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HomeMy WebLinkAboutC-1680AGREEMENT 1 AUSD C :ract No. 1096 CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT THIS CONTRACT, is made and entered into this 1st day of July, 2000 by and between the CITY OF ARCADIA, A Municipal Corporation, 240 W. Huntington Drive, Arcadia, hereinafter referred to as "City ", and ARCADIA UNIFIED SCHOOL DISTRICT, 234 Campus Drive, Arcadia, 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, 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 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, 2000 and ending June 30, 2001. 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. However, the City must notify the Contractor by April 2001 if the contract is to be effective for the succeeding year. 3. NO MEALS SERVED. Meals will not be served on the following Holidays or Special Community Center Events. City Holidays: July 4, 2000 September 4, 2000 November 10, 2000 November 23, 2000 November 24, 2000 December 25, 2000 January 1, 2001 February 21, 2001 May 28, 2001 School District Holidays: December 26, 2000 January 2, 2001 January 15, 2001 April 9, 2001 Special Events: November 21, 2000 December 8, 2000 Independence Day Labor Day Veterans' Day Thanksgiving Day The Friday after Christmas Day New Year's Day Presidents' Day Memorial Day Day after Christmas Day Day after New Year's Day Martin Luther King Jr. Day Spring Break Holiday Thanksgiving Potluck Luncheon Holiday Party (can drive for the needy) 4. INDEMNITY. 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. 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. 2 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 S250,000 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 $3.75 for each meal (as outlined in the "Bid Price Fact Sheet" - Exhibit 2) with a minimum requirement of 25 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. 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. Total payment to the Contractor shall not exceed 32,000.00. 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 3 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 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 Attaclnnent 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. 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 4 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: D. Alford, C. lerk APPROVED AS TO FORM Stephen Deitsch City Attorney CITY OF ARCADIA By 5 William R. Kelly City Manager ARCADIA UNIFIED SCHOOL DISTRICT By Earl Davis Assistant Superintendent of Business 6 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.