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HomeMy WebLinkAboutResolution - 4526 - Contract - Furr's Family Dining - Senior Citizens Meal Program - 06_23_1994Resolution No. 4526 June 23, 1994 Item #20 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 by and between the City of Lubbock and Furr's Family Dining, attached hereto, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: APPROVED AS TO CONTENT: \ ylvia M inez-Flores, Manager of Community Development and Neighborhood Initiatives APPROVED AS TO FORM: bodald G. Vandiver, First Assistant City Attorney ncv:a&✓ccaocs/aFvxxs.res June 15, 1994 12qqo FOOD SERVICE AGREEMENT This Agreement is made and entered into this day by and between CITY OF LUBBOCK SENIOR CITIZENS MEAL PROGRAM, hereinafter called the "CLIENT" and FURR' S FAMILY DINING, hereinafter called the "OPERATOR." The parties agree and obligate themselves and successors and assigns as follows: The CLIENT hereby grants to the OPERATOR the exclusive right to operate as an independent contractor during the term of this agreement. I. The OPERATOR agrees to make available prepared foods to the CLIENT for the City of Lubbock Senior Citizen Meal Program, planning and service area and to procure and prepare at its own expense meals for the clients of the CLIENT during the term of this agreement. The term of this agreement shall commence on the first day of July, 1994, and shall continue through the 30th day of June, 1997. Notice to terminate given under this contract shall be deemed sufficient if given by posting same in the United States mail, postage prepaid and certified return receipt requested, to the parties herein at the following addresses: CLIENT: City of Lubbock, Purchasing Department 1625 13th Street Lubbock, TX 79401 OPERATOR: Furr's Family Dining 6001 Slide Road Lubbock, Texas 79414 W OPERATIVE PROVISIONS The operations of said food service facilities by the OPERATOR shall be upon the following terms, provisions, and conditions, and the parties hereby mutually covenant and agree as follows: The OPERATOR shall maintain food preparation facilities in a sanitary condition at all times, employ and train food service employees, employ the best known food cost control methods, furnish supervisory personnel in setting up and maintaining the operation at a high standard, do all buying and recordkeeping, including payrolls, and to insure that said preparation facilities shall be operated in a manner that will be a credit to the CLIENT. The OPERATOR shall be responsible for all costs of operation of the food preparation and service facilities or the service of meals therein except as otherwise noted, and will indemnify and hold harmless the CLIENT from any and all claims, demands, or liability on account thereof. Unless otherwise noted, all food and other supplies shall be purchased and all managers, dietitians and other personnel shall be employed by the OPERATOR in its own name and at its own expense. The OPERATOR will carry Workmen's Compensation Insurance covering all of its employees who may be employed by it for any purpose connected with the operation of said facilities and will file proof of such coverage with the CLIENT. The OPERATOR will keep full and accurate procurement records related to sales covered by the contract for a minimum of three (3) years after the end of the federal year to which they pertain. The CLIENT reserves the right to supervise and inspect the food preparation and service facilities, and the service of meals therein. IV. OPERATOR must maintain high food/meal quality standards which meet all state and federal regulations for elderly feeding programs. Food/Meal quality standards will be evaluated from the following guidelines: A. Raw food used in preparation of meals are to be of specified high quality. Canned fruits and vegetables - USDA grade A or Fancy. 2. Fresh fruits and vegetables - U.S. Fancy, U.S. No. 1 or better. 3. Eggs and dairy products - USDA Grade A or better. Lowfat milk (2%) should be used. 4. Pork - No. 1 - Pork should be tender with a minimum of fat. 5. Poultry - USDA Grade A. Chicken quarter. Serving portion should include breast and wing or leg and thigh. Chicken quarters must be from a minimum 2 1/2 lb. size bird to provide 3 oz. cooked meat. When chicken quarters are served, pan must be 50% white meat and 50% dark meat. 6. Beef - Ground beef special quality Grade USDA utility or better. Maximum fat content of 20%; maximum texturized vegetable protein allowed is 7%. Roast beef will have no more than 7% filler. 7. Salt - Iodized. No salt or pepper shall be added as a seasoning during meal preparation. Specifications to certify the above mentioned minimum quality standards must be on file in the OPERATOR's kitchen for review by the CLIENT. Product specifications of new menu items or proposed menus should accompany the menu packet to be reviewed and approved by the CLIENT. B. All foods shall be prepared from Standardized Recipes to ensure consistent quality. FOOD SERVICE AGREEMENT - Page 2 C. OPERATOR shall preserve the nutritional value and safety of food when purchasing, receiving, preparing, or delivering same. D. Meals will be delivered to meal sites at proper temperatures: Hot food to be 140 degrees Fahrenheit or higher; Cold food to be 45 degrees Fahrenheit or lower; Frozen food to be 32 degrees Fahrenheit or lower. OPERATOR is to use proper transport equipment to maintain necessary holding temperatures. E. Meals to include proper components: 3 ozs. cooked serving of protein obtained from entree; 2 1/2 cup servings 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. F. Appropriate extras (Suitable for elderly consumption). G. CLIENT satisfaction of meals - meals to be of acceptable color, odor, taste and overall appearance. V. The CLIENT reserves the right to have any item believed not to meet specifications analyzed at a test laboratory at the expense of the OPERATOR If the product is found to be in compliance with specifications, the expense will then be incurred by the CLIENT. VI. The OPERATOR will provide Comprehensive Insurance in the amount not less than $1,000,000 combined single unit including products; and Automotive Liability Insurance in the amount not less than $1,000,000 combined single unit. W" The OPERATOR shall comply with all laws, ordinances, regulations, orders, and directives of any federal, state, county, or local government or agency having jurisdiction over food preparation and service facilities or to the service of meals therein. ►ri1" Both parties hereto agree to be responsible for the actions of their own members, agents, or employees and to hold the other harmless from any damages, claims, or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this contract. Q It is understood that the management employees of the OPERATOR who will supervise the operation have been trained by the OPERATOR at substantial expense. The CLIENT FOOD SERVICE AGREEMENT - Page 3 agrees not to hire directly or indirectly, or offer employment to, or allow any other entity or concern over which it has any control to hire or offer employment to any such management employee of the OPERATOR for the purpose of any food service operation during the continuance of this contract. This provision also applies to and protects the CLIENT management staff. For any breach of this covenant, the OPERATOR may recover from the CLIENT and the CLIENT may recover from the OPERATOR, as liquidated damages, and not as a penalty, the sum of $200.00 per calendar day for each day that such employee remains in such unauthorized employment for a maximum period of six months. Additionally, the OPERATOR/CLIENT may proceed to enjoin such unauthorized employment. If legal action is necessary to enforce this provision or to collect liquidated damages, the OPERATOR/CLIENT shall be entitled to recover all legal expenses, including reasonable attorneys fees. X. In the event of a substantial breach of this agreement by the OPERATOR, the CLIENT may notify the OPERATOR in writing of such default and may demand the same by remedied within ten (10) days from the delivery of such notice and in the event that the OPERATOR shall fail to relieve the default or take appropriate steps leading thereto within said ten (10) days, the CLIENT shall thereupon have the right to cancel this agreement without further notice. ►m This agreement may not be assigned in whole or in part without the consent in writing of the CLIENT. M T he method of operation is as follows: A. The CLIENT will be responsible to provide a site and furniture suitable to serving the participants. The site will be maintained by the CLIENT or its designee. B. The CLIENT shall be responsible for site facility personnel, compliance with local, state, and federal health laws. C. All meal plans will meet or exceed the one-third daily recommended allowance for persons age 60 and over. Each menu cycle with complete analysis will be submitted to the OPERATOR not less than thirty (30) days prior to implementation for the OPERATOR'S review and approval. D. All menus shall be served as planned. When substitutions are unavoidable, a written request shall be mailed to the CLIENT for approval prior to implemen- tation. Unapproved menu substitutions shall be at the expense of the OPERATOR. A complete menu switch with another day within the menu cycle is not considered a substitution but does require approval of the CLIENT. E. Menus shall be jointly reviewed and agreed upon quarterly by representatives of the OPERATOR and CLIENT. All menus must provide not less than 1/3 of the current Dietary Allowance for males 60 years and older as set by the Committee FOOD SERVICE AGREEMENT - Page 4 on Dietary Allowances, Food and Nutrition Board of the National Research Council. F. The OPERATOR must submit a quarterly self -assessment report to the CLIENT. This report shall address the following: 1. Client satisfaction. 2. Transporting vehicles. 3. Condition of transporting equipment. 4. Meal shortages. 5. Any deficiencies from previous reports and Client's nutrition assessments. 6. Temperature or quality refusals of food. The Client reserves the right to request additional information and the right to approve the quality assurance program and reports. G. Should the governor of the State of Texas or the City of Lubbock or any other governmental authority close a building which houses a CLIENT servicing site or sites, the CLIENT shall notify the OPERATOR one (1) working day in advance of such closing. If one (1) working day is not provided to the OPERATOR, the CLIENT will pay for the normal number of meals served at such closed site or sites, or accept a menu revision which will allow the OPERATOR to utilize food products which were purchased for the closed day. H. Should the CLIENT desire to close a serving site or sites, the CLIENT shall notify the OPERATOR of the closing of such site or sites three (3) working days in advance of such a closing. If three (3) working days notice is not provided to the OPERATOR, the CLIENT will pay for the normal number of meals serviced at such closed site or sites, or accept a menu revision which will allow the OPERATOR to utilize food products which were purchased for the closed day. I. The CLIENT will give notice of site closing or extra meal requirements to the OPERATOR in writing. J. On those occasions when the CLIENT desires a box lunch or holiday gift pack meal, the CLIENT shall give the OPERATOR written notice five (5) working days in advance of the date such service is requested. K. OPERATOR agrees to comply with the requirements of Title VI, Title VII of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 and the requirements of the Office of Management and Budget Circulars A-102, A-110 and A-122, Title 45 Part 74, Attachment O. OPERATOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. OPERATOR will take affirmative action to insure that, to the extent possible, eligible persons, as defined in Section 1 hereof, are employed, and that employees are treated, during employment, without discrimination of their race, color, religion, sex, or national origin. 1.4111 A. The OPERATOR will prepare and deliver meals for the CLIENTS'S distribution at six (6) feeding sites included on Attachment "B". The noon meal will be dispensed five (5) days a week, for the term of this agreement, with the exception of designated holidays as stated in Attachment "C" of this agreement. FOOD SERVICE AGREEMENT - Page 5 B. In consideration for meal services provided to the projects the OPERATOR shall invoice the CLIENT based on the number of meals ordered per week. The rate charge d per meal ordered will be shown on Attachment "A" to this agreement. C. The OPERATOR will invoice the CLIENT every month. This invoice will show number of daily meals ordered, multiplied by the number of days, multiplied by the applicable rate, less any credits due from alternate vendor bills or shortages of food items not replaced. D. The CLIENT will pay the OPERATOR within thirty (30) working days from date of invoice. E. In the event that USDA commodities are made available to the CLIENT, the OPERATOR shall meet all applicable federal and state regulations pertaining to their use, and this contract shall be amended to insure the proper use of USDA commodities. F. For the purpose of establishing a ready reference to the financial obligations the following schedule is provided: TO BE FURNISHED AND PAID BY THE CLIENT: Trash can liners, plastic gloves, stainless steel serving utensils. Janitorial/cleaning supplies at serving sites. Equipment repair/maintenance at serving sites. Pest control at serving sites. Utilities at serving sites. Tables and chairs at serving sites. Real and personal property use tax at feeding sites. Fire and hazard insurance on feeding sites. Real estate tax at feeding sites. Furnish qualified LDN dietitian services to include Menu Planning. TO BE FURNISHED AND PAID BY THE OPERATOR: Furnish menus. Staff personnel training. Delivery of meals to designated sites. Furnish qualified, trained production kitchen manager. Food purchases. Labor at production kitchen. Employee hospitalization insurance on OPERATOR'S employees. Social Security taxes on OPERATOR'S employees. Unemployment Insurance Security taxes on OPERATOR'S employees. Workmen's Compensation Insurance on OPERATOR'S employees. Paper products/disposables for serving at sites. Janitorial/cleaning supplies at production kitchen. Dishwashing supplies at production kitchen. Kitchen smallwares at production kitchen. Telephone, local at production kitchen. Telephone, long distance to production kitchen. Equipment repair/maintenance at production kitchen. Pest control at production kitchen. Utilities at production kitchen. Trash/garbage disposal at production kitchen. Office supplies for use by OPERATOR. Uniforms for OPERATOR'S personnel. Laundry for OPERATOR'S uniforms. Vehicle maintenance for OPERATOR'S vehicles. Gas for OPERATOR's vehicles. Rent for production facility. Management salary. Management benefits. Facilities production kitchen. Kitchen equipment in production kitchen. Equipment replacement in production kitchen. Office equipment at production kitchen. Equipment for temperature control and holding of food during transportation to the feeding sites. Delivery vehicles. Furnish invoices/statements. Furnish certificates of insurance. Test kitchen and standardized recipes. Fire and hazard insurance on production kitchen. Food products liability insurance. Public liability FOOD SERVICE AGREEMENT - Page 6 insurance. Automobile liability for OPERATOR'S vehicles. Comprehensive bodily injury for OPERATOR'S vehicles. License to operate. Accounting expense. MUM It is mutually understood and agreed by the parties hereto that the consideration fixed pursuant to this agreement (Attachment A) for the services to be rendered by the OPERATOR, includes the cost of all fees, licenses, and taxes. However, it is agreed by the parties hereto that tin the event of a reduction of any taxes upon the purchase of food and services by the OPERATOR, use of facilities and equipment, or upon the performance of its services to the CLIENT under this contract, the consideration set forth in Attachment A shall be adjusted by an appropriate reduction of the consideration to reflect this reduced cost to the OPERATOR. XV. If funding for the CLIENT is not provided, this agreement shall automatically terminate. In the event funding is reduced, the terms of this agreement shall be renegotiated to the mutual satisfaction of both parties, or this agreement shall be terminated immediately. The CLIENT will pay the OPERATOR for all services performed under this agreement prior to any notification by the CLIENT of cancellation of this agreement due to lack of funding. XVI. The OPERATOR agrees to all terms and conditions contained in the Bid Specifications with a submission date of J u N E 13, 1994 , which are not superseded in this agreement. XVII. In accordance with the bid specifications, the OPERATOR shall make payment and/or reimbursement to the CLIENT for missing meal portions and alternate vendor obligations. The CLIENT will submit to the OPERATOR all such requests for meal credits and/or alternate vendor invoices within ninety (90) days of occurrence. The OPERATOR shall give at least thirty (30) days written notice to CLIENT of any interruption or stoppage of services under this agreement. FOOD SERVICE AGREEMENT - Page 7 IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers. DATED this 1st day of July , 1994. ATTEST: Betty M. Johnson, C#y Secretary APPROVED AS TO CONTENT: Sylvia Inez -Flores, Manager of Community Development and Neighborhood Initiatives APPROVED AS TO FORM: D61Wd G. Vandiver, First Assistant City Attorney DG V: da/INST-D 10/FOODS ER V. doc Rev. June 14, 1994 LUBBOCK, TEXAS, 1,y/161M W'4►[0RKiy, AZ -9 IVA OPERATOR: FURR' S FAMILY DINING BY: CorporaWOfficer or of person with authority to d Operator contractually FOOD SERVICE AGREEMENT - Page 8