10.4 Failure to Maintain Coverage. If Contractor falls 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 Carisbad 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 cleariy 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. OWNERSHIP OF DOCUMENTS All work product 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 work product 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 work product 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 Name Kevin Granse Name Otmar Staab / Maureen de Long Title Recreation Area Manager Title President / Secretary Department Parks & Recreation Address 3753 Mission Ave. #115 City of Carisbad Oceanside, CA 92058 Address 799 Pine Ave. Phone No. (760)450-0097 Carisbad, CA 92008 Email maureen.otmar@gmail.com Phone No. (760)602-4682 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. City Attorney Approved Version 1/30/13 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report Investments or interests in all four categories. 17. GENERAL COMPUANCE 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 whose services are 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 othenA/ise 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 (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonA/arded 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 tenninate 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 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 City Attorney Approved Version 1/30/13 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 wan-anty. City will have the right to annul this Agreement without liability, or. In its discretion, to deduct from the Agreement price or consideration, or othenA/ise 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 seq.. 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. 24. 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. 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. /// /// City Attorney Approved Version 1/30/13 10 26. 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 tenns and conditions of this Agreement. CONTRACTOR By: (sign here) 0{uu^^ . Ft (print name/title) (print name/title) ^ * CITY OF CARLSBAD, a municipal corporation of the State of California layor ATTEST: BARBARA ENGLESON 0 ify Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. 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: CELIA A<Br5i5VE^City Attorney sistant City Attorney SEE ATTACHED FOR OFRCIAL NOTARY WORDING City Attomey Approved Version 1/30/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 State of CaliforQia County On before Dafe ' 7 ] me, personally appeared Here Insert Name aiid Titi^ of the aim Name(s) of Signer(s) OOflEENROfNIlQUEZ CommiMion #1966203 Notify PMI^ * CMloniii Sm DiMo CoMOitf 1 SComm. fatim Jon 6.20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person® whose name^ia/are subscribed to the within instrument and acknowledged to me that hs5^stTC/they executed the same in Iit9»tar/their authorized capacit^^(jeiJ| and that by hts/lw/their signature^^ on the instrument the persor^ or the entity upon behalf of which the persor^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor WITNESS my l?a Signature: Signature of Notary Publi iNetir OPTIONAL Though this section is optional, completing this informatiori can deter alteration of the document or fraudulent reattachrmnt of thisrffffm to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in • Trustee • GuardiaR^r Conservator • Other: Signer Jf^senting • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES 1. The City and the Contractor will create menus that comply with specifications identified in Exhibit A, Attachment 2 attached hereto. The Contractor shall assure that all meals meet the standards of Title III of the Older Americans Act, and Nutritional Guidelines of the County of San Diego Aging and Independence Services 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 sent to Senior Center Recreation Supervisor for submittal to an A.I.S. nutrifionist 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 130 congregate meals per day Monday through Friday except on holidays as designated by the City and communicated to Contractor. The City will give an exact number for daily preparafion the day before by 3:00 p.m. Meals per day may increase to approximately 300 meals per day for Thanksgiving, Christmas and other special events. The City will be charged $4.75 per meal for each prepared congregate meal. 3. The Contractor will prepare approximately 45 home meals per day Monday through Friday except on holidays designated by the City. The City will give an exact number for daily preparation the day before by 3:00 p.m. The City will be charged $5.00 for each prepared home meal. 4. The Contractor will provide individual home meals in disposable, one-time use meal paper containers, with film covers that can be heated or reheated in a conventional oven or micro-wave oven. The Contractor will provide these containers. If the City provides the Home Meal disposable, one-time-use meal trays the Contractor will provide a credit of $0.30 per meal on the weekly billing invoice. The containers must keep different food items separated (e.g., using tray compartments), and allow for sanitary transport of food. These containers must be similar to Oliver Item #557-78267 3-Compatment Shallow Tray with Micro Perf Film. A substitute tray sample must be provided to Recreation Supervisor for approved prior to purchase and use by Contractor. 5. The Contractor shall comply with all federal, state, A.I.S. and local laws and regulations governing the preparation and handling of food; and procure and keep in effect all necessary licenses, pennits 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 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 10:00 a.m. at the Contractor's facility. Food may be City Attorney Approved Version 1/30/13 6 procured by the City from alternate sources at the Contractor's expense if the Contractor fails to have meals available by 10:00 a.m. If the meals are to be delivered by the Contractor, they shall arrive at the City's locafion no later than 10:30 a.m. The delivery locafion is: City of Carisbad Senior Center, 799 Pine Avenue, Carisbad, California. Excepfions 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 preparafion 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 fime of delivery to the City. All vegetables served as side dishes will be USDA Grade A (fancy). Fresh fruit will be served daily or as required by A.I.S. 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 nutrifional 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. Contractor shall comply with all applicable federal, state and local laws and regulafions pertaining to wages and hours of employment. 11. The Contractor shall report any deviations from the approved menu to the Recreafions Supervisor 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. 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. • Food Temperature Documentation shall Include: • Refrigerator/Freezer Record Chart (at facility opening & closing) • Temperature Log for Dining Room Meals • Temperature Log for Home Delivered Meals • Cool Down Log Sample logs are found In Exhibit "A", Attachment 1. City Attorney Approved Version 1/30/13 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, ali City owned equipment used for food service that is lost or damaged, excluding nonnal wear and tear, due to Contractor's acfions. 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. Additional requirements are found in Exhibit "A", Attachment 2: Title 22, California Code of Regulafions, beginning with §7638.5. 17. Contractor certifies that in performing under the purchase order awarded by the City of Carisbad, it will comply with the County of San Diego Affirmative Acfion Program adopted by the Board of Supervisors, including ali 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 wili 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 nonnal 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. 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, preparafion method, serving method and proposed packaging for delivery. New menu items must be approved by the City before their use. 21. The fime 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., numtier 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 City shall not be required to pay for food or service not meeting, in the City's opinion, the specificafions 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 quality 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 right to deduct from fees paid to the Contractor the cost of food and preparafion necessary to replace these meals. Even if deductions are made for missing or substandard meals, these situafions are considered unacceptable. If a shortage is a missing Item from the menu, and is not City Attorney Approved Version 1/30/13 16 delivered to the City by service time, the following amounts will be credited by the Contractor for the missing amounts of portions: • Entree - 49% 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. -1% 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 property 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. 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 negofiated 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 detennines that they cannot comply with the menu change, the reason for noncompliance will be communicated to the City within 24 hours after receipt of the request. A subsequent negofiation 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 a.m. on the day of service. The final count will be within 10% of the esfimated count. 26. The City will provide home delivered meals transport containers to hold individual meal container 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 cufiery, 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 City Attorney Approved Version 1/30/13 documenfing the quality of food and service received from the Contractor. These records will be made available to the Contractor upon request. City Attorney Approved Version 1/30/13 17 EXHIBIT A ATTACHMENT 1 4 SAMPLE TEMPERATURE LOGS TEMPERATURE RELATED FOOD HANDLING GUIDELINES REFRIGERATOR/FREEZER TEMPERATURE RECORD CHART Month: Year Maintain: 0 F Degree for Freezer Location: Day AM/Opening Initial Comments PM/Closing Initial Comments 1 2 3 4 5 6 7 8 9 10 11 • 12 13 14 15 16 17 18 17 18 19 20 21 - - 22 - 23 24 25 26 27 28 29 30 31 If temperature are not below 40 degrees F for the refricierator or zero degrees F for tfie freezer. Contact vour Supervisor immediatelv. DINING ROOM MEAL DATE TIME ENTREE PROTEIN STARCH VEGETABLE VEGETABLE STAFF INITIAL =20 HOME DELIVERED MEALS TEM PERATU RE LOG DATE TIME OF PACKING ENTREE PROTEIN STARCH VEGETABLE VEGETABLE STAFF INITIAL COOL DOWN LOG MONTH: DATE FOOD ITEM TIME IN/TEMP/ INITIAL TIME/TEMP/ INITIAL TIME/TEMP/ INITIAL TIME/TEMPy INITIAL AGING & INDEPENDENCE SERVICES COUNTY OF SAN DIEGO • HEALTH ANO HUMAN SERVICES AGENCY PROCEDURE MEMO April 22, 2008 FOOD TEMPERATURE DOCUMENTATION Background Information Our clients, both congregate and home delivered are one of the most suscepfible populafions to foodborne illness. Maintaining foods at proper temperatures will prevent the growth of disease causing bacteria. Bacteria can already be present in food or be introduced during food producfion or food service. By monitoring food temperature throughout the preparafion and serving process, you are insuring that whatever bacteria may be present has been destroyed or is not multiplying at a rapid rate. Procedure All potentially hazardous food (PHF) items, either served hot or cold, must be checked for temperatures. These include all menu items containing protein food items, cooked pasta/rice/grains/beans, cooked vegetables, desserts containing protein, entree salads and salads made from protein, salads with creamy dressings, sandwiches, and milk/dairy products. If receiving more than one pan of the same food item, temp all to insure safe food temps. When to Temp Foods Review the flow of food through your operation. Record the temperatures at the following Critical Control Points (CCPs) that apply to your operation. • Complefion of cooking/preparafion - record on temp log • Removal from hot/cold holding into carriers or HotShot (Congregate & HDM) - record on temp log • Upon delivery of food if satellite site or catered meal operafion (Congregate & HDM) - record on temp log or Meal Transport Record • Before serving (if holding time is more than 30 minutes) - record on temp log • During serving, every 30 minutes - record on temp log Temperature infonnafion should be reviewed by Food Service Manager and corrective acfion must be taken to insure the safety of the food. Catered/Satellite Meal sites should report deficient to the Caterer/Food Service Manager immediately. Site Managers should take necessary Corrective Acfions in consultation with the Food Service Manager. For HDMs, temperature of the last meal on a HDM route should be taken daily. Record temperature on Driver's Log. Manager to take corrective action if temperatures do not meet standard. 10/2/2013 Temperature Standard Hot food temperatures shall be at 135° F or above, cold food temperatures shall be at 41° F or below. Documentation Standard Temperatures at the CCPs must be documented with: • Actual temperature • Date and Time • Employee/volunteer inifial Temperatures can be recorded on any of the following: • Meal Transport Record (sample attached) • Monthly Menu • Temperature Log (sample attached) Maintenance of Temperature Records Temperature Logs that record only Date/Time/Temperature/lnitial shall be kept for 6 months. Documentation on Meal Transport Records and/or Monthly Menu sheets that also record # meals sent, # meals served, supply orders or other information in addition to temperatures must be kept for one year after the applicable fiscal year. 10/2/2013 EXHIBITA ATTACHMENT 2 TITLE 22 PROGRAM & SERVICE PROVIDER REQUIREMENTS SAMPLE MENU & NUTRITION FORMS ATTACHMENT 2 TITLE 22. SOCIAL SECURITY DIVISION 1.8. CALIFORNIA DEPARTMENT OF AGING CHAPTER 4.(1) TITLE 111 PROGRAMS - PROGRAM AND SERVICE PROVIDER REQUIREMENTS ARTICLE 5. TITLE 111 C-ELDERLY NUTRITION PROGRAM This database is current through 4/11/08, Register 2008, No. 15 § 7638.5. Nutrition Requirements of Meals. (a) Compiiance with dietary guidelines: (1) In accordance with Section 339 ofthe OAA (42 U.S.C. 3030g-21), each meal shall provide the following to participafing individuals: (A) If the program provides one (1) meal per day, a minimum of one-third (1/3) of the in the Dietary Reference Intakes (DRls) by the Food and Nutrifion Board, Insfitute of Medicine, National Academy of Sciences (2006), which are incorporated by reference. (B) If the program provides two (2) meals per day, a minimum of two-thirds (2/3) of the DRls. (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 (2005. 6th.Edifion) by the U.S. Department of Health and Human Services and the USDA, which is incorporated by reference. (b) A meal analysis approved by a registered dietifian shall be done to ensure compliance with subsection (a) above, using either: (1) a meal component system, or (2) a detailed nutritional analysis. (c) Food substitutions to meals originally planned must meet the requirements ofthis section and be approved by a registered dietifian. (d) Menus shall: (1) Be planned for a minimum of four (4) weeks. (2) Be posted in a locafion 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. 3030g-21. ATTACHMENT 2 (continued) County of San Diego, Aging & Independence Services NUTRITION REQUIREMENTS FOR MEALS Senior Congregate and Home Delivered Meal Programs Effective September 2012 MENU PLANNING PROCEDURES Title 22 of the California Code of Regulations requires the following: 1. Meals must provide a minimum of one-third (1/3) of the DRls as established by the Food & Nutrifion Board, National Academy of Sciences-National Research Council and 2. Meals shall comply with the 2010 Dietary Guidelines for Americans (DGAs) published by the USDA and the U.S. Dept of Health & Human Services. In order to meet these requirements, menus shall be planned and served using the following component. The requirements are as follows: MENU COMPONENT and TARGET NUTRIENTS REQUIRED SERVINGS PER MEAL* Minimum of 550 calories MINIMUM SERVING SIZES Lean Meats or Beans 1 serving 2-3 ounces cooked. (Excludes skin, bones & breading) Vegetable (Includes potatoes) 1-2 servings Vz cup cooked vegetables. 1 cup lettuce, vegetable quarters/chunks. Fruit 1 serving Vz cup = one serving 1 cup = one serving of cubed fruit, strawberries, grapes or other similar sized items. Whole grain or enriched Bread/Pasta/Rice Couscous/Quinoa/ Kashka/Barley 1-2 servings At least 14 of grain intake should be whole grains 1 slice bread (1 oz.) Vz Hamburger bun, bagel, English muffin or sandwich roll Vz cup cooked pasta, rice, etc. Low Fat Milk or Milk Alternate 1 serving 1 cup Dessert Can be the Fruit/Grain Serving Opfional Fiber 7 grams/meal or averaged over the week Combinafion of fruits, vegetables, whole grain bread/pasta/rice, beans, legumes, lenfils Sodium Target of less than 1,000 mg/meal (<Vz tsp. salt) Denote meals over 1,000 mg with an icon. % Potassium Target 1,500+ mg /meal Oils 7 grams or about 2 tsp. Vegetable , nut and fish oils, soft vegetable oil spreads with 0 trans fat * The number of servings per meal esfimates provision of 1/3 of the DRls. Caloric value (1,600 Kcal/day) is based on a sedentary 70 year old female. MEAL COMPONENTS & TARGET NUTRIENTS 1. Vitamin C. Each meal shall provide a food(s) containing a minimum of 25 milligrams of Vitamin C. 2. Vitamin A. A food(s) containing a minimum of 233 meg. of Vitamin A shall be served at least three (3) times per week for a five (5) day a week menu, and four fimes per week for a seven day a week menu. 3. Fiber. Each meal shall provide 7 grams of fiber per meal. You may average fiber content over one week. A. Fiber containing meal components are fruits, vegetables, breads/pasta/rice, whole grains and beans/lentils. 4. Sodium. Any meal containing over 1,000 mg (1 gm) sodium shall be noted with an icon on the menu for educafional purposes. A. It is recommended to incrementally decrease the amount of overall sodium in the meal over a period of fime. Document efforts to reduce sodium content of meals. B. DO NOT use or salt substitutes such as potassium chloride. Individuals should only use these products under the supervision of a healthcare professional. C. Sodium list is attached. 5^ 5. Potassium. High potassium containing foods are encouraged, especially when high sodium food items are served. A. Potassium list is attached. 6. Protein. Each meal shall provide a minimum of 2-3 ounces of cooked edible portion of meat, fish, poultry, eggs, cheese, or the protein equivalent. A. The meat in sauces, soups, stews or casseroles, must be a minimum of 2 ounce weight and provide at least 15 grams of protein per serving. B. Legume dishes include lenfils, dried beans/peas, lima, kidney, navy, black, soybeans, pinto or garbanzo beans, black eyed peas, etc. A one half cup serving Is equal to 1 ounce of meat. C. Count legumes as either a vegetable OR protein component. Do not count legumes as both a vegetable and a protein component. D. A Vz cup serving of cottage cheese is equal to 2 ounces of protein. 2 Tbsp. of Peanut Butter equals 1 ounce of protein 7. Vegetables. Each meal shall contain ONE - TWO (1-2) Vz cup servings, drained weight or volume, of vegetables. A. A serving of tossed green salad, chunky vegetables like potatoes, squash or cherry tomatoes or other large items shall be one (1) cup. B. Potatoes, potato salad, sweet potatoes, etc. count as a vegetable, not a bread/starch. C. Vegetables added as an ingredient to a menu item (example: mixed vegetables in tuna casserole or mushrooms in gravy) must be Vz cup per serving in order for it to count as a serving. D. One cup of a cooked vegetable such as in a sfir fry dish will count as 2 servings. 8. Fruit. Each meal shall contain ONE (1) Vz cup serving of fresh, frozen or canned fruit packed in juice, light syrup or without sugar or 100% fruit juice. A. Serving size of canned fruit is Vz cup drained. B. Example of a serving size of unpeeled, whole fresh fruit is a small to medium sized banana, apple or orange. C. Serving size of cubed fruit or items such as strawberries, grapes, etc is 1 cup. D. Fruit packed In heavy syrup shall be rinsed. E. See #11 below for serving the fruit as dessert. F. Fruit juice can be served however the DGAs encourage the consumption of whole fruit rather than 100% fruit juice. Fruit juice lacks dietary fiber, when consumed in excess can contribute to extra calories and is a high glycemic index food. 9. Whole grain bread/rice/pasta/etc. Each meal shall contain ONE-TWO (1-2) servings of whole grain or enriched bread or bread alternatives (rice, pasta, macaroni, etc.) A. One-half of the daily grain intake should be from whole grains. These include whole grain ingredients that include the word "whole", "enfire", "cracked", "crushed" or "groats"; brown rice, oats, cornmeal, oat bran, wheat germ, rye and bariey. Fifty-fifty mixtures of white and brown rice meet the requirement for whole grain. B. A serving of cooked pasta or rice is Vz cup. If one cup is served, it will count as 2 servings. C. A serving of bread is one slice or a small dinner roll (1 ounce weight). D. Hamburger buns, hot dog buns, a whole bagel or English muffin, torpedo sandwich breads all count as 2 servings of bread. E. See #11 below for serving a whole grain/grain as dessert. 10. Milk/Milk Alternate. Each meal shall contain eight (8) ounces of fortified fat-free milk, low-fat milk or low-fat buttermilk. A. calcium fortified soy milk or other calcium fortified milk replacement with comparable nutrients equivalent to (1/3) ofthe DRI for calcium can be served. 11. Each meal can contain a Dessert to satisfy the caloric requirements or for additional nutrients. A. Whole, fresh fruit or canned fruit can be served as a dessert and counted as the fruit serving. B. When a fruit based dessert contains Vz cup of fruit per serving, it may be counted as a serving of fruit. Example: pumpkin pie, fruit cobbler, strawberry shortcake, jello with 1/2c. fruit/veggies etc. C. A whole grain based dessert contains primarily whole grains. Example: Oatmeal cookies, whole wheat bread pudding, granola, oat bars, etc. can contribute to the whole grain requirement. D. Any other type of sweet, sticky dessert would be opfional. 12. Oils. Choose plant based oils to provide fiavor to meals, essenfial fatty acids and monounsaturated/polyunsaturated fatty acids. A. No food containing artificial trans fat may be stored, distributed, served or used in the preparation of any food within a food facility. B. Limit the consumpfion of solid fats. Common sources are: butter, beef/chicken/pori< fat, sfick margarine and shortening. Replace solid fats with plant based oils with beneficial monounsaturated and polyunsaturated fatty acids such as olive oil, canola oii or peanut oii. C. Margarine for bread or as a condiment is not required but recommended. For Dietary Guidelines compliance it is recommended that a soft margarine be used instead of butter or hard margarine. D. If you are providing a choice in salad dressings, provide an olive oil/canola oil based vinaigrette as an opfion. Other Considerations and Procedures: Attached menu format must be used. If another format is used, serving sizes of each menu item must be included on menu. 1. Menus are to be planned for a minimum of 4 weeks and submitted to the AIS Nutrifion Consultant 2 weeks before implementafion. 2. Substitufions to meals originally planned must meet the above requirement and be approved by a registered dietifian. 3. Menus are to be posted at the nutrifion center in a locafion easily seen by participants at each congregate meal site. The menus should be legible, easy to read and in the language of the majority of the participants. Other condiments that are traditionally part ofthe entree should be provided. Examples are salad dressing, mustard/ketchup/relish for hotdogs, salsa for Mexican food, cranberry sauce for turi<ey, etc. Modifications for home delivered meals are to be reflected on the menu. Some entrees or menu items do not hold up well during home delivery. This should be considered during menu planning. 31 Carlsbad Paradise Cafe by the Sea October 2013 Menu MONDAY Transportation Available Call 760-602-4650 for information TUESDAY Stuffed Bell Peppers Whole Wheat Pasta Marinara Sauce Corn IVIarinated Vegetable Salad Garlic Bead Pudding WEDNESDAY Chicken Marsala IVlixed Grain Rice Pilaf Vegetable IVledley Caesar Salad Roll Apples with Caramel Sauce THURSDAY OKTOBERFEST Sausage Sampler^ Sauerkraut 4 German Potato Salad Roll, Apple Strudel Juergen plays Accordion 11:30-12:30 FRIDAY Coq au Vin Chicken Breast in Red Wine Sauced Parsley Potatoes California Vegetables French Bread Tropical Fruit Cocktail Italian Sausage 4 & Peppers Penne Pasta, Marinara Sauce, Parmesan Cheese, Green Beans Garlic Bread Mixed Green Salad Fresh Fruit 8 Minestrone Soup Open faced Hoagie4 Italian Bread Lettuce & Tomato Crackers Cranberry Orange Slaw Pudding Ham 4 with Brandied Cherry Sauce Sweet Potatoes Peas Biscuit Cinnamon Apples ALTERNATE SALAD Tuna & Egg Salad Duet, Carrots, Fruit 10 Beef Bourguignon Mushrooms & Peppers Red Wine Sauce4 Egg Noodles Broccoli & Carrots Wheat Bread, Fruit Pie Free Movie: "Silver Linings Playbook" Auditorium 1 to 3 p.m. 11 Chicken Enchiladas^ Black Beans4 Cilantro Rice Jalapeflo Carrots Fiesta Salad Ice Cream 14 Columbus Day Senior Center Closed 15 Meatloaf Mashed Potatoes Mushroom Gravy4 Stewed Tomatoes Peas & Carrots Wheat Bread Chocolate Cake Free Movie: "Message in a Bottle" TV Lounge 1 to 3 p.nn. 16 Beef Fajitas Mexican Rice, Refried Beans-f, Lettuce Diced Tomatoes Cheese, Salsa • Sour Cream Orange Flan ALTERNATE SALAD Southwest Chicken Salad 17 Lentil Soup Turkey Wrap 4 Lettuce & Tomato Cranberry Sauce Carrot Salad Ice Cream with Pineapple 71 18 Southwest Grilled Chicken Breast Pineapple Salsa Cumin Rice Black Beans 4 Orange Jicama Salad with Romaine Fruit trappy Birthday Day 21 Open-Faced Hot Roast Beef Sandwich 4 Sourdough Bread Mashed Potatoes Gravy • Peas & Carrots Ice Cream with Berries 22 Chicken a i'Orange Rice Pilaf California Vegetables Spinach Salad Wheat Bread Mandarins Cookie 23 Pork Schnitzel Mushroom Sauce4 Noodles Red Cabbage Salad Greens w/ Marinated Carrots & Cucumbers Apfel Kuchen (apple cske) ALTERNATE SALAD Spinach Salad with Bacon, Egg, Mandarins 24 Salisbury Steak Sauteed Onions Gravy 4 Mashed Potatoes Creamed Spinach Wheat Bread Fresh Fruit 25 Pastrami & Swiss on Rye T French Onion Soup 4 Cheese Crouton4 Coleslaw Tropical Fruit Salad 28 Spaghetti &Meatballs4 Marinara Sauce Vegetable Medley Mixed Green Salad Garlic Bread Pudding 29 Stir Fried Beef 4 with Broccoli & Carrots Brown Rice Asian Cabbage Salad Mandarin Oranges Fortune Cookie 30 Chicken Piccata chicken breast saut^ in dry white wine, capers & lemon, Herbed Couscous Zucchini & Tomato Saute Caesar Salad Garlic Croutons Chocolate Mousse 31 "Ghoulash" Noodles Roasted Vegetables Kale Apple Slaw "Bloody Lady Fingers" with Strawberries & Whipped Cream MENU SUBJECT TO CHANGE RESERVATIONS 760-602-4655 :ONTRACTOR/CATERER: :YCLE: WEEK: TITLE IIIC - MENU AGING & INDEPENDENCE SERVICES - COUNTY OF SAN DIEGO 2012/2013 DATES Month & Date MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY ENTREE Serving==3 oz. weight, cooked, edible protein portion VEGETABLE Serving= 1-2/day Vit C = 25 mg/day Vit A = 250 meg 3 days/week VEGETABLE Serving= 1-2/day Vit C = 25 mg/day Vit A = 250 meg 3 days/week FRUIT Serving = 1/day WHOLE GF^INS/ BREAD/ CEREAU PASTA/ RICE Servings=1 -2/day Size=1/2 cup, 1 oz wt, 1 ea WHOLE GF^INS/ BREAD/ CEREAU PASTA/ RICE Servings=1 -2/day Size=1/2 cup, 1 oz wt, 1 ea MILK, 2%, 1%, skim Serving = 8 fl. oz. DESSERT. ODtional • •' _ MODIFICATIONS FOR HOME DEUVERED MEALS . ' • • . ^ ^ • * r TOTALS : Sodium* Vit C mg. / Vit A meg.