Loading...
HomeMy WebLinkAboutFruit 'N' Juicy Post Office Box 865 Harlem, GA Augusta Richmond GA DOCUMENT NAME: t\-U\-\- '\.)' -ll\Clj \brt ~ce m~?:J...s,S \\o.'(\eN\C:lP DOCUMENTTYPE:~~~~ YEAR: ~ BOX NUMBER: \ q FILE NUMBER: \{JC\ CD NUMBER OF PAGES: \<6 , , , . . AMENDED AGREEMENT This Agreement is entered into on and as of /7JtJAa/{ / b~f) ~y and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as "Augusta"), and Fruit 'N' Juicy, Post Office Box 865, Harlem, GA - 30814 (hereinafter referred to as "Vendor"). WHEREAS, It is the desire of the Augusta-Richmond County Commission (the Commission) to select a firm to operate a snack bar in the Municipal Building,530 Greene Street, Augusta, Georgia to serve the administrative and court employees that work in the building as well as the hundreds of visitors entering the building each week. The existing snack bar is located within a 17' x 18' room that opens onto the first floor lobby. (See Exhibit I for approximate layout) Almost all building patrons and employees must pass this location each time they enter and leave the building. The existing operator sells prepackaged candies, snack foods, coffee and soft drinks as well as a very limited selection of packaged sandwiches. Prices are, on average, slightly less than those charged in local convenience stores. WHEREAS, Augusta is seeking an agreement with the Vendor, who is currently engaged in the food service industry, to replace the current operation of the snack bar in the Municipal Building located at 530 Greene Street, Augusta, Georgia. The agreeing parties acknowledged and understood the following conditions and guidelines: 1. The snack bar is to be operated within the confines of the space indicated in Exhibit I, attached hereto. There is no adjacent seating area. (Vendors submitting statements should visit the existing location to ascertain existing conditions prior to preparing their submittal). The equipment presently in the snack bar is the property of the current vendor and will not remain after they vacate the premises. . Jr.}(/~:q: 2. The Vendor shall pay rent in the amount of $200.00 per month~~oJlJ ~e Vendor's proposal~ is herein incorporated / by reference. Rent shall be due on the 10th day of the followil"!g month ~tsrting on Jsnl:Jary 10, 2004. .E9yment~ receil/@d sfter the 1 ~h of th@ month ~hall incur a 10 % late penalty. Payments must be made to: Augusta Accounting Department 530 Greene Street Augusta, Georgia 30901 , . . AMENDED AGREEMENT This Agreement is entered into on and as of , by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as "Augusta"), and Fruit IN' Juicy, Post Office Box 865, Harlem, GA - 30814 (hereinafter referred to as "Vendor"). WHEREAS, It is the desire of the Augusta-Richmond County Commission (the Commission) to select a firm to operate a snack bar in the Municipal Building,530 Greene Street, Augusta, Georgia to serve the administrative and court employees that work in the building as well as the hundreds of visitors entering the building each week. The existing snack bar is located within a 17' x 18' room that opens onto the first floor lobby. (See Exhibit I for approximate layout) Almost all building patrons and employees must pass this location each time they enter and leave the building. The existing operator sells prepackaged candies, snack foods, coffee and soft drinks as well as a very limited selection of packaged sandwiches. Prices are, on average, slightly less than those charged in local convenience stores. WHEREAS, Augusta is seeking an agreement with the Vendor, who is currently engaged in the food service industry, to replace the current operation of the snack bar in the Municipal Building located at 530 Greene Street, Augusta, Georgia. The agreeing parties acknowledged and understood the following conditions and guidelines: 1. The snack bar is to be operated within the confines of the space indicated in Exhibit I, attached hereto. There is no adjacent seating area. (Vendors submitting statements should visit the existing location to ascertain existing conditions prior to preparing their submittal). The equipment presently in the snack bar is the property of the current vendor and will not remain after they vacate the premises. 2. The Vendor shall pay rent in the amount of $200.00 per month, starting January 1, 2004, as stated in the Vendor's proposal, which is herein incorporated by reference. Rent shall be due on the 10th day of the following month. Payments must be made to: Augusta Accounting Department 530 Greene Street Augusta, Georgia 30901 3. Utilities: Augusta shall furnish, at no charge to the Vendor, local telephone service only, space, light, heat, power, hot and cold water and only such utilities as are necessary for the operation of the food services (exclusive of any required grease traps and maintenance thereof). 4. The Vendor shall provide a II equipment, I icenses, fees, taxes, personnel, supplies and merchandise required for operations. 5. Remodelinq: The space provided is "as is". The Vendor, at its own expense, may renovate the area to better serve the needs of Augusta and the Vendor. The Vendor will be responsible for any required renovations/upgrades to the space and/or utility services necessary to support its operations. The Vendor shall provide all equipment, material and personnel for construction. All construction shall be coordinated so as not to disrupt ongoing business operations within the building. Due to the nature of court operations, some work may have to be performed after business hours. Any and all changes to the space must be submitted to Augusta by a licensed Architect or Engineer for approval. 6. All operations must be in compliance with all applicable regulations. 7. Minimum hours of operation shall be from 7:45 AM to 3:45 PM Monday through Friday. The vendor shall observe the same holidays as recognized by Augusta. 8. Cleaninq: The Vendor shall be responsible for maintenance and cleaning all surfaces in any Augusta owned areas with: a. Cleanliness measures conforming to all local City, County, State and Federal health regulations. Decisions as to cleanliness shall be made by Augusta. b. Sanitation measures taken including pest control. c. Vendor shall wet mop daily the entire food service areas. 9. Garbaqe and refuse: Augusta shall provide the necessary service for the removal of garbage and refuse to the dumpster. The Vendor shall bag all refuse and keep all garbage containers, and surrounding areas clean. Vendor shall carry trash to be removed to dumpster. 10. Siqns: the Vendor shall provide signs in conspicuous places, so that they may be observed while approaching the snack bar. These signs shall list the items of food, prices and the hours of operation. Other than these, no signs, logos or advertisements shall be posted anywhere in the building area without the approval of Augusta. 11. Relationships: a. The Vendor, nothing herein withstanding, is an independent Contractor to Augusta. b. Augusta reserves the right to control the usage of the snack bar therein. c. Augusta shall have no direct control over the Vendor or the person assigned as snack bar manager. d. Employees of the Vendor, or others while engaged in performing any of the work or services required by the Vendor, shall not be considered employees of Augusta. e. Vendor shall maintain its own written safety and personnel policies, and labor relations. Any rules concerning these matters or any other matters that may be required by Augusta for the Vendor's employees will be furnished to the Vendor in writing. 12. Emplovees: a. Vendor shall provide enough employees to provide prompt service, efficiently and in a way satisfactory to Augusta.. b. Employees must meet all requirements for health and cleanliness. All employees must be neat and clean at all times. Uniforms will be provided by the Vendor, subject to approval of Augusta. Augusta will issue identification badges to all Vendor's employees. c. Augusta reserves the right to have any employee removed from the snack bar area permanently or temporarily for any reasonably stated cause. d. Augusta requires that all concession employees be professional, polite, courteous and dressed appropriately at all times. e. Augusta reserves the right to require more concession employees if the concession area is not sufficiently staffed with enough employees to handle the daily flow of traffic in the concession area. 13. Inspection: The Vendor shall allow Augusta and all City and State authorities charged with the duty of inspecting the facilities, access to the premises at all reasonable hours for purposes of inspection. 14. Ordinances, Laws and ReQulations: The Vendor shall comply with all local ordinances, laws and regulations pertaining to operation contemplated herein. The Vendor shall apply for, pay for and obtain all permits and licenses as required for the operation contemplated herein. 15. Term, Renewal and Termination of Contract: The term of the contract shall be for two years, with an option to extend this contract for an additional period of two years. Augusta reserves the right to cancel this agreement upon sixty (60) days notice, should the vendor fail to meet the terms of this agreement. 16. Taxes: It shall be the Vendor's responsibility to pay all applicable Federal, State and other taxes and submit necessary reports required. 17. Business Transactions of the Vendor in connection with this contract shall be conducted in his own name and not in the name of Augusta. Augusta shall be held harmless and in no way at any time be responsible for receipt of, storage of, or payment for any goods ordered by or purchased by the Vendor. 18. The Vendor, including personnel employed by or acting for Vendor, shall be considered as an independent contractor and not as an employee or agent of Augusta. Augusta shall not be liable for any losses suffered by the Vendor, including damage to vendor-owned equipment, pecuniary losses, theft, fire, accident, inventory loss or other. PRODUCTS: All items for re-sale are the responsibility of the vendor. Augusta assumes no liability associated with theft of products for food and beverage re-sale. After the initial product list has been established, Augusta must approve any additional products or changes in prices. The concessionaire will assure that all products offered are fresh and are within the product freshness date. Augusta reserves the right to have the concession area inspected for quality of product by the Richmond County Health Department. No alcoholic beverages may be sold. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical f or any Augusta-Richmond County employee or official to transact any business or participate directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining tot he procurement contract, except that the purchase 0 f goods and services from businesses which a member of the Commission or other City of Augusta employee has a financial interest is authorized as per a.c.G.A. 36-1-14, or the procurement contract is awarded pursuant to a.C.G.A. 45-10-22 and 45-10-24, or , " the transaction is excepted from said restrictions by O.C.G.A. 45-10- 25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or official's immediate family is negotiating 0 r h as an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official's immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not bed eemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. OWNERSHIP OF DATA: The ownership of all data, drawings, charts, etc, which are prepared or produced under this contract shall be that of Augusta, Georgia. NOTICES: Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: 1, AUGUSTA: Administrator Room 802, City-County Bldg. (11) 530 Greene Street Augusta, GA 30911 2. VENDOR: Fruit 'n' Juicy Post Office Box 865 Harlem, GA 30814 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. VENUE: All claims, disputes and other matters in question between Augusta and the Vendor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Vendor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. ENTIRE AGREEMENT: This Agreement along with the vendor's proposal, all exhibits and attachments hereto shall constitute the entire agreement. This agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. 0 nly a further writing that is duly executed by both parties may modify this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as the day of February, 2004. Sf ATTES~~~ ~ By: WlA Clerk ., . _, ___. .... _--r-,.....,..y,~ rUO..:lI":::::Lf.OU;':: -.- .......nv l..-.1-'IoVY Llt=,,",M I Mt:::.I'l I; t-'age 2 JAN-15-2004 22:07 ARC PURCHASING 7063124602 P.02/02 ~,. """ .;,. FRUIT 'N' JUICY ..0. BOX_: a:~ RI.Il'\f,.GA. 3881" " " PBONR(7N)~5:. 'AX (7~-82''''' . " Our~'~ for opemtiOO:afthe pi-oposed.~,is.to,offer.-a'~'of' . food,.~~ 8DfI..t~.produclsifaHowed:We wouId~"be~". opeD to suggestioB&~eur~pvduot,liDe.to accomodate eveqroDe.. Our boom of operation for the 'lIftAl'.kWr wouId:be fiom 7:45 to 3:45 aOd cOukt~~, ~iDg;upao.~, , " We propoIO,tc>mab'~ pIIyml:iDts..to tbc'OWDar'in'the. amount,ofS200.00' per tnfWtth'peyabJebytbe"lOtJfof~foltowing'ro.nntli' ' " .., We ~8D ~g date offive wod::ing,days..fim1.~Ition of~1mclin order.to'fX6mb.ud.'8Dd'~'ueeessary"COUIltcdlJp andplumbio:g:ifilooclett." " '...' To 1UI8le,~ COIdrol our ~ mIy sel.b.item.J.tbatate witbDl..1I>>~ date' peri,od' and refiigerated products. are'Jrept.at a 1emper..dmt:l that would anowlhe ' prodUcts1&nmUa'~" ' Since 1998 -we haw been under cootmct With Augusta PieJnnt-od.CODDty,. Recreatioo.and'P.m~'to op:m1e1'ftlCe.'MiOOB'.at'\lBl'ioos-sporm~;,. . Tom Beck Rafereooes ARCRPDmirector 796-5025 ARCRPD/Assl Director 796-5025 llliuwalk.SpecialE:veobL., 821;.17S4, Supervisor Robert. HoW8Id: " M:atiIda Beonett.. tJaihJ I-kf Jif' TnTOI P VI? n1I:1\..,,'C'..LV0'-" . I f I Of u....,. I I ; I ~J"o'\.IVI)l ruo ~~l lB3B -> AHG LAW DEPARTMENT; Page 5 Jqn 16 2004 10:33AM CLERK OF COMMISSION 7068211838 p.5 . " , . " .,;" " Request for Qualifications For Snack Bar Operator Number: 03-117 Submittals Received: 4 Companies: AGAPE/Sysco Fruit 'n' Juicy Silla GA T ASC (GA Training and Support in the Conununity) Ranking: Fruit 'n' Juicy AGAPElSysco GA TASC Silla Company AGAPE Fruit 'n' Silla GA TASC Juicy Proposal Content and Reauirements 1. Cover Letter Yes Yes No Yes 2. General Information Yes Yes No Yes 3. Financial - Waived 4. Experience New 1995 Not Est. 1974 by Addressed RC Development Services 5. Staffing 1-2 1-2 Not 1+ Addressed Trainee{s) 6. Concept Yes Yes No Yes 7. All profIts realized from the operation of the Yes Guaranteed No No vendor after the net guaranteed minimum fee is Payment paid to Owner. S. Schedule Yes Yes No Yes 9. Quality Control- Quality Control and Addressed Addressed Not Addressed Assurance of Professional Food Services will be of Addressed paramount importance. The selected Team must address their approach to Quality Control and Assurance: a detailed discussion of the methodology to be used must be included 10. References Yes Yes No Yes 11. Su Yes Yes No Yes 12. Insurance (ability to obtain, if not insured) Not Yes Not Yes Addressed Addressed 13. Other - Other information the firm wants to be 'Y:es Yes No Yes considered. 14 Complete Exhibit I No Yes Yes Yes :.::.I:...=--......~.. ...~~IIIIIi..~I'I. ....__~....~~.:Kt: .:.';;;:-;;;; ~.:.';,~.~.;;;;~:;;;;;;;; - -,;~ =i!;; ,,; i Jan 16 2004 10:33AM CLERK OF COMMISSION 706 821 1838 p. 1_____ q . , AGREEMENT This Agreement is entered into on and as of '5~d,' d08 . by and between Augl!sta, Georgia, a politlcalsubdiv;sion of the State of eorgia ('Augusta"), and Fruit 'N' Juicy, of Post Office Box 865, Harlem, GA - 30814 (hereinafter referred to as. the Vendor). . . . WHEREAS, It is the desire of the Augusta Commission to select a firm to operate a snack bar in this location to serve the administrative and court el11ployees that work in the building as well as the hundreds of visitors entering the bUilding each week. The existing snack bar is located -within a 17' x 18' room that opens onto the first"floor - lobby (See Exhibit I for. approximate. layout). Almost all building patrons and employees must pass this location each time they enter and lE!ave the building. The. existing operator sells prepackaged candies, snack foods, coffee and soft drinks as well as a very limited selection of packaged sandwiches. Prices are, on average, slightly less than those charged in local conveniel')ce stores. WHEREAS~ The Owner is seeking an agreement with Fruit'N' Juicy (hereinafter referred to as the Vendor), who is currently engaged to the food service industry, to replace the current operation of the snack bar of the Municipal Building located.S30 Greene Stre~t. The agreeing party has acknowledged and understood the following conditions arid guidelines: . . . 1. The snack bar Is. to be OPerated within the confinesqf'he space indicated in Exhibit, I attached. There is no adjacenf. sEi~tlng area. Vendors submitting statements should visit,the existing location to ascertain existing cond.itions prior to preparing their submittal. The equipment presently in the snack bar. is the prope'l' of the current .vendor and will not remain 'after they vacate. . '~ . 2, Utilities: Augusta shaB furnish, at no charge to. the Vendor; local telephone service only, space, light, heat. power, hot and cold water .and only such utilities as are necessary for the operation of the food services (exclusive of any requked gre~se traps and maintenance thereof). . . 3. The Vendor shall provide all equipment, licenses, fees, taxes, personnel, supplies and merchandise required for operations, 4. Remodeling: The space provided is "as is~. The Vendor, at his own expense, may renovate the area to better serve the needs of the Owner and the Vendor. The Vendor will be responsible for any required renovations/upgrades to the space and/or utility services necessary to support their operations. The Vendor shall provide all equipment, material and personnel for constructioC). All construction .shall be coordinated so as not to disrupt ongoing b4$iness operations . within the building. Due to the nature of court operations, some work may have to be performed .after business hours. Any. and all changes to the space mus.t be submitted to the Owner by a licensed Architect or Engineer for approvaL 5, All operations m.ust be in compliance with all applicable regulations. "~ Hece2vea: 1/16/0411:17AM; 706 821 1838 -> ARC LAW DEPARTMENT; Page 2 Jan 16 2004 10:33AM CLERK OF COMMISSION 706 821 1838 p.2 ./ 6. Minimum hours of operation shall be from 7:45 AM to 3:45 PM Monday through Friday. The vendor shall observe the same holidays as recognized by Augusta. 7. Cleaning: the Vendor shall be responsible for maintenance and cleaning all surfaces in any county owned areas with: . a. Cleanliness measures conforming to all local City, County, State and Federal health regulations. Decisions as to deanliness shall be made by the Owner. b. Sanitation measures including pest control taken. c. Vendor shall wet mop daily the entire food service areas. 8. Garbage and refuse: the Owner shall provide 1he necessary service for the removal of garbage and refuse to the dumpster. The Vendor shall bag all refuse and keep all garbage containers, and surrounding areas clean. Vendor shall carry trash to be removed to dumpster. 9. Signs: the Vendor shall provide signs in conspicuous places, so that they may be observed while approaching the snack bar. These signs shall list the items of food, prices and the hours of operation. Other than these, no signs, logos or advertisements shall be posted anywhere in the building area without the approval of the Owner. 10. Relationships: a. The Vendor, nothing herein withstanding, is an independent Vendor to. the Owner. b. The Owner reserves the right to control the usage of the snack bar therein. c. Augusta shall have no direct control over the Vendor or the person assigned as snack bar manager. d. Employees of the Vendor, or others while engaged in performing any of the work or services required by the Vendor, shall not be considered employees of the Owner. e. Vendor shall maintain its own written safety and personnel policies, and labor relations. Any rules concerning these matters or any other matters that may be required by the Owner for the Vendor's employees will be furnished to the Vendor in writing. 11. Employees: a.. Vendor shall provide enough employees to provide prompt service, efficiently and In a way satisfactory to the Owner. b. Employees must meet all requirements for health and cleanliness. All employees must be neat an9 clean at all times, Uniforms will be provided by the Vendor, SUbject to approval of the Owner. Augusta will issue ID's to all Vendors' employees. c. Augusta reserves the right to have any employees removed from the cafeteria area permanently or temporarily for any reasonably stated cause. d. Augusta requires that all concession employees be professional, polite, courteous and dressed appropriately at all times. e. Augusta reseNes the right to require more concession r1e(.;t:}..LVt:'u; 1/1~/U4 11:1l:5AM; 706 821 1838 -> ARC LAW DEPARTMENT; Page 3 Jan 16 2004 10:33AM CLERK OF COMMISSION 706 821 1838 p.3 , " Employees if the concession area is not sufficielltly staffed with enough employees to handle the daily flow Of traffic in the concession area. 12. Inspection: the Vendor shall allow Augusta and all City and State authorities charged with the duty of inspecting the facilities, access to the premises at all reasonable hours for purposes of inspection. 13. Ordinances, Laws and Regulations: the Vendor shall comply with all local ordinances, laws and regulations pertaining to operation contemplated herein. The Vendor shall apply for, pay for and obtain all permits and licenses as required for the operation contemplated herein. 14. Term, Renewal and Termination of Contract: the term of the contract shall be for two years, with an option to extend this contract for two contractual periods of two years each contract term. 15. Taxes: it shall be the Vendors responsibility to pay all applicable Federal, State and other taxes and submit necessary reports required. 16. Business Transactions of the Vendor in connection with this contract shall be conducted in his own name and not in the name of the Owner. The Owner shall be held harmless and in no way at any time be responsible for receipt of, storage of, or payment for any goods ordered by or purchased by the Vendor. 17. The Vendor, including personnel employed by or acting for Vendor, shall be considered as an independent Vendor and not as an employee or agent of the Owner. The Owner shall not be liable for any losses suffered by the Vendor, including damage to Vendor owned equipment, pecuniary losses, theft, fire, accident, inventory Joss or other. PRODUCTS All items for re-sale are the responsibility of the vendor. Augusta assumes no liability associated with theft of products for food and beverage re-sale. After the initial product list has been established, Augusta must approve any additional products or changes in prices. The concessionaire will assure that all products offered are fresh and are within the product freshness date. Augusta reserves the right to have the concession area inspected for quality of product by the Richmond County Health Department. No alcoholic beverages may be sold. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Recel.vea: 1/10/U411:1BAM; 706 821 1838 -> ARC LAW DEPARTMENT; Page 4 Jan 16 2004 10:33AM CLERK OF COMMISSION 7068211838 p.4 . '.' . , Augusta employee has a financial interest is authorized as per O.C.q.A. 36~ 1-14, or the procurement contract is awarded pursuant to a.C.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by a.c.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or officiaL immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. OWNERSHIP OF DATA: The ownership of all data, drawings, charts, etc, which are prepared or produced under this contract shall be that of Augusta, Georgia. Augusta/vendor reserves the right to cancel this agreement upon sixty (60) days notice, should the vendor fail to satisfactory meet the terms of this agreement. All claims, disputes and other matters in question between Augusta and the vendor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Vendor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as the:1. day of $ ~ ,2003. ...........'-"...~'!-.~<l.\ _-~\'l.tt'iONn (:.....lt~~ ,; y.' ......"..~" -('t- ..~. ::'. .~(l.) Ndo...',. ~, iJ ,.,' f.."r" .. .f.'1~" . <6, ~ . "? · ,,~...,< ~ '1. (7 ;-;:..c ",~:":'. '~J ,:,- " ~ ;/_. ~. ~~; " '?: "" ~l . a}r' .' ",1 ~. 0; t ....... e ,'I ~ . .,-- ~l)lt )'I f. "'g.l1'~...~.1I .,\~ .'~ ~1)~ ;.,"'O""....,..~.t.,..,. ."'.~ .i~, ""h'.~" ..'\~~~"l.:...,;~<> ~ . , \. ' " AGREEMENT This Agreement is entered into on and as of -:5~~1 dtJtJ3 by and between Augusta, Georgia, a political subdivision of the State of eorgla ('Augusta"), and FrUit 'N' Juicy, of Post Office Box 865, Harlem, GA - 30814 (hereinafter referred to as the Vendor). WHEREAS, It is the desire of the Augusta Commission to select a firm to operate a snack bar in this location to serve the administrative and court employees that work in the building as well as the hundreds of visitors entering the building each week. The existing snack bar is located within a 17' x 18' room that opens onto the first floor lobby (See Exhibit I for approximate layout). Almost all building patrons and employees must pass this location each time they enter and leave the building. The existing operator sells prepackaged candies, snack foods, coffee and soft drinks as well as a very limited selection of packaged sandwiches. Prices are, on average, slightly less than those charged in local convenience stores. WHEREAS, The Owner is seeking an agreement with Fruit 'N' Juicy (hereinafter referred to as the Vendor), who is currently engaged in the food service industry, to replace the current operation of the snack bar of the Municipal Building located 530 Greene Street. The agreeing party has acknowledged and understood the following conditions and guidelines: 1. The snack bar is to be operated within the confines of the space indicated in Exhibit I attached. There is no adjacent ser3ting area. Vendors submitting statements should visit the existing location to ascertain existing conditions prior to preparing their submittal. The equipment presently in the snack bar is the property of the current vendor and will not remain after they vacate. 2. Utilities: Augusta shall furnish, at no charge to the Vendor, local telephone service only, space, light, heat, power, hot and cold water and only such utilities as are necessary for the operation of the food services (exclusive of any required grease traps and maintenance thereof). 3. The Vendor shall provide all equipment, licenses, fees, taxes, personnel, supplies and merchandise required for operations. 4. Remodeling: The space provided is "as is". The Vendor, at his own expense, may renovate the area to better serve the needs of the Owner and the Vendor. The Vendor will be responsible for any required renovations/upgrades to the space and/or utility services necessary to support their operations. The Vendor shall provide all equipment, material and personnel for construction. All construction shall be coordinated so as not to disrupt ongoing business operations within the building. Due to the nature of court operations, some work may have to be performed after business hours. Any and all changes to the space must be submitted to the Owner by a licensed Architect or Engineer for approval. 5. All operations must be in compliance with all applicable regulations. ., j . . , " 6. Minimum hours of operation shall be from 7:45 AM to 3:45 PM Monday through Friday, The vendor shall observe the same holidays as recognized by Augusta. 7. Cleaning: the Vendor shall be responsible for maintenance and cleaning all surfaces in any county owned areas with: a. Cleanliness measures conforming to all local City, County, State and Federal health regulations. Decisions as to cleanliness shall be made by the Owner. b. Sanitation measures including pest control taken, c. Vendor shall wet mop daily the entire food service areas. 8. Garbage and refuse: the Owner shall provide the necessary service for the removal of garbage and refuse to the dumpster. The Vendor shall bag all refuse and keep all garbage containers, and surrounding areas clean. Vendor shall carry trash to be removed to dumpster. 9. Signs: the Vendor shall provide signs in conspicuous places, so that they may be observed while approaching the snack bar. These signs shall list the items of food, prices and the hours of operation. Other than these, no signs, logos or advertisements shall be posted anywhere in the building area without the approval of the Owner. 10. Relationships: a. The Vendor, nothing herein withstanding, is an independent Vendor to the Owner. b. The Owner reserves the right to control the usage of the snack bar therein. c. Augusta shall have no direct control over the Vendor or the person assigned as snack bar manager. d. Employees of the Vendor, or others while engaged in performing any of the work or services required by the Vendor, shall not be considered employees of the Owner. e. Vendor shall maintain its own written safety and personnel policies, and labor relations. Any rules concerning these matters or any other matters that may be required by the Owner for the Vendor's employees will be furnished to the Vendor in writing. 11. Employees: a. Vendor shall provide enough employees to provide prompt service, efficiently and in a way satisfactory to the Owner. b. Employees must meet all requirements for health and cleanliness. All employees must be neat and clean at all times. Uniforms will be provided by the Vendor, subject to approval of the Owner. Augusta will issue ID's to all Vendors' employees. c. Augusta reserves the right to have any employees removed from the cafeteria area permanently or temporarily for any reasonably stated cause. d. Augusta requires that all concession employees be professional, polite, courteous and dressed appropriately at all times. e. Augusta reserves the right to require more concession , .' . .' . . Employees if the concession area is not sufficiently staffed with enough employees to handle the daily flow Of traffic in the concession area. 12. Inspection: the Vendor shall allow Augusta and all City and State authorities charged with the duty of inspecting the facilities, access to the premises at all reasonable hours for purposes of inspection. 13. Ordinances, Laws and Regulations: the Vendor shall comply with all local ordinances, laws and regulations pertaining to operation contemplated herein. The Vendor shall apply for, pay for and obtain all permits and licenses as required for the operation contemplated herein. 14. Term, Renewal and Termination of Contract: the term of the contract shall be for two years, with an option to extend this contract for two contractual periods of two years each contract term. 15. Taxes: it shall be the Vendors responsibility to pay all applicable Federal, State and other taxes and submit necessary reports required. 16. Business Transactions of the Vendor in connection with this contract shall be conducted in his own name and not in the name of the Owner. The Owner shall be held harmless and in no way at any time be responsible for receipt of, storage of, or payment for any goods ordered by or purchased by the Vendor. 17. The Vendor, including personnel employed by or acting for Vendor, shall be considered as an independent Vendor and not as an employee or agent of the Owner. The Owner shall not be liable for any losses suffered by the Vendor, including damage to Vendor owned equipment, pecuniary losses, theft, fire, accident, inventory loss or other. PRODUCTS All items for re-sale are the responsibility of the vendor. Augusta assumes no liability associated with theft of products for food and beverage re-sale. After the initial product list has been established, Augusta must approve any additional products or changes in prices. The concessionaire will assure that all products offered are fresh and are within the product freshness date. Augusta reserves the right to have the concession area inspected for quality of product by the Richmond County Health Department. No alcoholic beverages may be sold. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of .... ',to I \ . . Augusta employee has a financial interest is authorized as per a.c.G.A. 36- 1-14, or the procurement contract is awarded pursuant to a.c.G.A. 45-10-22 and 45-10-24, or the transaction is excepted from said restrictions by a.c.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. OWNERSHIP OF DATA: The ownership of all data, drawings, charts, etc, which are prepared or produced under this contract shall be that of Augusta, Georgia. Augusta/vendor reserves the right to cancel this agreement upon sixty (60) days notice, should the vendor fail to satisfactory meet the terms of this agreement. All claims, disputes and other matters in question between Augusta and the vendor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Vendor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as the:l.. day of S r ' 2003. .~~'-:- ::>:' ~'p\~" :.'~:.~ . ;,~~t- ...... -; / r n ~,,,,;"''''"..~ \-'~\ ~ ~. ... 'v ..;. :.. ... - ....,,<1: '.1"" . \ .'~ - ~ ... ;~. .. .-- :. : ~ .,' \ ~ ,':~ \. ....' .-'''.'' <.\0' 10 -., . .... . . . \ Request for Qualifications F or Snack Bar Operator Number: 03-117 . . Submittals Received: 4 Companies: AGAPE/Sysco Fruit 'n' Juicy Silla GA T ASC (GA Training and Support in the Conummity) Ranking: Fruit 'n' Juicy AGAPE/Sysco GA TASC Silla Company AGAPE Fruit 'n' Silla GA T ASC Juicy Proposal Content and Requirements 1. Cover Letter Yes Yes No Yes 2. General Information Yes Yes No Yes 3. Financial - Waived 4. Experience New 1995 Not Est. 1974 by Addressed RC Development Services 5. Staffing 1-2 1-2 Not I + Addressed Trainee(s) 6. Concept Yes Yes No Yes 7. All profits realized from the operation of the Yes Guaranteed No No vendor after the net guaranteed minimum fee is Payment paid to Owner. 8. Schedule Yes Yes No Yes 9. Quality Control- Quality Control and Addressed Addressed Not Addressed Assurance of Professional Food Services will be of Addressed paramount importance. The selected Team must address their approach to Quality Control and Assurance: a detailed discussion of the methodology to be used must be included 10. References Yes Yes No Yes 11. Summary Yes Yes No Yes 12. Insurance (ability to obtain, if not insured) Not Yes Not Yes Addressed Addressed 13. Other - Other information the firm wants to be Yes Yes No Yes considered. 14 Complete Exhibit I No Yes Yes Yes