HomeMy WebLinkAboutAgenda - 06-19-2012 - 5gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2012
Action Agenda
Item No. 5 —Q
SUBJECT: Approval of Senior Lunch Caterer Contract with Nantucket Grill, Inc.
DEPARTMENT: Aging PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Catering Service Contract Janice Tyler, Director, 919 - 968 -2071
Annette Moore, Staff Attorney, 245 -2317
David Cannell, Purchasing, 245 -2651
PURPOSE: To approve the food service caterer contract with Nantucket Grill, Inc. to provide
noon meals for the Home and Community Care Block Grant - funded Senior Lunch Program at
the Seymour and Central Orange Senior Centers for the period July 1, 2012 through June 30,
2013 with optional one year extension.
BACKGROUND: The Orange County Department on Aging assumed administration of the
Senior Lunch Program in July 2009. The purpose of this program is to provide a nutritious noon
meal to persons 60 years and older, targeting those individuals who are in the greatest social
and economic need. On October 20, 2009 the Board awarded a contract to Nantucket Grill to
serve approximately 155 meals per weekday at the Seymour Center and the Central Orange
Senior Center. That contract is set to expire on June 30, 2012.
Orange County staff solicited proposals with Request for Proposal (RFP) 5182. The RFP was
sent to twenty -four firms, and advertised on the County's website and the North Carolina
Interactive Purchasing website. Nantucket Grill, the County's current contractor, submitted the
only proposal. Staff recommends awarding RFP 5182 to Nantucket Grill of Chapel Hill, N.C. for
Fiscal Year 2012 -13 with an option of one year renewal. The cost per meal will continue at the
current rate of $5.00.
FINANCIAL IMPACT: The majority of the cost for the Senior Lunch Program is reimbursed by
the NC Division of Aging and Adult Services. The balance of the funding is provided by Orange
County and the Towns of Carrboro, Chapel Hill, and Hillsborough. Donations are also collected
from the participants.
RECOMMENDATION(S): The Manager recommends that the Board approve the contract and
authorize the Chair to execute the contract with Nantucket Grill, Inc.
CONTRACT FOR CATERING SERVICES
IN ORANGE COUNTY
THIS AGREEMENT, entered into as of this day of July 2012, by and between
ORANGE COUNTY through the Department on Aging, (hereinafter referred to as
"County" and Nantucket Grill, Inc., (hereinafter referred to as "Caterer ");
WITNESSETH THAT:
WHEREAS, the County as entered into Grant Agreement with Triangle J Area
Agency on Aging ( TJAAA) to provide certain services to persons aged 60 and over in
accordance with the provision of Title III, part C of Public Law 102 -375 and the North
Carolina Home and Community Care Block Grant, including services provided for in this
agreement, and.
WHEREAS, the County is desirous of purchasing meals for consumption by
eligible individuals under the provision of the Older Americans Act of 1965 (Public Law
102 -375), as amended, including Federal and State and Local regulations and policies
relating thereto (hereinafter referred to as the "Older Americans Act, as amended "); and
WHEREAS, Caterer is a food service management business and has the technical
knowledge and physical facilities required to supply such meals and desires to sell meals
for use pursuant to the Older Americans Act, as amended;
NOW THEREFORE, the parties hereto, intending to be legally bound hereby,
agree as follows:
Caterer agrees to sell and the County agrees to buy meals for the Congregate Meals
program, which meals shall meet the nutritional requirements under the Older
Americans Act. Caterer further agrees to prepare meals and deliver them to the site(s)
designated in the Congregate Meal Site Information" (Attachment 1), which is
incorporated by reference as an integral part hereof. Additional sites may be added or
eliminated from time to time during the term of this Agreement by mutual written
agreement of Triangle J Area Agency on Aging ( TJAAA) and the County. Meals will
be delivered within the time frames indicated in the "Meal Delivery Route Schedule."
(See Attachment 1)
2. The County and TJAAA shall have the right and authority to:
a. Inspect all food to determine compliance with specifications and to reject any food
not meeting such specifications, especially, but not limited to, foods not meeting
the appropriate temperature requirements;
b. Have access to Caterer's purchase records relating to the food purchased for sites
for review and audit as necessary;
c. Inspect at any time Caterer's food preparation, packaging, and storage areas; food
containers and automotive vehicles used in transporting the prepared meals to the
sites; and utensils used in preparing meals to determine the adequacy of cleaning,
sanitation, and maintenance practices;
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d. Determine the adequacy of Caterer's storage and record - keeping practices so as to
ensure the safekeeping of all food, and in connection therewith to have ready
access to the related food inventory control records of Caterer;
e. Inspect the meals served to determine compliance with U. S. Department of
Health and Human Services meal -type requirements (Public Law 95 -478), and
North Carolina Division of Aging and Adult Services meal requirements and the
County shall have the right and authority to withhold payment for meals not
meeting prescribed requirements.
3. The County shall notify Caterer of its daily meal requirements by 2:00 p.m. prior
to the date on which said meals are to be delivered. This notification may be
modified on the day of serving in special circumstances, such as ice, snow,
electrical failures, etc. The County should notify Caterer no later than 6:00 a.m.
on the day of serving if the circumstances prevent delivery. Meals will be
delivered no later than one half hour prior to serving time at each site. Further, no
food may be held from end of preparation to delivery of food to nutrition site for
more than three hours.
4. Caterer will supply the congregate meals in bulk to the designated Congregate
Meal site(s) or other site(s) as indicated in Attachment 1. Temperature checks of
bulk food shall be taken daily, immediately prior to packaging and will be
indicated on the Meal Delivery Receipt and signed by the food production
supervisor. It is recommended that all hot food be at 180 degrees Fahrenheit at
the time of packaging. All cold foods must be at 45 degrees Fahrenheit or below.
a. Caterer warrants that the meals prepared by it under this Agreement will
be wholesome, suitable for human consumption and will satisfy the
nutrition requirements of existing regulations pursuant to the Older
Americans Act, as amended.
b. Caterer shall be responsible for maintaining and sanitizing all insulated
food containers. Caterer will assure that National Sanitation Foundation
approved insulated food containers are available for transportation of
meals to the designated site(s). Containers needing replacement will be
replaced by the Caterer. The County will not be financially responsible
for replacing carriers. Repairs to the containers will be the responsibility
of the Caterer on a daily basis and will be paid for by the Caterer.
Packaging and transport equipment must be kept in good working order
and must maintain appropriate food temperatures. Food should be
"panned" no longer than one -half hour prior to shipping.
c. Caterer shall maintain adequate sanitary practices in handling the food in
transit as determined by standards established by the North Carolina
Division of Aging and Adult Services, North Carolina Department of
Human Resources.
d. Upon delivery of food to each location an authorized on -site representative
of the County will sign a receipt in triplicate evidencing receipt of such
food; one copy shall be retained by the representative, one copy shall be
sent to the Caterer, and one copy shall be retained by the County.
Quantity, quality, temperature, and completeness of the meal will be
verified between the time of delivery and food service and will be
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indicated on the Delivery Receipt form. The County will notify Caterer of
shortages on the day they occur, when feasible.
e. Caterer will supply, for every meal provided, a written plan for portioning
each item served to ensure compliance with 1/3 RDA and other nutritional
requirements of the North Carolina Division of Aging and Adult Services.
f. In the event that Caterer fails to deliver any meal or part(s) thereof or
delivers meals excessively late (one -half [1/2] hour or longer) past the
designated hour of delivery as described in Attachment 1, the County may
procure a meal or meals or parts thereof elsewhere and charge to Caterer
the cost of such replacement of meal, or parts thereof, plus any expense
incurred by the County in procuring such replacement of meal, meals or
parts thereof.
g. The County has the right to refuse foods that are below temperature
standards, are not complete, are not aesthetically pleasing and are not
palatable, and Caterer shall not be paid for said meals. The County will
immediately review with Caterer that status of the food if the meal or a
portion is found unacceptable. Any unacceptable meal, meals or portion
thereof will be disposed of by mutual agreement.
h. When replacement meals are purchased by the County, Caterer's liability
hereunder shall be limited to actual replacement costs for meals purchased
under this provision and provided that the County shall submit a claim for
reimbursement under the Older Americans Act for such meals or parts
thereof prorated and, upon receipt, Caterer shall reimburse the County for
the amount of its liability hereunder.
i. In the event the County is unable to purchase the necessary meals or parts
thereof, Caterer shall bear liability for the unit cost of $5.00 for each
incomplete or unacceptable congregate meal.
j. County's failure to accept delivery of meals that comply with the
provisions of this Agreement shall give Caterer the right to terminate this
Agreement.
5. County is currently reimbursed for each complete meal served. If the meals fail
to meet minimum standards of quality, temperature or nutritional composition, the
project is not reimbursed. If minimum standards are not met through any failure
of performance by Caterer and the County is not reimbursed as a result thereof,
then Caterer agrees to reimburse the County at the unit rate of $5.00 for each
substandard congregate meal. Project Director shall notify Caterer within forty -
eight (48) hours of any failure of performance by Caterer.
6. Caterer shall comply with all Federal, State and Local laws and regulations
governing the preparation, handling and transporting of food; shall procure and
keep in effect all necessary licenses, permits and food handlers' cards, as are
required by law; and shall post such licenses, permits and cards in a prominent
place within meal preparation areas, as required. Caterer shall comply with all
applicable Federal, State and Local laws and regulations pertaining to wages and
hours of employment and equal employment opportunity. Caterer will comply
with all State and Federal antitrust laws and civil rights laws. Caterer will
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maintain a Grade A or 90% Sanitary rating. A copy of the sanitation inspection
will be sent out to the County each quarter.
7. Caterer shall immediately notify the County and TJAAA of any changes made in
his/her license, Food Liability Insurance, and Grade A or 90% Sanitary Rating.
This contract is in effect only as long as Caterer maintains a Grade "A" Rating
and shall be terminated immediately upon change from a Grade "A" Rating
and/or loss of Food Liability Insurance.
8. County's Senior Food Service Coordinator, or his/her designee, may conduct a
formal on -site assessment of Caterer at least on a quarterly basis. County's
authorized representatives, representatives from the North Carolina Division of
Aging and Adult Services and TJAAA shall have the right to conduct on -site
review of the food service operation and records related thereto at any reasonable
time with or without prior notification.
9. Caterer shall keep full, complete and accurate records of all purchases and sales
covered by this Agreement. All such records shall be kept on file for three (3)
years (pursuant to Title 45 CFR, Part 74 HHS) after the end of the Federal fiscal
year to which they pertain or any other period which the North Carolina Division
of Aging and Adult Services or State reimbursement agency (N.C. Department of
Human Resources) may from time to time designate. All records of Caterer
relating to food purchases, storage, and preparation and transportation directly
related to the meals delivered under this Agreement, shall be made available to
the County, TJAAA or its authorized representative upon request. The County,
and its' authorized representative, TJAAA and its' authorized representative, the
North Carolina Division of Aging and Adult Services, the Administration on
Aging of the Department of Health and Human Services, the United States and
North Carolina Department of Agriculture, and the Comptroller General of the
United States, upon request, shall have access to all such records for audit or
review at a reasonable time and place and shall have the right to conduct on -site
reviews of the food service operation with or without prior notification.
10. Caterer shall supply the recipes for meals to be delivered so as to ensure
compliance with the U. S. Department of Health and Human Services Public Law
95 -478 and the North Carolina Division of Aging and Adult Services meal -type
requirements. Caterer will plan four menus per year. These menus will be
submitted to the TJAAA in the format acceptable by TJAAA for review no later
than two weeks in advance of proposed use. The menus, at that point, will have
been approved by the County. They must bear the original signature of a
registered dietitian on each page of the menu, ensuring that the Federal
regulations stipulating nutritional standards for older adults have been satisfied.
The dietitian may be a volunteer, contract agent or an employee of the Caterer.
a. All meals must meet the following basis specifications: Calorie content
must be a minimum of 700 calories per meal and the meal provide 400
mg. of calcium. The fat content should be no more than 30% of total
calories and the meal may not exceed 1300 milligrams of sodium. Full
meal requirements are contained in the North Carolina Division of Aging
and Adult Service Standards Manual for Congregate Nutrition/Home
Delivered Meals. (http://www.ncdhhs.gov/aging/svcstd/nutrition.pdf)
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b. Each category of the "Food Service Specifications" as outlined in the bid
package and incorporated by reference as an integral part hereof must be
followed.
c. Each meal shall comply with all applicable regulations of the Department
of Health and Human Services, Administration on Aging, and the North
Carolina Division of Aging Service Standards Manual, Volume I,
Congregate Nutrition/Home Delivered Meals, pursuant to the Older
Americans Act, as amended.
d. Menu substitutions will not be allowed except under extreme
circumstances. If such a circumstance arises, food substitutions shall be
approved by the person(s) responsible for menu review to ensure meals
meet one -third of the daily Recommended Dietary Allowances. The
dietitian responsible for menu review must be consulted and give approval
to the substitution at least one (1) day prior to the proposed change.
Documentation that the substitution has been approved must be on file
within 90 days of serving or, in the case of the fourth quarter of the state
fiscal year, not later than July 31. Meals with substitutions not approved
in this manner are not eligible for reimbursement. Any deviation from the
certified menu must be documented by a menu change form and the
specific food substitution listed. The menu change form must be dated
and signed by the person authorizing the change. Change forms shall be
kept on file with the certified menu for audit. The Caterer will be
responsible for assuring that all menu substitutions meet one third (1/3) of
the daily recommended dietary allowance for adults over age 60 and
conform to the meal pattern as set forth by North Carolina Division of
Aging and Adult Services. All permanent changes in menus must be
documented and recorded at the time they are incurred and all
substitutions must include the same nutritional requirements as the
original item. All permanent changes must be approved by County prior
to food service. No more than one substitution, whether temporary or
permanent, are allowed per month.
e. Any meal that does not meet one -third (1/3) RDA and the meal pattern
and service standards, and is served to an eligible adult, is not a reportable
unit of service for reimbursement or USDA entitlement.
11. Meals will not be served on the following days and the holiday schedule to be
observed for the purpose of this Agreement is as follows, but may be altered by
mutual written agreement of the parties.
New Year's Day
Martin Luther King Jr. Day.
Good Friday- Easter
Memorial Day
Independence Day
Labor Day
Thanksgiving Day and day after
Christmas Day and the days preceding and following it
12. Caterer will invoice County monthly at the rate of $5.00 plus sales tax per
congregate meal delivered which includes delivery charge. Billing by Caterer
will be no sooner than the 10th of the month. County will make payments within
30 days of the date of each bill, provided requisitioned funds for such have been
received. County reserves the right to refuse payment for meals if any menu item
is omitted or is unacceptable per the terms of this agreement. The County has the
option to offer partial payment for said meals.
13. The amount of this Agreement for the period July 1, 2012 through June 30, 2013
shall not exceed $ 172,500. The fiscal arrangements for this Agreement is based
upon the following number of approximate congregate meals for the period from
July 12, 2012 through June 30, 2013, hereunder with an option to renew for an
additional one year extension from July 1, 2013 through June 30, 2014.
A full year contract shall be 138 meals per day x 250 days = 34,500 congregate
meals for FY 12 -13.
14. Caterer will maintain records which prove that $.60, or the appropriate amount
designated by the U. S. Department of Agriculture, of food purchased per meal
was produced and grown in the United States of America in accordance with State
and Federal Regulations.
15. County may, from time to time, require changes in the number of meals to be
prepared by Caterer. Such changes which are mutually agreed upon by and
between the County and Caterer shall be incorporated in written amendments to
this Agreement. Any agreed on amendments should give either party a 60 day
notice of changes unless otherwise agreed.
16. This Agreement shall remain in effect (subject to the provisions identified in
Paragraphs 4f, 7, 17, 18, or 27) until terminated by Caterer giving the County
sixty (60) business days prior written notice of intention to terminate as of the
date specified, or by County giving Caterer sixty (60) business days prior written
notice of intention to terminate as of the date specified. Any notice of termination
shall be sent to the parties identified in paragraph 28 below by certified mail with
a signed receipt. The termination notice period will begin on the date of the
receipt of the notice of termination by either party.
17. This Agreement shall remain in full force and effect until June 30, 2013 (or, if
extended, until June 30, 2014), or until terminated as herein provided.
18. In the event that funds are terminated or otherwise unavailable for the purposes
set forth in this agreement, this Agreement is null and void, releasing County and
Caterer from further obligations contained herein. Meals delivered by Caterer and
accepted by County prior to fund termination or other unavailability of funds will
be reimbursed as set forth in the terms of this Agreement.
19. Caterer shall compensate the County for any loss, damage, spoilage or shortage of
food (including attorney's fees and the cost of litigation) caused by negligent acts
or omissions of Caterer's agents or employees in carrying out the terms of this
Agreement. Caterer shall defend, indemnify and otherwise hold harmless the
County against any claim or suit involving personal injury or property damage
arising out of the transportation of meals to the various project site(s) and any
claim alleging personal injury, sickness, and/or disease arising out of consumption
of meals or other food caused by the storage, preparation and delivery of meals to
the meal site(s).
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Caterer will not be responsible or liable for any of the above caused by the
negligent acts of County personnel after acceptance of meals. If a defect is found
in the meals or other food prepared by the Caterer, as between the County and the
Caterer, it will be presumed that the defect is the responsibility of the Caterer
unless the Caterer can establish the defect arises from some act or omission of the
County.
20. The County shall promptly notify Caterer in writing of any claims against
Caterer, the County and in the event a lawsuit is filed, shall promptly forward to
Caterer all legal documents served in connection therewith. The County shall not
incur any expense or make any settlement without Caterer's consent. However, if
Caterer refuses or neglects to defend any such suit, the County may defend,
adjust, or settle any such claim, and the costs of such defense, adjustment or
settlement, including reasonable attorney's fees, shall be paid by Caterer.
21. Caterer agrees to furnish the County with a certificate of insurance in a form
acceptable to the County certifying that Caterer carries Workmen's
Compensation, comprehensive (including products), bodily injury and property
damage liability insurance in such amounts as are acceptable to the County. The
County and Caterer hereby waive any and all rights of recovery from each other
for loss to personal or real property, or loss of use thereof, howsoever occurring.
This waiver shall include, but not be limited to losses covered by policies of fire,
extended coverage, boiler explosion and sprinkler leakage.
22. It is mutually agreed between the parties that neither party shall be held
responsible to the others for any losses resulting from its delay or failure to
perform to the extent that the said party is delayed or prevented by Federal, State,
or municipal action; war, revolution, riot or other disorder; strike or other labor
problem; fire, flood, act of God, or without limiting the foregoing, by any other
cause not within the control of the party whose performance is interfered with,
and which by the exercise of reasonable diligence, the party is unable to prevent,
whether of the class of causes hereinbefore enumerated or not.
23. Caterer covenants that it presently has no interest, direct or indirect, which would
conflict in any manner or degree with the performance of service required to be
performed under this Agreement. Caterer further covenants that in the
performance of this Agreement, no person having any such interest shall be
employed.
24. No officer, member, or employee of the County and no members of this
governing body or the locality or localities in which the Project is situated or
being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Agreement shall participate in
any decision relating to this Agreement which affects his personal interest or have
any personal or pecuniary interest, direct or indirect, in the Agreement or the
proceeds thereof.
25. In the carrying out of the contract work, Caterer will not discriminate against any
employee or applicant for employment because of age, sex, race, creed, handicap,
color or national origin. Caterer will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, creed, handicap, color or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading,
demotion or transfer; recruitment or recruitment advertising, layoff or
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termination; rates of pay or other forms of compensation and selection for
training, including apprenticeship. Caterer agrees to post in conspicuous places,
available to all employees and applicants for employment, notice to be provided
by the Government setting forth the provision of this non - discrimination clause.
Caterer will, in all solicitations or advertisements for employees placed, or on
behalf of Caterer, state that all qualified applicants will receive consideration for
employment without regard to age, sex, race, religion, handicap, color or national
origin.
26. Caterer shall not assign any interest in this Agreement, and shall not transfer any
interest in same (whether by assignment or notation) without the prior written
consent of the County thereto. No variation or modification of the Agreement,
and no waiver of its provisions, shall be valid unless in writing and signed by
the duly authorized officers of the County and Caterer.
27. It is mutually agreed that if any party shall fail to perform or observe any of the
terms or conditions of this Agreement, the party (ies) claiming such failure shall
give the other parties a written notice of such breach. If within fifteen (15)
calendar days from such notice the failure has not been corrected, the injured
parties may cancel the Agreement by giving an additional thirty (30) calendar
days written notice.
If this Agreement is terminated due to Caterer's default, Caterer will be liable for
the actual cost of meals, not to exceed $5.00 per congregate meal, until a
replacement can be secured or for a maximum of sixty (60) calendar days. Notice
is to be sent by certified or registered mail, with receipt requested.
28. Notice.
a. A notice to Caterer may be sent to:
Marketing Manager
Nantucket Grill
Post Office Box 2655
Chapel Hill, NC 27515
(919) 259 -2925
b. A notice to the County may be sent to:
Director
Orange County Department on Aging
P.O. Box 8181.
Hillsborough, NC. 27278
29. The continuation of this contract is based on the caterer not being debarred or
suspended by the Federal government to receive federal grant program funds.
30. It is understood and agreed that Jerry Sullivan, Marketing Manager shall
represent the Caterer in the performance of this Agreement. Further, it is
understood and agreed that the Director of the Orange County Department of
Aging, Janice Tyler, shall represent the County as Project Manager in the
performance of this Agreement.
31. This Agreement constitutes the entire agreement between Caterer and the County
with respect to the subject matter hereof and there is no other or further written or
oral understandings or agreements with respect hereto.
32. This contract is authorized through a grant agreement between TJAAA and
Orange County to fund Home and Community Care Block Grant services.
Pursuant to this agreement, the County has agreed to provide certain services to
persons aged 60 and over in accordance with the provision of Title IIl, part C of
Public Law 102 -375 and the North Carolina Home and Community Care Block
Grant, including services provided for in this agreement. The TJAAA grant
agreement with the County remains in full force and effect and no provision
contained herein shall be construed to in any way modify the provisions of the
TJAAA agreement.
33. The Caterer agrees to abide by all applicable provisions of the N.C. Division of
Aging and Adult Services standards, N.C. Home and Community Care Block
Grant Manual, Division of Aging Manual, and the TJAAA Manual including any
revisions that may be made from time to time. Further, Caterer agrees to adhere
to all clauses in the "Food Service Proposal Packet for Home and Community
Care Block Grant Nutrition Programs - Congregate and Home Delivered Meals ",
and incorporated by reference as an integral part hereof.
34. The County and the Caterer agree that the laws of the State of North Carolina
shall govern the validity and interpretation of the terms and conditions of this
Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by
their duly authorized representatives.
By County:
Date:
Attest:
Bernadette Pelissier, Chair
Orange County Board of Commissioners
Donna Baker, Clerk Orange County Board of Commissioners
By Caterer: _
Typed Name:
Title:
Date:
Signature
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This contract has been approved as to technical content:
Janice Tyler, Director, Department on Aging
This contract has been approved as to legal form by:
Annette M. Moore, Staff Attorney
This instrument has been pre- audited in the manner required by the local government
budget and fiscal control act.
Ularence Urier, Administrative and Financial Services Director
Food Service Bid: 2009 -10 Contract
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ATTACHMENT I
Orange County Congregate Meal Site Information
A. MEAL SITE LOCATIONS
Meals will be delivered to:
Robert & Pearl Seymour Center
2551 Homestead Road
Chapel Hill, NC 27516
Food Service Coordinator
Central Orange Senior Center
103 Meadowland Drive
Hillsborough, NC 27278
Food Service Coordinator
B. MEAL DELIVERY ROUTE SCHEDULE
Serving Time: 12:00 Noon at each Center
Meal Production Complete: 10:30 —10:45 a.m.
Time
Meals Depart Commissary: 10:45 —10:55 a.m.
Time
Meal Arrival Time: Seymour Center 11:15 a.m. Central Orange Center 11:30 a.m.
Will this route include other stops for other meal programs? Yes X No