CITY OF DELANO REQUEST FOR PROPOSAL CONTRACT INMATE FOOD SERVICES. DUE..February 16, 2015 TIME 4:00P.M.

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1 CITY OF DELANO REQUEST FOR PROPOSAL CONTRACT INMATE FOOD SERVICES DUE..February 16, 2015 TIME 4:00P.M. 1

2 City of Delano Modified Community Correctional Facility Contract Food Services The City of Delano is seeking qualified food service contractors to provide food service to State of California inmates housed at the Delano Modified Community Correctional Facility. All inquiries concerning this RFP are to be directed to: Chief of Corrections Delano Modified Community Correctional Facility 2727 W. Industry Way P.O. Box 1060 Delano, CA (661) Envelopes containing the Proposals are to be marked: PROPOSAL: MCCF Contract Inmate Food Services Proposal Issuance Date January 26, 2015 Proposal Due Date.February 16, 2015 Proposal Due Time.Before 4:00 P.M. Postmark date will not constitute timely delivery. Responses received after the above time will not be considered. Proposers are solely responsible for ensuring timely receipt of their proposals. RECEIVED BY PROPOSER: Sign, date and return this cover sheet with your proposal. By (Signature) Name and Title Date 2

3 GENERAL INFORMATION Project Background and Description The City of Delano, through its Modified Community Correctional Facility, (hereinafter referred to as CITY ) is soliciting responses from qualified contractors to provide contract inmate food services for the inmate population housed at the Delano Modified Community Correctional Facility. The current contractor served approximately 580,350 meals during the 2014 calendar year. The current average daily population is 565. The facility has a total of 604 beds. All meals are prepared at the facility kitchen. The current contract is scheduled to expire March 31, Proposals must describe how the successful CONTRACTOR will coordinate with the incumbent and the CITY to allow for an uninterrupted transition and implementation of new service to begin April 1, Services Required of Successful Contractor In addition to the food service requirements outlined in Exhibit A-Technical Requirements CONTRACTOR agrees to comply with all federal, state, and local laws and regulations governing the quality, preparation, handling and serving of foods and to procure and keep in effect all necessary licenses, permits, and food handler s cards as required by law. CONTRACTOR agrees that menus shall be planned to provide a variety of foods thus preventing repetitive meals, and shall be in full compliance with The State of California, California Code of Regulations Title 15 Article 4 Food Service and the California Department of Corrections and Rehabilitation DOM Chapter 5 Article 51 (Food Service), American Correctional Association, The National Academy of Sciences Institute of Medicine, Food and Nutrition Board, standards for religious diets as designated by The State of California, California Code of Regulations, title 15 Article 4 Food Service, California Department of Corrections and Rehabilitation DOM Chapter 5, Article 51 (food service) and all regulatory standards of the California Uniform Retail Food Facilities Law (CURFFL). CONTRACTOR shall provide three (3) meals a day, seven (7) days a week. Three meals, including two hot meals shall be provided at regular meal times during each 24 hour period. No more than 14 hours shall pass between the evening meal and breakfast. CONTRACTOR shall ensure that all inmates receive a minimum of 2800 calories per day, in addition to all required nutrients as prescribed in State of California, California Code of Regulations Title 15, Article 4 food service. All meals will be prepared on-site, at the Delano Modified Community Correctional Facility. 3

4 CONTRACTOR shall employ a trained, experienced food service manager to prepare and implement a food service plan in compliance with The State of California, California Code of Regulations Title 15, Article 4 Food Service and California Department of Corrections and Rehabilitation DOM Chapter 5 Food Service. CONTRACTOR agrees to meet bi-weekly with a CITY designated representative for purposes of resolving all food service issues and for conducting joint inspections of all kitchen facilities. CONTRACTOR shall be responsible for responding to all grievances concerning food service issues within twenty-four hours of receiving said grievance from CITY staff. CONTRACTOR shall include in the proposal contingency plans to provide services in the face of unexpected events; i.e., power failure, fire, riot, lockdown, labor strikes, job actions or an act of God that would preclude normal expectations. CITY will determine when an emergency interrupting normal food preparation commences and when the emergency terminates. CONTRACTOR shall provide prompt, efficient, and courteous service and avoid undue interference with facility operations while food service activities occur. Services Provided by the City The CITY will provide a contact person as a primary contact, who will arrange for staff assistance by other CITY staff as may be required. CITY will also provide whatever information necessary to facilitate culinary services. Selection Process All Proposals received by the specified deadline will be reviewed by a City Evaluation Committee. After the initial scoring, the Evaluation Committee may select those firms deemed most qualified for this project for further evaluation. The firm selected by the Evaluation Committee will be recommended to the City Council for this project, but the City Council is not bound to accept the recommendation or award the project to the recommended firm. The following is a list of general criteria that may be used by the Evaluation Committee in determining its recommendation to the City Council. Please note that the Evaluation Committee may consider any information they deem relevant in determining a recommendation to the City Council, and may give each of the criteria considered as little or as much weight as they consider appropriate. a. Proposer s understanding of the RFP requirements and end result. b. Proposer s proposed approach to tasks. 4

5 c. Proposer s experience in similar projects. d. Fee. e. Estimated completion date(s). f. Client references. g. Qualifications of proposer s staff for the project. h. Any other factors the Evaluation Committee deems relevant. The CITY reserves the right to reject any and all Proposals and to waive informalities and irregularities in any Proposals received. Absence of required information may render a Proposal non-responsive, in the sole discretion of the CITY, resulting in rejection of the Proposal. The CITY reserves the right to select the Proposal which in its sole judgment best meets the needs of the CITY. The recommendation by the Evaluation Committee, and the final selection of a proposer by the City Council, shall be based on any information and criteria the Evaluation Committee and City Council consider relevant, which may include criteria not listed above. The lowest proposed cost is not the sole criterion for recommending contract award. The process, procedures and evaluation criteria used by CITY staff and the Evaluation Committee in developing and issuing this RFP and evaluating the Proposals received for purposes of making a recommendation to the City Council shall be determined in the sole discretion the CITY. Potential proposers shall have no rights whatsoever regarding the processes and procedures used by the CITY relating to this RFP or the manner in which a proposer is selected by either the Evaluation Committee or the City Council. Notification After Evaluation of proposals and approval by the City Council, all proposers will be notified by letter of the new CONTRACTOR, within twenty (20) days of the final selection. Solicitation Caveat The issuance of this solicitation does not constitute an award commitment on the part of the CITY, and the CITY shall not pay for cost incurred in the preparation and submission of Proposals. 5

6 The CITY reserves the right to reject any or all Proposals or portions thereof if the CITY determines that it is in the best interest of the CITY to do so. Failure to furnish all information or to follow the format requested herein, or the submission of false information, may disqualify the proposer, in the sole discretion of the CITY. The CITY may waive any deviation in a Proposal. The CITY s waiver of a deviation shall in no way modify the RFP requirements nor excuse the successful proposer from full compliance with any resultant agreement requirements or obligations. Time Time and the time limits stated in this RFP are of the essence of this Request for Proposal. Form of Agreement No agreement with the CITY is in effect until contract has been signed by both parties. Attached to this RFP as Exhibit B is a sample agreement which is in substantially the form the successful proposer will be expected to sign. The final agreement may include the contents of the RFP, and addenda to this RFP, portions of the successful proposer s Proposal and any other modifications determined by the CITY to be necessary prior to its execution by both parties. The sample agreement included in this RFP is for informational purposes and should not be returned with a Proposal; however, the Proposal shall include a statement that the proposer has reviewed the sample agreement and either a) will agree to the terms contained therein if selected, or b) indicate those specific provisions of the sample agreement to which the proposer takes exception and why. The raising of significant exceptions in a Proposal, as determined in the sole discretion of the CITY may be cause for rejection of the proposer s proposal. The selected CONTRACTOR will be required to execute an agreement with the CITY for the services requested within 15 days of the award. If agreement on the terms and conditions of the contract that is acceptable to the CITY including, but not limited to, compensation, cannot be achieved within that timeframe, the CITY reserves the right to continue negotiations or to award the bid to another CONTRACTOR and begin negotiations with that CONTRACTOR. CONTRACTOR must identify and provide contact information in their Proposal of the individual within their organization who is authorized to negotiate the terms and conditions of any agreement between CONTRACTOR and CITY. Payment Schedule Periodic payments will be made to the CONTRACTOR upon submission of an invoice, based on a payment schedule to be developed and included in the final agreement for services. 6

7 Statutes and Rules The terms and conditions of this RFP, and the resulting services and activities performed by the successful proposer, shall conform to all applicable statues, rules and regulations of the federal government, the state of California, the county of Kern and the city of Delano. Background Review The CITY reserves that right to conduct a background inquiry of each proposer that may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and financial condition. By submitting a Proposal to the CITY the proposer consents to such an inquiry and agrees to make available to the CITY such books and records the CITY deems necessary to conduct the review. PROPOSAL INFORMATION AND REQUIREMENTS General Instructions To receive consideration, Proposals shall be made in accordance with the following general instructions: a. The completed Proposal shall be without interlineation, alteration or erasures. Unnecessarily lengthy documents are discouraged. b. No oral, telephonic, telegraphic, ed or faxed Proposals will be considered. c. The submission of a Proposal shall be an indication that the proposer has investigated and satisfied him/herself as to the selection process to be used by the CITY, the conditions to be encountered, the character, quality and scope of the work to be performed, and the requirements of the CITY. d. All Proposals shall remain firm for one hundred and eighty (180) days from the Proposal submission deadline. Business Address Proposers shall furnish their business street address. Any communications directed either to the address so given, or to the address listed on the sealed Proposal container, and deposited in the U.S. Postal Service by Certified Mail, shall constitute a legal service thereof upon the proposer. Corrections and Addenda 7

8 Discrepancies, omissions or requests for interpretation should be submitted in writing to: Chief of Corrections City of Delano 2727 W. Industry Way P.O. Box 1060 Delano, CA Addenda: Any change in the RFP will be made only by written addenda, duly issued to each firm to whom the RFP was issued. The CITY shall not be responsible for any other explanations or interpretations. Addenda issued by the CITY interpreting or changing any of the items in this RFP, including all modifications thereof, shall be incorporated in the proposal. The proposer shall sign and date the Addenda Cover Sheets and submit them with the proposal. Any oral communication by the CITY s designated contact person or any other CITY staff member concerning this RFP is not binding on the CITY and shall in no way modify this RFP or the obligations of the CITY or any proposers. Proposal Format and Contents The Proposals for this project should be organized and presented in the order requested as follows: Cover Page Include a letter of introduction signed by an authorized representative of the firm certifying that all statements in the Proposal are true and correct and shall constitute a warranty, the falsity of which shall entitle The City of Delano to pursue any remedy authorized by law, which shall include the right, at the option of The City of Delano, to declare any contract made as a result thereof, to be void. Indicate the name of the firm and the RFP project title. Section I Corporate/Agency Profile: Provide specific information concerning the firm in this section, including the legal name, address and telephone number of your company and the type of entity (sole proprietorship, partnership, or corporation and whether public or private). Include the name and telephone number of the person(s) in your company authorized to execute the proposed contract. 8

9 If two or more firms are involved in a joint venture or association, the Proposal(s) should clearly delineate the respective areas of authority and responsibility of each party. All parties signing the Agreement with the CITY shall be individually liable for the completion of the entire project even when the areas of responsibility under the terms of the joint venture or association are limited. Section II - Qualifications and Experience: This section is designed to establish the proposer as an entity with the ability and experience to provide the services, as specified in the RFP. Provide specific information in this section concerning the firm s experience in the services specified in this RFP. Include the number of employees involved in providing services and the number of years providing services. Documentation of Satisfactory Past Performance/References. Provide a minimum of three (3) reference letters for similar services rendered (must be within the last year on the reference company s letterhead). Each reference shall include a current point of contact and a phone number. Each reference letter must have the following information: Date of the original contract; end date of the contract; services rendered; and names, addresses, and telephone numbers of contact persons within client agencies from whom the services have been provided. Provide a list of all clients, if any, to whom you have proved similar services over the last two years, but are not currently working for. Please indicate why you are not currently providing services to said client(s). Section III Credentials/Resume: Of critical importance is the composition of the team proposed to provide services on this project. Credentials and resumes of the person(s) responsible for administering or providing the services must be provided. Include a statement of qualifications and resumes/backgrounds of key personnel assigned to the project, including training certifications of professional and nonprofessional personnel. Proposer shall specifically provide the following information on all management, supervisory and other key employees who will be providing service: a. Name, address and phone number b. Description of education c. General experience d. Experience or education related to the RFP project e. Letter of reference, if available Section IV Project Approach Work Schedule and Proposed Transition Plan Provide a detailed description of the methodology developed to perform all required services. 9

10 Additionally, the proposer must describe a transition plan by which the proposer if selected will take over inmate food service in such a way that inmate food service nor facility operations are disrupted by transition of service. The transition plan must include an indication of how many days would be necessary to complete the transition and an implementation date and time of 12:00AM April 1, Also identify the extent of CITY personnel deemed necessary, including key decision points at each stage of the project. Do not include brochures and advertisements in your Proposal unless the content they provide is identified and included specifically in your description of the methodology and/or approach to the services you are proposing to provide the CITY. Section V Cost of Service The CONTRACTOR shall propose a four (4) week cycle menu for general population and religious diets. The CONTRACTOR shall propose a per meal unit price for all meals based upon the four (4) week cycle menu. The proposed pricing shall include all food, labor, materials, transportation costs, etc to provide all meals and services under this RFP. The proposed pricing shall reflect the use of the Delano MCCF Kitchen in accordance with the requirements of this RFP. The proposal shall explain in detail the method used to calculate the per meal unit price for all meals. Section VI Insurance The CONTRACTOR shall procure and maintain for the duration of the agreement terms the following types and limits of insurance: Professional Liability Insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000.00) aggregate: and Broad Form Commercial General Liability Insurance, unless otherwise approved by the CITY s Human Resources Director/Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000.00) per occurrence; and the policy shall: provide contractual liability coverage for the terms of the Agreement. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents employees and volunteers. Workers Compensation Insurance with statutory limits and employer s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 10

11 Except for Worker s Compensation Insurance, insurance is to be placed with insurers with a Best s Key Rating Guide publications rating as approved by the CITY s Human Resources Director/Risk Manager, but in no event less than A-;VII rating. Section VII Additional Information Include any other information you believe to be pertinent but not required. Proposal Submission The proposer shall submit one original and four (4) copies of the Proposal to: Chief of Corrections City of Delano 2727 W. Industry Way P.O. Box 1060 Delano, Ca ALL PROPSALS MUST BE RECIEVED BY FEBRUARY 16, 2014, AT 4:00 P.M. AT THE ABOVE OFFICE ADDRESS. PROPOSALS SUBMITTED AFTER THE ABOVE DEADLINE WILL NOT BE ACCEPTED. Only one (1) Proposal may be submitted from each proposer. For purposes of This RFP, a proposer is defined to include a parent corporation of the proposer and any other subsidiary of that parent corporation. If a proposer submits more than one (1) proposal, all Proposals from that proposer shall be rejected. RFP Proposals are not publicly opened. Disposition of Proposals and Proprietary Data All materials submitted in response to This RFP become the property of the City of Delano. Any and all Proposals received by the CITY shall be subject to public disclosure and inspection, except to the extent the proposer designates trade secrets or other proprietary data to be confidential, after the Evaluation Committee has completed its deliberative process and either the proposer has been informed that they are not the vendor selected by the Evaluation Committee for recommendation to the City Council, or the matter had been set for consideration before the City Council, whichever comes first. Material designated as proprietary or confidential shall accompany the Proposal and each page shall be clearly marked and readily separable from the Proposal in order to facilitate public inspection of the non-confidential portion of the Proposal. Prices, makes and models or catalog numbers of the items offered, deliverables, and terns of payment shall be publicly available regardless of any designation to the contrary. The CITY will endeavor to restrict distribution 11

12 of material designated as confidential or proprietary to only those individuals involved in the review and analysis of the Proposals. Proposers are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Proposers are advised that the CITY does not wish to receive confidential or proprietary information and that proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any Proposal submitted is labeled confidential or proprietary, the Proposal shall include the following clause: (legal name of proposer) shall indemnify, defend and hold harmless the City of Delano, its mayor, council, officers, agents, employees and volunteers from and against any request, action or proceeding of any nature and any damages or liability of any nature, specifically including attorneys fees awarded under the California Public Records Act (Government Code 6250 et seq.) arising out of, that (legal name of proposer) has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record. 12

13 EXHIBIT A TECHNICAL REQUIREMENTS INMATE FOOD SERVICE REQUIREMENTS Prospective CONTRACTORS are urged to fully describe all services they are prepared to offer beyond the requirements listed below. Purchasing: CONTRACTOR will be required to provide, within its proposal, the minimum purchasing specifications to be used in the purchase of all food products and disposable service ware. The specifications provided will be required to address the level of quality, grade, size, pack, count and other relevant information. The City must approve, in writing any changes for the stated specifications. The minimum specifications will be required to meet all codes and standards for institutions in the State of California. The CONTRACTOR shall be required to provide a plan transitioning all equipment, supplies, inventory, etc. from prior vendor to ensure uninterrupted meal service. Equipment and Facilities CONTRACTOR shall take all reasonable and prudent measures necessary to assure the CITY that its equipment and kitchen facilities are being properly used and maintained. CONTRACTOR will be responsible and pay for repair of any damage to the kitchen facilities and repair and replacement of any damaged equipment or material due to negligence of persons under CONTRACTOR S direction and control. CONTRACTOR is responsible for providing all supplies, fax, computer and copy machine for its food service operation. CONTRACTOR will be responsible for the costs of maintaining first aid equipment and supplies utilized by their staff. All vehicles used by the CONTRACTOR shall conform to all Federal, State and local laws and regulations concerning vehicles used for transportation of food products. CONTRACTOR will be responsible for maintaining cleanliness in all areas including, but not limited to designated break rooms, kitchen scullery, storerooms and circulation areas of all facilities used by CONTRACTOR to deliver food service. 13

14 CONTRACTOR shall be responsible for the provision of a plan and the updating annually of the plan to maintain security of kitchen facilities as it relates to key control, sharp utensils control, inventory control and CONTRACTOR S orientation to the facility s operational philosophy, rules, and policy and procedures, as it relates to the CONTRACTOR S employees. CONTRACTOR will immediately report the loss of facility keys and provide written documentation to the CITY. CONTRACTOR will be responsible for the replacement of keys issued and lost by CONTRACTOR S employees. Additionally, CONTRACTOR will be responsible for the cost of re-keying locks resulting from CONTRACTOR S loss of keys. If additional equipment is needed by CONTRACTOR for the performance of this service, the CONTRACTOR shall be responsible for its purchase. All fixed equipment and fixtures other than licensed motor vehicles purchased for this contact by the CONTRACTOR shall become the property of the CITY upon termination. CONTRACTOR will be responsible for locking all doors and rooms of CONTRACTOR S assigned areas, turning off lights, water, fans, and other equipment when space is not in use for using the minimum amount of utilities consistent with safe and efficient operations. Equipment and Facilities/City Responsibilities CITY shall provide the CONTRACTOR full use of the CITY S Delano MCCF kitchen facility and all capital equipment and small wares which the CITY deems necessary for food service related activities. CITY will provide CONTRACTOR with an inventory of this equipment prior to the commencement of the contract. Upon termination of contract, CITY S Delano MCCF kitchen, all capital equipment and small wares will be returned to the CITY in good repair, notwithstanding normal wear due to usage. The CITY shall provide heat, refrigeration and utilities services required for the efficient performance of inmate food services. The CITY shall provide the CONTRACTOR adequate office and storage facilities at the facility equipped with heat and utilities services required for the efficient performance of inmate food services. CONTRACTOR shall be responsible for long distance telephone service. CITY will supply and maintain fire extinguishers and CONTRACTOR shall notify CITY immediately of their use. 14

15 CITY shall be responsible for general maintenance to the building structures from which CONTRACTOR will be providing food services. Including ventilation, lighting, air conditioning, heating, refrigeration, duct work, floor covering and wall/ceiling surfaces as well as pest-control services. CITY shall provide maintenance and equipment repairs and replacements for the CITY owned equipment. The CITY shall furnish and maintain an adequate inventory of service ware, thermal tray and delivery equipment, pots, pans, beverage containers and utensils at the facility. Inventory CONTRACTOR shall provide a statement, within its proposal, as to how often a physical inventory of food and supply items will be taken, at least annually. Prior to the actual startup of food service, the CONTRACTOR and the CITY shall conduct a complete inventory of nonfood supplies. The documents showing the results of this inventory shall be kept on file with the CITY with copies retained by CONTRACTOR. CONTRACTOR and CITY shall jointly inventory, at least semiannually, all capital equipment and CITY owned service ware under the CONTRACTOR S direct control. Sharp Equipment Inventory CONTRACTOR shall implement a check out/check in log procedure for sharp utensils. CONTRACTOR shall provide and utilize a locked shadow board for the secure storage and quick inventory of knives, meat forks, and other sharp pointed utensils. CONTRACTOR shall be responsible for receiving all goods at the facility s north sally port receiving area. CONTRACTOR shall be responsible for supplying personnel for the receiving, unloading and storage of food and related supplies. Disposables Disposables/expendables/consumables shall be furnished by the CONTRACTOR. This shall include but not be limited to all paper, plastic, sacks, eating utensils, cups and other expendable items used in the operation of inmate food services. Also included are all cleaning and janitorial supplies that are directly related to inmate food services. All such purchases shall be in the CONTRACTOR S name. Quality Assurance CONTRACTOR, within its proposal, is to provide the CITY with a written comprehensive quality assurance program, updated annually, concerning the purchase, 15

16 delivery, storage and preparation of food within the facility. CONTRACTOR S quality assurance program shall be in compliance and accordance with all regulatory standards of the California Uniform Retail Food Facilities Law (CURFFL), in particular CURFFL Section , Holding Potentially Hazardous Foods, which defines food temperature and storage time limits. All food shall be of good quality and be selected, stored, prepared and served in a safe and healthy manner. Food and beverages shall not have any expired serving dates. If the CONTRACTOR fails to meet any of the conditions of the contract as determined by CITY in regards to meals, quality and storage of products, temperature of food served or noncompliance with any Federal, State or local laws or regulations concerning food service, the CITY reserves the right not to pay for those meals served. In the event that the CITY is required to respond to any legal action regarding any aspect of the food services operation, the CONTRACTOR will, at the CITY S discretion, accompany the CITY to any required legal proceedings at the CONTRACTOR S expense. The CONTRACTOR shall bear the expense of any and all liability arising out of any legal action decision finding the CONTRACTOR to be the responsible party. CITY shall have the authority to determine actual number or portions of meals delivered and that decision shall be final. Storage The CONTRACTOR shall provide in writing, within its proposal, a statement detailing how it will provide for the correct handling, prompt storage and rotation/issue of food items purchased that will comply with CURFFL. Leftovers will not be distributed to any serving areas of the Delano MCCF. Personnel and Hiring background of the CONTRACTOR The successful CONTRACTOR and all personnel hired for the provision of inmate food service must successfully complete a background investigation conducted by the CITY. If a contract employee is refused clearance for assignment at the DMCCF, the CONTRACTOR shall be informed of the refusal. CONTRACTOR shall submit a staffing plan with their proposal which includes the use of inmate labor. CONTRACTOR will designate the Food Service Manager or his assignee as liaison between CITY and CONTRACTOR with respect to all notice, communication, billing and invoices necessary for execution and performance. 16

17 CONTRACTOR shall provide job titles and descriptions and resumes for the individual(s) who will be considered for the CONTRACTOR S position of Food Service Manager and Supervising Cook. It is requested that these individuals have previous experience with correctional food services. If there is a change in the Food Service Manager during the life of the contract, a resume will be required. The CITY shall be notified prior to the transfer/removal of any manager and to approve the replacement. The CITY reserves the right to reject and terminate any manager candidates without cause. Sanitation CONTRACTOR shall obey all Federal, State and local laws and ordinances regarding health, sanitation and safety. Sanitation inspections will be conducted by designated CITY staff without prior notice. Medical Clearance CONTRACTOR shall provide medical examinations as required by law for each employee and appropriate records shall be kept on file for CITY inspection. CONTRACTOR shall require medical clearance for any employee to return to work after three (3) consecutive day s absence for illness. Food Samples CONTRACTOR shall save samples of all prepared foods for a period of not less than 48hours of its service for testing in the event of an outbreak of food poisoning. Samples must be clearly marked as to the dates and times of preparation, service and storage. Independent Status of Contractor CONTRACTOR hereby represents and agrees that it is engaged as an independent CONTRACTOR and not as the agent or employee of the CITY. CITY shall not be considered joint employer, joint venture, or partner with CONTRACTOR. Rights of Inspection/Complaints and Correction of Deficiencies The facility operated under contract with the CITY may be inspected by CITY staff or designated representatives for security, sanitation, safety food standards, quality of food preparation and service, Contractor employee performance or any other valid reason. After each inspection, the CONTRACTOR will be advised in writing of unsatisfactory conditions for which the CONTRACTOR is responsible. CONTRACTOR will promptly 17

18 correct such deficiencies and communicate in writing, within five (5) business days the solution to each problem, when it was corrected and what has been done to prevent recurrence of the problem. Non compliance: In the event the CONTRACTOR does not correct deficiencies in accordance with the requirements of this section, CITY shall at its discretion, correct the deficiency(s) and invoice CONTRACTOR for cost incurred. The amount of such costs shall be direct expenses incurred by CITY, labor and benefits costs plus the applicable overhead costs as determined by CITY. The CITY shall have the right of offset and thus deduct the charges from any balance owed to the CONTRACTOR. Menu Specifications MENU CYCLE CONTRACTOR shall be required to maintain a minimum four (4) week cycle menu. The menus shall be in accordance with The State of California, California Code of Regulations Title 15, Article 4 Food Service and The California Department of Corrections and Rehabilitation DOM Chapter 5 Article 51 Food Service. MENU DESCRIPTION REQUIREMENTS All menus shall include clearly defined descriptions of food items. All menu items must be listed as weight or volume measurements (e.g. ½ c, 3oz, wt., etc.). All cake, muffin and cornbread portions that are cut in a pan must indicate the size of the cut (e.g. 1/60 cut). Meat portions in casseroles must include cooked weight measurements of meat or meat equivalent per portion (e.g. a 10 oz. casserole planned to include 2 oz. of meat or meat equivalent should be written on the menu as 10 oz., 2 oz. meat). Weights of entrees on menus must be indicated as cooked or raw weights. For those items purchased already fully cooked, it shall be indicated as either prior to heating or following heating. Appropriate condiments to be served must be included on the written menu. If imitation cheese is intended to be served, it must be indicated on the menu. NUTRITIONAL REQUIREMENTS The menus will provide a weekly average of 2800 calories per day in addition to all required nutrients. No more than 30% of calories may be derived from fat. No pork or pork derivatives may be used. 18

19 No Trans fats shall be served. No organ meats shall be allowed in any ground meat. NUTRITIONAL ANALYSIS tied to actual recipes and products proposed. An item-by-item computer nutritional analysis of the menu with a weekly summary indicating percentage of compliance to the highest RDA values for population shall be submitted with the proposal. Each item on the menu shall have specific nutritional values based on recipes that will be used in the facility. For example, the specific calories, protein, fat, sodium, calcium, iron, and vitamins in the recipe that will be used for Beef, Macaroni and Tomatoes and all other meal items shall be separately identified on the computer analysis. MENU & ANALYSIS CERTIFIED BY REGISTERED DIETITIAN A registered dietitian shall certify the menu in the proposal meets the most recently published Recommended Daily Allowances and Dietary Reference intakes for adult males as established by the National Academy of Sciences with a signed nutritional compliance statement for the age and sex of the population. A copy of the dietitian s ADA registration card shall be submitted with the proposal. A registered dietitian will approve all menus prior to service and annually thereafter. All meals served will be in compliance with the most recently published recommended Dietary Allowances and Dietary Reference intakes for adult males as established by the National Academy of Sciences. PLAN FOR PRODUCT WHOLESOMENESS All food items will be purchased from facilities and manufacturers that meet all applicable federal and state regulations for food safety, use only industry best practices to assure wholesomeness and maintain appropriate liability insurance on their products. CONTRACTOR will include in the proposal its specific plan for maintaining safe and wholesome food in the DMCCF. Documentation of Meals Served Substitution Policy Documentation of the menus as they are actually served must be maintained as verification of providing a nutritionally adequate diet. The CONTRACTOR must submit such documentation weekly to the CITY. If any meal served varies from the planned menu, the change will be noted on the menu. Any menu substitutions or changes must be approved by the CITY prior to substitution change. 19

20 INMATE MENUS AND MEALS Menus will be required to include an ethnic variety, reflective of the inmate population and comply with religious tenets. Menus shall be planned to offer an interesting variety of wholesome, nutritious and well prepared foods to give maximum value. Therapeutic diets shall be available upon medical authorization. Specific diets shall be prepared and served to inmates in accordance with directions provided by the facility physician, dentist or as directed by responsible authority. Special diets shall conform as closely as possible to the food served other inmates. Medical diets shall be specific and complete and will be furnished in writing by the DMCCF Medical Services to the CONTRACTOR. Therapeutic diets shall be provided at regular inmate meal rates. CONTRACTOR shall provide, Kosher, Halal, Ovo-Lacto Vegetarian, Lacto Vegetarian and/or vegan diet for all religious requests from the administrative or religious authority. Prepackaged religious meals shall also be provided. All religious diets shall be provided at regular inmate meal rates. Special holiday menus shall be at a minimum designed for Easter, Fourth of July, Thanksgiving, Christmas, Ramadan and Hanukkah. All menus will be provided at regular meal rates. CONTRACTOR must begin and complete meal service at the time determined by CITY. Liquidated Damages If the CONTRACTOR fails to make any scheduled meal delivery, the CITY shall assess the CONTRACTOR as liquidated damages the sum of ($5,000) dollars for each unsatisfied meal delivery, plus the cost of replacing the meal service from any reasonable available source. Any assessment of liquidated damages will be withheld from the monies owed CONTRACTOR. Cost Proposal The CONTRACTOR shall propose a four (4) week cycle menu. The CONTRACTOR shall propose a per meal unit price for all meals based upon the proposed four (4) week cycle menu. The proposed pricing shall include all food, labor, materials, transportation, costs etc. to provide all meals and services under this RFP; the CONTRACTOR shall conform to all requirements, terms and conditions set forth herein. The CONTRACTOR S proposed pricing shall reflect the use of the DMCCF Kitchen. The proposed pricing shall be based on a three (3) year contract term subject to annual 20

21 price determination for each year by mutual agreement of both CONTRACTOR and CITY using the change in the LA/Orange County Consumer Price Index during the current fiscal year as a starting point for negotiations. The percentage change shall not exceed five (5) percent during any fiscal year. The percentage change agreed upon shall be applied to the old per meal price to determine the subsequent year meal price which shall be effective the first day of the next contract year. References CONTRACTOR shall provide the following information as part of their proposal: A list of clients for which the CONTRACTOR currently provides inmate food service. Contact information for referring agencies must be included. Disclosures of all litigation, lawsuits, regulatory actions in which the CONTRACTOR or the principle officers of the CONTRACTOR have been involved in the last five years. Briefly explain the circumstances of the actions, their status, how they were resolved, and any penalties, fines or other actions taken. Provide a detailed listing of any breach or noncompliance, failure, or refusal to complete a contract, including any termination of a contract. Performance Bond CONTRACTOR shall maintain a performance bond which guarantees their performance under the ensuing agreement. Such bond shall be in an amount equal to the total amount of the contract. End of Contract At the end of the contract period, the CONTRACTOR will work with CITY staff to facilitate a smooth transition of uninterrupted inmate food service with a replacement CONTRACTOR. 21

22 EXHIBIT B SAMPLE AGREEMENT COMMUNITY CORRECTIONAL FACILITY INMATE FOOD SERVICES AGREEMENT THIS AGREEMENT is made and entered into on, by and between the CITY OF DELANO, a municipal corporation, ( CITY herein) and ( CONTRACTOR herein). RECITALS WHEREAS, The CONTRACTOR represents CONTRACTOR is experienced and well qualified and an expert in the field of providing contract inmate food services to incustody inmates incarcerated at the Delano Modified Community Correctional Facility (DMCCF); and WHEREAS, CITY has determined that it wants an outside contractor to efficiently and safely provide meals to in-custody inmates incarcerated at the Delano Modified Community Correctional Facility; and WHEREAS, on, CONTRACTOR submitted a response to Request for Proposals issued by CITY on. Said Request for Proposal and CONTRACTOR S response is incorporated herein by reference as though fully set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: CONTRACTOR agrees to provide, and CITY agrees to utilize, the services of CONTRACTOR for contract inmate food services as set forth in the CITY S Request for Proposal attached hereto and incorporated herein as Exhibit A. CONTRACTOR may perform other services as agreed to by the parties in writing. CONTRACTOR agrees to provide the abovereferenced services to the CITY on a priority basis for CITY MCCF in-custody inmates. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work called for under this Agreement shall consist of payment of the appropriate fees as set forth in Exhibit B, attached hereto and incorporated by reference. The total compensation paid to the CONTRACTOR shall not exceed. 22

23 The compensation set forth in this section shall be the total compensation under his Agreement including taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the services provided to CITY. CITY shall review said invoices. Payment for services rendered shall be made within forty-five days after receipt and approval of CONTRACTOR s itemized invoice. 4. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party s right to enforce such a provision at a later time, and shall not serve to vary the terms of this agreement. 6. LICENSES / INVESTIGATIONS. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. All CONTRACTOR staff assigned to perform services at the DMCCF shall be subject to and pass an in-depth background investigation that meets the Standards of the State of California Department of Corrections and Rehabilitation (CDCR) and the CITY prior to being assigned to perform services at the DMCCF. 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by an expert of the profession in California. 8. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing approved by the City Council and signed by both parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which 23

24 reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR s sole cost, comply with all the requirements of Municipal, State and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations and permitting requirements now in force or which may hereafter be in force. 11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. 12. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which services described herein are performed. CONTRACTOR agrees to oversight requirements as listed in Exhibit A. 13. EQUIPMENT. CITY will provide the CONTRACTOR full use of the DMCCF kitchen and all capital equipment and small wares which the CITY deems necessary for inmate food service at the DMCCF. CONTRACTOR is responsible for providing supplies for its inmate food service operation, including but not limited to FAX, computer and copy machines. 14. INSURANCE. The CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( basic insurance requirements ) herein: 14.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000.00) aggregate; and 14.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY s Human Resources Director/Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000.00) per occurrence; and the policy shall: Provide contractual liability coverage for the terms of this agreement. 24

25 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents employees and volunteers Workers compensation insurance, with statutory limits and employer s liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or selfinsurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR S insurance and shall not contribute with it Except for workers compensation, insurance is to be placed with insurers with a Bests rating as approved by CITY s Human Resources Director/Risk Manager, but in no event less than A- :VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, must be declared prior to execution of this Agreement and approved by the CITY in writing Unless otherwise approved by CITY s Human Resources Director/Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy The CONTRACTOR shall furnish the City Human Resources Director/Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The City may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the 25