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HomeMy WebLinkAboutE-12 Staff Report - Award contract to Bashful Butler for Catering ServicesCONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES DATE: DECEMBER 4, 2017 SUBJECT: AWARD OF CONTRACT FOR CONTRACTING OF RENTALS AND CATERING SERVICES FOR THE AZUSA WOMAN’S CLUB TO THE BASHFUL BUTLER SUMMARY: In 1999, the City of Azusa began to contract with an exclusive caterer for the Azusa Woman’s Club. This was done due to no longer having City staff available to show the Azusa Woman’s Club to interested renters, nor having Staff available for set-up, tear-down and clean up purposes. This arrangement has proven to be successful. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Award a contract to The Bashful Butler for the contracting of rentals and catering services for private party events held at the Azusa Woman’s Club for a (3) year term, commencing on December 5, 2017 and concluding November 30, 2020; and 2) Authorize the Interim City Manager to execute the contract, in a form acceptable to the City Attorney, on behalf of the City. DISCUSSION: Originally, The Bashful Butler was contracted to market and cater party events at the Azu sa Woman’s Club commencing December 1, 2012, the contract was extended by mutual agreement, and effectively expired November 30, 2017. To renew this contract, the RFP packet was mailed to (23) local caterers. In addition, a Request for Proposals was published on September 19, 2017 in the San Gabriel Valley Tribune. Three catering firms responded. The Bashful Butler Catering, Joy-Full Servings, and Restaurant Republic, submitted their proposals to the City Clerk by Tuesday, October 17, 2017. The (3) proposals were thoroughly reviewed. Two (2) proposals that were found to be eligible were the Bashful Butler and Joy-Full Servings. The ITEM CONTINUED TO FUTURE MEETING Award of Contract to Bashful Butler December 4, 2017 Page Two third proposal, after consulting with the city attorney was disqualified due to submitting different terms other than what the City was requesting. A comparison chart was utilized to evaluate the two remaining RFP’s (Attachment 2). The Bashful Butler’s proposal met all qualifications, in addition to offering an affordable menu selection, and their references were verified and determined to be excellent. Staff recommends awarding the contract to The Bashful Butler for the contracting of rentals and catering services for private party events held at the Azusa Woman’s Club for a (3) year term, commencing on December 5, 2017 and concluding November 30, 2020. This contract may be extended for two additional one year terms pending agreement of both parties and approval by City Council. FISCAL IMPACT: The City shall pay utility bills, phone bills, Health Department License, quarterly cleaning fees, janitorial service, and other fees or bills currently associated with the expenses of the Azusa Woman’s Club facility. Revenue: Based on the average for the past (3) three years, the net yield to the city in Azusa Woman’s Club rentals is $29,855.00 per year. Prepared by: Reviewed and approved: Lenore Gonzales Joe Jacobs Recreation Supervisor, Senior Services Director of Recreation and Family Services Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Don Penman Senior Management Analyst Interim City Manager Attachments: 1) Catering Agreement 2) Comparison Chart CONTRACT SERVICES AGREEMENT HALL RENTAL & CATERING/BAR SERVICES FOR THE AZUSA WOMAN’S CLUB THIS AGREEMENT (hereinafter the “Agreement”) is made this 5th day of December 2017 (the “Effective Date”) by and between the CITY OF AZUSA, a California municipal corporation (the “City”) and THE BASHFUL BUTLER (the “Contractor). The City and the Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties”. RECITALS A.The Contractor desires and intends to perform and assume responsibility for the provision of certain services, as hereinafter described, on the terms and conditions set forth herein. B.The City desires and intends to contract for such services on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Contractor agree as follows. SCOPE OF SERVICES AND OPERATIVE PROVISIONS SECTION 1 ENGAGEMENT AND SERVICES ON THE CONTRACTOR 1.ENGAGEMENT OF CONTRACTOR: The City hereby engages the Contractor, subject to the terms and conditions set forth in this Agreement, to perform the services set forth in Section IV (the “Services”). The Contractor agrees to perform the Services in accordance with the terms and conditions of this Agreement. 2.PERFORMANCE OF THE CONTRACTOR: The Contractor accepts the relationship of trust and confidence established between the City and the Contractor by the terms of this Agreement. The Contractor covenants with the City to furnish its best skill, judgement, and efforts and to cooperate with the City in their performances of the Services. 3.THE CONTRACTOR’S PERSONNEL: The Contractor shall provide adequate and experienced administrative, management, food service preparation and server, personnel, to perform the services for the Hall Rental & Catering Services for the Azusa Woman’s Club. 4.THE CONTRACTOR’S RESPONSIBILITIES FOR COSTS AND EXPENSES: The Contractor shall be responsible for all costs and expenses incurred relative to his/her employees in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes and levies. Telephone and document reproduction expenses may be shared with the City. (1) Attachment 1 SECTION II RESPONSIBILITIES OF THE CONTRACTOR 1. PERSONNEL: The Services shall be performed by Contractor or under his/her supervision. The contractor represents that it possesses the professional and technical personnel required to perform the Services. The City retains the Contractor on an independent contractor basis and the Contractor is not an employee of the City. Personnel performing the Services on behalf of the Contractor shall at all times be under the Contractor’s exclusive direction and control. The Contractor shall pay all expenses in connection with the performance of the Services, including, without limitation, salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies and all other amounts due, such as personnel, or due others as a result of the connection with their performance of the services. 2. COOPERATION/PROJECT ADMINISTRATOR: The Contractor shall work closely and cooperate with the City’s designated Project Administrator. This Agreement will be administered on behalf of the City by the Project Administrator, or his/her designee, shall be the principal officer of the City for liaison with the Contractor, and shall review and give approval to the details of the Services as they are performed. The City designates Lenore Gonzales, Recreation Supervisor/Senior Services as it’s Project Administrator, and reserves the right to appoint another person as Project Administrator upon written notice to the Contractor. 3. TIME OF PERFORMANCE: The Contractor shall perform the Services in a timely manner in accordance with direction from the Project Administrator. The Contractor must be able to provide the following: • Must be available, during set, regular business hours, to show the Azusa Woman’s Club to potential clients. • Must be available, during set, regular business hours, to meet with clients, to discuss arrangements and details of the client’s upcoming event(s). • Must be available to meet with city personnel, at times within short notice, to discuss the Azusa Woman’s Club, facility walk-throughs, etc. • Must be available to meet with Los Angeles County Health Inspectors at the Azusa Woman’s Club, during announced and unannounced inspection visits. The selected caterer must be able to respond in person, immediately. • Please note: The Azusa Woman’s Club will not be available for rentals on Wednesdays or Thursdays. • Please note: The Azusa Woman’s Club will not be available the first weekend through the second (2nd) weekend in October due to the City of Azusa, Golden Days activities. If days during this period should become available the Contractor will be given ample notice in an effort to utilize these days for rental purposes, with the exception of Wednesdays and Thursdays. 4. CITY POLICY: The Contractor shall discuss and review all matters relating to the Services with the Project Administrator in advance of all critical decision points in order to ensure that the Services proceed in a manner consistent with the goals and policies of the City. 5. CONFORMANCE TO APPLICABLE REQUIREMENTS: All aspects of the provision of the Services by the Contractor shall at all times conform to applicable city, county, state, and federal requirements and be subject to approval of the Project Administrator and the City. (2) 6. INDEMNIFICATION: The Contractor shall indemnify, defend, and hold harmless the City, it’s elected officials, officers, employees and agents against, and will hold and save each of them, harmless from any and all actions, claims, damages to persons or property, penalties, obligations to liabilities that may be asserted to claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the provision of the Services by the Contractor, operations, or in connection with the provision of the Services by the Contractor, operations or activities of the Contractor, it’s agents, employees or subcontract provided for herein, whether or not there is concurrent passive or active negligence on the such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of the City, it’s elected officials, officers, agents, servants, or independent contractors who are directly responsibility of the City and in connection therewith: A. The Contractor will defend any action or actions filed in connection with any said claims, damages, penalties, obligations, or liabilities, and will pay all costs and expenses, including attorney’s fees incurred in connection therewith. B. The Contractor will promptly pay any judgment rendered against the Contractor or the City covering such claims, damages, penalties, obligations, or liabilities, arising out of connection with such services, operation, or activities, or the Contractor hereunder; and the Contractor agrees to save and hold the City harmless there from. C. In the event the City is made a party to any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with the work, operations or activities of the Contractor hereunder, the Contractor agrees to pay the City any and all costs and expenses incurred by the City in such actions or proceedings, together with reasonable attorney’s fees. 7. STANDARD OF CARE, LICENSES: The Contractor represents and warrants that it shall keep in effect all appropriate licenses, permits, and other approvals during the term of this Agreement. 8. INSURANCE: Without limiting the Contractor’s indemnification of the City, the Contractor shall obtain and maintain at its own expense at all times during the term of this Agreement a policy or policies of liability insurance of the type and amounts described below and satisfactory to the City, in its sole and absolute discretion. Such policies shall be signed by a person authorized by the insurer to bind coverage on its behalf, and certificates evidencing such insurance must be filed with the City prior to exercising any right or performing the Services under this Agreement. Said policies shall add as insured the City, its elected officials, officers, employees, and agents for liability rising from the Contractor’s services as described herein: (3) A. Prior to the commencement of the Services, the Contractor shall provide to the City certificates of insurance with original endorsements and copies of policies, if requested by the City, of the following insurance, obtained from carriers rated in Best’s Rating Report as Class A or better. 1. Workers’ Compensation Insurance covering all employees and principals of the Contractor, in a minimum amount of $1,000,000 per accident, effective per the laws of the State of California. 2. Commercial General Liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit. 3. Commercial Automobile Liability and Property Insurance covering any owned and rented vehicles of Contractor in a minimum amount of $1,000,000 combined single limit per accident for bodily injury and property damage. 4. General Liability Insurance: Vendor shall maintain general liability insurance with coverage at least as broad as Insurance Services Office from CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standards ISO “insured contract” language will not be accepted. If alcohol is sold during the permitted activity, coverage must include all full liquor liability. Agency, its officers, officials, agents, and employees shall be included as additional insureds on the policy. B. Said policy or policies shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, or insurance reduced in coverage or in limits except after (30) days’ prior notice has been given in writing to the City. The Contractor shall give to the City prompt and timely notice of all claims made or suits instituted arising out of or related to the Services or the Contractor’s performance hereunder. The Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in its own judgment may be necessary for its proper protection and performance of the Services. C. The Contractor shall include subcontracting consultants, if any, as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein. D. The Contractor shall list the City of Azusa, 213 E. Foothill Blvd., Azusa CA 91702, as additional insured, along with endorsement(s), on all insurance certificates/policies. 9. PROGRESS The Contractor shall keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status of Services, activities performed and planned hereunder. 10. SCHEDULING The Contractor shall book a minimum of thirty (30) events at the Azusa Woman’s Club. The calendar shall be coordinated to allow for certain weekend evening events organized by the City and non-profit organizations. (4) SECTION III SPECIFIC ADDITIONAL RESPONSIBILITIES OF CITY 1. The City shall work with Contractor to coordinate scheduling and payments for set-up and clean-up for events which Contractor has booked under the guidelines of this agreement. 2. The City shall pay utility bills, phone bills, Health Department License, quarterly cleaning fees, janitorial service, and other fees or bills currently associated with the expenses of the Azusa Woman’s Club facility. 3. The City shall maintain the exterior grounds and continue to complete interior maintenance as needed and in cooperation with the Contractor. 4. The City shall make appropriate referrals to Contractor to maximize schedule of booked events benefiting both parties. 5. The City will continue to work with non-profit organizations to hold events at the Azusa Woman’s Club. A minimum number MAY be allowed on Saturday evenings. 6. The City will coordinate with Contractor regarding specific dates desired to be available for City and/or non-profit organization events. SECTION IV SPECIFIC ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR 1. The Contractor shall target to guarantee a minimum of thirty (30) events per City Council approved fee schedule. Such guarantee includes “showing” the facility and working with prospective renter to create a package of services that may be offered by the Contractor. 2. The contractor shall forward the facility rental check, made payable to “The City of Azusa” to the project Administrator and/or his/her duly appointed designee. 3. Any and all Service Packages offered by the Contractor shall be separate from the Hall Rental Agreement with payment for such services being made directly to the contractor. 4. Contractor’s Service Package(s) shall be reviewed and approved by the City prior to being offered to the public. 5. At least one (1) Service package offered by the Contractor will include a Mexican style menu. At least one Service package offered by the Contractor will include a Country BBQ style menu. 6. The Contractor shall provide appropriate staff for all events scheduled by Contractor. Staffing shall include set-up, teardown, and clean-up of the Azusa Woman’s Club facility, leaving the facility clean and in order for the next event. Staffing shall include appropriate security for the events. (If separate, Security Guards are hired when alcohol will be part of an event. The Security Company must be in a possession of a current City Business License). Security requirement is identified in City Municipal Code, section 18-375. (5) 7. Contractor shall maintain regular office hours in the Azusa Woman’s Club or at their personal place of business in order to show the facility, book reservations, and plan events which will take place in the Azusa Woman’s Club with customers and potential customers. The Contractor must also be available for un-announced health inspection visits by the Los Angeles County Department of Health. At times, within a five minute notice by the inspector. 8. Contractor shall be able to repair, replace, or augment furnishings and/or amenities as needed to maintain a high level of service to customers. Project Administrator must approve all changes/additions in advance. 9. Contractor shall maintain, at own expense, a phone line on the premises for business use. Contractor will be responsible for monthly phone bills. 10. Contractor agrees to provide free catering services for two mutually agreed upon City sponsored (or staff) events annually. 11. Contractor will be equipped with a wide variety of selection in the area(s) of: linen selections, table ware, glass ware, portable appliances, decorative accents, etc., in an effort to provide a high quality of service. 12. Contractor will furnish the Azusa Woman’s Club with thirty, 60’ round tables, five 6ft. oblong tables, and five 8 ft. oblong tables. 12. Contractor will submit a check-off list before and after each event, showing the walk- through process of facility between client and Contractor’s staff. This report will show compliance and/or lack of compliance and will determine whether the security deposit, partial security deposit or no security deposit, will be returned to the client. The check off list must be delivered to the Azusa Senior Center by the next business day, or faxed to (626) 969-5611, Attn: Jennifer Retana, Senior Administrative Technician. (6) SECTION V GENERAL PROVISIONS 1. TERM. This Agreement shall commence on Friday, December 1, 2017 and terminate on Monday, November 30, 2020, unless terminated sooner in accordance with the terms of this Agreement. At the end of this term, said contract may be extended, renewed, or renegotiated by mutual agreement for a maximum of two, one year extensions. 2. SUBCONTRACTOR The Contractor shall bot subcontract any portion of the services except as expressly stated herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3. NOTICES All notices required hereunder shall be given in writing to the following address or such address as the parties may designate by written notice: To The City: Lenore Gonzales, Recreation Supervisor/Senior Services Azusa Senior Center 740 N. Dalton Avenue Azusa CA 91702 To Contractor: The Bashful Butler, Attn: Ben Shultz 124 E. Santa Fe Ave. Azusa CA 91702 4. ATTORNEY’S FEES AND COSTS. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of the Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs. Incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 5. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the City and the Contractor and supersedes any prior verbal or written statements or agreements between the City and the Contractor. No supplement, modification, or amendment of the Agreement shall be binding unless executed in writing by both parties. (7) IN WITNESS WHEREOF, the parties hereto have accepted and made and executed this Agreement upon the terms, conditions, and provisions set forth above as of the Effective Date. “CITY” “CONTRACTOR” By: ____________________________ By: ______________________________ Mayor, City of Azusa Title: ______________________________ Date: ____________________________ Date: ______________________________ ATTEST: By: _____________________________ City Clerk, City of Azusa Date: _____________________________ APPROVED AS TO FORM: ____________________________________ City Attorney ____________________________________ Date (8) Azusa Woman’s Club Request for Proposals Hall Rental & Catering Services Comparison Chart Category: Bashful Butler Joy-full Servings Years of Operation: 10 pts. poss. + 10 pts. Over 40 years in operation. + 2 pts. Although the owner’s experience is extensive, Joy-full Servings has only been in operation for 4 months. Reference Requirement: 10 pts. poss. + 6 pts. Written and telephone references were attached, but reference letters did not accompany the proposal. + 10 pts. Three letters were attached, all excellent recommendations. Proof of Insurance: 5 pts. poss. + 5 pts. Complete +5 pts. Complete Proof of Business License: 5 pts. poss. + 5 pts. Complete + 5 pts. Complete Sample Service Package: (including sample menu) 5 pts. poss. + 3 pts. Nice presentation. A variety of packages are offered. A listing of staff was submitted showing experience and responsibilities. + 5 pts Excellent variety and affordability of meal packages. More flexibility for the interested patron for selection. Great presentation. Last (2) Health Reports: (only A grades apply) 10 pts. poss. + 10 pts. Complete – March 1, 2017 – 95% August 22, 2017 – 99% + 7 pts. Partial – Due to Joy-full Servings being in operation for 4 months. The initial opening report has no grade for comparison. The most recent grade is 100%, received on October 12, 2017. Sample of cleaning check off list for facility: 5 pts. poss. + 5 pts. Excellent, clear, and thorough. +5 pts. Excellent, clear, & thorough. Supply List of Catering & Banquet Equipment: (glassware, serving ware, linens, etc.) 5 pts. poss. + 5 pts. A complete, more extensive supply list was provided. This included hot boxes necessary for transporting food, transportation vehicles, etc. (and other necessary catering components.) + 4 pts. A good list was provided. Total: 49 43 The third proposal was disqualified due to submitting different terms, other than what the City was requesting. Attachment 2