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HomeMy WebLinkAboutResolution - 2004-R0146 - Contract For Meals Service For Senior Citzen Centers - South Plains Food Bank - 03_23_2004Resolution No. 2004-RO146 March`23, 2004 Item No. 41 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 the meals service for senior citizen centers, by and between the City of Lubbock and South Plains Food Bank, 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 23rd day of Mah Z , 2004. UGAL, MAYOR ATTEST: Reb cca Garza, aity Secretary APPROVED AS TO CONTENT: VQ` Ko-ilclalit,.t, Victor Kilma , Purchasing Manager APPROVED AS TO FORM: rohn M. Knight Assistant City Attorney gs/ccdocs/Contract-South Plains Food Bank Inc.res March 12, 2004 STATE OF TEXAS Resolution No. 2004—RO146 March 23, 2004 Item No. 41 COUNTY OF LUBBOCK § FOOD SERVICE CONTRACT This contract, (the "Contract"), effective as of April 3, 2004, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal corporation, and South Plains Food Bank, Inc. (the "Contractor") whose principal place of business is 4612 Locust Ave. 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: ARTICLE I TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. 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 Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. (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. 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 Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 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 Quality 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. 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 Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. F 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. m. Contractor shall ensure that the overall appearance of the meals must meet or exceed commercial food service standards, including the foods 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. 1. 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. 2. All meals shall be served as planned. When substitutions are unavoidable, a written request shall be mailed to City for approval prior to implementation. 3. 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. Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 4 ARTICLE VI INSURANCE A. General. Contractor shall procure and carry, at its sole cost and expense through the life of this Contract insurance protection hereinafter specified, in form and substance satisfactory to the City. City must approve all policies prior to the commencement of any activities whether performed by the Contractor, subcontractor, agents, or third parties. The insurance carrier must be an insurance company authorized to transact business in the State of Texas and have a Best's Financial rating of A:VII. A Certificate of Insurance specifying each and all coverage shall be submitted to City prior to the execution of this Contract. All insurance shall be prepared and executed by the insurance company or it's authorized agents and shall include the City of Lubbock as an additional insured with respect to the liability arising out of the performance of the South Plains Food Bank's work under the contract, except for worker's Compensation. Written notice of cancellation or will be provided thirty (30) days in advance of cancellation. All insurance, other than Workers' Compensation, shall provide a waiver of subrogation for general liability to the extent the City of Lubbock is named as an additional insured and indemnified pursuant to this Agreement, and shall contain cross liability and severability coverage. B. Required Coverage. Contractor shall obtain and maintain policies of insurance throughout the Contract term in limits specified below. 1. Workers' Compensation. The Contractor shall maintain Workers' Compensation and Employer's Liability insurance coverage as required by statute or coverage approved by the City Risk Management Coordinator. 2. Commercial General Liability. The Contractor shall maintain Commercial General Liability coverage endorsed to include premises/operations, contractual liability, independent contractors' and completed operations. The policy shall have a minimum of One Million and no/100 Dollars ($1,000,000) combined single limit per occurrence. 3. Commercial Automobile Liability. The Contractor shall maintain Commercial Automobile Liability coverage with a minimum of One Million and no/100 Dollars ($1,000,000) combined single for Bodily Injury and Property Damage and shall include any auto or in the alternative, owned autos, non -owned autos and hired autos. C. Subcontractors. The Contractor shall require each subcontractor with whom it contracts to provide activities as contemplated by this Contract, to Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 5 obtain proof of insurance coverage as set forth herein, and to provide to Contractor, prior to such person performing any such activities, a Certificate of Insurance establishing such coverage. 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 indemnifying party, its agents or employees in the performance of its obligations under the Contract. The obligations in this section are intended to be within the limits of liability found in the Texas Tort Claims Act. This clause shall survive termination of the Contract. 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. Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 6 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: South Plains Food Bank, Inc. 4612 Locust Ave. Lubbock, TX 79404 Telephone: (806) 763-3003 Facsimile: (806) 741-0850 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' Street Lubbock, TX 79457 Telephone: (806) 775-2678 Facsimile: (806) 775-2686 D. Change 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`h day after such notice is effective. ARTICLE XIII PURCHASINGANVENTORY The South Plains Food Bank shall purchase and pay for all food, supplies and services utilized for the food services to be provided by the South Plains Food Bank under this Contract. Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 7 ARTICLE XV 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. Assignability. 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 Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. 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 Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 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. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK South Plains Food Bank, Inc. AR CD UGAL, MAYOR Karl Wardroup, Director of Develop ent ATTEST: Reb*cca/Garza City Secretary APPROVED AS TO CONTENT: L'L PJL Corbin Pemberton Parks and Recreation Director APPROVED AS TO FORM: Knight Assistant City Attorney Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. Resolution No. 2004—RO146 EXHIBIT A COMPENSATION Contractor shall provide an estimated 72,000 meals during the term of the Contract for $2.30 per meal. A. Billing. 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. Accounting 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. The September Accounting Period in 2004 shall consist of six (6) weeks. Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 10 Resolution No. 2004—R0146 EXHIBIT B MEAL SITES Lubbock Senior Center, 2001 19th Street Maggie Trejo Supercenter Senior Center, 3200 Amherst Mae Simmons Sr. Senior Center, 23`d and Oak Copper Rawlings Senior Center, 40th and Ave B Homestead Senior Center, 5401 56th Street Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 11 Resolution No. 2004—RO146 EXHIBIT C HOLIDAYS New Year's Day Martin Luther King's Birthday Good Friday Memorial Day Independence Day Labor Day Thanksgiving (2 days) Christmas (2 days) as/Cityatt/John/Contracts/Food Services Contract 04-05 (Sr. Meals) -revised January 30, 2004 Food Service Contract for Senior Centers City of Lubbock & South Plains Food Bank, Inc. 12