CC - Item 5E - Senior Nutrition Meals Provider - Award of ContractROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: JUNE 9, 2020
SUBJECT: SENIOR NUTRITION MEALS PROVIDER — AWARD OF CONTRACT
SUMMARY
Currently, the City is contracted with Bateman Community Living, LLC d.b.a TRIO Community
Meals to provide meals for the Senior Nutrition Program. The contract for meal services will
expire on June 30, 2020. The City published a Request for Proposal on March 5, 2020, with an
April 5, 2020 submission deadline, which was extended to April 16, 2020. One bid was received
by Bateman Community Living, LLC d.b.a. TRIO Community Meals. Staff is recommending
that the City Council approve a new three-year agreement for meal services beginning July 1,
2020 through June 30, 2023.
DISCUSSION
The Senior Nutrition Program is held Monday through Friday at the Garvey Center. This
program provides a healthy lunch for a suggested donation of $1.25 per resident and $3.25 for
non-residents. The Senior Nutrition Program utilizes both General Fund and CDBG Funding,
the City is required to have the portion of CDBG funds approved by City Council in the Annual
Action Plan (FY 2020-2021). A total of $60,000 of CDBG allocation for the Senior Nutrition
Program is included in the FY 2019-2020 Annual Action Plan.
For FY 2020-2021, Bateman Community Living, LLC is proposing to provide meals at a fixed
price of $3.81 per meal. Pricing adjustments shall be made on an annual basis and shall be
agreed upon by the parties at a rate most recently released by the U.S. Department of Labor
Consumer Price Index, All Urban Consumers, National Average Unadjusted, Food Away From
Home. Up to ninety days prior to the anniversary of Commencement Date, TRIO shall provide
the City of Rosemead notification of the adjustment.
Staff has reviewed the attached contract and requested feedback from senior center staff on
Bateman's performance and service levels. There have been no customer complaints regarding
Bateman services this past year. Bateman has consistently provided quality services to the City
of Rosemead, especially during the COVID-19 Pandemic.
AGENDA ITEM 5.E
City Council Meeting
June 9, 2020
Page 2 of 2
STAFF RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Approve the proposed contract with Bateman Community Living, LLC. d.b.a. TRIO
Community Meal; and
2. Authorize the City Manager to execute the contract on behalf of the City.
FISCAL IMPACT
The amount of $60,000 in CDBG Funds has been budgeted in 260-5205-5720. Additionally, an
amount of $26,000 of general fund has been budgeted in 101-4030-5560.
The total fiscal impact for FY 2020-2021 is estimated at an amount not to exceed $86,000.
STRATEGIC PLAN IMPACT
The project is consistent with the Strategic Plan's guiding principal for fiduciary responsibility of
providing for transparency in financial management of City's finances and providing quality of
life enhancement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification.
Submitted by:
Tom Eloecking
Director of Parks & Relation
Attachment A: Proposed Contract
Attachment B: Request for Proposal
Attachment A
Proposed Contract
CITY OF ROSEMEAD
PROFESSIONAL SERVICE AGREEMENT
PARTIES AND DATE.
This Agreement is made and entered into this 9th day of June, 2020 by and between the
City of Rosemead, a municipal organization organized under the laws of the State of California
with its principal place of business at 8838 East Valley Boulevard, Rosemead, California 91770
("City") and Bateman Community Living, LLC d.b.a. Trio Community Meals a foodservice and
hospitality provider with its principal place of business at 300 S. Tryon St., Suite 400, Charlotte,
NC 28202 ("Contractor"), City and Contractor are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Funding.
City is the recipient of Community Development Block Grant ("CDBG") funds from the
United States Department of Housing and Urban Development (hereinafter "HUD") pursuant to
Title I of the Housing and Community Development Act of 1974 (41 USC 5301-5320) as amended
(hereinafter "ACT"). The City will fund the Senior Nutrition Program ("Project) using CDBG funding
and City funding. Contractor agrees to comply with all requirements of the ACT and the CDBG
Program (24 CFR Part 570) with respect to the Project.
2.2 Contractor.
Contractor desires to perform and assume responsibility for the provision of services
required by the City on the terms and conditions set forth in this Agreement. Contractor represents
that it is experienced in providing senior nutrition lunch services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
2.3 Project.
City desires to engage Contractor to render such services for the Project as set forth in
this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, food, services, and incidental and customary work
necessary to fully and adequately supply the counseling necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
Term. The term of this Agreement shall be three years from July 1, 2020 to June 30, 2023, with
options for two one-year extensions at the City's discretion. Contractor shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates- Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on behalf
of Contractor shall also not be employees of City and shall at all times be under Contractor's
exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "A" attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall
respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements' All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should one
or more of such personnel become unavailable, Contractor may substitute other personnel of at
least equal competence upon written approval of City. In the event that City and Contractor cannot
agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement
for cause. As discussed below, any personnel who fail or refuse to perform the Services in a
manner acceptable to the City, or who are determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety
of persons or property, shall be promptly removed from the Project by the Contractor at the
request of the City. The key personnel for performance of this Agreement are as follows:
Managing Director; Assistant Food Service Director; Food Service Director and, Area Manager.
3.2.5 _City's Representative. The City hereby designates City Manager, or his
designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Agreement. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.2.6 Contractor's Representative. Contractor hereby designates the Managing
Director, or his designee, to act as its representative for the performance of this Agreement
("Contractor's Representative"). Contractor's Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's
2
Representative shall supervise and direct the Services, using his best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City s staff, Contractors and other staff
at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the calling necessary to perform
the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill
and experience to perform the Services assigned to them. Finally, Contractor represents that it,
its employees and subcontractors have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Contractor's failure to comply
with the standard of care provided for herein. Any employee of the Contractor or its sub-
contractors who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Contractor and shall not be re-employed to perform
any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Services. If the Contractor performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising there from. In the event that the City is
required to reimburse the Federal Government as a result of a determination, after audit, that
Contractor has misused funds, Contractor shall pay City all disallowed sums. Contractor shall
defend, indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability
arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance
3.2.10.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor to
commence work on any subcontract until it has provided evidence satisfactory to the City that the
subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
3
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employers Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $3,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be $3,000,000; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation
and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the
State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its directors, officials, officers, employees,
agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon
to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liabilitv
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
lH
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.4 Separation of Insureds; No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City,
its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Deductibles and Self -Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers, or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.10.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
3.2.10.7 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall
be on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and wearing
5
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Retention of Records and Reports. The Contractor shall maintain the
following records and reports to assist the City in maintaining its record keeping requirements:
3.2.12.1 Records.
(A) Documentation of all CDBG funds received by City.
(B) Documentation of expenses as identified in the Bid.
Contractor must establish and maintain, on a current basis, an adequate accounting system in
accordance with generally accepted accounting principles and standards and OMB Circular A-
87. All expenditures must be documented by receipts, invoices, canceled checks, inventory
rerecords, or other appropriate documents for non -personnel cost, and time records for personnel
costs, which completely discloses the amount and nature of the expenditures.
(C) Any such other related records as City shall require.
3.2.12.2 Reports.
(A) Payment Request.
(B) Quarterly Performance Report. Contractor shall submit to
the City every three (3) months, quarterly reports, which shall be a statement describing the steps
and approaches taken to meet the specified goals. This report shall include a project activity
statement and shall include any program income, any joint funding, and nonexpendable and
expendable personal property purchased or leased with CDBG funds. These reports must trace
the CDBG funds award to a level of expenditure adequate to establish that such funds have not
been used in violation of the restrictions and prohibitions of applicable law.
(C) Final Evaluation Report. Contractor shall annually make
available for inspection its performance, financial and all other records pertaining to performance
of this Agreement to authorized City and HUD personnel, and allow said personnel to inspect and
monitor its facilities and program operations, including the interview of Operation Agency staff
and program participants as required by the City. The Contractor agrees to submit all data that
are necessary to complete the Annual Performance Report in accordance with HUD requirements
and no later than fifteen (15) days prior to the expiration of this Agreement.
(D) Any such other reports as the City shall require.
3.2.13 Program Income. Contractor shall comply with the program income
requirements set forth in §570.504 (c). At the end of the Agreement expiration/termination,
Contractor shall remit all any program income balances (including investments thereof) held by
Contractor (except those needed for immediate cash needs, cash balances or a revolving loan
fund, cash balances from a lump sum drawdown, or cash or investments held for section 108
security needs).
3.2.14 Reversion of Assets. Upon the expiration of the Agreement, Contractor
shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds, including any real property under the
C
Contractor's control that was acquired or improved in whole or in part with CDBG funds (including
CDBG funds provided to the Contractor in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the national objectives in §570.208 until five
years after expiration of the Agreement, or for such longer period of time as
determined to be appropriate by City; or
(ii) Not used in accordance with paragraph (b)(7)(i) of §570.503, in
which event the Contractor shall pay to the City an amount equal to the current
market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the
property. The payment is program income to the City (No payment is required after
period of time specified in §570.503(b)(7)(i)).
3.2.15 Uniform Administrative Requirements. The Contractor shall comply with
applicable uniform administrative requirements as described in 24 C.F.R. 570.502.
3.2.16 Compliance with Applicable Laws. Contractor agrees to comply fully with
all applicable federal, State and local laws, ordinances, regulations, and permits, including but not
limited to federal CDBG financial and contractual procedures, and OMB Circular Nos. A-87, A-
133, and A-110 with Attachments A, B, C, F, H, N, and 0, as set forth in 24 C.F.R 570.502(b).
Said federal documents are on file at the City, and are incorporated herein by reference. The
Contractor shall secure any new permits required by authorities herein with jurisdiction over the
project, and shall maintain all presently required permits. The Contractor shall ensure that the
requirements of the California Environmental Quality Act are met for any permits or other
entitlements required to carry out the terms of this Agreement.
3.2.17 Political Activities. The Contractor is prohibited from using funds provided
herein or personnel employed in the administration of the program for political activities as defined
in C.F.R 570.207(a)(3), lobbying, political patronage, and nepotism activities.
3.2.18 Affirmative Action Policy.
3.2.18.1 Provisions of Program Services
(A) Contractor shall not on the ground of race, color, national
origin or sex, exclude any person from participation in, deny any person the benefits or, or subject
7
any person to discrimination under any program or activity funded in whole or in part with CDBG
funds.
(B) Contractor shall not under any program or activity funded
in whole or in part with CDBG funds, on the ground of race, color, national origin, or sex:
1. Deny any facilities, services, financial aid or other
benefits provided the program or activity.
2. Provide any facilities, services, financial aid or other
benefits which are different or are provided in a different form from that provided
to others under the program or activity.
3. Subject to segregated or separate treatment in any
facility in, or in any matter or process related to receipt of any service or benefit
under the program or activity.
4. Restrict in any way access to, or in the enjoyment of
any advantage or privilege enjoyed by others in connection with facilities, services,
financial aid or other benefits under the program or activity.
5. Treat an individual differently from another in
determining whether the individual satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition which the individual must meet, in
order to be provided any facilities, services or other benefit provided under the
program or activity.
6. Deny an opportunity to participate in a program or
activity as an employee.
(C) Contractor may not utilize criteria or methods of
administration which have the effective of subjecting individuals to discrimination on the basis of
race, color, national origin, or sex, or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to individuals of a
particular race, color, national origin, or sex.
(D) Contractor, in determining the site or location of housing
or facilities provided in whole or in part with CDBG funds, may not make selections of such site
or location which have the effect of excluding individuals from, denying from the benefits or, or
subjecting them to discrimination on the ground of race, color, national origin, or sex, or which
have the purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the Civil Rights Act of 1964 and amendments thereto.
(E) In administering a program or activity funded in whole or
in part with CDBG funds regarding which the Contractor has previously discriminated against
persons on the grounds of race, color, national origin or sex, the Contractor must take affirmative
action to overcome the effects or prior discrimination.
Even in the absence of such prior discrimination, a
Contractor in administering a program or activity funded in whole or in part with CDBG funds
should take affirmative action to overcome the effects of conditions which would otherwise result
A
in limiting participation by persons of a particular race, color, national origin or sex. Where
previous discriminatory or usage tends on the ground of race, color national origin, or sex to
exclude individuals from participation in, to deny them the benefits or, or to subject them to
discrimination under any program or activity to which CDBG funding applies, the Contractor has
an obligation to take reasonable action to remove or overcome the consequences or the prior
discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964.
Contractor shall not be prohibited by this part from taking
any eligible action to ameliorate an imbalance in service or facilities provided to any geographic
area or specific group of persons within its jurisdiction where the purpose of such action is to
overcome prior discriminatory practice or usage.
(F) Notwithstanding anything to the contrary in Section
3.2.18.1 (A) -(E) nothing contained herein shall be construed to prohibit any Contractor from
maintaining or constructing separate living facilities or rest room facilities for different sexes.
Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial
services can properly be performed by a member of the same sex as the recipients of the services.
3.2.18.2 Employment Discrimination
(A) Contractor shall not discriminate against any employee
or application for employment because of race, color, religion, sex, national origin, age, familial
status or handicap. Contractor shall take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race, color,
religion, sex, national origin, age, familial status or handicap. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rate of pay or other forms of compensation and selection for
training including apprenticeship. Contractor agrees to post in a conspicuous place available to
employees and applicants for employment, notices setting forth the provisions of this non-
discrimination clause.
(B) Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin, age,
familial status or handicap.
(C) Contractor shall send to each labor union or
representative of workers with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by City's contracting officers advising the labor union or
workers' representative of Contractor's commitments under Section 202 of Executive Order No.
9
11246 of September 24, 1965, and shall post copies of the notices in a conspicuous place
available to employees and applicants for employment.
(D) Contractor shall comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(E) Contractor shall furnish to the City all information and
reports required by Executive Order 11246 or September 24, 1965, and by the related rules,
regulations, and orders.
(F) In the event of Contractors failure to comply with any
rules, regulations, or order required to be complied with pursuant to this Contract, City may cancel,
terminate, or suspend in whole or in part its performance and Contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 or September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(G) Contractor shall include the provisions of Section
3.2.18.2(A)-(F) in every sub-contract or purchase order unless exempted by rules, regulations, or
order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 or
September 24, 1965, so that such provisions will be binding upon each subcontractor rider as the
City may direct as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that is the event Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or vender as a result of such direction by the City, Contractor may
request the United States to enter into such litigation to protect the interest of the United States.
(H) Contractor shall not discriminate on the basis of age in
violation of any provision of the Age Discrimination Action of 1975 (42 U.S.C. 6101 et seq.) or
with respect to any otherwise qualified handicapped individual as provided in Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(1) Contractor shall also provide ready access to and use of
all CDBG fund assisted buildings to physically handicapped persons in compliance with the
standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and with
the requirements of the Americans with Disabilities Act (ADA).
3.2.18.3 Remedies. In the event of Contractor's failure to comply with any
rules, regulations, or orders required to be complied with pursuant to this Agreement, City may
cancel, terminate, or suspend in whole or in part its performance and Contractor may be declared
ineligible for further government contracts and any such other sanctions as may be imposed an
remedies invoked as provided by law.
3.2.19 Ineligibility of Contractors. Contractor shall not use CDBG funds directly or
indirectly in its operations or to comply, award contracts to, or otherwise engage the services of,
or fund any contractor during any period of debarment, suspension, or placement in ineligibility
status of any contractor under the provisions of 24 C.F.R. Part 24.
3.2.20 Assignability. Contractor shall not assign or transfer any interest in this
Agreement, whether by assignment, delegation or novation, without the prior written consent of
10
City; provided, however, that claims for money due or to become due to Contractor from City
under this Agreement may be assigned to a bank, trust company or other financial institution, or
to a trustee in bankruptcy, without such approval. Any assignment, delegation or novation other
that as provided above shall be void, and inoperative. Notice of any proper assignment or transfer
shall be promptly furnished to City.
3.2.21 Conditions for Religious Organization. Contractor shall comply with all
applicable conditions prescribed by HUD for the use of CDBG funds by religious organization if
Contractor is a religious organization.
3.2.22 Licensing. Contractor agrees to obtain and maintain all licenses,
registrations, accreditation and inspections from all agencies governing its operations. Contractor
shall ensure that its staff shall also obtain and maintain all required licenses, registration,
accreditation and inspections from all agencies governing contractors funded hereunder.
3.2.23 Conflict of Interest. In the procurement of supplies, equipment,
construction, and services by contract, the conflict of interest provisions in Attachment 0 of OMB
Circular No. A-110 and 24 C.F.R. 570.611 shall apply.
3.2.24 Other,ProgramRequirements. Contractor shall carry out contract activities
in compliance with all Federal laws and regulations described in subpart K of the CDBG
Regulations, except the following:
(i) Contractor does not assume the City's environmental
responsibilities described at §570.504; and
(ii) Contractor does not assume City's responsibility for initiating the
review process under the provision of 24 CFR part 52.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth.
The total compensation for Fiscal Year 20-21 shall not exceed three dollars and eighty-one cents
($3.81) per meal for a maximum of 560 meals per week (Monday to Friday) for the initial 52 weeks,
without advance written approval of City or its designee. Pricing adjustments shall be made on
an annual basis and shall be agreed upon by the upon by the parties at a rate most recently
released by the U.S. Department of Labor Consumer Price Index, All Urban Consumers, National
Average Unadjusted, Food Away From Home. Up to ninety days prior to the anniversary of
Commencement Date, the Contractor shall provide the City notification of the adjustment. On the
anniversary date, Contractor's proposed adjustments shall go into effect, unless the parties have
entered into a written agreement with an alternative cost adjustment.
3.3.2 Payment of Compensation: Payment shall be made to Contract upon
receipt of the reports, in a form prescribed by City, detailing such expenses. Payment shall be
made in accordance with the City's Warrant Register Schedule. Payment shall be made provided
11
that City is satisfied that such expenses have been incurred within the scope of this Agreement
and that Contractor is in compliance with the terms and conditions of this Agreement.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailinq Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor's principal
place of business and at the project site. Contractor shall defend, indemnify and hold the City, its
elected officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Contractor shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement. This Agreement may be terminated by either
party without cause upon thirty -(30) day's written notice. City shall be responsible for payment for
work performed prior to the time such notice is given, but not for work performed after the notice
if given, unless such work is requested in writing by City after the notice of termination.
3.5.1.1 Suspension and Termination. In accordance with 24 CFR 85.43,
suspension or termination may occur if Contractor materially fails to comply with any term of the
12
Agreement, and that the Agreement may be terminated for convenience in accordance with 24
CFR 85.44.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Contractor in connection with the performance
of Services under this Agreement. Contractor shall be required to provide such document and
other information within thirty (30) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose.
CONTRACTOR:
CITY:
Bateman Community Living, LLC, d.b.a. TRIO Community Meals
10 Canebrake Blvd, Suite 120
Flowood, Mississippi, 39232
Attn: John Kirk, Managing Director
City of Rosemead
8838 East Valley Boulevard
Rosemead, CA 91770
Attn: Thomas Boecking, Director of Parks & Recreation
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Compliance with Federal and State Law and Certification and Assurances.
Contractor stipulates that it understands that the funds for this Contract are originally provided by
the Federal Government and that consequently the expenditure of these funds is subject to
13
specific requirements set forth in various Federal regulations and agreements between the City
and U.S. Department of Housing and Urban Development.
In particular, this Agreement is subject to requirements contained in 24 Code of Federal
Regulations Part 570 and Title I of the Housing and Community Development Act of 1974 and its
amendments.
Contractor and City agree to cooperate to the fullest extent possible to insure compliance
with all Federal requirements. Contractor further warrants that it will comply with the following
requirements:
(A) Compliance with Section 3 of the Housing and Urban
Development Act of 1968.
(B) Requirements relating to equal employment
opportunities.
(C) (C) Requirements relating to the maintenance of a drug -
free workplace.
(D) Compliance with Federal Labor Standards.
(E) Requirements forbidding interests of certain Federal
officials.
(F) Compliance with the Clean Air Act, as amended, 42 USC
1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et. seq., and
EPA regulations in 40 CFR Part 40, as amended.
(G) Requirements forbidding interests in this Contract by City
and local government officials.
(H) Compliance with program income and property
management standards as defined in Federal Office of Management and Budget Circular A-102.
(1) Program income - Transfers of grant funds by the City to
the Contractor shall be adjusted according to the principles described in 24 C.F.R. 507.504
(b)(2)(1) and (ii). Any program income on hand when this agreement expires, or received after this
14
Agreements expiration, shall be paid to the City as required by Section A-15 of this Agreement
and 24 C.F.R. 507.503(b).
(J) Compliance with applicable uniform administrative
requirements as described in 24 CFR Part 570.502(a) and (b).
(K) Compliance with all Federal laws and regulations
described in 24 CFR Part 570 at Subpart K of these regulations except that:
1. The Contractor does not assume the City's
environmental responsibilities described at Section 570.604 of 24 CFR Part 570.
2. The Contractor does not assume the City's
responsibility for initiating the review process under the provisions of 24 CFR Part 52.
(L) Upon expiration of this Agreement, the Contractor shall
transfer to the City any Community Development Block Grant (CDBG) funds on hand at the time
of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property
under the Contractor's control that was acquired or improved in whole or in part with CDBG funds
in excess of $25,000 must be either: (1) used to meet one of the National Objectives in Section
570.91 of 24 CFR Part 570 until five years after the expiration of this agreement; or (2) disposed
of in a manner that results in the City being reimbursed in the amount of the current fair market
value attributable to expenditures of non-CORO funds for acquisition of, or improvement to, the
property.
(M) Other Federal Acts applicable to projects funded with
Community Development Block Grant Funds.
3.5.4 Ownership of Materials and Confidentiality.
3.5.4.1 Documents & Data Licensinq of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all
subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for
any Documents & Data the subcontractor prepares under this Agreement. Contractor represents
and warrants that Contractor has the legal right to license any and all Documents & Data.
Contractor makes no such representation and warranty in regard to Documents & Data which
were prepared by design professionals other than Contractor or provided to Contractor by the
City. City shall not be limited in any way in its use of the Documents and Data at any time, provided
that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.4.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Contractor in
connection with the performance of this Agreement shall be held confidential by Contractor. Such
materials shall not, without the prior written consent of City, be used by Contractor for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
15
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.5 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney's fees and all other costs of such action.
3.5.7 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims.
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees,
agents, Contractors and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys' fees and other related costs and expenses. Contractor
shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions
or other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its directors, officials, officers, employees,
agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse
City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
16
understandings or agreements. This Agreement may only be modified by a writing signed by both
Parties.
3.5.9 Governinq Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Los Angeles County.
3.5.10 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.11 City's Right to Employ Other Contractors. City reserves right to employ
other Contractors in connection with this Project.
3.5.12 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.13 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.14 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.15 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.16 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.17 No Third -Party Beneficiaries. There are no intended third -party
beneficiaries of any right or obligation assumed by the Parties.
3.5.18 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.19 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
17
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising there from.
3.5.20 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, ail activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.5.21 Labor Certification. By its signature hereunder, Contractor certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.22 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.23 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
18
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be
executed by their duly authorized representatives. This Agreement is effective as of June 9, 2020.
CITY OF ROSEMEAD BATEMAN COMMUNITY LIVING, LLC
BY: BY:
Gloria Molleda John Kirk
City Manager Managing Director
ATTEST:
iw
Ericka Hernandez
City Clerk
Approved as to Form:
mm
Rachel Richman
City Attorney
19
EXHIBIT A
SCHEDULE OF SERVICES
Project Name
Senior Nutrition
Target Area
Community Wide
Goals Supported
Increase Public Services for Seniors
Needs Addressed
Supportive Service Needs
Funding
CDBG and General Fund
Description
Provide funds for the Senior Nutrition Program. The Senior
Nutrition Program provides high quality, cost efficient,
nutritious meals at one City location (Garvey Community
Center) to seniors living in Rosemead and promotes the role
of nutrition in preventative health and long-term care.
Target Date
7/1/2020
Estimate the number and
type of families that will
benefit from the proposed
activities
Location Description
Planned Activities
The Senior Nutrition Program will provide high quality, cost
efficient, nutritious meals at the Garvey Community Center to
seniors living in Rosemead and promotes the role of nutrition
in preventative health and long term care.
20
Attachment B
Request for Proposal
City 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
ilara@cityofrosemead.or�
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
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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
I I P a g e
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
21Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
31 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.,
L 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.
I. 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.
cl. Textured vegetable protein may be used at no greater amount than 30% of total protein.
41 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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 I 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:
51 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
61 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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 fiveyears.
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 workwas 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 wouId 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 theCity.
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.
7 1 P a g e
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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" atjlara@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.
81Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
91 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
101Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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:
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
111Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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
121Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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
131Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
141Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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
151Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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]
161 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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
171Page
K0
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
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.
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
By:
(Signature)
(CONTRACTOR Name)
(Title)
ATTEST:
Ericka Hernandez, City Clerk
181 Page
By:
CITY OF ROSEMEAD
Gloria Molleda, City Manager
APPROVED AS TO FORM:
City Attorney
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
Nate: 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
191Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
201 Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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.
211Page
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
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
November 27, 2020 — Facility Closed
DECEMBER
December 24, 2020 — Christmas Eve
December 25, 2020 — Christmas Day
December 28, 2020 — Closed for Holidays
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
221 Page
DECEMBER
December 24, 2021— Christmas Eve
December 27, 2021— Closed for Holidays
December 28, 2021- Closed for Holidays
December 29, 2021— Closed for Holidays
December 30, 2021— Closed for Holidays
December 31, 2021— New Year's Eve
City of Rosemead — Senior Services Lunch Program Request for Proposal No. 2020-04
ATTACHMENT D
CITY OF ROSEMEAD — DISTRIBUTION LIST
Trio Community Meals
Lisa Jackson
Iisa.iackson@triocommunitymeaIs.com
408-422-2501
P.O. Box 744849
Atlanta, GA 30374
YWCA San Gabriel Valley
info@vwcasgv.org
626-214-9456
943 North Grand Avenue
Covina, CA 91724
231Page