HomeMy WebLinkAboutResolution - 2008-R0162 - Contract - ARAMARK Educational Services Inc.- Catering For Senior Centers - 05/08/2008Resolution No. 2008-RO162
May 8, 2008
Item No. 5.3
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 catering
service for senior citizen centers, by and between the City of Lubbock and ARAMARK
Educational Services, Inc., 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 8th day of % , 2008.
DAVID A. MILLER, MAYOR
ATTEST:
m Garza, City Secretary
APPRO`JED AS TO CONTENT:
y
f
i
l
i
Randy Truesdell
Community Services Director
APPROVED AS TO FORM:
rj
on Van ever
Assistant City Attorney
DV/ Aranrark08conRes
April 25, 2008
Resolution No. 2008—RO162
STATE OF TEXAS §
COUNTY OF LUBBOCK §
14111343 W-1-12 W WGII7� IIA 1T.W1
This contract, (the "Contract"), effective as of April 3, 2008, (the "Effective
Date"), is by and between the City of Lubbock, (the "City"), a Texas municipal
corporation, and ARAMARK Educational Services, LLC, (the "Contractor") whose principal
place of business is 1101 Market Street, Philadelphia, PA 19107.
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 catered 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 until April 2, 2009.
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 & ARAMARK
(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 a catered lunch meal Monday through
Friday throughout the year except on designated holidays, as requested by
City, for the Lubbock Senior Citizens Meal Program. The Contractor is
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
responsible for cooking and transporting the meals to the five City of
Lubbock senior centers. Contractor is not required to serve the meal after
delivery of the meals at each site. This is the responsibility of the City
staff. After the meal has been served, the Contractor comes back to each
center to pick up their serving trays. City will notify Contractor by 3:30
p.m. each day how many meals are required for the following day at each
location.
The Contractor shall maintain food preparation facilities in a sanitary
condition at all times, employ and train food service employees for said
facility, use standard food cost control methods, furnish supervisory
personnel in setting up and maintaining the facilities 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 the
sites designated by City in the City of Lubbock. See Exhibit B with the
specific locations, attached hereto, and made a part of this Contract.
C. Meal Schedule. Lunch shall be from noon to 1:00 p.m. except at the
Homestead site, where meal time is 11:30 a.m. to 12:30 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 and Quality Standards.
1. All foods shall be prepared from Standardized Recipes as provided
to the Contractor from the City to ensure consistent quality and to
meet grant requirements. The required recipes are provided to the
City by the South Plains Association of Governments (SPAG) and
have been approved by the Licensed Dietitian for the South PIains
Area Agency on Aging that provides grant funding for this
program.
?. Meals shall consist of the following: one 3 oz. cooked serving of
protein obtained from the entrde, two 1 /2 cup servings of vegetables
and fruits, one serving of bread, one serving of margarine. one 112
cup serving of dessert, and one 1 2 pint serving of 21/o milk or
otherwise specified menu quantities from the SPAG approved
menu.
3. Contractor shall provide disposable eating utensils and service
ware including plates. bowls (for soups and stews as needed) and
plastic service ware to include forks, spoons and knifes (as
needed). "Sporks" and other fort&spoon combinations shall not he
alloxeed.
Food Sen ice Contract for Senior Centers
City of Lubbock & ARANtARK
3
4. Contractor shall provide condiments and salad dressings suitable
for elderly consumers.
5. 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.
b. 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.
Skim (fat-free) milk shall be used.
d. fork 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 15%.
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. Seasonings in
addition to those listed in the approved recipes shall be
approved by the SPAG Licensed Dietitian.
h. Contractor shall preserve the nutritional value and safety of
food when purchasing, receiving, preparing and delivering
to the designated sites.
7. 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. The City shall work with
the Contractor to provide feedback on issues related to patrons'
response to the meals. Contractor shall do a minimum of one
monthly test tray at one center a month on a rotating basis so that
each center has a minimum of two tests during the contract period.
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
4
The results of these tests should be submitted to the City by the 15`
working day of the next month.
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 using the suggested servings
as outlined above in Food and Quality Standards.
2. Each monthly calendar menu cycle shal be submitted to
Contractor by the City not less than ten (1 0) days prior to
implementation. Any issues the Contractor may have with the
menus should be discussed with the City upon receipt of the
monthly menu schedule. SPAG has provided complete daily
menus that can be used as substitute days when there are issues
with regard to a particular day's menu. These substitute days can
only be used with prior permission from the City at the time the
menus are finalized and prior to their publication to the public.
3. All meals shall be served as planned. When individual item
substitutions are unavoidable, a written request shall be mailed or
e-mailed to City for approval 24 -hours prior to implementation.
Food being substituted must be selected from the item substitution
lists as provided to the City by SPAG and provided to the
Contractor (i.e. fruit for other types of fruit, baked potato for
mashed potatoes, etc.).
G. Reports. Contractor shall submit a quarterly self-assessment report to
City. The self-assessment report form 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 & ARAMARK
5
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. Written notice of
cancellation or will be provided thirty (30) days in advance of
cancellation.
B. Required Coverage. Contractor shall obtain and maintain policies of
insurance throughout the Contract term in limits specified below.
1. Workers' Compensation and Employers Liability Insurance:
Contractor shall elect to obtain workers' compensation coverage
pursuant to Section 406.002 of the Texas Labor Code. Further,
Contractor shall maintain said coverage throughout the term of this
Lease and shall comply with all provision of Title 5 of the Texas
Labor Code to ensure that the Contractor maintains said coverage.
Any termination of workers' compensation insurance coverage by
Contractor or any cancellation or non -renewal of workers'
compensation insurance coverage for the Contractor shall be a
material breach of this contract. The contractor may maintain
Occupational Accident and Disability Insurance in lieu of
Workers' Compensation. In either event, the policy must be
endorsed to include a waiver of subrogation in favor of the City of
Lubbock Workers' Compensation.
Employer's Liability with limits of at least $100,000 each accident,
$100,000 by disease policy limit, and $100.000 by disease each
employee shall also be obtained and maintained throughout the
term of this Lease.
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
6
2. General Liability:
Contractor's insurance shall contain broad form contractual
liability with a combined single limit of a minimum of $300,000
each occurrence and in the aggregate and shall include the
following: Bodily Injury and Property Damage; Broad Form
Contractual Liability; Personal Injury and Advertising Injury; Fire
legal liability; and Products and completed operations.
3. Business Automobile Liability:
Contractor's insurance shall contain a combined single limit of at
least $300,000 per occurrence, and include coverage for but not
limited to the following: Bodily injury and property damage; and
any and all vehicles owned, used or hired.
4. Other Insurance Requirements:
Contractor's general liability and auto liability insurance policies
through policy endorsement must include wording, which states
that the policy shall be primary and non-contributory 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. All policies must be endorsed to
include a waiver of subrogation in favor of the City of Lubbock.
C. Cooperation on Claims
City agrees to provide immediate written notice to Contractor of all
losses or claims for which it will seek indemnity from Contractor
under this agreement. City agrees not to incur any cost or expense
without the approval of Contractor and further agrees to fully
cooperate with Contractor in the investigation, defense and
settlement of such claims.
D. Subcontractors. The Contractor shall require each subcontractor
with whom it contracts to provide activities as contemplated by
this Contract, to 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
Food Service Contract for Senior Centers
City of Lubbock & ARA.MARK
7
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.
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
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,
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
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, LLC
c/o Lubbock Christian University
5601 19th Street
Lubbock, TX 79407
Telephone: 972-462-6011
Facsimile: 972-462-6053
City's Address. The City's address and numbers for the purposes of
C notice are:
City of Lubbock
Attn: Nancy Neill
P.O. Box 2000
10109 th Street
Lubbock, TX 79457
Telephone: (806) 775-2685
Facsimile: (806) 775-2686
Change of Address. Either party may change its address or numbers for
D. 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" day
after such notice is effective.
ARTICLE XIII
PURCHASING/INVENTORY
ARAMARK shall purchase and pay for all food, supplies and services utilized
for the food services to be provided by ARAMARK under this Contract.
ARTICLE XIV
MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Contract are
inger-tPr1 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.
Food Service Contract for Senior Centers
City of Lubbock. & ARAMARK
10
B. Audit. Contractor shall provide access to its corporate books and records with
respect to this Contract 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
alteration is in writing, dated subsequent to this Contract, and duly
executed by the Contractor and City.
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
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
DAVID A. MILLER, MAYOR
ATTEST:
- '�t_� -.e- _4% - I- 9-�' 'e�
Re cca Garza
City Secretary
APPROVED AS TO CONTENT:
Randy `I' ueoell
Community Services Director
APPROVED AS TO FORM:
andiver
Assistant City Attorney
2487W01
ARA.MARK Educational Services, LLC
B
J . ey Tus
Vice Pre dent
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
17
Resolution No_ 2008-80162
EXHIBIT A
COMPENSATION
Contractor shall provide an estimated 45,000 meals during the term of the
Contract for $5.00 per meal.
A. Billing. leo 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 designated by the
Contractor as either two consecutive calendar weeks or twenty-six (26)
accounting periods or as two times per month or twenty-four (24)
accounting periods.
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
13
EXHIBIT B
MEAL SITES
Lubbock Senior Center, 2001 19`h Street
Maggie Trejo Supercenter Senior Center, 3200 Amherst
Mae Simmons Sr. Senior Center, East 23`d and Oak
Copper Rawlings Senior Center, 40`h and Ave B
Homestead Senior Center, 5401 56`h Street
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
14
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 Eve
Christmas Day
Food Service Contract for Senior Centers
City of Lubbock & ARAMARK
15
Resolution No. 2008—RO162
SUBMIT TO:
CITY OF LUBBOCK
CITY OF LUBBOCK, TEXAS
k
Purchasing & Contract Management�Ir,1635
'Lllf
13`h Street. Rm 204
Lubbock. Tx 79401-31130
,YIN EQUAL INVITATION TO BID
CONTACT PERSON:
OPPORTUNITY
Ylarta Alvarez
(�
EMPLOYER #V '8-023—MA
TEL: 506.775.2167
FAX: 506.775.2164
http:i/purchasing.ci.lubbock.tx.us
TITLE: Catering Services for Senior Citizen Centers
BMITT:4L DEADLINE:
February 13, 2008, 4:00 p.m. CST
PRE BID DATE, TIME AND LOCATION: January 30, 2008 at 10:00
a,n hrrr, r-,r•i,a•,I,r�rr,'rlu rrrr r urr!<lur,•lr,r,rl,,hnnr, regardlrss a/rbe
A.M. in the City Hall, 1625 13Th Street, Training Room LOI,
madrofdelfvrrr, %hulfhen-tiorned,nolrtwed..
Lubbock Texas.
RESPONDENT NAME:
LABEL. THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER,
ARAMARK Education Service, LLC
THE CLOSING DATE AND TIME, AND YOUR COMPANY !NAME AND
ADDRESS.
MAILING ADDRESS:
c/o Lubbock Christian University
Street
IF RETURNING AS A "NO BID", PLEASE COMPLETE AND RETURN THE
5601 19tei
"STATEMENT OF NO BID".
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT
CITY -- STATE -- ZIP: Coppell, TX 75019
ANY AND ALL BIDS IN WHOLE OR IN PART AND WAIVE .ANY
INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY
TELEPHONE NO:
972-462-6011
RESERVES THE RIGHT TO ENTER INTO ANY CONTRACT DEEMED TO BE
IN T14E BEST INTEREST OF THE C'tTY.
IT IS THE INTENT AND PURPOSE OF THE CITY OF LUBBOCK THAT THIS
FAX
973-462-6053
REQUEST PERMITS COMPETITIVE BIDS, IT IS THE BIDDER'S
RESPONSIBILITY TO ADVISE THE CITY OF LUBBOCK PURCHASING
E-MAIL:
Herrera-Angelt%garantark.corrr
MANAGER IF ANY LANGUAGE, REQUIREMENTS, ETC., OR ANN'
COMBINATIONS THEREOF, INADVERTENTLY RESTRICTS OR LIMITS
FEDERAL TAX ID NO. OR SO( IAL SE(T!RIT77(7__
THE REQUIREMENTS STATED IN THIS ITB TO A SINGLE SOURCE. SUCH
23-135443
NOTIFICATION MUST BE SUBMITTED IN WRITING AND MUST BE
RECEIVED BY THE PURCHASING MANAGER NO LATER THAN FIVE 151
BUSINESS DAYS PRIOR TO THE ABOVE SUBMITTAL DEADLINE.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON ANY ADDENDA POSTED ON
RFPDEPOT.COM
The City of Lubbock Charter states that no officer or employee of the City can benefit From any contract, job, work or service for the municipality or be
interested in the sale to the City of any supplies, equipment, material or articles purchased. Will any officer or employee of the City, or member of their
immediate family, benefit from the award of this bid to the above firm'? YES X NO
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID AND
SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING BID FOR
FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS LISTED ON THE
ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE PRICES SET FORTH ON THE BID
FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE FOLLOWING SECTION. FAILURE TO EXECUTE THIS
PORTION MAY RESULT IN BID REJECTION.
By my signature I certify chat this offer is made without prior understanding, agreement, or connection with any corporation, firm, business entity, or
person submitting an offer fur the same materials, Supphes, equipment, or servlcefsl, and is in all respects fairand without collusion or fraud. I Further
agree that i fthe offer is accepted, the offextr will convey, sell, .ensign, or transfer to the City of Lubbock all right, title, and interest in and to all causes of
action it may now or herodRer acquire under the 'gnu -trust laws of the United Statcs and the State of Texas fir price fixing relating to the particular
commodirytsl or service is) purchased or acquired by the City of Lubbock, At the City's discretion, such assignment shall be made and become eff& ire at
the time the City ret final payment to the %endor.
Vice President
Authorized Signature Title
Angel Herrera February 11, 2005
rtn ype Name Date
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.
08-023-MA.doc
BID FORM
Catering Services for Senior Citizen Centers
CITY OF LUBBOCK, TEXAS
ITB #08 -023 -MA
In compliance with the Invitation to Bid #08 -023 -MA, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the
material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at
the locations and for the prices set forth on this form. The Invitation to Bid #08 -023 -INA is by reference incorporated in
this contract. The Bid Form must be completed in blue or black ink or by typewriter.
ITEM D
SCRIPTION
Qty
Unit Cost
Extended cost
(approximately)
I.
Catered meals for the City of Lubbock Senior
45,000
55.00
$225,000
Citizens Centers, per specifications
PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of 0 a/o, net calendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Farm, payment terms
will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct
invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by
the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days
after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements,
whichever event occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged
anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include
an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like
quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract
period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products
of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same
product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective.
INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the
State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements
as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same
services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space
provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should
these other governmental entities decide to participate in this contract, would you ( the bidder) agree that all terms,
conditions, specifications, and pricing would apply?
Other governmental entities that might have interests in this contract are Frenship Independent School District,
Lubbock Housing Authority, Lubbock County, Lubbock County Hospital District, Lubbock Independent School
District, South Plains Association of Governments, City of Texarkana, Texas Tech University, West Texas
Municipal Power Agency, Lynn County, and City of Wolfforth.
YES NO X
If you (the bidder) checked YES, the following will apply:
Governmental entities utilizing [nterlocal Agreements for Cooperative Purchasing with the City of Lubbock will
be eligible, but not obligated, to purchase materials/seryices under the contract(s) awarded as a result of this
solicitation. All purchases by governmental entities other than the City of Lubbock will be billed directly to that
governmental entity and paid by that governmental entity. City of Lubbock will not be responsible for another
governmental entity's debts. Each governmental entity will order their own materialsrservice as needed.
THIS BID IS SUBMITTED BY ARAWARK Fduca6onal Services- LLC a corporation organized under the
laws of the State of Delaware , or a partnership consisting of
08-023-MA.doc
or an indi, idual trading as of the City of
Firm: ARAMARK Educational Services LLC
Address: cio Lubbock Christian Universi 5601 l9`h Street
City: Lubbock State: TX Zip: 79407
Woman Black American
Hisnanic American Asian Pacific American
officer Name and
Date:'
t 470
k eek ce-'>�
Native American
Other (Specifv)
I 01-11
Business Telephone Number g12r `1u— It C Fax I jz--
—46A y �
LABEL THE OUTSIDE OF YOUR SEALED BID WITH THE ITB NUMBER, THE CLOSING DATE AND
TIME, AND YOUR COMPANY NAME AND ADDRESS.
08-023-MA.doc
City of Lubbock
Consideration of Location of Bidder's Principal Place of Business
Affidavit of Eligibility
Pursuant to Subchapter Z, Chapter 271, Texas Local Government Code, In purchasing under this title any real property, personal
property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder
whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the
municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract with:
( 1 ) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in
writing, that the local bidder offers the municipality the best combination of contract price and additional economic
development opportunities for the municipality created by the contract award, including the employment of residents of the
municipality and increased tax revenues to the municipality.
This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47
U.S.C. Section 153.
in order to receive consideration, bidders must submit this affidavit to:
Marta Alvarez, Purchasing Manager
City of Lubbock
1625 13'h Street, Room 204
Lubbock. TX 79401
Complete all areas below. Incomplete alfidavits may he rejected.
Local Husines Name: ARAMARK tel Lubbock Christian University
Local Address (must be within the City limits): 5601 1911' St., Lubbock, TX 79407
Address of the company's principal place of business within the United States:
1. How many residents of the City of Lubbock are employed at the above business location? 33
2. Year your business was established in the City of Lubbock: May 2000
3. For transactions that require sales tax, provide the following Reseller information:
Reseller Pen -nit Number: 1-23-13544434
Company Name and Address (as it appears on permit):
ARAMARK Educational Service # 1027
5601 19'1' St., Lubbock, TX 79407-2031
4. Does your business have more than one office in the State of Teras'' X Yes No
If Yes, identify the office location considered as the point -of sale credit for sales tax purposes:
Same as above
5. Was the local business required to pay business andior real property tax for the most recent tax year?
X Yes No
If Yes, did the local business pay any of this tax to the City of Lubbock'? X Yes No
Under penalty of perjury, the undersigned states that the foregoing statements are true and correct. It is further acknowledged that any person, firm,
corporation or entity intentionally submitting false information to the City in an attempt to quality for eligibility shall be prohibited from bidding on City
of Lubbock products and servieekfq a period of one ( I ) year.
Authorized Signature:
Printed Name and Title: Angel lkrrer� Vice President
08.023-MA.doc
Date: February 11, 2008