Loading...
HomeMy WebLinkAboutbocc.con.015.1981 C't�, t � ��s���� ; ��';i'��.Frt }1 ��4,"-'ES".s�';:�ar�:i�i?i*.i�'�,:+�T,w':.r�'„�.,., � .. ,.>.. .::t:�,z�;;tisr[�r._._.,,..:�.x...r^,..:._s.......-fr��t..r._-�: 1 ��i 9 �� t4 P ' _ �f�� ��.Y � �irl.... .: M CONTRACT FOR CATERED MEALS C A 15(81) This Agrement is entered into as of the 9th of March, 1981, by and between the Northwest Colorado Council of Governemnts, having its office at P,O. Box 739, Town of Frisco, Colorado, herein after designated as the "Sponsor" and Baord of County Commissioners of Pitkin County, State of Colorado, whose address is 506 E. _ . Ma.in, City Aspen, Colorado, here3n after designated as the "County"� and Le Cuisinier herein designated as the "Supplier" whose address is 456 N. Mill Street, Aspen, CO 81611. In consideration of the mutual promises and covenants considered herein, the ; Sponsor, County and Supplier agree as follows: � 1. Scope of Service. The Supplier shall prepare and serve food in the kitchen � � located at 100 Lone Pine, Aspen, CO., to serve participants of the Senior Nutrition Project (the "Project") at 100 Lone Pine, Aspen, CO., each Monday, Wednesday and Friday not to exceed 40 meals daily. The exact number of ineals for each day will • be provided by the Sponsor by 12:00 noon of the day prior to serving. Change in the � maximum number may be made upon fifteen (15) days written notice from the Sponsor. � _���� Changes in the days must be approved by mutual agreement of the Supplier and the �t,; Sponsor. ' � �' f: {Y- ` 2. Equipment. The Sponsor shall provide such space, equipment, fixtures and � �_. r i pay utilites as may be �i¢de�S��1�� to provide the above prescribed number of ineals ? as described by separate agreement. 3. Personnel. The Supplier will hire staff to prepare the meals and shall maintain all records and accounts related to the employmeni of such staff. The Supplier is aware of and shall comply with all applicable Federal, State and local laws and regulations pertaining to wages and hours of employement. The Supplier `:�, will not discriminate directly or indirectly against any employee or applicants for employment because of race, color, xeligion, sex, handicap or natural origin. The Supplier shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, colnr, religion, sex, handieap or national origin. Such actions shall include, but not be � limited to the following: employment, upgrading, demotions, or transfers, recruitment oz recruitment advertising; layoffs or Lerminations; rates of pay or other £orms of � r compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Supplier agrees to post in conspicuous � places available to employees and app2icants for employment notices to be provided i � ., setting forth the provisions of this nondiscrimination clause. The Supplier will fn F all solicitations or advertisements for employaes places by or on behalf of the supplier, state that all qualified applications will receova consideration for �_� _ 1' _ ;`«s�.�,,.u, . � . �1 �... �� ,�� �' ",�:,����t�' � �� � � ,._ � ij• ""'Voleau�.�t.:.(!C�r.,-.7�tr$L:3rir�aiG?�!�:i�?;�. in�i,�..z,, . i�' ..... .. ,.r .., .._F�r.:,Tnai�`v3!=a:',J'�Si:}.r.>'.T...�:i?i .L{x..�2S�v�:"�3-�..''��L'�7�4i � . `. A�:J . r' 'fyNrY'�, y�� � H,i r P � M��-r`'. '. µ..:.?:., �. ,1 rx;,�.�..�:: � employement without regard to race, color, religion, sex, handicap or national origin. The foregoing provision shall not apply to contracts or subcontracts for standard commercial suppliers or raw materials. 4. Health Standards. The Supplier will maintain the storage and preparation facilities in a clean, safe condition complying with all Federal, State and local laws and regulations governing storage, handling and transporting of food and shall procure . _ - and shall keep in effect all licenses, permits and food handlers cards as required by law. Hot food shall be 145°F or above and cold foods not above 40°F inaintained at these temperatures for a one hour serving period. � 5. Inspection. Employees of the sponsor and County shall have the right and �fi authority to inspect at any time, without advance notice, the Suppliez's food storage � • and preparation areas to determine the adequacy of the Supplier�s cleaning, sanitation � and maintenance practices. � 6. Insurance. The Supplier shall idemnify the Sponsor and the County against any loss or damage (including attorney's fees and other costs of litigation) caused by the i� � SupplierTs negligent act or omission, theft by the 'supplier's employees or the � _,,: negligent acts or omissions of the Sapplier's agents or employees. The Supplier sha21 �K �' defend any suit against the Sponsor or County alleging personal injury, sickttess, or � disease arising out of theconsumption of the meals or other food prepared by the i � Supplier. The Supplier shall provide adequate liability insurance and name Sponsor � and the County as additional insureds in order to comply with this paragraph. The 1 Sponsor or CounLy shall promptly notify the Supplier and its insurance carrier in :9 �j writing of any claim against the Supplier or the Sponsor or County in the event of a �` �� �a suit being filed, shall promptly forward to the Supplier and insurance carrier all ,,, �� " papers in connection therewith. The Sponsor shall not insure any expense or make any � �� �,1 settlement without the Svpplier's or County�s consent. However, if the Supplier �'.• refuses or neglects to deEend any such suit, the Sponsor or County may de£end, adjust � i� or settle any such claim, and the costs o£ such defense, adjustment or settlement, f� including reasonable attorney�s fees, shall be charged to the Svpplier's insurance •� � carrier. ( �2 �r 7. Menu Requirements. Menus shall be planned to comply with the Department of � � si Health and Human Services (HHS) recommended dietary allowance: 3 ounces of t! � k' meat or protein; two one-halE cut serving fruit or vegetable; bread or bread . .�: � substitute; 8 ounces milk, dessert (see Exhibit A). Sponsor and county employees � ; �; ..� shall have the right and authority to inspect the food to deter�sine compliance with � ;'F � these regualtions and to withhhold payment for meals not meeting prescribed � ��; � requirements. Menus shall be submitted to the Sponsar's office for analysis I I � _ Z _ i � j�����' . . .. . , . #�:7::4':r._,� �::c" Mi �', �� �� M1 _., �A}�y���4.�°a-R ' e,y. ..-. . � � .. . .- .. , . . " ._.. ._ � . . .., . t ,.,,, ..�.� .� ��... ,«�f f��_km3irSeF�.ce:�r';r.x�.�:�r,i�.ns.i f�_r •.^ . �_>,; .?.:_ .t si+�"c:�Red?�'�'�s���'-..���F.. ....,,... �i''1�l�.rc•;p f . �� �7n�� j- Pj • � - 4Ri�F;>•; . �;c-�.s no later than 3 weeks in advance of the anticipated serving date. No deviation from such planned menus is allowed. 8. Food Specifications. The Supplier shall purchase the food required for the meals to be prepared for the Sponsor under this Contract according to the following specifications: A. Milk shall be fresh pasteurized; - - -' B. Fresh produce shall be U.S. Grade No. 1 or equivalent, if available, C. Canned goods shall be no lower than U.S. Grade B or equivalent. i D. Frozen or dried food shall be no lower than Grade B; I E. Cheese shall be U.S. Grade p; '�,� 1 F. Spices and condiments shall be fresh and of good quality without filler; �� . G. Meats, poultry and fish shall be no Iower than U.S. Grade Good, a21 USBA �� - inspected and no more than 30� fat content by weight; H. All vegetables and food prepared and served must be primarily prepared � for the project unless prior approval has been secured from the k:; Project's Director, !� ° I. Breads, crackers and pastry shall be alI good quality made with enriched 4��� �! $- ---; flour; and no day-old or bargain breads or cakes will be allowed without � i' ` #; inspection and consent of the Project's Director; ':� �; J. Rice shall be long grain; enriched or converted; Y, � � K. Textured vegetable protein may be mixed with meats in the amount not � r to exceed 30 percent. . � L. Breading for meat products may not exceed 25 percent by weight. `-� 9. Purchasing Records. Employees of the Sponsor shall have access to the Supplier's ',�' '� � purchasing records bearing upon the food purchasedfor the Nutrition Program. 10. Audit. All records of the Supplier bearing upon food purchases, storage and � food preparation directly related to the meals under this Contract, shall be made � available to the Sponsor upon request. The Project Director or other Project � I�I � representative, State Agency and the State distributing agency representatives, and the auditors of the Department of Health and Human Services, the U.S. Department of � Agriculture and the U,S. General Accounting 0£fice, upon request, shall have access �; � to all such records for audit or review. � ' � 11. Compensation. The Sponsor shall pay the Supplier for each meal ordered. '! , � t ;, � The price is as follows: 3 $ .88/meal - food cost , � F � � .77/meal - labor i ``� ,55/meal - other costs (utilities, paper � � , .� products, etc.) � � ;' ,�, � 2.20/total cost per meal � . �! � The value of commodities supplied will be subtracted from the monthly state- ( ment. In the event that the Supplier fails to prepare any meals � ! � ! c - 3 - �^�- �,�.�vY�� , � s � ;,;'` ` N�� :( . `� .: . .... �...i . . . �S�i Y � .�.�u. ...�� .....�_ (1 ��Q�.""�"��°f'�")S"v'LL9s�?Ix'.'+1...fat'�j:y...� ''�' �i ... �;. � . -,-.::! ...�r.:;•. _v:.T .wx..sc�....n�........v..�-......�n, n..«w.v.,..��.... . } ..n... . ..... ... ., .. �`{jJ,y . ' . �f�-..i�:` ii - ^ ir}'t;:,. Isi' >j:� . .r. �r ���� or other food for the Sponsor, as agreed upon, the Sponsor or County may procure g`� a meal or meals elsewhere and charge to the Supplier any additional costs for the replacement meals above the contract price, plus any expenses incurred by the �: � Sponsor or County in procuring such replacement meals. The Sponsor is not t� - obligated to pay for any meal or other food which does not meet the prescribed � requiremenYs. - " 12. Schedule of Payment. Invoice for payment shall be received in the Sponsor's office by the 20th of each month. Payment will be mailed to the Supplier %. by the first working day of the month. It is understood that the Council of . Governments provides only one day a month to approve payments and if invoices are �� not received by the specified day, that approval cannot be given until the following � � � month. � 13. HHS Grant. It is agreed by the Supplier and the Sponsor that should the �, � llnited States D.epartment of Health and Human Services (HHS) or the State o£ C: �<,, Calorado (State) disapprove this Contract, then this contract sha12 be void and shall � �:•c �=; not be binding on any parties of the Contract. Unearned payments under this a�. . Contract may be suspended or terminated in the event that the Supplier refuses to -_..�:�`.. 'i accept additional terms or conditions o£ this Contract that may be imposed by # ` HHS or State after the effective date of this Contract. ''; 14. Review. The terms and conditions of this Agreement shall be reviewed s. within (30) days and periodically thereafter. iI5. Grievances. Alt grievances will be settled according to the uniform . _ 4 procedures of the sponsoring Senior Nutrition Project. 16. Amendments. This Contract constitutes the entire Contract between the Supplier and the Sponsor and County with respect to the subject matter hereof and - �+ there are not other or further written or oral understandings or agreements with respect thexeto. No variation or modification of this Contract, and no waiver of its provisions shall be valid unless in writing and signed by the duly auLhorized officers of the Supplier, County and the Sponsor. No assignment or transfer of this Contract may be made, in whole or in part, without written consent of the � County and Sponsor being first obtained. ' 17. Termination. This Contract shall be effective as of March 9, 198�, and � ' � , . shall be in force with respect to meals prepared during the period commencing � • on the effective date. However, either party may at any time during the life of I the Contract or any extension thereof terminate this Contract with respect to the J � preparation of ineals by giving thirty (30) days notice in writing to the other � party of its intention to do so, and the Sponsor or County may terminate this �: Contract with respect to the delivery of ineals, if the terms and condiYions hereof �^ '_4� - 4 - ��:�� , � ,��;�•� , �;,;a-.?�,. y: . °�j i 4 ;; i ^ F � �s��,{�s( ' �'.F'•:��.�r.`'�,a.a' _�____..__ '' . �, . ..,_...__._._.�-_ -� � , i.ot�,i;: � . �x f .�f;;> �; , _. are not fully complied with by the Supplier by giving ten (ld) days notice in writing of its intention to do so. 18. Notices. A1l notices to the Sponsor shall be addressed to it at P.O. . Box 739, Frisco, CO., 80443, and all notices to the Supplier shall be addressed to it at 506 E. Main, Aspen, CO 8I611. j In witness iher.eof, the Sponsor and Supplier have executed this ContacY � � � as of the date written above. ':' ��� l " T.J"Or--xl:.v�ex.� �S/C�� Date• J cy� / - Supplier � � ; � President � Position . �r, . NORTEIWEST COLORADO COUNCIL - � � � OF GOVERNMENTS Date: � Sponsor '° � �. ' Position �, -...-!�• . � .. �i• BOARD OF COUNTY CONAIISSIONERS � � PITKIN CO , CQLOR4D0 A A-y( ? �� /� .^ , � `� 'By. �� �� ���C(��G� •- Robert W. Child Lewis Scanlan Chairman Deputy Clerk and Recorder - APPROVED AS TO FORM: - NORTHWEST COIARADO COUNCIL �����,�� OF GO�ERNMENTS y��ra M. S�r� � � County Attorney ; 1'/ c� � Sy f N",_ .G .v = ;�. W. Keit Troxel, C airman �;���.� S � f`. ^:t ;i � '� � . � � � . . :�� � z� � � � ., .''�4�� . � 1 ��":;�c..;� 7 . •,.,.? )3 � 2 _ 5 � � i '! _ _. . . .,,. _ .. _.7 . . _ . . .: __.:. _,.,.:_, ,.... � , ��,`;"�'� �';..;;c�. �sS..: r..,;,:;�,=.j !'_ .