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.
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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;
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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.
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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
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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:
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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
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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.
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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
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11" ~iTNkS6: /' ,
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CSRA AND G.A. FOOD SERVICE INC.
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2007-2011