HomeMy WebLinkAbout993057.tiff CONTRACT FOR FOOD SERVICES
THIS CONTRACT, made this 6th day of December, 1999, by and between Weld County, Colorado,
by and through THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, P.O. Box 758,
915 10`" Street, Greeley, Colorado 80632, hereinafter referred to as "County," and Correctional Food
Service Management headquartered at 5727 North Black Canyon Hwy.. Phoenix AZ 85015-2208,
hereinafter referred to as "Contractor".
WITNESSETH:
WHEREAS, County desires to contract with Contractor for food services in the Weld County
Jail, and
WHEREAS, Contractor desires to provide food services for inmates and other persons whom
the Weld County Sheriff may designate.
NOW, THEREFORE, for and in consideration of the promises and mutual agreements
contained herein, County and Contractor hereby agree as follows:
1. CONTRACT DOCUMENTS: The "Contract Documents" of this contract shall
include, along with the main contract herein, all bid documents contained in Weld
County Bid Request No. 100421-91, which documents are attached hereto and made a
part hereof by reference. The parties hereto shall comply with all of the terms,
conditions, and specifications contained in the contract documents. The terms and
conditions of the main contract herein shall control in the case of any inconsistency
between them and the terms, conditions, and specifications of the bid documents.
2. DURATION: This contract shall be effective January 1, 2000, through December 31,
2000, and is automatically renewable by both parties each year for a term of three (3)
years (36 months) subject to price adjustments mutually agreed upon. County agrees to
allow Contractor's management staff to be on-site at the Weld County Jail to observe
and prepare for transfer of food service responsibility the two (2) weeks prior to January
1, 2000. This contract may be terminated by either party provided a sixty-day written
notice is given to the other party. Written notice to County must be sent to the Weld
County Board of County Commissioners, with copies to the Weld County Director of
Finance and Administrative Services and to the Weld County Sheriff Written notice to
Contractor must be sent to the Contractor, Weld Board of County Commissioners, 915
10th Street, Greeley CO 80631 with a copy to Weld County Sheriffs Office, 910 10th
Avenue, Greeley CO 80631 .
3. AUTHORIZATION: County hereby authorizes contractor to manage, on county's
behalf, the food services at the Weld County Jail, 2110 "O" Street, Greeley, Colorado,
and to supervise, on county's behalf, preparation and service of food, including
therapeutic diets, for inmates and any other persons whom the Contracting officer for
County may designate.
Page 1 of 5 Pages
4. FACILIT1_ , AND EQUIPMENT: Contractor s._,il have full use of County's food
production and food service facilities. Contractor has examined said facilities and is
satisfied that they will meet the needs of Contractor for said food production and food
service. County shall provide initial inventory of glassware, silverware, chinaware, and
thermal trays, but Contractor shall maintain the inventory of these items as a direct cost of
said operation.
5. OBLIGATIONS OF CONTRACTOR:
a. Food Services: Contractor agrees to operate and supervise County's Jail food services
facilities, on County's premises, and to supervise the furnishing of food and food products,
including therapeutic diets, for County's inmates and any other persons whom the contracting
officers may designate. Hours and types of service shall at all times be under the control of
County's Contracting Officer.
b. Menu: Menus shall be submitted to County's Contracting Officer at least one week in
advance of service for approval. Menus shall be nutritionally adequate and conform to any
requirements made by County. Menu change/complaint forms shall be provided to inmates when
said inmates have complaints concerning the menus. Completed forms shall be reviewed by
Contractor's management personnel and appropriate changes shall be made after consultation with
the contracting officers. County may at any time inspect any or all aspects of the food service
program provided by contractor or request menu variations.
c. Purchase and Procurement. Purchase and procurement of all food and food supplies
utilized in the food service department needed for the County's jail facility, and any other food
service department services that may mutually be agreed upon, shall be the responsibility of
Contractor. in the course of procurement, Contractor will take advantage of discounts and cost
savings through volume purchasers. Preference will be given to local suppliers when practical and
cost effective.
d. Personnel: Contractor will provide and maintain the following staff food service manager,
who is a registered dietician, baker, a.m. cook, p.m. cook, weekend relief cook on duty at
the food service facility. Contractor will also provide administrative support through its
region and zone support management staffs. Contractor's personnel shall in no way be
deemed to be employees of County and shall in no way be subject to or benefit from Weld
County's employment handbook. contractor is responsible for the training and education,
as needed, for staff and inmate workers.
Contractor's food service manager will coordinate with County officers on a daily basis.
Contractor's food service manager will be responsible for:
(1) Assuring contract compliance.
(2) Budgeting of financial results.
(3) Menu revisions.
(4) Managing and training all staff.
Page 2 of 5 Pages
(5) . .diting sanitation standards.
(6) Weekly management meetings.
(7) Coordinating all units.
(8) Applicable jail security requirements.
6. FINANCIAL ARRANGEMENT: Contractor agrees to manage the entire food service
program for County Jail in accordance with the specifications found in Weld County's
Bid Request No. B9900205. Each month, Contractor will submit to County officers a
statement showing the following items:
a. Maiming chart and work schedule for all employees and inmates.
b. Meal counts indicating the number of meals prepared (daily census plus extra meals).
c. Weekly inventory record by item of all items in warehouse.
d. Nutritional menu analysis showing the 18 RDA nutrients.
e. The per meal rate for County Jail will be calculated each month according to the
following scale:
JAIL FOOD SERVICE
Average Daily Population Price per MEAL Average Daily Work Release Population Price per DAY
250 $_1.187 50 $ 1.034
260 $ 1.167 60 $ 1.034
270 $ 1.147 70 $ 1.034
280 $_1.130 80 $ 1.034
290 $ 1.113 90 $ 1.034
300 $ 1.098
310 $ 1.084
320 $ 1.070
330 $_1.058
340 $ 1.046
350 $ 1.034
Compensation to Contractor will be based upon the applicable daily per meal costs appreciable by the
number of meals served each day.
f Health Examinations: All employees of Contractor assigned to duty at County's
jail food service facility must meet applicable standards required by County
Health Department. Said employees shall maintain current health cards which
Page 3 of 5 Pages
will be p .ed in Contractor's supervisor's Office. ._ppropriate signs and safety
posters will be displayed throughout the service area emphasizing sanitation
practices and work habits.
g. Performance Bond: Contractor shall furnish a performance bond in the sum of not less
than 100% of this contract on or before the commencement date of the service
contemplated herein.
h. Insurance: Contractor shall maintain insurance according to Section 5, on Page 9 of
Weld County's Bid Request No. B9900205 entitled "Bid Specifications/Contract Food
Service - General Specifications", which is attached hereto and made a part hereof by
reference.
I. Indemnification: Contractor shall indemnify County as stated in Section 4, on Page 9
of Weld County's Bid Request No. B9900205 entitled "Bid Specifications/Contract
Food Service -General Specifications", which is attached hereto and made a part
hereof by reference.
j. Contractor's employees will exercise due care in the use of County food service
equipment and notify County when said equipment is in need of repair or replacement.
7. ACCESS TO RECORDS: Contractor will provide County access to full and accurate
accounts and records of its direct cost as may be necessary for County to meet auditing
requirements.
8. SEVERABILITY: If any term or condition of this Contract shall be held to be invalid,
illegal, or unenforceable, this Contract shall be construed and enforced without such
provision to the extent that this Contract is then capable of execution within the
original intent of the parties hereto.
9. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood
and agreed that the enforcement of the terms and conditions of this Contract, and all
rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing contained in this Contract shall give or allow any
claim or right of action whatsoever by any other person not included in this Contract.
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Contract shall be an
incidental beneficiary only.
Page 4 of 5 Pages
10. ENTIRE_ _REEMENT: The parties hereby agret .at neither has made or authorized
any Contract with respect to the subject matter of this instrument other than expressly
set forth herein, and no oral representation, promise, or consideration different from
the terms herein contained shall be binding on either party, or its agents or employees,
hereto. This Contract embodies all agreements between the parties hereto and there
are no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
11. NO WAIVER OF IMMUNITY: No portion of this Contract shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Contract be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Contract.
The parties hereto acknowledge and agree that no part of this Contract is intended to
circumvent or replace such immunities.
12. AMENDMENT: This Contract may be amended in writing, signed by the parties
hereto.
IN WITNESS WHEREOF the parties hereto have signed this Agreement the clay, month and year set
forth above.
CONTRACTOR:
President
Title:
SUBSCRIBED AND SWORN to before me this 2nd day of January
WITNESS my hand and official seal.
EAL
CINDY TANLER
/ Notary Public ��' �? NOTARY PUBLIC-ARIZONA
My commission expires: '£/3 • , •` MyC ImRIIC AA COUNT.Explree z002
ATTEST: E uoa, WELD COUNTY, COLORADO, by and through THE
BOARD OF COUNTY COMMISSIONERS OF
463ZP WELD COUNTY, COLORAD/O�
BY:
BY:Thz9V
Dale K. Hall, Chairman /
Page 5 of 5 Pages
PERFORMANCE BOND
Bond No. 19 86 53
KNOW ALL MEN BY THESE PRESENTS:
That CORRECTIONAL FOODSERVICE MANAGEMENT as Principal,and AMERICAN HOME
ASSURANCE COMPANY as Surety,are held and firmly bound unto, THE BOARD OF WELD COUNTY
COMMISSIONERS, STATE OF COLORADO as Obligee,in the sum of FOUR HUNDRED EIGHTY THREE
THOUSAND EIGHT HUNDRED SEVENTY EIGHT AND 00/100 DOLLARS ($483.878.00 ) ,for the payment of
which sum,well and truly be made,the Principal and Surety bind themselves, their heirs,executors, administrators,successors
and assigns,jointly and severally,firmly by these presents.
WHEREAS,the Principal has entered into a written contract dated with the Obligee for
FOOD SERVICE MANAGEMENT,CENTENNIAL JAIL,NORTH JAIL COMPLEX,CENTENNIAL
RESIDENTIAL WORK RELEASE FACILITY—CONTRACT 89900205 in accordance with drawings and
specifications prepared by contract is by reference made a par,hereof,and is
hereinafter referred to as tie Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if contractor shall promptly and faithfully
perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be,and declared by Owner to be in default under the contract,the Owner having performed Owner's
obligations thereunder,the Surety may promptly remedy the default,or shall promptly
I. Complete the Contract in accordance with its terms and conditions,or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon
determination by Surety of the lowest responsible bidder,or, if the Owner elects,upon determination by the Owner
and the Surety jointly of the lowest responsible bidder,arrange for a contract between such a bidder and Owner, and
make available as Work progresses(even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less
the balance of the contract price;but not exceeding, including other costs and damages for which the Surety may be
liable hereunder,the amount set forth in the first paragraph hereof The term"balance of the contract price",as used in
this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments
thereto, less amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under
the Contract falls due.
Provided,however,notwithstanding anything herein to the contrary and regardless of the term of the aforesaid contract,that this
bond shall be in effect for a term beginning JANUARY IsT.2000 ending DECEMBER 3IsT,2000 and shall cover
work performed during such term,unless surety elects to extend the effective term of the bond by issuing one or more
continuation certificates. The issuance of any such continuation certificate shall not increase surety's liability hereunder and
surety's liability hereunder shall not, in the aggregate,exceed the penal sum of the bond. Furthermore,failure of surety to
extend the term of this bond or failure of principal to provide a new bond shall not be cause for a claim hereunder.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
their heirs,executors,administrators or successors of Owner.
Signed,scale and dated DECEMBER 307'1. 1999
CORRECTIONAL FOODSERVICE,MANAGEMENT
' (Principal) (Seat '�
y
i J / ( i ones) By
f� FLc E', �� ' ia, ie)Counsel & Asst. Sec
AMERICAN HOME ASSURANCE COMPANY
/9
J9keph Pietrangelo-Attorney-In-East
•i
American Home Assurance CL .pany POWER OF ATTORNEY
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office. 175 Water Street, New York, N.Y. 10038 No. 83-B-06975
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union hire Insurance Company of Pittsburgh,
Pa , a Penns lvani❑ corporation, does each hereby appoint
—Kaaren Reagan, Frank Sioli,Joseph Pietrangelo,William L. Parker,Juan E. Beltran, E. B. Blonde'',Jr.,Gladys Ogden,
Olga Iglesias: of Miami, Florida—
its tnte and lawful Attorney(s)-;.n-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective
company thereby.
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
hate -each executed these presents
this 30'h day of December,�ye/ 1997.
M , ,, �
a ,{, Lawrence W.eitrlstrom, Senior Vice President
3c`�%� 2 National Union Fire Insurance Company of Pittsburgh, PA.
thg2snr.�' 3=drn •t•
Vice President
American Home Assurance Company
STATE OF NEW YORK } i
COUNTY OF NEW S'ORK)ss,.
On this 30w day of December, 1997, before me came the • me
aares e n:ar ed officer of American Home Assurance Company and 4'j e ( a te_
Naomi:: I Iiiiiiii Fire Insurance Company of Pittsburgh, Pa., to me CZBadatiA I-AnIPI
pe:sepal:r k.a..an to be the individual and officer described herein, Ph2sy Aar,a ce '"'°.S'1
an i! a,n::, edged that he executed the foregoing instrument and PD.OI}k 1d29
a:..era: ",e seal; of said corporations thereto by authority of his etrilEgdin&fat Canty
tr
lac v'k Eaas Are 30,j 7 jj
c::;.e
CERTIFICATE
I sseirk or Resolutions adopted by the Boards of Directors of American flame Assurance Company and National Union Fire Insurance Company
nl l'aciiis_!t, Pa on May IX, 1976_
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authonrcd to appoint Attorneys-in-Fact to
re !::-<:a and -act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings
,.:2 r..r. .r.;he nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RE SOtA'E:D, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to
.,:r. ,eit:La:e :elating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsin'nle signatures or facsimile seal shall
Is: i aid .and binding ulwn the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or
w'''''. ''h1:o.a:an in the nature titer;:of;
"12 F S0)I ED that an•: such Altornev-in-Fact delivering a secretarial certification that the limrcooing resolutions still be in effect mar insert in such
,.. ...,.a:. a: 'l.e date thereof, said date to be not later than the date of delivery thereof by such Attorney-iiiFact "
I. : ._'.a:eth St Tuck, Secretary of American Home Assurance Company and of National Cuaon Fire Insurance Company of Pittsburgh, Pa do
Mat the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney
a.i::e.1 r'.rc.vrt thereto, are true and correct, and that both the Resolutions and the Powers of:Attorney arc in full limrce and effect.
IN N ITN ESS O.II FREOF. I have hereunto set my hand and affixed the facsimile seal of each corporation
this 30th day o` December 1999
a . 5$' e ce- r{, t
1 _ ptth /^/ r / j�p/ �ti , y/' '/jam/ '
A, {{//
a �1 i.• Elizabeth M. Tuck, Secretary
ACORD CERTIFICA 1 E OF LIABILITY INSURE-.SCE DATE(MM/DDm)
12/30/1999
PRODUCER ena
Aon Risk Services, Inc. Of Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 019012 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami, Fl 33101-9012 INSURERS AFFORDING COVERAGE
INSURED Correctional Foodservice Management INSURER American Home Assurance
4200 Wackenhut Drive, #100 INSURERS National Union Fire Ins. Co
Palm Beach Gardens, FL 33410 INSURER D Insurance Co. Of State Of PA
INSURER 0
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
G CLAIMS.
IN5R!-- I POLICY NUMBER POLICY EFFECTIVE
�POLTE(MMPI A ION _-- S
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Y)I DATE(MM(DDTIVE LIMIT
LTR I TYPE OF INSURANCE
GENERAL LIABILITY I I I EACH OCCURRENCE I $ 5000000
A X COMMERCIIA GENERAL I I RMGL6122790 I 07/01/1999 I O7/O1/2OOO I FIRE DAMAGE(07/01/2000 I FIRE DAMAGE Any one fire) $ XXXXXX
-OCCUR h MED EXP(My one person) $ XXXXXX
X CONTRACTUAL E&O GENEIT.AL AGGREGATE
$ 5000000
PERSONAL 8.ADV I I
X i PROF LIABILITY $ 5000000
GENL AGGREGATE LIMIT APPLIES PER!j $ 5000000
PRODUCTS COMP/OP AGG
POLICY ni PRO- ',, XI LOC
I AUTOMOBILE LIABILITY I RMCA3209968 07/01/1999 07/01/2000 COMBINED SINGLE LIMIT $ 5000000
A X 'ANY AUTO (Ea acsidenp
X ALLOW I NED AUTOS �RMCA3209969(TX) BODILY INJURY $
I (Per person)---
SCHEDULED AUTOS .
-
X 'I HIRED AUTOS BODILY INJURY $
X i NON-OWNED AUTOS (PeracddenI)
PROPERTY DAMAGE $
• (Per accident)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
I --- EA ACC I $
OTHER THAN
-I ANY AUTO - -
F- ' '. �'I AUTO ONLY- AGG I r$
EXCESS LIABILITY I I , EACH OCCURRENCE I $
OCCUR CLAIMS MADE
AGGREGATE $
$
DEDUCTIBLE L—.----. $
RETENTION $ $
WORKERS COMPENSATION AND I RMWC3474335 (A) 07/01/1999 07/01/2000 X I-PORYLIMITS 10ER I
A EMPLOYERS'LIABILITY !RMWC3474338 (A) E L EACH ACCIDENT r$ 1000000
B ' !RMWC3474339(B) E .DISEASE-EA EMPLOYEE $
-000000
RMWC3474343 (C) _ -
C E.L.DISEASE-POLICY LIMIT $ 1000000
•
OTHER III
DESCRIPTION OF OPERATIONSILOCATIONSNE ICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS r@ilOW/ E
r-
PLEASE SEE ATTACHED
J
CERTIFICATE HOLDER I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION I--- --
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
BOARD OF WELD COUNTY COMMISSIONERS, COLORADO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
P. O. BOX 758 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
GREELEY, CO 80632 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHO IZEoj3,EFE6E�ITA11 V E
ACORD 25-5(7/97) o ACORD CORPORATION 1988
PAGE 1 OF 2
ATTACHED TO AND FORMING PART OF
CERTIFICATE OF INSURANCE ISSUED TO
BOARD OF WELD COUNTY COMMISSIONERS, COLORADO
BOARD OF WELD COUNTY COMMISSIONERS, COLORADO IS ADDED AS
ADDITIONAL INSURED BUT ONLT AS TO LIABILITY ARISING OUT OF OPERA`TIONS
PERFORMED FOR SUCH INSUREDS BY OR ON BEHALF OF THE NAMED INSURED.
CORRECTIONAL FOODSERVICE MANAGEMENT ("CFM'S") NAMING OF CLIENT
("BOARD OF WELD COUNTY COMMISSIONERS, COLORADO"), AS AN
ADDITIONAL INSURED IN ITS LIABILITY POLICY(IES) PURSUANT TO THIS
CONTRACT, SHALL AFFORD COVERAGES ONLY FOR THE GENERAL AND AUTO
LIABILITY LIMITS SPECIFIED IN THE CONTRACT BETWEEN THE CERTIFICATE
HOLDER AND THE INSURED ARISING OUT OF THE NEGLIGENT PERFORMANCE OF
ACTIVITY BY CFM FOR CLIENT PURSUANT TO THIS CONTRACT, BE LIMITED BY
THE TERMS AND CONDITIONS APPEARING IN SUCH CONTRACT, AND IN NO EVENT
BE CONSTRUED FOR ANY PURPOSE SO AS TO MAKE CFM OR ITS INSURER LIABILE
FOR THE ACTS OR OMISSIONS OF THE CLIENT, ITS AGENTS, ITS SERVANTS OR
EMPLOYEES.
CONTRACT NAME: 2000 FOOD SERVICE SHERIFF'S DEPT.
CONTRACT/PO NO. B9900205
SERVICE: FOOD SERVICE
JOB SITE: CENTENNIAL JAIL, NORTH JAIL COMPLEX AND
CENTENNIAL RESIDENTIAL WORK RELEASE FACILITY
TWC - CFM
Serial#: A1149
PAGE 2 OF 2
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