HomeMy WebLinkAbout2018-11-13; City Council; Resolution 2018-190RESOLUTION NO. 2018-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING EXECUTION OF AN AGREEMENT WITH ESSENCO, INC. TO PROVIDE
MEAL PREPARATION SERVICES FOR THE CARLSBAD SENIOR CENTER, IN AN
AMOUNT NOT TO EXCEED $600,000 FOR THE INITIAL TWO-YEAR TERM.
WHEREAS, the City of Carlsbad requires the services of a meal preparation contractor to support
the Senior Center Nutritional Program; and
WHEREAS, proper procedures have resulted in the receipt of proposals from three vendors; and
WHEREAS, using a best value analysis, a qualified vendor who can successfully provide the
required services for the Senior Center Nutritional Program has been selected; and
WHEREAS, sufficient funding has been appropriated in the FY2018-19 operating budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1. That the above recitations are true and correct.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an
agreement with EssenCo, Inc. to provide meal preparation services for the Carlsbad
Senior Center, in an amount not to exceed $600,000 for the initial two-year term, which
is attached hereto as Attachment "A".
3. That the City Manager is authorized to execute amendments to the agreement to extend
it for two additional two-year terms, or parts thereof.
November 13, 2018 Item #3 Page 4 of 28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of November, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
MATT HALL, Mayor
BARBARAENON,City Clerk
(SEAL)
November 13, 2018 Item #3 Page 5 of 28
AGREEMENT FOR SENIOR CENTER MEAL SERVICES
ESSENCO, INC.
1 1 THIS AGREEMENT is made and entered into as of the \ :±~ day of
NtJ\J~ hlr , 20.Ji, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Essence, Inc., a corporation, ("Contractor").
RECITALS
A City requires the professional services of a contractor that is experienced with meal
preparation for senior center meal services.
B. Contractor has the necessary experience in providing professional services and
advice related to the Carlsbad Senior Center Nutritional Program.
C. 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 two (2) years from the date first above
written. The City Manager may amend the Agreement to extend it for two (2) additional two (2)
year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will prepare
a written amendment indicating the effective date and length of the extended Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
5. COMPENSATION
The total fee payable for the Services to be performed during the initial Agreement term shall not
exceed six hundred thousand dollars ($600,000). No other compensation for the Services will be
allowed except for items covered by subsequent amendments to this Agreement. If the City elects
to extend the Agreement, the amount shall not exceed three hundred thousand dollars ($300,000)
per Agreement year. 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".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
If an increase in compensation for service in succeeding option periods is requested, the
Contractor must provide detailed supporting documentation to justify the requested rate
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increase. The requested increase will be evaluated by the City, and the City reserves the right to
negotiate, accept or reject the Contractor's requested compensation increase. This Agreement's
annual compensation terms may be adjusted by a mutually agreeable amount based on and no
greater than the San Diego Consumer Price Index changes over the previous two-year period.
Requests for price changes must be made by the Contractor in writing sixty (60) days before the
end of the then-current agreement period and is subject to negotiation or rejection by the City.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
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 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 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-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
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. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an
"occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage.
10.1.3 Workers' Compensation and Employer's Liability. 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.
10.2 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
mail 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.
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10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, 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 notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Mike Pacheco
Title Recreation Services Manager
Department Parks & Recreation
City of Carlsbad
Address 799 Pine Avenue, Suite 200
Carlsbad, CA 92008
Phone No. 760-434-2826
For Contractor
Name Maureen de Long Staab
Title Secretary
Address 3753 Mission Avenue, Suite 115
Oceanside, CA 92058
Phone No. 760-450-0097
Email maureen. otmar@gmail.com
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.
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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 categories.
Yes D No l:2J
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants 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 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 (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases , the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
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
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performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et 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. JURISDICTION 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 nor 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.
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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 terms and conditions of this Agreement.
CONTRACTOR
(sign here)
Of~ B-r .-S' fee ab I pr.e5tdet11-
(print name/title)'
CITY OF CARLSBAD, a municipal
corporation of the State of California
By~
Mayor
ATTEST:
B:!L~£cio~~tp
City 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 ~/WE8/f /tttorney
BY: __ .!~«»-~--((!___~-----
Assistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
1. The City and Essence, Inc. (Contractor) will create menus that comply with
specifications herein and attached, see attachments 1, 2, 3 and 4. The City and
the Contractor shall assure that all meals meet the standards of Title Ill of the
Older Americans Act, Nutritional Requirements for Meals for the County of San
Diego Aging and Independence Services (A.I.S.) and the 2015 -2022 Dietary
Guidelines for Americans (https://health.gov/dietaryguidelines/2015/). Contractor
will comply fully with all requirements of Title 22 of the California Department of
Aging Program Service Provider Requirements including the section attached
hereto. All menus must be written in four-week cycles and submitted to an A.I.S.
nutritionist at least two weeks before use. Only menus approved by this
nutritionist may be used as a guide to meal preparation except for deviations
discussed below.
2. The Contractor will prepare approximately 130 congregate meals per day
Monday through Friday, except on holidays designated by the City. The number
of requested meals may be below or above this estimate. The City will give an
exact number for daily preparation. Meals per day may increase to approximately
300 meals for Thanksgiving, Christmas and other special events. The City will be
charged $5.85 per meal for congregate meals.
3. The Contractor will prepare approximately 45 home meals per day Monday
through Friday. The number of requested meals may be below or above this
estimate. The City will be charged $6.10 per meal for home meals. The
Contractor will also prepare frozen home meals as need by the City. The City will
be charged $6.10 per meal for frozen home meals.
4. The Contractor will provide individual home meals in disposable, one-time-use
meal paper containers, with film covers that can be heated/reheated in a
conventional oven or microwave oven. The containers must keep different food
items separated (e.g., using tray compartments), and allow for sanitary transport
of food. These containers must be like Oliver Item #557-78267 3-Compartment
Shallow Tray with Mirco Perf Film. The City will provide these containers to the
Contractor.
5. The Contractor will comply with all federal, state, A.I.S. and local laws and
regulations governing the preparation and handling of food; procure and keep in
effect all necessary licenses, permits and food handlers' cards required by law;
post such licenses, permits and cards in a prominent place within the meal
preparation areas. In addition, all food will be prepared in a County Department
of Environmental Health Permitted kitchen. Upon request, the Contractor will
provide a copy of the last Health Inspection Report, beginning with the last
restaurant operated. Upon request, the Contractor will provide a copy of the
latest Food Manager's Certificate.
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6. The Contractor will have all meals for the day available for pick-up by City no
later than 10 a.m. at the Contractor's facility. Food may be procured by the City
from alternate sources at the Contractor's expense if the Contractor fails to have
meals available by 10 a.m. If meals are delivered by the Contractor, meals must
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 92008.
Exceptions must be mutually agreed upon in writing, by both the City and the
Contractor before changes are made regarding delivery. If the Contractor
delivers food to the City, the vehicle used for delivery will be pre-approved by
City personnel for suitability. Said approval shall be in writing. Regardless, the
Contractor is responsible for immediately delivering items to the City that were
omitted or shorted after Contractor is informed of the error by the City.
7. The Contractor is responsible for ordering, purchasing, and paying for raw food
items and consumable supplies 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 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 nutritional requirements will be communicated to the City with each meal.
9. The Contractor will allow the City and A.I.S. to have access to the Contractor's
purchase documents and records, as well as food preparation, packaging and
storage areas to determine the adequacy of the Contractor's purchasing,
nutrition, and sanitation practices regarding meals provided under this contract.
10. Contractor will comply with all applicable federal, state and local laws and
regulations pertaining to wages and hours of employment.
11. The Contractor will report any deviations from the approved menu to the City and
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 accept occasional menu changes from the City
with a minimum of a one-week notice.
12. The Contractor and City will jointly maintain a temperature record documentation
system and said temperature record will be implemented and maintained to
ensure sanitary and safe food handling procedures.
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Temperature records shall include:
• Food prep
• Cool down
• Storage
• Refrigeration & freezer equipment (at facility opening & closing)
• Temperature of perishable food before loading for delivery
A sample log is found in Attachment 3.
13. The Contractor will supply information to the City for project reports as needed
(e.g., actual labor costs, raw food costs, etc.).
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. City provided containers will be used by the Contractor solely for
the performance of this contract.
15.Additional requirements are found in Attachment 1: Title 22, California Code of
Regulations, beginning with §7638.5.
16. Contractor certifies that it will comply with the County of San Diego Affirmative
Action Program adopted by the Board of Supervisors, including all current
amendments.
17. The Contractor and the City will work to schedule menus up to 3 months in
advance. This includes special meals (e.g., holiday and special events) 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.
18. Menu items that are part of the approved normal menu rotation will be
standardized as to menu item name, ingredients used, preparation and delivery
method to the City. All meals delivered on any given day will have identical
ingredient items.
19. 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 the City 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 use.
20. The City will account for all items delivered and sign a Contractor provided
receipt. Discrepancies will be noted on the receipt 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.,
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"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,
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 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 suitable meals. The City
has the right to deduct fees paid to the Contractor for cost of food and
preparation necessary to replace these meals. Even if deductions are made for
missing or substandard meals, these situations are considered unacceptable.
21. If a shortage is found or an item missing, these items must be delivered to the
City by service time. Otherwise, fees will be credited by the Contractor for the
missing items or portions. The Contractor agrees that there will be no payment
for meal shortages, or meals not otherwise meeting specifications, even if the
provided items are used by the City.
22.AII potentially hazardous menu items shall be at required temperatures (41 ° for
cold foods and 135° for hot) upon pickup from kitchen or upon delivery onsite.
Non-compliance with this requirement will result in rejection of the menu item.
23. The City shall provide two (2) sets of containers suitable for delivery of
congregate meals so they may be rotated with a clean set returned by the City
each day to the Contractor for preparation of future meals. All such containers
will be the City's property.
24. The City shall provide a driver and vehicle for food pick-up and delivery to the
City, as well as any devices necessary to insure adequate sanitary practices for
handling the food in transit.
25. The City will notify the Contractor of any variation from the current menu no less
than one week before meals are to be served. Contractor will 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 (i.e. meals not on the
normal rotation or on the special event list) will be negotiated with the Contractor.
The Contractor may assume that menu variations received from the City have
been approved by the A.I.S. nutritionist. If the Contractor determines that they
cannot comply with the menu change, the reason for non-compliance will be
communicated to the City within 24 hours after receipt of the request. A
subsequent negotiation between both parties will take place to reach a
reasonable compromise.
26. Since the number of meals 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.
City Attorney Approved Version 6/12/18
11
November 13, 2018 Item #3 Page 17 of 28
The City will inform the Contractor of the final count by 9 a.m. on the day of
service. The final count will be within 10% of the estimated count.
27. The City will provide transport containers for home delivered meals that hold
individual meal containers and maintain proper food temperatures.
28. The City agrees to provide beverages (not including milk and any beverage
provided as a part of the nutritional meal requirements), and all cutlery, service
utensils, trays and other non-dietary items not specifically stated as 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.
29. Meal assessments shall be conducted by the City on an on-going basis. The
Contractor shall work with the City to comply with reasonable requests for
changes in food type, preparation method and quality. Records will be
maintained by City staff documenting the quality of food and service received
from the Contractor. These records will be made available to the Contractor
upon request.
30. Contractor failing to meet any of its contractual requirements at least three (3)
times in any sixty (60) day period shall entitle the City to terminate this
Agreement for cause and on or after the date of the third violation.
City Attorney Approved Version 6/12/18
12
November 13, 2018 Item #3 Page 18 of 28
ATTACHMENT 1
TITLE 22. SOCIAL SECURITY DIVISION
1.8. CALIFORNIA DEPARTMENT OF AGING
CHAPTER 4.(1) TITLE Ill PROGRAMS
PROGRAM AND SERVICE PROVIDER REQUIREMENTS
ARTICLE 5. TITLE Ill C-ELDERLY NUTRITION PROGRAM
This database is current through 4/27/18, Register 2018, No.17
§ 7638.5. 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 in
the Dietary Reference Intakes (DRls) by the Food and Nutrition Board, Institute 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.Edition) 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 dietitian 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 of this
section and be approved by a registered dietitian.
(d) 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. 3030g-21.
November 13, 2018 Item #3 Page 19 of 28
ATTACHMENT 1 (continued)
County of San Diego, Aging & Independence Services
NUTRITION REQUIREMENTS FOR MEALS
Senior Congregate and Home Delivered Meal Programs
Effective July 2014
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 & Nutrition 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 components. The
requirements are as follows:
MENU COMPONENT and REQUIRED SERVINGS MINIMUM
TARGET NUTRIENTS PER MEAL SERVING SIZES
* Minimum of 550 calories
Lean Meats or Beans 1 serving 2-3 ounces cooked. (Excludes
skin, bones & breading)
Vegetable 1-2 servings ½ cup cooked vegetables.
(Includes potatoes) 1 cup lettuce, vegetable
quarters/chunks.
Fruit 1 serving ½ cup = one serving
1 cup= one serving of cubed
fruit, strawberries, grapes or
other similar sized items.
Whole grain or enriched 1-2 servings 1 slice bread (1 oz.)
Bread/Pasta/Rice At least½ of grain intake ½ Hamburger bun, bagel, English
Couscous/Quinoa/ should be whole grains muffin or sandwich roll
Kashka/Barley ½ cup cooked pasta, rice, etc.
Low Fat Milk or Milk Alternate 1 serving 1 cup
Dessert
Can be Fruit/Grain Serving Optional
November 13, 2018 Item #3 Page 20 of 28
ATTACHMENT 1 (continued)
Fiber 7 grams/meal or Combination of fruits,
averaged over the week vegetables, whole grain
bread/pasta/rice, beans,
legumes, lentils
Sodium Target of less than 1,000 Denote menu items between
mg/meal ( <½ tsp. salt) 300 -500 mg. sodium/serving
with an *. Denote menu items
with more than 500 mg
sodium/serving with ** or !
Potassium Target 1,500+ mg /meal
Vegetable, nut and fish oils,
Oils 7 grams or about 2 tsp. soft vegetable oil spreads with
0 trans fat
* The number of servings per meal estimates 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 mcg. of Vitamin A shall be served at least three (3) times per
week for a five (5) day a week menu, and four times 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 menu item containing between 300 -500 mg. sodium shall be noted with an * on the menu for
educational purposes. Any menu item containing over 500 mg. sodium per serving shall be noted with ** or ! for
educational purposes.
A. It is recommended to incrementally decrease the amount of overall sod ium in the meal over a period of time.
Document efforts to reduce sodium content of meals.
B. The secondary goal is to decrease the number of high sodium food items (over 500 mg/serving) in a menu
cycle.
C. DO NOT use or salt substitutes such as potassium chloride. Individuals should only use these products under
the supervision of a healthcare professional.
5. Potassium. High potassium containing foods are encouraged, especially when high sodium food items are served.
November 13, 2018 Item #3 Page 21 of 28
ATTACHMENT 1 (continued)
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 lentils, 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. A½ cup serving of cottage cheese is equal to 2 ounces of protein.2 Tbsp. of Peanut Butter equals 1 ounce of
protein. One egg equals 1 ounce of protein.
E. Be as specific in the type of protein being used and method of preparation. Example: Turkey Meat Loaf,
Chicken Enchiladas, Beef Enchiladas, Cheese Enchiladas, Baked Cod, Breaded Cod, Baked Swai, Baked Tilapia,
etc. If a change in menu item is made, the Food Service Manager or Head Cook needs to notify the Nutrition
Program Manager as soon as a change is made so participants can be informed.
7. Vegetables. Each meal shall contain ONE -TWO {1-2) ½ 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 be½ cup per serving in order for it to count as a serving.
D. One cup of a cooked vegetable such as in a stir fry dish will count as 2 servings.
8. Fruit. Each meal shall contain ONE {1) ½ cup serving of fresh, frozen or canned fruit packed in juice, light syrup,
without sugar, or 100% fruit juice.
A. Serving size of canned fruit is½ 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.
November 13, 2018 Item #3 Page 22 of 28
ATTACHMENT 1 (continued)
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', "entire", "cracked", "crushed" or "groats"; brown rice, oats, cornmeal, oat bran,
wheat germ, rye and barley. Fifty-fifty mixtures of white and brown rice meet the requirement for whole grain.
B. A serving of cooked pasta or rice is½ 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) of the 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 contains½ 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 optional.
12. Oils. Choose plant based oils to provide flavor to meals, essential 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.
November 13, 2018 Item #3 Page 23 of 28
ATTACHMENT 1 (continued)
B. Limit the consumption of solid fats. Common sources are: butter, beef/chicken/pork fat, stick margarine and
shortening. Replace solid fats with plant based oils with beneficial monounsaturated and polyunsaturated fatty
acids such as olive oil, canola oil or peanut oil.
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 option.
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.
2. A minimum of 2 months' menus is to be planned and submitted to the A.LS Nutrition Consultant 2 weeks
before implementation. The 4-week cycle and/or menu items can be repeated during the 2 months submitted.
3. Substitutions to meals originally planned must meet the above requirements and be approved by a registered
dietitian.
4. Menus are to be posted at the nutrition center in a location 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 of the entree should be provided. Examples are salad dressing,
mustard/ketchup/relish for hotdogs, salsa for Mexican food, cranberry sauce for turkey, etc.
Some entrees or menu items do not hold up well during delivery. This should be considered during menu planning.
November 13, 2018 Item #3 Page 24 of 28
ATTACHMENT 2
COUNTY OF SAN DIEGO
[l]HHSA
HEALTH AND HUMAN SERVICES AGENCY
Aging & Independence Services
PROCEDURE MEMO
Updated 7/2014
FOOD TEMPERATURE DOCUMENTATION
Background Information
Our clients, both congregate and home delivered are one of the most susceptible
populations 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 production or food service. By monitoring food temperature
throughout the preparation 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, cooked fruit, sliced tomatoes, cut melon,
cut/chopped leafy greens, 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.
• Completion of cooking/preparation -record on a temp log
• Removal from hot/cold holding or storage into carriers or Hotshot (Congregate &
HOM) -record on temp log
• Upon delivery of food, if satellite site or catered meal operation (Congregate &
HOM) -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
November 13, 2018 Item #3 Page 25 of 28
ATTACHMENT 2 (continued)
Temperature information should be reviewed by Food Service Manager and corrective
action must be taken to insure the safety of the food.
Catered/Satellite Meal sites should report deficiencies to the Caterer/Food Service
Manager immediately. Site Managers should take necessary Corrective Actions in
consultation with the Food Service Manager about the status of the menu item.
For HDMs, temperature of the last meal on a HOM route should be taken daily. Record
temperature on Driver's Log. Manager to take corrective action if temperatures do not
meet standard.
Temperature Standard
Hot food temperatures shall be at 135° For above, cold food temperatures shall be at
41° For below.
Documentation Standard
Temperatures at the CCPs must be documented with:
• Actual temperature
• Date and Time
• Employee/volunteer initial
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/Initial 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.
Food thermometers
• Food thermometers must be in readily available in food preparation and food
service areas.
• Calibrate thermometers on a regular (at least weekly basis).
November 13, 2018 Item #3 Page 26 of 28
ATTACHMENT 3
MEAL TRANSPORT RECORD
MENU DATE:
#OF MEALS: ---
#SERVED: ___ _
MENU ITEMS NEEDED SERVING INSTRUCTIONS TEMPERATURES
Condiments Needed:
MANAGER'S COMMENTS:
November 13, 2018 Item #3 Page 27 of 28
ATTACHMENT 4
CONTRACTOR: TITLE IIIC -MENU
AGING & INDEPENDENCE SERVICES -COUNTY OF SAN DIEGO
CYCLE: WEEK:
DATES
Month & Date
MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY
ENTREE
Serving=2-3 oz. weight,
cooked, edible protein portion
VEGETABLE
Serving= 1-2/day
Vit. C = 25 mg/day
Vit A = 233 mcg
3 days/week
FRUIT
Serving = 1/day
lOLl::!QLE GBAl~S/ aBEAIJl
CEREAL/ eASTA/ RICE
Servings=1-2/day
Size=1/2 cup, 1 oz wt, 1 ea
M!.LJS: 2%, 1 %, skim
Serving = 8 fl. oz.
Ci;SSEBI 212li2os1I
MODIFICATIONS FOR HOME
DELIVERED MEALS
November 13, 2018 Item #3 Page 28 of 28