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HomeMy WebLinkAbout1995-08-15; City Council; Resolution 95-2321 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 95-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR MEAL SERVICE FOR THE SENIOR CITIZEN NUTRITION PROGRAM NOW THEREFORE BE IT RESOLVED by the City Council of the City 01 California as follows: 1. That the bid of the City of Vista, Brengle Senior Center, 1400 Vale Ter Vista CA 92084, is hereby accepted and the Purchasing Officer is hereby authorized a purchase order for the acquisition of meal preparation services for the period of SE 1995 through August 31, 1996, which may be renewed by the City Manager for threc one (1) year periods, with revised contract prices to be set after mutual agreement 2. That the Mayor of the City of Carlsbad is hereby authorized and directed a contract, a copy of which is attached hereto, for and on behalf of the City of Carl: PASSED, APPROVED AND ADOPTED by the City Council of the City of i a regular meeting held on the 15th day of AUGUST , 1995, by the follow wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA hR+ L. RAUTENKRANZ (SEAL) 0 e CONTRACT FOR MEAL SERVICE FOR THE SENIOR NUTRITION PROGRAM THIS CONTRACT is made and entered into as of the 21st d,ay of AUGUST 1995, by and between the CITY OF CARLSBAD, a municipal corporation, hereinaft referred to as "City", and the CITY OF VISTA, hereinafter referred to as "Contractor". RECITALS The City requires the services of a specialized meal preparation Contractor provide the necessary meal service for the City's Senior Citizen Nutrition Program; and tl Contractor possesses the necessary skills and qualifications to provide the servic required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenal contained herein, City and Contractor agree as follows: 1. CONTRACTORS OBLIGATIONS a. The Contractor will create menus that comply with specifications herein a attached. The Contractor shall assure that all meals meet the standards Title 111 of the Older Americans Act, and Nutritional Guidelines of the Cou of San Diego Area Agency on Aging (A.A.A.). Contractor will comply f~ with all requirements of the California Department of Aging Program Man including the two sections attached hereto. All menus must be written ir least four week cycles and submitted to an A.A.A. nutritionist at least 1 weeks before they are to be used. Only menus approved by this nutritiol are to be used as a guide to meal preparation with the exception deviations as discussed in paragraph (j) below. b. The Contractor will prepare approximately 150 congregate meals per 1 Monday through Friday except on holidays designated by the City. The will give an exact number for daily preparation. Meals per day may incre to approximately 250 meals per day for Thanksgiving, Christmas and o special events. c. The Contractor will prepare approximately 45 home meals per day tc provided Monday through Friday; up to 40 frozen home meals to be provi for week-ends, and up to 45 frozen meals per day on holidays design: by the City. Page 1 of 10 d. e. f. 9. h. I. I. k. 0 0 The Contractor will provide both individual home meals and individual frozc home meals in disposable, one-time-use meal containers, with covers. TI contractor will provide these containers. The containers must keep differs food items separated (e.g., using tray compartments), and allow for sanits transport of food. The Contractor shall comply with all federal, state, and local laws ai regulations governing the preparation and handling of food; and procure a: keep in effect all necessary licenses, permits and food handlers' car required by law; and post such licenses, permits and cards in a promin6 place within the meal preparation areas. The Contractor shall make all meals for the day available for pick-up by 1 City no later than 1O:OO a.m. at the Contractor's facility. If the meals are be delivered by the Contractor, they shall arrive at the City's location no la than 10:30 a.m. The delivery location is: City of Carlsbad Senior Cent 799 Pine Avenue, Carlsbad California. Exceptions must be mutually agre upon, by both the City and the Contractor before changes are ma regarding delivery. If the Contractor delivers food to the City, the vehi, used will be pre-approved by City personnel for suitability. The Contractor shall be responsible for ordering, purchasing, and paying raw food items and consumable supplies to be used in the preparation of meals. Food preparation shall occur at the Contractor's site and unl supervision of Contractor's employees. The Contractor will allow the City and the A.A.A. to have access to Contractor's purchase documents and records, as well as food preparati packaging and storage areas to determine the adequacy of the Contract( purchasing, nutrition, and sanitation practices regarding meals provic under this contract. The Contractor shall comply with all applicable federal, state and local I: and regulations pertaining to wages and hours of employment. The Contractor shall report any deviations from the approved menu to City Project Manager and the A.A.A. no later than one week before unapproved meal is prepared, whenever possible. The Contractor and City shall jointly maintain a temperature rec documentation system and said temperature record will be implemented maintained to insure sanitary and safe food handling procedures. Page 2 of 10 0 e I. The Contractor will supply information to the City for project reports needed (e.g., actual labor costs and raw food costs). m. The Contractor will replace, with like kind, or pay for replacement of all C owned equipment used for food service that is lost or damaged, excludi normal wear and tear, due to Contractor’s actions. n. Contractor bonding requirements will be waived for this contract. 0. Additional requirements are found in the attachments titled “147.8 Me Requirements” (excluding paragraph f, subparagraphs 2, 3 & 4; E paragraph g, subparagraphs 2 & 3) and “149 Food Service Subcontr Provisions”. 2. CITY OBLIGATIONS a. The City shall provide two (2) sets of containers suitable for delivery congregate meals and so that they may be rotated with a clean set returr by the City each day to the Contractor for the preparation of future meals. such containers will be the property of City. b. The City shall provide a driver and vehicle for pick up of the food and delivery to the City, as well as any devices necessary to insure adequ; sanitary practices for handling the food in transit. (This paragraph is voic if the Contractor is to deliver the food). c. The City shall notify the Contractor of any variation from the current mc no less than one week before the meals are to be served. Contractor SI work with the City to comply with reasonable special menu requests special events. The Contractor may assume that menu variations recei! from the City have been approved by the A.A.A. nutritionist. d. Since the number of meals to be served changes daily, the City telephone the Contractor the day before the meals are served to notify the Contractor of the number of each type of meal needed. If more than : meals are to be served, the City will try to give the Contractor a minimun three days notice. e. The City will provide food transport containers to hold individual n containers and maintain proper food temperatures. f. The City agrees to provide condiments, beverages (other than milk and beverage provided as a part of the nutritional meal requirements), an( Page 3 of 10 0 0 cutlery, service utensils, trays and other non-dietary items not specifica otherwise stated to be the Contractor's responsibility. g. The City shall provide monthly participant meal evaluations. ME assessments shall be conducted by the City on an on-going basis. TI Contractor shall work with the City to comply with reasonable requests 1 changes in food type, preparation method and quality. 3. CARLSBAD NUTRITION COUNCIL INPUT Both parties agree that the Carlsbad Nutrition Project Council shall review a comment on menus. The City has the option of naming two (2) Project Cour members who will assist the Contractor in bi-annual menu preparation. 4. FEES TO BE PAID TO CONTRACTOR Total fees paid shall not exceed $2.50 per meal for congregate meals, $2.70 1 meal for home meals and $2.70 for frozen home meals. No other compensation services will be allowed except those items covered by supplemental agreemel per Paragraph 5, "Changes in Work." Changes in compensation due to signific; changes in food costs, if any, shall be processed in this manner. The City shall I be required to pay for food or service not meeting the specifications discussec' this contract and referenced documents. Food may be procured by the City fr alternate sources at the Contractor's expense if the Contractor fails to deliver me or portions of meals. The closure date for each monthly invoice will be the last day of each mor Invoices from the Contractor shall be submitted in accordance with City forma the City's assigned project manager no later than the 5th day of each montf: payments will be delayed. Payments will be mailed by the City on the third Fric of each month. 5. CHANGES IN WORK If, in the course of the contract, both parties agree that a change in the conditic of the contract is warranted, either party may request a change. Such chant shall be processed by the City in the following manner: If the contractor is maE the request, a letter outlining the required changes, including a statemen estimated changes in costs, shall be delivered to the City. A suppleme1 agreement shall be prepared by the City and approved by the City according to procedures described in Carlsbad Municipal Code Section 3.28.1 72. S Page 4 of 10 0 e supplemental agreement shall not render ineffective or invalidate portions of tl agreement not ammended. 6. DURATION OF CONTRACT This Contract shall be in effect for a period of one year from the date of executic The contract may be extended by mutual agreement upon satisfactory performan for three (3) additional one (1) year periods or portions thereof, based upon ti City's needs. 7. CONTRACTOR RESPONSIBLE FOR UNFORESEEN CONDITIONS The Contractor shall be responsible for all loss or damage arising out of the natl of the work or from the action of the elements or from any unforeseen difficulti which may arise or be encountered in the performance of the work prior acceptance by the City. However, the Contractor shall not be responsible reasonable delays in the completion of the work caused by acts of God, storl weather, unanticipated extra work, or matters which the specifications expres stipulate will be borne by City. 8. IMMIGRATION REFORM AND CONTROL ACT Contractor certifies that it is aware of the requirements of the Immigration Ref0 and Control Act of 1986 (8 USC Sections 1 I01 -1 525) and has complied withand T continue to comply with these requirements, including, but not limited to, verify the eligibility for employment of all agents, employees, subcontractors, i Contractors that are included in this Contract. 9. INDEMNIFICATION Contractor shall assume the defense of, pay all expenses of defense, and indemr and hold harmless the City, and its officers and employees, from all claims, lo damage, injury and liability of every kind, nature and description, directly indirectly arising from or in connection with the performance of the Contractor work; or from any failure or alleged failure of Contractor to comply with : applicable law, rules or regulations including those relating to safety and hea except for loss or damage which was caused solely by the active negligence of' City; and from any and all claims, loss, damages, injury and liability, howsoever same may be caused, resulting directly or indirectly from the nature of the N covered by the Contract, unless the loss or damage was caused solely by the ac negligence of the City. The expenses of defense include all costs and expen including attorneys fees for litigation, arbitration, or other dispute resolution mett- Page 5 of 10 0 0 IO. INSURANCE Contractor shall procure and maintain for the duration of the contract insuran against claims for injuries to persons or damage to property which may arise frc or in connection with the performance of the work hereunder by the Contractor, t agents, representatives, employees or subcontractors. Said insurance shall me the City's policy for insurance as stated in Resolution No. 91-403 (attached). (A) COVERAGES AND LIMITS - Contractor shall maintain the types coverages and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for boc injury and property damage. If the policy has an aggreg; limit, a separate aggregate in the amounts specified shall established for the risks for which the City or its ager officers or employees are additional insureds. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injl and property damage. In addition, the auto policy must co' any vehicle used in the performance of the contract, us onsite or offsite, whether owned, non-owned or hired, z whether scheduled or non-scheduled. The auto insurar certificate must state the coverage is for "any auto'' and can be limited in any manner. 3. Workers' ComDensation and Employers' Liabilitv Insurance: Workers' compensation limits as required by the Labor Cc of the State of California and Employers' Liability limits $1,000,000 per incident. Workers' compensation offered the State Compensation Insurance Fund is acceptable to City. (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policiez insurance required under this agreement contain, or are endorsed contain, the following provisions. General Liability and Automobile Liab Coverages: I. The City, its officials, employees and volunteers are to be coverec additional insureds as respects: liability arising out of activi performed by or on behalf of the Contractor; products and compk operations of the contractor; premises owned, leased, hirec Page 6 of 10 e e borrowed by the contractor. The coverage shall contain no spec limitations on the scope of protection afforded to the City, its officia employees or volunteers. 2. The Contractor's insurance coverage shall be primary insurance respects the City, its officials, employees and volunteers. A insurance or self-insurance maintained by the City, its officia employees or volunteers shall be in excess of the contract0 insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall I affect coverage provided to the City, its officials, employees volunteers. 4. Coverage shall state that the contractor's insurance shall ap separately to each insured against whom claim is made or suii brought, except with respect to the limits of the insurer's liability. (C) "CLAIMS MADE' POLICIES - If the insurance is provided on a "claims ma( basis, coverage shall be maintained for a period of three years following 1 date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by t agreement shall be endorsed to state that coverage shall not be suspend voided, canceled, or reduced in coverage or limits except after thirty ( days' prior written notice has been given to the City by certified mail, ret receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - I deductibles or self-insured retention levels must be declared to z approved by the City. At the option of the City, either: the insurer SI reduce or eliminate such deductibles or self-insured retention levels respects the City, its officials and employees; or the contractor shall proc a bond guaranteeing payment of losses and related investigation, Cli administration and defense expenses. (F) WAIVER OF SUBROGATION -All policies of insurance required under i agreement shall contain a waiver of all rights of subrogation the insurer r have or may acquire against the City or any of its officials or employee (G) SUBCONTRACTORS - Contractor shall include all subcontractors insureds under its policies or shall furnish separate certificates Page7 of 10 0 0 endorsements for each subcontractor. Coverages for subcontractors sh: be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure that have a rating in Best's Key Rating Guide of at least A-:V, and ar authorized to do business within the State of California and are included the official publication of the Department of Insurance of the State California as allowed under the standards specified in by the City Counc Resolution No. 91403 . (I) VERIFICATION OF COVERAGE - Contractor shall furnish the City wi certificates of insurance and original endorsements affecting coveral required by this clause. The certificates and endorsements for ea( insurance policy are to be signed by a person authorized by that insurer bind coverage on its behalf. The certificates and endorsements are to be a form received and approved by the City before work commences. (J) COST OF INSURANCE - The Cost of all insurance required under tt agreement shall be included in the Contractor's bid. I I. AFFIRMATIVE ACTION Contractor certifies that in preforming under the purchase order awarded by the C of Carlsbad, it will compiy with the County of San Diego Affirmative Action Progr: adopted by the Board of Supervisors, including all current amendments. 12. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies d thereunder without the prior written consent of the City. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor's o way as an independent contractor and in pursuit of Contractor's independc calling, and not as an employee of the City. Contractor shall be under the coni of the City only as to the result to be accomplished, but shall consult with the C as provided for in the request for proposal. The Contractor is an independent contractor of the City. The payment made to * Contractor pursuant to the contract shall be the full and complete compensatior which the Contractor is entitled. The City shall not make any federal or state Page 8 of 10 e 0 withholdings on behalf of the Contractor. The City shall not be required to pay a1 workers' compensation insurance on behalf of the Contractor. The Contract agrees to indemnify the City for any tax, retirement contribution, social securil overtime payment, or workers' compensation payment which the City may t required to make on behalf of the Contractor or any employee of the Contractor f work done under this agreement. 14. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) da written notice to the other party. In the event of such suspension or terminatic upon request of the City, the Contractor shall assemble the work product a deliver said product to City, along with all paperwork put in order for proper fili and closing. In the event of termination, the Contractor shall be paid for wc performed to the termination date; however, the total shall not exceed the f payable under paragraph 4. The City shall make the final determination as to t portions of tasks completed and the compensation to be made. 15. DISPUTES If a dispute should arise regarding the performance of work under this agreeme the following procedure shall be used to resolve any question of fact interpretation not otherwise settled by agreement between parties. Su questions, if they become identified as a part of a dispute among persons operat' under the provisions of this contract, shall be reduced to writing by the principa the Contractor or the City Purchasing Officer. A copy of such documented displ shall be forwarded to both parties involved along with recommended methods resolution which would be of benefit to both parties. The City Purchasing Offic or principal receiving the letter shall reply to the letter along with a recommenc method of resolution within ten (IO) days. If the resolution thus obtained unsatisfactory to the aggrieved party, a letter outlining the dispute shall forwarded to the City Council for their resolution through the Office of the C Manager. The City Council may then opt to consider the directed solution to i problem. In such cases, the action of the City Council shall be binding upon 1 parties involved, although nothing in this procedure shall prohibit the part seeking remedies available to them at law. 16. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in : Contract shall be deemed to be inserted herein and included herein, and if, throt mistake or inadvertence, any such provision is not inserted, or is not corre Page9 of 10 0 e inserted, then upon application of either party, the Contract shall forthwith I amended to make such insertion or correction. 17. ADDITIONAL PROVISIONS Any additional provisions of this agreement will be set forth as "General Provisior or "Special Provisions" attached hereto and made a part hereof. In witness whereof, the parties hereto have set their hands the day and year first abo written: CONTRACTOR: Cn-7 OF \I\m .- (?-A (Name of Contractor) (-3 By: L .)c-.l I- <- (Si& Here) ' TAMES l- BRTER (Print Name Here) ATTEST: ?Aw= fhMMuNIdm6. k t. I&- (Title and Organization of Signatory) ALETHA L. RAUTENKRANZ City Clerk Approved as to Form RONALD R. BALL CityEd . ~ ~, By: mity Attorney 8. 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