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CC Resolution 10567 RESOLUTION NO. 10567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO AUTHORIZE THE CITY MANAGER TO EXTEND THE AGREEMENT FOR FOOD SERVICE TO THE SENIOR NUTRITION PROGRAM WITH COMPASS GROUP USA, INC. THROUGH ITS BATEMAN DIVISION FOR FISCAL YEARS 2005-2008. WHEREAS, the City of Campbell recognizes the need for Nutrition Services for Senior Citizens in Campbell; and WHEREAS, Compass Group USA, Inc. (Bateman Division) has been designated by the County as the sole responsible bidder for the provision of food services for the City/County Nutrition Program for Fiscal Years 2005-2008. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the City Manager to extend the Agreement for food service to the Senior Nutrition Program with Compass Group USA, Inc. through its Bateman Division for Fiscal Years 2005-2008. PASSED AND ADOPTED this 20th day of September, 2005 by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ATTEST: ~ Anne Bybee, City Clerk SECOND AMENDMENT THIS SECOND AMENDMENT dated August 9, 2005 is between Campbell Adult Center ("Client") and Compass Group USA, Inc. by and through its Bateman Division ("Bateman"). WITNESSETH: WHEREAS, Client and Bateman are parties to a certain agreement dated July 1, 2004 and as amended June 16, 2005 via the First Amendment (collectively, the "Agreement"), whereby Bateman provides home delivered and congregate food services to Client; WHEREAS, Bateman and the County of Santa Clara ("County") are parties to an agreement effective July 1, 2003 ("County Agreement") under which Bateman is contracted to provide home delivered and congregate food services to certain County agencies; WHEREAS, the parties now desire to amend the aforesaid Agreement; NOW, THEREFORE, in consideration of the promises herein contained and for other good and valuable consideration, the parties hereto agree as follows: 1. The parties agree that the term of the Agreement, as amended by the First Amendment, is hereby extended for an additional three (3) year period commencing on October 1, 2005 and ending on June 30, 2008. 2. The parties agree that the meal rate as amended by the First Amendment is hereby modified to reflect the meal rate, and all terms relative thereto, as assessed by Bateman to the County as set forth in the County Agreement. 3. This Second Amendment is effective October 1, 2005 and thereafter, unless amended thereafter. All other terms and conditions contained in the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be signed by their duly authorized officers, all done the day and year first above written. CAMPBELL ADULT CENTER By ~~~ Its~i tv Manaqer COMPASS GROUP USA, INC. by and through its Bateman Division By: Its: ~~