RESOLUTION NO. 24-89
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Second Amendment To The Professional Services Contract With Patatas, LLC, To Provide Daily Meal Service For FY24/25 For The Children At The Emeryville Child Development Center By Increasing The Contract Amount By $170,000 For A Total Not To Exceed Contract Amount Of $302,000 And Increase 5200-73600 Food Supplies By $88,000 With An Appropriate Amount To Be Transferred From Measure F Fund 267-99650 To Fund 230-69994 WHEREAS, the City of Emeryville provides childcare services at the Emeryville Child Development Center (“Center”), located at 1220 53rd Street, Emeryville, California; and WHEREAS, the City desires to provide a meal program for the children enrolled at the Center; and
WHEREAS, the Center is required to provide meals to all participants as part of the program and as a requirement for receiving funding from the State of California; and
WHEREAS, the City and Contractor entered into a Professional Services Contract dated September 5, 2023 (“Contract”) with Patatas, LLC. to provide daily meal service at the Center; and
WHEREAS, the City and Contractor entered into a First Amendment to the Contract dated July 1, 2024, for the purpose of increasing the services provided by the Contractor to include Friday meal service and increased the contract amount by $17,000 for a total not to exceed amount of $132,000, and WHEREAS, the City and Contractor desire to enter into a Second Amendment to the Contract for the purpose of retaining the services provided by the Contractor for FY 24/25 by increasing the contract amount by $170,000 for a total not to exceed contract amount of $302,000; and
WHEREAS, the annual funding required to cover the additional food services provided by ECDC staff for breakfast and snack for FY24/25 is $21,000; and therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to enter into a Second Amendment to the Professional Services Contract with Patatas, LLC to provide daily meal service for FY24/25 by increasing the contract amount by $170,000 for a total not to exceed contract amount of $302,000 and authorizes the transfer of $$88,000 from Measure F Fund 267-99650 to Fund 230- 69994 and an increase to 5200-73600 Food Supplies.
Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Resolution No. 24-89
ECDC Food Program- Patatas LLC PSA Second Amendment
City Council Meeting | July 16, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 16, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Professional Services Contract 2nd Amendment w/ Scope of Work Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 06/2020
SECOND AMENDMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and PATATAS, LLC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated September 5, 2023 (“Contract”) for the purpose of retaining the services of Contractor to provide daily meal service for children at the Emeryville Child Development Center (“Center”); and
WHEREAS, the City and Contractor desire to enter into a First Amendment to the Contract beginning April 5, 2024, for the purpose of adding Friday meal service through the end of the FY23/24 contract; and
WHEREAS, the City and Contractor desire to enter into a Second Amendment to the contract beginning September 3, 2024 for the purpose of retaining the services of the Contractor to provide daily meal service for children at the Emeryville Child Development Center for an additional year; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
DocuSign Envelope ID: D313815E-DF13-4C46-B1F8-942845369F3D Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Professional Services Contract Amendment REV 06/2020
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to AUGUST 30, 2025.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by ONE HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($170,000.00). The total
amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed
THREE HUNDRED THOUSAND TWO DOLLARS AND NO CENTS
($302,000.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: D313815E-DF13-4C46-B1F8-942845369F3D Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SECOND AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: PATATAS, LLC
(Signature)
Marcos Quezada
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: D313815E-DF13-4C46-B1F8-942845369F3D 06/30/2024
Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EXHIBIT A: AMDENDED SERVICES
2024-2025
Contractor Responsibilities:
Key Personnel:
Marcos Quezada, Chef/Owner of Patatas, LLC
Meal Service:
1. Contractor will provide daily meal service to children at the Emeryville Childhood Development Center (“Center”), Monday through Friday, excluding City holidays. Daily meal service will consist of lunch. Menus will be designed for preschool children aged 1 year to 5 years old. Each meal will include fresh fruit and/or fresh vegetables. Each meal will include low fat or nonfat white milk.
2. Contractor will provide meals for children with special dietary needs as requested by City. All such meals shall otherwise meet the meal pattern and nutritional requirements for non-special dietary needs meals.
3. Contractor will provide sack lunches for field trips as requested by City. All meals for field trips shall meet the meal pattern and nutritional requirements for meals served at the Center.
4. Contractor will use city owned commercial kitchen for the preparation and cooking of the meals. Use of the commercial kitchen must be arranged and approved by the Community Services Department and supervised by staff.
Contractor is responsible for the cleaning of the space after each use.
5. Contractor will deliver meals to the Center at times specified by City.
Contractor will be responsible for proper storage and care of meals until delivery to the Center. Contractor shall ensure that all health and sanitation requirements of the California Retail Food Code (Health and Safety Code section 113700 et. seq.) are met at all times.
Food Standards:
Contractor will provide food which emphasizes fresh and all-natural ingredients, and will not provide overly processed, fried, or microwaved product meals.
Ingredients will be organic and locally produced whenever possible. All milk must be free of BST growth hormone. Meats shall be free of nitrates and nitrites.
Contractor will not provide food: high in fructose corn syrup or added sugar; with artificial trans fats; or with artificial colors, flavors or sweeteners.
Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Menus:
No later than one week prior to the end of each month, Contractor will provide to City a proposed menu for the following month for all meals describing meals to be served for the that month. The menu will be subject to approval by City.
Records:
Meals will comply with all nutritional requirements of the state Child and Adult Care Food Program (“CACFP”). Contractor will maintain all necessary records on the nutritional components and quantities of the meals served at Center and make said records available for inspection by State and Federal authorities upon request.
Contractor will maintain said records for a period of three (3) years.
Upon execution of this Agreement, Contractor will provide City with a copy of current health certifications for the food service facility in which it prepares meals for use in the CACFP.
City Responsibilities:
Food Storage Facilities:
City will provide refrigerated food storage equipment. Contractor will provide hot food storage equipment. City will provide maintenance of the premises, equipment, and facilities where meals will be served.
Ordering and Service of Meals:
City will conduct weekly ordering of the number of meals needed for each day of the following week.
City will provide for service of meals to children.
Lunch Schedule:
Meal Pricing:
Pricing for meals and services provided in this Agreement shall be as follows:
Meal Type Pricing (per day / per child)
Lunch & Milk Service $10.90
The amended contract amount will add:
246 days of service for FY24/25 contract: 246 x $10.90 per day x 56 participants = $150,158.40 plus tax = 165,925.03
Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Invoice No. 2023001
Quotation
Customer
Name Date 6/24/2024
Address Event Sep24- August/25
City Emeryville State CA ZIP 94608 Contact Rebecca Sermeno Program email
Qty Unit Price TOTAL
13776 $ 150,158.40 10.90 $
1120
1288
1064
1064
1176
1064
1176
1232
1176
1120
1232
1064
SubTotal 150,158.40 $
$ -
Payment Select One… Tax Rate(s) 10.50% 15,766.63 $
Delivery
Comments TOTAL $ 165,925.03
Name
CC #
Expires
Office Use Only
June 2025 Days of Service = 20
July 2025 Days of Service = 22
August 2025 Days of Service = 19
December 2024 Days of Service = 19
January 2025 Days of Service = 21
February 2025 Days of Service = 19
March 2025 Days of Service = 21
April 2025 Days of Service = 22
May 2025 Days of Service = 21
Cost for 246 Days of Services for 56 Lunch per day)
Lunch & Milk Emeryville Child Development Center Vendor Meal September 2024 Days of Service = 20
October 2024 Days of Service = 23
November 2024 Days of Service = 19
PATATAS LLC
4331 Salem St. Emeryville CA. 94608
(510) 502-1561
City of Emeryville
1220 53rd. Street
Child Development Center 2024-2025
Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5