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HomeMy WebLinkAboutG A FOOD SERVICE NUTRITION SITE PROGRAM FOOD SERVICE CONTRACT FOR THE NUTRITION SITE PROGRAM (Preparation and Delivery of Congregate and Homebound Meals) JULY 1, 2007 TO JUNE 30, 2011 State of Georgia County of Richmond City of Augusta jr.Jr The Contract, made this 1st day of July 2007 between ~, Augusta, Georgia, a political subdivision of the State of Georgia and ~ giltS De"t. for the Senior Centers (hereinafter referred to as "Purchaser" and G.A. Food Service. Incorporated. having its principal place of business at 15151 Prater Drive. Suite F. G. Covington, GA 30014 with its corporate office at 12200 32nd Court North. St. Petersbura. Florida 33716 (hereinafter referred to as "Seller"). WITNESSETH WHERE AS, Purchaser is desirous of purchasing meals for consumption by eligible individuals under the provisions of the Older Americans Act of 1965, As Amended (Title III C1 and C2); and WHERE AS, Purchaser has been provided an allocation from the Central Savannah River Area Regional Development Center's Area Agency on Aging for the purchase of such meals through the Title III C1 and C2 program and WHERE AS, the Central Savannah River Area Regional Development Center has qualified a nutrition program food vendor through a competitive bid process; and WHERE AS, Seller is recognized by the Central Savannah River Area Regional Development Center as the region's qualified nutrition program food vendor; and WHERE AS, Seller has the technical knowledge and capacity required to supply such meals. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Purchaser agrees to purchase meals and Seller agrees to sell meals as specified in item 8 of this contract. 2. Seller shall provide meals as specified and according to the number and type of diets being served each meal service day. 3. Seller shall comply with all Georgia Department of Human Resources, Division of Aging Services Standards and with all Food Service Vendor Qualification specifications as outlined in the RFP OF 2007, which has been made a part of this Contract. CSRA AND G.A. FOOD SERVICE INC. 1 2007-2011 4. Seller shall develop four-week cycle menus, which will change quarterly. Menus, along with the Nutritional Analysis .of each menu served, are due at least eight (8) weeks prior to implementation of menus in order to allow for adequate review of 5. The menus are to include the following: (1) a four-week cycle menu for Hot Congregate Meals and Hot Home-Delivered Meals (regular), (2) a four-week cycle menu for Hot Congregate Meals and Hot Home-Delivered Meals (no concentrated sweets), (3) a menu for five Picnic Meals (reaular), (4) a menu for five Picnic Meals (no concentrated sweets), (5) a menu for five Shelf Stable Meals (reaular), and (6) a menu for five Shelf Stable Meals (no concentrated sweets), (7) a four-week cycle menu for Frozen Meals (regular), and (8) a four-week cycle menu for Frozen Meals (no concentrated sweets).To ensure food production is managed, standardized recipes adjusted to the number of servings must be utilized. The menus must be prepared by a Registered Dietitian. The signature of the qualified Dietitian is required on all menus. The Georgia Department of Human Resources, Division of Aging Services defines the term "qualified Dietitian" as a person who is licensed as a Dietitian by the State of Georgia. In order to be licensed, a person must be a Registered Dietitian, which means that he or she holds certification by the American Dietetics Association (ADA). 6. Seller covenants and warrants that each meal provided under the terms of this Contract shall comply with all applicable regulations of the United States Department of Health and Human Services, Administration on Aging, respecting meals to be served pursuant to the Older Americans Act of 1965, as Amended (Title III C1 and C2), the Senior Center program, and as outlined in 2007 RFP. and made a part of this Contract. Purchaser shall be represented in this Contract by its designated employee(s) or authorized representative(s)I including the Senior Center Program Director, who shall at all times during the term of this Contract have the right and authority to: a. Inspect all food and meals furnished or supplied by Seller to determine whether same comply with applicable specifications and to reject any food or meals not meeting such specifications; b. Have access to Seller's purchase records bearing upon all food purchased for the purposes of this Contract and to review and audit said records as deemed necessary and advisable; c. Seller's dietitian must attend all menu meetings and approve all menus and recipes for meals and food to be delivered pursuant to this Contract so as to insure compliance with United States Department of Health and Human Services requirements; to inspect the meals served to determine compliance with United States Department of Health and Human Services meal-type requirements, and, to withhold payment for meals and food not meeting prescribed requirements; CSRA AND G.A. FOOD SERVICE INC. 2 2007-2011 d. Inspect at any time all Seller's food preparation, packing, and storage areas and food containers and automotive vehicles used in transporting prepared meals and other food and determine the adequacy of Seller's cleaning, sanitation, and maintenance practices and to impose reasonable requirements to assure sanitation and quality; e. Determine the adequacy of Seller's storage and record-keeping practices so as to insure the safekeeping of all food; and, in connection therewith to have ready access to the related food inventory control records of Seller at any time Purchaser deems advisable; and f. Record food temperatures while food is on steam table and before food is packaged. 7. Seller shall comply with all applicable local, state I and federal laws and regulations governing the preparation, handling, and transporting of food; shall procure and keep in effect all necessary licenses, permits, and food handler's cards, as are required by law; and shall post such licenses, permits and cards in a prominent place within meal preparation areas, as required by Purchaser. Seller shall comply with all local, state I and federal laws and regulations pertaining to wages and hours of employment. Seller, as an Equal Opportunity Employer, further agrees to comply with Executive Order 11375, and as supplemented in Department of labor regulations (41 CFR Part 60). In addition, Seller shall comply with all Specifications as outlined in the 2007 RFP. 8. Seller shall supply automotive vehicles and insulated containers for hot and cold food for the transportation of meals and other food to the Senior Center, and maintain proper food temperatures for the hot food and cold food as specified in the 2007 RFP. 9. Hot Con re ate Meal Home Delivered Hot Meal Home Delivered Frozen Picnic Meals Shelf Stable Meals Frozen Meal Pre-Plate Hot Meal $4.25 $4.25 $4.45 $4.25 $4.45 $4.45 $4.50 *Pricing is fixed until June 30, 2010 - a CPI adjustment may be taken upon mutual consent of both parties for FY 2011 Seller will bill Purchaser monthly at the itemized per meal rate listed above. Meals shall be delivered directly to the Senior Center by Seller. Delivery of these will be mutually determined. Purchaser will pay such billings within forty-five (45) calendar days from the date on which the billings are received by Purchaser. CSRA AND G.A. FOOD SERVICE INC. 3 2007-2011 10. Purchaser or its designee shall notify Seller of its daily meal requirements not less than 24 working hours prior to the time said meals are to be delivered. Notification shall be written notification on the prior working day's invoice for the number of meals specified. In the event of a change in the number of meals, a telephone call to Seller prior to 5 AM on the day of delivery will be honored by Seller. 11. Seller shall indemnify purchaser against any loss or damage (including attorney's fees and other costs of litigation) caused by Seller's negligent acts or omissions, theft by Seller's employees, or the negligent acts or omissions of Seller's agents or employees. Seller shall defend any suit against Purchaser alleging personal injury or property damage arising out of the transportation of meals or other food to the Senior Center and any claim alleging personal injury, sickness or disease arising out to the consumption of meals or food caused by the storage, preparation, and delivery of meals or food to the Senior Center. 12. Enforcement: this agreement shall be governed and construed in accordance with the laws of the State of Georgia. In any action or proceeding arising under this Agreement, the Superior Court of Richmond County, Georgia, shall have and may exercise exclusive personal jurisdiction over all parties hereto, and in any such action or proceeding in said venue shall be proper. In any such action or proceeding, service of process upon any party may be perfected, in addition to any other manner provided by applicable law, by personal delivery or mail, with said Court. 13. Purchaser shall promptly notify Seller in writing, of any claims against Seller or Purchaser, and in the event of a suit being filed, shall promptly forward Seller all papers in connection therewith. Purchaser shall not incur any expense or make any settlement for which Seller would be liable without Seller's consent. However, if Seller refuses or neglects to defend any such suit, Purchaser may defend, adjust, or settle such claim and the costs of such defense, adjustment, or settlement, including reasonable attorney's fees, shall be charged to Seller. 14. Seller shall maintain books, records, documents and other evidence of accounting procedures and practices, which sufficiently and properly reflect all costs expended in the performance of this Agreement and paid for by the Purchaser. These records shall be subject at all reasonable times to review, inspection, copy, and audit by any persons duly authorized by the Seller, or at the request of the Central Savannah River Area Regional Development Center or a State or Federal agency or department. These records must be maintained by the Seller for a period of six (6) years after the end of the Federal Fiscal Year to which they pertain or any other period which the Administration on Aging or State reimbursement agency may from time to time designate. 15. The parties further agree as follows: A. Upon delivery of meals to the Senior Center, an authorized on-site representative of Purchaser shall sign a receipt in triplicate, supplied by Seller, evidencing receipt of such food of which one copy will be retained by Seller, and one copy will be retained by the Senior Center Directors and one copy for the CSRA. B Seller shall keep complete and accurate sales records in connection with CSRA AND G.A. FOOD SERVICE INC. 4 2007-2011 the sales covered by this Contract. All such records shall be kept on file for six (6) years after the end of the Federal Fiscal Year to which they pertain or any other period which the Administration on Aging or State reimbursement agency may from time to time designate. C Seller warrants that the meals delivered by it under this Contract will be wholesome, suitable for human consumption, and will satisfy the nutritional requirements of existing regulations pursuant to the Older Americans Act of 1965, as Amended (Title III, C1, and C2). D Seller agrees to furnish Purchaser with a certificate of insurance in a form acceptable to Purchaser certifying that Seller carries the following insurances and amounts: .:. Worker's Compensation, as prescribed by the State of Georgia. .:. Comprehensive Bodily Injury and Property Damage Liability; $1,000,000 for one person and $2,000,000 for anyone accident; and $1,000,000 Property Damage. E. Seller is a wholesaler and the sale of meals contracted for herein are sales to a non-consuming purchaser and not retail sales. Meals purchased by a local government are not subject to sales tax. Sales tax required to be collected on sales to any entity not a local government are included in the price. In the event that the sale of any food items contracted for herein is subject to any local or state sales tax, the amount of such sales tax shall be included in the purchase price of each meal type as specified in number 8 above. I. It is mutually agreed that neither party shall be held responsible to the other for any losses resulting from its delay or failure to perform to the extent that performance is delayed or prevented by local, state, or federal action, war, fire, flood, Act of God, or without limiting the foregoing, by any other cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence, the party is unable to prevent. G. Seller shall develop an emergency procedure for delivery of food in the case of emergencies, including weather-related emergencies, vehicle breakdowns, equipment breakdowns, power outages, gas outages, water outages, fire( or destruction of the premises by any cause whatsoever), food delivered outside of specified temperature standards, food contamination or spoilage, and lack of staff (due to vacation, sick leave, etc). In the event that Seller fails to prepare and deliver any meal or meals or other food to the Senior Centers as agreed upon, Purchaser may procure a replacement meal or meals or other food elsewhere and charge to Seller the cost of $4.25 to replace the meal. Reimbursement of said meals shall be within thirty (30) days of the request. 16. Meal Shortages: In the event Seller fails to deliver meals or portions of meals, or Seller delivers food that is unwholesome, fails to meet specifications, or has been substituted without prior approval, Purchaser's designated employee(s) or its authorized representative(s) shall note all discrepancies on the delivery receipt, and the following procedures shall apply: CSRA AND G.A. FOOD SERVICE INC. 5 2007-201 I A. Alternate Vendor Procedures: Purchaser's designated employee(s) or its authorized representative(s) shall procure the necessary items from an alternate vendor. Seller will be responsible for establishing an appropriate alternate vendor in the local counties. All meals or portions of meals procured from alternate vendors must contain at least thirty- three and one-third (33 1/3) percent of the RDAlDRI. B. Seller will be responsible for alternate vendor bills. Supporting documentation must be submitted to Seller for all such payments. C. Alternate vendor payments, and/or credits, will be deducted from Purchaser's invoice. D. Purchaser will not be responsible for the payment of the meal if a substitution was not approved at least two (2) working days prior to the meal delivery or if the meal did not meet at least 33 1/3 percent of the RDAlDRI or if the approved menu was not followed. 17. In the event of any breach or default by Purchaser or Seller in performing the terms and conditions of this Contract, the party not in default shall give written notice to the party in default, specifying the acts or omissions constituting the alleged default or breach; if within thirty (30) calendar days after issuance of such notice the party in default shall have failed to cure such default, THEN IN THAT EVENT, the party not in default may terminate this contract and exercise such other rights as are provided herein and by law for breach of the contract. PROVIDED, However, that if the alleged default can be cured by the performance or work or repairs or by some act, the performance of which requires a reasonable period of time, such default shall be determined to have been cured if, within thirty (30) calendar days, the party allegedly in default shall have commenced the curing of such default and shall thereafter diligently and continuously cause the same to be prosecuted to completion. 18. Purchaser or Seller may, from time to time, request changes in the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of Seller's compensation and/or time limitations, which are mutually agreed upon by and between Purchaser and Seller, shall be incorporated in written amendments to this Contract. Changes in compensation during the Contract Period are subject to the approval of the Georgia Dept. of Human Resources, Division of Aging Services, and the CSRA Regional Development Center. 19. Seller's Assurances: A. Seller's representative shall be provided on a regular basis to visit the individual Senior Centers Programs to promote public relations and to prevent food service problems. B. Seller's employee shall be located on the Kitchen Facility premises on a daily basis to ensure an orderly flow of meal orders and to ensure accountability on a timely basis. C. Seller shall distribute a Menu Preference Survey quarterly to the Senior Center participants in order to assure the quality, appearance, and variety and portion sizes of the meals. CSRA AND G.A. FOOD SERVICE INC. 6 2007-2011 D. Seller shall permit Purchaser and/or Purchaser's agents or employees, to enter into the premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs, alterations or additions to any portion of the premises. 20. Seller's representative shall be available to visit the individual nutrition sites to promote public relations and to prevent food service problems. 21. Seller shall distribute a Menu Preference Survey quarterly to the nutrition site participants in order to assure the quality, appearance, va riety I and portion sizes of the meals and a copy of that survey and all survey results must be submitted to each nutrition site and to the Central Savannah River Area Regional Development Center. 22. Seller shall permit Purchaser and/or Purchaser's agents, employees, or authorized representative(s), to enter the food preparation site at any reasonable time for the purpose of inspecting the same- 23. Seller shall not assign this Contract, or any interest therein. 24. This Contract constitutes the entire agreement between Seller and Purchaser with respect of the subject matter hereof and there are no other or further written or oral understandings or agreements with respect hereto: No variation or modification of the Contract, and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of Purchaser and Seller. 25. All notices required under the terms of this Contract to be furnished to Seller and Purchaser shall be properly given if mailed in the United States mail with sufficient postage affixed thereto at the following addresses to wit: Seller: John Hale, COO G.A. Food Service Inc. 12200 32nd Court N. St. Petersburg, FL 33774 Phone: (727)573-2211 Fax No.: (727)571-1652 Purchaser: Administrator Augusta, Georgia Room: 803 Augusta-Richmond County Municipal Building 530 Green Street August, Georgia 30901 Phone: (706) 821-2400 Fax: (706) 821-2819 26. All notices under the terms of this Contract to be furnished to Purchaser Central Savannah River Area Regional Development Center shall be properly given if mailed in the United States mail with sufficient postage affixed thereto to Central Savannah River Area Regional Development Center at the following address, to wit: Attn: Andy Crosson, Executive Director Central Savannah River Area Regional Development Center 3023 River Watch Parkway, Suite A Augusta, GA 30907 Telephone: (706) 210-2000 (extension 107) Fax: (706) 210-2006 CSRA AND G.A. FOOD SERVICE INC. 7 2007-2011 27. This Contract shall become effective July 1,2007 and shall remain in effect through and including June 30, 2011. Either party may terminate this Contract by giving thirty (30) calendar days written notice of intention to terminate. Until so terminated shall remain in full force and effect. 28.ln the event that local, state, and/or federal funding is terminated or otherwise unavailable for the purpose of financing the Senior Centers Programs, then and in that event, this Contract shall immediately become null and void and Purchaser shall be released immediately from all obligations hereunder. In the event that this Contract is terminated for any reason I Purchaser shall pay Seller for all services actually performed to date of termination and under this Contract. 29. Seller shall provide the following products at the Senior Centers: sturdy table flatware (individually wrapped packages of a fork, a knife, and a spoon); disposable plates (with at least five (5) compartments for Hot Congregate Meals, medium weight); cups (4 oz. cups for dessert and 6 oz. and 8 oz. cups for water, tea, coffee and juice); lids (for 4 oz cups); napkins (12" x 12" - 2 ply); sandwich bags; lunch bags; disposable polyethylene gloves; hairnets or hair restraints; disposable plastic aprons; coffee stirrers (wood); individually wrapped straws; and appropriate condiments. Note: Aluminum foil plates with three (3) partitions and single lids [or equivalent Cpet or Chinet Tray with Film Seals] must be used for Hot Home-Delivered Meals. Cold and hot food items must be packaged and transported in separate containers. Seller must provide ice for coolers, which are used for transporting milk and desserts. Typewritten package labeling for frozen meals must be legible, showing package date [Best Used By Date], list of food items in the package I storage, preparation, and safe thawing and reheating instructions. Federal regulations require Seller to use appropriate food containers and utensils for blind and disabled participants. Food preparers must wear disposable polyethylene gloves, hairnets or hair restraints, and disposable plastic aprons while preparing food for packaging and serving. In addition to disposable products listed above, Seller must agree to provide the Senior Centers: food and refrigerator thermometers I coffee maker, and tea dispenser. 30. Seller agrees to notify Purchaser or its designee of change(s) in designated menu two (2) working days prior to the change(s) and to obtain a written notice from Purchaser or its designee so that copies of the change(s) can be delivered with the meals in the event of approval of the change(s). CSRA AND G.A. FOOD SERVICE INC. 8 2007-2011 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed by their duly authorized representatives the day and the year above written. FOR SELLER: G.A. Foo~e Inc. By: JL IrkL ~Hale IT'S: COO DATED: WITNESS: R salind H. FOR PURCHASER: ~iY;y: Ul~~~ Ie IT'S: H~N DATED: ') 11;1 0"1 t1~ / 11" ~iTNkS6: /' , ~\~)e{(\ CSRA AND G.A. FOOD SERVICE INC. 9 2007-2011