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HomeMy WebLinkAboutResolution - 2005-R0148 - Contract - Aramark Educational Services Inc. - Meal Services - 04_14_2005Resolurion No. 2005-R001 t April 14, 2 0'� Item` RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for meal service for senior citizen centers, by and between the City of Lubbock and Aramark Educational Services, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council: Passed by the City Council this 14th day of April , 2005. ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Randy Truesdefl Director of Community Services APPROVED AS TO FORM: ohn M. Knight, Aa9T'stant Cry Attorney gs/ccdocs/res-Contract-Aramark Educational Services.res April 4, 2005 mum STATE OF TEXAS COUNTY OF LUBBOCK FOOD SERVICE CONTRACT ITB #05-027-MA, Meal Service for Senior Citizens Centers Resolution No. 2005-RO 148 This contract, (the "Contract"), effective as of April 3, 2005, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and ARMARK Educational Services, Inc, (the "Contractor") whose principal place of business is Philadelphia. Pennsylvania . WITNESSETH WHEREAS, the City requires a contractor to procure and prepare meals for the Lubbock Senior Citizen Meal Program; and WHEREAS, the Contractor is a qualified food service contractor; and WHEREAS, the City desires to contract with Contractor to furnish meals for the Lubbock Senior Citizen Meal Program; and NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Contract, the City and Contractor hereby agrees as follows: 2006. ARTICLE I TERM The term of this Contract commences on the Effective Date and continues without interruption until April 2°d, ARTICLE II COMPENSATION Contractor shall be paid in accordance with Exhibit A, attached hereto, and made a part of this Contract. ARTICLE III TERMINATION A. Termination Without Cause. Either party may terminate this Contract at any time upon ninety- (90) days' prior written notice to the other of the intention to terminate this Contract. B. Termination For Cause. In the event either party breaches a material provision hereof ("Cause"), the non -breaching party shall give the other party notice of such Cause. In the event the Cause is remedied within ten (10) days in the case of failure to make payment when due or ninety (90) days in the case of any other Cause, the notice shall be null and void. If such Cause is not remedied within the specified period, this Agreement shall terminate upon the expiration of such remedy period. The rights of termination referred to in this Contract are not intended to be exclusive and are in addition to any other rights available to either party at law or in equity. ARTICLE IV REPRESENTATIONS AND WARRANTIES A. Existence. Contractor is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. 05--027-MA.doc 19 ITB #05-027-MA, Meal Service for Senior Citizens Centers B. Corporate Power. Contractor has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Contractor. This Contract constitutes legal, valid, and binding obligations of the Contractor and is enforceable in accordance with the terms thereof. D. Contractor. Contractor maintains a professional staff and employs, as needed, other qualified specialists experienced in furnishing meals, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner and comply with all laws, rules, and regulations, both state and federal, relating to furnishing meals, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the party of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. ARTICLE V SCOPE OF WORK A. General. Contractor shall furnish meals, as requested by City, for the Lubbock Senior Citizens Meal Program. The Contractor shall maintain food preparation facilities in a sanitary condition at all times, employ and train food service employees, use standard food cost control methods, furnish supervisory personnel in setting up and maintaining the operation at a high standard, do all buying and record -keeping, including payrolls. B. Locations. All meals shall be prepared and delivered by Contractor to several sites designated by City in the City of Lubbock. See Exhibit B, attached hereto, and made a part of this Contract. City will notify Contractor by 3:30 p.m. how many meals are required for the following day at each location. C. Meal Schedule. Lunch shall be from noon to 1:00 p.m. The lunch meal shall be provided Monday through Friday, with the exception of designated holidays. See Exhibit C, attached hereto and made a part of this Contract. D. Food Duality Standards. 1. Food used in the preparation of meals shall meet the following minimum standards. a. Canned fruits and vegetables shall be USDA Grade A or Fancy. b. Fresh fruit and vegetables shall be U.S. Fancy, U.S. No. 1 or better. c. Eggs and dairy products shall be USDA Grade A or better. Lowfat (2%) milk shall be used. d. Pork shall be No. 1 and tender with a minimum of fat. e. Poultry shall be USDA Grade A. Serving portion shall include a breast and a wing, leg or thigh. Chicken quarters shall come from a 2 and 1/2 lb. or larger chicken to provide 3 oz. cooked meat. If chicken quarters are served the pan must contain 50% white meat and 50% dark meat. f. Ground beef shall be USDA Grade Utility or better with a maximum fat content of 20% and a maximum textured vegetable protein content of 7%. Roast beef shall have no more than 7% filler. g. No salt or pepper shall be added to the food during preparation. Iodized salt shall be available and black pepper for seasoning during food consumption. h. All foods shall be prepared from Standardized Recipes to ensure consistent quality. i. Contractor shall preserve the nutritional value and safety of food when purchasing, receiving, preparing and delivering to the designated sites. 05--027•MA.doc 20 ITB #05-027-MA, Meal Service for Senior Citizens Centers j. Contractor shall ensure that meals are delivered to the meal sites at proper temperature: hot food shall be 140 degrees Fahrenheit or higher, cold food at 40 degrees Fahrenheit or lower and frozen food is to be at 32 degrees Fahrenheit or lower. Contractor shall use proper transport equipment to maintain the necessary holding temperatures. k. Meals shall consist of the following: 3 oz. cooked serving of protein obtained from the entree, 2 1/2 cup serving of vegetables and fruits, 1 serving of bread, 1 serving of margarine, 1 1/2 cup serving of dessert, and 1 1/2 pint serving of 2% milk. 1. Contractor shall provide condiments and "extras" suitable for elderly consumers. in. Contractor shall ensure that the overall appearance of the meals must meet or exceed commercial food service standards, including the food's color, odor and taste. Specifications to certify the above mentioned minimum quality standards shall be on file in Contractor's kitchen for review by City. Product specification of new menu items shall accompany the menu packet for review and approval by City. E. Inspection. City may inspect Contractor's food service facilities, at any time, to determine compliance with this Contract. City may, at the Contractor's expense, have food analyzed at a laboratory to determine compliance with specifications. In the event food analyzed is determined to be in compliance with specifications the City shall reimburse Contractor for the laboratory expenses. F. Menu. All meals should meet or exceed the one-third daily -recommended allowance for people age 60 or older. Each menu cycle, with complete analysis, shall be submitted to Contractor not less than thirty (30) days prior to implementation for the Contractors review. See sample document. All meals shall be served as planned. When substitutions are unavoidable, a written request shall be mailed to City for approval prior to implementation. Menus shall be jointly reviewed and agreed upon quarterly by City and Contractor. G. Reports. Contractor shall submit a quarterly self -assessment report to City. The self -assessment report shall address the following: consumer satisfaction, transport vehicles, condition of transporting equipment, meal shortages, deficiencies from previous reports, temperature or quality refusals of food and any other information requested by City. H. Special Requests. City shall give Contractor five (5) days notice when City desires a box lunch or holiday gift pack. ARTICLE VI INSURANCE CONTRACTOR'S INSURANCE The Contractor shall not continence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. 05--027•MA.doc 21 ITB #05-027-MA, Meal Service for Senior Citizens Centers Contractor's and subcontract insurance polices through policy endorsement must include wording, which states that the policy shall be primary with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must reflect that the above wording is included in evidenced policies. In the event the contractor will not have work done on this project by a subcontract, a statement to that effect should be submitted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000,000.00 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability B. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; $1,000,000.00 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. C. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. D. Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000 will be included with the certificate ARTICLE VII INDEMNITY To the extent allowable by the laws of the State of Texas, Contractor and City shall defend, indemnify and hold each other harmless from and against all claims, liability, loss and expense, including reasonable collection expenses, attorney's fees and court costs which may arise because of the negligence, misconduct, or other fault of the clause shall survive termination of the Contract. 05--027-MA.doc 22 ITB #05-027-MA, Meal Service for Senior Citizens Centers ARTICLE VIII INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. ARTICLE IX EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. Any such agents, contractors, or third parties retained and/or employed by Contractor shall be required to carry, for the protection and benefit of the City and Contractor and naming said third parties as additional insured, insurance as described in Article VI Insurance of this Contract. ARTICLE X COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE XI CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE XII NOTICE A. General. Whenever notice from contractor to City or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. Contractor's address and numbers for the purpose of notice are: ARAMARK Educational Services, Inc. CIO Lubbock Christian university 5601 19" Street Lubbock, Texas 79407 Telephone: (972) 462-6011 Facsimile: (972) 462-6053 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Johnny McLellan P.O. Box 2000 1010 9'h Street 05--027-MA.doc 23 ITB #05-027-MA, Meal Service for Senior Citizens Centers Lubbock, TX 79457 Telephone: (806) 775-2678 Facsimile: (806) 775-2686 D. Chanee of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15`s day after such notice is effective. ARTICLE XIII PURCHASING/INVENTORY ARMARK Educational Services. Inc shall purchase and pay for all food, supplies and services utilized for the food services to be provided by ARMARK Educational Services, Inc under this Contract. ARTICLE XIV MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. Contractor shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. D. Assienability. This Agreement may not be assigned by either party without the written consent of the other party, except that Contractor may, without prior approval and without exoneration of any of its responsibilities, assign this Agreement to any affiliate or wholly -owned subsidiary. E. Successor and Assisns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. I. Entire Agreement. This Contract, including Exhibits A, B, and C hereto, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. 05--027-MA.doc 24 ITB #05-027-MA, Meal Service for Senior Citizens Centers EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ARAMARK EDUCATIONAL SERVICES, INC. f- W. MCNEACE, REGIONAL VICE At It,JI: Rebe ca Garza City Secretary APPROVED AS TO Director of Comitnunity Services APPROVED AS TO FORM: J Knight Assistant City Attorney 05--027-MA.doc 25 ITB #O5-027-MA, Meal Service for Senior Citizens Centers EXHIBIT A COMPENSATION Contractor shall provide an estimated 66,500 (more or less )hot meals during the term of the Contract for S 52.45 per meal. A. Wine. No later than fifteen (15) days after the end of each Accounting period, Contractor shall submit to City an invoice for amounts due. City shall pay the invoiced amount within thirty (30) days after the invoice date and shall pay interest on any amount not paid when due at the rate of one and one-half percent (1.5%) each month from due date until paid. B. Accountine Periods. "Accounting Periods" shall be defined as the two (2) Accounting Periods of four (4) weeks each and one (1) Accounting Period of five (5) weeks occur each quarter. 05--027-MA.doc 26 ..F ITB #05-027-MA, Meal Service for Senior Citizens Centers EXHIBIT B MEAL SITES Lubbock Senior Center, 2001 191h Street Maggie Trejo Supercenter Senior Center, 3200 Amherst Mae Simmons Sr. Senior Center, 23`d and Oak Copper Rawlings Senior Center, 40`h and Ave B Homestead Senior Center, 5401 561h Street 05--027-MA.doc 27 Im ITB #0"27-MA, Meal Service for Senior Citizens Centers "EXHIBIT C" OFFICIAL CITY HOLIDAYS New Year's Day Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Friday After Thanksgiving Christmas Day Day After Christmas 05--027-MA.doc 28 ACORC(,, CERTIFICATE OF INSURANCE ISSUE DATE (MM/DDIYY) 4/18/2005 UNatee Uxo/as PRODUCER Willis 1835 Market Street, Suite 2700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Philadelphia, PA 19103 tel: 215-825-3670 fax: 215-825-3661 COMPANIES AFFORDING COVERAGE email: sarah.sachsQwillis.com LETTER A ACE American Insurance Company ETTERp y CERTCODE: OOlA-LUB1 i LOETTERY B Indemnity Ins. Co. of North America INSURED ARAMARK EDUCATIONAL SERVICES, INC. — ARAMARK CORPORATION ITS DIVISIONS & SUBSIDIARIES LEETTERY C LEETTTPEPR D ARAMARK TOWER 1101 MARKET ST., 30TH FLOOR PHILADELPHIA, PA 19107 COMPAN— LETTER Y E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR`CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OR SUCH POLICIES, LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY EXPIRATION EFFECTIVE DATE DATE (MWDD/YY) LIMITS GENERAL LIABILITY BODILY INJURY OCC. A X COMMERCIAL GL FORM HOOG21707570 10/1/2004 10/1/2005 BODILY INJ AGG. _ s X j PREMISES/OPERATIONS UNDERGROUND EXPLOSION 8 f X . COLLAPSE HAZARD PROPERTY DAMAGE OCC. S PROPERTY DAMAGE AGG. S 81 & PD COMBINED OCC. $ 1,000,000 X PRODUCTS/COMPLETED OPER BI & PD COMBINED AGG S NONE X CONTRACTUAL PERSONAL INJURY AGG. S X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE PERS.INJ.000. 1,000,000 LIAB X PERSONAL INJURY INCLUDES LIQUOR LAW LIABILITY, VENDORS LIABILITY, FIRE LEGAL A AUTOMOBILE LIABILITY ANY AUTO ISAH07842739 10/1/2004 10/1/2005 BODILY INJURY (Per Person)ALL X j BODILY INJURY OWNED AUTOS (PRIV PASS) ALL OWNED AUTOS (OTHER THAN PRN) (Per Acddent) j PROPERTY DAMAGE is As X HIRED AUTOS X NON-OWNEDAUTOS GARAGE LIABILITY BODILY INJURY 14 SELF -INSURED FOR PHYSICAL DAMAGE PROPERTY DAMAGE COMBINED Is 1,000,000 X EXCESS LIABILITY EACH OCCURENCE s UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM __.__...__.__.._......._......______ ........... ....._._...___. _._..._. _ B WORKERS' COMPENSATION WLRC4398293A (AOS) 10/1/2004 10/1/2005 X STATUTORY LIMITS EACH ACCIDENT I $ 1,000,000 B A AND EMPLOYERS LIABILITY SCFC43990111 (WI) WLRC43990123 (CA) 10/1/2004 10/1/2005 10/1/2004 10/1/2005 DISEASE -POLICY LIMIT DISEASE•EACH EMPLOYEE $ 1,000,000 s 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCAMONSNEHICLESISPECIAL ITEMS -WHERE APPLICABLE, SEE OVERLEAF FOR ADDITIONAL INSURED COVERAGE " �Re: Bid #05-027-MA Meal services for senior citizen centers. Additional insured: The City of Lubbock With regard to auto and general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Purchasing Department 1625 13th Street, Room L04 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Lubbock, TX 79401 AUTHORIZED REPRESENTATIVE ' ARA001A LUBt ACORD 25 (7190) 0 ACORD CORPORATION 1990 CERTCODE: 001A-LUB1 ADDITIONAL INSURED COVERAGE: CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED, BUT ONLY TO THE EXTENT THAT CERTIFICATE HOLDER IS LIABLE FOR ARAMARK'S CONDUCT ARISING OUT OF ARAMARK'S OPERATIONS UNDER CONTRACT OR AGREEMENT WITH THE CERTIFICATE HOLDER. THE COVERAGE PROVIDED TO THE CERTIFICATE HOLDER HEREUNDER SHALL NOT EXCEED THE COVERAGE AND LIMITS OF LIABILITY ARAMARK HAS AGREED BY CONTRACT TO PROCURE FOR THE BENEFIT OF THE CERTIFICATE HOLDER, NOR THE COVERAGE AND LIMITS OF LIABILITY OF THIS POLICY.