Loading...
HomeMy WebLinkAboutC-2375if 0d AGREEMENT C — - 37 5 CITY OF ARCADIA AND NFK FOODS INC. THIS CONTRACT, is made and entered into this 10th day of June, 2008 by and between the CITY OF ARCADIA, a Municipal Corporation, 240 W. Huntington Drive, Arcadia, hereinafter referred to as "City", and NDK Foods Inc., 7512 Scout Ave Bell Gradens, Hereinafter referred to as "Contractor ", WITNESSETH: WHEREAS, the City Council has approved the use of the Arcadia Community Center for a daily luncheon meals program for aduls 50 years and older, and WHEREAS, Community Development Block Grant (CDBG) funds have been approved to subsidize the meals for individuals 55 years and older, and WHEREAS, the Contractor represents that it has experience and competence to assist the City in providing a daily luncheon meals program, and WHEREAS, this Agreement is to continue with the attached contract (Food Service Specifications - Exhibit 1) which describes the services that will be provided to the City, NOW, THEREFORE, the parties hereto agree as follows: 1. PROVISION OF MEAL SERVICE. The Contractor shall furnish all food, equipment, and paid staff necessary to prepare and deliver individual meals and/or bulk food for persons 55 years of age and older Monday through Friday of each week (or other days as requested). The Contractor and the City will adhere to all standards as outlined in the Food Service Specifications (Exhibit 1) and, hold valid permits, and licenses as required by State, County, City to legally engage in and perform the services provided. 2. TERM. The services provided pursuant to this Contract shall be for a period of twelve months beginning July 1, 2008 and ending June 30, 2009. It is optional on the part of the City to review and evaluate the Contractors' performance each succeeding year for a maxium of two (2) years to determine if renewal of the contract is desired, upon mutual agreement of both pareties the existing terms and conditions shall apply. The City shall notify the Contractor in April of the exisiting contracted period to inform the contract of the disre to renewed the agreement for the succeeding year. 0 3. NO MEALS SERVED. Meals will not be served on the following Holidays. The Contractor may or may not be asked to provide meals for special events. City Holidays: J my 4, 2008 September 1, 2008 November 11, 2008 November 27, 2008 November 28, 2008 December 25, 2008 February 16, 2009 May 25, 2009 Special Events Independence Day Labor Day Veterans' Day Thanksgiving Day The Friday after Thanksgiving City Holiday Christmas Day Presidents' Day Memorial Day September 30, 2008 Luau Luncheon October 17, 2008 Oktoberfest Luncheon November 7, 2008 Veteran's Day Celebration November 25, 2008 Thanksgiving Luncheon December 9, 2008 Senior Holiday Luncheon The City shall notified Contractor of any other special event not listed at least 15 days prior to the regularly scheduled service date. 4. INDEMNM. A. The Contractor agrees to indemnify, hold harmless, release and defend the City its officers, agents, and employees for any and all liability, loss, suits, claims, damages, costs, judgments and expenses(including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result or to arise out of any activity on or use of City's premises or facilities or any performance under this Contract, except for liability for damages referred to above to the extent it results from the negligence or willful misconduct of the City, its officers, employees and its agents (city volunteers assigned to this program.) The Contractor shall indemnify City and defend any suit against the City alleging personal injury, sickness, or disease arising out of meals served at the project sites provided food is served within 2 hours of packaging. B. Contractor shall be responsible for any damage or loss to City property caused by their activity on City property. 5. INSURANCE. Contractor shall, at its own expense, procure and maintain policies of Insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extension thereto. The policies shall state that they afford primary coverage. 0 0 A) The Contractor shall maintain public liability and property damage insurance to protect said City during the entire period of performance in the amount of not less than one million dollars ($1,000,000) per occurrence. B) The Contractor shall maintain Comprehensive Auto Liability (owned and non - owned) to protect the said City during the entire period of performance as outlined: a. Bodily Injury $100,000 each person $300,000 each accident $300,000 aggregate products Property Damage $ 50,000 each accident $250,000 aggregate protection $250,000 aggregate products $250,000 aggregate contractual C) Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. D) Contractor shall provide proof of insurance satisfactory to the City Attorney by a certificate of insurance showing the City of Arcadia as additional insured. E) Failure to maintain required insurances at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. 6. COMPENSATION FOR SERVICES. City agrees to pay Contractor $3.22 for each meal (as outlined in the "Bid Price Fact Sheet" - Exhibit 2) with a minimum of 30 meals per day and a maximum estimated at 80 meals per day. The maximum number of meals may be increased for a special event, providing arrangements are made at least 15 days in advance. The Contractor shall furnish to the City an invoice of meals ordered on a daily basis. The City will pay such invoices monthly for the previous month within ten (10) days after receipt of the same invoice. Total payment to the Contractor shall not exceed $32,000.00 Any cost of living adjustment (COLA) shall not exceed 3% of the original contracted price and shall only be considered upon renewal of the original agreement. The Contractor shall request in writing and provide justification for any possible COLA adjustment. 7. CANCELLATION. This Contract may be terminated by either party by giving not less than thirty (30) days' written notice to the other party, or by the City immediately for cause. The notice shall state the termination date. Notice to City shall be addressed to the City Manager at 240 W. Huntington Drive, Arcadia, California, 91007. Notice to the Contractor shall be addressed to Shabir Kashyap, Project Manager, Unified Nutri-Meals 7512 Scout Ave. Bell Gardens, California, 90201. In addition, the contract may be terminated because of lack of funds. In the event funds to finance this contract, or part of this contract, become unavailable, the obligations of each party hereunder may be terminated upon no less than 10 days written notice to the other party. Said notice shall be delivered certified mail, telegram, or in person. Waivers of breach of any provision of the contract shall not be construed to be a modification of the terms of the contract. 8. NON - ASSIGNMENT CLAUSE. Contractor cannot assign or delegate or otherwise transfer this Contract or the rights or duties contained herein to any individual, person, or legal entity otherwise without the prior written consent of the City. 9. COMPLIANCE WITH FEDERAL PROVISIONS. During the performance of this Agreement, the Contractor agrees to comply with the Federal Provisions defined in Attachment A as required by the Community Development Commission, County of Los Angeles. 10. RETENTION AND ACCESS OF RECORDS. Retention of and access to any book, documents, papers, and records of the service provider for audit or examination shall be for a period of three years after final payments are issued and other pending matters are closed (Section 85.42 of the "Common Rules" for cities, County Departments and CDC Divisions; OMB Circular A -110, Attachment C for community- based organizations). 11. INTEREST OF MEMBERS OF A CITY. No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this agreement; and the Contractor shall take appropriate steps to assure compliance. 12. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial, direct or indirect, in this Agreement; and the Contractor shall take appropriate steps to assure compliance. 11 0 • 13. INTEREST OF CONTRACTOR AND EMPLOYEES. The Contractor covenants that . they presently have no interest and shall not acquire interest, direct or indirect, in the project area or any parcels there in or any other interest which would conflict in any manner or degree with the performance of their services hereunder. The Consultant further covenants that in performance of this Agreement, no person having such interest shall be employed. 14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties and supersedes any prior or contemporaneous representations or agreements of the parties. This Contract may be revised or modified only by written agreement of both parties signed by an authorized representative of each party. Insofar as the provisions of this agreement are inconsistent with anything set forth in exhibit 1, the provisions of this agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives as of the date set forth below. Dated: ��ATTEST: U t-o James H. City Clerk 51a-? APPROVED AS TO FORM Stephen Deitsch City Attorney CITY OF ARCADIA By, Donald Penman City Manager NDK FOODS INC. By Shabir K yap Projects anager • • ATTACHMENT A During the performance of this Agreement, the Contractor agrees to comply with the following Federal provisions: 1. Executive Order 11246 requires that during the performance of this Agreement, the consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contractor setting forth the provisions of this nondiscrimination clause. 2. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that to the greatest extent feasible, opportunities for training and employment be given to lower - income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 3. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 4. Section 109, Title I of the Housing and Community Development Act of 1974, provides that no person shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. 5. Prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity. 3 9 • EXHIBIT I CITY OF ARCADIA Recreation and Community Services Department Senior Citizens Services FOOD SERVICE SPECIFICATIONS Between City of Arcadia (City) and NDK Foods Inc (Contractor) STATEMENT OF WORK AND SCHEDULE During the Time of Performance as set forth herein, the Contractor shall furnish all food and equipment necessary to prepare and deliver individual meals and/or bulk food for persons 55 years of age and older Monday through Friday of each week. 1. NUMBER/PRICE OF MEALS The minimum is estimated at 30 meals and the maximum is estimated at 80 meals per day. The meals would be congregate meal or box or picnic lunches for a fee of $3.22 per meal. There is no guarantee that the maximum number of meals will be reached. 2. DELIVERY a. The meals shall be delivered to the Arcadia Community Center, 365 Campus Drive, Arcadia. b. The City may add, delete or designate alternate meal locations provided that new meal locations shall not be located substantially farther than the Arcadia Community Center. c. The City may change the days and time of delivery and service by giving contractor 7 days' notice. d. The City shall notify Contractor at least 72 hours prior to delivery of the number of meals required for the ensuing week. The city reseves the right to increase the number of meals orders on any particular day providing arrangements are made at least 48 hours in advance. e. The Contractor shall deliver the meals no more than 30 minutes prior to and not less than 15 minutes before the agreed upon serving time. Food shall be kept in heat retaining equipment no longer than 2 hours after packaging. irl 0 • 2. SERVICE STANDARDS a. The kitchen shall be available to Contractor from 10:00 =a.m. - 2:00 p.m. Meals will be served at 11:30 a.m. b. Meals are to be delivered in bulk servings, except for box lunches. c. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or insect infestation. Hot foods are to be delivered at a minimum temperature of 140° F and cold foods at a maximum temperature of 40° F. These temperatures must be maintained until serving time. The Contractor must take temperature of bulk food daily at the end of production/packaging and on delivery at the nutrition site. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packaging, Daily written documentation of temperature logging/monitoring must be kept by Contractor and will be subject to audit by the Senior Citizens Supervisor or designated person. d. The Contractor shall supply the following minimum specifications per item, but is not limited to the minimum. The Contractor shall monitor supply usage: ITEM SPECIFICATIONS Disposable Plates Hot and Cold 5 compartment plates Disposable Cups Hot and Cold Disposable Bowls Hot and Cold 8 oz. Disposable Flatware Med weight, knives, fork, spoon and soup spoon Napkins 2 ply Others Plastic disposable gloves, disposable aprons, hair nets, serving trays, utensils, and cleaning supplies e. The Contractor shall place food in areas designated by the Senior Meals Program Leader. f. Each delivery shall be accompanied by a delivery slip, in duplicate, designating number of meals and supplies delivered. Senior Citizens Supervisor or designated person will sign receipt, if in order, and retain one copy. g. The Contractor's delivery equipment shall be removed from the kitchen location by 2:00 p.m. City is not responsible for equipment after this time. h. The Contractor shall provide a back -up delivery system in the event of vehicle breakdown. i. Electrical items required to be provided herein shall have the UNDERWRITER'S LABORATORY OR LOS ANGELES ELECTRICAL TESTING LABORATORY approval and meet all current OSHA and COSHA requirements, where applicable. 0 2. SERVICE STANDARDS (Coat.) 0 j. The Contractor shall comply with all Federal, State and local health department laws and regulations. Contractor shall provide City with a current copy of the health certificate and any corrected deficiencies with bid. 1. Authorized representative of the City shall have the right to inspect food preparation, storage, and packing sites during the term of the contract. m. The City Manager, the Director of Recreation and Community Services, or their designate shall have the authority to cancel or postpone use of a facility if the City deems such action necessary. Whenever possible, 48 hours notice will be given to the contractor. 3. MEAL STANDARDS a. The Contractor shall be liable for meals that do not meet the nutritional standards and requirements or are spoiled or unwholesome at time of delivery, or are insufficient in number ordered, or are delivered after the time specified by the City. In the event the Contractor fails to deliver meals, other foods, or supplies as agreed upon, the City may provide a substitute meal with emergency supplies or meals purchased from other places and charge the cost of the purchased meal to the Contractor. The replacement cost shall not exceed 120 percent of the contracted catered meal cost. b. If any portion of a meal, other than the entree is delivered in an unacceptable condition, such as incorrect temperature ( *potentially hazardous), less than contracted portion, spoiled or too late, the Contractor shall be liable for 120% replacement cost of that portion. IF the entree is unacceptable, the Contractor shall be liable for the cost of the entire meal. Any item replaced by City due to storage or spoilage shall be reimbursed at full amount expended. All storages shall be noted on delivery slip for proper crediting. 5. MENUS a. All menus shall be in compliance with the meal patterns as outlined. b. A 6 -week cycle menu shall be used that is written once every six months. c. The Contractor has the responsibility for menu writing with approval by the Senior Citizen Services Supervisor or their designate. d. The City is responsible for typing and duplicating menu. e. All menu substitutions by the Contractor shall be submitted in writing for approval by the Senior Citizen Services Supervisor or their designate at least 15 days prior to the serving date. The Contractor may, however, in an emergency situation make menu substitutions on verbal approval of the Senior Citizen Services Supervisor or their designate, with a written notice to follow for documentation. f. Provisions shall be made by the Contractor to provide in- service training regarding food sanitation for the food service staff and volunteers. M 0 6. MEAL PATTERN 0 A typical meal must include an entree, vegetable, starch, salad (vegetable or fruit), roll & margarine, beverage, and dessert (at least twice a week): 1) Meat or meat alternate 3 -oz. edible portion (exclusive of bone, fat, gristle, etc.) 2) Vegetables/Fruits 2 (1/2 cup each) servings (exclusive of dessert) 3) Juice (as needed to 1/2 cup satisfy Vitamin C rqmt) 4) Enriched bread I slice bread, cornbread, roll, tortilla, biscuit 5) Cooked Starch 1/2 cup serving such as rice, pasta, potato 6) Margarine 1 teaspoon 7) Dessert 1/2 cup or equivalent (served at least twice a week) a. In the preparation of all meals, the Contractor shall use a minimum of simple sugars. Each meal shall not exceed 1100 mg of sodium and shall be low in fat. b. Contractor shall provide all condiments, which are normally served with specific menus, including, but not limited to, salt, pepper, salad dressing, tartar sauce, mustard, catsup, cream, sugar, and garnishes such as lemon slices and parsley. The Contractor shall provide containers for salt, pepper or any other item as may be required. c. Ground beef may be used no more often than twice a week and must be solid form such as meatloaf or salisbury steak for one of the servings. d. Desserts such as fruits, puddings, gelatin with fruit, ice cream, ice milk, sherbet, and similar foods shall be served in one -half (1/2) -cup portions. Oatmeal, wheat and peanut butter cookies, not to exceed 80 calories per serving, may be included once a week. High calorie desserts such as plain gelatin desserts, cake, pie, cookies and similar foods shall also be included but are to be limited to once per week. e. Different fruits will be served at least three days. Whole fresh fruit in season shall be served at least once during each week. Canned fruit will be water packed or packed in its own juice. f Minimum grades for all foods shall be as follows: 1) Beef USDA grade A Choice 2) Pork: USDA Number 1 (as defined in SRA, Number 171 US Standards and Grades of Pork Carcasses) 3) Lamb: USDA Choice 4) Poultry: USDA Grade A to be used for all fresh or frozen poultry products. Neck, backs, or wings alone shall not be used. Reconstructed roll products are not acceptable. 5) Variety Meats: Grade Number 1 from USDA Government inspected plants. 6) Dairy Products: Following is to be used as minimum specifications for all graded dairy products: a. Eggs, fresh USDA or State Graded A b. Cheese, USDA grade A, non- processed cheese 7) Fish and seafood must be either fresh or frozen and be a nationally distributed brand packed under continuous inspection of the US Department of Interior. 8) Canned Fruits and Juices: USDA Grade A (fancy) and Grade B (choice) are to be used for all graded fruits and fruit juices. Grade C (standard) may be used for pie and cobbler production only. 10 6. MEAL PATTERN (Cont.) 9) Fresh fruits: USDA Fancy to USDA Number I to be used for all graded fresh fruits as a minimum standard. 10)Fresh vegetables: USDA Fancy and Number l to be used for all graded fresh vegetables as a minimum standard. 11) Frozen fruits and vegetables: USDA grade A is to be used for all graded frozen fruits and vegetables as a minimum standard. 12) Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna noodle casserole, shall be prescored by the Contractor for the appropriate number of servings. 11 Ll u CITY OF ARCADIA RECREATION AND COMMUNITY SERVICES CONGREGATE MEALS PROGRAM BIDDER'S PROPOSAL SHEET VENDOR: N V116' BULK MEAL ITEMS COST PER MEAL 1. Entree $ • '�"O 2. Vegetable $ • tS 3. Cooked Starch $ 6 to 4. Salad (vegetable(fruit) $_ o LS 5. Beverage (milk/juice) $. 6. Desert $ s 7. Enriched bread $ .(5 8. Condiments $ • 9. Preparation S. 22r�� • t v 10. Supplies (plates, utensil, etc.) $. • Z10 11. Transit $ TOTAL MEAL COST $ Authorized cial 10 Dat EXHITBTT 2