Loading...
HomeMy WebLinkAboutResolution - 2023-R0613 - Contract 17643, Heart And Soul Cuisine, Senior Citizens, Adult Activity Centers - 12/12/2023Resolution No. 2023-R0613 Item No. 0613 December 12, 2023 RESOLUTYON I3E I'I' R�SOLVED I3Y TIIL CI"1'Y COiINCII, OP "1'IIC CI"1'Y Ol� r,CJI3130CK: TIIAT the Mayor of the City of Lubbock is hereby authorizcd and directed to executc for and on behalf of the City of Lubbock, Contract No. 17643 for Meal Services for Senior Citizcns, as per RFP 23-17643-DII, by and betwccn thc City of Lubbock and IIcart and Soul Cuisinc, LLC, and relatcd documcnts. Said Contract is attachcd hcrcto and incorporatcd in this resolution as if fully sct forth hcrcin and shall bc includcd in thc minutcs of thc City Council. Passed by the City Council on __ December 12, 2023 TRAY PAYN� AYOR -- - A1'1'EST: Courtncy Yaz, City Sccrctary AYYROVI;D AS '1'O CON'1'EN'1": - ._ 7../--- 5 --- _ � I3roo c Witchcr, Assistant City Managcr APPROVI;D AS 1'O 1�ORM: Rachael Foster, Assistant City Attorney ccdocsII1RI:S.ScrviccContract 17643-I Icart and Soul Cuisinc, I.I,C 12.5.23 Resolution No. 2023-R0613 City of Lubbock Meal Service for Senior Citizens FOOD SERVICE CONTRACT Contract 17643 This contract, (the "Contract"), effective as of December 23, 2023 ,(the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and Heart and Soul Cuisine, LLC (the "Contractor") whose principal place of business is Lubbock, TX. 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 City 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 contract shall be for a term of three (3) year, with the option of two (2), three (3) year extensions, said date of term beginning upon formal approval. This Contract will renew automatically for the additional terms, unless either Party gives 90-day written notice to terminate the Contract. All stated annual quantities are approximations of usage during the time period to be covered by pricing established by this bid. Actual usage may be more or less. Order quantities will be determined by actual need. The City of Lubbock does not guarantee any specific amount of compensation, volume, minimum, or maximum amount of services under this bid and resulting contract. The Contractor must maintain the insurance coverage required during the term of this contract including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is on fle with the Purchasing and Contract Management Department as required by contract or contract may be terminated for non-compliance. Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or Product Price Index (PPI) as appropriate. Further, if the Contractor can provide documentation for actual charges for material, labor, etc. that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such documentation to the City, and at the City's sole discretion, the contractual rate may be further adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of the current contract period. If an adjustment to pricing is granted under this section, the Contractor must provide the Director of Purchasing and Contract Management written, quarterly documentation to justify the ongoing adjustment. If no such documentation is timely received, the rate will automatically revert to the initial, awarded rate. This contract shall remain in effect until the frst of the following occurs: (1) the expiration date, (2) performance of services ordered, or (3) termination of by either party with a 30 day written notice. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. ARTICLE II COMPENSATION Contractor shall be paid in accordance with Exhibit A, attached hereto, and made a part of this Contract. A�tTICLE 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 laws, 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 meals to the City of Lubbock senior centers. Contractor is not required to serve the meal after delivery of the meals at each site. Currently, senior meals are being served at the following sites: 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 meal 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 ensure timely delivery to the meal sites at least 30 minutes before serving time. D. Food and Quality Standards. 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 meal sites 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 ineals shall meet the following minimum standards. a. Canned fruits shall be USI�A Grade A or Fancy. b. Fresh fruit and vegetables shall be U.S. Fancy, U.S. No. 1 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 'h 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. 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 their own equipment, vehicles, and the availability, presences and supervision of their employees. D. To be responsible for delivering the meals to the meal sites: 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 of A: 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 Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. Workers' Compensation and Employers Liability Insurance: $1,000,000 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 $2,000,000 aggregate 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 Claims. 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 bv the laws of the State of Texas, Contractor and Citv shall defend, indemnifv and hold each other harmless from and a�ainst all claims, liabilitv, loss and expense, including reasonable collection exuenses, attornev's fees and court costs which mav arise because of the ne�ligence, misconduct, or other fault of the indemnifving uartv, its agents or emplovees in the performance of its obligations under the Contract. The obGgations in this section are intended to be within the limits of liabilitv 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: Heart and Soul Cuisine, LLC Attn: Jessica Murray Address: PO Box 64545 City, State, Zip: Lubbock, Texas 79464 Telephone: 806-341-6492 C. Citv's Address. City of Lubbock Community Recreation P.O. Box 2000 1314 Avenue, 3`d Floor Lubbock, TX 79457 Telephone: (806) 775-2673 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�h day after such notice is effective. ARTICLE XV PURCHASING/INVENTORY Heart and Soul Cuisine, LLC shall purchase and pay for all food, supplies and services utilized for the food services to be provided by the Heart and Soul Cuisine, LLC 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. AssiEnabilitv. 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 CONTR.ACT 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. 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 AcY') the same shall be of no force and effect. L. No Personal Liabilitv. 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. Sovereign Immunitv Acknowledged and Retained. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS 1N 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 IMMLTNITIES. 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 Assigning or sublettin� 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 Bi112015 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. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. T. Prohibition On Contracts With Companies Bovcotting Israel No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. U. Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. V. Energv Companies: Contractor represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If Contractor is a company with 10 or more full-time employees and if this Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does not boycott energy companies; and will not boycott energy companies during the term of the Agreement. This verification is not required for an agreement where a governmental entity determines that these requirements are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. W. ConfidentiaGtv. The 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. X. Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Contractor, its agents, employees, and/or subcontractors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this 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 BY: Tray Pay , ayor ATTEST: Cou y az, City Sec ry APPROVED AS TO CONTENT: _ � C y VanGundy, Director of Parks and Recreation CONTRACTOR �b c�W �`� °��� City, State, Zi C� de P APPROVED AS TO FORM: Ra e oster, A si t City Attorney �� l�� .. Ad ress EXHIBIT A COMPENSATION Contractor shall provide an estimated 28,000 meals during the initial term of the Contract for: $ 9.00 per meal, including delivery. A. Billing. No later than fifteen (15) days after the end of each Accounting period, Contractor shall submit to City an invoice for amounts due. 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 one-half percent (1.5%) each month from due date until paid. B. Accounting Periods. "Accounting Periods" shall be designated by the Contractor as either two consecutive calendar weeks or twenty-six (26) accounting periods or as two times per month or twenty-four (24) accounting periods or as one time per month or twelve (12) accounting periods. Subject: Catering Proposal Pricing Bid for Senior Meal Program Dear Honorable Mayor and City Council, We appreciate the opportunity to present our catering services for your upcoming opportunity. Our team has carefully crafted a pricing bid tailored to your specific requirements. *"Pricing Details for Meal Charge and Transportation Charge: ** 1. "*Per-Person Pricing- The pricing is structured on a per-person basis, taking into account the estimated number of guests you provided. This ensures a clear understanding of the overall cost based on attendance given the Sunday before the following week. 2. **Labor Costs- the cost of skilled professionals who will be dedicated to the successful execution of the project. This will ensure a team of experienced and qualified individuals to meet the expectations. 3. **Food Costs-The pricing is structured to have flexibility to be able to take the ups and downs of the commodity market. 4. *"Transport of the prepared food Costs- This would cover the fluctuation in the costs of labor, licensing and insurance, gas, and wear and tear of vehicle. Meal charge: $7.00 per meal/person Transportation charge: $2.00 per meal/person Total cost per meal/person: $9.00 per meaVperson **Next Steps:*" We are available to discuss any aspects of the pricing bid in further detail and to address any specific requests or modifications you may have. Your satisfaction is our priority, and we are committed to delivering a reliable and efficient catering experience for Senior Meal Program. Thank you for considering Heart and Soul Catering for this opportunity. We look forward to contributing to the success of the Senior meal program. Best regards, Jessica Murray Owner Heart and Soul Cuisine Jessica .heartandsoullbk.com 8063416492 II. GENERAL REQUIREMENTS 1 INTENT 1 The City of Lubbock (hereinafter called "City") is seeking proposals from a private company, corporation or individual, (hereinafter called "Contractor") to furnish a hot midday meal (lunch) Monday through Friday throughout the year, except for City- observed holidays, for the Senior Citizen's Meals program. T'he Contractor is responsible for cooking the meals at their facility and transporting the meals up to five centers. The 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 (iJSDA) 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 up to five senior centers participating in the Senior Citizen's Meals program. 2 SCOPE OF WORK 2.1 Proposal 2.1.1 The Offeror must submit a proposal for providing for the procurement, preparation and delivery of a hot midday meal (lunch) five days a week for up to five centers. (Serving approximately 80 - 120 meals total daily to five centers or approximately 28, 000 per year) 2.1.2 Meals per day are ONLY an approximate number and can be impacted by weather conditions, seasons, holidays, and special events, etc. 2.2 Responsibility 2.2.1 The Contractor is responsible for cooking the midday meals at their facility for up to five City of Lubbock senior lunch sites and shall be responsible for delivering the meals to these sites located within Lubbock city limits. 2.2.2 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. 2.2.3 The City will notify Contractor by 3:00 p.m. Sunday to confirm counts for each location for the following week. 2.2.4 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. 2.2.5 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 ensure timely delivery to the 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 Insritute 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 speci�ed menu quantities from the SPAG approved menu. No substitutions are allowed. 2.3.4 The 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 will not be allowed. 2.3.5 The 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 The 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 The Contractor shall ensure that meals are at the proper temperature when loaded for transportation to meal sites 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 transportation equipment shall be used to maintain the necessary holding temperatures. 2.3.8 Food used in the preparation of ineals shall meet the following minimum standards. 23.8.1 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 %z 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 Crrade 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 and black pepper shall be available for seasoning during food consumption. Seasonings in addition to those listed in the approved recipes must be approved by a SPAG Licensed 13ietitian. 2.3.8.9 The Contractor shall preserve the nutritional value and safety of food when purchasing, receiving, preparing and delivering to the designated sites. 2.3.9 T'he 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 Inspections 2.4.1 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 (USI]A) 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 no 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 subsNtuNons 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 Food Prep 2.6.1 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 ineals to the designated meal sites. 2.7 Complications 2.7.1 The Contractor will be required to notify a City representative if any complications arise in the facility or with the equipment. 3 OFFERER 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 Food 4.1.1 The Contractor guarantees the quality, safety and wholesomeness of all food served not withstanding any inspections or supervision by the City of Lubbock Health Departrnent. 4.2 Preparation and Serving Areas 4.2.1 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. 4.2.2 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 their own equipment and the availability, presences and supervision of their 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 their own equipment and facility, and the availability, presence and supervision of their employees. 5.1.2 There shall be no subcontractor used by the Contractor to fulfill any items or conditions of the Coniract without prior written consent of the City. 6 EQUIPMENT AND FACILITY MAINTENANCE AND SA1vITATION 6.1 T'he 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. 6.1.1 The Contractor will ensure that their facility does not have problems of insect and pest control in all food service, production, and storage areas. 6.1.2 All pots, pans, dishes, utensils, and other service equipment shall be washed, rinsed, and sanitized in accordance with the City of Lubbock's Health Department regulations. 6.1.3 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 pernussible under the regulations of the City of Lubbock's Health Departrnent. 6.1.4 The Contractor is to provide a monthly sanitation report in accordance with the City of Lubbock's Health Deparhnent 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. 7 RECORDS 7.1 The 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. 8 CONTRACTOR PERSONNEL 8.1 The 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. 9 INSURANCE 9.1 Please refer to Item 32 Insurance Requirements in the Proposal Overview for specific requirements. 10 NIISCELLANEOUS 10.1 By Acceptance of the Contract, the successful Contractor shall warrant that they are familiar with and understands all provisions herein and shall warrant that they 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. EXHIBIT B OFFICIAL CITY HOLIDAYS New Year's Day Martin Luther King Day Good Friday Memorial Day Juneteenth Independence Day Labor Day Thanksgiving Day Friday After Thanksgiving Christmas Eve Chrishnas Day CERTIFICATE OF INTERESTED PARTIES FORnn 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 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1100685 Heart and Soul Catering LLC Lubbock , TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/05/2023 being filed. City of Lubbock Date Acknowledged: 12/05/2023 g 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. 17643 catering services 4 Nature of interest Name of Interested Party Ciry, State, Country (place of business) (check applicable) Controlling Intermediary Murray , Jessica 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) I declare under penalry 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.ethicsstate.tx.us Versinn V3 5 7(1f�R1 ahR CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete �os. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Heart and Sa.il Catering LI_C Lubbock , TX United States being filed. City ot Lubbock or state agency tnat is a FORnn 1295 1of1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2023-1100685 Date Filed: 12/OS/2023 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17643 catering services 4 Name of Interested Party Murray , Jessica 5 Check only if there is NO Interested Parry. � Nature CIry, State, Country (place of business) (check Lubbock, TX United States � X 6 UNSWORN DE LARATION My name is l� ` 1 � W , and my daie of birth is � My address is �� W�0 1 V'� , Wll�f/4�/I � , J � `, _±�LGL � r �, "v • �street) (city) (state) (zip code) (country) I declare under penalry of perjury that the foregoing is true and correct. Executed in �.�, fJ�� County, tate of 'V , on the �day of ��, 20�. (monfh) ear) Signature of authorized agent of contra ng business tity (Decla�ant) Forms provided by Texas Ethics Commission wuvw.ethics.state.tx.us Versi V3.5.1.Of381ab6