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. Id. 9 f-,
Page 10 of IO