DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
January 17, 2023
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services9\1)
Karen Tansey, Management Analyst ~
(858) 668-4684 or [email protected]
CITY COUNCIL
Approval of Agreement with Charlie's Classic Cooking to Provide Catering Services for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center
The City of Poway recognizes the importance of providing a robust congregate meal program at the Mickey Cafagna Community Center (MCCC) for older adults. In October 2021, the City entered into a short-term agreement to provide catering services with the eventual goal to contract with a long-term provider who would facilitate a traditional congregate meal setting. Two Request for Proposals (RFP) were issued. The first RFP was unsuccessful due to an incomplete proposal and was rejected by City Council on October 4, 2022. The second RFP received one complete proposal submitted by Charlie's Classic Cooking. The City and Poway Valley Senior Citizens Corporation (PVSCC) are currently operating under a reimbursement agreement to provide funding for the congregate meal service.
The costs are fully offset through a combination of participant fees and the generous contribution from the PVSCC. After reviewing the proposal, interviewing Charlie Heineke, and sampling his food, staff recommends entering into an agreement with Charlie's Classic Cooking to provide the older adult meal program at the MCCC.
Recommended Action:
It is recommended the City Council approve the Agreement and authorize the City Man.ager to execute all necessary documents associated with the Agreement between the City of Poway and Charlie's Classic Cooking to provide meal service for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center.
Discussion:
Background
On October 19, 2021, the City of Poway entered into an agreement with Feeding the Soul Foundation dba O'side Kitchen Collaborative (OKC) to provide the older adult congregate meal program at the 1 of 20
January 17, 2023, Item #8
MCCC.
The
term
of
the
agreement
was
six
months
with
the
option
to
renew
monthly
allowing
the
City
time
to
develop
and
issue
an
RFP
for
a
long-term
provider.
On
July
14,
2022,
the
City
distributed
and
advertised
an
RFP
for
the
congregate
meal
program
and
catering
services.
Unfortunately,
only
one
proposal
was
received
on
August
18 and
was
deemed
incomplete
because
it
lacked
specific
details
about
the
scope
of
services.
After
the
proposal
was
rejected
at
City
Council
on
October
4,
staff
re-scoped
and
re-advertised
the
RFP
and
sent
it
out
to
companies
(including
some
non-profits),
distributed
to
City
of
Poway
restaurants,
and
advertised
it
through
social
media
resources
.
One
complete
proposal
was
received
and
opened
on
November
15 from
Charlie's
Classic
Cooking
in
Escondido.
Charlie
Heineke
is
an
executive
chef
with
over
42 years
of
experience
cooking
in
restaurants,
hotels, hospitals,
and
community
churches.
He
has
worked
with
older
adult
programs
providing
weekly
meals
for
80 participants,
delivered
home
meals,
and
performed
catering
. Charlie's
proposal
includes
providing
the
meals,
plating
the
food,
and
cleaning
the
kitchen.
His
business
model
uses
two
additional
chefs
and
two
sous
chefs
to
provide
the
staffing
necessary
to
provide
the
Monday
through
Friday
meal
program.
The
scope
of
services
is
included
as
Attachment
1 of
Exhibit
A
to
the
Standard
Agreement
for
Services
(Attachment
A)
.
As
part
of
the
interview
process,
staff
and
PVSCC
toured
Charlie's
Classic
Cooking
commercial
kitchen
in
Escondido.
Charlie
shared
his
experience,
philosophies,
and
goals
for
the
congregate
meal
program.
He
also
provided
samples
of
his
food.
His
lunches
will
consist
of
a protein,
veggies
or
salad,
a
starch,
and
a
dessert
each
day.
Beverages
will
also
be
provided.
An
emphasis
will
be
placed
on
keeping
the
food
delicious,
at
the
appropriate
temperature,
and
eliciting
feedback
from
the
participants. As
described
in
Attachment
2 of
Exhibit
A
to
the
Standard
Agreement
(Attachment
A),
the
cost
per
meal
is
$16.
This
charge
is
higher
than
the
current
cost
of
$10.50
per
meal.
However,
the
current
meal
provider
also
charges
$150
per day
delivery/setup/cleanup
fee,
and
this
did
not
include
plating
the
food,
beverages,
desserts,
or
cleaning
the
kitchen
facilities.
The
City
and
PVSCC
are
currently
operating
under
a
reimbursement
agreement
to
provide
funding
for
the
congregate
meal
service
at
MCCC.
Participants
pay
$5
per
meal
and
PVSCC
pays
the
remaining
$5.50,
plus
the
daily
delivery/setup/cleanup
fee.
Based
on
the
goal
to
increase
the
congregate
meal
program,
PVSCC
recognizes
the
increased
cost
and
is
proposing
a
tiered
pricing
structure
similar
to
that
of
the
meal
program
at
the
former
Poway
Senior
Center.
Adults
50+
will
pay
$5;
staff,
caretakers,
and
special
needs
individuals
will
pay
$8;
and
other
guests
are
welcome
to
participate
at
$16.
The
City
will
pay
the
invoices
from
the
meal
provider
and
then
request
reimbursement
from
the
PVSCC
for
a
portion
of
the
costs.
The
City
will
revise
the
reimbursement
agreement
with
PVSCC
to
reflect
the
costs
described
above.
If
the
program
continues
at
its
current
level
of
service,
there
are
sufficient
funds
in
the
budget
to
pay
the
invoices
and
collect
the
offsetting
donation
from
PVSCC.
Assuming
the
City
Council
approves
the
proposed
agreement
, Charlie's
Classic
Cooking
will
begin
February
1. Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
2 of20
January 17, 2023, Item #8
Fiscal
Impact:
Based
on
the
assumption
that
the
congregate
meal
program
will
continue
at
its
current
level
of
service,
there
are
sufficient
funds
in
account
208020-41200-20001
to
pay
the
meal
provider
invoices.
These
costs
will
be
fully
offset
through
a combination
of
participant
fees
and
reimbursement
from
the
PVSCC. Public
Notification:
None. Attachments: A.
Standard
Agreement
for
Services
Between
the
City
of
Poway
and
Charlie's
Classic
Cooking
Reviewed/Approved
By:
Wendy
Kaserman
Assistant
City
Manager
3 of20
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
~
City
Manager
January 17, 2023, Item #8
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
17th
day
of
January,
2023
, by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Charlie
's
Classic
Cooking
(hereinafter
referred
to
as
"Consultant"). RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
company
to
provide
a
congregate
meal
program
for
older
adults
at
the
Mickey
Cafagna
Community
Center;
WHEREAS,
Consultant
is
a
chef
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services
;
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth
.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS
:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City
. Termination
for
cause
shall
be
effected
by
4 of20
ATTACHMENT
A
January 17, 2023, Item #8
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice
.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services
.
Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.
Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services
. The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.
Consultant
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of
the
City
.
In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.
6. Office
Space
and
Clerical
Support.
Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Consultant
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Consultant,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee
, gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee
.
8. Ownership
of
Documents.
All
memoranda,
reports,
plans,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand
.
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
5 of20
January 17, 2023, Item #8
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests conflict
in
any
way
with
those
of
the
City
of
Poway
. Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code
.
Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Consultant
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City
.
"Consultant"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
6 of20
(A)
Makes
a
governmental
decision
whether
to:
1. Approve
a
rate
, rule
or
regulation;
2. Adopt
or
enforce
a
law;
3. Issue,
deny,
suspend,
or
revoke
any
permit
,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement;
4. Authorize
the
City
to
enter
into,
modify
, or
renew
a
contract
provided
it is
the
type
of
contract
that
requires
City approval;
5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract;
6. Grant
City
approval
to
a
plan
, design,
report
, study
, or
similar
item;
7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City
, or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or
implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest
Code.
DISCLOSURE
DETERMINATION
:
~
1. Consultant/Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity
" as
defined
in
Sections
A
and
B
above
.
No
disclosure
required
.
D
2. Consultant/Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
January 17, 2023, Item #8
result,
Consultant/Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted
, except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of
Records.
Consultant
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement
, Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications
, and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession
.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
7 of20
January 17, 2023, Item #8
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials, officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
8 of20
January 17, 2023, Item #8
which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have _no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, 9 of20
January 17, 2023, Item #8
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which, together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
Cal
PERS
while
providing
services
to
City.
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56
.
A
copy
of
Government Code
section
7522
.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
10 of
20 January 17, 2023, Item #8
imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY CONSULTANT
By:--------------By:--------------
Chris Hazeltine, City Manager Charles Heineke, Executive Chef Date: Date: -------------------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
11 of20
January 17, 2023, Item #8
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform cooking services as required by City, which shall consist of the congregate meal program further described in the Scope of Services submitted with the proposals dated November 11, 2022, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposal dated November 11, 2022, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing February 1, 2023, and ending February 1, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended with a total of three (3) separate, one-year time extensions. The maximum length of the Agreement can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Consultant and subject to appropriation of funds. For the final three, one-year extensions of the contract, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less.
Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 20
January 17, 2023, Item #8
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance
.
2. Endorsements
:
Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation
.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers
,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards
, officers,
agents,
and
employees
.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or coverage
maintained
by
City
."
3. Insurance
Certificates:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses: To
City:
13 of
20 City
of
Poway
P.O.
Box
789
Poway,
CA
92074
January 17, 2023, Item #8
To
Consultant:
Attachments:
1. Scope
of
Services
2. Proposal
14 of
20 Charlie's
Classic
Cooking
1291
Simpson
Way,
Suite
H
Escondido,
CA
92024
January 17, 2023, Item #8
EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
15 of 20
(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received January 17, 2023, Item #8
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receIvIng
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
16 of
20 (1
)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
the
appointment
has been
approved
by
the
governing
body
of
the
employer
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting
. The
appointment
may
not
be
placed
on
a
consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
January 17, 2023, Item #8
University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 17 of 20
January 17, 2023, Item #8
Attachment
1 Scope
of
Services
for
the
Congregate
Meal
Program
at
the
Mickey
Cafagna
Community
Center
•
Meal
Provider
will
create
and
submit
monthly
menus
to
the
City
for
approval
45 days
prior
to
the
start
of
the
month.
•
Meal
Provider
will
prepare
meals
Monday
through
Friday,
except
on
Christmas
Day;
Thanksgiving
Day;
and
New
Year's
Day.
Other
holidays
can
be
negotiated
with
60 days
written
notice
to
City.
•
Lunch
will
be
served
from
11 :00am-12:30pm.
In
the
event
the
City
changes
the
start
and/or
end
time
, meal
provider
will
be
notified
30 days
in
advance.
•
City
will
provide
Meal
Provider
the
number
of
pre-paid
meals
by
noon
of
the
previous
day
.
An
alternative
reservation
method
can
be
arranged
with
City
.
All
ideas
should
be
provided
to
City
in
writing
30 days
prior
to
start
and
approved
prior
to
implementation.
•
The
Meal
Provider
shall
comply
with
all
federal,
state
,
and
local
laws
and
regulations
governing
the
preparation
and
handling
of
food;
and
procure
and
keep
in
effect
all
necessary
licenses,
permits
and
food
handlers'
cards
required
by
law;
and
post
such
licenses,
permits
and
cards
in
a
prominent
place
within
the
meal
preparation
areas.
Meal
Provider
will
deliver
to
the
City
a
copy
of
the
Meal
Provider's
last
Health
Inspection
Report.
Meal
Provider
will
deliver
to
the
City
a
copy
of
the
Meal
provider's
latest
Food
Manager's
Certificate.
•
The
Meal
Provider
shall
be
responsible
for:
ordering,
purchasing,
and
paying
for
quality
raw
food
items
and
consumable
supplies
to
be
used
in
the
preparation
of
all
meals
.
The
Meal
Provider
will
prepare
meals
in
a
commercial
kitchen
(at
the
Cafagna
Center
or
Charlie's
Classic
Cooking
site),
plate
the
food,
wash
the
dishes,
and
keep
kitchen
clean.
Meal
Provider
will
supply
the
cleaning
supplies
.
Storage
will
be
made
available for
all
necessary
food
and
equipment.
City
shall
be
responsible
for:
table
set-up
and
break-down,
serving
the
meals,
serving
beverages,
bussing
the
tables,
and
collecting
lunch
tickets
from
participants.
•
Meal
Provider
will
prepare
a
quantity
of
food
necessary
to
assure
that
shortages
do
not
occur
due
to
minor
serving
errors.
•
Meal
assessments shall
be
conducted
by
the
City
on
an
on-going
basis.
The
Meal
provider
shall
work
with
the
City
to
comply
with
reasonable
requests
for
changes
in
food
type,
preparation
method,
and
quality.
Records
will
be
maintained
by
City
staff
documenting
the
quality
of
food
and
service
received
from
the
Meal
Provider.
These
records
will
be
made
available
to
the
Meal
Provider
upon
request.
18 of
20 January 17, 2023, Item #8
•
Beverages
will
be
provided
by
the
Meal
Provider
and
the
cost
shall
be
calculated
into
the
price
of
the
meals.
Beverages
include,
but
are
not
limited
to,
water,
tea,
and
coffee
.
All
condiments
normally
associated
with
food
items
to
be
served
will
be
the
responsibility
of
the
Meal
Provider
and
shown
on
the
menus
submitted
to
the
City
for
approval.
•
Cutlery,
service
utensils,
trays,
small
wares,
and
cooking
pots/pans
will
be
provided
by
the
City
of
Poway.
The
Meal
Provider
will
replace,
with
like
kind,
or
pay
for
replacement
of,
all
City-owned
equipment
used
for
food
service
that
is
lost
or
damaged,
excluding
normal
wear
and
tear,
due
to
Meal
Provider's
actions.
City
will
perform preventative
maintenance
of
said
items.
•
Meal
Provider
shall
supply
all
staffing
for
cooking
the
meals,
plating
the
food,
washing
the
dishes,
and
keeping
the
kitchen
clean
.
Meal
Provider
shall
comply
with
all
applicable
federal,
state
and
local
laws
and
regulations
pertaining
to
wages
and
hours
of
employment.
In
the
event
staff
calls
in
sick,
Meal
Provider
must
secure
replacement
staff
in
order
for
meals
to
be
served
Monday
through
Friday,
with
the
exceptions
of
holidays.
•
The
Meal
Provider
shall
maintain
a temperature
record
documentation
system
and
said
temperature
record
will
be
implemented
and
maintained
to
ensure
sanitary
and
safe
food
handling
procedures.
•
City
can
provide
cubicle
office
space.
Meal
Provider
must
provide
computer,
printer,
and
office
supplies.
•
Meal
provider
may
submit
proposals
of
wrap-around
services
such
as
cooking
classes,
entertainment,
special
cooking
features,
etc
.
•
Although
not
required
for
award
of
this
proposal,
Meal
Provider
may
enter
into
a
contract
for the
exclusive
right
of
providing
catering
services
to
rental
clients
at
the
Mickey
Cafagna
Community
Center.
A
percentage
split
with
the
City
would
be
negotiated
for
providing
those
services.
•
Kitchen
will
be
exclusive
use
for
Meal
Provider
except
for
City
programming,
which
includes
but
is
not
limited
to,
Teen
Programs,
Kid's
Night
Out,
year-round
classes
and
summer
camps.
Care
will
be
provided
to
protect
all
City-owned
equipment
and
any
food
or
supplies
for
the
congregate
meal
program.
19 of20
January 17, 2023, Item #8
Attachment
2 Charlie's
Classic
Cooking
1291
Simpson
Way,
Suite
H
Escondido,
CA
92024
Staff
Model
Charles
Heineke
-
Owner,
Executive
Chef
-
42 years
of
experience
Chef
Johansson
Blank
- 7
years
of
experience
Chef
Nicole
Estrada
- 4
years
of
experience
Sous
Chef
Patryga
Miechowski
- 5
years
of
experience
Sous
Chef
Anna
Kechior
- 4
years
of
experience
Workflow
•
Menu
developed
by
Chef
Charles
and
sent
to
City
of
Poway
for
approval
45 days
prior
•
Number
of
Guests
provided
by
City
of
Poway
one
day
prior
•
Food
Purchasing
-
Chef
Charles
and
Chefs
-
will
be
done
2 times
per
week
•
Food
Prep
-Sous
Chef
-
night
before
food
is
cooked
•
Cooking
-overseen
by
Chef
Charles
and
Chef
-
the
day
of
service
•
Packaging
for
Transport
-
Sous
Chef
-
day
of
service
•
Delivery
-
Chef
-morning
of
the
event
•
Plating
Food
and
Serving
-
Sous
Chef
(volunteers
to
assist
with
serving)
•
Cleanup
-
Chef
and
Sous
Chef-
day
of
service
Cost
of
Services
$16.00
per
meal
Meals Consist
of
protein,
vegetables
or
salad,
starch,
and
dessert.
Beverages
will
include
water,
tea,and
coffee.
All
condiments
will
be
provided.
20 of
20 January 17, 2023, Item #8