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HomeMy WebLinkAboutC-1641AGREEMENT 1 AI"0 Contract No. 99/00:886 CITY OF ARCADIA AND ARCADIA UNIFIED SCHOOL DISTRICT THIS CONTRACT, is made and entered into this 4th day of August, 1999 by and between the CITY OF ARCADIA, A Municipal Corporation, 240 W. Huntington Drive, Arcadia, hereinafter referred to as "City ", and the 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 person's 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 eleven months beginning August 4, 1999 and ending June 30, 2000. It is optional on the part of the City to review and evaluate the Contractors' performance each succeeding year for a maximum of two (2) years to determine if renewal of the contract is desired, upon mutual agreement of both parties. However, the City must notify the Contractor by April if the contract is to be effective for the succeeding year. 3. HOLIDAY SCHEDULE. No meals will be serviced on the following City Holidays and School District Holidays: City Holidays: September 6, 1999 November 11, 1999 November 25, 26, 1999 December 24, 1999 December 31, 1999 February 21, 2000 May 29, 2000 School Holidays: January 17, 2000 February 11, 2000 April 10, 2000 Labor Day Veterans' Day Thanksgiving Day and the Friday After Christmas Eve New Year's Eve Presidents' Day Memorial Day Martin Luther King Day President Lincoln's Birthday 1st Day of Spring Break 4. INDEMNITY. 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 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. 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. 2 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 insurance's 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 $3.50 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. 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. Total payment to the Contractor shall not exceed $34,500.00. 7. CANCELLATION. Either party may terminate this Contract 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 3 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 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 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 there in or any other interest which would conflict in any manner or degree with the performance 4 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: ° tR441 ATTEST: -D. Alford, City e APPROVED AS TO FORM Michael H. filler V City Attorney CITY OF ARCADIA By William R. Kelly City Manager ARCADIA UNIFIED SCHOOL DISTRICT B 4. Earl Davis Assistant Superintendent of Business 5 STATEMENT OF WORK AND SCHEDULE 1. NUMBER /PRICE OF MEALS CITY OF ARCADIA Recreation Department Senior Citizens Services FOOD SERVICE SPECIFICATIONS Between City of Arcadia (City) and Arcadia Unified School District (Contractor) EXHIBIT 1 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 50 years of age and older Monday through Friday of each week. The Contractor shall provide a Site Manager for supervising the preparation, serving meals and cleaning with the assistance of senior citizen volunteers provided by the City. The minimum requirement is estimated at 25 meals and the maximum requirement is estimated at 80 meals per day. The meals would be congregate meal or box or picnic lunches for a fee of S3.50 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 24 hours prior to delivery of the number of meals required for the next day. e. The Contractor shall deliver the meals no more than 45 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. 6 3. 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 wt, knives, forks, spoons and soup spoons Napkins 2 ply Others Plastic disposable gloves, disposable aprons, hair nets, serving trays, utensils, and cleaning supplies e. The Contractor shall be responsible for cleaning and care of equipment returned to his facility and be responsible for cleaning the kitchen each day. f. The Contractor shall place food in areas designated by meal location managers. g. 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. h. The Contractor's delivery equipment shall be removed from the meal location by 2:00 p.m. City is not responsible after this time. i. The Contractor shall provide a back -up delivery system in the event of vehicle breakdown. 7 2. SERVICE STANDARDS (Continued) j. 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. k. 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. 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, Recreation Director, 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 %o 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. 8 5. MENUS (Continued) f. Provisions shall be made by the Contractor to provide in- service training regarding food sanitation for the food service staff and volunteers. 6. MEAL PATTERN A typical meal must include an entre, vegetable, starch, salad (vegetable or fruit), roll & margarine, beverage, and dessert (at least twice a week): Meat or meat alternate 3 -oz. edible portion (exclusive of bone, fat, gristle, etc.) Vegetables /Fruits 2 (1/2 cup each) servings (exclusive of dessert) Juice 1/2 cup (as needed to satisfy Vitamin C rgmt) Enriched bread 1 slice bread, cornbread, roll, tortilla, biscuit Cooked Starch 1/2 cup serving such as rice, pasta, potato Margarine 1 teaspoon Dessert 1/2 cup or equivalent (served at least twice a week) Beverage Coffee (decaffeinated) or tea 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. 9 6. MEAL PATTERN (Continued) 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 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 is 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. (9) Fresh fruits: USDA Fancy to USDA Number 1 to be used for all graded fresh fruits as a minimum standard. (10) Fresh vegetables: USDA Fancy and Number 1 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. 10 BID PRICE FACT SHEET CATERER: ARCADIA UNIFIED SCHOOL DISTRICT FOOD SERVICES HOT BULK MEAL Raw Food Condiments Preparation Transit Sundry Items Paper Other Overhead Profit BOX OR PICNIC LUNCH Raw Food Condiments Preparation Transit Sundry Items Paper Other Overhead Profit COST PER MEAL $ 1.67 S .08 $ .65 .10 $ .08 $ .02 TOTAL CATERED $ .90 COST /MEAL $ 3.50 $ 1.35 $ .08 .65 $ .10 $ .25 $ .02 $ 1.05 11 EXHIBIT 2 TOTAL CATERED COST /MEAL $ 3.50 * Lunches served on days when the Arcadia School District has a holiday will be charged at a rate of $4.00 per lunch to pay for the increased labor cost to the district. 12 ATTACHMENT A During the performance of this Agreement, the Contractor agrees to comply with the following Federal provisions: 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.