CC Resolution 11432RESOLUTION NO. 11432
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NINTH
AMENDMENT TO THE MASTER AGREEMENT WITH COMPASS GROUPS
USA, INC/BATEMAN DIVISION TO PROVIDE CATERED MEALS FOR THE
SENIOR NUTRITION PROGRAM FOR FY 12-13
WHEREAS, the City of Campbell recognizes the need for a nutritious meal
program for senior citizens in Campbell; and
WHEREAS, Compass Group USA, Inc./Bateman Division has been designated
by the County as the approved caterer for meals for the City/County Nutrition
Program for fiscal year 2012-13; and
WHEREAS, amendments to the Master Agreement with Compass Group USA,
Inc. are required to extend the terms for one year and clarify the financial
obligations of each party.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby authorize the City Manager to execute the ninth
amendment to the master agreement with Compass Group USA, Inc. to continue
to provide meals for the Senior Nutrition Program for fiscal year 2012-13
PASSED AND ADOPTED this 3rd day of July, 2012 by the following roll call
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED'
ATTE~
Anne Bybee, City Clerk
Cristina, Waterman, Low, Kotowski
None
Baker
/ -
Michael F. Kotowski, Mayor
NINTH AMENDMENT TO AGREEMENT
This Ninth Amendment ("Amendment") is effective July 1, 2012 and is between Campbell Adult Center ("Client") and Compass
Group USA, Inc. by and through its Bateman Division ("Contractor') (collectively the "Parties").
WHEREAS, Contractor and the County of Santa Clara ("County") are parties to an agreement effective July 1, 2008 ("County
Agreement") pursuant to which Contractor is contracted to provide home delivered and congregate food services ("Services") to certain
County agencies;
WHEREAS, Client is deemed a County agency under the County Agreement and desires Contractor to provide Services to
Client subject to certain terms and conditions therein;
WHEREAS, Client and Bateman are parties to a certain agreement dated July 1, 2004 and as amended June 16, 2005,
August 9, 2005, July 1, 2007, July 26, 2007, July 1, 2008, July 1, 2009, July 1, 2010, and July 1, 2011, (collectively the "Agreement")
whereby Bateman manages Client's home delivered and congregate meal program;
WHEREAS, the Parties now desire to further amend the aforesaid Agreement;
NOW, THEREFORE, in consideration of the promises contained herein and for other good and valuable consideration, the
Parties hereby agree as follows:
Agreement.
Definitions. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the
2. Meal Rate. In connection with the Services provided by Contractor, Contractor shall charge Client a bulk meal rate of
$4.515 for Agreement year 2012-2013 as stipulated in the County Agreement. Accordingly, the meal rate as set forth in Section 1,
Second Paragraph of Exhibit A to the Agreement is hereby modified to reflect the foregoing meal rate.
3. Term. The term of the Agreement is hereby extended for an additional one (1) year period commencing on July 1,
2012 and ending on June 30, 2013.
4. Confirmation and Integration. Except as otherwise amended by this Amendment, the Parties hereby confirm and
ratify the terms and conditions of the Agreement in its entirely. The Agreement, as amended hereby, constitutes the entire agreement
between the Parties and their predecessors pertaining to the subject matter of the Agreement, as so amended, and supersedes all
prior and contemporaneous agreements and understandings of the Parties and their predecessors in connection therewith.
5. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall constitute an
original and all of which together shall constitute but one and the same original document.
6. Headings. The section headings herein are for convenience only and do not defne, limit or construe the contents of
such sections.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be signed by their duly authorized officers, all
done the day and year first above written.
CAMPBELL ADULT CENTER
By:
Name:
Its:
Date:
COMPASS GROUP USA, INC.
by and through its Bateman Division
By:
Name: Magi Brettler
Its: Regional Vice President
Date: /v ~S~ ~2 e/~-