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HomeMy WebLinkAboutItem 10f - Senior Meals Program STAFF REPORT RECREATION & COMMUNITY SERVICES DEPARTMENT DATE: March 17, 2026 TO: Honorable Mayor and City Council FROM: Sara Somogyi, Director of Recreation and Community Services By: Annie Beck, Recreation Supervisor SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH CAFÉ FUSION TO PROVIDE THE SENIOR MEALS PROGRAM FOR FISCAL YEAR 2026-27 IN AN AMOUNT NOT TO EXCEED $120,000 CEQA: Not a Project Recommendation: Approve SUMMARY The Senior Meals Program provides a warm and healthy meal for $3.00 per person, Monday through Friday, to approximately 80 seniors. In January 2026, City staff issued a Request for Proposals (“RFP”) for the Senior Meals Program. Café Fusion responded with a proposal that best meets the City’s needs to provide senior meals. It is recommended the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Café Fusion for the Senior Meals Program, in an amount not to exceed $120,000, with the option of three one-year extensions. It is further recommended that the City Council delegate the authority to approve future optional renewals under this agreement to the City Manager, provided that any financial increases remain within standard inflationary levels. BACKGROUND The Senior Meals Program is offered at the Arcadia Community Center, Monday through Friday at 11:30 a.m., to adults 50 years of age and older. The primary intent of the program is to meet one-third of the participants’ daily nutritional intake values, while adhering to the Los Angeles County Department of Public Health standards. In addition, the program offers a social outlet to participants, helping reduce isolation Professional Services Agreement for Senior Meals Program March 17, 2026 Page 2 of 3 by building friendship and peer support. The City’s current agreement with Bateman Community Living, LLC, d.b.a. TRIO Community Meals, to provide these meals will expire on June 30, 2026. DISCUSSION In January 2026, City staff issued an RFP for the Senior Meals Program. City staff sent the RFP to a list of potential vendors and posted it on the City’s website for public submittal. The City received four proposals, and the evaluation process was conducted by a panel of staff from the Recreation and Community Services Department. The panel considered the proposals’ thoroughness, understanding of the scope of work, related experience, references, quality, and costs. The results of the evaluation with each proposer’s ranking and costs are listed below. The score is out of a possible 100 points. Ranking Company Name Score FY 26-27 Cost Per Meal Annual Escalator 1 Café Fusion 80 $6.00 6% 2 Everytable 79 $6.75 5% 3 TRIO Community Meals 78 $7.50 6% 4 Teabites Kitchen 42 $10.50 7% After careful consideration, the panel ultimately selected Café Fusion’s proposal. Café Fusion is a local business in Arcadia that currently serves lunch daily to eight adult day care centers and is well equipped to meet the City’s needs. Further, Café Fusion’s costs were the lowest of all proposers, making the company qualified and cost effective. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. Professional Services Agreement for Senior Meals Program March 17, 2026 Page 3 of 3 FISCAL IMPACT Previously, Community Development Block Grant (“CDBG”) funds were used to offset a portion of the senior meals; however, those funds have since been reallocated to support other senior programming. Participants will pay $3.00 per meal. The proposed agreement will be supported by the General Fund in the amount of $120,000, 50% of which will be offset by revenue received by participants. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize and direct the City Manager to execute a Professional Services Agreement with Café Fusion to provide the Senior Meals Program for Fiscal Year 2026-27 in an amount not to exceed $120,000, with the option of three one-year extensions. It is further recommended that the City Council delegate the authority to approve future optional renewals under this agreement to the City Manager, provided that any financial increases remain within standard inflationary levels. Attachment: Proposed Professional Services Agreement 1 Updated Feb. 2020 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING SENIOR MEALS PROGRAM This Agreement is made and entered into as of July 1, 2026 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Café Fusion, a with its principal place of business at 510 East Live Oak Avenue, Arcadia, CA 91006 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Senior Meals Program (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $131,200. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3. Additional Work. 2 Updated Feb. 2020 If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. July 1, 2026 to June 30, 2027 with three (3) possible one (1) year extensions. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). Consultant shall complete the services required hereunder within [See “Activity Schedule” Exhibit C.] The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 3 Updated Feb. 2020 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability 4 Updated Feb. 2020 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability Consultant shall procure and submit evidence of insurance for at least five (5) years from the time that all work under this Agreement is completed. (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. 5 Updated Feb. 2020 b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its 6 Updated Feb. 2020 profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Cyber Liability Insurance. Cyber Liability Insurance covering (1) all acts, errors, omissions, negligence, infringement of intellectual property; (2) network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or negligence in the handling of confidential information, privacy perils, including coverage for related regulatory defense and penalties; (3) system failure, damage to or destruction of electronic information, data recovery, business interruption, cyber extortion, and information theft; (4) data breach expenses payable whether incurred by City or Consultant, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for City or on behalf of City hereunder. If a sub-limit applies to any elements of coverage, the certificate of insurance evidencing the coverage above must specify the coverage section and the amount of the sub-limit. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 7 Updated Feb. 2020 g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against 8 Updated Feb. 2020 City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have 9 Updated Feb. 2020 provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. All subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such 10 Updated Feb. 2020 Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the 11 Updated Feb. 2020 action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 17. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 18. Organization Consultant shall assign Michelle Chou, Owner as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 20. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: 12 Updated Feb. 2020 CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: Sara Somogyi, Director of Recreation & Community Services CONSULTANT: Café Fusion 510 East Live Oak Avenue Arcadia, CA 91006 and shall be effective upon receipt thereof. 21. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 25. Successors and Assigns 13 Updated Feb. 2020 This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 26. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 27. Time of Essence Time is of the essence for each and every provision of this Agreement. 28. City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 29. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 14 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND CAFÉ FUSION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA Café Fusion By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: City Clerk APPROVED AS TO FORM: CONCUR: By: ___________________________________ Michael J. Maurer Sara Somogyi City Attorney Director of Recreation & Community Services 15 Updated Feb. 2020 EXHIBIT A Scope of Services During the Time of Performance as set forth herein, the Contractor shall furnish all food and equipment necessary to prepare and deliver individual meals and/or bulk food for persons 50 years of age and older Monday through Friday of each week. Number/Price of Meals The minimum requirement is estimated at 40 meals and the maximum requirement is estimated at 80 meals per day. The meals would be congregate meal or box or picnic lunches. There is no guarantee that the maximum number of meals will be reached. Delivery a. The meals shall be delivered to the Arcadia Community Center, 365 Campus Drive, Arcadia 91007. b. The City may add, delete or designate alternate meal locations provided that new meal locations shall not be located substantially farther than the Arcadia Community Center. c. The City may change the days and time of delivery and service by giving contractor 7 day notice. d. The City and the Contractor will jointly establish a time frame for ordering the number of meals required for any day. e. The Contractor shall deliver the meals no more than 45 minutes prior to and not less than 15 minutes before the agreed upon serving time. Food shall be kept in heat retaining equipment no longer than 2 hours after packaging. Service Standards a. The kitchen shall be available to Contractor from 10:30 a.m. - 2:00 p.m. Meals will be served at 11:30 a.m. b. Meals are to be delivered in an individually packaged manner. c. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or insect infestation. Hot foods are to be delivered at a minimum temperature of 140° F and cold foods at a maximum temperature of 40° F. d. These temperatures must be maintained until serving time. The Contractor must take temperature of food daily at the end of production/packaging and on delivery at the nutrition site. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packaging. Daily written documentation of temperature logging/monitoring must be kept by Contractor and will be subject to audit by the Recreation Supervisor or designated person. e. The Contractor shall supply the following minimum specifications per item, but is not limited to the minimum. The Contractor shall monitor usage and keep on hand a two- week supply: 16 Updated Feb. 2020 Item Specifications Disposable Plates 3 compartment containers Disposable Cups Cold Disposable Bowls 8 oz. Disposable Flatware Med wt, knives, fork, spoon and soup spoon Napkins 2 ply Others Plastic disposable gloves, disposable aprons, disposable place mats, hair nets, individual wrapped straws, butter, salt & pepper, salad dressing (ranch & Italian), tartar sauce, mustard, mayonnaise. The City of Arcadia prohibits the use of polystyrene (“Styrofoam”) food and beverage containers. All paper good items must be 40% recyclable to be aligned with AB661. f. The Contractor shall place food in areas designated by Recreation Supervisor. g. Each delivery shall be accompanied by a delivery slip, in duplicate, designating number of meals and supplies delivered. Recreation Supervisor or designated person will sign receipt, if in order, and retain one copy. h. The Contractor's delivery equipment shall be removed from the meal location by 2:00 p.m. City is not responsible after this time. i. The Contractor shall provide a back-up delivery system in the event of vehicle breakdown. j. Electrical items required to be provided herein shall have the UNDERWRITER'S LABORATORY OR LOS ANGELES ELECTRICAL TESTING LABORATORY approval and meet all current OSHA and COSHA requirements, where applicable. k. The Contractor shall comply with all Federal, State and local health department laws and regulations. Contractor shall provide City with a current copy of the health certificate and any corrected deficiencies with bid. l. Authorized representative of the City shall have the right to inspect food preparation, storage, and packing sites during the term of the contract. m. The City Manager, Recreation and Community Services Director, or their designate shall have the authority to cancel or postpone use of a facility if the City deems such action necessary. Whenever possible, 48 hours notice will be given to the contractor. Meal Standards The Contractor shall be liable for meals that do not meet the nutritional standards and requirements or are spoiled or unwholesome at time of delivery, or are insufficient in number ordered, or are delivered after the time specified by the City. In the event the Contractor fails to deliver meals, other foods, or supplies as agreed upon, the City may provide a substitute meal with emergency supplies or meals purchased from other places and charge the cost of the purchased meal to the Contractor. The replacement cost shall not exceed 120 percent of the contracted catered meal cost. If any portion of a meal, other than the entree is delivered in an unacceptable condition, such as incorrect temperature (*potentially hazardous), less than contracted portion, spoiled or too 17 Updated Feb. 2020 late, the Contractor shall be liable for 120% replacement cost of that portion. If the entree is unacceptable, the Contractor shall be liable for the cost of the entire meal. Any item replaced by City due to storage or spoilage shall be reimbursed at full amount expended. All shortages shall be noted on delivery slip for proper crediting. Menus a. All menus shall comply with the current State requirements. b. A 6-week cycle menu shall be used that is written once every twelve months. c. The Contractor has the responsibility for menu writing with approval by the Recreation Supervisor or his/her designate. d. The contractor must provide menu one month prior. e. The City is responsible for typing and duplicating menu. f. The Contractor shall submit in writing all menu substitutions to the Recreation Supervisor or designate for approval at least 15 days prior to the serving date. The Contractor may, however, in an emergency situation make menu substitutions on verbal approval of the Recreation Supervisor or designate, with a written notice to follow for documentation. Meal Pattern A typical meal must include an entree, vegetable, starch, salad (vegetable or fruit), roll & margarine, beverage, and dessert (at least twice a week): • Meat or meat alternate 3oz. edible portion (exclusive of bone, fat, gristle, etc.) • Vegetables/Fruits 2 (1/2 cup each) servings (exclusive of dessert) • Juice (as needed to 1/2 cup satisfy Vitamin C requirement) • Enriched bread 1 slice bread, cornbread, roll, tortilla, biscuit • Cooked Starch 1/2 cup serving such as rice, pasta, potato • Margarine 1 teaspoon • Dessert 1/2 cup or equivalent (served at least twice a week) • Beverage coffee, tea or milk In the preparation of all meals, the Contractor shall use a minimum of simple sugars. Each meal shall not exceed 1100 mg of sodium and shall be low in fat. Contractor shall provide all condiments, which are normally served with specific menus, including, but not limited to, salt, pepper, salad dressing, tartar sauce, mustard, catsup, cream, sugar, and garnishes such as lemon slices and parsley. The Contractor shall provide containers for salt, pepper or any other item as may be required. Ground beef may be used no more often than twice a week and must be solid form such as meatloaf or Salisbury steak for one of the servings. Desserts such as fruits, puddings, gelatin with fruit, ice cream, ice milk, sherbet, and similar foods shall be served in one-half (1/2)-cup portions. Oatmeal, wheat and peanut butter cookies, not to exceed 80 calories per serving, may be included once a week. High calorie 18 Updated Feb. 2020 desserts such as plain gelatin, cake, pie, cookies and similar foods shall also be included but are to be limited to once per week. Different fruits will be served at least three days. Whole fresh fruit in season shall be served at least once during each week. Canned fruit will be water packed or packed in its own juice. Minimum grades for all foods shall be as follows: • Beef: USDA grade A Choice • Pork: USDA Number 1 (as defined in SRA, Number 171 US • Standards and Grades of Pork Carcasses) • Lamb: USDA Choice • Poultry: USDA Grade A to be used for all fresh or frozen poultry products. Neck, backs, or wings alone shall not be used. Reconstructed roll products are not acceptable. • Variety Meats: Grade Number 1 from USDA Government inspected plants. • Dairy Products: Following is to be used as minimum specifications for all graded dairy products: • Eggs, fresh USDA or State Graded A • Cheese, USDA grade A, non-processed cheese • Fish and seafood must be either fresh or frozen and be a nationally distributed brand packed under continuous inspection of the US Department of Interior. • Canned Fruits and Juices: USDA Grade A (fancy) and Grade B (choice) are to be used for all graded fruits and fruit juices. Grade C (standard) may be used for pie and cobbler production only. • Fresh fruits: USDA Fancy to USDA Number 1 to be used for all graded fresh fruits as a minimum standard. • Fresh vegetables: USDA Fancy and Number 1 to be used for all graded fresh vegetables as a minimum standard. • Frozen fruits and vegetables: USDA grade A is to be used for all graded frozen fruits and vegetables as a minimum standard. Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna noodle casserole, shall be prescored by the Contractor for the appropriate number of servings. Asian meals are to be served minimum at least 2 days a week. 19 Updated Feb. 2020 EXHIBIT B Schedule of Charges/Payments July 1, 2026-June 30, 2027 CATERER: Café Fusion HOT MEAL COST PER MEAL Raw Food $ 2.30 Condiments $ 0.30 Preparation $ 1.20 Transit $ 0.40 Sundry Items Paper $ 0.35 Other $ 0.80 TOTAL CATERED Overhead Profit $ 0.65 COST/MEAL $6.00 BOX OR PICNIC LUNCH Raw Food $ 2.30 Condiments $ 0.30 Preparation $ 1.40 Transit $ 0.40 Sundry Items Paper $ 0.65 Other $ 0.80 TOTAL CATERED Overhead Profit $ 0.65 COST/MEAL $ 6.50 BIDDER’S COST PROPOSAL CONTINUED 20 Updated Feb. 2020 DESCRIPTION ESCALATOR PERCENTAGE ANNUAL COST ANNUAL ESCALATOR This contract is eligible for possible contract extensions. Extensions are subject to City approval and are not guaranteed. Escalators are intended to cover cost of living increases. Annual costs should be calculated based on the Total Bid line item for Fiscal Year 2026-27. Fiscal Year 2027-28 ___5___ % $6.30 Fiscal Year 2028-29 $6.62 Fiscal Year 2029-30 $6.95 21 Updated Feb. 2020 EXHIBIT C Activity Schedule The meal service is to be performed: July 1, 2026 to June 30, 2027 Possible extensions: July 1, 2027, to June 30, 2028 July 1, 2028, to June 30, 2029 July 1, 2029, to June 30, 2030 Delivery Schedule a. The meals shall be delivered to the Arcadia Community Center, 365 Campus Drive, Arcadia 91007. b. The City may add, delete, or designate alternate meal locations provided that new meal locations shall not be located substantially farther than the Arcadia Community Center. c. The City may change the days and time of deliver and service by giving contractor 7 days’ notice. d. The City and the Contractor will jointly establish a time frame for ordering the number of meals.