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HomeMy WebLinkAboutSenior Meal Service at the Community Center with the Arcadia Unified School DistrictAGREEMENT CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT THIS CONTRACT, is made and entered into this 1st day of July, 1996 by and between the CITY OF ARCADIA, A Municipal Corporation, hereinafter referred to as "City ", and the ARCADIA UNIFIED SCHOOL DISTRICT, 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 adults 50 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 50 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, 1996 and ending June 30, 1997. Subsequent contracts will be effective July through June of the current year. It is optional on the part of the City to renew the Contract if desired, upon mutual agreement of both parties. However, the City must notify the Contractor by April 1997 if the contract is to be effective July 1997 - June 1998. 1 3 AMENDMENTS TO 1995 FOOD SERVICE SPECIFICATIONS CONTRACT Item 2d. DELIVERY - NOTIFICATION The City shall notify Contractor by 10 a.m. on the day of meal service, the number of meals required for that day. Item 3d. SERVICE STANDARDS - SUPPLIES Use heavy weight disposable flatware. Item 3g. SERVICE STANDARDS - DELIVERY The number of meals to be delivered shall be ordered daily by telephone, verbally verified by City and Contractor on a daily basis, and accounted for in writing monthly. Item 6. MEAL PATTERN - BEVERAGE Low fat milk and coffee shall be available daily. Item 10. HOLIDAY SCHEDULE: NO MEALS SERVED. July 4, 1996 September 2, 1996 November 11, 1996 November 28 & 29, 1996 December 24 & 25, 1996 December 31, 1996 January 1, 1997 February 17, 1997 May 26, 1997 n INDEMNITY. Independence Day Labor Day Veterans' Day Thanksgiving Day and Day After Christmas Eve & Christmas Day New Year's Eve New Year's Day Presidents' Day Memorial Day A. The Contractor agrees to indemnify, hold harmless, release and defend the City it's 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 which 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. 2 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. 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 b. 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. 3 6. COMPENSATION FOR SERVICES. City agrees to pay Contractor $3.50 for each meal (as outlined in the "Bid Price Fact Sheet" - Exhibit 2) with a minimum requirement 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. When Contractor must pay staff overtime, due to school holidays which are not City holidays, City agrees to pay $4.00 per meal; not to exceed 6 days per year. After the close of each month, the Contractor will furnish to the City an invoice of meals ordered by the program the previous month. The City will pay such invoices for the prior month within thirty (30) days after receipt of the same invoice. 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 the Superintendent, Arcadia Unified School District, 234 Campus Drive, Arcadia, California, 91007. 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 her 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. 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. (continued) S 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: J61, -1 V, / 25 /4- CITY OF ARCADIA By 14I William R. Kelly City Manager ATTEST: Jul -T5. Alford, City erk ARCADIA UNIFIED SCHOOL DISTRICT By Assistant Superintendent of Business Earl Davis APPROVED AS TO FORM Michael H. iller City Attorney 5