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HomeMy WebLinkAboutF-12 Staff Report - CR TRIO extention senior nutritionCONSENT ITEM F-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: JUNE 21, 2021 SUBJECT: APPROVE AGREEMENT WITH BATEMAN DBA TRIO COMMUNITY MEALS FOR ELDERLY NUTRITION CATERING PROGRAM AT THE SENIOR CENTER BACKGROUND: Since 1978, the City has provided senior meals to elderly residents of the community. The Elderly Nutrition Program is partly funded with federal dollars for the Los Angeles County Area Agency on Aging (the County), which administers the program. On July 18, 2016, the City Council approved an agreement with Bateman DBA Trio Community Meals to provide those meals through June 30, 2020 for an annual contract amount not to exceed $124,270. Subsequently, on June 15, 2020, the City Council approved Amendment No. One increasing the annual contract amount and adding one additional year through June 30, 2021, and on March 1, 2021, approved Amendment No. Two increasing the annual contract amount to $225,000 due to the increase of meals served due to COVID19. The City has been informed that Los Angeles County will be extending our agreement an additional year and therefore not requiring the City to go through the bidding process for catering that is typical of each four-year contract term. The City is at the maximum allowable number of years (5) under the purchasing policy. Due to the abnormality of the last 15 months and the difficulty of putting catering services out to bid during COVID19, Bateman DBA Trio Community Meals has agreed to a one-year stand-alone agreement with the same terms. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Approve Agreement with Bateman DBA Trio Community Meals in an amount not to exceed $225,000; and 2)Authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney; and 3)Approve necessary budget amendment(s) and adjust the current fiscal year budget and blanket purchase order accordingly. APPROVED CITY COUNCIL 6/21/2021 Bateman DBA Trio Community Meals One-Year Agreement June 21, 2021 Page 2 ANALYSIS: The Azusa Senior Center Elderly Nutrition Program caters to over 400 individuals and serves over 50,000 (number increased from 39,000 due to COVID19) meals annually to the elderly of the community. The Elderly Nutrition Program is an integral part of the services the Azusa Senior Center offers to residents through the provision of a nutritious lunch. Because of COVID19, the County will be extending our previous agreement for an additional year and therefore not requiring us to go out to bid for catering as is usually the case. The City is at the maximum allowable number of years for a contract (five in total) per the City’s purchasing policy. Based on the circumstances due to COVID19 and the difficulty with releasing an RFP under said circumstances, Bateman has agreed to honor the same terms of their previous agreement for a one-year stand-alone agreement, expiring June 30, 2022. Bateman’s familiarity with our program will be beneficial during this year of transitioning back to in person senior meals. FISCAL IMPACT: Historically, the City receives funding from the Los Angeles County Area Agency on Aging, to partially cover the costs of the Senior Nutrition Program. Award amounts are typically not known until just after the beginning of the fiscal year. However, it is expected that the funding will continue as it has for decades and our anticipated funding is at least what was received as baseline funding for FY21/22. Any new award of funds and/or changes to the funding amount will be brought to Council for approval, and Department and Finance staff will amend the budget to be consistent with the required modifications. Prepared by: Miki Carpenter Director of Community Resources Reviewed and Approved: Sergio Gonzalez City Mana ger Attachment: 1) Agreement with Bateman DBA Trio Community Meals County of Los Angeles FOOD SERVICE AGREEMENT THIS AGREEMENT, executed in triplicate at Los Angeles, California, is made by and between the City of Azusa, a California profit/nonprofit corporation, hereinafter referred to as the Contractor, and Bateman Community Living, LLC -- dba Trio Community Meals, hereinafter referred to as the Subcontractor. WITNESSETH WHEREAS, the Contractor and the County of Los Angeles, hereinafter referred to as the County, have entered into an Agreement which authorizes the Contractor to provide certain services, said Agreement being Number ENP202101 of County Contracts, dated June 30, 2020 and: WHEREAS, the aforesaid Agreement provides that the Contractor may subcontract for certain professional services subject to prior County approval; and WHEREAS, the Contractor desires to engage the Subcontractor to provide professional services as detailed elsewhere in the Agreement; and WHEREAS, the Subcontractor desires to perform and provide such services: NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Contractor and the Subcontractor agree as follows: Section 1. Statement of Work and Schedule The Subcontractor shall perform and provide the services set forth in the Food Service Specifications, which is attached hereto as Attachment 1 and by this reference incorporated herein. The rights and obligations of the parties to this Agreement shall be subject to and governed by said Food Service Specifications as well as by the general provisions herein. Section 2. Representative of the Parties and Service of Notice The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: A.The representative of the Contractor, shall be, unless otherwise stated in the Agreement: Miki Carpenter, Director of Community Resources 213 E. Foothill Blvd. Azusa, CA 91702 (626) 812-5220 Attachment 1 B. The representative of the Subcontractor shall be: John Kirk, Managing Director P.O. Box 5454 Jackson, MS 39288 (800) 541-3805 Section 3. Compensation to the Subcontractor The Contractor shall pay to the Subcontractor an amount not to exceed $225,000 for complete and satisfactory of the terms of this Agreement. The Subcontractor shall be paid for providing services set forth in Attachment 1. Payment shall be made on a monthly basis. Prices per meal: C-1 Meals = $3.30 per meal C-2 Meals = $3.40 per meal Frozen = $3.75 per meal Section 4. Time of Performance The term of this Agreement shall commence on July 1, 2021 and end June 30, 2022 provided that said term is subject to the provisions of Section 14. Indemnity, Liability, and Insurance Requirements and Section 18. Termination and availability of Federal funds through the Area Agency on Aging. Section 5. Notices, Demand, and Communications A. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, return receipt requested and shall be deemed effective as of the date of mailing. B. Such notices, demands, or communications shall be addressed as set forth below: (1) For the Contractor, authorized signatory Miki Carpenter, Director of Community Services Senior Services 213 E. Foothill Blvd. Azusa, CA 91702 (2) For the Subcontractor: John Kirk, Managing Director P.O. Box 5454 Jackson, MS 39288 C. If the name of the person designated to receive the notices, demands, or communications or the address of such person is changed, written notice shall be given in accord with this section within five (5) working days of said change. Section 6. Audit Records and Bonding A. The Subcontractor shall maintain financial records and reports related to funds received under this Agreement. B. The Subcontractor shall maintain books, records, documents, and other accounting procedures and practices which reflect all costs of any nature, including cost of raw food and labor costs expended in the performance of the Agreement. C. These records shall be subject to audit or inspection by duly authorized County, State or Federal personnel. D. The Subcontractor shall maintain all books, records, and other documents relative to this Agreement for three (3) years after final payment or audit by the United States Department of Health and Human Services, the California Department of Aging, the County of Los Angeles Area Agency on Aging or five (5) years if no audit has occurred. E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, an Insurance Certificate that all persons handling funds received or disbursed by this Agreement ae covered by Fidelity Insurance, Liability Insurance, Workman’s Compensation Insurance and applicable Automobile Insurance. F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public Accountant audit which shall be conducted following generally accepted audit practices, to determine that there has been a proper accounting for and use of contract funds. All records of the Subcontractor bearing upon food purchases, storage, and food preparation directly related to said programs under this Agreement shall be made available to the Contractor upon request. G. The Subcontractor shall furnish reports as required by the Contractor, Los Angeles County Area Agency on Aging, California Department of Aging, and U.S. Administration on Aging. H. The subcontractor shall use standardized recipes which meet HAACP requirements as part of their HAACP Program and which shall be available to Contractor and Los Angeles County Area Agency on Aging for review. I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed. J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor, Dietary Administrative Support Services Contractor, County, State or Federal personnel. Section 7. Amendments to Agreement Any changes in the terms of this Agreement, including changes in the scope of services to be performed by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the Contractor and Subcontractor, shall be incorporated into this Agreement by a written amendment properly executed by both parties. Prior written approval shall be received by the Area Agency on Aging. Section 8. Permits and Licenses The subcontractor shall hold valid permits, licenses, certificates, and other documents as are required by the State, County, City, or other governmental or regulatory bodies to legally engage in and perform the services to be provided under this Agreement such as public health license, L.A. County Health Department Inspection Reports, Annual Fire Inspection Certificates, and other documents attached for County’s approval. The Subcontractor shall notify the Contractor of any suspension, termination, lapses, non-renewals, or restrictions of required licenses, certificates, or other documents which may be cause for termination of the Agreement. Section 9. Conflict of Interest A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest, direct or indirect, with respect to the Contractor which would create a conflict of interest. B. No member, officer, or employee of the Contractor and no official, officer, or employee of the County of Los Angeles who exercises any responsibilities or functions with respect to the Contractor during his tenure or for one year thereafter, shall have any interest, direct or indirect, in the Agreement or the proceeds thereof. C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Contractor, to deduct from the Subcontractor’s fees the amount of such commission, percentage, brokerage, or contingent fee. Section 10. Independent Contractor Status of the Subcontractor The parties agree that the performance of the Subcontractor’s services hereunder shall be in the capacity of an Independent Contractor and that no employees of the Subcontractor have been, are, or shall be employees of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee organization and each employee who is hired or retained under this Agreement. Section 11. Assignment or Transfer of Interest The subcontractor shall not assign or transfer any interest in this Agreement except that claims for monies due or to become due from the Contractor under this Agreement may be assigned to a bank, trust company, or other financial institution, or withheld by the County. Section 12. Applicable Sections of Agreement Between the County of Los Angeles nd the Contractor The Contractor and the Subcontractor agree that all conditions set forth in the Agreement between the County and Contractor, as applicable in the performance of this Agreement, are hereby included herein by reference as though set forth herein in full. Referenced sections are available at the Contractor and the Community and Senior Services of Los Angeles County for review during normal business hours. Section 13. Discrimination Prohibited A. The subcontractor shall not discriminate against any employee or person served on account of race, color, sex, religious background, ancestry, national origin, or disability in its performance of this contract, and hereby agrees to comply with all Federal, State, and County laws or regulations pertaining hereto including the American Disability Act and applicable Civil Rights Acts. B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor shall have the right to terminate said contract. C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables of minority manpower utilization and (2) specific affirmative action steps directed at increasing minority utilization by means of applying good faith efforts to carry out such steps is to be included. Section 14. Indemnity, Liability, and Insurance Requirements A. The Subcontractor agrees to indemnify and hold harmless the Contractor and the County of Los Angeles, their officers, employees and assigns, against any and all claims arising from acts, omissions, or negligence of the Subcontractor, its officers or employees. The Subcontractor shall defend any suit against the Contractor and County alleging personal injury, sickness, or disease arising out of meals served at the project sites (or home delivered) provided food is served one hour after delivery (or eaten immediately after home delivery). B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the Subcontractor or Contractor and, in the event of a suit being filed. The Subcontractor shall promptly forward to the Contractor all papers in connection therewith. The Contractor shall not incur any expenses or make any settlement without the Subcontractor’s consent. However, if Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or settle any such claim and the cost of such defense, adjustment, or settlement, including reasonable attorney’s fees shall be charged to the Subcontractor. C. The Subcontractor shall furnish proof on the form of a hand signed certificate of insurance that he/she carries insurance in the minimum amounts listed below prior to commencement of performance under this Agreement. Such coverage shall be maintained currently effective until receipt of final payment under the terms of this Agreement. 1) Comprehensive General Liability (including Product Liability) $500,000 Combined Single Limit (CSL) Minimum 2) Professional Liability $1,000,000 Per Occurrence 3) Comprehensive Auto Liability (owned and non-owned) Bodily Injury $100,000 each person $300,000 each accident $300,000 aggregate products Property Damage $50,000 each accident $250,000 aggregate operations $250,000 aggregate protection $250,000 aggregate products $250,000 aggregate contractual 4) Worker’s Compensation Statutory limit in accordance with Section 3700 and 3800 of the Labor Code of the State of California 5) Additional Insured The Contractor (City of Azusa) and County of Los Angeles shall be named as additional insured on all policies and certificates 6) Cancellation Notice 30 day Notice of Cancellation shall be mailed to the Contractor and County of Los Angeles Area Agency on Aging at 3175 W. 6th St, Suite 414, Los Angeles, CA 90020 7) In the event any new or additional meal locations are started, the insurance carrier shall name all new or additional sites as insured under the policy. 8) Failure on the part of the Subcontractor to procure or maintain required insurance shall constitute a material breach of agreement and Contractor may immediately terminate or suspend this Agreement. Session 15. Compliance with Statutes and Regulations A. In the performance of this Agreement the Subcontractor shall obey all laws of the United States, the State of California, and the ordinances, regulations, policies, codes, and provisions of the County of Los Angeles and Area Agency on Aging. B. The Subcontractor shall conform to the nutrition requirements under Title III-C of the Older American Acts of 1965, as amended, including providing the minimum Title III-C requirement per person of one third of the Recommended Daily Dietary Allowances (RDA). C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL) the Hazard Analysis and Critical Control Point (HACCP) requirements and AAA Policies and Procedures for Senior Nutrition Sites, Central Kitchens and Home Delivered Meals. Section 16. Federal, State and Local Taxes Federal, State, and local taxes shall be the responsibility of the Subcontractor as an independent contractor and not as a Contractor employee. Section 17. Renewal Options This agreement is for one year only. It is optional on the part of the Contractor to renew the Agreement if desired. However, all agreements must be put out to bid during the AAA RFP period. Contractors must publicly bid on subsequent project year food contract. Bids will be awarded based on cost, capacity to provide service, proven competency, quality of product, proximity of meal locations or other justifiable reasons subject to review and acceptance by the AAA. Section 18. Termination This Agreement may be terminated by the Contractor at any time within the period of its duration upon not less than thirty (30) days written notice by the Contractor to the Subcontractor or immediately for cause. The Subcontractor may terminate this contract upon not less than thirty (30) days written notice to the Contractor. Notice shall be as provided in Section 5 herein. In addition, the contract may be terminated because of lack of funds, repeated citations by the Area Agency on Aging, and failure to make corrective actions required by the Area Agency on Aging. In the event funds to finance this contract, or part of this contract, become unavailable, the obligations of each party hereunder may be terminated upon no less than ten (10) days written notice to the other party. Said notice shall be delivered by certified mail, telegram or in person. The Area Agency on Aging shall be the final authority as to the availability of Federal or State funds. Waivers of breach of any provision of the contract shall not be construed to be a modification of the terms of the contract. Section 19. Negotiation of Disputes Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the parties concerned in such a manner that it will not delay or adversely affect the performance of the Contractor. Should any questions still remain unresolved, the dispute will be submitted to the Director of the Area Agency on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the Subcontractor. Section 20. Prior Approval of Subcontracts The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated under this Agreement without obtaining prior written approval of the Contractor and the Area Agency on Aging which shall then be made a part of the original Agreement. No subcontracts shall be approved which would incur an obligation higher than the original agreed upon price. Section 21. Fair Labor Standards Compliance Subcontractor agrees to indemnify, defend, and hold harmless the County of Los Angeles and Contractor, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act, for services performed by the Subcontractor’s employees for which the Contractor or County may be found jointly or solely liable. Section 22. Citizenship Laws Subcontractor and Contractor warrants their full compliance with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in Federal Immigration Reform & Control Act of 1986. Subcontractor and Contractor shall obtain, from all covered employees services hereunder, all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Subcontractor and Contractor shall retain such documentation for all covered employees for the period prescribed by law. Subcontractor and Contractor shall indemnify, defend and hold harmless the County, its officers, and employees from employer sanctions and any other liability which may be assessed against Subcontractor and Contractor of County of both in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this contract. Section 23. Subcontractor Staffing Requirements To assure that meals are prepared in a safe, sanitary environment, in compliance with the California Health and Safety Code, the AAA Standard Operating Procedures Manual, the Subcontractor shall comply with the following requirements: The Subcontractor shall hire a part-time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor’s degree and/or Master’s Degree in Nutrition/Dietetic with an institutional food service management emphasis from an accredited college or university, for supervision of the food services operation with the catering company and/or central kitchen, or; The Subcontractor shall hire a qualified Food Service Manager who possesses a B.S. degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the 4-year degree requirements. The Subcontractor must submit, to the Contractor, the registration I.D. number and expiration date of the Registered Dietician along with complete verifiable resumes of the Registered Dietitian or Food Service Manager for the County’s AAA approval. The County may, at its sole discretion, waive this requirement or for repeated deficiencies or non-compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to full time positions. Section 24. Date of Execution The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the blank provided herein on all three triplicate originals, which date shall be the date this Agreement is made, provided, however, that the term shall be for the period set forth in Section 4 herein. Section 25. Complete Agreement This Agreement, Appendices, and Addendum if applicable and Attachment 1, contains the full and complete agreement between the two parties and incorporated herein by reference. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. IN WITNESS WHEREOF, the Contractor and the Subcontractor have caused this Agreement to be executed by their duly authorized representatives. Executed this day of . For: For: City of Azusa Bateman Community Living, LLC – dba Trio By: By: Robert Gonzales, Mayor John Kirk, Managing Director Attest: City Attorney By: ADDENDUM OTHER REQUIREMENTS SUBCONTRACTOR SHALL: 1. Prepare meals in the Azusa Senior Center Kitchen, 740 N. Dalton Ave., Azusa, CA 2. Clean and care for all equipment (and that belonging to the City) used during meal preparation. 3. Discuss with Senior Center Staff any concerns regarding need for additional equipment and containers for meal preparation/presentation. Purchase of said items may be negotiated. 4. As deliveries from vendors are received, appropriate items shall be dated and stored on shelves. Dispose of boxes. 5. Must stay in accordance with the Los Angeles County Department of Health regulations, receiving a letter grade of A, 95% or higher at all inspections. 6. Must organize and plan deliveries from other subcontractors during catering staff’s work hours. Catering staff must be present for deliveries or services that are necessary for caterer’s equipment. 7. Retain ownership of all good and supplies located and stored at the Azusa facility for which contractor has been invoiced by the vendor, properly label according to Los Angeles County Department of Public Health. 8. In the event that subcontractor purchases or provides additional equipment or small wares required to prepare and provide meals, that equipment and small wares shall remain the property of subcontractor. Subcontractor will be solely responsible for the maintenance and replacement of additional equipment. Subcontractor shall remove the additional equipment upon termination of this agreement. 9. Contractor shall pay for separate phone line to kitchen. 10. Keep floors clean in the dry storage room, walk-in freezer and refrigerator (daily as needed). 11. Clean stove, oven and hood area daily. 12. Subcontractor will make contractor aware of all other Nutrition Programs being served out of the Azusa Senior Center. 13. Abide by the daily cleaning schedule as required by Los Angeles County and the City of Azusa Senior Center. 14. Work closely with the Nutrition Site Manager on any additional items that need to be ordered, such as monthly birthday ice cream and crackers for soup, etc. (additional items in need of ordering would be paid by the Azusa Senior Center Nutrition Site Council/Azusa Senior Center). 15. Sponsor the Volunteer Holiday Appreciation Breakfast in December and Volunteer Appreciation Dinner in May of each year, anticipating 125 volunteers in attendance. 16. Attend all required CNS and County meetings and trainings. 17. Provide at the expense of the caterer, cake and ice cream of good quality for the monthly birthday celebrations which are held on the last Tuesday of the month. 18. Have a staff person in kitchen at all times, in particular when food is out of refrigerator for preparation purposes or when food is cooking. CITY OF AZUSA SHALL: 1. Be responsible for repair of any City owned equipment. 2. Pay for gas and electricity. 3. Contract with maintenance service to empty trash and mop floors. 4. Be responsible for cleaning the facility as mutually agreed upon in a to-be-decided task list. 5. Be responsible for the cost of all pest control and extermination procedures. PRIOR TO ENTERING AGREEMENT: A complete inventory of all capital equipment and small wares as well as their condition will be taken by Azusa and Contractor at the start of this agreement. Annual inventories and audits of conditions will be taken by Azusa and Contractor. Upon termination of agreement, all items according to the latest inventory must be returned to the Azusa Senior Center in the same condition as received, less consideration for normal wear and tear.