HomeMy WebLinkAboutResolution - 2019-R0095 - Honeychild Catering Solutions - 03/26/2019Resolution No. 2019-R0095
Item No. 7.14
March 26, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Contract No. 14553 for Meal Service for
Senior Citizens as per RFP 19-14553-SG, by and between the City of Lubbock and
Honeychild Catering Solutions, of Lubbock, Texas, and related documents. Said Contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by the City Council on _ _
March 26, 2019
DANIEL M. POPE, MAYOR
ATTEST:
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Reb cca Garza, Citf Se re
APPROVED AS TO CONTENT:
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Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
y oke, ssistant City Attorney
ccdocs/RES.Service Contract 14553 Meal Service for Senior Citizens
March 11, 2019
Resolution No. 2019-R0095
FOOD SERVICE CONTRACT
This contract, (the "Contract"), effective as of April 3, 2019, (the "Effective Date"), is by and
between the City of Lubbock, (the "City"), a Texas municipal corporation, and Honeychild Catering
Solutions, (the "Contractor") whose principal place of business is 2319 N. Universily Avenue Lubbock
TX 79415.
WITNESSETH
WHEREAS, the City requires a contractor to procure and prepare catered meals for the Lubbock
Senior Citizen Meal Program Monday through Friday, with the exception of City -observed holidays; and
WHEREAS, the Contractor is a qualified food service contractor; and
WHEREAS, the City desires to contract with Contractor to furnish the midday meal for the Lubbock
Senior Citizen Meal Program, which is offered at five senior centers; and
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this
Contract, the City and Contractor hereby agrees as follows:
ARTICLE I
TERMS OF CONTRACT
The term of this Contract shall commence on April 3, 2019 and shall continue, for an initial term,
thru September 30, 2020. The City and the Contractor may, upon written mutual consent, extend the contract
two additional one-year periods. The rate may be adjusted upward or downward at this time at a percentage
not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI),
whichever is most appropriate for the specific contract for the previous twelve -months at the City's
discretion, the effective change rate shall be based on either the local or national index average rate for all
items. If agreement cannot be reached, the contract is terminated at the end of the current contract period.
Such price negotiations shall be completed in writing a minimum of ninety (90) days before the
expiration of said Contract.
ARTICLE II
COMPENSATION
Contractor shall be paid in accordance with Exhibit A, attached hereto, and made a part of this
Contract.
ARTICLE III
TERMINATION
A. Termination Without Cause. Either party may terminate this Contract at any time upon
ninety (90) days' prior written notice to the other of the intention to terminate this Contract.
B. Termination For Cause. In the event either party breaches a material provision hereof
("Cause"), the non -breaching party shall give the other party notice of such Cause. In the
event the Cause is remedied within ten (10) days in the case of failure to make payment when
due or ninety (90) days in the case of any other Cause, the notice shall be null and void. If
such Cause is not remedied within the specified period, this Agreement shall terminate upon
the expiration of such remedy period. The rights of termination referred to in this Contract
are not intended to be exclusive and are in addition to any other rights available to either
party at law or in equity.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
A. Existence. Contractor is in good standing under the laws of the State of Texas and is
qualified to carry on its business in the State of Texas.
B. Power. Contractor has the power to enter into and perform this Contract and all other
activities contemplated hereby.
C. Authorization. Execution, delivery, and performance of this Contract and the activities
contemplated hereby have been duly and validly authorized by the Contractor. This Contract
constitutes legal, valid, and binding obligations of the Contractor and is enforceable in
accordance with the terms thereof.
D. Contractor. Contractor maintains a professional staff and employs, as needed, other
qualified specialists experienced in furnishing meals, and are familiar with all laws, rules,
and regulations, both state and federal, including, without limitation the applicable laws,
regarding the activities contemplated hereby.
E. Performance. Contractor will and shall conduct all activities contemplated by this Contract
in a good and workmanlike manner and comply with all Iaws, rules, and regulations, both
state and federal, relating to furnishing meals, as contemplated hereby. If any of the activities
of the Contractor, or omissions of the activities required herein, shall cause, in whole or in
part, liability or loss on the party of the City, it shall be deemed that the Contractor did not
perform said activities (or omitted the performance of said activities) in a good and
workmanlike manner.
ARTICLE V
SCOPE OF WORK
A. General. Contractor shall furnish a midday meal Monday through Friday throughout the
year except on designated holidays, as requested by City, for the Lubbock Senior Citizens
Meal Program. The Contractor is responsible for cooking and transporting the meals to the
five City of Lubbock senior centers. Contractor is not required to serve the meal after delivery
of the meals at each site.
City shall be responsible for serving at the five sites: Homestead Senior Program, Lubbock
Adult Activity Center, Rawlings Community Center, Simmons Adult Activity Center and
Trejo Supercenter. The Contractor will be responsible for picking up the Contractor's serving
pans on the next delivery day from the five sites to be cleaned by the Contractor. Three
complete sets of pans will be used on a rotating basis so that a separate trip to pick up the
pans will not be necessary. City will notify Contractor by 3:00 p.m. each day how many
meals for each location are required for the following day.
The Contractor shall maintain food service, preparation, and storage areas in a sanitary
condition at all times, employ and train food service employees for said facility, use standard
food cost control methods, furnish supervisory personnel in setting up and maintaining the
facilities operation at a high standard, do all buying and record -keeping, including payrolls.
C. Meal Schedule. Lunch shall be served at 12:00 Noon at all sites. The midday meal shall be
provided Monday through Friday, with the exception of designated holidays. Contractor will
have meals ready by approximately 10:00 a.m. to insure timely delivery to the five senior
centers at least 30 minutes before serving time.
D. Food and Quality Standards.
1. All foods shall be prepared from Standardized Menus and Recipes as provided to the
Contractor from the City to ensure consistent quality and to meet grant requirements.
These requirements ensure the provision of safe and nutritious meals that comply
with the most recent Dietary Guidelines for Americans (DGA) jointly issued and
updated every five years by the United States Department of Agriculture (USDA) and
Health and Human Services (HHS). These menus and recipes provide to each eligible
individual a minimum of 33 1 /3% of the Dietary Reference Index established by the
Food and Nutrition Board of the Institute of Medicine of the National Academy of
Sciences where one meal per day is served. The Standardized Menus and Recipes
have been received by the City from the South Plains Association of Governments
(SPAG) and have been approved by the Licensed Dietitian for the South Plains Area
Agency on Aging.
2. Meals shall consist of the specified menu quantities from the SPAG approved menu.
No substitutions are allowed.
3. Contractor shall provide disposable eating utensils and service ware including plates,
bowls (for soups and stews as needed) and plastic service ware to include forks,
spoons and knifes. "Sporks" and other fork/spoon combinations shall not be allowed.
4. Contractor shall provide butter or margarine, condiments and salad dressings suitable
for elderly consumers and as specified by the SPAG menus and recipes where
applicable.
5. Contractor shall use pan liners in the serving pans for any hot, baked food items. Cold
items or unbaked hot items do not need pan liners.
6. Contractor shall ensure that meals are at the proper temperature when loaded into
transport to the five senior and upon arrival at each site. Hot food shall be at least
135 degrees Fahrenheit or higher, cold food at least 41 degrees Fahrenheit or lower
and frozen food is to be at 32 degrees Fahrenheit or lower. Proper transport equipment
shall be used to maintain the necessary holding temperatures.
7. Food used in the preparation of meals shall meet the following minimum standards.
a. Canned fruits shall be USDA Grade A or Fancy.
b. Fresh fruit and vegetables shall be U.S. Fancy, U.S. No. I or better.
c. Eggs and dairy products shall be USDA Grade A or better.
d. Pork shall be No. 1 and tender with a minimum of fat.
e. Poultry shall be USDA Grade A.
f. Ground beef shall be lean USDA Grade Utility or better.
g. One % pint of 2% low -fat milk shall be served with each meal.
h. No salt or pepper shall be added to the food during preparation unless
otherwise noted in the approved recipe. Iodized salt shall be available and
black pepper for seasoning during food consumption. Seasonings in addition
to those listed in the approved recipes shall be approved by the SPAG
Licensed Dietitian.
i. Contractor shall preserve the nutritional value and safety of food when
purchasing, receiving, preparing and delivering to the designated sites.
8. Contractor shall ensure that the overall appearance of the meals must meet or
exceed commercial food service standards, including the food's color, odor and
taste. Specifications to certify the above mentioned minimum quality standards
shall be on file in Contractor's kitchen for review by City. The City shall work
with the Contractor to provide feedback on issues related to patrons' response to
the meals.
E. Inspection. City may inspect the food service facilities, at any time, to determine compliance
with this Contract. City may, at the Contractor's expense, have food analyzed at a laboratory
to determine compliance with specifications. In the event food analyzed is determined to be
in compliance with specifications the City shall reimburse Contractor for the laboratory
expenses.
F. Menu.
1. Standardized Weekly Menus and Recipes will be provided to the Contractor by the
City to meet the most recent Dietary Guidelines for Americans (DGA) jointly issued
and updated every five years by the United States Department of Agriculture (USDA)
and Health and Human Services (HHS) for individuals aged 60 or above.
2. Each monthly calendar menu cycle shall be submitted to the Contractor by the City
not less than fifteen days (15) days prior to implementation. Any issues the Contractor
may have with the menus should be discussed with the City upon receipt of the
monthly menu schedule.
3. All meals shall be served as planned. No individual item substitutions are
allowed by SPAG. Meals that do not follow the provided recipes or that are
missing menu components, thereby making the meals non -compliant and not
reimbursable by SPAG, may be reimbursed at a lower rate based on the
following:
Entree — 65% off rate per meal.
Side, bread or dessert — 25% off per each item off the rate per meal.
ARTICLE VI
CONTRACTOR COVENANTS
A. To conduct or permit no business or act that is a nuisance or may be in violation of any
federal, state, or local law or ordinance;
B. To guarantee the quality, safety and wholesomeness of all food served not withstanding any
inspections or supervision by the City of Lubbock Health Department. All food service areas
regardless of use shall at all times be accessible and subject to inspection by the City. Said
persons may sample any food served for any meal. Food determined to be unsatisfactory shall
not be served.
C. To provide any equipment, vehicles, labor, and any other materials not provided by the City
necessary to complete the required work. The Contractor shall be responsible for the
maintenance and repair of his own equipment, vehicles, and the availability, presences and
supervision of his employees.
D. To be responsible for delivering the meals to the five sites: Homestead Senior Program,
Lubbock Adult Activity Center, Rawlings Community Center, Simmons Adult Activity
Center and Trejo Supercenter; and for picking up serving pans for cleaning. Three complete
sets of pans may be used on a rotating basis so that a separate trip to pick up the pans will
not be necessary. At the beginning of the contract, the City may provide additional pan to
the Contractor if needed. At the termination of the contract, the same number of pans
provided will be returned to the City by the Contractor.
E. To agree not to use any subcontractor to fulfill any items or conditions of the contract without
prior written consent of the City.
F. To maintain in a condition satisfactory to the City and to adhere to the highest standards of
cleanliness practices to ensure continuous sanitation in all functions and matters related to
the food service program.
G. To obtain a City of Lubbock Health Department Food permit and keep at least one person on
site at all times with a current food handling certification.
H. To wash, rinse, and sanitize all pots, pans, dishes, utensils, and other service equipment in
accordance with the City of Lubbock Health Department regulations.
I. To maintain all food service equipment, carts, surfaces, storage areas, and all other areas
associated with food service in a manner and conditions of sanitation permissible under the
regulations of the City Health Department.
J. To be responsible for the repair and replacement of any damages to public or private property
during the term of the contract and caused by the Contractor or the Contractor's
representative.
K. To employ, train, and supervise all employees and management, as necessary to efficiently
perform the foregoing services and functions. Employees involved with servicing this
contract shall have passed the basic Food Handlers Certification and a copy shall be provided
to the City, including but not limited to drivers, cooks and kitchen staff.
ARTICLE VII
CITY COVENANTS
A. City shall be responsible for serving all meals to its patrons.
B. City will fax or email the Contractor by 3:00 p.m. each day how many meals are required for
each location for the following serving day.
ARTICLE VIII
INSURANCE
A. General. Contractor shall procure and carry, at its sole cost and expense through the life of
this Contract insurance protection hereinafter specified, in form and substance satisfactory to
the City. City must approve all policies prior to the commencement of any activities whether
performed by the Contractor, subcontractor, agents, or third parties. The insurance carrier
must be an insurance company authorized to transact business in the State of Texas and have
a Best's Financial rating ofA:VII. A Certificate of Insurance specifying each and all coverage
shall be submitted to City prior to the execution of this Contract. Written notice of
cancellation or will be provided thirty (30) days in advance of cancellation.
B. Required Coverapte. Contractor shall obtain and maintain policies of insurance throughout
the Contract term in limits specified below.
Workers' Compensation and Employers Liability Insurance:
Contractor shall elect to obtain workers' compensation coverage pursuant to Section
406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage
throughout the term of this Lease and shall comply with all provision of Title 5 of the
Texas Labor Code to ensure that the Contractor maintains said coverage. Any
termination of workers' compensation insurance coverage by Contractor or any
cancellation or non -renewal of workers' compensation insurance coverage for the
Contractor shall be a material breach of this contract. The contractor may maintain
Occupational Accident and Disability Insurance in lieu of Workers' Compensation.
In either event, the policy must be endorsed to include a waiver of subrogation in
favor of the City of Lubbock Workers' Compensation.
Employer's Liability with limits of at least $500,000 each accident, $500,000 by
disease policy limit, and $500,000 by disease each employee shall also be obtained
and maintained throughout the term of this Lease.
2. General Liability:
Contractor's insurance shall contain broad form contractual liability with a combined
single limit of a minimum of $1,000,000 each occurrence and in the aggregate and
shall include the following: Bodily Injury and Property Damage; Broad Form
Contractual Liability; Personal Injury and Advertising Injury; Fire legal liability; and
Products and completed operations.
3. Business Automobile Liability:
Contractor's insurance shall contain a combined single limit of at least $1,000,000
per occurrence, and include coverage for but not limited to the following: Bodily
injury and property damage; and any and all vehicles owned, used or hired.
4. Other Insurance Requirements:
Contractor's general liability insurance policies through policy endorsement must
include wording, which states that the policy shall be primary and non-contributory
with respect to any insurance carried by City of Lubbock. The certificate of insurance
described below must reflect that the above wording is included in evidenced policies.
All policies must be endorsed to include a waiver of subrogation in favor of the City
of Lubbock.
C. Cooperation on CIaims. City agrees to provide immediate written notice to Contractor of
all losses or claims for which it will seek indemnity from Contractor under this agreement.
City agrees not to incur any cost or expense without the approval of Contractor and further
agrees to fully cooperate with Contractor in the investigation, defense and settlement of such
claims.
D. Subcontractors. The Contractor shall require each subcontractor with whom it contracts to
provide activities as contemplated by this Contract, to obtain proof of insurance coverage as
set forth herein, and to provide to Contractor, prior to such person performing any such
activities, a Certificate of Insurance establishing such coverage.
ARTICLE IX
INDEMNITY
To the extent allowable by the laws of the State of Texas Contractor and City shall defend
indemnify and hold each other harmless from and against all claims liability, loss and exiDense,
including reasonable collection expenses, attorne 's fees and court costs which may arise because of
the ne li ence misconduct or other fault of the indenmifying party,its agents or employees in the
performance of its obli ations under the Contract. The obli ations in this section are intended to be
within the limits of liability found in the Texas Tort Claims Act. This clause shall survive termination
of the Contract.
ARTICLE X
INDEPENDENT CONTRACTOR STATUS
Contractor and City agree that Contractor shall perform the duties under this Contract as an
independent contractor. The Contractor has the sole discretion to determine the manner in which the
services are to be performed.
ARTICLE XI
EMPLOYMENT OF AGENTS
Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain
duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation
under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor
shall be required to carry, for the protection and benefit of the City and Contractor and naming said third
parties as additional insured, insurance as described in Article VI Insurance of this Contract.
ARTICLE XII
COMPLIANCE WITH APPLICABLE LAWS
Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules
and regulations relating, in any way, manner or form, to the activities under this Contract, and any
amendments thereto.
ARTICLE XIII
CONFIDENTIALITY
Contractor shall retain all information received from or concerning the City and the City's business
in strictest confidence and shall not reveal such information to third parties without prior written consent of
the City, unless otherwise required by law.
ARTICLE XIV
NOTICE
A. General. Whenever notice from Contractor to City or City to Contractor is required or
permitted by this Contract and no other method of notice is provided, such notice shall be
given by (1) actual delivery of the written notice to the other party by hand, (2) or other
reasonable means (in which case such notice shall be effective upon delivery), or (3) by
depositing the written notice in the United States mail, properly addressed to the other party
at the address provided in this article, registered or certified mail, return receipt requested, in
which case such notice shall be effective on the third business day after such notice is so
deposited.
B. Contractor's Address. Contractor's address and numbers for the purpose of notice are:
Name: Honeychild Catering Solutions
Attn: L.E. (Brad) Anderson III
Address: 2319 N. University
City, State, Zip: Lubbock, Texas, 79415
Telephone: 806-747-7100
Facsimile:
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: City Secretary's Office
P.O. Box 2000
1625 13'h Street, Room 206
Lubbock, TX 79457
Telephone: (806) 775-2061
Facsimile: (806) 775-3983
With Copy To:
City of Lubbock
Indoor Recreation
P.O. Box 2000
1611 loth Street
Lubbock, TX 79457
Telephone: (806) 775-2685
Facsimile: (806) 775-2686
D. Change of Address. Either party may change its address or numbers for purposes of notice
by giving written notice to the other party, referring specifically to this Contract, and setting
forth such new address or numbers. The address or numbers shall become effective on the
15' day after such notice is effective.
ARTICLE XV
PURCHASING/INVENTORY
The Honeychild Catering Solutions shall purchase and pay for all food, supplies and services
utilized for the food services to be provided by the H_oneychild Catering Solutions under this
Contract.
ARTICLE XVI
MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are inserted in this
Contract strictly for the parties' convenience in identifying the provisions to this Contract and
shall not be given any effect in construing this Contract.
B. Audit. Contractor shall provide access to its books and records to the City. The City may
audit, at its expense and during normal business hours, Contractor's books and records with
respect to this Contract between the Contractor and City.
C. Records. Contractor shall maintain records that are necessary to substantiate the services
provided by the Contractor.
D. Assignability. This Agreement may not be assigned by either party without the written
consent of the other party, except that Contractor may, without prior approval and without
exoneration of any of its responsibilities, assign this Agreement to any affiliate or wholly -
owned subsidiary.
E. Funding, The Parties understand and acknowledge that the funding of this Agreement is
contained in each Party's annual budget and is subject to the approval of each Party in each
fiscal year. The Parties further agree that should the governing body of any of the Parties
fail to approve a budget which includes sufficient funds for the continuance of this
Agreement, or should the governing body of any of the Parties fail to certify funds for any
reason, then and upon the occurrence of such event, this Agreement shall terminate as to that
Party and the Party shall then have no further obligation to the any other Party. When the
funds budgeted or certified during any fiscal year by a Party to discharge its obligations under
this Agreement are expended, any other Party's sole and exclusive remedy shall be to
terminate this Agreement.
F. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor,
and their respective successors, legal representatives, and assigns.
G. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE
PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE
JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY
OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT
OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE
CONTEMPLATED HEREBY.
H. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any
court of competent jurisdiction with respect to any person or circumstances, the remainder
of this Contract and the application of such provision to persons and/or circumstances other
than those with respect to which it is held invalid or ineffective shall not be affected thereby.
I. Amendment. No amendment, modification, or alteration of the terms of this Contract shall
be binding unless such amendment, modification, or alteration is in writing, dated subsequent
to this Contract, and duly executed by the Contractor and City.
J. Entire Agreement. This Contract, including Exhibits A and B, hereto, contains the Entire
Contract between the City and Contractor, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated
herein.
K. Public Information. This Agreement is public information. To the extent, if any, that any
provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended (the "Texas Public Information Act") the same shall be of no force and effect.
L. No Personal Liability. Nothing in this Agreement is construed as creating any personal
liability on the part of any employee, officer or agent of any public body that may be a party
to this Agreement.
M. No Joint Enterprise. This Agreement is not intended to, and shall not be construed to, create
any joint enterprise between or among the parties.
N. Soverei n Immunity Acknowledited and Retained. THE PARTIES EXPRESSLY
ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN
ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY
IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY
OPERATION OF LAW. THE PARTIES RETAIN ALL GOVERNMENTAL
IMMUNITIES.
O. Non -Arbitration. The City reserves the right to exercise any right or remedy available to it
by law, contract, equity, or otherwise, including without limitation, the right to seek any and
all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject
to any arbitration process prior to exercising its unrestricted right to seek judicial remedy.
The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision in,
or related to, this Agreement, the former shall control.
P Assianing or subletting the contract The Contractor shall not assign or sublet the contract,
or any portion of the contract, without written consent from the Director of Purchasing and
Contract Management. Should consent be given, the Contractor shall insure the
Subcontractor or shall provide proof on insurance from the Subcontractor that complies with
all contract Insurance requirements.
Q. House Bill 2015 House Bill 2015, signed by the Governor on June 14, 2013 and effective
on January 1, 2014, authorizes a penalty to be imposed on a person who contracts for certain
services with a governmental entity and who fails to properly classify their workers. This
applies to subcontractors as well. Contractors and subcontractors who fail to properly classify
individuals performing work under a governmental contract will be penalized $200 for each
individual that has been misclassified (Texas Government Code Section 2155.001).
R. Senate Bill 252. SB 252 prohibits the City from entering into a contract with a vendor
that is identified by The Comptroller as a company known to have contracts with or
provide supplies or service with Iran, Sudan or a foreign terrorist organization.
S. Prohibition On Contracts With Companies Boycottine Israel The Vendor warrants
that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by
verifying that:
(1) The Vendor does not boycott Israel; and
(2) The Vendor will not boycott Israel during the term of the Agreement.
-----INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year
first above written.
CITY OF LUBBOCK
Daniel M. Pop , Mayor
ATTEST:
t. -t-e- �0
cca larza, ity ec et y
APPROVED AS TO CONTENT:
Bridget Faulicenberry, Dir6ffiorbra s
and Recreation
APPROVED AS TO FORM:
Ryan Bro" istanf City Attorney -
CONTRACTOR
BY:
Authorized Representative
L • F5• Aylkagpi
Print Name
Address
LA") (c ) -n y 15
City, State, Z p Code
City of Lubbock
RFP 19-14553-SG
Meal Service for Senior Citizens
II. GENERAL REQUIREMENTS
INTENT
1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from a private company,
corporation or individual, (hereinafter called "Contractor") to furnish the hot midday meal (lunch)
Monday through Friday throughout the year, except for City -observed holidays, for the Senior
Citizen's Meals program. The Contractor is responsible for cooking the meals at their facility and
transporting the meals to the five centers. Contractor is not required to serve the meal after delivery
of the meals at each site.
1.2 The intent of this request is to furnish hot meals that comply with the most recent Dietary Guidelines
for Americans (DGA) jointly issued and updated every five years by the United States Department of
Agriculture (USDA) and Health and Human Services (HHS). The meals shall provide to each eligible
individual a minimum of 33 1/3% of the Dietary Reference Index established by the Food and
Nutrition Board of the Institute of Medicine of the National Academy of Sciences where one meal
per day is served to people ages 60 or older using recipes and servings as supplied to the Contractor
for the five senior centers participating in the Senior Citizen's Meals program.
2 SCOPE OF WORK
2.1 Offeror must submit a proposal for providing for the procurement, preparation and delivery of a hot
midday meal (lunch) five days a week for five centers. (Serving approximately 120 meals total daily
to five centers or approximately 30, 000 per year)
2.1.1 Center addresses and approximate meals per day. Meals per day are ONLY an approximate
number and can be impacted by weather conditions, seasons, holidays, and special events, etc.
• Homestead Senior Program, 5401 561h Street
Approximate Meals/Daily: 19
• Rawlings Community Center, 213 40'h Street
Approximate MeaIs/Daily: 13
• Mae Simmons Adult Activity Center, 2004 Oak Avenue
Approximate Meals/Daily: 20
• Lubbock Adult Activity Center, 2001 10 Street
Approximate Meals/Daily: 55
• Maggie Trejo Supercenter, 3200 Amherst
Approximate Meals/Daily: 13
2.2 The Contractor is responsible for cooking the midday meals at their facility for the five City of Lubbock
senior lunch sites and shall be responsible for delivering the meals to the five sites:
1. Homestead Senior Program
2. Lubbock Adult Activity Center
3. Rawlings Community Center
4. Simmons Adult Activity Center
5. Trejo Supercenter
The Contractor is responsible for picking up serving pans upon the next serving day for cleaning. Several
sets of pans will be used on a rotating basis so that a separate trip to pick up the pans will not be necessary.
The City will notify Contractor by 3:00 p.m. each day how many meals for each location are required for the
following day.
The Contractor shall maintain food service, preparation, and storage areas in a sanitary condition at all times.
The Contractor shall maintain the delivery vehicle(s) in good working order at all times. The Contractor will
employ and train food service employees for said facility and use standard food cost control methods, furnish
supervisory personnel in setting up and maintaining the facilities operation at a high standard. The Contractor
will do all buying and record -keeping, including payrolls.
Lunch shall be served at 12:00 p.m. at all sites. The midday meal shall be provided Monday through Friday,
with the exception of designated City holidays. Contractor will have meals ready at an agreed upon time by
approximately 10:00 a.m. to insure timely delivery to the five senior centers at least 30 minutes before serving
time.
2.3 Food and Quality Standards
2.3.2 All foods shall be prepared from Standardized Menus and Recipes as provided to the
Contractor from the City to ensure consistent quality and to meet grant requirements. These
requirements ensure the provision of safe and nutritious meals that comply with the most
recent Dietary Guidelines for Americans (DGA) jointly issued and updated every five years
by the United States Department of Agriculture (USDA) and Health and Human Services
(HHS). These menus and recipes provide to each eligible individual a minimum of 33 1/3%
of the Dietary Reference Index established by the Food and Nutrition Board of the Institute of
Medicine of the National Academy of Sciences where one meal per day is served. The
Standardized Menus and Recipes have been received by the City from the South Plains
Association of Governments (SPAG) and have been approved by the Licensed Dietitian for
the South Plains Area Agency on Aging.
2.3.3 Meals shall consist of the specified menu quantities from the SPAG approved menu. No
substitutions are allowed.
2.3.4 Contractor shall provide disposable eating utensils and service ware including plates, bowls
(for soups and stews as needed) and plastic service ware to include forks, spoons and knifes.
"Sporks" and other fork/spoon combinations shall not be allowed.
2.3.5 Contractor shall provide butter or margarine, condiments and salad dressings suitable for
elderly consumers and as specified by the SPAG menus and recipes where applicable.
2.3.6 Contractor shall use pan liners in the serving pans for any hot, baked food items. Cold items
or unbaked hot items do not need pan liners.
2.3.7 Contractor shall ensure that meals are at the proper temperature when loaded into transport to
the five senior and upon arrival at each site. Hot food shall be at least 135 degrees Fahrenheit
or higher, cold food at least 41 degrees Fahrenheit or lower and frozen food is to be at 32
degrees Fahrenheit or lower. Proper transport equipment shall be used to maintain the
necessary holding temperatures.
2.3.8 Food used in the preparation of meals shall meet the following minimum standards.
2.3.8.1 Canned fruits shall be USDA Grade A or Fancy.
2.3.8.2 Fresh fruit and vegetables shall be U.S. Fancy, U.S. No. 1 or better.
2.3.8.3 Eggs and dairy products shall be USDA Grade A or better.
2.3.8.4 Pork shall be No. 1 and tender with a minimum of fat.
2.3.8.5 One %2 pint of 2% low -fat milk shall be served with each meal.
2.3.8.6 Poultry shall be USDA Grade A.
2.3.8.7 Ground beef shall be lean USDA Grade Utility or better
2.3.8.8 No salt or pepper shall be added to the food during preparation unless specified in the
recipe. Iodized salt shall be available and black pepper for seasoning during food
consumption. Seasonings in addition to those listed in the approved recipes shall be
approved by the SPAG Licensed Dietitian.
2.3.8.9 Contractor shall preserve the nutritional value and safety of food when purchasing,
receiving, preparing and delivering to the designated sites.
2.3.9 Contractor shall ensure that the overall appearance of the meals must meet or exceed
commercial food service standards, including the food's color, odor and taste. Specifications
to certify the above mentioned minimum quality standards shall be on file in Contractor's
kitchen for review by City. The City shall work with the Contractor to provide feedback on
issues related to patrons' response to the meals.
2.4 The City may inspect the food service facilities and delivery vehicles, at any time, to determine
compliance with this Contract. The City may, at the Contractor's expense, have food analyzed at a
laboratory to determine compliance with specifications. In the event food analyzed is determined to
be in compliance with specifications the City shall reimburse Contractor for the laboratory expenses.
2.5 Menu
2.5.1 Standardized Weekly Menus and Recipes will be provided to the Contractor by the City to
meet the most recent Dietary Guidelines for Americans (DGA) jointly issued and updated
every five years by the United States Department of Agriculture (USDA) and Health and
Human Services (HHS) for individuals aged 60 or above.
2.5.2 Each monthly calendar menu cycle shall be submitted to the Contractor by the City not less
than fifteen days (15) days prior to implementation. Any issues the Contractor may have with
the menus should be discussed with the City upon receipt of the monthly menu schedule.
2.5.3 All meals shall be served as planned. No individual item substitutions are allowed by
SPAG. Meals that do not follow the provided recipes or that are missing menu
components, thereby making the meals non -compliant and not reimbursable by SPAG,
may be reimbursed at a lower rate based on the following:
Entree — 65% off rate per meal.
Side, bread or dessert — 25% off per each item off the rate per meal.
2.6 The Contractor will be responsible for preparation of all food items according to the recipes and
standards provided by the City and will provide all personnel necessary for the complete operation of
the food service operations and delivery of meals to the five senior sites.
2.7 The Contractor will be required to notify a City representative if any complications arise in the facility
or the equipment.
3 OFFEROR INFORMATION
3.1 The Offeror shall submit the following information with their proposal:
3.1.1 Name and address of operating company or individual.
3.1.2 Experience in food service operations.
3.1.3 A minimum of three business references including names, addresses, and telephone numbers.
Do not use the City of Lubbock or its employees as a reference.
3.1.4 Description of the types and amounts of insurance to be carried by the Contractor.
3.1.5 Description of proposed hours of operation Monday through Friday.
3.1.6 Other information relevant to Offeror's experience and capabilities in procurement and meal
preparations in a food service operation.
4 INSPECTION OF PREMISES
4.1 Inspection of Food: The Contractor guarantees the quality, safety and wholesomeness of all food
served not withstanding any inspections or supervision by the City of Lubbock Health Department.
4.2 Inspection of Preparation and Serving Areas: All food service areas regardless of use, shall at all times
be accessible and subject to inspection by the City. Said persons may sample any food served for any
meal. Food determined to be unsatisfactory shall not be served.
5.1 The Contractor shall provide any utensils, serving trays, pots and pans, equipment, labor, fuel, and
any other materials not provided by the City necessary to complete the required work. The Contractor
shall be responsible for the maintenance and repair of his own equipment and the availability,
presences and supervision of his employees.
5 METHOD OF OPERATION
5.1 The Contractor's personnel shall conduct all operations described in these specifications and the
expense of all such operations shall be the Contractor's.
5.1.1 The Contractor shall provide the preparation site and any equipment, labor, fuel and any other
materials not provided by the City necessary to complete the required work. The Contractor
shall be responsible for the maintenance and repair of his own equipment and facility, and the
availability, presence and supervision of his employees.
6
7
8
9
5.1.2 There shall be no subcontractor used by the Contractor to fulfill any items or conditions of the
Contract without prior written consent of the City.
EQUIPMENT AND FACILITY MAINTENANCE AND SANITATION
6.1 The premises, equipment and facilities shall be maintained by the Contractor in a condition
satisfactory to the City and shall adhere to the highest standards of cleanliness and sanitary practices
to ensure continuous sanitation in all functions and matters related to the food service program.
6.2 The Contractor will ensure that their facility does not have problems of insect and pest control in all
food service, production, and storage areas.
All pots, pans, dishes, utensils, and other service equipment shall be washed, rinsed, and sanitized in
accordance with the City of Lubbock Health Department regulations.
All food service equipment, carts, surfaces, storage areas, and all other areas associated with food
service shall be maintained by the Contractor in a manner and condition of sanitation permissible
under the regulations of the City Health Department.
The Contractor is to provide a monthly sanitation report in accordance with the City of Lubbock's
Health Department regulations, due on the first business day of each month, to the City, outlining the
condition and sanitation level of all major food service equipment.
RECORDS
7.1 Contractor shall keep complete and adequate records satisfactory to the City with regard to
preparation and food quality as it relates to the adherence to the Food and Quality Standards as
outlined for this program.
CONTRACTOR PERSONNEL
8.1 Contractor shall employ, train, and supervise all employees and management, as necessary to
efficiently perform the foregoing services and functions. Employees involved with servicing this
contract shall have passed the basic Food Handlers Certification and a copy shall be provided to the
City, including but not limited to drivers, cooks and kitchen staff.
8.2 Contractor will provide an adequate number of personnel in their facility to properly service this
program Monday through Friday, except City holidays.
INSURANCE
9.1 The proposer selected shall be required to provide and maintain in force insurance in limits no less than
stated below. The City reserves the rights to require higher limits should it deem it in the best interest
of the public.
General Liability Insurance $ 1,000,000
Workers Compensation $ 500,000
Automotive Liability $ 1,000,000
Upon award of the Contract to the successful offeror, shall submit a Certificate of insurance naming the City
as additional insured on the General Liability Insurance and Auto Liability Insurance policies. All policies
shall be endorsed to include a waiver of subrogation in favor of the City.
10 MISCELLANEOUS
10.1 By Acceptance of the Contract, the successful Contractor shall warrant that he is familiar with and
understands all provisions herein and shall warrant that he shall comply with them.
10.2 A failure to adhere to the general provisions of the Contract by the Contractor shall be deemed a
material breach.
10.3 The City and the Contractor each binds himself or herself, his or her successors, assigns and legal
representative to the other party hereto, in respect of all covenants, agreements and obligations
contained in the Contract Documents.
11 TERMS
11.1 The term of this Contract shall commence on April 3, 2019 and shall continue, for an initial term,
thru September 30, 2020. The City and the Contractor may, upon written mutual consent, extend the
contract two additional one-year periods. The rate may be adjusted upward or downward at this time
at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price
Index (PPI), whichever is most appropriate for the specific contract for the previous twelve -months
at the City's discretion, the effective change rate shall be based on either the local or national index
average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the
current contract period. Such price negotiations shall be completed in writing a minimum of ninety
(90) days before the expiration of said Contract.
12 EVALUATION CRITERIA
12.1 Adequate kitchen facility (25 Points)
12.2 Adequate staff and vehicles for meal delivery (20 Points)
12.3 Roles and responsibilities of staff members accountable for the contract (15 Points)
12.4 References (10 Points)
12.5 Cost (30 Points)
13 PROPOSAL FORMAT
a) Proposals should provide a straightforward, concise description of the offeror's capabilities to satisfy the
requirements of the RFP. Emphasis should be on completeness, clarity of content, and conveyance of the
information requested by the City.
b) The proposal should be bound in a single volume where practical. All documentation submitted with the
proposal should be bound in that single volume.
c) If the proposal included any comment over and above the specific information requested in the RFP, it is
to be included as a separate appendix to the proposal.
d) The proposal must be organized into the following response item sections and submitted in an indexed
binder.
e) Cover letter addressed to the Honorable Mayor and City Council that states the Offeror's understanding
of the services to be provided. Include any additional information believed necessary that is not
requested elsewhere in the RFP.
14 FORMS
a) SPAG Approved Weekly Meals
b) Nutrition
F.MH1B)lT A
COWENSA7`ION
Contractor shall provide an estimatod _ 42.QQQ meals during the initial term of the Contract
for:
$_5.00 per meal including delivery.
A. H . No later than fiftm (15) days after the cad of each Accounting period, Contractor
sail submit to City an invoice for amounts dm City shall pay the invoiced amount within
thirty (30) days after the invoice date and shall pay interest on any amount not paid when due
at the rate of one and ono -half percent (1.5%) each month from due date until paid.
B. &UMIRtlaff I . "Accounting Periods" shall be designated by the Contractor as either
two consecutive calendar weeks or twenty-six (26) accounting periods or as two times pp��
month or twenty-four (24) accounting periods or as one time per month or twelve (12}
accounting periods.
EXHIBIT B
OFFICIAL CITY HOLIDAYS
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday After Thanksgiving
Christmas Eve
Christmas Day
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
Complete Nos. i - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2019-463182
i Name of business entity tiling form, and the city, state and country of the business entity's place
of business.
Honeychild LLC
Lubbock, TX United States
Date Filed:
03/13/2019
2 Name of governmen ennty or state agency that is a party to dhe contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3lt3
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19-14553-SG
Meal Service for Senior Citizens
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
controlling
intermediary
Anderson, Craig
Lubbock, TX United States
X
Anderson, L.E.
Lubbock, TX United States
X
Anderson, Diana
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. Q
6 UNSWORN DECLARATION
My name is L V and my date of birth is �
My address is . 5 __, O rr��iS G�
( ) (dty) (State) (zip code) (Country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in ( >C _County, State of _ } on the day of r, r C 20 .
(month) (year)
Signature of aufforized agent of contracting business entity
(Uederano
Forms provided by Texas Ethics Commission www.ethics.state.1x.us Version V1.1.39=39c
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number.
2019-463182
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Honeychild LLC
Lubbock, TX United States
Date Filed:
03/13/2019
2 Name of governmental entity or state agency that is a party tot the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
03/18/2019
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 19-14553-SG
Meal Service for Senior Citizens
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
intermediary
Anderson, Craig
Lubbock, TX United States
X
Anderson, L.E.
Lubbock, TX United States
X
Anderson, Diana
Lubbock, TX United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth Is
My address is
(street) (city) (state) (zip code) (country)
t declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.1.39f8039c