Meals_for_Senior_Nutrition_Program.pdf

REQUEST FOR PROPOSAL

MEALS FOR SENIOR NUTRITION PROGRAM

26-281

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: October 6, 2026 DEADLINE FOR QUESTIONS: October 20, 2026

RESPONSE DEADLINE: November 10, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Meals for Senior Nutrition Program

I. Notice of Request For Proposals II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Submission Instructions

VI. Evaluation and Award Process VII. Evaluation Criteria

VIII. Terms & Conditions

Attachments:

A - RFP Submittal Forms to Complete B - General Services Agreement (Exemplar) C - Menu Requirements D - Service Requirements E - Cost Form

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I. Notice of Request For Proposals

Notice is hereby given that the City of Milpitas (“City”) will receive electronic proposal submittals for Meals for Senior Nutrition Program until Tuesday, November 10, 2026 12:00 pm Pacific Time.

Proposals shall be valid for the term specified for the resulting contract in accordance with the information set forth in this Request for Proposal ("RFP").

The scope of work, content of the proposal, and the selection process are described in the RFP.

Interested parties may obtain copies of the RFP through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

Any Addenda will be posted on OpenGov. It is the sole responsibility of each prospective Proposer to check OpenGov on a daily basis through the close of the solicitation for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete proposal submittals. Solicitation information posted in OpenGov may change without notice to prospective Proposers. The final executed Contract Documents shall supersede any information posted or transmitted on OpenGov.

SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically through its eProcurement website on OpenGov. Proposals must be submitted through OpenGov by the Submittal Deadline. It is the sole responsibility of the Proposer to ensure that its proposal is submitted through OpenGov before the RFP Submittal Deadline.

Electronic proposal submittals require uploading electronic attachments. All uploaded documents must be attached as separate Microsoft Word, Excel, or Adobe PDF files only.

Submission of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize itself with the OpenGov eProcurement system, and the City does not assume any liability or responsibility for late proposals.

Registration. Proposers must register on OpenGov to submit proposal responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

License and Bonding. Proposer shall be licensed and bonded in accordance with industry practices, laws, rules, and regulations governing the performance of services required in this

RFP.

For more information regarding the RFP, please contact:

Vickie Davis

Senior Special Project Associate vdavis@milpitas.gov https://www.milpitas.gov/264/Bid-Opportunities https://procurement.opengov.com/portal/milpitas-cs

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Communications with any City elected official, non-designated staff, or Evaluation Committee member regarding this RFP is strictly prohibited. All email communications must be directed to the designated Procurement Contact for this solicitation or their designee, if applicable. Any vendor who communicates with parties or via methods not provided for in this RFP, may be subject to disqualification.

II. Introduction

II.A Summary

Through this Request for Proposal ("RFP"), the City of Milpitas ("City") seeks to contract with multiple qualified vendors to deliver an estimated 21,472 meals per year based on 88 meals/day for 244 service days for the City and County of Santa Clara's ("County") Senior Nutrition Program at the Barbara Lee Senior Center located at 40 N. Milpitas, Blvd., Milpitas, California 95035. The selected contractor(s) shall furnish all labor, supervision, methods, processes, implements, tools, machinery, equipment, transportation, materials, and facilities required for the preparation and delivery of the meals. All meals and related services must comply with the City and County's Senior Nutrition Program requirements and noted herein.

Minimum Qualifications:

Qualified vendors must provide the following:

• Current Health Permit: Must be a current and valid health permit issued by the applicable local environmental health agency for each food preparation facility that will prepare meals for the Senior Nutrition Program.

• Current Food Facility Inspection Status: Documentation demonstrating the facility’s current food safety inspection status. For facilities subject to inspection by the County of Santa Clara Department of Environmental Health, documentation shall include the facility’s current inspection placard/status.

• Most Recent Inspection Report: Must provide a copy of the most recent environmental health/food facility inspection report for each proposed food preparation facility.

• Current Fire Permit

• Current License to Operate

• Commercial Kitchen Authorization: Required if applicable. If the vendor prepares meals from a rented, shared, commissary, or other third-party commercial kitchen, the vendor must provide a current agreement or other documentation demonstrating authorization to use the permitted facility.

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Meal choices should be varied and represent foods from multiple cultures such as Vietnamese, Korean, Mexican/Latin, Indian, etc. It is estimated that approximately 60% of the meals are standard meals and approximately 40% are ethnic meals. The City reserves the right to adjust days/times and number and types of meals at its sole discretion by providing reasonable notice to the awarded contractors. Any adjustment in quantities and/or days/times will not entitle the awarded contractors to an adjustment in per meal costs.

The initial term of the awarded contracts is expected to begin on April 1, 2027 and be for a period of three years with one additional three-year option to extend for a total of six years, subject to the appropriation of funds. The City reserves the right to terminate contracts for convenience with 30 days' notice, with or without cause, at City's sole discretion.

See attached Scope of Services and other RFP documents for further details.

II.B Timeline

All times shown are Pacific Time.

Release Date October 6, 2026

Question Submission Deadline October 20, 2026, 12:00pm

Proposal Submission Deadline November 10, 2026, 12:00pm

III. Scope of Work

III.A Scope of Work

Contractor shall provide meals and services in accordance with the City of Milpitas (“City”) and County of Santa Clara’s (“County”) Senior Nutrition Program. See Attachments C and D, the County of Santa Clara’s website, the U.S. Dietary Guidelines for Americans, and below for additional details and requirements.

A. GENERAL REQUIREMENTS

1. Meals shall be delivered to the Barbara Lee Senior Center at 40 N. Milpitas, Blvd., Milpitas, California 95035.

2. Meals must be delivered between 10:00 and 11:30 a.m. up to five days per week, as determined by the City.

3. Contractor must have the capacity to serve up to 100 meals per day.

4. Contractor shall provide meals that include nutritional portions of proteins, vegetables, starch, fruit, dairy (milk or approved milk substitute) in alignment with the City and County’s Senior Nutrition Program requirements.

https://stgenssa.blob.core.windows.net/daas/snp/handbook/index.htm?key=toc1&ref=.%2F https://www.dietaryguidelines.gov/

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5. Meals can be provided in bulk or individually packaged.

6. During the term of the Agreement, Contractor shall have and maintain the following:

a. Current Health Permit

b. Current Food Facility Inspection Status

c. Current Fire Permit

d. Current License to Operate

e. Current Commercial Kitchen Authorization (if applicable)

A. PRODUCTION FACILITY, EQUIPMENT, AND ENVIRONMENT.

1. Contractor shall furnish all food, labor, supplies, equipment, and food production, staging, and storage facilities necessary for the preparation, storage, and delivery of meals.

2. Contractor is solely responsible for any lease, rent, mortgage or any other payment necessary to operate its food production facility for the meal delivery services described herein.

3. Contractor shall repair, maintain, and upkeep its facilities solely at its own cost, whether cyclical or emergency in nature.

4. All food production and delivery equipment necessary for the meal delivery services described herein shall be provided by the Contractor and shall include, but not be limited to, dishwashers, refrigerators, freezers, stoves, food mixers, storage facilities, and vehicles.

5. Contractor shall provide all administrative or office equipment necessary for them to provide the meals and services specified herein.

6. Contractor shall replace, repair, maintain, and upkeep all equipment necessary for the direct or indirect preparation, production, storage and delivery of the meal services described herein.

7. Contractor equipment utilized for the delivery of food shall conform to and ensure that the following criteria are met:

a. Hot foods shall be delivered at 140 degrees Fahrenheit or more.

b. Cold foods shall be delivered at 40 degrees Fahrenheit or below.

c. Pasteurized milk shall not be held above 45 degrees Fahrenheit.

d. Containers for bulk meals shall be cleaned by the site staff and picked up by the

Contractor at the time of the delivery of the next meal.

e. Meal carriers must be cleaned by the Contractor after each use, and meal containers must be sanitized daily by the Contractor.

B. FOOD, HEALTH, AND SANITATION.

1. Authorized representatives of the County and the City shall have the right to inspect the Contractor’s food preparation facilities at any time during the contract period.

2. Contractor shall conform to all health and sanitation requirements of the current California Retail Food Code and any other applicable Federal, State or County regulations.

3. Contractor shall submit a copy of all new health reports to the City and the County within three days of receipt.

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C. FOOD SERVICE SPECIFICATIONS MEAL PLANNING REQUIREMENTS.

1. Menus must comply with the current requirements of Older Americans Act Section

339, Title 22, Division 1.8, Ch 4, Article 5, Section 7638.5, California Department of Aging Title III, and current County Nutrition Standards as provided in Attachment C – Menu Requirements.

2. Contractor shall submit menus and requested menu changes to designated County staff at least 9 weeks prior to use.

3. Contractor shall address any changes requested in the menus by designated County staff regarding nutrition requirements and/or consumer preference.

D. MENUS.

1. Congregate Catered Meal Requirements:

a. Two-day menus with a cycle of 4-7 weeks must be used for the congregate hot meals.

b. Menus for hot meals must be submitted and completed using the component method to determine nutritional content.

c. Each meal must contain at least one-third (1/3) of the current daily Recommended Dietary Allowance (RDA) for people 51 years of age or older as determined by the National Academy of Science - National Research Council.

d. Menus shall provide an average of at least 550 kilocalories (kcal) per meal.

2. Requirements for All Menus:

a. Seasonal menus are preferred.

b. Food must be attractive, palatable, and appealing.

c. Low amounts of salt must be used in the preparation of food.

d. Every effort must be made to plan the menus with as low in fat content as possible.

e. Oil used in food preparation shall be liquid and polyunsaturated fat and/or monounsaturated fat for all meals.

f. Contractor shall use a minimum of simple sugars and concentrated sweets, particularly for people requesting low sugar (diabetic) meals.

g. Contractor must adhere to Attachment C regarding Nutrition Requirements of

Meals at all times.

h. Whenever possible, ethnic and holiday menus should be incorporated under advisement by designated County staff.

i. Fresh fruit should be included with all meals.

j. Milk, if included with the meal, should be 8 oz. per serving.

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of this RFP, Proposers must, at a minimum, respond to and provide the information noted below. Proposer may also include any additional

Meals for Senior Nutrition Program 26-281 information they feel is relevant to the RFP. Once submitted, the Proposer's submittal, including any supplementary documents, become the property of the City.

IV.A Proposer Contact Information* Please provide your firm's name and your full name, title, direct phone number, and email address.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this solicitation and the resulting Agreement/Contract. Proposer confirms that it has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in this solicitation and its attachments. By confirming this question, you understand that failure to provide any and all additional documents requested by City, including, but not limited to, forms, subcontractor information, bonds, proof of insurance, etc. may result in the disqualification of your firm's proposal submittal.

☐ Please confirm *Response required

IV.C Acknowledgement of Addenda* Any Proposal submitted that does not acknowledge each and every addendum issued for this solicitation may be considered non-responsive. By confirming this prompt, you agree that you have seen and responded to all addenda to this RFP.

☐ Please confirm *Response required

IV.D Acknowledgement of Questions and Responses* Any Proposal submitted that does not acknowledge all questions received and the City's corresponding answers for this RFP may be considered non-responsive. By confirming this prompt, you agree that you have seen all questions and answers for this RFP.

☐ Please confirm *Response required

IV.E Current W-9* Please upload your firm's current W-9 form.

*Response required

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IV.F Prior Contract Failure* You MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves your firm or in which your firm has been judged guilty or liable.

If there are none to disclose, you MUST state the following in response to this question:

“Proposer confirms that it has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will disqualify your proposal.

*Response required

IV.G Minimum Qualifications/Requirements* Attach documentation demonstrating your compliance with the Minimum Qualifications/Requirements specified below:

• Current Health Permit: Must be a current and valid health permit issued by the applicable local environmental health agency for each food preparation facility that will prepare meals for the Senior Nutrition Program.

• Current Food Facility Inspection Status: Documentation demonstrating the facility’s current food safety inspection status. For facilities subject to inspection by the County of Santa Clara Department of Environmental Health, documentation shall include the facility’s current inspection placard/status.

• Most Recent Inspection Report: Must provide a copy of the most recent environmental health/food facility inspection report for each proposed food preparation facility.

• Current Fire Permit

• Current License to Operate

• Commercial Kitchen Authorization: Required if applicable. If you prepare meals from a rented, shared, commissary, or other third-party commercial kitchen, you must provide a current agreement or other documentation demonstrating authorization to use the permitted facility.

*Response required

IV.H Cover Letter* Attach a cover letter in response to this Question that addresses the following, at a minimum:

A. the legal form of your firm, and the state in which it was established (noted as jurisdiction on the California Secretary of State website);

B. the location of your firm’s home office, and the location of any local office(s) in the San Jose/Oakland/San Francisco area;

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C. the total number of employees, both worldwide and at the local office(s), if applicable;

and

D. the name, title, address, telephone number, and email address for your designated primary point of contact for follow-up regarding this RFP as well as the resulting contract, if awarded.

The cover letter must be signed by a representative authorized to act on behalf of your firm.

*Response required

IV.I Company Profile & Experience* Provide a description of your firm, including a brief history and relevant experience, in preparing and delivering meals similar to or the same as those specified in this RFP. In your response, demonstrate that your firm:

• is a long term, well established entity; and

• has extensive experience providing the same or similar products and services as those specified in this RFP, preferably in the State of California.

*Response required

IV.J Implementation Plan* Please provide a detailed description of your firm's approach, methodology, and execution plan for delivering the products and services set forth in this RFP. The execution plan must include a detailed work plan describing how your firm will fulfill the RFP scope in the most cost-effective and timely manner. Additionally, describe your proposed method for communicating issues and/or questions for ensuring successful provision of the meals.

*Response required

IV.K Personnel Assigned* Please provide a response that addresses all of the following:

A. Your designated project manager authorized to act on behalf of your firm as the principal contact for the City should you be awarded a contract.

B. Other key personnel who will be assigned to the project team, including their expected roles and responsibilities.

C. Any individuals, and their expected roles and responsibilities, who will serve as backups.

D. Brief resumes/summaries (one paragraph per person) for each individual to be assigned to this project.

E. Your response MUST state that no changes in key personnel are to be made without written consent of the City.

If the City elects to interview prospective firms, the primary persons noted above are expected to attend and materially contribute to the discussion.

*Response required

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IV.L Menus* Please attach your proposed menus, to include component parts and nutritional breakdown, demonstrating compliance with the requirements set forth in Attachment C - Menu Requirements. You should include at a minimum 2 menus for each Meal Type for which you are proposing to provide.

*Response required

IV.M References* Attach three references for work performed by your firm of a similar nature as that required by the City that has been performed within the last three years utilizing the Reference Form in Attachment A - RFP Submittal Forms to Complete. Note that the initial evaluation for references will be based solely on the information you provide in the Reference Form. Final scores will reflect actual reference checks, if conducted at the City's sole discretion.

*Response required

IV.N Proposed Compensation* Please complete and attach Attachment E - Cost Form in response to this question. Cost points will be allotted based on per unit pricing by meal types, regardless of the quantity or types provided. Any adjustments in quantities shall not entitle the proposer to an adjustment in price/meal for the specified meal type for the three-year initial term. Pricing shall be firm fixed for the initial three-year term of the Agreement and shall be inclusive of all labor, equipment, facilities, travel, etc. required to prepare and deliver the meals. Cost Forms shall be signed by an authorized signer for the submitting proposer. Cost form may be signed manually and scanned or via electronic signature. If manually signed and scanned, please attach both the pdf as well as the completed Excel files to this question response.

*Response required

IV.O Certification of Proposer* Complete, sign, and upload your Certification of Proposer form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.P Non-Collusion Declaration* Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.Q Nondiscriminatory Employment Certificate* Complete, sign, and upload your Nondiscriminatory Employment Certificate form here. See Attachment A - RFP Submittal Forms to Complete.

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*Response required

IV.R Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.S Proposer's Statement Regarding Insurance Coverage* Complete, sign, and upload your Proposer's Statement Regarding Insurance Coverage form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.T Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.U Compliance with or deviation from RFP and Agreement* Complete, sign, and upload your RFP and/or Agreement Exceptions form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

V. Submission Instructions

V.A Proposal Submittal

A. Proposals must be submitted electronically through the City's eProcurement website https://procurement.opengov.com/portal/milpitas-ca.

B. Submittal Deadline. Proposals must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline.

C. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded and submitted in accordance with the RFP requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Proposals must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your proposal response as delays can occur. In the event that there is a problem uploading documents or submitting your proposal, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, https://opengov.my.site.com/support/s/contactsupport

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Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

E. Forms. To be considered for award, each proposal shall be made on forms furnished by the City in this RFP where applicable.

F. Late Proposals. The Submittal Deadline is absolute. Proposals will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, your proposal response documents shall be signed by an authorized representative of your firm.

V.B Proposal Modifications or Withdrawal of Proposal

Any Proposer wishing to make modifications to a proposal that has already been electronically submitted may utilize the "unsubmit response" option on their submitted proposal, make their modifications, and then submit their response again prior to the specified Submittal Deadline. Proposers are solely responsible for ensuring that their final responses are submitted prior to the Submittal Deadline. The eProcurement system will not allow submittal of proposal after the Submittal Deadline.

Proposer’s authorized representative may only withdraw proposals through the OpenGov website prior to the Submittal Deadline.

V.C Authorized Signature(s)

Proposal documents must be signed by a person or persons legally authorized to contractually bind the Proposer. If requested by the City, Proposer shall provide additional documents demonstrating the signer's legal authority, such as a current power of attorney or a certified copy of the bylaws or resolution of the board of directors.

V.D Examination of Contract Documents

Proposers shall be solely responsible for carefully and thoroughly examining the RFP, all attachments including the Agreement, responses to questions, and addenda, if any, (collectively referred to as “Contract Documents”). Furthermore, Proposers are solely responsible for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the provision of the goods and services specified in this RFP. Proposers shall be solely responsible for their failure to examine the Contract Documents.

Proposer shall satisfy themselves as to the character, quantity, and quality of the goods and services to be provided as set forth in this RFP. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the http://support.opengov.com/ mailto:support@opengov.com

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RFP or Agreement. Submission of a Proposal response shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. Proposals shall include complete compensation for all goods and services to be provided under the Contract Documents.

V.E Interpretation of Contract Documents

If any person is in doubt as to the true meaning of any part of the RFP or finds discrepancies or omissions in the RFP, they may submit a request for an interpretation or correction through the OpenGov Question & Answer portal for this RFP no later than the specified deadline for questions.

The City will provide a response in the Question & Answer section of the RFP and issue a formal addendum if required. This solicitation and all such responses or addenda shall be incorporated into the resulting Agreement, whether directly or by reference. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the sole responsibility of each Proposer to check the website for addenda and questions/answers prior to submitting a proposal. In the event that this solicitation is obtained through any means other than the City's e-procurement portal on OpenGov, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

To submit questions:

A. Go to the Milpitas Procurement Portal at https://procurement.opengov.com/portal/milpitas-ca;

B. Click on the title of the solicitation to open the solicitation page;

C. Click on the "Question & Answer" tab, and then click "Ask Question."

Responses to questions/requests for clarification will be posted to the solicitation on the OpenGov website.

The deadline for submitting questions related to this solicitation is: Tuesday, October 20, 2026

Questions and the City's responses posted on OpenGov are considered to be a part of or clarification to the RFP and are considered to be addenda to be acknowledged by Proposers in their Vendor Questionnaire. The City may also issue, at its sole discretion, a separate addendum document in response to questions/requests for clarification.

It is the responsibility of each Proposer to ensure that they have registered on OpenGov and subscribed to receive notifications. To register a new account, go to the City's e-procurement website https://procurement.opengov.com/portal/milpitas-ca and click + Subscribe.

Any proposal submitted that does not acknowledge each and every question/answer may be considered non-responsive and disqualified from further consideration. Addenda and Questions/Answers, if any, shall be acknowledged in the relevant item responses in the Vendor Questionnaire.

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V.F Addenda

Addenda issued to this RFP, if any, will be posted on the City's eProcurement website. However, it is the sole responsibility of the Proposer to check the website to determine whether any addenda have been issued.

Any interpretation of the Contract Documents will be made only by written addenda from the City, which will be posted on the OpenGov website. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in these Contract Documents to any Proposer, and Proposer shall not rely on any such oral interpretation.

The City reserves the right to revise the Contract Documents prior to Submission Deadline.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be part of this RFP and Contract Documents. Addenda will be issued by the City through OpenGov. It is the responsibility of each Proposer to ensure that they have registered on OpenGov to receive all notifications.

Any solicitation response that does not acknowledge each and every addenda issued may be considered non-responsive and disqualified from further consideration. Addenda and Questions/Answers, if any, shall be acknowledged in the relevant item responses in the Vendor Questionnaire.

V.G Completion of Proposal Response

Each Proposer shall submit its response in strict conformity with the requirements of this RFP and the Contract Documents. Proposals shall be prepared using the Forms provided in Attachment A - RFP Submittal Forms to Complete. Use of Submittal Forms other than those provided by the City will not be permitted. Proposals shall be executed by an authorized signatory as described in these Submission Instructions. Proposers shall fill in all blank spaces (including inserting “N/A” where applicable). Proposers shall neither delete, modify, nor supplement the Submittal Forms nor make substitutions thereon. Oral, telephonic, and electronic modifications will not be considered. Any alterations or deviations in the Submittal Forms may result in your proposal being deemed non-responsive and disqualified from further consideration.

Failure to completely execute and submit the required Submittal Forms and provide the information specified in the Vendor Questionnaire prior to the Submittal Deadline may render the Proposal nonresponsive.

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VI. Evaluation and Award Process

VI.A Award of Contract

Award, if made, will be made to the Proposer offering the most advantageous proposal after consideration of all evaluation criteria set forth the section entitled "Evaluation Criteria." An Evaluation Committee will be established by the City. Proposers not meeting the minimum requirements established in this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City shall not be obligated to award to the lowest priced proposal but will make an award in the best interests of the City after all factors have been evaluated.

VI.B References

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

VI.C Additional Discussions

Discussions, such as interviews or system demonstrations, may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers for the purpose of clarification to assure full understanding of, and responsiveness to, the RFP requirements or to provide the City with a demonstration of the proposer’s proposed product or software. Revisions may also be requested by the City, at its sole option, after original submissions and before award for obtaining best and final proposals.

Each Proposer shall be accorded fair and equal treatment throughout this process. The City will not disclose information submitted by competing Proposers.

VI.D Contract Negotiations

A Notice of Intended Award will be posted to the RFP on OpenGov. Final award is contingent upon successful negotiation of a contract based on the City’s standard terms and conditions.

Negotiations shall be confidential and are not subject to disclosure until after agreement is reached. If contract negotiations cannot be concluded successfully and in a timely manner with the top-ranked Proposer, the City may, in its sole discretion, initiate negotiations with the next highest scoring Proposer.

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The City reserves the right to contract in the manner that most benefits the City, including awarding more than one contract if desired. The City also reserves the right to cancel this RFP in its entirety and at its sole discretion.

Once negotiations are successfully completed, the Proposer will be recommended to the City Council for contract approval, and the City Council has the final authority to approve or reject the contract award.

VI.E Protest Procedure

Should any Proposer protest the award to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria, such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

VII. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cover Letter and Compliance with RFP Requirements Has the firm successfully and completely answered the required information to provide an accurate and complete overview of its experience, capabilities, and organization?

Overall, has the firm demonstrated the ability to successfully provide meals and services as described herein. Have all required sections and information been provided clearly and completely? Has the firm taken exceptions to the City's standard terms and conditions?

0-10 Points 5 (5% of Total)

2. Company Profile & Experience Does the firm offer the breadth and quality required to satisfactorily provide the meals and services specified in this RFP? Does the firm have the necessary infrastructure, staffing, and facilities to provide the meals and services? Is the firm well established in the Milpitas area and do they have experience providing the same or similar goods and services as those required in this RFP?

0-10 Points 10 (10% of Total) https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR

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3. Implementation Plan Has the firm provided the requisite work plan to deliver the meals and services? Has the firm satisfactorily described its ability to deliver the meals within budget and on time? Do they have a good have an established process for communicating issues and/or questions for ensuring successful provision of the meals?

0-10 Points 10 (10% of Total)

4. Personnel Assigned What are the qualifications of the team members to be assigned to provide the meals and services and what would be the primary responsibilities of each? What experience do these members bring with them in performing similar services or in managing subconsultants in such services? Do assigned personnel have the requisite education, experience, and professional qualifications?

0-10 Points 15 (15% of Total)

5. Menus Do the submitted menus meet all the required nutritional requirements? Are they varied?

0-10 Points 30 (30% of Total)

6. References Are the firm’s references from past clients and associates overall favorable? What is the Proposer’s record of deliverables submitted on time and within budget? Does the firm communicate with, collaborate with, and take direction well from City staff?

0-10 Points 10 (10% of Total)

7. Proposed Compensation Fee proposals shall include everything necessary for the completion of all Services or otherwise fulfillment of the Agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities and all management; overhead expenses and profit required to complete the Services in accordance with the Scope of Work. Fee proposals must contain the information to accurately and completely capture all Proposer's costs.

0-10 Points 20 (20% of Total)

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VIII. Terms & Conditions

VIII.A Term of the Agreement

The City intends to enter into multiple agreements with the awarded vendors for an initial three-year term with one additional three-year option term to be exercised at the City's sole discretion and subject to the appropriation of funds. The City reserves the right to review the awarded vendor's performance at any time throughout the term of the Agreement and cancel all or part of the Agreement, with or without cause, in its sole discretion.

VIII.B Attachment Review

Please review attachments to ensure the proper Sample Contracts and forms are included

VIII.C List of Required Licenses

The contracted vendors must have all applicable food, facility, and catering permits as required by the County of Santa Clara as set forth in the Minimum Qualifications:

• Current Health Permit: Must be a current and valid health permit issued by the applicable local environmental health agency for each food preparation facility that will prepare meals for the Senior Nutrition Program.

• Current Food Facility Inspection Status: Documentation demonstrating the facility’s current food safety inspection status. For facilities subject to inspection by the County of Santa Clara Department of Environmental Health, documentation shall include the facility’s current inspection placard/status.

• Most Recent Inspection Report: Must provide a copy of the most recent environmental health/food facility inspection report for each proposed food preparation facility.

• Current Fire Permit

• Current License to Operate

• Commercial Kitchen Authorization: Required if applicable. If the vendor prepares meals from a rented, shared, commissary, or other third-party commercial kitchen, the vendor must provide a current agreement or other documentation demonstrating authorization to use the permitted facility.

VIII.D Communication

Interested parties must comply with the communication requirements specified herein. Any vendor who communicates with parties or via methods not provided for in this RFP, may be subject to disqualification. Such communication includes, but may not be limited to, contact with City elected officials, non-designated staff, or any member of the Evaluation Committee

Meals for Senior Nutrition Program 26-281 regarding this RFP. All email communications must be directed to the designated Procurement Contact for this solicitation or their designee, if applicable.

All questions regarding this RFP shall be submitted through the RFP Q&A Portal prior to the designated deadline for questions. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addendum or response to questions published to this solicitation in OpenGov.

VIII.E Definition of Terms

For the purposes of this RFP, the following definitions will be used:

A. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor” and “successful Proposer” refers to the party selected to enter into a contract with the City as a result of this RFP.

B. Evaluation Committee. An independent committee established by the City to review, evaluate, and score proposals, and recommend award of contract to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City based on an assessment of "best value" in accordance with the specified evaluation criteria.

C. May. Indicates something that is not mandatory but permissible.

D. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and disqualified from further consideration.

E. Proposer. The person or firm making a legally binding offer.

F. Proposal. The offer submitted by the Proposer.

G. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.

H. Should. Indicates something that is recommended but not mandatory. Failure to do what

"should" be done will not result in rejection of your proposal but may result in lower scores during evaluation.

I. Submittal Deadline. The date and time on or before which all proposals must be submitted.

VIII.F Informed Proposer

Each Proposer is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFP before submitting a Proposal. Failure to do so will be at Proposer’s own risk, and they cannot secure relief on the plea of error.

VIII.G Non-Collusion Declaration

Proposer declares that the only persons or parties interested in this bid are those named herein, and that the submitted Proposal is made without collusion with any person, firm or corporation.

Proposer, if awarded a contract, will execute a contract with the City in the form set forth in the

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Contract Documents, and will provide the specified goods and/or services for the prices set forth in its Proposal.

Each Proposer shall submit a signed Non-Collusion Declaration (See Attachment A) with its Proposal as required in the Vendor Questionnaire.

VIII.H Anti-Discrimination

It is the policy of the City that in connection with all Services performed under the Agreement, there will be no discrimination against any prospective or active employee because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. Proposer agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

Each Proposer shall submit a signed Nondiscriminatory Employment Certificate (See Attachment A) with its Proposal as required in the Vendor Questionnaire.

VIII.I Wage Theft Prevention

Proposers must submit a certification statement in the Vendor Questionnaire disclosing whether the Proposer or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.

Additionally, each Proposer shall submit a signed Wage Theft Certification (See Attachment A) with its Proposal as required in the Vendor Questionnaire.

VIII.J Insurance Requirements

The successful Proposer must furnish to the City a Certificate of Insurance and all accompanying endorsements proving coverage as specified in the Contract/Agreement attached as Attachment B. Failure to furnish the required certificates in a timely manner may result in forfeiture of the RFP award and associated Contract/Agreement.

Additionally, each Proposer shall submit a signed Proposer's Statement Regarding Insurance Coverage and a signed Worker's Compensation Insurance Certification (See Attachment A) with its Proposal as required in the Vendor Questionnaire.

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VIII.K California Secretary of State

The awarded Proposer must have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information. The City will verify this prior to contract execution with the awarded Proposer.

VIII.L Milpitas Business License

The awarded Proposer must comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business-License-Center for more information. The City will verify this prior to contract execution with the awarded Proposer.

VIII.M Conflict of Interest

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors, nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the contract awarded from this RFP. By submitting its Proposal in response to this RFP, Proposer certifies that to the best of its knowledge that no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Additionally, through its Proposal submittal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

VIII.N Offers of More than One Price

Proposer is NOT allowed to submit more than one proposal.

VIII.O Proposal Prices and Discrepancies

Proposals Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern. In the event that there are unit price items in a compensation proposal and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a compensation proposal, and the total indicated does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total will be corrected accordingly.

The Proposer will be bound by said corrections.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center

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VIII.P Taxes

The successful Proposer shall pay all federal, state, and local taxes, levies, duties, and assessments of every nature due in connection with any work provided under the Agreement and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments, and deductions. Proposal prices shall include all applicable sales tax.

VIII.Q Experience and Competence

The successful Proposer shall be skilled and regularly engaged in the general class or type of work called for under the Agreement. Proposer should have no less than five years of experience in the magnitude and character of the services/project proposed. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence of the requisite experience, ability, sufficient capital, and facilities to enable them to provide the goods and/or services to successfully and properly fulfill the Scope of Work within the specified time. To determine the degree of responsibility to be credited to the Proposer, the City will weigh any evidence that the Proposer has satisfactorily performed other contracts of like nature, magnitude, and comparable difficulty. In selecting the Proposal most advantageous to the City, consideration will be given to the general competency of the Proposer for the performance of the Work specified in the RFP.

To this end, each Proposal shall attach the completed and signed References form (See Attachment A) as specified in the Vendor Questionnaire. The also reserves the right, in its sole discretion, to contact other customers not specified in the Proposer's submitted References form.

Contractor’s personnel assigned to the contract awarded from this RFP should each have a minimum of five years of training and experience related to Services of similar scope to this RFP.

Contractor shall ensure that a full-time employee is assigned to the job as project manager for the duration of the Agreement, that he or she speaks English, and that he or she preferably has a minimum of three years of supervision experience in work of similar scope to this RFP. These experience and competence requirements must be maintained throughout the term of the resulting contract. Contractor may not substitute assigned Contractor staff without pre-approval by the City.

VIII.R License Confirmation

By submitting its Proposal, Proposer represents that it is duly licensed and experienced in providing goods and services similar to those being to be provided under this RFP, that it and its employees or subcontractors have all necessary licenses and…