Loading...
HomeMy WebLinkAboutC2025-010 - 1/28/2025 - Approved se O SERVICE AGREEMENT NO. 6161 Meal Delivery Service For Parks & Recreation 0 p pAl EO 1 THIS Meal Delivery Service for Parks & Recreation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Russell Paul James dba R & R Delivery Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Meal Delivery Service for Parks & Recreation in response to Request for Bid/Proposal No. 6161 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Meal Delivery Service for Parks & Recreation ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The term of this Agreement is three years beginning on the date indicated in the Notice to Proceed issued by the Contract Administrator or the Procurement Division. The parties may mutually renew the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the term of this Agreement or the final Option Period, the Agreement may, at the request of the City and prior to expiration of the term or final Option Period, as applicable, continue on a month-to-month basis for up to six months with pro rata compensation based on the monthly amount calculated from the annual amount shown in Attachment B. During the month-to-month period, either party may terminate the Agreement upon 30 days' advance written notice to the other party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $738,000.00, subject to authorized amendments. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance Service Agreement-R. James/R&R Delivery Page 1 of 8 with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Liza Nino-Elizalde Parks & Recreation Dept. 361-826-3026 LizaN@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. (C) As a sole proprietor, no workers' compensation insurance shall be obtained by the City covering the Contractor and any subcontracted personnel of the Contractor. The Contractor shall comply with all workers' compensation laws Service Agreement-R. James/R&R Delivery Page 2 of 8 applicable to the Contractor and pertaining to any person who may be employed by the Contractor. (D) The Contractor acknowledges, understands, and agrees that, as a non- employee of the City, he is not entitled to participate in any of the City's employee benefit programs nor are his spouse or any dependents of Contractor entitled to participate. (E) The Contractor further acknowledges, understands, and agrees that he will perform the Services on City property, away from City property, or a mix of both, as may be agreed upon by the Contract Administrator and the Contractor from time to time. For the purpose of performing any of the Services on City property, in lieu of the Contractor having workers' compensation coverage, the Contractor agrees to execute the Release of Liability and Covenant Not to Sue instrument, which is attached to this Agreement as Attachment D and the content of which, as a completed instrument, is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place, and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase order signed by an authorized representative of the department or division. The purchase order must reference this Agreement by title and assigned number, and Services must not be rendered until the Contractor receives the signed purchase order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the an costs incurred including additional costs over the item's open market and , p Y g bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products free of any liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment E by the manufacturer, for the period stated in Attachment E, which is attached to this Agreement and its Service Agreement-R. James/R&R Delivery Page 3 of 8 content incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform the Services and work required by this Agreement as an independent contractor and shall furnish such Services in its own manner and method; and under no circumstances or conditions will any representative, agent, or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor is permitted to enter into subcontracts or utilize the services of subcontractors. Contractor shall ensure that all subcontractors adhere to the requirements of this Agreement, including the provisions that require obtaining and maintaining insurance coverages required by this Agreement as well as providing proof of coverages to the City, as set forth in Section 5. Contractor shall remain responsible for the obligations and performance of the Services required to be provided and completed pursuant to this Agreement to the same degree as if the Contractor had performed and completed the Services. 13. Amendments. This Agreement may be amended or modified only in writing executed by an authorized representative of each party. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. Service Agreement-R. James/R&R Delivery Page 4 of 8 15. Taxes. The Contractor covenants to pay all payroll taxes including, but not limited to, Medicare, FICA, and unemployment taxes and all other taxes which may be applicable to the performance of this Agreement. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Liza Nino-Elizalde, Contracts/Funds Administrator Parks & Recreation Dept. P.O. Box 9277, Corpus Christi, TX 78469-9277 Phone: 361-826-3026 Fax: 361-883-0676 IF TO CONTRACTOR: Russell James dba R & R Delivery Service Attn: Russell James P.O. Box 71746, Corpus Christi, TX 78467 Phone: 830-275-0853 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE C►TY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SU►TS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF TH►S AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND Service Agreement-R, James/R&R Delivery Page 5 of 8 ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period provided, the City may immediately terminate this Agreement. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days' advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to any assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, rule, or regulation, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement-R. James/R&R Delivery Page 6 of 8 A. this Agreement (excluding attachments and exhibits); B. its attachments, followed by its exhibits; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal,Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such forum for such disputes is the appropriate district or county court in Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement-R. James/R&R Delivery Page 7 of 8 CONTRACTOR Signature: b Printed Name: 1 ,UU S 5e:u— JA Pi Date: ( — 1 —-D-5 CITY OF CORPUS CHRISTI Sergio"las�(Feb 11,z�csr) M 2025-009 Authorized by Sergio Villasana Director, Finance & Procurement Council 1/28/2025 Date: 02/11/2025 kl fSE RHSB Approved as to form: ATTEST: Clizabeth ffandley 02/07/2025 Rebecca Ifuo&a Elizabeth Hundley(Feb 7,2025 20:06 CST) Rebecca Huerta(Feb 11,2025 15:53 CST) Assistant City Attorney Date Rebecca Huerta City Secretary Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Release of Liability and Covenant Not to Sue Attachment E: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 6161 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement-R. James/R&R Delivery Page 8 of 8 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide meal delivery services for the Parks and Recreation Elderly Nutrition Program - Home Delivered Meals Program as outlined in this Scope of Work. The Elderly Nutrition Program is administered by the Elderly Nutrition Services Program, a division of the Parks and Recreation Department of the City. The meal delivery service for the Elderly Nutrition Program - Home Delivered Meals is for three years. 1.2 Scope of Work A. The City will be responsible for providing the Contractor with sufficient meals packed and ready for shipping with a route specifying the name and address of the recipient daily no later than 9:30am. B. The Contractor will load the meals into the delivery vehicle, deliver the meals to each home, hand the meals directly to the recipient at the door or request permission to enter the home and conveniently place the meal in a designated area and assist the recipient in opening the meal, if needed. It is the responsibility of the driver to initiate direct verbal and visual contact with the recipient each day when the meal is delivered to the home. Additional meal delivery procedures may be implemented by the City to ensure health and safety of delivery drivers and/or recipients. C. The Contractor will deliver approximately 600 meals each day to participating residents for a twelve-month period consisting of 250 days to be delivered between the hours of 10:30am and 1:30pm Monday through Friday as outlined in Exhibit A - 2025 Elderly Nutrition Program - Home Delivery Calendar. D. Training: Elderly Nutrition Program - Home Delivered Meals - The Contractor and City will provide training for driver in areas of meal delivery operations, client confidentiality procedures, handling emergency situations, sanitary methods for delivering meals, general knowledge and techniques of working with aged and disabled individuals. Training will be conducted by the Contractor on a quarterly basis and should be documented by the Contractor for Elderly Nutrition services Program files. E. Hiring of Contractors Employees: The Contractor will ensure that drivers meet the following requirements prior to issuing them a route assignment: a. Valid Texas Driver's License b. Minimum State Requirement of vehicle insurance coverage Revised 1 1.30.20 c. General knowledge of Corpus Christi Limits d. Knowledge of Elderly Nutrition Program meal delivery routes e. The driver must have a valid Corpus Christi/Nueces County Health Department Food Handlers Permit prior to delivering meals. f. All employees are required to complete a basic First Aid/CPR Certification within 60 days of employment g. The Contractor must provide written documentation and maintain records of conducting employee background checks prior to performing work for the City as mandated by the Texas Health and Human Services and Texas Department of Agricultural for the following: i. The Contractor will obtain a criminal history on each driver directly or through a public agency for a Criminal History record of the applicant through Department of Public Safety. ii. The Contractor will obtain an Employee Misconduct Registry online through the List of Excluded Individuals/Entities (LEIE) maintained by the United States Department of Health and Human Services Commission. iii. The Contractor must obtain a Nurse Aide Misconduct Registry online through the LEIE, maintained by the United States Department of Health and Human Services Commission, Office of the Inspector General. F. The Contractor's employees must adhere to the following: a. Employees must pass background checks prior to employment. The Contractor will conduct an Employee Misconduct Registry and the Nurse Aide Registry monthly while employed. b. Must wear a picture style identification badge on the upper outer garment when delivering meals. Such badge shall be approved by the Contract Administrator or designee. c. Must comply with professional dress code requirements. Workplace attire should reflect a professional image. Clothing such as halter tops, tank tops, strapless tops, tops with spaghetti straps, sweatshirts, wind suits, athletic clothing, spandex, leggings, skorts, and pants above the mid-calf length are not appropriate. Walking shorts are allowed, the hem should not be higher than 3 inches above the knee. d. Clothing should not distract, be offensive, or reveal areas of the body such as abdomen, chest, upper thighs, or buttocks area. Clothing should not be excessively tight fitting or provocative. Revised 1 1.30.20 e. Dress, accessories and jewelry which contain obscene symbols, signs or slogans, and/or which slur or degrade based on race, religion, ethnicity, sex, disability, or sexual orientation, contain language or symbols supporting sex, drugs, alcohol, or tobacco, and impose a threat of imminent violence are not allowed. f. Clothes shall be sufficient to conceal undergarments at all times.See-through fabrics, sheer, fishnet fabrics (clothing with large holes), halter tops, off the shoulder, low cut tops, and bare midriffs are not allowed. See through shirts may be worn with t-shorts that meet dress code. g. Sagging and/or baggy pants must not be worn. Pants need to be properly fitted and/or worn with a belt. Pants may not drag on or touch the ground. Jeans with holes, tears, and/or frays including ragged hems should not be worn. "Low Rise or "Hip Hugger" style jeans are prohibited. h. Additional inappropriate items that should not be worn are, shoes known as thongs, slippers, "Crocs" or similar plastic clog design, water shoes, beach sandals, and flip-flops. i. All other requirements as per Elderly Nutrition Program Home Delivery Meal Training Handbook for drivers. G. The Contractor will provide a Home Delivery Meal (HDM) Route Supervisor to be housed at the Nutrition Education Services Center, Monday through Friday from 8:00am until all drivers return to the kitchen. The responsibilities of the HDM Supervisor are as follows: a. Verify daily route charts for accuracy before drivers arrive (i.e., pick up cancellation/reservation route sheets for any documentation) b. Addressing Contractor's employee issues (i.e., drivers calling in sick, training, etc.) c. Calling back up drivers to fill in when necessary. The Route Supervisor may not serve as a designated back-up driver In the event there is a driver shortage, the Route Supervisor will notify the City by 9am that morning for City Staff to provide support if needed. d. Assist in packing route meals and milk to verify accuracy. e. Assist in troubleshooting calls from drivers. f. Verify Route Sheets daily. g. Submit daily Total Route Sheet reservations for the next serving day by 1:30 pm to City staff. Revised 1 1.30.20 h. Complete and submit weekly Summary Report to the Contract Administrator or designee by 4:00pm on Fridays. 1.3 Delivery Requirements A. Meals will be packed at the Central Kitchen by the Contractor and must be kept in the holding containers provided by the Contractor until the meal is delivered to the recipient. To prevent a fluctuation in meal temperatures, drivers will not transfer packed meals from the original holding containers into private or personal holding containers. B. The Contractor will replace broken or misused holding containers in a timely manner. C. The Contractor will provide twelve food carts for loading meals on to the delivery vehicle. Hot and cold food will be maintained as per Texas Health and Human Services standards for the Elderly Nutrition Program throughout the transport (For example: milk will be kept in the cooler always packed in ice until delivered). D. For the Elderly Nutrition Program-Home Delivered Meals, the Contractor will deliver a specified number of frozen meals to designated recipients along with the hot meals as client/recipients service plans require. E. Each driver will complete their route within a two-hour to three-hour window, commencing from pick up time to the time they return to the kitchen. F. Meals delivered after the three-hour window will be billed at a half rate and any meal delivered after 3.25 hours will be returned to the kitchen and will not be billed to the City of Corpus Christi's Senior Community Services Division. G. The driver will log the delivery time to the first and last delivery to recipients. H. The driver will verify the meals packed for delivery as per the daily route sheet to assure accuracy. If a driver is short a meal(s) they will be responsible for returning to the kitchen and delivering the meal to the recipient (i.e., a driver fails to count the meals before leaving the kitchen or a driver delivers a meal to a client who was marked "off" the route sheet). The City will be responsible for delivering the meal if it was the fault of the City; (i.e., the City fails to properly document a cancellation or omits to add a recipient on the route). The payment reduction will not apply to meal shortages resulting from documentation errors made by City Staff. I. All meals will be delivered in an enclosed vehicle without exception to this requirement (i.e., meals will not be placed in the back of a pickup truck that Revised 1 1.30.20 does not have a shell). Vehicles must comply with safety, Health Department, Texas Health and Human Services (Elderly Nutrition Program) standards and must be properly maintained. J. The Contractor will maintain approximately 10 routes consisting of approximately 55 stops each. The number of routes is contingent on the number of routes in the service area. Changes to routes will be only made with prior City management approval. K. The Contractor will return all undelivered meals (i.e., tray, condiments, milk, etc.) and equipment to the kitchen, along with a locked money box used by the driver to collect any donations made by the recipients. L. An additional meal will be delivered prior to the following designated holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and one other Holiday designated by the Corpus Christi City Council. Contractor will deliver meals on designated staff in-service dates to be held each quarter. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions A. NO SOLICITATION: Drivers must not solicit or accept gifts, favors, tips, or any other items in value from a recipient or other person on behalf of the recipient in connection with the services rendered under the contract. B. NOTIFICATION: Elderly Nutrition Program - Home Delivered Meal drivers must immediately notify an employee of the Senior Community Services of any safety, health, or fire hazards observed in the recipient's home. Any significant changes observed in the recipient's physical or mental condition must also be reported immediately. In addition, Contractor is to report when previous day's food is found uneaten and/or where it was left the previous day, the recipient cannot be found, and suspension of services has not been authorized. C. ESSENTIAL SERVICES DURING SEVERE WEATHER EVENTS AND OTHER EMERGENCY SITUATIONS: The availability of Contractor to maintain meal delivery before, during, and after an emergency as requested by the City to provide for the health, safety, and well-being of the home delivery recipient. City staff will inform Contractor of readiness levels as conditions warrant. Contractor will provide Emergency Plan for continuation of service. Revised 1 1.30.20 EXHIBIT A 2025 W 1 V S 7,2 P. 1' ,V '1 F a a h7 1 W T F S 1 2 3 4 1 1 6 6 7 B 9 10 11 4 5 6 1" B 2 1 4 5 6 7 3 12 13 14 16 16 17 7€ 0 10 11 12 13 14 '16 9 10 11 12 13 14 16 19 20 21 22 23 24 25 3 17 IB 19 20 21 22 1 to 19 20 kl 22 26 27 2B 29 30 31 `'3 24 25 26 27 28 2y 24 15 26 27 28 29 t10 31 i.1 T W T F 8 S ri T w T F S 5 M T W T F S 1 2 3 4 5 1 2 3 # 2 3 4 5 6 7 6 7 8 9 10 11 12 A 5 6 7 8 9 `10 11 5 10 11 12 13 14 13 14 19 16 17 18 15 11 12 13 14 15 16 17 lfi 16 17 16 19 20 29 0 21 22 23 24 25 26 15 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 20 34 95 26 27 28 29 30 31 29 30 S hl T W T > S P,1 T V'1 T F S ISMO,, T W T 1' S 1 2 3 4 5 1 2 1 2 3 4 5 6 9 10 11 12 3 4 5 6 7 8 9 7 B 9 10 11 i2 18 13 14 15 16 17 18 19 7b 11 12 13 14 i5 7Ci M 15 16 17 18 19 20 2t7 21 22 23 24 25 20 '17 16 19 20 21 22 23 21 22 23 24 25 26 27 27 29 29 30 3f ',}J 25 26 27 29 29 40 78 29 30 31 r • . : 7-qp!l TW1- 1= S aPd 'f VV T F 8 S PA TWIFS 12 3 q 1 1 2 3 4 5 U 6 b 7 8 9 10 11 2 3 1 6 6 7 6 7 8 9 10 11 12 13 12 13 1,1 15 16 17 '18 9 10 11 12 13 14 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 2'1 22 23 24 25 26 27 26 27 2B 29 30 31 23 24 25 2G 27 29 29� 28 29 30 31— v� Revised 11.30.20 vs cr Attachment B - Bid/Pricing Schedule oar CITY OF CORPUS CHRISTI 0 FINANCE & PROCUREMENT BID FORM HCo n 1e52 RFB NO. 6161 MEAL DELIVERY SERVICES FOR PARKS & RECREATION Date: PAGEIOFI i p Authorized Q Bidder: I` ��I-IU��'�� �j� ��'Ic�' Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. j 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. i b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Finance & Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. ITEM DESC�IPTIQN '; UNIT,. , (STY ,� `UNIT PRICE TOTAL.PR(C.r E Elderly Nutrition Program - ( �, �y 3 000 Yr. 1 Home Delivered Meals Meal 150,000 Elderly Nutrition Program - I y Z((� 0 0 0 Yr. 2 Home Delivered Meals Meal 150,000 Elderly Nutrition Program - I �^ �� a a 0 Yr. 3 Home Delivered Meals Meal 150,000 ' GRAND TO.TAI. i i i ATTACHMENT C -INSURANCE AND BOND REQUIREMENTS INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises-Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single 1. Owned Limit 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that.Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. There are no Bond Requirements for this Service Agreement. 2024 Insurance Requirements Purchasing - Parks & Rec Meal Delivery Service for Elderly Nutrition Program and Summer Youth Feeding Program 09/01/2024 Risk Management- Legal Depf. ATTACHMENT D RELEASE OF LIABILITY AND COVENANT NOT TO SUE STATE OF TEXAS § COUNTY OF NUECES § This release of liability and covenant not to sue ("Release") is executed on the date indicated below and is entered into for the purpose of releasing the City of Corpus Christi and its officers, officials, employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by Russell Paul James ("Contractor"), an individual, in providing services to and for the City, which is the subject of the attached contractual agreement ("Agreement") between the City and Russell Paul James. This Release serves to relinquish and forever waive certain legal rights to which Contractor may be entitled by law or in equity. As such, Contractor is encouraged to consult with an attorney of his/her own choosing and at Contractor's sole expense prior to signing this document; however, Contractor may voluntarily choose to sign this Release without obtaining such consultation. I, Russell Paul James/Contractor, in exchange for the City allowing me to forego the condition of providing workers' compensation insurance coverage (which includes covering myself or obtaining a separate health policy covering myself) as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1. I acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an independent contractor, I will receive no workers' compensation benefits, health benefits, disability benefits, nor other insurance benefits of any kind which might be available to full-time employees of the City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement; 2. 1 acknowledge and understand that there may be risks involved in participating in the Agreement, I voluntarily and knowingly assume any and all such risks, and I shall rely solely on myself and not the City in determining what those risks are and the extent of and exposure to the risks involved. I understand and agree that I am participating in this Agreement at my own risk, and I hereby release, waive, and in all ways relinquish any and all present and future claim(s) against the City that I, my heirs, successors, permitted assigns, or any other person or entity (as used collectively here and hereinafter as "I") may assert, have, or acquire as a result of any bodily injury (including serious injury resulting in death), property damage, or loss of any kind whatsoever to myself or to my real or personal property arising out of, resulting from, or in any way connected with my participation in the Agreement between myself and the City; 3. 1 hereby release the City from all liability and waive and relinquish any and all such claims which may arise, and I further covenant not to file any lawsuits against nor join in any lawsuits with others to sue the City for any such claim, injury, loss, damage, or expense from participating in the Agreement regardless of whether the same may arise, Page 1 of 2 result from, or be caused by any negligence or gross negligence of the City; 4. 1 acknowledge that the services I provide pursuant to the Agreement may occur on real property located in the City of Corpus Christi, Nueces County, Texas, and that may be owned, leased, controlled, or managed by the City. Further, I acknowledge that my services under the Agreement may, at times, be performed with tools, equipment, and other personal property owned, leased, controlled, or managed by the City. By execution of this Release, it is my express intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my performance of services on City real property and that may be performed with tools, equipment, or other personal property of the City; 5. 1 desire and agree that this Release shall apply to any and all activities during or in any way connected with my individual participation in the Agreement and my performance under such Agreement; 6. 1 agree that this Release shall be governed by and be enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where the Agreement is performed and my services are provided; 7. 1 acknowledge and fully understand that I am required by State law to provide workers' compensation coverage for any person(s) that I employ who participate in providing or performing any of the services under the Agreement and agree to so obtain the required workers' compensation coverage as mandated under this Agreement; and 8. 1 hereby acknowledge that I have been informed in writing that I may consult an attorney prior to signing this Release. I have carefully and thoroughly read the foregoing provisions of this Release of Liability and Covenant Not to Sue and, intending to be legally bound, voluntarily accept each of its terms and conditions and willingly agree to the covenants to which I am bound. EXECUTED this day of J�Nya � , 2025. Russell Paul James STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me one Vj 2025, by Russell Paul James. Notary Public's Signature co /i%�����••....•• ��� Page 2 of 2 ��llllllllll ATTACHMENT E-WARRANTY REQUIREMENTS No warranty is required for this Service Agreement.