HomeMy WebLinkAboutResolution - 5041 - Amendment To Food Services Agreement-MMS Corp-Senior Citizen Meal Program - 12_07_1995Resolution No. 5041
December 7, 1995
Item #10
13-Wifixiii
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 an Amendment to a Food Services Agreement
with Marriott Management Services Corp. for the availability of prepared foods for the City of
Lubbock Senior Citizen Meal Program, attached hereto and which 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:
ge-t-,
Betty M. Jahnson, Ckty Secretary
APPROVVED AS40 CON . NT-
iamus, M�
& Leisure
APPROVED AS TO FORM:
ev . Mi
V 041 It III'
�C
arence Walker, Assistant City Attorney
CW js/AMD-MMSC.RES
ccdom/Ocbober 20, 1995
Resolution No. 5041
December 7, 1995
item #10
AMENDMENT
WHEREAS, the CITY OF LUBBOCK and FURR'S FAMILY DINING have
heretofore entered into a food services agreement for the availability of prepared foods for the
City of Lubbock Senior Citizen Meal Program upon July 1, 1994; and
WHEREAS, the food services agreement was assigned to MARRIOTT
MANAGEMENT SERVICES CORP. upon July 13, 1995; and this assignment was duly
ratified and approved by the CITY OF LUBBOCK, and
WHEREAS, the CITY OF LUBBOCK and MARRIOTT MANAGEMENT
SERVICES, CORP., parties to said agreement now desire to amend said agreement to include
modifications not set forth in the original agreement; NOW THEREFORE:
WITNESSETH
THAT the parties hereto agree that the Food Services Agreement executed by and
between the CITY OF LUBBOCK, TEXAS and MARRIOTT MANAGEMENT SERVICES
CORP., shall be amended to include the following:
(1) "Marriott Management Services Corp." shall replace any mention of
"Furr's Family Dining" in said agreement.
(2) In Section 1, the agreement shall be amended in part to read:
OPERATOR: Marriott Management Services Corp.
Marriott Drive
Washington D.C. 20058
(3) Section VIII shall be amended in whole to now read:
"Except as otherwise expressly provided herein, OPERATOR and
CLIENT shall defend, indemnify and hold each other harmless from and
against all claims, liability, loss and expenses, including reasonable costs,
collection expenses and attorney's fees, 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 Agreement.
This provision shall survive termination of the Agreement."
(4) Section X shall be amended in whole to now read:
"If either party breaches a material provision hereof relating to the services
("Cause"), the non -breaching party shall give the other party written notice
of such cause and the following procedures shall be followed:
A. If the Cause is remedied within ten (10) days in the case of
CLIENT'S failure to make payment when due, the notice shall be
null and void. If such Cause is not remedied within ten (10) days,
OPERATOR shall have the right to tenninate the Agreement upon
giving an additional ten (10) days' written notice to CLIENT.
B. If the Cause (other than under subparagraph a above) is remedied
within thirty (30) days, the notice shall be null and void. If such
Cause is not remedied within sixty (60) days, the non -breaching
party shall have the right to terminate the Agreement upon
expiration of the remedy period."
(5) Section XII, subsection K shall be amended in whole to now read:
"Neither party shall discriminate because of race, color, religion, sex, age,
national origin, or status as a Vietnam veteran, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization,
promotion, termination, or other employment related activity concerning
Services personnel. In addition, each parry affirms that it is an equal
opportunity and affirmative action employer and shall comply with all
federal, state, and local laws and regulations including, but not limited to,
Executive Order 11246 and the regulations issued under the order at 41
CFR Chapter 60; Executive Orders 12138, 11625, 11758, and 12073; the
Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans
Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal
Pay Act of 1963; Age Discrimination in Employment Act of 1967;
Immigration Reform and Control Act of 1986; Public Law 95-507; the
Americans With Disabilities Act; and any additions or amendments
thereto."
(6) Section XVI shall be amended in whole to now read:
"The OPERATOR agrees to all terms and conditions contained in the Bid
Specifications dated December 7, 1995 . In the event of a conflict
between the terms of this Agreement and the terms of the aforementioned
specifications, the terms of this Agreement shall govern."
IN WITNESS WHEREOF, the parties have executed this Amendment upon this
k_ day of December , 1995.
ATTEST:
Betty M. Johnson, ity Secretary
APPROVED AS TO CONTENT:
.L
C'aroly Allamus, Managing Director
/,6f Culire & Leisure
i
AP ROVED AS TO FORM-
Ir
arence9 alker, Assistant City Attorney
CW js/AMD-MMSC.DOC
W-Conts,Agmts/October 20, 1995
MARRIOTT MANAGEMENT
SERVICES CORP.
CORPORATE OFFICER ther person
with authority to bind Opera or contractually
AMENDMENT
MARRIOTT MANAGEMENT SERV. CORP. -- PAGE 2