HomeMy WebLinkAbout25E - AGMT FOR COMMISSARYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 20, 2020
TITLE:
APPROVE THREE-YEAR AGREEMENT
WITH ARAMARK CORRECTIONAL
SERVICES, LLC FOR INMATE FOOD
SERVICES AND COMMISSARY IN THE
AMOUNT OF $3,514,950
(GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
:••e• It
❑ As Recommended
❑ As Amended
❑ Ordinance on1�Reading
❑ Ordinance on 2n'Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CK•L111►IN] gQito]
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager to execute a three-year agreement with Aramark Correctional
Services, LLC for inmate food services and commissary, for the period of October 20, 2020,
through June 30, 2023, in the amount not to exceed $3,514,950, including a 7 percent
contingency ($229,950), subject to non -substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
California's Board of State and Community Corrections (BSCC) requires agencies to provide food
services for all incarcerated individuals held within their custody. On March 13, 2020, the Santa
Ana Police Department issued a request for proposals (RFP #20-025) for contracted food service
and inmate commissary. On March 31, 2020, a pre -proposal conference was conducted, and on
May 8, 2020, the City received proposals from three firms. Aramark Correctional Services, LLC,
OurHome Catering, Inc., and Trinity Services Group each submitted proposals for evaluation. An
evaluation committee consisting of representatives from the Santa Ana Jail Operations and Jail
Administration reviewed and rated the three proposals.
The proposals were evaluated according to the following:
• Quality/Appeal of Inmate Meals (15%)
• Quality/Appeal of Staff Dining (Code 7 Cafe) Meals (15%)
• Selection and Pricing of Proposed Commissary Items (15%)
• Experience of Firm and Personnel (15%)
• Reasonableness of Cost (40%)
The results of the RFP Evaluation are as follows:
25E-1
Agreement with Aramark Correctional Services, LLC
October 20, 2020
Page 2
Vendor
Score
Aramark Correctional Services, Inc.
95
OurHome Catering, INC
85
Trinity Service Group
82
100 point max
Aramark Correctional Services was the most responsive, capable, and cost effective respondent.
The Police Department proposes to enter into a three-year agreement (Exhibit 1) with Aramark,
for the period of October 20, 2020, through June 30, 2023, in an amount not to exceed
$3,514,950. This agreement also allows the City to compensate Aramark for any services
provided since July 1, 2020. The per -meal cost at the current average daily population (over 400)
is $2.50 per meal. This agreement cost of $3,514,950 will provide food service for approximately
400 inmates, and includes a 7 percent contingency ($229,950) to cover increases in average
daily population, per meal cost increases, and other unanticipated expenses. The agreement
includes language that allows Aramark to request per -meal cost increases based on CPI and the
yearly percentage change in the Market Basket of Products included in the agreement. The
three-year agreement includes two one-year renewal options, which must be approved by the
City Council.
Aramark Correctional Services LLC has been the provider of inmate food services since 1997
and continues to perform these services in a professional and competent manner. All meals are
prepared based on the State of California Code of Regulations, Title 15 nutritional requirements
along with all Orange County Health Department health and safety requirements. Through this
agreement, Aramark Correctional Services, LLC also provides catering services to various City
functions, operates the inmate commissary program, and operates the Code-7 staff cafeteria
located within the Police Administration building. The agreement may be terminated without
cause by either party upon ninety (90) days written notice.
FISCAL IMPACT
Funds are available in the Jail Operations contract services account (No. 01114475-62300) for
the 2020-21 fiscal year, and will be included in future fiscal year budgets as follows:
Fiscal Year
Accounting
Unit -Account #
Accounting Unit, Account
Description
Amount
FY 2020-21
01114475-62300
Jail Operations - Contract Services
$878,738
FY 2021-22
01114475-62300
Jail Operations - Contract Services
$1,171,650
FY 2022-23
01114475-62300
Jail Operations - Contract Services
$1,171,650
FY 2023-24
01114475-62300
Jail Operations - Contract Services
$292,913
Three -Year Total
$3,514,950
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
25E-2
Agreement with Aramark Correctional Services, LLC
October 20, 2020
Page 2
Submitted By: David Valentin, Chief of Police - Police Department
Exhibit: 1. Agreement with Aramark Correctional Services, LLC
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INMATE COMMISSARY AND FOOD SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of October, 2020, by and
between ARAMARK Correctional Services, LLC, a Delaware limited liability company,
(hereinafter "ARAMARK"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California_,
(hereinafter "CITY").
RECITALS
A. On March 16, 2020, the CITY issued a Request for Proposal #20-025 ("RFP") for
contracted Food Service and Inmate Commissary Management. The CITY received
proposals from three (3) firms which were reviewed by an evaluation committee to
select the best qualified vendor based on the RFP.
B. ARAMARK submitted a timely proposal which was selected by the CITY to enter into
an agreement granting the exclusive right to operate the Santa Ana Detention Facility
commissary and to provide food service for the inmates, staff and visitors for the Police
Administration and Holding Facility located at 60 Civic Center Plaza, Santa Ana,,
California ("Facility").
C. ARAMARK represents that it is able and willing to furnish nutritious, wholesome and
palatable food to such inmates, staff and visitors in accordance with the terms of this
Agreement.
D. In undertaking the performance of this Agreement, ARAMARK represents that it is
knowledgeable in its field and that any food services provided by ARAMARK shall
meet all current regulations.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the patties agree as follows:
1. SCOPE OF SERVICES
ARAMARK shall operate the Santa Ana Detention Facility commissary, perform inmate
meal preparation, and operate the Code-7 Cafe, as those services are set forth in the RFP,
attached hereto as Exhibit A, and ARAMARK's Technical Proposal for Food Service
Management dated April 29, 2020 ("ARAMARK's Proposal"), the details of which are on file at
the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by
reference to this Agreement.
The CITY shall at its expense provide ARAMARK with adequate preparation kitchen
facilities at the Facility completely equipped and ready to operate, together with such heat,
refrigeration and utilities services as may be reasonably required for the efficient performance of
the Agreement. ARAMARK shall be responsible for long distance telephone service.
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The CITY shall, at its expense, provide ARAMARK with adequate office and storage
facilities at the Facility completely equipped and ready to operate together with such heat, and
utilities services as may be reasonably required for the efficient performance of the Services.
ARAMARK shall be responsible for long distance telephone service. ARAMARK shall
maintain and update such computer hardware and related equipment and software (collectively
"Computer Equipment"), including but not limited to ARAMARK's CORED commissary
management information systems (the "CORE® System") as necessary to support ARAMARK's
commissary operations. ARAMARK shall remove all Computer Equipment upon the expiration
or termination of this Agreement. The CORE@ System is and shall at all times be owned by
ARAMARK, which shall hold all rights relative thereto except as may be expressly granted
hereunder and then only to the extent of such express grant. All use of the CORE® System at the
Facility shall immediately cease upon the expiration or termination of this Agreement.
ARAMARK shall be responsible to support and maintain all Computer Equipment during the
term of this Agreement, but any and all such obligations shall cease upon the termination or
expiration of this Agreement. To the extent that it is necessary for ARAMARK's or the CITY's
employees to be trained to use the CORE® System, ARAMARK shall provide such training,
provided that ARAMARK shall have no other training obligations hereunder.
The CITY shall run such cable and wiring, and shall perform such systems integration, as
necessary to enable the CORE System to support ARAMARK's commissary operations. In the
event the CITY changes any third party vendor whose service interacts with the CORE System
(such as its telephone or internet service provider), any costs associated with CORE System
customization or code changes will be borne by the CITY.
The CITY declines Capital improvements to the food service kitchen and Code-7 Cafe
proposed in ARAMARK's Proposal.
2. COMPENSATION
A. FOOD SERVICE
i. CITY agrees to pay, and ARAMARK agrees to accept as total payment for each
inmate meal served pursuant to this Agreement, a per meal price as specified in
Exhibit B, which excludes sales tax. The total payment by the CITY to
ARAMARK for services for the three-year period, as defined in Section 3, below,
shall not exceed $3,514,950. This amount includes a contingency of $229,950,
for services provided at the sole discretion of the CITY, subject to any per meal
price adjustments under Section 2.A.ii. City will recognize and pay ARAMARK
for services provided during the period from July 1, 2020, to the effective date
noted in Section 3, below. The price per meal in Exhibit B and the "shall not
exceed" amounts herein are based on the CITY's interpretation, upon which
Aramark relies, that California Code of Regulations, Title 15 ("Title 15") does not
require additional dairy, legumes, and whole grain products to be served at the
Facility. If changes to the Facility menu are required under Title 15, ARAMARK
will provide the CITY with the required menu adjustments, and the price per meal
and "shall not exceed" amounts will be increased to account for such menu
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changes. The CITY agrees to indemnify, hold harmless, and pay all costs for the
defense of the ARAMARK, its contractors, subcontractors, agents, employees, or
other persons acting on their behalf, regarding any action by the California
Department of Public Health (CDPH), the California Board of State and
Community Corrections (BSCC), or any other regulating agency to enforce Title
15.
ii. The per meal price may be adjusted, beginning July 1, 2021, and on July 1 of
each subsequent year, by mutual agreement and set forth in an amendment to
this Agreement which shall be subject to approval by the City Council of the
City of Santa Ana. If the parties cannot reach agreement as to a price increase,
unit price shall be increased as further set forth below by the greater of the
(a) yearly percentage change in the Consumer Price Index, All Urban
Consumers, U.S. City Average, Food Away From Home Index ("CPI -FAH"),.
published by the U.S. Department of Labor and (b) the yearly percentage change
in the Market Basket of Products (as defined below) which approximate the
products, served at the facilities covered by this Agreement (the "Client
Menu"). The period for determining CPI -FAIT and Market Basket of Products
increases shall be April t to April 1 of the then -current year (tine "Base Period").
Notwithstanding the foregoing, in no event shall the Yearly increase be ereater
iv
than 5%
The yearly percentage change shall not increase more than five percent. 5% in any _
year. The percentage shall be applied to the then -current per meal price to
determine the price for the subsequent 12-month period, and such unit price shall
be effective oil July 1, 2021, and on July I of each such 12-month period.
ARAMARK shall submit to the CITY on the first day of every week, for the
preceding week, an invoice for inmate meals ordered or served whichever is
greater, and Fresh Favorites meals ordered by inmates. The statements will
reflect the preceding week's food services detailing the exact number of meals
served on a daily basis as follows:
1. Actual number of adult inmate meals
2. Meals provided through the "Fresh Favorites" program
3. Any additional food or beverage services, as required
4. Staff Cafe sales report.
Payment by CITY shall be made within thirty (30) days following receipt of
proper invoice evidencing meals ordered/served, subject to CITY accounting
procedures. Payment shall be sent to:
ARAMARK Correctional Services, LLC
Aramark Chicago Lockbox
27310 Network Place
Chicago, IL, 60673-1273
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B. COMMISSARY SERVICE
ARAMARK shall process orders for commissary products from inmates in accordance
with ARAMARK's standard procedures. The CITY shall be responsible to collect, record and
make disbursements from inmate commissary accounts for purchases of such Products; provided,
however, that ARAMARK shall have access to each inmate account solely for the purpose of
verifying that there are sufficient funds in such account to cover a Product order placed by such
inmate, including but not limited to, any sales, use or other taxes related thereto.
ARAMARK and the CITY shall jointly determine the prices at which Products shall be
sold. If ARAMARK sustains increases in its costs, including but not limited to, increases in its
Product, labor or equipment or software -related costs, ARAMARK may request an increase to its
prices to recover such increased costs. Additionally, ARAMARK may, at its discretion perform
a price audit to compare the prices at which it sells the Products contemplated by this Agreement
with the prices at which similar products are being sold in retail outlets in the surrounding
community ("Comparable Retail Values"). In the event that any of ARAMARK's prices are
below the Comparable Retail Values, the, parties shall mutually agree in writing to increase such
prices under this Agreement to reflect the Comparable Retail Values. ARAMARK shall submit
to the CITY on the first day of every week, for the preceding week, an invoice for total. Gross
Sales of Products made during such week, and other goods or services provided by ARAMARK
during such week, if any. The term "Gross, Sales" shall mean total commissary sales (includine,
but not limited to, sales of tobacco products, stamps and pre -stamped envelopes, pre -paid
telephone calling cards or any other telephone sales, debit cards, and Indigent Product sales) plus
any sales or use taxes. For purposes of this Agreement, a sale shall be deemed made when a
Product ordered by an inmate is delivered to the CITY for subsequent delivery to the inmate, and
the Product is not returned. For purposes of this Agreement, no returns will be honored, unless
the inmate who ordered a Product, refuses delivery of such Product at the time such Product is
delivered, or unless such inmate is released prior to such delivery, and fails to claim such Product
within seventy-two (72) hours after release.
ARAMARK shall forward billing to the Santa Ana Detention Facility. ARAMARK shall
keep a complete and accurate record of all gross sales of merchandise records for a period of at
least one year. ARAMARK shall keep all inmate sales records for at least one year after
termination of this contract. All records and books kept by ARAMARK exclusively related to
invoices reflecting services provided by this Agreement shall be open to inspection and audit of
the CITY and its agents during normal business hours. Such records shall be kept separate and
apart from any record ARAMARK maintains in connection with other business enterprises.
1.
ARAMARK shall return to CITY a total commission of Forty -Five Percent (45%) of Net Sales
of all products from the commissary operations at the Santa Ana Detention Facility, as set forth
in the CITY's RFP and ARAMARK's Proposal. This commission shall exclude all sales of
stamps and pre -stamped envelopes, pre -paid telephone calling cards or any other telephone sales,
debit cards, and Indigent Products. In addition, ARAMARK shall return to the CITY a
commission of 25% for "Fresh Favorites" and "Ware Fresh" net sales. "Net Sales" means total
product sales, less sales or use taxes and authorized returns.
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ARAMARK shall provide a monthly accounting of commissary operations for the previous
month, and shall submit said accounting and a check representing the CITY's potion of Net
Sales to the Santa Ana Jail Administrator.
TERM
a. The term of this Agreement shall commence on October 20, 2020 until June 30, 2023,
unless terminated earlier in accordance with Section 12, below.
b. The CITY shall recognize and compensate Aramark for any services provided by
Aramark to the CITY since July 1, 2020.
c. The parties may amend this Agreement to extend the term and provide additional
compensation for this Agreement, subject to finding and approval of any amendment
by the City Council, for up to two (2) one (1) year extensions with said additional
compensation.
4. INDEPENDENT CONTRACTOR
ARAMARK shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the CITY. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the CITY to exercise discretion or control over the professional manner in which
ARAMARK performs the services which are the subject matter of this Agreement; however, the
services to be provided by ARAMARK shall be provided in a manner consistent with all
applicable standards and regulations governing such services. ARAMARK shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, ARAMARK shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. ARAMARK shall maintain commercial
general liability insurance listing the City, its officers, and employees as
additional insured(s) and which shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising
out of ARAMARK's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not
less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total
amount of $ t,000,000 per occurrence, with $2,000,000 in the aggregate. Such
insurance shall (a) name the CITY, its officers and employees as additional
insured(s); (b) be primary and not contributory with respect to insurance or self-
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insurance programs maintained by the CITY; and (c) contain standard separation
of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, ARAMARK is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, ARAMARK agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
d. If Aramark is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single
limit of not less than $1,000,000 per occurrence.
e. The following requirements apply to the insurance to be provided by ARAMARK
pursuant to this section:
i. ARAMARK shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished. to the CITY upon execution of
this Agreement and shall be approved in form by the CITY.
iii. Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the CITY.
iv. Aramark shall supply City with a blanket additional insured endorsement.
f. If ARAMARK fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to 'furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the
right, at the CITY's election, to forthwith terminate this Agreement. Such
termination shall not affect ARAMARK's right to be paid for its time and
materials expended prior to notification of termination. ARAMARK agrees to
indemnify the CITY, as set forth in Section 6 below, for any work performed
prior to approval of insurance by the CITY.
6. INDEMNIFICATION
ARAMARK agrees to and shall indemnify and hold harmless the CITY, its officers,
agents, employees, and representatives from liability for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for bodily injury,
including death, and claims for property damage, which may arise from the negligent acts,
willful misconduct, or omissions of ARAMARK or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf in their performance of the services described
in section I of this Agreement. However, it is expressly understood that ARAMARK shall not
be responsible for damages caused by inmates nor by the acts or omissions of the CITY, its
officers, agents or employees. Neither any of the CITY's officers, employees, agents, servants
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or contractors, nor any inmates, are or will be deemed to be agents or employees of ARAMARK
and no liability is or will be incurred by ARAMARK to such persons, except for bodily injury to
such persons caused by ARAMARK's negligence or intentional acts. ARAMARK further agrees
to indemnify, hold harmless, and pay all costs for the defense of the CITY, regarding any action
by a third party asserting that personal injury, damages, just compensation, restitution, ;judicial
or equitable relief due to personal or property rights arises out of claims for bodily injury,
including death, and claims for property damage, which may arise from the negligent acts,
willful misconduct, or omissions of ARAMARK or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf in their performance of the services described
in section 1 of this Agreement. CITY may make all reasonable decisions with respect to its
representation in any legal proceeding. The CITY shall promptly notify ARAMARK of any
claim for which indemnity is sought, and shall cooperate with ARAMARK in the investigation
and defense of such claim. ARAMARK shall have the sole discretion to defend and settle such
claim.
CONFIDENTIALITY
If either party receives from the other party information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, the receiving party
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its own
information of like importance, but in no event less than reasonable care. "Confidential
Information" shall include all nonpublic information. Confidential information includes not only
written information, but also information transferred orally, visually, electronically, or by other
means. Confidential inf'onnation disclosed to either party by any subsidiary and/or agent of the
other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c)
is in rightful possession of the receiving party without an obligation of confidentiality; (d) is
required to be disclosed by operation of law; or (e) is independently developed by the receiving
party without reference to information disclosed by the other party.
8. CONFLICT OF INTEREST CLAUSE
ARAMARK covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services specified
under this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
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To CITY: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:(714) 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1988
Santa Ana, California 92702
Fax: (714) 245-8007
To ARAMARK: ARAMARK Correctional Services, LLC
2400 Market Street
Philadelphia, PA 19103
Attn: Vice President, Finance
And Associate General Counsel
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, CITY or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
a. This Agreement represents the complete and exclusive statement between the CITY
and ARAMARK, and supersedes any and all other agreements, oral or written,
between the parties. In the event of a conflict between the terms of this Agreement .
and any exhibits hereto, or documents incorporated by reference hereto, the terms of
this Agreement shall prevail. In the event of a conflict between the RFP and
ARAMARK's Proposal, ARAMARK's Proposal shall control.
b. This Agreement may not be modified except by written instrument signed by the
CffY and by an authorized representative of ARAMARK. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate
ARAMARK nor the CITY. Each party to this Agreement acknowledges that no
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representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied
herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
ARAMARK, ARAMARK may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the CITY and any such assignment, transfer, delegation or
subcontract without the CITY's prior written consent shall be considered null and void.
12. TERMINATION
This Agreement may be terminated without cause by the CITY or by ARAMARK upon
ninety (90) days written notice of termination to the other party. In such event, ARAMARK shall
be entitled to receive and the CITY shall pay ARAMARK compensation for all services performed
by ARAMARK prior to receipt of such notice of termination, subject to the following conditions:
Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. NON-DISCRIMINATION
ARAMARK shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. ARAMARK affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that any lawsuit in connection with or by reason of this Agreement may be brought or
removed, as appropriate, in the state or federal courts for Orange County, California.
15. PROFESSIONAL LICENSES
ARAMARK shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. ARAMARK shall notify CITY
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immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. PERSONNEL
The CITY acknowledges that ARAMARK has invested considerable time and money in
training its supervisory employees in systems, procedures, methods, techniques and other
valuable information which is proprietary and unique to ARAMARK's manner of conducting
business. Therefore, the CITY agrees that it will not hire supervisory employees of
ARAMARK, working at the Santa Ana Detention Facility during the tern of this Agreement and
for twelve months after its termination.
17. MATERIAL ADVERSE CHANGE
The financial arrangements in this Agreement are based on conditions existing as of the
Effective Date including any representations regarding existing and future conditions trade by
CITY in connection with the negotiation and execution of this Agreement. If such conditions
change due to causes beyond ARAMARK's control, including, but not limited to, a change in the
scope of ARAMARK's services; menu changes; a decrease in the Facility's inmate population;
efforts to organize labor; changes to wage and/or benefit rates pursuant to any federal, state or
focal law or regulation or determination by a governmental entity; increases in food, fuel,
equipment, utilities and supply costs; Federal, State and local sales, and other taxes and other
operation costs; a change in Federal, State and local standards, requirements recommendations,
and regulations including any applicable Child Nutrition Programs; changes in phone service
providers or a change in the way phone service is sold to inmates; or other unforeseen external
market conditions outside ARAMARK's control, then ARAMARK shall give CITY written
notice of such increase or change, and within thirty (30) calendar days after such notice,
ARAMARK and CITY shall mutually agree upon modification(s) to offset the impact of the
increase or change, which modifications may include any or a combination of the following: an
adjustment to ARAMARK's price per meal or commission, modifications to the menu or
Product offerings, changes to Product pricing or modifications to ARAMARK's scope of
services.
18. PHONE SERVICE PROVIDERS
In the event that there is a change in the phone service provider used at the Facility or in
the process by which phone cards or phone time is sold to inmates, the CITY shall be responsible
for the cost or shall cause the phone service provider to be responsible for the cost of the
following: (1) any software development required by the change; (2) system integration; (3) use
of ARAMARK hardware and software to sell phone service; and (4) any other cost incurred by
ARAMARK, including but not limited to increased costs for labor, handling, and reporting.
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19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Tamara Bogosian
Senior Assistant City Attorney
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
ARAMARK CORRECTIONAL
SERVICES, LLC
D.c.61gn.dby:
By: �—
Title: VP Finance
l0/7/2020
II
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EXHIBIT 1
SCOPE OF SERVICES
The Santa Ana Police Department and Jail Facility food services program have three (3) different
needs. Accordingly, this RFP is organized into three (3) separate and distinct parts.
1. Inmate meal preparation. This portion is described in Section III of this RFP
2. Operation of staff cafeteria (Code 7 Cafe). This portion is described in Section IV of this
RFP.
3. Operation of inmate commissary program. This portion is described in Section V of this
RFP.
I. QUALIFICATIONS OF PROPOSER
A. To be considered for award of this contract(s), proposer(s) must meet the following minimum
qualifications:
1. Inmate Meal Preparation (Section III) and Code-7 Cafe (Section IV)
a. The proposer must be organized for the purpose of providing institutional and/or
high volume food service, and must have at a minimum five (5) years previous
experience with proven effectiveness in administering similar scale food service
programs. For inmate meal preparation, the proposer must be organized for and
have experience in providing correctional food service. Contractors shall provide
documentation of a successful, long term operation of a cook -chill food preparation
system, including accompanying statements outlining the specific operation of that
system.
b. The vendor(s) must have a proven ability for contract start-up by July 1, 2020 and
provide City of Santa Ana business license upon request.
G. The vendor(s) must have qualified and well -trained staff with sufficient backup
personnel, the manager assigned must have two (2) years' experience at
minimum. For the corrections portions, the same qualifications apply, but
experience must be in correctional facility feeding and cook -chill production
systems.
2. Inmate Commissary Service (Section V)
a. Proposer must be organized for the purpose of providing inmate commissary
services. Proposer must, at minimum, have five (5) years' previous experience
with proven effectiveness in administering traditional order form commissary.
b. The vendor(s) must have a proven ability for contract start-up by July 1, 2020 and
provide City of Santa Ana business license upon request.
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C. The vendor(s) must have qualified and well -trained staff with sufficient backup
personnel, and manager assigned must have at minimum (2) years' experience.
II. FORMAT OF PROPOSALS
Proposers must submit proposals for all of the parts of this RFP. Partial proposals will not be
entertained.
III. INMATE MEAL PREPARATION
A. INMATE MEALS
1. The Santa Ana Jail Facility is a 502-bed Type II adult jail operating under the principals of
Direct Supervision. The facility began operations in early.January 1997. The facility is a
24-hour booking facility. It houses both sentenced and non -sentenced inmates, including
federal inmates. It shall require all therapeutic and religious diets as well as bagged.
lunches for courts and intake. The Santa Ana Jail Facility kitchen is a 3000 sq. ft. fully
equipped cook -chill facility, which includes a 468 sq. ft. bakery, a cart cleaning area, and a
dishwashing room.
a. The kitchen shall be operated using the cook -chill system as completely as
possible to prepare inmate meals.
b. Fresh -baked items shall be offered on a regular basis.
G. Inmate meals shall be packaged into two, three -compartment trays; one for hot
items, and one for cold items.
d. The food production program shall be operated for a maximum of eight hours per
day, five days per week. The final meal assembly, re-thermalization, cart loading,
meal delivery, ware washing, and cleaning and sanitizing of carts and kitchen
spaces shall be operated seven days per week on a schedule which satisfies all
meal delivery requirements.
2. Food Services shall be operated in such a way that it meets or exceeds California
Corrections Standards Authority Code of Regulations, Title 15 standards, the
Recommended Dietary Allowances (RDA) of the National Academy of Sciences and all
other applicable rules and regulations.
3. A minimum of two hot meals shall be served Per day using the two -tray system as
previously described. Lunch may be cold and either packed in the trays or in disposable
packages. Serviceware shall be disposable spoons.
4. Contractor shall utilize the kitchen facility for preparation of various hot food items offered
through the commissary operation as special offer items.
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B. FOOD SUPPLIES
1. Contractor shall be responsible for purchasing and receiving all food, beverages, and food
supplies necessary for the preparation of meals in sufficient quantity to meet the needs of
the jail during the life of the contract. The term "food supplies" is meant to include all
condiments, seasonings, spices and other ingredients necessary to fulfill the needs of the
jail. Food and food supply inventories purchased by the Contractor are the property of the
Contractor and the Contractor shall be responsible for any loss, damage, or spoilage.
2. Contractor shall be responsible for ensuring that the correct merchandise is ordered and
received regarding quantity and quality. Deliveries shall be made to correspond with the
Santa Ana Police Department receiving dock schedule.
a. The Santa Ana Police Department Property and Evidence Supervisor shall require
advance notification of all deliveries. The Contractor shall have personnel on duty
to receive, move and store all deliveries.
3. Contractor shall maintain sufficient stocks of food and food, supplies necessary to prepare
various therapeutic meals including but not limited to: diabetic, low cholesterol, low sodium,
low -fat, mechanical soft, gastric soft, and all liquid diets.
4. Contractor shall be prepared to serve various religious meals including, but not limited to:
pork free, vegetarian, and kosher.
5. Contractor shall be responsible for maintaining food stocks in compliance with Orange
County Health Department standards, California Corrections Standards Authority, Code of
Regulations Title 15, any other applicable state, local, and federal laws and regulations,
and the requirements of this,RFP.
C. FOOD PURCHASE AND STORAGE
1. The proposal must reflect minimum purchasing standards to be used by the Contractor in
the purchase of all food supplies. The minimum standards are as follows:
a. Beef, veal, pork, and Iamb shall be of at least USDA Good. The fat and/or soy
content of all ground meat products cannot be in excess of 20 and 6 percent
respectively. All breaded products must have a product weight of no less than 3
ounces before breading.
b. Poultry shall be at least USDA Grade B. Chicken quarters can be no less than 8
ounces raw weight. Legs or thighs must be 6 ounces minimum raw weight. All
breaded products must have a product weight of no less than 3 ounces before
breading.
C. Canned fruits and vegetables shall be at least USDA Grade B.
d. Frozen fruits and vegetables shall be at least USDA Grade B.
e. Fresh produce shall be at least USDA No. 2. Some minimum counts are as
follows:
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Apples
138
Oranges
138
Bananas
3-4 (petit)
Pears
90-100
The Contractor may serve comparable portions of other fresh fruits.
g. Dairy products shall be of least USDA Grade A. Butter may be substituted for
margarine when it is a commodity item. 1 % or 2% fresh milk fortified with vitamins
A and D shall be served as a beverage. Dry/powdered milk may be used in
cooking/baking only.
h. Eggs shall be at least USDA Grade B Medium.
If available, fresh fish and seafood are preferred. Frozen fish and seafood must
be a nationally distributed brand, packed under continuous government inspection.
All breaded products must have a product weight of no less than 3 ounces before
breading.
Bakery products - A minimum of 60 percent whole grain products must be used.
Day -old breads may be purchased but must be used within 48 hours or frozen until
the time of use.
k. Contractor shall not purchase "second market' and/or distressed food items.
Contractor must provide for the correct handling, prompt storage and
rotation/issue of food items purchased for use in the facility. Products
which have been frozen in excess of one year and/or are past the
manufacturers/processors established or implied pull/freshness
expiration date may not be served.
Contractor must provide a statement as to how often a physical inventory
of non -processed food and supply items will be taken. The method for
conducting the inventory and the disposition of data collected must be
explained in full detail.
D. FOOD SERVICE EQUIPMENT AND PERIPHERAL SUPPLIES
1. Contractor shall have full operational understanding of all City -owned food service related
equipment in carrying out the requirements of the contract. This equipment includes:
• Walk-in refrigerators
• Walk-in freezer
• Food disposer
• Mixer
• Refrigerator
• Food processor
• Slicer
• Mixer
• Steamer
(3, each 133 sgft, 138 sgft and 396
sqft respectively)
(268 sgft)
(5HP)
(Bench type, 20gt)
(46 cuft)
(1 HP)
(1/3 HP)
(Floor standing, 60gt)
(2 compartment, holds 16 12"x20"
pans)
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• Kettle
(2, 60 gal. each)
• Convention oven
(5 rack)
• Blast chiller
(26 UN20" pan capacity)
• Braising pan
(2, 40-al. each)
• Retherm ovens
(4, 16 pans capacity each)
• Ice maker
(751b per hour)
• Beverage vat
(100gal.)
• Coffee maker
(50 gal. Per hour)
• Tray conveyor
(50gal. per hour)
Bake shop equipment includes
• Stove
(36" wide, 4 burner)
• Rack oven
(20 18"x26" pan capacity)
• Kettle
(25ga1.)
• Mixer
(Floor standing, 60/30gtwith
bakery accessories)
• Disposer
(5HP)
• Refrigerator
(95sgft)
• Freezer
(48sgft)
Dishwashing room equipment includes:
• Disposer (5HP)
• Dishwasher (Booster heater, 80 rack per hour
rate)
• Tray washer (Booster heater, 630 tray per hour
rate)
2. The Contractor shall provide, at its own expense, quarterly preventative maintenance and
repair contracts on all equipment under its direct control. This shall include all equipment
listed above with the exception of the walk-in refrigerators and walk-in freezers. Such
contracts can be provided by the Contractor itself, or by reputable companies generally
known to have such an expertise.
3. In its proposal, the Contractor must submit to the City a plan as to how this requirement
will be met. The cost for this service must be clearly identified within the separate, cost
proposal under the Controllable Expenses category. Contractor is to keep a separate
record on maintenance and repairs for each piece of equipment and provide a written report
and relevant documentation at least quarterly as to what preventative maintenance/repairs
have been performed on each piece of equipment.
4. Given proof of adequate maintenance, the City will replace equipment it has provided as it
deems necessary, considering the average life of the equipment as determined by the
manufacturer as well as any extraordinary circumstances.
5. Contractor and the City shall jointly inventory, at least annually, all capital equipment and
City owned serviceware under the Contractor's direct control. As part of this inventory, a
general assessment as to the condition and expected useful life of each item will be made.
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6. Contractor shall be liable for the replacement cost for all unaccounted items. A separate
list of all Contractor supplied equipment must be maintained and submitted to the City semi-
annually.
7. Equivalent quality replacements for kitchen, bakery and dishwashing serviceware shall be
provided by the Contractor without cost to the City. Replacement items shall become
property of the City.
E. INVENTORY
Prior to implementation of the contract, a complete inventory of all Food Service equipment
currently in place will be taken by Contractor, this shall include and inventory of smallwares.
Upon termination of the contract, the Contractor shall be responsible to return the Food
Service equipment and smallwares to the City in equal or better condition than when the
Contract began. Maintaining the smallware inventory levels will be the responsibility of the
Contractor, at no cost to the City.
2. The Contractor shall provide all consumable supplies and food products which are required
for food service operation, including paper, Styrofoam products, and cleaning supplies. All
such purchases shall be in the Contractor's name, but may be delivered to the SAPID
receiving dock.
CLEANING AND SANITATION
1. On a continuous basis, the Contractor shall clean all kitchen, bakery, and dishwashing
equipment and serviceware, including grease hoods, grease traps and floor pans. All items
shall be cleaned in accordance with all applicable federal, state, and local laws and
ordinances regarding health sanitation and safety. This includes steam cleaning of hood
ventilation and stack systems bi-annually at Contractor's expense.
2. Contractor shall provide all equipment, supplies, and linens necessary to perform all
cleaning and sanitation functions. Contractor shall supply hand soap, paper towels and
toilet tissue for all kitchen staff restrooms and hand washing, sinks in the kitchen, bakery
and dishwashing areas.
3. Contractor shall sweep and mop all floors, clean all counters, sinks and food preparation
areas, and remove all trash and garbage from the kitchen to the appropriate dumpster
daily. City shall be responsible for regular garbage pick-up from the dumpster only.
4. Contractor.shall provide all pest (insect and vermin) control services for the kitchen, bakery
and dishwashing room. Pest control services must be provided by a properly licensed pest
control service, and conducted monthly. Proof and description of each service shall be
forwarded to the Jail Administrator within 24 hours of completion of service.
G. BUILDING MAINTENANCE
City shall maintain and repair building structures in the kitchen, bake shop, and dishwashing
room. Painting shall be included as part of building maintenance.
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of
such direction, in accordance with sound industrial practices, to safeguard and protect City
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property and adjacent property. Damages to properties caued by Contractor's negligence shall
be repaired at no cost (both labor and material) to the City.
Contractor shall provide City a full report of damage to City property and/or equipment by
Contractor's employees, All damage reports shall be submitted to the Jail Administrator within
twenty-four (24) hours of occurrence.
H. UTILITIES/NETWORK
When the kitchen is not in use or when food preparation is at a minimum, Contractor will
assume maximum utility/energy cost conservation by turning off or down lights, fans, water,
ovens, steam equipment and other energy consuming items. Contractor shall be responsible
for turning off all non -essential equipment when an area is not in use.
1. City shall provide, at its own expense, all utilities necessary for the performance of food
service operations. The City cannot guarantee an uninterrupted supply of water, electricity,
gas heat, air conditioning or telephone service. The City shall, however, be diligent in
restoring service following an interruption.
2. A telephone line shall be provided without charge
3. Access to a networking framework shall be provided without charge. Contractor shall be
responsible to provide, at its own expense, all computers, servers, switches, software,
internet service, and related peripherals and equipment as necessary to effectively
perform all duties contracted. City network responsibility is limited to permitting access to
and use of preexisting infrastructure such as service provider boxes, IT closets, and
existing wiring that reaches the kitchen office. Contractor will install all their own
equipment and establish their own internet service, City is not requiring them to pull new
cabling.
STAFFING
Contractor shall provide a full-time on -site manager having correctional food service
knowledge and cook -chill experience, who is capable of managing and directing the total
administrative requirement for a quality, nutritionally correct food service operation. The
Contractor shall provide job profiles and resumes for the individual who will be considered
for this position. An interview with the proposed manager shall be required prior to award
of this contract. --
2. Contractor shall provide sufficient, qualified staff to maintain food service operations for
three meals each day of the year. The Contractor shall commit to specific staffing levels
at the facility, and maintain those levels throughout the life of the contract. Under no
circumstances may any post be left vacant for longer than fourteen (14) calendar days.
3. Contractor's employees at the jail facility shall submit to. annual health examinations,
including testing for tuberculosis, at the Contractor's expense, and agree to submit
satisfactory evidence of compliance with all health regulations to the City upon request.
All employees of the Contractor must undergo a pre -employment physical examination at
the Contractor's expense and be approved by the City prior to being allowed to work in
the facility. The initial pre -employment physical examination shall include testing for
tuberculosis. All employees of the Contractor shall be obligated to adhere to all City
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5. Contractor shall provide on -going, in-service training for its food service employees,
including safety training. The Contractor shall put in practice an effective safety program
to minimize the risk of injury to personnel.
6. Contractor shall provide a plan to ensure that vacant positions are filled with staff qualified
to assume those positions. This plan shall also address overtime for employees. At no
time, shall one person work more than two consecutive shifts.
7. For the purpose of calculating the actual hours provided on site during the month, the
Contractor shall provide a time clock system which shall be used to substantiate
employee's actual on -site work.
8. Contractor's employees, including management, shall be properly attired in a standard
uniform. Contractor's employees must be clean and neat at all times. Hair restraints (hats
or nets) and plastic gloves (when handling food) must be supplied and worn by all food
service employees in the kitchen, bakery, and dishwashing areas.
9. City may require Contractor to immediately remove any of its employees from the City's
premises for any reason sufficient to the City. Any and all such removals shall be made
in the name of the Contractor and therefore the Contractor will assume the responsibility
for the removal.
a. Contractor shall notify the Jail Administrator in writing whenever any employee
servicing the facility has been terminated, permanently transferred or newly hired
within 24 hours of the action.
10. City shall not reimburse the Contractor or Contractor's employees for any costs arising
from or associated with vehicle parking.
J. MENU
All menus must be submitted to the City for approval prior to use and shall adhere to the
California Corrections Standards Authority, Title 15 menu standards for Type II adult
facilities with an onsite kitchen and a population of over 100 inmates. The menu shall be:
a. Planned and written one month in advance.
b. Planned to provide a variety of foods, thus preventing repetitive meals.
c. Approved by the Contractor's registered dietician prior to implementation.
d. Evaluated annually by the Contractor's registered dietician.
e. Have changes in planned menus noted on worksheets that clearly show exactly what
items and exactly what quantities were served.
2. Each proposal shall contain a sample 28-day rotational menu in which every meal meets
the nutritional and portioning requirements of California Corrections Standards Authority,
Code of Regulations, Title 15 standards for Type II adult facilities. Menus submitted shall
include all condiments and shall indicate calories per meal as well as a complete nutritional
analysis and be signed by the Contractor's registered dietician.
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3. The female inmate menu shall be designed to incorporate the California Corrections
Standards Authority, Code of Regulations, Title 15 standards for milk consumption for
pregnant or lactating women.
4. The following items must be considered in all menu planning, food selection, and meal
preparation:
a. The ethnic demographic of the facility is 75% Hispanic, followed by African American,
Caucasian, Asian and "all others", in descending order. The menu should reflect the
ethnic; cultural and regional dietary preferences of the facility.
b. Food items within the meat, vegetable, fruit and dessert groups must be varied within
the week and not repeated on the same days each week.
c. Aesthetic values, i.e. variety of foods and food preparation methods, color
combinations, textures, sizes and shapes, taste and appearance.
d. Seasonal availability of foods.
e. Food preparation methods shall include baking, broiling and boiling in preference to
those methods which add extra fats and oils, such as frying. Spices, herbs and
garnishes shall be used to enhance the taste and improve the visual appeal of meals.
f. Contractor shall include within its proposal sample holiday menus designed for
Easter, 4th of July, Thanksgiving Day, and Christmas Day using foods traditionally
associated with each holiday.
g. Contractor shall include within its proposal sample religious menus; including menus
that are pork -free, vegetarian, and kosher.
h. The Support Services Police Administrative Manager must approve religious diets
and requests will be submitted in writing to the Programs Supervisor. Diets must be
simple and conform as closely as possible to the food served to other inmates.
5. Vegetarian diets must be provided to all inmates who request them.
a. Therapeutic or restricted diets must be available upon medical authorization. Specific
diets must be prepared and served to inmates according to the orders of the attending
physician or dentist as directed by the responsible health authority official. Medical
diets verified by the Contractor's dietician must be specific and complete and will be
furnished in writing to the Contractor. Restricted diets must conform as closely as
possible to the food served to other inmates.
b. Menus must be reviewed and certified by a registered dietician and adjusted for age,
sex and activity according to the Recommended Dietary Allowances (RDA) stated by
the national Academy of Sciences. In addition, the menus must conform as closely
as possible to the United States Department of Agriculture (SDA) guidelines relative
to the amount of fat, cholesterol, sodium and dietary fiber. Contractor must provide
to the City written certification of this review for each cycle menu prior to
implementation.
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C. All food portion sizes shall reflect cooked measurements. Meat portions in casserole
or combination dishes must be listed. The contents for all sack meals must also be
clearly indicated by item and weight. All portions must be listed on the menus which
are submitted in the Proposal response. They must include the number and portion
sizes of condiment packages.
K. KITCHEN OPERATION
Kitchen Operation Plan
Proposer shall submit within its proposal a kitchen operation plan that incorporates the
following features at minimum:
a. Food production operating five (5) days per week, one (1) shift per day.
b. Contractor's proposed plan shall utilize the cook -chill system as completely as
possible to prepare inmate meals.
c. Operating seven (7) days per week for traying, rethermalization, ware washing and
cleaning.
d. Contractor's plan to maintain an on -hand supply of meals for inmates admitted with
therapeutic or religious dietary needs until those inmates can be factored into meal
preparation.
2. Food Preparation Requirements
a. All meals must be freshly prepared on -site. Off -site preparation is not acceptable.
b. No outdated/expired products may be used by the Contractor.
c. Contractor shall provide supplemental food service for other operational events as
determined by the City with no less than seventy two (72) hours' notice.
d. A file of tested cook -chill and regular recipes adjusted to a yield appropriate to the
size of the inmate population must be maintained. Evidence must be provided that
there are such recipes to match the proposed cycle menu.
e. Contractor shall maintain hard copies of standard recipe cards in the jail kitchen for
each item to be prepared on the menu cycle as well as soft copies. These cards shall
be utilized by cooks in preparing each meal and shall designate for each item
prepared the cooking procedure, ingredients and quantities required. Recipe cards
shall be made available at any time for the use of the City, or authorized audit or
inspection staff.
Recipes will be provided by the Contractor in advance and must meet the approval
of a licensed American Dietetic Association (ADA) registered dietitian, as defined by
the Commission on Accreditation for Corrections, for nutritional adequacy prior to the
use in the facilities. Any changes in said recipes must also receive prior approval
from said dietician before use.
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g. At all times, the City's Jail Administrator shall approve of all types and/or
specifications of food products, particularly meat items, to be used in meal
preparation.
3. The Contractor will be required to provide food service at no additional cost to the City in
the event of lockdowns, riots, fires, power failure or other events that would cripple the
normal operation of a Jail facility. At a minimum, the Contractor must maintain an on -
premise inventory sufficient to prepare and serve three (3) days of scheduled meals. The
Contractor shall be required to submit a City approved contingency plan which will address
this requirement within thirty (30) days of assuming the contract.
4. Cook -chill
a. The cook -chill system permits food to be prepared, blast chilled and held for service
at a later date. The Contractor must propose and be prepared to implement, a
perpetual inventory system whereby prepared food is always on record and to assure
that it is rotated to prevent any incidence of food poisoning/contamination.
b. If a computer driven food production management software system is to be utilized
for this or any other purpose, it must be so noted. A copy of the proposed computer
program must be submitted within the proposal. All foods in storage must be clearly
identified, dated, and rotated so that no cook -chill prepared food onhand will be over
two weeks old.
c. Log books must be kept to show food products in and out with properly recorded
temperatures. Files must be kept at least one year.
5. Contractor shall implement a check-out/check-in log procedure for sharp utensils in the
facility. The Contractor shall provide and utilize a locked shadow board for the secure
storage and quick inventory of knives, meat forks and other sharp or pointed utensils. The
City reserves the right to enter the kitchen and inventory all such items at its discretion.
Any missing items must be reported to the Shift Commander immediately.
EMERGENCIES
Meals will need to be provided in special situations such as a natural disaster affecting all or a
large part of the community, those situations where emergency personnel are required on -
scene for an extended period of time, or other special occasions as directed by the Jail
Administrator. This shall include providing meals for any personnel involved in responses to
emergencies and other field operations in the community.
M. RIGHTS OF INSPECTION/COMPLAINTS
The City may inspect the kitchen bakery and dishwashing areas at any time for security,
sanitation, food standards, quality of food preparation, Contractor employee performance,
or any other valid reason as determined by the City. After each inspection, the Contractor
will be advised in writing of unsatisfactory conditions for which the Contractor is
responsible. The Contractor shall promptly correct such deficiencies and communicate in
writing within five (5) business days the solution to each problem, when it was corrected,
and what has been done to prevent recurrence of the problem.
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2. All complaints by inmates and staff shall be submitted in writing to the Contractor's
administrator. Complaints, which are valid within the terms of the City's agreement with
the Contractor, will be forwarded in writing to Contractor's management. The Contractor
will have five (5) business days in which to present a written response detailing the solution
to the problem.
N. REPORTS, AUDITS AND ACCOUNTABILITY
1. City has the right to, at any time; inspect the food, meals, food storage areas, and food
preparation areas to ensure that all health and sanitation standards as well as the caloric
values and minimum RDA's are being met. Presentation and taste tests evaluations will
also be undertaken and the City will reject any and all foods that fail to meet its standards.
2. Any inspections by the City, which yield unsatisfactory results, will be provided to the
Contractor in writing for immediate corrective action and documentation by Contractor.
3. City has the right to request and review an audited financial statement of the Contractor
which the Contractor must provide to the City within five (5) days' notification by the City.
Such audited financial statement shall be for the Contractor's most recently completed
fiscal year and such statement must be available to the City no more than four (4) months
following the end of each of the Contractor's fiscal years. Such statement must be
furnished at the Contractor's expense. Any such audits are to be conducted by an
independent Certified Public Accountant or CPA firm.
4. When requested, the Contractor shall furnish personnel to participate in meetings with the
City concerning food service requirements and other operational issues.
5. The Contractor shall process food service complaints from inmates daily and provide
copies of the complaints and resolutions to the City.
6. Quarterly revenue reports shall be submitted to City with revenue -sharing and/or rent
payments.
7. Contractor shall submit an annual report of contracts held with other agencies that are
sources of revenue and for which City facilities are used to operate.This report shall
include, but not be limited to term and amount of contract(s), and City facility used.
0. FOOD SERVICE RECORDS
Contractor shall keep full and accurate records and develop comprehensive reports in
connection with food services provided to the City. Reports shall be developed by the
Contractor in cooperation with the City. A copy of said reports shall be supplied to the Jail
Administrator on a monthly basis by the fifth working day of the subsequent month. In
addition, all such records shall be available for auditing by the City at any time during
regular working hours.
2. Complete and accurate meals served counts shall be taken and recorded at each meal
period through a joint count taken by representative of the Contractor and a representative
of the City. The Contractor shall establish a meal count procedure system acceptable to
the City prior to its implementation. A meal count reconciliation sheet must be submitted
for approval with the Contractor's monthly invoice. Only those meals signed for by a
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representative of the City shall be eligible for payment. The Contractor, in accordance
with City policies, shall maintain accurate records.
3. Any meals incompletely served will be denied payment by the City, and any meals served
late through no fault of the City are subject to denial of payment.
P. The Contractor shall submit, in writing, within 15 days of the end of each fiscal year quarter, a
report of food service activity to include, but not be limited to the following:
A complete accounting of the actual meals served including hot meals, sack lunches,
religious and medical meals and snacks.
2. Detail of all preventative maintenance performed on each piece of equipment including
type of service, date and name of the firm who performed the service.
3. Detail of all repairs performed on each piece of equipment, including who performed the
work and whether or not it was tinder warranty.
4. Copies of all reports and records required to qualify for Federal Surplus Commodities.
5. An assessment of the overall program strengths and weaknesses, as well as
recommendations for improvement in food, service, cost control, or other areas.
Q. PROPOSAL SUBMISSIONS
1. Each proposal must contain an expenses and administrative/management fee proposal
under separate, sealed cover within the primary proposal. Within the cost proposal, the
Contractor must show the cost for each meal period (i.e. breakfast, lunch and dinner
classification) to include all medical/restricted inmate diets and snacks.
2. The per -meal cost proposals prepared by the Contractor must include the following
elements:
a. Labor cost (including all on -site management and staff, benefits and payroll taxes).
b. Food costs.
c. Controllable expenses (all normal day-to-day expenses for operating supplies,
repairs and maintenance, uniforms and other related costs).
d. Administrative/management fee (those costs not associated with the administration
and management of the contract which are not shown in the labor, expenses or
equipment/smallwares categories. This fee is to include the Contractor's profit
margin.)
R. REVENUE SHARING
Proposer should describe its ability to operate the kitchen for revenue generation
purposes in addition to inmate meal preparation for the Santa Ana Jail Facility. Possible
sources of revenue may include food preparation for rest homes, shelters, other law
enforcement agencies, community centers, or any other sources that the Proposer is
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aware of or experienced with. Proposer should detail any prior experience with operating
correctional kitchens for revenue generation as well as its plan and approach to such
operations if awarded a contract. Any current contracts or possible contracts with other
agencies whether public or private, that will be operated on City facilities shall be disclosed
in Proposals.
2. Contractors shall submit a Rent/Revenue Sharing Proposal as part of their Cost
Proposal, containing either a proposed rent or a revenue sharing percentage.
Contractors, at their discretion, may also propose a combination of the two; wherein a
minimum rent along with a revenue sharing percentage is proposed, triggered when
certain revenue thresholds are exceeded.
3. Proposers must indicate what percentage of such revenues, including any that may be
generated through the Cafe an any operations conducted under the resulting agreement
and on City property, it proposes to share with the City; and the amount the Contractor
proposes to pay City for lease of kitchen facilities.
4. Revenue and/or Rent payments shall be made to City on a quarterly basis. A report shall
be included and organized by month, agency, commodity (commissary, number of meals,
commodity, etc.) and revenue earned for each for verification purposes. A soft copy of this
report shall be made available electronically upon City's request.
S. TERMINATION OF CONTRACT
1. The City shall have the right to terminate the contract as follows:
a. Immediately without notice if, for any reason, the Contractor fails to provide
continuous food service for a period in excess of 24 hours.
b. Immediately, if within five (5) calendar days of notice to Contractor, Contractor fails
to correct any serious violation of health, sanitation or safety requirements as
determined by the County Health Agency or other regulatory agency.
c. City reserves the right to terminate for convenience upon 30 days' written notice to
Contractor.
d. Contractor may, after the first one year term of the contract, terminate the contract for
cause with 120 days' written notice to the City.
T. ALTERNATIVES - LIQUIDATED DAMAGES
If, after notice to the Contractor by the City, one or more substantial contract violations
continue to occur, the City shall have the right to require the Contractor to issue monthly
billing credits commensurate with the value lost plus fifty percent (50%) or $2,000,
whichever is greater. Violation of contract requirements by the Contractor may cause City
to lose contracts to house inmates. Such violations may include, but are not limited to the
following:
a. Contractor has failed to prepare all or portions of the meal using the specified recipe,
ingredient amounts proportionate to the number of persons to be served, improper
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preparation and/or rethermalization procedures, improper storage techniques points
for the menu specified.
b. Contractor, through improper or inconsistent supervision, has failed to provide the
specified portions in meals prepared.
c. Contractor has failed to adhere to its minimum purchase specifications resulting in
food potentially not being up to Title 15 standards.
d. Contractor has caused all or portions of a meal to become contaminated.
e. Contractor has failed to deliver the meal specified within 15 minutes of the scheduled
time.
f. Contractor has failed to maintain the kitchen, storage equipment and spaces and all
preparation and service utensils in a clean, sanitary manner resulting in a negative
rating by the OC Health Dept and any audits performed by contracting agencies.
g. The Contractor has failed to prevent any damage to City property, buildings or
equipment.
2. In the event that one or more of the situations have taken place, the City shall direct the
Contractor to issue a credit for up to the full value of the meal plus fifty percent (50%),
times the number of meals involved or $2,000, whichever is greater.
U. CONTRACT REVISION/RENEWAL
1. The City reserves the right to either increase or decrease food service requirements within
the terms of the contract. The cost for the additional services only will be negotiated at
the time the request is made.
2. The City will review price -per -meal cost adjustment requests annually according to the
City fiscal year (July 1 through June 30) after the initial contract term. The Contractor shall
submit price -per -meal cost adjustment requests no later than January 1. The Contractor
must propose and explain the process that will be used to justify the proposed cost
increase on company letterhead based upon the following:
a. The USDA Regional Wholesale Food Price Index (as issued quarterly) and the USDA
Food Index Forecast will be used to justify the increase in food cost.
b. U.S. Department of Labor Regional statistics for labor cost increase in similar job
categories will be used to justify the increase in labor costs. In addition, increases in
tax rates affecting labor cost will be applied.
c. Changes in the City -specified menus, points -of -service, additions or levels of service
provided.
d. A revised cost proposal, including line item descriptions, current pricing, proposed
pricing, and percentage rate increase for each line shall.
3. Contractor must provide in its proposal a not -to -exceed percentage increase in the cost -
per -meal, regardless of the above factors.
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4. City reserves the right to accept or reject any price increases, and to refuse renewal of
contract if price increases are not acceptable. City may or may not approve cost
adjustment requests based on current budgetary factors, reasonableness of cost, or lack
of justification and supporting documentation. City will determine the start date of any
approved cost increases.
V. SECURITY
The following security requirements shall be in effect at all times. Failure to abide by any of
these items by any of these items by any Contractor's employee may result in removal from
the facility and or criminal charges.
1. SECURITY SCREENING
a. All Contractor's personnel to work within the facility must successfully complete a
background investigation conducted by the Santa Ana Police Department before
beginning work. Contractor employees that do not successfully complete the
background investigation shall not be allowed entry into the facility. No less than 45
days before an employee is scheduled to begin work, the Contractor shall submit to
the Chief of Security the following information for each employee to work within the
facility.
• First name, middle name, last name
• Date of birth
• Current residence address
Photocopy of valid government issued photo identification
• Photocopy of valid Social Security card
• Proof of U.S. citizenship or legal work status
b. Contractor shall be notified of any employees that are refused for employment within
the facility. The background investigation requirement shall also apply to employees
who begin at any later date.
G. Decisions of the Santa Ana Police Department are final and are not subject to
arbitration.
2. FACILITY ENTRY
a. All Contractors' employees must enter the facility and check in at the Jail Facility
front desk. A current roster of employees with security clearance will be maintained
at the front desk. Each employee must show a valid, government issued picture
identification prior to entry. If an employee cannot produce proper identification or
their name is not on the security roster they shall be denied admission.
b. When an employee leaves the service of the Contractor, the Contractor shall notify
the Jail Administrator's office within 12 hours.
C. Decisions of the Santa Ana Police Department are final and are not subject to
arbitration. Cost of the background check shall be borne by the City.
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3. EMPLOYEE CONDUCT
a. All Contractors' employees shall wear identical uniforms that clearly designate them
as employees of the contractor at all times while within the facility.
b. All Contractors' employees shall properly wear their facility issued identification
badge at all times while in the facility. Facility issued identification badges shall be
returned to the appropriate facility officer at the end of each employee's workday.
C. Contractor's employees shall never bring wireless devices, alcoholic beverages or
narcotics into the facility. Persons that are under the influence of alcohol or narcotics
or are found to bring in wireless devices shall be denied admittance into the facility.
d. Contractor's employees shall never deliver messages or goods to or from any
inmate. Contractor's employees shall never grant, promise or imply any special item
or privilege to any inmate. Contractor's employees shall inform the appropriate
facility officer of any solicitation by an inmate to break the facility rules.
e. Contractor's employees shall attend Santa Ana Jail training deemed mandatory by
State or Federal regulations. The Contractor shall pay employees for attending
these required courses, where applicable.
f. Contractor's employees shall be informed of the Santa Ana Jail Facility no- hostage
policy, In the event of a disturbance within the facility, all Contractors' employees
shall immediately follow the directives of facility staff.
g. In the event of a dispute between Contractor's staff and facility staff regarding work
procedures, security measures, etc., the Jail Administrator shall have the final
decision.
4. EQUIPMENT SECURITY
a. No food, food service equipment or serviceware shall leave the kitchen, bakery or
dishwashing.area.
b. Missing food, food service equipment or serviceware shall be reported to Shift
Command immediately.
IV. CODE-7 CAFE
Cade-7 Cafe is the sole staff dining area within the Santa Ana Police Department. The Cafe seats 96
persons in a 1600 sqft dining room and has over 600 sgft of food preparation and display space. The
Cafe is equipped with a storage room and a dishwashing area. Total combined weekday staff of the
Santa Ana Police Department and Holding Facility is approximately 200 persons. The Cafe is the only
place within the facility where food may be purchased.
A. FOOD SUPPLIES
1. Contractor shall be responsible for purchasing and receiving all food, beverages, and food
supplies necessary for the preparation of meals in sufficient quantity to meet the needs of
all patrons of the Cafe during the term of the contract. The term "food supplies" is meant
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2. to include all condiments required by Cafe patrons including: salt, pepper, sugar,
sweetener, creamer, ketchup, mustard, mayonnaise, relish, salad dressing, etc. Food and
food supply inventories purchased by the Contractor are the property of the Contractor
and the Contractor shall be responsible for any loss, damage or spoilage.
3. Contractor shall be responsible for ensuring correct merchandise is ordered and received
regarding quantity and quality, and that deliveries are made to correspond with the Santa
Ana Police Department receiving dock schedule. The Santa Ana Police Department
Property and Evidence Supervisor shall require advance notification of all deliveries.
a. Contractor shall ensure that it has personnel on duty to receive, move, and store all
deliveries.
b. Contractor shall be responsible for maintaining food stocks in compliance with
California and Orange County Health Department standards, the California uniform
Retail Food Facilities Law and the requirements of this RFP.
B. FOOD SERVICE EQUIPMENT AND PERIPHERAL SUPPLIES
1. Contractor shall have full use of Cafe food service equipment owned by the City in carrying
out the requirements of this RFP. Cafe food service equipment includes:
• Deep Fryer (2 baskets, counter top type, 11" x 12" frying area)
• Refrigerator (46cuft)
• Freezer(233 tuft)
• Radiant Broiler (24" wide, 4 burner)
• Griddle (36N22" cook top)
• Sandwich Preparation Unit (48" wide, 11 tuft refrigerator in base, surface has 8
• covered ingredient bins and an integrated cutting surface)
• Tray rack (Wheeled under counter type, holds fifteen 18"x26" trays)
• Dishwasher (203 racks per hour capacity)
• Food Disposer (5 HP)
• Iced Tea Brewer/Dispenser (3 gallon capacity)
• Ice Dispenser (1501b capacity)
• Coffee Maker
• Hot Food Unit (2, one has capacity for four 12" x 20" pans, the other can hold
two 12" x 20" pans)
• Heat Lamp (60" long, 1400 watt)
• Refrigerated Merchandiser (46cuft 2 glass doors)
• Salad Bar (32" x 68", breath guard)
• Refrigerated Cold Pan (2, one has capacity for four 12" x 20" pans. The other
can hold three 12" x 20" pans)
• Condiment Dispenser (2, each are ice cooled and have 4 thirty ounce condiment
containers)
2. Contractor shall provide, at its own expense, preventative maintenance and repair
contracts on all equipment under its direct control. Such contracts can be provided by
the Contractor itself, or by reputable companies generally known to have such an
expertise.
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a. In its proposal, the Contractor must submit to a plan as to how this requirement will
be met. The cost for this service must be clearly identified within the separate,
sealed cost proposal under the Controllable Expenses category. Contractor is to
keep a separate record on maintenance and repairs for each piece of equipment
and to provide a written report and relevant documentation at least quarterly as to
what preventative maintenance/repairs have been performed on each piece of
equipment.
b. Given proof of adequate maintenance, the City will replace equipment it has
provided as it deems necessary, considering the average life of equipment as
determined by the manufacturer as well as any extraordinary circumstances.
C. Contractor shall, at its own expense, repair any equipment that is damaged due to
the negligence of its employees.
d. The Contractor shall furnish all serviceware and accessories necessary to operate
the cafe. "Serviceware" includes but is not limited to: Pots, pans, cooking and eating
utensils, plates, trays, beverage containers, measuring utensils and containers, etc.
All serviceware and accessories purchased by the Contractor shall remain the
property of the Contractor and the Contractor shall be responsible for any loss
incurred.
e. Contractor shall furnish utensils, napkins, straws and any other accessories
necessary to Cafe patrons.
C. INVENTORY
The Contractor and the City shall jointly inventory all Cafe equipment and city -owned
serviceware under the Contractor's direct control at least twice yearly.
2. Prior to start-up of services, the Contractor and the City shall conduct a complete
inventory of all Cafe equipment and record the condition of said equipment. The results
of this inventory shall be kept on file with the Santa Ana Police Department Property and
Facilities Manager with copies retained by the Contractor.
D. BUILDING MAINTENANCE AND JANITORIAL
The City shall maintain and repair building structures in the Cafe. Painting shall be
included as part of building maintenance.
2. The Contractor shall be responsible for daily thorough cleaning of all trays, plates,
beverages containers, cooking and eating utensils, cooking and preparation equipment
and surfaces, refrigerators, freezers, soiled plate return area, and storage and washing
areas. All cleaning shall be conducted in accordance with all federal, state and local laws
and ordinances regarding health, sanitation and safety.
a. During the hours of Cafe operation, the Contractor shall empty trash cans and
dispose of trash as necessary, clean soiled tabletops, seats and booths and mop
spills.
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b. The Contractor shall provide all equipment and supplies necessary to perform all
Contractors' cleaning and sanitation functions.
C. After-hours: City will provide janitorial services for the Cafe dining area.
Contractor shall take all reasonable precautions, as directed by the City, or in the
absence of such direction, in accordance with sound industrial practices, to
safeguard and protect City property and adjacent property. Damages to properties
caued by Contractor's negligence shall be repaired at no cost (both labor and
material) to the City.
e. Contractor shall provide City a full report of damage to City property and/or
equipment by Contractor's employees. All damage reports shall be submitted to the
Jail Administrator within twenty-four (24) hours of occurrence.
E. UTILITIES/NETWORK
When the kitchen is not in use or when food preparation is at a minimum, Contractor will assume
maximum utility/energy cost conservation by turning off or down fans, water, ovens, steam
equipment and other energy consuming items. The Contractor shall be responsible for turning
off all non -essential equipment when an area is not in use.
1. The City shall provide, at its own expense, all utilities necessary for the performance of
cafe operations. The City cannot guarantee and uninterrupted supply of water, electricity,
gas heat, air conditioning or telephone service. The City shall, however, be diligent in
restoring service following an interruption.
2. A telephone line shall be provided without charge.
3. Access to a networking framework shall be provided without charge. The Contractor
shall be responsible to provide, at its own expense, all computers, servers, switches,
software, internet service, and related peripherals and equipment as necessary to
effectively perform all duties contracted. City network responsibility is limited to
permitting access to and use of preexisting infrastructure such as service provider
boxes, IT closets, and existing wiring that reaches the kitchen office. Contractor will
install all their own equipment and establish their own internet service, City is not
requiring them to pull new cabling.
F. PROVISION OF LINENS AND UNIFORMS
Contractor shall be responsible for providing linens and uniforms for Contractor's staff use.
Contractor's personnel shall be required to wear identical uniforms that clearly distinguish them
as Cafe staff.
G. CAFE OPERATIONS
1. Minimum staffing hours of the Cafe shall be from 10:30 a.m. until 2:00 p.m., Monday
through Friday, excluding City holidays. Contractor shall adequately staff the Cafe to
provide service during these minimum hours of operation. If the Contractor wishes, it may
extend the hours and days of operation of the Cafe.
2Contractor shall provide a ten (10) day rot tional I nch menu including bo hot and cold
.RFP No. 20-025 entrees anGcW99g8(4lfoeil9�rY�%PtsS l��f�6�t�e�j9dns4@Rgllreafe and su 004W& y
the daily availability of a salad bar, beverages, desserts, burgers, sandwiches, chips,
fruit, and any other items that Bit 8EraQ91 selects which may be freshly made at the
DocuSign Envelope ID: B179CB9D-63DF-4515-84DD-BBE33348E947 ...
Nt CITY OF SANTA ANA
Cafe or freshly packaged. A sample 10-day menu with pricing shall be included in
Proposal.
3. The Contractor shall furnish its own cash register and shall be responsible for posting all
food menus and prices daily.
H. REPORTS AUDITS AND ACCOUNTABILITY
Proposals should include samples of the following Contractor reports to the Santa Ana Jail
Support Services Manager, as well as any other reports that may be useful.
1. Monthly accountability reports must indicate sales totals, itemized expenditures, and
commission due the City.
2. Monthly inspection reports must detail the condition of Cafe equipment, any service or
maintenance performed, and repairs needed to Cafe equipment.
I. PROPOSAL SUBMISSIONS
1. As part of their proposal, each Proposer shall submit a sample ten (10) day rotational
menu of hot and cold entrees as well as a menu of daily items proposed to be offered
and pricing for each rotational and daily item.
2. Payment to both the City and the Contractor shall be in the form of a percentage of the
Cafe's net profit each month for the period of the contract. Each proposer shall include
with their proposal, the percentage of the Cafe's net profit that will be paid to the City
each month during the period of the contract.
J. SECURITY
The following security requirements shall be in effect at all times. Failure to abide by any of
these items by any Contractor's employee may result in removal from the facility and or criminal
charges.
1. SECURITY SCREENING
a. All of the Contractor's personnel to work within the facility must successfully
complete a background investigation conducted by the Santa Ana Police
Department before beginning work. Contractor's employees that do not successfully
complete the background investigation shall not be allowed entry into the facility. No
less than 45 days before an employee schedule to begin work, the Contractor shall
Submit to the Chief of Police the following information for each employee to work
within the facility:
• First name, middle name, last name
• Date of birth
• Current residence address
• Photocopy of valid government issued photo identification
• Photocopy of valid Social Security card
• Proof of U.S. citizenship or legal work status
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b. Contractor shall be notified of any employees that are refused for employment within
the facility. The background investigation requirement shall also apply to employees
who begin at a later date.
c. Decisions of the Santa Ana Police Department are final and are not subject to
arbitration. Cost for background check shall be borne by the City.
2. FACILITY ENTRY
a. All Contractors' employees must enter the facility and check in at the Jail Facility
front desk. A current roster of employees with security clearance will be maintained
at the front desk. Each employee must show a valid, government issued picture
identification prior to entry. If an employee cannot produce proper identification or
their name is not on the security roster they shall be denied admission.
When an employee leaves the service of the Contractor, the Contractor shall notify
the office of the Chief of Police within 12 hours.
c. Decisions of the Santa Ana Police Department are final and are not subject to
arbitration.
3. EMPLOYEE CONDUCT
a. All Contractors' employees shall wear identical uniforms that clearly designate them
as employees of the Contractor at all times while within the facility.
b. All Contractors' employees shall properly wear their facility issued identification
badge at all times while in the facility. Facility issued identification badges shall be
returned to the front desk officer at the end of each employee work day.
c. Contractor's employees shall never bring alcoholic beverages or narcotics into the
facility. Persons that are under the influence of alcohol or narcotics shall be denied
admittance into the facility.
d. Contractor's employees shall attend Santa Ana Jail training deemed mandatory by
State or Federal regulations. The Contractor shall pay employees for attending
these required courses, where applicable.
e. In the event of a disturbance within the facility, all Contractors' employees shall
immediately follow the directives of Police staff.
f. In the event of a dispute between Contractor's staff and Police staff regarding work
procedures, security measures, etc., the Santa Ana Police Department Property and
Facilities Manager shall have the final decision.
V. INMATE COMMISSARY
A. COMMISSARY PLAN OVERVIEW
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The Santa Ana Jail Facility's commissary shall be a cashless system. Items are sold
through order forms for later delivery. All transactions shall be debited against inmates
individual commissary accounts.
2. The contractor shall store all commissary items and process and package all commissary
orders offsite, with delivery to the jail facility on the same day as distribution to inmates.
There shall be no onsite storage of commissary goods.
3. Proposers shall outline in their proposals, their overall service plan to provide commissary
services on a weekly basis. Proposer's plans should utilize their own staff for the
distribution of commissary order and utilize Jail staff as little as possible.
B. EQUIPMENT SPECIFICATIONS
1. At no cost to the City, the Contractor shall provide all equipment, hardware and software
necessary for efficient operation of the commissary program. This shall include but is not
limited to:
Inmate accounting/banking software sufficient to handle all inmate banking
transactions from intake to release.
b. Equipment to accept and process cash (bills and coins) from booked inmates, cash
and credit/debit card deposits from public visitors, and post funds received into the
inmate accounting/banking software.
c. Hardware and software to process, track and maintain historical records of inmate
commissary purchases and credits.
2. The Santa Ana Jail Facility Jail Management System (JMS) is by Advanced Technology
Information Management Systems, by ACT 1 Group Company. Proposer's inmate
accounting/banking software should be able to interface with the Jail Management
System in order to keep up-to-date inmate information.
a. Access to a networking framework shall be provided without charge. The Contractor
shall be responsible to provide, at its own expense, all computers, servers, switches,
software, internet service, and related peripherals and equipment as necessary to
effectively perform all duties contracted.
b. The Contractor shall provide commissary order forms that have been designed
expressly for the Santa Ana Jail Facility: Order forms shall offer for sale only those
items approved by the Jail Administrator,
C. PURCHASING/STORAGE OF GOODS
Contractor shall be responsible for purchasing, receiving and offsite storing of all goods sold
through commissary or necessary for commissary operations. All goods shall remain the
property of the Contractor unit they are delivered to the customer (inmate). The Contractor
assumes all liability for loss, damage or spoilage of goods prior to delivery of goods to the
customer (inmate).
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D. REPORTS, AUDITS AND ACCOUNTABILITY
Proposals should include samples of the following Contractor's reports to the Jail Administrator
and any other reports that may be useful.
Sales and commission reports should indicate: sales total for order forms, and commission due
the Inmate Welfare Fund. Each of these reports should be produced monthly with an annual
report as well.
E. PROPOSAL SUBMISSION
1. The proposer shall provide a listing of all items that can be sold through commissary and
proposed sale prices for each item.
2. The Proposal shall indicate the percentage of net sales to be paid to the City each month.
"Net Sales" is defined as total of all sales, minus sales tax and sales of U.S. postage
stamps.
F. SECURITY
The following security requirements shall be in effect at all times. Failure to abide by any of
these items by any Contractor's employee may result in removal from the facility and or criminal
charges.
1. SECURITY SCREENING
a. All Contractor's personnel to work within the facility must successfully complete a
background investigation conducted by the Santa Ana Police Department before
beginning work. Contractor employees that do not successfully complete the
background investigation shall not be allowed entry into the facility. No less than 45
days before an employee is scheduled to begin work, the Contractor shall submit to
the Chief of Police the following information for each employee to work within the
facility.
• First name, middle name, last name
• Date of birth
• Current resident address
• Photocopy of valid government issued photo identification
• Photocopy of valid Social Security card
• Proof of U.S. citizenship or legal work status
b. The Contractor shall be notified of any employees that are refused for employment
within the facility. The background investigation requirement shall also apply to
employees who begin at any later date.
c. Decisions of the Santa Ana Police Department are final and are not subject to
arbitration. Cost for background checks shall be borne by the City.
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2. FACILITY ENTRY
a. All Contractors' employees must enter the facility and check in at the Jail Facility
front desk. A current roster of employees with security clearance will be maintained
at the front desk. Each employee must show a valid, government issued picture
identification prior to entry. If an employee cannot produce proper identification or
their name is not on the security roster they shall be denied admission.
b. When an employee leaves the service of the Contractor, the Contractor shall notify
the Jail Administrator's office within 12 hours.
G. Decisions of the Santa Ana Police Department are final and are not subject to
arbitration.
3. EMPLOYEE CONDUCT
a. All Contractors' employees shall wear identical uniforms that clearly designate them
as employees of the Contractor at all times while within the facility.
b. All Contractors' employees shall properly wear their facility issued identification
badge at all times while in the facility. Facility issued identification badges shall be
returned to the appropriate facility officer at the end of each employees work day.
c. Contractor's employees shall never bring wireless devices, alcoholic beverages or
narcotics into the facility. Persons that are under the influence of alcohol or narcotics
or in possession of wireless devices within the secured area of the Jail facility shall
be denied admittance into the facility.
d. Contractor's employees shall attend Santa Ana Jail training deemed mandatory by
State or Federal regulations. The Contractor shall pay employees for attending
these required courses, where applicable.
e. Contractor's employees shall never deliver messages or non -commissary goods to
or from any inmate. Contractor's employees shall never grant, promise or imply any
special item or privilege to any inmate. Contractor's employees shall inform the
appropriate facility officer of any solicitations by an inmate to break the facility rules.
f. Contractor's employees shall be informed of the Santa Ana Jail Facility no -hostage
policy. In the event of a disturbance within the facility, all Contractor employees shall
immediately follow the directives of facility staff.
g. In the event of a dispute between Contractors' staff and facility staff regarding work
procedures, security measures, etc. the Jail Administrator shall have the final
decision.
VI. PRICING SHEETS
Attachment A contains the proposal item pricing sheet for this RFP. Each proposer shall adhere to the
following instructions when submitting their Proposal.
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CITY Or SANTA ANA
A. Attachment A must be submitted must be completely filled out. Inclusion of an incomplete
pricing sheet may cause a Proposal to be rejected.
B. Five (5) copies plus one original of the Contractor's annual report, and references must be
included.
C. Attachment A does not substitute and must be submitted in addition to Cost Proposal.
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1 CITY OF SANTA ANA
EXHIBIT B
PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am familiar with the
products and services being requested. I understand and agree that I am responsible for reporting any
errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.
Proposal Item Price -Pricing shall be all inclusive and based on the scope of services described in
Exhibit 1. Please specify all costs related inmate meals as noted in Exhibit 1. Cost proposal shall
include all costs for staffing costs, food cost, controllable expenses, administrative costs, etc. necessary
to provide food services for inmates within the Jail facility.
A. INMATE MEAL PREPARATION - REFERENCE EXHIBIT 1, SECTION III
ITEM
DESCRIPTION
OTY1
UNIT
COST
SUBTOTAL
YEAR 1
SUBTOTAL
YEAR 2
SUBTOTAL
YEAR 3
1
Staffing cost
438,000
$1.013
443,694
443,694
443,694
2
Food cost
438,000
$ 0.993
434,934
434,934
434,934
3
Controllable Expenses
438,000
$ 0.342
149,796
149,796
149,796
4
Admin/Management Cost
438,000
$ 0.13
56,940
56,940
56,940
6
Other
438,000
$ 0.022
9,636
9,636
9,636
7
Total Cost Per Meal
438,000
$ 2.501
1,095,000
1,095,000
1,095,000
Totals 2
$ 2.501 3
1,095,438
1,095,438
1,095,438
Sliding Scale Total Per Meal
ADP 1 to 99
$6.950
ADP 100 to 199
$4.950
ADP 200 to 299
$3.950
ADP 300 to 399
$2.638
ADP 400 and above
$2.501
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B. OPERATION OF STAFF CAFE (CODE-7)
Annual Facility Use Payment - Paid in 12 equal monthly installments. $30 000
C. INMATE COMMISSARY SERVICES
Percentage of commissary and iCare sales paid to the City of Santa Ana _ 45 %
(Defined as total sales, minus sales tax & U.S, portage sales)
Percentage of FreshFavorites and iCareFresh sales paid to the City of 25
Santa Ana (Defined as total sales, minus sales tax) —
THIS FORM MUST BE COMPLETED AND IN D D WITH TH Osr pROPO A .
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
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