HomeMy WebLinkAbout2002-02-19; City Council; Resolution 2002-0581
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RESOLUTION NO. 2002-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. ACCEPTING A PROPOSAL AND AWARDING AN AGREEMENT.
WHEREAS, the City of Carlsbad requires the services of a meal preparation contractor to
support the Senior Citizen Nutrition Program, and;
WHEREAS, proper bidding procedures have resulted in the receipt of a proposal from a qualified
contractor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows:
1. The proposal of Foodserv Management a Division of Crystal Catering, 263 Airport Road,
Oceanside California is hereby accepted.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute an
agreement for these services, a copy of which is attached hereto, for and on behalf of
the City of Carlsbad for a period of one (1) year with the option for the City Manager to
extend and amend the agreement for four (4) additional one (1) year periods.
3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for
these services.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad held on the 19th day of FEBRUARY , 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Ha1A
NOES: None
ABSENT: None
ATTEST: n &h.
L RAIN M. WOOD, City Clerk
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AGREEMENT FOR SENIOR CENTER MEAL SERVICES
FOODSERV MANAGEMENT, A DMSlON OF CRYSTAL CATERING
THIS AGREEMENT is made and entered into as of the 22 NP day of
corporation, ("City*)), and FOODSERV MANAGEMENT, A DIVISION OF CRYSTAL
CATERING, a corporation, ("Contractor").
FeBLumv , 20 __ 0 2, by and between the CITY OF CARLSBAD, a municipal
RECITALS
A. City requires the professional services of a food preparation and service
B. Contractor has the necessary experience in providing professional
C. Selection of Contractor is expected to achieve the desired results in an
D. Contractor has submitted a proposal to City and has affirmed its
contractor that is experienced in providing meals and meal service.
services and advice related to food service contracting.
expedited fashion.
willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached exhibit "A, which is incorporated by this
reference in accordance with this Agreement's terms and conditions.
2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
first above written. The City Manager may amend the Agreement to extend it for four (4)
additional one (1) year periods or parts thereof in an amount not to exceed $151.500.00
annually. Extensions will be based upon a satisfactory review of Contractor's
performance, City needs, and appropriation of funds by the City Council. The parties will
prepare a written amendment indicating the effective date and length of the extended
Agreement.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
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5. CdNlPMSATfdN
The total fee payable for the Services to be performed during the initial Agreement term
will be $3.49 Der meal for conareqate meals and $3.85 for home meals.-not to exceed
$151,500.00 annually. Payment for meals will be subject to terms and conditions stated
in Exhibit "A. No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement.
6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent
contractor and in pursuit of Contractor's independent calling, and not as an employee of
City. Contractor will be under control of City only as to the result to be accomplished,
but will consult with City as necessary. The persons used by Contractor to provide
services under this Agreement will not be considered employees of City for any
purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. City will not make any federal or
state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. City will not be required to pay any workers' compensation insurance or
unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify City within thirty (30) days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers'
compensation payment which City may be required to make on behalf of Contractor or
, any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any
balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written apDroval
of City. If Contractor subcontracts any of the Services, Contractor will be fully
responsible to City for the acts and omissions of Contractor's subcontractor and of the
persons either directly or indirectly employed by the subcontractor, as Contractor is for
the acts and omissions of persons directly employed by Contractor. Nothing contained
in this Agreement will create any contractual relationship between any subcontractor of
Contractor and City. Contractor will be responsible for payment of subcontractors.
Contractor will bind every subcontractor and every subcontractor of a subcontractor by
the terms of this Agreement applicable to Contractor's work unless specifically noted to
the contrary in the subcontract and approved in writing by City.
8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
9. INDEMNIFICATION
Except as to the sole negligence or willful misconduct of City, Contractor will defend,
indemnify and hold City, its officers, agents and employees, harmless from any and all
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loss, damage, claims, demands, liability, expense or cost, including attorney's fees,
which arises out of, or is in any way connected wifh the performance of, the Services by
Contractor or any of Contractor's employees, agents or subcontractors, notwithstanding
that City may have benefited from their services.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-
administered workers' compensation is included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
termination of the Agreement.
IO. INSURANCE
Contractor will obtain and maintain for the duration of the Aareement and any and all
amendments, insurance against claims for injuries to persons or damage to-property
which may arise out of or in connection with performance of the services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will be obtained from an insurance carrier admitted and authorized to do business in the
State of California. The insurance carrier is required to have a current Best's Key Rating
of not less than "A-:V".
10.1 Coveraaes and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. City, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits will apply
separately to the work under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liability (if the use of an automobile is involved for
Contractor's work for City). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Workers' Compensation and EmDlover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code and Employer's Liability
limits of $1,000,000 per accident for bodily injury. Workers' Compensation and
Employer's Liability insurance will not be required if Contractor has no employees and
provides, to City's satisfaction, a declaration stating this.
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70.7.4 Professional Liability, Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion of the work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are' endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General
10.2.2 Contractor will obtain occurrence coverage, excluding Professional .
Liability.
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providina Certificates of Insurance and Endorsements. Prior to City's execution
of this Agreement, Contractor will furnish certificates of insurance and endorsements to
City.
10.4 Failure to Maintain Coveraae. If Contractor fails to maintain any of these
insurance coverages, then City will have the option to declare Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at anytime,
complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement. All records will be clearly identifiable. Contractor will allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
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and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All documents produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of City. In the event this Agreement is
terminated, all documents produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to City. Contractor
will have the right to make one (1) copy of the documents for Contractor's records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City
and Contractor relinquishes all claims to the copyrights in favor of City.
15. NOTICES
,The name of the persons who are authorized to give written notices or to receive written
notice on behalf of City and on behalf of Contractor under this Agreement.
For City:
Senior Services Manager or Site
Manager
Senior Center
City of Carlsbad
799 Pine Avenue
Carlsbad CA 92008
For Contractor:
i;
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
City will evaluate Contractor's duties pursuant to this Agreement to determine whether
disclosure under the Political Reform Act and City's Conflict of Interest Code is required
of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be
determined that disclosure is required, Contractor or Contractor's affected employees,
agents, or subcontractors will complete and file with the City Clerk those schedules
specified by City and contained in the Statement of Economic Interests Form 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
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subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the performance of the Services by Contractor. Contractor will at all times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not otherwise
settled by agreement between the parties. Representatives of Contractor or City will
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be forwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (IO) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City
Manager. The City Manager will consider the facts and solutions recommended by each
party and may then opt to direct a solution to the problem. In such cases, the action of
the City Manager will be binding upon the parties involved, although nothing in this
procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services,
City may terminate this Agreement for nonperformance by notifying Contractor by
certified mail of the termination. If City decides to abandon or indefinitely postpone the
work or services contemplated by this Agreement, City may terminate this Agreement
upon written notice to Contractor. Upon notification of termination, Contractor has five
(5) business days to deliver any documents owned by City and all work in progress to
City address contained in this Agreement. City will make a determination of fact based
upon the work product delivered to City and of the percentage of work that Contractor
has performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding City will determine the final payment of the Agreement.
6 City AHomey Approved Version #05.22.01 7
Either party upon tendering thirty (3U) days written notice to the other party may
terminate this Agreement. In this event and upon request of City, Contractor will
assemble the work product and put it in order for proper filing and closing and deliver it
to City. Contractor will be paid for work performed to the termination date; however, the
total will not exceed the lump sum fee payable under this Agreement. City will make the
final determination as to the portions of tasks completed and the compensation to be
made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City will have the right to annul
this Agreement without liability, or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover, the full amount of the fee, commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
City must be asserted as part of the Agreement process as set forth in this Agreement
and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to City, it may be considered fraud and
Contractor may be subject to criminal prosecution. Contractor acknowledges that
California Government Code sections 12650 et sea., the False Claims Act applies to
this Agreement and, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the .truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debarment
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public work or improvement for a period of up to five (5) years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of California, and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
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24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and
Contractor and their respective successors. Neither this Agreement or any part of it nor
any monies due or to become due under it may be assigned by Contractor without the
prior consent of City, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it, along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the terms of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
If required by City, proper notarial acknowledgment of execution by contractor
must be attached. If a Corporation, Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer@) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: &&&k f/. H#y&
Deputy City Attorney
9 City Attorney Approved Version #05.22.01
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before me,
NIME. TlTLE OF OFFICER. E.G.. ‘JANE DOE. &TAW PUBLIC
personally appeared kt?, 167 1 . k?.~Op fd. L%PP?P, x . ~WA ~ ’3
HE($ OF SIGNERIS)
0 personally known to me - OR - tote on the basis of satisfactow evtence
to be the person(s) whose nam;(s) ie
subscribed to the within instrument and ac-
knowledged to me that helshewexecuted
the same in hislherlm authorized
capacity(ies), and that by hislherlm
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seah
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
mls)
PARTNER(S) 0 LlMmD
0 ATTORNEY-IN-FACT 0 TRUSTEE(S)
GUARDlANlCONSERVATOR 0 OTHER:
0 GENERAL
NUMBER OF PAGES
DATE OF DOCUMENT
SQNER IS REPRESENTING ~Ec4=PE~~oRmm)
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
SCOPE OF SERVICES
1. The Contractor will create menus that comply with specifications herein
and attached. The Contractor shall assure that all meals meet the
standards of Title 111 of the Older Americans Act, and Nbtritional
Guidelines of the County of San Diego Aging and Independence Services
(A.I.S.). Contractor will comply fully with all requirements of the California
Department of Aging Program Manual including the two sections attached
hereto. All menus must be written in at least four week cycles and
submitted to an A.I.S. nutritionist at least two weeks before they are to be
used. Only menus approved by this nutritionist are to be used as a guide
to meal preparation with the exception of deviations as discussed in
paragraph (k) below.
2. The Contractor will prepare approximately 150 congregate meals per
day Monday through Friday except on holidays designated by the City.
The City will give an exact number for daily preparation. Meals per day
may increase to approximately 250 meals per day for Thanksgiving,
Christmas and other special events. The City will be charged $3.49 per
meal for congregate meals. The number of requested meals may be
below these numbers.
3. The Contractor will prepare approximately 45 home meals per day to
be provided Monday through Friday; The City will be charged $3.85 for
home meals. The number of requested meals may be below these
numbers.
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4. The Contractor will provide both individual home meals in disposable,
one-time-use meal containers, with covers. The contractor will provide
these containers. The containers must keep different food items separated
(e.g., using tray compartments), and allow for sanitary transport of food.
5. The Contractor shall comply with all federal, state, and local laws and
regulations governing the preparation and handling of food; and procure
and keep in effect all necessary licenses, permits and food handlers' cards
required by law; and post such licenses, permits and cards in a prominent
place within the meal preparation areas.
6. The Contractor shall make all meals for the day available for pick-up by
the City no later than 1O:OO a.m. at the Contractor's facility. If the meals
are to be delivered by the Contractor, they shall arrive at the City's location
no later than 10:30 a.m. The delivery location is: City of Carlsbad Senior
Center, 799 Pine Avenue, Carlsbad California. Exceptions must be
mutually agreed upon, by both the City and the Contractor before changes
are made regarding delivery. If the Contractor delivers food to the City, the
vehicle used will be pre-approved by City personnel for suitability. In any
case, the Contractor is responsible for delivering items to the City that
were omitted or shorted immediately after the error is noticed by the City.
7. The Contractor shall be responsible for ordering, purchasing, and
paying for raw food items and consumable supplies to be used in the
preparation of all meals. Food preparation shall occur at the Contractor's
site and under supervision of Contractor's employees. Contractor will not
deliver over-cooked or under-cooked food items. Fresh or frozen
vegetables will be cooked only to the point of tenderness at time of
delivery to the City. All vegetables served as side dishes will be USDA
Grade A (fancy). Fresh fruit will be served at least once a week.
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8. Contractor will prepare a quantity of food necessary to assure that
shortages do not occur due to minor serving errors. The size of serving
portions necessary to meet nutritional requirements will be communicated
to the City with each meal.
9. The Contractor will allow the City and the A.I.S. to have access to the
Contractor's purchase documents and records, as well as food
preparation, packaging and storage areas to determine the adequacy of
the Contractots purchasing, nutrition, and sanitation practices regarding
meals provided under this contract.
IO. The Contractor shall comply with all applicable federal, state and local
laws and regulations pertaining to wages and hours of employment.
1 1. The Contractor shall report any deviations from the approved menu to
the City Project Manager and the A.I.S. no later than one week before the
unapproved meal is prepared, whenever possible. Menu item
substitutions must be approved by the City but are negotiable. The
Contractor will maintain the capability to accept occasional menu changes
from the City with a minimum of a one-week notice.
12. The Contractor and City shall jointly maintain a temperature record
documentation system and said temperature record will be implemented
and maintained to insure sanitary and safe food handling procedures.
13. The Contractor will supply information to the City for project reports as
needed (e.g., actual labor costs and raw food costs).
14. The Contractor will replace, with like kind, or pay for replacement of,
all City owned equipment used for food service that is lost or damaged,
excluding normal wear and tear, due to Contractor's actions.
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15. Contractor bonding requirements will be waived for this contract.
16. Additional requirements are found in the attachments titled "147.8
Menu Requirements" (excluding paragraph f, subparagraphs 2, 3 & 4; and
paragraph g, subparagraphs 2 & 3) and "149 Food Service Subcontract
Provisions".
17. Contractor certifies that in performing under the purchase order
awarded by the City of Carlsbad, it will comply with the County of San
Diego Affirmative Action Program adopted by the Board of Supervisors,
including all current amendments.
18. The Contractor and the City will work to establish a 6-week menu
rotation schedule.
19. The Contractor and the City will work to schedule menus up to 6
months in advance. This includes those special meals (e.g., holiday and
special event meals) that can be predicted. Non-scheduled special event
meals will be planned, and the per-meal cost negotiated, on a case-by-
case basis. The Contractor will allow for occasional menu changes by the
City due to diner preferences, food preparation or service difficulties, etc.
20. Menu items that are part of the approved normal menu rotation will be
standardized as to menu item name, ingredients used, preparation
method and manner in which delivered to the City. All meals delivered on
any one day will have identical ingredient items.
21. The City and Contractor will work together to approve new menu
items and changes in current menu items that will be added to the menu
rotation. The Contractor shall provide to the City for all new menu items
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under consideration: ingredients, preparation method, serving method
and proposed packaging for delivery. New menu items must be approved
by the City before their use.
22. At the time of meal transfer to the City, the City will account for the
items delivered and sign a Contractor provided receipt for those items.
Discrepancies will be noted on the receipt form by the City. Only large
containers will be counted (e.g.. pans, trays, cases, boxes, packages). A
detailed inventory will not be conducted (e.g., number of servings, number
of milk cartons, number of rolls). Each menu item will be listed as a
separate line item, (e.g., “salad with dressing on the side” will be listed as
“salad” and ”dressing”). The City shall not be required to Dav for food or
service not meetinq, in the City’s oDinion. the sDecifications discussed in
this contract, referenced documents and amroved menus. Substandard
meals mav include, but are not limited to. under-sized Dortions. missinq .
items, over-cooked items, Door qualitv food items, and burnt food. Food
may be Drocured bv the City from alternate sources at the Contractor’s
expense if the Contractor fails to deliver meals. portions of meals or
suitable meals. The City has the riaht to deduct from fees paid to the
Contractor the cost of food and DreDaration necessaw to replace these
meals. Even if deductions are made for missing or substandard meals,
these situations are considered unacceDtable.
23. . The City shall provide two (2) sets of containers suitable for delivery
of congregate meals and so that they may be rotated with a clean set
returned by the City each day to the Contractor for the preparation of
future meals. All such containers will be the property of City.
24. The City shall provide a driver and vehicle for pick up of the food and
its delivery to the City, as well as any devices necessary to insure
adequate sanitary practices for handling the food in transit.
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25. The City shall notify the Contractor of any variation from the current
menu no less than one week before the meals are to be served.
Contractor shall work with the City to comply with reasonable special
menu requests for special events. A "Special Event" meal schedule will be
provided to the Contractor that may include specific meal items. Prices for
and availability of unplanned meals (meals not on the normal'rotation or
on the special event list) will be negotiated with the contractor. The
Contractor may assume that menu variations received from the City have
been approved by the A.I.S. nutritionist. If the Contractor determines that
they cannot comply with the menu change, the reason for non-compliance
will be communicated to the City within 24 hours after receipt of the
request. A subsequent negotiation between both parties will take place to
reach a reasonable compromise.
26. Since the number of meals to^ be served changes daily, the City will
telephone the Contractor the day before the meals are served to notify the
Contractor of the approximate number of each type of meal needed. If
more than 200 meals are to be served, the City will try to give the
Contractor a minimum of three days notice. The City will inform the
Contractor of the final count by 9:00 AM on the day of service. The final
count will be within 10% of the estimated count.
27. The City will provide home delivered meal transport containers to hold
individual meal containers and maintain proper food temperatures.
28. The City agrees to provide beverages (not including milk and any
beverage provided as a part of the nutritional meal requirements), and all
cutlery, service utensils, trays and other non-dietary items not specifically
otherwise stated to be the Contractor's responsibility. All condiments
15 City Attorney Approved Version #05.22.01 17
normally associated with food items to be served will be provided by the
Contractor and be shown on menus submitted to the City for approval.
29. Meal assessments shall be conducted by the City on an on-going
basis. The Contractor shall work with the City to comply with reasonable
requests for changes in food type, preparation method 'and quality.
Records will be maintained by City staff documenting the quality of food
and service received from the Contractor. These records will be made
available to the Contractor upon request.
30. Both parties agree that the Carlsbad Nutrition Project Council shall
review and comment on menus. The City has the option of naming two
(2) Project Council Members who will assist the Contractor in quarterly
menu preparation.
16 City Attorney Approved Version AQ5.22.01 JJ
H-22
147.8 (cont.)
(rev. 1/13/95)
IC) Meat altcmatlves may be used once per week or In
. accordance wlth the partldpant's food preferences. Meal altcrnatlvcs include cooked. dried beans. peas. lentlls. nuts. nut butter (peanut butter and others). or products made from the foods.
3. Each meal shatl contain at least .two 12) one-half cup snvlngs.
dralncd weight or volume. of dlIrumt vegetables or frulls or thew
jUlCCees:
R-23 1995
147.8 Icont.)
E-24 1995
147.8 (coot.1
3. NutrlUon providers shall mure that approp-te actlon Is taken when an lndMdual conslstently declmes menu .Items 2 or more umes per week. Such action shall tnclude:
tb) The srrvia~ are undu the .superv(s~on of a program . dleUUan as ddtncd in Subsection 145.3 b.:
E-26 lQQ5
IC) Assessment of the partlapant by the program dletltlan validates the need and the partlclpant's abUIty to remab on the therapeutic dlet for meals not supplied by the pmYdcK and
(d) Reassessment of need by the program dletltlan shall be detumlned no less than every SIX months. and lt Is
ncommendcd that It be done quarterly.
4. Each pmvldcr shall have a current dlct manual approkd by their cueuuaIlortheAMdIetlllanuthaapeutlcdlletsarc med.
H-37 1095
(rev. I/ 13/95]
b. Menus
1. Wtittm by whom
2. CrrllRcdbyWhom
c Sanitallon
1. Compliance ivlth fedeial. State. and local rcgulntlons and pmvislom of Subaccllosl147
2. Rparatlon facElly inspected by the local health depamnt annually
3. lnspectlonby~.ofroodprrparptlon.pa~and~~
for redd. state or- audlt/~ent purposes areas prior to srgnlng contract and whmcrrrrnecessa~LberraICer
4. Fwd handllngpraellccs
5. Maintenance and ~monltorlng of appropmte temperatures throughout storage. prcparatbn, and dellvery shall be done. Documentation d tanpatun checks shall be kept on Rle and prwldcd for rnanltcnmg.
E-38
H
199s
Ircv. 1/15/95)
d Food
E-39
33
199s
140.6 (cont.)
8-40
3. I
1995
AMENDMENT NO. 1 TO AGREEMENT FOR SENIOR CENTER MEAL SERVICES
FOOUSERV MANAGEMENT; A UMSlON OF CRysrz\L CATERfNG
This Amendment No. 1 is entered into and effective as of the JZrJp day of
“Agreement“)’ by and between the City of Carlsbad, a municipal corporation, (“Cit)”), and
, 2002, amending the agreement dated Fe6. 32 ,AWL (the
FOODSERV MANAGEMENT, A DIVISION OF CRYSTAL CATERING, (“Contractor”)
(collectively. the “Parties”) Senior Center meals senices.
(r
RECITALS
A. The Parties desire to alter the Agreement‘s scope of work related to auto liability
insurance requirements; and
requirements, which are attached to and incorporated by this reference as Exhibit ”A, Modified
B. The Parties have negotiated and agreed to modified auto liability insurance
Auto Liability Insurance Requirements;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
..
1. In addition to those services and requirements contained in the
Agreement, as may have been amended from time to time, Contractor will provide proof of
automobile liability insurance as described in Exhibit “A.
Exhibit “A”. 2. City will pay Contractor no additional fees for the modified requirements in
time to time, All remain in full force and effect.
3. All other provisions of the Agreement, as may have been amended from
4. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
1
City Attorney Approved Version #04.11.01
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions ofthis Amendment.
FOODSERV MANAGEMENT A
DIVISION OF CRYSTAL CATERING
' (sign hefe) ' 9
(pfyt namehitle) 'I ATTEST:
If required by City, proper notarial acknowledgment of execution by contractor must be attached. Ira CorDoration. Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman, President, or
Vice-president
"'Group 6.
Assistant Secretary,
Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: a //. M&f& L
Deputy City Attorney
2
City Attorney Approved Version #04.11.01
EXHIBIT “A
MODIFIED AUTO LIABILITY INSURANCE REQUIREMENTS
Paragraph 10.1.2 is changed to read:
10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor‘s
work for City). $500,000 combined single-limit per accident for bodily injury and property
damage.
4
City Attorney Approved Version # 05.22.01