Summer Food Service Program_IFB - Chicago Park District

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one accident. The contractor shall furnish the Sponsor with such evidence of insurance, including insurance covering contractor’s contractual liability hereunder, as the Sponsor may reasonably require. E. Contractor shall indemnify Sponsor and the State against any loss or damage (including attorney’s fees and other costs of litigation) caused by the contractor’s negligent acts or commission of contractor’s agents or employees. Contractor expressly agrees to defend any suit against the Sponsor alleging personal injury, sickness, or disease arising out of consumption or use of the merchandise sold, as well as any loss resulting from pilferage by contractor’s employees. The Sponsor shall promptly notify the contractor and the State Agency in writing of any claims against either contractor or Sponsor and, in the event of a suit being filed, shall promptly forward to the contractor and the State Agency all papers in connection therewith. The Sponsor shall not incur any expense or make any settlement without contractor’s consent; providing however, that if contractor refuses or neglects to defend any such suit, Sponsor may defend, adjust, or settle any such claim, and the costs of such defense, including reasonable attorney’s fees, may be charged to the contractor’s account. 12. Indemnification Contractor agrees to and does hereby assume all responsibility for and agrees to indemnify, save and hold harmless, and at the Park District’s option, defend the Park District, its Commissioners, officers, employees, volunteers, and agents (collectively, the “Indemnitees”) against any losses, claims, damages, liabilities, actions, suits, proceedings, costs or expenses that the Indemnitees may suffer, incur or sustain or for which it or they may become liable (including, but not limited to, mechanic’s liens, personal or bodily injury to or death of persons or loss or damage to property) resulting from, arising out of, or relating to any negligence or intentional misconduct in the performance of the contractor under this Agreement. The obligation to indemnify the Park District shall survive the termination or expiration of this Agreement. 13. Prevailing Wage Each bidder, contractor, and subcontractor shall comply with all applicable prevailing wage requirements. The contractor shall comply with 820ILCS 130/0.01 et seq., as it may be amended (the “Act”), so long as the Act is in effect, in order to ensure that such persons covered by the Act are paid the prevailing wage rates as ascertained by the Illinois Department of Labor. All such contracts shall list the specified rates to be paid to all those employed in the contract. If the Illinois Department of Labor revises such prevailing wage rates, the revised rates shall apply to all such contracts. As a condition of making payment to the contractor, the CPD may request that the contractor submit an affidavit or other evidence to the effect that not less than the prevailing hourly wage rate is being paid to those employed on contracts, in accordance with Illinois law. 14. Non-Liability of Public Officials Contractor and any assignee or sub-contractor of contractor must not charge any official, employee or agent of the Park District personally with any liability or expenses of defense or hold any official, employee or agent of the Park District personally liable to them under any term or provision of the Agreement or because of the Park District’s execution, attempted execution or any breach of the Agreement. 15. Minority-and Women-Owned Business Enterprise Participation The contractor shall comply with the Compliance Conditions of this contract, which governs minority- and women-owned business enterprise programs (“MBE” and/or “WBE”), and requires the contractor compliance with the CPD’s goal of awarding not less than 25% of the aggregate dollar value of all contracts to qualified MBEs and 5% to qualified WBEs. Chapter XI, Section F of the Code of the Chicago Park District establishes the Minority- and Women-Owned Business Enterprise program. A copy of this ordinance is available from the CPD, Department of Purchasing, 541 North Fairbanks Court, 3rd Floor, Chicago, Illinois 60611; (312) 742-5380. During the term of the contract and any extension thereof, the contractor shall complete and submit quarterly MBE/WBE Utilization Reports. 10
SECTION G GENERAL PROVISIONS 1. This contract constitutes the entire agreement between the sponsor and contractor and may not be changed, extended orally, or altered by course of conduct. No other contracts will be signed by the sponsor. 2. It is further agreed between the sponsor and contractor that the exhibits, attachments, and clauses attached and designated are hereby in all respects made a part of this contract. 3. The contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended; USDA regulations implementing Title IX of the Education Amendments; Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975; 7CFR Parts 15, 15a, and 15b; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement in the School Nutrition Programs; and any additions or amendments. 4. If this contract is in excess of $100,000, the sponsor and contractor shall comply with all applicable standards, orders, and regulations, including but not limited to: A. The Clean Air Act (42 USC 1857[h]), the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR 1.1); B. Certification Regarding Lobbying pursuant to 31 USC 1352 (Appendix A: 7 CFR Part 3018); and C. Disclosure of Lobbying Activities pursuant to 31 USC 1352 (Appendix A: 7 CFR Part 3018). 5. The contractor certifies compliance with: A. Energy Policy and Conservation Act (OMB Circular A-102, Attachments O, paragraph 14.j); B. The Department of Labor regulations (29 CFR Part 5); and C. Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 and Department of Labor Regulations (41 CFR Chapter 60). 11
Page 1 and 2: SECTION A SUMMER FOOD SERVICE PROGR
Page 3 and 4: SECTION C INSTRUCTIONS TO BIDDERS 1
Page 5 and 6: SECTION D SCOPE OF SERVICES 1. Cont
Page 7 and 8: • Date of production • Quantity
Page 9: whichever occurs last, through __Fe
Page 13 and 14: Exhibit A - Program Sites Name and
Page 57 and 58: EXHIBIT B - MENUS Sponsor shall att
Page 59 and 60: EXHIBIT C REQUIRED MEAL PATTERNS SU
Page 61 and 62:
GROUP E • Cookies 1 , with nuts,
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Bidder Responsibility and Bid Respo
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Bid-Rigging Certification _________
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DISCLOSURE OF LOBBYING ACTIVITIES C
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DISCLOSURE OF LOBBYING ACTIVITIES C
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P. The term “schedules” means t
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their Schedule Bs. The Park Distric
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1. SCHEDULE A [STATEMENT OF PRIME B
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2. Name of MBE/WBE: Address: Contac
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II. Summary of MBE/WBE Plan: A. MBE
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ALTERNATE SCHEDULE A SIGNATURE PAGE
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MBE/WBE UTILIZATION REPORTING REQUI
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SUSTAINABILITY STATEMENT Attach add
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5. Tax identification number (optio
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5. IF THE UNDERSIGNED IS ANY OTHER
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If the letters "NA," the word "None
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If the letters "NA," the word "None
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segregated by explicit directive or
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EDS CERTIFICATION Under penalty of
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Summer Food Service Program_IFB - Chicago Park District

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