HUMAN SERVICES COMMITTEE AGENDA November 27, 2017

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1 HUMAN SERVICES COMMITTEE AGENDA November 27, Home-Delivered Meals and Congregate Meals Contract 2. Old Business 3. New Business 4. Good of the Order 5. Adjournment

2 MEMORANDUM OF EXPLANATION Intro. No. (Clerk s use only) COMMITTEE: Human Services DATE: November 1, 2017 The Allegany County Office for the Aging requests a resolution to accept the bid from Good Times, Olean, NY for the Nutrition Program (Home Delivered Meals and Congregate Meals) for the years 2018 to BID OPENING September 7, 2017 Two bids were received. KVR and Good Times submitted bids. On October 19, 2017 KVR informed the ACOFA Director, and on October 20, 2017 the Nutrition Services Coordinator, that he is not willing to enter into a contract with the ACOFA at the bid pricing he submitted. We request that we enter into a contract with Good Times for our Nutrition Program for 2018, 2019, and Good Times pricing is: Year Good Times 2018 $ $ $4.60 FISCAL IMPACT: $540,000 Budgeted in 2018 $464,400 Estimated Cost at 108,000 meals at $4.30/meal For further information regarding this matter, contact: Madeleine Gasdik, Office for the Aging Name and Department Telephone

3 ACCEPTANCE OF BID FROM GOOD TIMES OF OLEAN, LLC FOR OFFICE FOR THE AGING NUTRITION PROGRAM (HOME DELIVERED MEALS AND CONGREGATE MEALS); AUTHORIZING ALLEGANY COUNTY OFFICE FOR THE AGING DIRECTOR TO SIGN SUCH AGREEMENT Offered by: Human Services and Ways & Means Committees WHEREAS, the current agreement with KVR Services for the Aging Nutrition Program (Home Delivered Meals and Congregate Meals) was due to expire at the end of this year, and WHEREAS, the County has opted to terminate the agreement with KVR Services and contract with Good Times of Olean, LLC for the provision of meals for the balance of the year, and WHEREAS, the County has determined that Good Times of Olean, LLC was the lowest responsible bidder for purposes of providing the Aging Nutrition Program home delivered means and congregate meals for the years 2018, 2019 and 2020, and WHEREAS, as the current agreement with KVR Services has been terminated, the County would like Good Times of Olean, LLC to commence provision of meals as of November 20, 2017, now therefore, be it RESOLVED: 1. That the bid from Good Times of Olean, LLC for Office for the Aging Nutrition Program (Home Delivered Meals and Congregate Meals) for period beginning January 1, 2018 to December 31, 2020, is accepted. 2. That the agreement with Good Times of Olean, LLC for provision of meals commencing November 20, 2017 through 2020 is hereby approved. 2. That Director of the Allegany County Office for the Aging is authorized to execute said agreement and the Director s prior signature to that agreement is hereby ratified.

4 AGREEMENT THIS AGREEMENT made and entered into this day of, 2017, by and between COUNTY OF ALLEGANY, acting by and through its Office for the Aging, 6085 State Route 19 North, Belmont, New York 14813, hereinafter referred to as County, and GOOD TIMES OF OLEAN, LLC, with offices at 1 Leisure Lane, Olean, New York, 14760, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the County is sponsoring congregate and home-delivered meal programs for senior citizens at various locations throughout Allegany County, and WHEREAS, the County is desirous of securing food preparation for said program and had previously solicited bids for same, and WHEREAS, the Contractor, in response to the aforesaid proposal, submitted the "lowest responsible bid" within the meaning and intent of the competitive bidding provisions, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Contractor shall prepare and provide meals specified by the County in accordance with the specifications contained in the GENERAL SPECIFICATIONS, OFFICE FOR THE AGING NUTRITION PROGRAM FOR CONGREGATE AND HOME DELIVERED MEALS, which is attached hereto and made a part hereof. 2. That in consideration of the foregoing, the County shall compensate the Contractor at the rate of $4.30 per meal including disposable paper products for meals-on-wheels from November 20, 2017 through December 31, 2018; $4.45 per meal including disposable paper products for -1-

5 meals-on-wheels from January 1, 2019 through December 31, 2019 and $4.60 per meal including disposable paper products for meals-on-wheels from January 1, 2020 through December 31, It is intended by both the Contractor and the County that Contractor s status be that of an independent contractor, and that nothing in this contract be construed to create an employer/employee relationship between the Contractor and the County or any department or division thereof. Contractor retains control and the right to exercise professional judgment, over the manner and means by which such personnel will provide the designated services hereunder. 4. If the Internal Revenue Service or any other governmental agency questions or challenges the Contractor s independent contractor status, it is agreed that the County shall have the right to participate in any conference, discussion, or negotiation with the Contractor and the Internal Revenue Service or other governmental agency, irrespective of with whom or by whom such discussions or negotiations are initiated. 5. The Contractor shall defend, hold harmless and indemnify the County and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from the Contractor s performance of this agreement. 6. Neither party may assign this contract, in whole or in part, without the express written permission of the other party. 7. This agreement shall be deemed executory only to the extent of monies available therefore and no liability on account thereof shall be incurred by the County of Allegany or the Allegany County Office for the Aging beyond monies appropriated and available for such purposes and as authorized. THEREFORE, the parties hereto have made and executed this Agreement as of the day and year first above written. -2-

6 ALLEGANY COUNTY OFFICE FOR THE AGING GOOD TIMES OF OLEAN, LLC By: By: Madeleine Gasdik, Director STATE OF NEW YORK ) COUNTY OF ALLEGANY ) ) ss. On this day of, 2017, before me, the subscriber, personally appeared MADELEINE GASDIK, to me known, who, being by me duly sworn, did depose and say that she resides at, New York; that she is the Director of the Allegany County Office For The Aging, the Office described in and which executed the foregoing instrument; and that she signed her name thereto as such Director. Notary Public STATE OF NEW YORK ) COUNTY OF ALLEGANY ) ) ss. On this day of, 2017, before me personally came, to me known, who, being by me duly sworn, did depose and say that he resides at, New York; that he is the of Good Times of -3-

7 Olean, LLC, the business described in and which executed the above instrument; and that he signed his name thereto by authority of the. Notary Public -4-