RFP No. 2020-04 - Professional Services for Senior Services Lunch ProgramCity of Rosemead – Senior Services Lunch Program Request for Proposal No. 2020-04
REQUEST FOR PROPOSAL NO. 2020-04
PROFESSIONAL SERVICES FOR SENIOR SERVICES LUNCH PROGRAM
SUBMITTALS:
Three (3) bound copies and one (1) electronic PDF file on a flash drive of the
proposal in sealed envelope(s) must be received by
the City of Rosemead’s City Clerk’s Office
no later than 10:00 a.m. on Thursday, April 2, 2020.
CONTACT PERSON:
James Lara, Recreation Supervisor
City of Rosemead
9108 Garvey Avenue
Rosemead, California 91770
(626) 569-2134
jlara@cityofrosemead.org
PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE
CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED.
INQUIRIES: Direct questions for clarification on Request for Proposal
documents to James Lara at (626) 569-2134 or
jlara@cityofrosemead.org
MODIFICATIONS: Any modification of this Request for Proposal will be
provided to Contractors who request notification of any
modifications.
ISSUANCE DATE: Thursday, March 5, 2020
City of Rosemead – Senior Services Lunch Program Request for Proposal No. 2020-04
CONTENTS
A. Introduction .............................................................................................................1
B. Background / Funding ..............................................................................................1
C. Scope of Services .....................................................................................................1
D. Time, Place, And Method for Proposal Submission .................................................5
E. Proposed Term of Contract .....................................................................................5
F. Submittal Deadlines .................................................................................................5
G. Proposer Qualifications ........................................................................................... 6
H. Award of Contract .................................................................................................... 6
I. Right to Reject Quotes ............................................................................................. 6
J. Information to Be Submitted ................................................................................... 6
K. Understanding of Requirements ............................................................................. 8
L. Questions/Clarifications .......................................................................................... 8
M. Insurance .................................................................................................................. 8
N. Professional Services Agreement ............................................................................ 8
O. City’s Responsibilities……………………………………………….….………………………………………8
P. Proposal Evaluation And Criteria………………………………..………………………….…………….8
Q. Discretion and Liability Waiver…………………………………………….……………………………….9
Attachment A: Professional Services Agreement Sample
Attachment B: Insurance Requirements
Attachment C: Holiday and Special Event Schedule
Attachment D: Distribution List
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A. INTRODUCTION
Through this Request for Proposal (“RFP”) and evaluation process, the City of Rosemead is inviting
qualified Contractors to submit proposals to provide professional food services for the Senior Services
Lunch Program at the Garvey Community Center, 9108 Garvey Avenue, Rosemead CA 91770. The
qualified Contractor will furnish all food and equipment necessary for the preparation and delivery of
meals for persons 60 years of age and older Monday through Friday of each week. The City is expecting
the Contractor to commence services beginning July 1, 2020. The Contractor must work in conjunction
with the City of Rosemead’s assigned staff for the general City materials, equipment, and program
needs. The required services and performance conditions are described in the Scope of Services.
B. BACKGROUND / FUNDING
The City of Rosemead is organized under the City Council/City Manager form of government with six
departments and approximately 50 full-time employees. The City of Rosemead is a cost-conscious
provider of outstanding public services to its residents and local businesses, mostly relying on the
contract services model since its incorporation in 1959. The City Council desires to meet to identify its
goals for the upcoming fiscal years. The goals identified help dictate the budget priorities and objectives
included in the annual operating budget. Over the past ten (10) years, these goals have focused on
financial sustainability, providing public safety, improving environmental stewardship and economic
development, and beautify residential neighborhoods and commercial corridors.
Rosemead is a working-class suburb with a diverse population base. According to the 2010 Census, the
City had a population of 53,764. The estimated makeup of the City was 4.7% White, 0.3% African
American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non-Hispanic Other. As a
substantially built-out city, Rosemead only added 259 residents to its population during the last decade
(2000-2010).
The City of Rosemead is seeking professional services for the administration of the City's Senior
Nutrition Program for fiscal year 2021-2022 and up to two subsequent years. This is a partially
federally funded Community Development Block Grant (CDBG) program of the Department of Housing
and Urban Development (HUD) and, therefore, all applicable Federal guidelines, policies, reporting
requirements, and procedures are expected to be complied with in administering the program.
C. SCOPE OF SERVICES
The purpose of the program is to serve hot meals daily (Monday to Friday) to persons 60 years or older.
The Contractor must furnish all food and equipment necessary to prepare all meals and must conform to
the delivery and nutritional requirements herein.
The site location is: Garvey Center, 9108 Garvey Avenue
Rosemead, CA 91770
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Proposers are required to gain an independent understanding of applicable State and Federal regulations
and specifically the requirements contained in the Los Angeles County Nutrition Policies and Procedures
Manual.
The site manager will be provided by the City of Rosemead, for the preparation, serving meals and
cleaning, at the Garvey Center, with the assistance of volunteers provided by the City.
1. NUMBER OF MEALS
The minimum requirement is estimated at 375 meals per week for on-site meals. There are five (5)
special events each year and the daily order may increase between 100-150. There is no guarantee
that the maximum number of meals will be reached. Box lunches may be served upon the City’s
request. For any special lunches, the Contractor shall be notified no less than two (2) weeks in
advance.
2. MEAL STANDARDS
a. The City reserves the right to request for a chemical analysis of any food delivered by
Contractor may be made at any time. The Contractor agrees to cooperate in having the
analysis made. If the analysis discloses that the food does not comply with the specifications
stated in this document, or other applicable governmental regulations, the Contractor shall
be liable for the cost of this analysis.
b. The Contractor shall be liable for meals that do not meet the nutritional standards and
requirements or are spoiled or unwholesome at time of delivery, or are incomplete, or
insufficient in number ordered, or are delivered after the time specified. In the event the
Contractor fails to deliver meals, other foods, or supplies as agreed upon, the City may provide
meals purchased from other places and charge the cost of the purchased meal to the
Contractor.
c. If any portion of a meal, other than the entree, is delivered in an unacceptable condition, such
as incorrect temperature (*potentially hazardous), less than contracted portion, spoiled or
too late, the Contractor shall be liable for the cost of that portion. If the entree is
unacceptable, the Contractor shall be liable for the cost of the entire meal. In order to ensure
conformance to the above, the delivery driver shall remain at the site until the food is checked
by staff. All shortages shall be noted on delivery slip for proper crediting.
d. The Contractor agrees to monitor and evaluate meal preparation delivery, transportation, and
general standards of meal service. Meals need to arrive to the center no later than 11:00 a.m.
3. MENUS
a. All menus shall be in compliance with Title III-C meal pattern requirements, summarized in
Sections G and H.
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b. The Contractor has the responsibility for menu writing with concurrence of the City.
Contractor may meet or exceed standards.
c. The Contractor is responsible for typing and duplicating menu.
d. All menu substitutions by the Contractor shall be submitted in writing for approval by the City
at least five (5) days prior to serving date. The Contractor may, however, in an emergency
situation make menu substitutions on verbal approval with a written notice to follow for
documentation.
e. Provisions shall be made by the Contractor to provide in-service training regarding food
sanitation for the City food service staff. *See definition of Potentially hazardous food, AAA
Nutrition Policy and Procedures Manual.
4. MEAL SPECIFICATIONS
Item Serving Size
Meat 4 oz. edible portion (exclusive of bone,
fat, gristle, etc.)
Vegetables/Fruits 2 (1/2 cup each) servings (exclusive of dessert)
Juice (As needed to satisfy
Vitamin C requirements)
1/2 cup
Enriched bread or alternative (starch) 1 slice or 1/2 cup or equivalent
Margarine 1 teaspoon
Dessert 1/2 cup or equivalent
Milk 8 oz. or equivalent
Beverage (optional) Coffee, decaffeinated coffee, or tea
Salad or Soup 1/2 cup salad or 6 oz. cup soup
5. MINIMUM GRADES
Minimum grades for all foods shall be as follows:
a. Beef: USDA Grade "A" Choice.
b. Pork: USDA Number 1 (as defined in S.R.A. Number 171, U.S. Standards and Grades of Pork
Carcasses).
c. Lamb: USDA Choice.
d. Poultry: USDA Grade "A" to be used for all fresh and frozen poultry products. Necks, backs,
or wings shall not be used without prior approval of the Project Director or Project
Dietitian or Nutritionist. Reconstructed roll products are not acceptable.
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e. Variety Meats: Grade Number 1 from USDA Government inspected plants.
f. Dairy Products: Following is to be used as minimum specifications for all graded dairy
products:
o Eggs, fresh USDA or State Graded "A";
o Cheese, USDA Grade "A," non-processed cheese; and
o Milk shall be available in a variety of types, including whole, nonfat, low-fat and
buttermilk.
g. Fish and seafood must be fresh or frozen and be a nationally distributed brand packed under
continuous inspection of the U.S. Department of Interior.
h. Canned Fruits and Juices: USDA Grade "A" (fancy) and Grade "B" (choice) are to be used for
all graded fruits and fruit juices, Grade "C" (standard) may be used for pie and cobbler
production only.
i. Fresh fruits: USDA Fancy to USDA Number 1 to be used for all graded fresh fruits as a minimum
standard.
j. Fresh vegetables: USDA Fancy and Number 1 to be used for all graded fresh vegetables as a
minimum standard.
k. Frozen fruits and vegetables: USDA Grade "A" is to be used for all graded frozen fruits and
vegetables as a minimum standard.
l. In the preparation of all meals the Contractor shall use a minimum of simple sugars. Each
meal shall not exceed 1100 mg. sodium and shall be low in fat.
m. Special diets, specifically low sodium, low fat, and sugar free, shall be provided as specified
(optional).
n. 100% milk shall be available in a variety of types including whole, low-fat, nonfat, and
buttermilk, as well as, an option of any of the following: soy, almond and/or oat milk.
o. Contractor shall provide all condiments which are normally served with specific menus
including, but not limited to, salt, pepper, salad dressing, tartar sauce, mustard, catsup, cream,
sugar, and garnishes such as lemon slices, parsley, etc. In addition, the Contractor shall
provide all soft goods/software, such as knives, forks, spoons, cups, napkins, plates, etc.
p. Ground beef may be used no more often than two (2) times a week and must be solid form
such as meatloaf or Salisbury steak for one of the servings.
q. Textured vegetable protein may be used at no greater amount than 30% of total protein.
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r. Meat alternatives (dried beans, peas, lentils, nut butters) shall not be served more often than
one (1) time per week.
s. Desserts such as fruits, puddings, gelatin with fruit, ice cream, ice milk, sherbet, and similar
foods shall be served throughout the week in one-half (1/2) cup portions. Oatmeal, wheat,
and peanut butter cookies, not to exceed 80 calories per serving, may be included once a
week. High calorie desserts such as plain gelatin desserts, cake, pie, cookies, and similar foods
shall also be included but are to be limited to once a week.
t. Different fruits shall be served at least three (3) days a week for desserts. Whole fruit in season
shall be served at least one time during each week. Canned fruit will be water packed or
packed in its own juice.
u. Menu – Same entree cannot be served back-to-back or in the same week.
D. TIME, PLACE, AND METHOD FOR PROPOSAL SUBMITTION
The City must receive three (3) sets of proposals from interested Contractors no later than 10:00 a.m.
on Thursday, April 2, 2020. Please submit all proposals to:
Request for Proposal – Professional Services Senior Lunch Program
ATTN: Ericka Hernandez, City Clerk
City of Rosemead | City Clerk’s Office
8858 E. Valley Blvd.
Rosemead, CA 91770
Electronic, faxed, or late proposals will not be considered.
E. PROPOSED TERM OF CONTRACT
The proposed term of the contract is three (3) years commencing July 1, 2020, with options for two
one-year extensions at the City’s discretion.
F. SUBMITAL DEADLINES
Below is the tentative RFP scheduled, subject to change:
RFP Submittal Information Deadlines
RFP Available March 5, 2020
Question Submittal Deadline March 23, 2020
Staff Response to Questions March 26, 2020
Deadline to Submit Proposal April 2, 2020
Mandatory Interviews Week of April 20 (Tentative)
Agreement Presented to Council May 12, 2020 (Tentative)
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G. PROPOSER QUALIFICATIONS
1. The City requires proposals submitted by primary Contractors only. The Contractors will have
complete and exclusive responsibility for satisfying all City conditions and requirements at all
times during the life of the agreement. Any subcontractors mentioned in the RFP and/or used in
the implementation of the Agreement will have no formal relationship with the City.
2. Primary Contractors must have experience in providing similar work in at least three similar
organizations.
3. A complete listing of the staff identified in the work plan by job classification, along with their
resumes. Each resume shall include the individual’s relevant qualification and experience.
H. AWARD OF CONTRACT
Staff, led by the City Manager, will evaluate the proposals and make their recommendation to City
Council for approval. Contractors may be asked to make oral presentations to supplement their
proposals. Proposals will be selected in accordance with the City’s purchasing policy on Professional
Services where selection is not bound by the lowest bid but made in the sole discretion of staff and
City Council.
Proposals must be guaranteed by the Contractor for 60 days after the quote opening on Thursday,
April 2, 2020.
It is anticipated that a standard agreement contract will be signed subsequent to City Council review
and approval of the recommended Contractor.
I. RIGHT TO REJECT QUOTES
The City reserves the right to reject any or all proposals or portions of any or all proposals. Non-
compliance with any of the conditions and instructions stated herein may result in the rejection of
the proposal.
J. INFORMATION TO BE SUBMITTED
Prospective Contractors must submit three bound copies and one electronic copy of their proposal.
The electronic copy must be in searchable PDF format.
1. Proposal Summary:
This section shall discuss the highlights, key features, and distinguishing points of the Proposal. A
separate sheet shall include all the contact people on the Proposal and how to communicate with
them. Limit this section to a total of one to three pages including the separate sheet with contact
personnel.
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2. Profile of the Proposing Contractor:
This section shall include a brief description of the Contractor's size as well as the proposed local
organizational structure. Include a discussion on the Contractor's financial stability, capacity, and
resources. If applicable, include all other Contractors participating in this Proposal, including
similar information about the Contractor/subcontractors.
Additionally, this section shall include a listing of any relevant lawsuit and/or subcontractors’
litigation and the result of that action resulting from (a) any public project undertaken by the
Contractor or by its subcontractors where litigation is still pending or has occurred within the last
five years or (b) any type of project where claims or settlements were paid by the Contractor or
its insurers within the last five years.
3. Qualifications of the Contractor:
This section shall include a brief description of the Contractor's qualification and previous
experience on similar or related projects. Provide a description of pertinent project experience
with other public municipalities (maximum of four) and private sector (maximum of two) that
includes a summary of the work performed, the total project cost, the percentage of work the
Contractor was responsible for, the period over which the work was completed, and the name, title,
and phone number of clients to be contacted for references. Give a brief statement of the
Contractor's adherence to the schedule and budget for each project.
4. Work Plan/Proposed Approach:
In this section, present a well-conceived service plan. This section of the proposal shall establish the
Contractor’s understanding of the City's objectives and work requirements and the Contractor's
ability to satisfy those objectives and requirements. Describe the proposed approach for
addressing the required service, outlining the approach that would be undertaken in providing the
requested services. Include a timetable for transition to full operation. Describe related service
experience by both the Contractor and any subcontractors in similar work. Please describe the role,
extent of services (number of people used or saved, engagement duration, and contract value).
5. Staffing:
In this section, discuss how the Contractor would propose to staff the service described in the Scope
of Work section. Proposed key personnel and shall be identified by name, specific responsibilities,
and their qualifications. Include a current resume and position description for each of the proposed
support technicians. Proposed key personnel will be an important factor considered. There can be
no change of key personnel once the proposal is submitted, without prior approval from the City.
6. Proposed Innovations:
The Contractor may also suggest procedural innovations that have been used successfully on other
engagements and that may provide the City with better outcomes. In this section discuss any ideas,
innovative approaches, or specific new concepts included in the Proposal that would provide
benefit to the City's assessment of the Proposal. Focus primarily on cost saving or efficiency-
enhancing innovations. Include any performance-measuring matrix proposals as well.
7. Proposal Costs Sheet and Rates:
In this section include the proposed costs to provide the services desired. Include any other cost
and price information that would be contained in an agreement with the City. Include the costs for
extra after-hours services or any other services that are considered optional additions.
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K. UNDERSTANDING OF REQUIREMENTS
All proposals accepted by the City must be signed by an authorized representative of the Contractor.
The submission of a signed proposal will be interpreted to mean that the company has thereby
agreed to all conditions, instructions, descriptions and specifications contained herein. All samples
submitted by the Contractor in support of its quote shall become the property of the City.
L. QUESTIONS/CLARIFICATIONS
Please email any questions regarding this RFP to James Lara, Recreation Supervisor with the subject
line “City of Rosemead Senior Lunch Program RFP Questions” at jlara@cityofrosemead.org. Questions
must be received by 6:00 p.m. on Monday, March 23, 2020. All questions received prior to the
deadline will be collected and responses will be posted to the City's website by 6:00 p.m. on Thursday,
March 26, 2020.
M. INSURANCE
The City will require the successful Proposer to provide Certificates of Insurance evidencing required
coverage types and the minimum limits. See ATTACHMENT B: INSURANCE for more information on the
City’s insurance requirements.
N. PROFESSIONAL SERVICES AGREEMENT
The City will require the successful Proposer to execute a professional services agreement with the
City. Please review Attachment A: PROFESSIONAL SERVICES AGREEMENT SAMPLE and identify any
questions or areas or concern in your response to the City.
O. CITY'S RESPONSIBILITY
Upon awarding of the contract, the City shall provide the selected Contractor with any pertinent
ordinances and resolutions or any other information mutually agreed upon that will assist the
Contractor with the completion of the contract requirements.
P. PROPOSAL EVALUATION AND CRITERIA
Proposals will be evaluated on the proposer’s ability to provide services that meet the requirements
set forth in this RPF. The City reserves the right to make such investigations as it deems necessary to
determine the ability of the proposer to provide services meeting a satisfactory level of performance
in accordance with the City’s requirements. The proposer shall furnish such information and data for
this purpose as the City may request, at no cost to the City. Interviews and presentations by one,
several, or all of the proposers submitting a proposal may be requested if deemed necessary to fully
understand and evaluate the proposer’s capabilities and qualifications.
The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its evaluation.
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The final selection of the Contractors will be based on the following criteria:
1. Narrative describing methodology and protocols.
2. Understanding the scope of services.
3. Quality of proposal.
4. Ability of the Contractor to provide the full range of requested services.
5. Demonstrated professional skills and credentials of staff to be assigned to this agreement.
6. Related experience and expertise.
7. Contractor’s ability to execute the contract in a timely manner.
8. References.
9. Cost as compared to related service requirements (lowest cost will not be the sole
determining factor).
The award of a contract will be based on a combination of the aforementioned criteria and costs.
Q. DISCRETION AND LIABILITY WAIVER
1. Proposers shall carefully read the information contained in this RFP and submit a complete
response to all requirements and questions as directed. Incomplete proposals may be considered
non-responsive and may be rejected in the City’s discretion.
2. All information, documentation, and other materials submitted in response to this solicitation are
considered non-confidential and/or non-proprietary and are subject to public disclosure after the
solicitation is completed.
3. Proposers shall prepare and develop proposals at their sole cost and expense.
4. The City makes no representations of any kind that an award of a contract will be made as a result
of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals,
waive any formalities or minor technical inconsistencies, and/or delete any item/requirements
from this RFP when deemed to be in City’s best interest.
5. Failure to comply with all requirements contained in this RFP may result in the rejection of a
proposal.
6. A proposal may be modified or withdrawn in person at any time before the scheduled due date,
provided a receipt for the withdrawn proposal signed by the proposer’s authorized
representative. The City reserves the right to request proof of authorization to withdraw a
proposal.
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7. The City may evaluate the proposals based on the anticipated completion of all or any portion of
the project. The City reserves the right to divide the project into multiple parts, to reject any and
all proposals and re-solicit for new proposals, or to reject any and all proposals and temporarily
or permanently abandon the project.
8. The City may, in the evaluation of proposals, request clarification from proposers regarding their
proposals, obtain additional material or literature, and pursue other avenues of research as
necessary to ensure that a thorough evaluation is conducted.
9. By submitting a proposal in response to this RFP, the Contractor accepts the evaluation process,
acknowledges and accepts that determination will require subjective judgments by the City, and
waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.
10. The City of Rosemead expects the highest level of ethical conduct from proposers, including
adherence to all applicable laws and local ordinances regarding ethical behavior.
11. If an agreement cannot be reached with the highest ranked proposer, City reserves the right to
terminate negotiations with that party and enter into negotiations with the next highest ranked
proposer.
12. Finalists in the selection process may be asked to attend an interview once the RFP process is
complete.
13. Acceptance of any proposal is contingent upon the proposer’s certification and agreement by
submittal of its offer, to comply and act in accordance with all provisions of the City’s Municipal
Code.
All proposals submitted shall be binding for 60 days from the date of submittal.
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ATTACHMENT A
(DRAFT)
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF ROSEMEAD
AND
CONTRACTOR
This PROFESSIONAL SERVICE AGREEMENT (PSA) (“AGREEMENT”), is made and effective as of [Insert
date], between the (“AGENCY”) [Insert agency name], a municipal corporation and [Insert
CONTRACTOR], [a sole proprietorship, partnership, limited liability partnership, corporation]
(“CONTRACTOR”). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
I. TERM
This AGREEMENT shall commence on [Insert date] and shall remain and continue in effect until
tasks described herein are completed, but in no event later than [Insert date] unless sooner
terminated pursuant to the provisions of this AGREEMENT.
II. SERVICES
CONTRACTOR shall perform the tasks described and set forth in EXHIBIT A, attached hereto
and incorporated herein as though set forth in full. CONTRACTOR shall complete the tasks
according to the schedule of performance which is also set forth in EXHIBIT A. To the extent
that EXHIBIT A is a proposal from CONTRACTOR, such proposal is incorporated only for the
description of the scope of services and no other terms and conditions from any such proposal
shall apply to this AGREEMENT unless specifically agreed to in writing.
III. PERFORMANCE
CONTRACTOR shall at all times faithfully, competently and to the best of his/her ability,
experience, and talent, perform all tasks described herein. CONTRACTOR shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of CONTRACTOR hereunder in meeting its obligations under
this AGREEMENT.
IV. AGENCY MANAGEMENT
Agency’s [Insert title] shall represent AGENCY in all matters pertaining to the administration of
this AGREEMENT, review and approval of all products submitted by CONTRACTOR, but not
including the authority to enlarge the Tasks to Be Performed or change the compensation due
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to CONTRACTOR. Agency’s Manager shall be authorized to act on AGENCY’s behalf and to
execute all necessary documents which enlarge the Tasks to Be Performed or change
CONTRACTOR’s compensation, subject to Section 5 hereof.
V. PAYMENT
A. The AGENCY agrees to pay CONTRACTOR on a quarterly basis, in accordance with the
payment rates and terms and the schedule of payment as set forth in EXHIBIT B,
attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. This amount shall not exceed [Insert
amount] dollars ($__.00) for the total term of the AGREEMENT unless additional
payment is approved as provided in this AGREEMENT.
B. CONTRACTOR shall not be compensated for any services rendered in connection with
its performance of this AGREEMENT which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the Agency
Manager. CONTRACTOR shall be compensated for any additional services in the
amounts and in the manner as agreed to by Agency Manager and CONTRACTOR at the
time AGENCY’s written authorization is given to CONTRACTOR for the performance of
said services. The Agency Manager may approve additional work not to exceed ten
percent (10%) of the amount of the AGREEMENT, but in no event shall such sum exceed
ten-thousand dollars ($10,000.00). Any additional work in excess of this amount shall
be approved by the Governing Board.
C. CONTRACTOR will submit invoices monthly for actual services performed. Invoices shall
be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY
disputes any of CONTRACTOR’s fees it shall give written notice to CONTRACTOR within
thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
Any final payment under this AGREEMENT shall be made within forty-five (45) days of
receipt of an invoice therefore.
VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The AGENCY may at any time, for any reason, with or without cause, suspend or
terminate this AGREEMENT, or any portion hereof, by serving upon the CONTRACTOR
at least ten (10) days prior written notice. Upon receipt of said notice, the CONTRACTOR
shall immediately cease all work under this AGREEMENT, unless the notice provides
otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such
suspension or termination shall not make void or invalidate the remainder of this
AGREEMENT.
B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall
pay to CONTRACTOR the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the AGENCY. Upon
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termination of the AGREEMENT pursuant to this Section, the CONTRACTOR will submit
an invoice to the AGENCY pursuant to Section 5.
VII. DEFAULT OF CONTRACTOR
A. The CONTRACTOR’s failure to comply with the provisions of this AGREEMENT shall
constitute a default. In the event that CONTRACTOR is in default for cause under the
terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue
compensating CONTRACTOR for any work performed after the date of default and can
terminate this AGREEMENT immediately by written notice to the CONTRACTOR. If such
failure by the CONTRACTOR to make progress in the performance of work hereunder
arises out causes beyond the CONTRACTOR’s control, and without fault or negligence
of the CONTRACTOR, it shall not be considered a default.
B. If the Agency Manager or his/her designee determines that the CONTRACTOR is in
default in the performance of any of the terms or conditions of this AGREEMENT,
he/she shall cause to be served upon the CONTRACTOR a written notice of the default.
The CONTRACTOR shall have ten (10) days after service upon it of said notice in which
to cure the default by rendering a satisfactory performance. In the event that the
CONTRACTOR fails to cure its default within such period of time or fails to present the
AGENCY with a written plan for the cure of the default, the AGENCY shall have the right,
notwithstanding any other provision of this AGREEMENT, to terminate this
AGREEMENT without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this AGREEMENT.
VIII. OWNERSHIP OF DOCUMENTS
A. CONTRACTOR shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by AGENCY that relate
to the performance of services under this AGREEMENT. CONTRACTOR shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.
CONTRACTOR shall provide free access to the representatives of AGENCY or its
designees at reasonable times to such books and records; shall give AGENCY the right
to examine and audit said books and records; shall permit AGENCY to make transcripts
or copies therefrom as necessary; and shall allow inspection of all work, data,
documents, proceedings, and activities related to this AGREEMENT. Such records,
together with supporting documents, shall be maintained for a period of three (3) years
after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this AGREEMENT,
all original documents, designs, drawings, maps, models, computer files, surveys, notes,
and other documents prepared in the course of providing the services to be performed
pursuant to this AGREEMENT shall become the sole property of the AGENCY and may
be used, reused, or otherwise disposed of by the AGENCY without the permission of the
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CONTRACTOR. With respect to computer files, CONTRACTOR shall make available to
the AGENCY, at the CONTRACTOR’s office and upon reasonable written request by the
AGENCY, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, copying and/or printing computer files. CONTRACTOR hereby
grants to AGENCY all right, title, and interest, including any copyright, in and to the
documents, designs, drawings, maps, models, computer files, surveys, notes, and other
documents prepared by CONTRACTOR in the course of providing the services under this
AGREEMENT.
IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless
AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”)
from and against any and all losses, liabilities, damages, costs and expenses, including
legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful
act, error or omission of CONTRACTOR, its officers, agents, employees or
SUBCONTRACTORS (or any agency or individual that CONTRACTOR shall bear the legal
liability thereof) in the performance of services under this AGREEMENT. CONTRACTOR’s
duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or
active negligence.
B. Duty to defend
In the event the AGENCY, its officers, employees, agents and/or volunteers are made a
party to any action, lawsuit, or other adversarial proceeding arising from the
performance of the services encompassed by this AGREEMENT, and upon demand by
AGENCY, CONTRACTOR shall defend the AGENCY at CONTRACTOR’s cost or at AGENCY’s
option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s
fees and costs incurred in the defense of such matters to the extent the matters arise
from, relate to or are caused by CONTRACTOR’s negligent acts, errors or omissions.
Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In
the event of any dispute between CONTRACTOR and AGENCY, as to whether liability
arises from the sole or active negligence of the AGENCY or its officers, employees, or
agents, CONTRACTOR will be obligated to pay for AGENCY’s defense until such time as
a final judgment has been entered adjudicating the AGENCY as solely or actively
negligent. CONTRACTOR will not be entitled in the absence of such a determination to
any reimbursement of defense costs including but not limited to attorney’s fees, expert
fees and costs of litigation.
X. INSURANCE
CONTRACTOR shall maintain prior to the beginning of and for the duration of this AGREEMENT
insurance coverage as specified in EXHIBIT C attached to and part of this AGREEMENT.
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XI. INDEPENDENT CONTRACTOR
A. CONTRACTOR is and shall at all times remain as to the AGENCY a wholly independent
CONTRACTOR and/or independent Contractor. The personnel performing the services
under this AGREEMENT on behalf of CONTRACTOR shall at all times be under
CONTRACTOR’s exclusive direction and control. Neither AGENCY nor any of its officers,
employees, or agents shall have control over the conduct of CONTRACTOR or any of
CONTRACTOR’s officers, employees, or agents, except as set forth in this AGREEMENT.
CONTRACTOR shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, employees, or agents of the
AGENCY. CONTRACTOR shall not incur or have the power to incur any debt, obligation,
or liability whatever against AGENCY, or bind AGENCY in any manner.
B. No employee benefits shall be available to CONTRACTOR in connection with the
performance of this AGREEMENT. Except for the fees paid to CONTRACTOR as provided
in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to
CONTRACTOR for performing services hereunder for AGENCY. AGENCY shall not be
liable for compensation or indemnification to CONTRACTOR for injury or sickness
arising out of performing services hereunder.
XII. LEGAL RESPONSIBILITIES
The CONTRACTOR shall keep itself informed of State and Federal laws and regulations which in
any manner affect those employed by it or in any way affect the performance of its service
pursuant to this AGREEMENT. The CONTRACTOR shall at all times observe and comply with all
such laws and regulations. The AGENCY, and its officers and employees, shall not be liable at
law or in equity occasioned by failure of the CONTRACTOR to comply with this Section.
XIII. UNDUE INFLUENCE
CONTRACTOR declares and warrants that no undue influence or pressure was used against or
in concert with any officer or employee of the AGENCY in connection with the award, terms or
implementation of this AGREEMENT, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the AGENCY has or will
receive compensation, directly or indirectly, from CONTRACTOR, or from any officer, employee
or agent of CONTRACTOR, in connection with the award of this AGREEMENT or any work to be
conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach
of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.
XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of AGENCY, or their designees or agents, and no public official
who exercises authority over or responsibilities with respect to the Project during his/her
tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement
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or sub-agreement, or the proceeds thereof, for work to be performed in connection with the
Project performed under this AGREEMENT.
XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONTRACTOR in performance of this AGREEMENT shall be
considered confidential and shall not be released by CONTRACTOR without AGENCY’s
prior written authorization. CONTRACTOR, its officers, employees, agents, or
SUBCONTRACTORS, shall not without written authorization from the Agency Manager
or unless requested by the Agency Attorney, voluntarily provide declarations, letters of
support, testimony at depositions, response to interrogatories, or other information
concerning the work performed under this AGREEMENT or relating to any project or
property located within the AGENCY. Response to a subpoena or court order shall not
be considered “voluntary” provided CONTRACTOR gives AGENCY notice of such court
order or subpoena.
B. CONTRACTOR shall promptly notify AGENCY should CONTRACTOR, its officers,
employees, agents, or SUBCONTRACTORS be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request (“Discovery”), court order, or subpoena from
any person or party regarding this AGREEMENT and the work performed there under
or with respect to any project or property located within the AGENCY, unless the
AGENCY is a party to any lawsuit, arbitration, or administrative proceeding connected
to such Discovery, or unless CONTRACTOR is prohibited by law from informing the
AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent
CONTRACTOR and/or be present at any deposition, hearing, or similar proceeding as
allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative
proceeding and is adverse to CONTRACTOR in such proceeding, CONTRACTOR agrees
to cooperate fully with AGENCY and to provide the opportunity to review any response
to discovery requests provided by CONTRACTOR. However, AGENCY’s right to review
any such response does not imply or mean the right by AGENCY to control, direct, or
rewrite said response.
XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, which provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the party as set forth
below or at any other address as that party may later designate by notice:
To AGENCY: [Insert agency]
_________________________
_________________________
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Attention: City Clerk
To CONTRACTOR: _________________________
_________________________
XVII. ASSIGNMENT
The CONTRACTOR shall not assign the performance of this AGREEMENT, nor any part thereof,
nor any monies due hereunder, without prior written consent of the AGENCY. Because of the
personal nature of the services to be rendered pursuant to this AGREEMENT, only
CONTRACTOR shall perform the services described in this AGREEMENT. [Insert name] may use
assistants, under his/her direct supervision, to perform some of the services under this
AGREEMENT. CONTRACTOR shall provide AGENCY fourteen (14) days’ notice prior to the
departure of [Insert name] from CONTRACTOR’s employ. Should he/she leave CONTRACTOR’s
employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within
three (3) days of the close of said notice period. Upon termination of this Agreement,
CONTRACTOR’s sole compensation shall be payment for actual services performed up to, and
including, the date of termination or as may be otherwise agreed to in writing between the
Governing Board and the CONTRACTOR. Before retaining or contracting with any CONTRACTOR
for any services under this AGREEMENT, CONTRACTOR shall provide AGENCY with the identity
of the proposed CONTRACTOR, a copy of the proposed written contract between CONTRACTOR
and such sub-CONTRACTOR which shall include and indemnity provision similar to the one
provided herein and identifying AGENCY as an indemnified party, or an incorporation of the
indemnity provision provided herein, and proof that such proposed sub-CONTRACTOR carries
insurance at least equal to that required by this AGREEMENT or obtain a written waiver from
AGENCY for such insurance.
XVIII. LICENSES
At all times during the term of this AGREEMENT, CONTRACTOR shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
AGREEMENT.
XIX. GOVERNING LAW
The AGENCY and CONTRACTOR understand and agree that the laws of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and
also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT
shall take place in the municipal, superior, or federal district court with jurisdiction over the
AGENCY.
XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the
obligations of the parties described in this AGREEMENT. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written and pertaining
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to the subject of this AGREEMENT or with respect to the terms and conditions of this
AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each
party is entering into this AGREEMENT based solely upon the representations set forth herein
and upon each party’s own independent investigation of any and all facts such party deems
material.
XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONTRACTOR is bound by the contents of AGENCY’s Request for Proposal, EXHIBIT “D” hereto
and incorporated herein by this reference, and the contents of the proposal submitted by the
CONTRACTOR, EXHIBIT “E” hereto. In the event of conflict, the requirements of AGENCY’s
Request for Proposals and this AGREEMENT shall take precedence over those contained in the
CONTRACTOR’s proposals. The incorporation of the CONTRACTOR’s proposal shall be for the
scope of services to be provided only, and any other terms and conditions included in such
proposal shall have no force and effect on this AGREEMENT or the relationship between
CONTRACTOR and/or AGENCY, unless expressly agreed to in writing.
XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONTRACTOR warrants and
represents that he/she has the authority to execute this AGREEMENT on behalf of the
CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and
year first above written.
CONTRACTOR CITY OF ROSEMEAD
By:____________________ _______________________
(Signature) Gloria Molleda, City Manager
______________________
(CONTRACTOR Name)
_______________________
(Title)
ATTEST: APPROVED AS TO FORM:
_______________________ By: ____________________
Ericka Hernandez, City Clerk City Attorney
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ATTACHMENT B
INSURANCE REQUIREMENTS
Without limiting CONTRACTOR’s indemnification of AGENCY, and prior to commencement of Work,
CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this
AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory
to AGENCY.
Note: Verify minimum limit for each coverage with Risk Manager.
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form 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 standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad
as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities
of the CONTRACTOR arising out of or in connection with Work to be performed under this
AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount
not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional
liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the
minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity
date, or retroactive date must be before the effective date of this AGREEMENT and CONTRACTOR
agrees to maintain continuous coverage through a period no less than three (3) years after completion
of the services required by this AGREEMENT.
Note: May need to delete workers’ compensation and employer’s liability insurance requirements for
certain sole proprietorships, partnerships, or corporations without employees.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance
(Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
CONTRACTOR shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of AGENCY, its officers, agents, employees and volunteers.
Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to AGENCY as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for workers’
compensation. Insurance certificates and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance. Current certification of insurance shall be kept on file with
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AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the Work hereunder by CONTRACTOR, his agents,
representatives, employees or SUBCONTRACTORS.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or
self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits
of insurance required herein may be satisfied by a combination of primary and umbrella or excess
insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY
before the AGENCY’s own insurance or self-insurance shall be called upon to protect it as a named
insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT
does not comply with these specifications or is canceled and not replaced, AGENCY has the right but
not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be
promptly reimbursed by CONTRACTOR or AGENCY will withhold amounts sufficient to pay premium
from CONTRACTOR payments. In the alternative, AGENCY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the List of
Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A-
(or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s
Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement
shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing
insurance evidence in compliance with these specifications to waive their right of recovery prior to a
loss. CONTRACTOR hereby waives its own right of recovery against AGENCY, and shall require similar
written express waivers and insurance clauses from each of its SUBCONTRACTORS.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any
actual or alleged failure on the part of the AGENCY to inform CONTRACTOR of non-compliance with
any requirement imposes no additional obligations on the AGENCY nor does it waive any rights
hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this
Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by any party or insured
to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR
maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled
to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds
in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.
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Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to
provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a
ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that
AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds
under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in
compliance with these requirements if they include any limiting endorsement of any kind that has not
been first submitted to AGENCY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds
ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not
contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its SUBCONTRACTORS, SUBCONTRACTORS,
and any other party involved with the project who is brought onto or involved in the project by
CONTRACTOR, provide the same minimum insurance coverage and endorsements required of
CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of this
section. CONTRACTOR agrees that upon request, all agreements with CONTRACTORs,
SUBCONTRACTORS, and others engaged in the project will be submitted to AGENCY for review.
Agency’s right to revise specifications. The AGENCY reserves the right at any time during the term of
the contract to change the amounts and types of insurance required by giving the CONTRACTOR ninety
(90) days advance written notice of such change. If such change results in substantial additional cost
to the CONTRACTOR, the AGENCY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY.
AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced
by a deductible. Self-insurance will not be considered to comply with these specifications unless
approved by AGENCY.
Timely notice of claims. CONTRACTOR shall give AGENCY prompt and timely notice of claims made or
suits instituted that arise out of or result from CONTRACTOR’s performance under this AGREEMENT,
and that involve or may involve coverage under any of the required liability policies.
Additional insurance. 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 prosecution of the work.
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ATTACHMENT C
GARVEY COMMUNITY CENTER
HOLIDAY AND SPECIAL EVENT SCHEDULE
(NO LUNCH SERVICE REQUIRED)
JULY SEPTEMBER
July 3, 2020 – Independence Day September 6, 2021 – Labor Day
SEPTEMBER NOVEMBER
September 7, 2020 – Labor Day November 25, 2021 – Thanksgiving
November 26, 2021 – Facility Closed
NOVEMBER
November 26, 2020 – Thanksgiving DECEMBER
November 27, 2020 – Facility Closed December 24, 2021 – Christmas Eve
December 27, 2021 – Closed for Holidays
DECEMBER December 28, 2021- Closed for Holidays
December 24, 2020 – Christmas Eve December 29, 2021 – Closed for Holidays
December 25, 2020 – Christmas Day December 30, 2021 – Closed for Holidays
December 28, 2020 – Closed for Holidays December 31, 2021 – New Year’s Eve
December 29, 2020 – Closed for Holidays
December 30, 2020 – Closed for Holidays
December 31, 2020 – New Year’s Eve
JANUARY
January 1, 2021 – New Year’s Day
January 18, 2021 – Martin Luther King
FEBRUARY
February 15, 2021 – President’s Day
MAY
May 31, 2021 – Memorial Day
JULY
July 5, 2021 – Independence Day
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ATTACHMENT D
CITY OF ROSEMEAD – DISTRIBUTION LIST
Trio Community Meals
Lisa Jackson
lisa.jackson@triocommunitymeals.com
408-422-2501
P.O. Box 744849
Atlanta, GA 30374
YWCA San Gabriel Valley
info@ywcasgv.org
626-214-9456
943 North Grand Avenue
Covina, CA 91724