HomeMy WebLinkAboutG A FOOD SERVICE FOR THE NUTRITION PROGRAM JULY 1, 2011 TO JUNE 30,2012 y
FOOD SERVICE CONTRACT FOR THE NUi'RlT10N PROGRAM
(Preparation and Deliuery of Congregate and Homebound Mealsj
1ULY 1, 2011 TO JUNE 30, 201Z
State of Georgia
County of Richmond
City of Augusta
The Contract, made this lst day of July 2011 between Augusta, Geo�gia,.a palitical subdivision of tfie State of Georgia for
the Senior Centers (hereinafter referred to as "Purchase�" and G.A. Foad Service. lncoraorated. having its p�incipal place
of business at 15751 Prater Drive. Suite F. G..Covineton G_ A 3U014 with its corporate office at 1z200 32 Court Nort�►, St.
Petersbura. Florida 33716 (hereinafter referred to as "Seller").
WITNESSETH
WHERE A5, Purchaser is desi�ous of purchasing meals for consumption by etigible individuals under the provisioru of the
�Ider Americans Act of 1965, As Amended (Titie III C1 and C2); and
WHERE AS, Purchaser has been provided an allocation from the for the purchase of such meals through the Title {N CI and C2
program and
WHERE A5, the Centra! Savannah River Area Region Commission Area Agency on Aging has qualified a nutrition program
food vendor through a competitive bid process; and
WH�RE AS, Seller is recognized by the Central Savannah River Area Region Commission Area Agency on Aging as the regian's
qualified nutrition program food vendor; and
WHERE A5, Seller has the technical knowledge and capacity required to supply such mea{s.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:
1. Purchaser agrees to purchase meais and Seller agrees to sell meals as spec{fied in item 9 of this contract.
2. Seller shall provide meals as speci�ed and according to the number and type of diets being served each meal
service day.
3. Selie� shail compiy wtth all Georgia Department of Human Resources Division of Aging Services Standards and wtth
aif Food Service Vendor Qualification specifications as outlined in the RFP OF 2010, which. has been made a part of
this Contract.
4. Setler shail develop four-week cycle menus, which will change quarterly. Menus, along with the Nut�itional
Analysis of each menu served, are due at least eight (8) weeks prior to implementation of inenus in arde� to aliow
for adequate review of.
5. The menus are to include the following: (1) a four-week cycle menu for Hot Congregate Meals and Hpt
Home-Delivered Meats (re ular ,{2) a four-week cycle menu for Hot Cor�gregate Meals and Hot Home-Delivered
Meals (no concentrated sweet��; (3j a menu for fve Picnic Meals (r_e¢wlar), (4) a menu for five Picnic Meals
AUGUSTA - CSRA AND G.A, FOOD SfiRV[CE (NC. Page 1
(no concentrated. sweetsl, (5) a menu for five She1f Stabte Meals (�sular), and (6) a menu for f�ve Shelf
Stable Meals (no. concentrated sweets), (7) a fou�-week cycle menu for Frozen Meals (r.egularj, and (8) a
four-week cycle menu for Frozen Meais (no concentrated sweetsl.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 -
ali menus. The Georgia Department of Human Resources, Divisfon of Aging Services defines the term
"quali�ed 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
Dietetic Associatiori (ADA).
6. Seller wvenants 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 ar�d Human Services, Administration on
Aging, respecting meals to be served pursuant to the Older Americans Act of 1965, as Amended (Title III Ci
and C2), the Seniar Center program, and as outlined in 2010 RFP and made a part of this Contract. Purchaser
shail be represented in this Contract by its designated empioyee(s) or authorized representative(s), includ(ng
the Se�ior Center Program Director, who shall at all times during the term of this Contract have the �ight
and authorityto:
A. tnspect all food and meals furnished or suppfied 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 Selier's purchase records bearing upon ali food purchased for the '
purposes of this Contract and to review and audit said records as deemed
.
necessary and advisabie;
C. Seller's dietitian must attend 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 Depactment of
Health and Human Services meal-type requirements, and, to withhold payment for
meals and food not meeting prescribed requirements;
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 prectices and to impose reasonable requirements to assure sanitation
and quality;
E. Determine the adequacy of Setler's storage and record-keeping pradices so as to
insu�e 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 advisab�e; and record food temperatures while food is on steam table and
before food is packaged.
7. Seller shall comply with all applicable local, state, and federal laws and regulations governing the
preparation, handling, and transporting of food; shall procute and keep in effect all necessary licenses,
permits, and food handler's cards, as are required by la.w; and shatl post such licenses, permits and cards in a
AtJGUSTA - CSRA AND GA. FOOD SBRV[CE INC. Page 2
prominent place writhin meal preparation areas, as required by Purchaser. Seller shall comply with al1 local,
state, and federai 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 shail comply with all Specifications as
outlined in the 2010 RFP.
8. Seller shall use insulated containe�s for hot and cold food for the transportation of ineals and other food to
the Senior Center, and maintain proper food temperatu�es for the hot food and cold food as specifi.ed in the
2010 RFP.
9. The purchase price for meals orde�ed under this Contract shall be:
" � ° :� x � y::�.�: . ,
_ -
�;:..� �_� -
Hot Ca� re te Meals (Bulk) $4.45/meai $4.45/meal
Hot Home Delivered Meals {buik) $a.45Jmea1 $4:45/meai
TMS 2-pack (54.45/meal or
SS•90/two-meat) $4.45/meal $.8•90/trvo- ack .
TMS Spack ($4.45jmeal or
$2225/five-Pack) $4.451mea1 $22.25/five-pack.
TMS 7-pack (S4.45/meal or
S3L15heven- ck) $4.45/meal 531.15/seve ck .
Picnic Meais $4:45/meal S4•45/rpea�
Shelf Stabie Mea1s $4.45/meal $4.45/meal _
Seller wiil bip Purchaser monthly at the itemized per meal rate listed above. Meals shail be delivared directty to
the Senior Center by Seller. Delivery of these will be mutualty determined. Purchasec will pay such billings
within foriy-five (45) calendar days f�om the date on which the billings are received by Purchaser.
10. Purchaser or its designee shall notify Seiler of its daily meat 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 wo�king day's
invoice for the number of ineals specified. in the event of a change in the number of ineals, a telephone call to
Setier prior to 5 AM on the day of delivery witi be ho�ored by Seller.
11. Sellef shall indemnify purchaser against any loss or damage (including attorney's fees and other costs of
litigation) caused by Seiler's negligent acts or omissions, theft by Seller's employees, or the negligent acts or ;
omissions of Seller's agents or employees. Se41er shall defend any suit against Purchaser alleging personal injury
or property damage arising out uf the transportation of ineals or other food to the Senior Center and anq claim
alleging personal injury, sickness or disease arising out to the consumption af ineals or food caused by the ;
storage, preparation, and delivery of ineals or food to the Senior Center. `
AUGUSTA - CSRA AND G.A. FOOD SERVICE [NC. Page 3
Enforcement:
This agreement shall be governed and construed in accordance with the lav�rs 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 exerclse exclusive personal jurisdiction over all parties hereto, and in any such action or proceeding in
said venue shatl 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 personai delivery or mail, with said
Court.
12. Purchaser shall promptty notify Seller in writing, of any ciaims against Selier or Purchaser, and in the event of a
suit being filed, shall promptly forvvard Seller all papers in connection therewith. Purchaser shall not incur any.
expense or make any settlement for which Seller would be fiable without Seller's consent. However, if Seller
refuses or negleds to defend any such suit, Purchaser may defend, adjust, or settie such claim and the costs of
such defense, adJustment, or settlement, inciuding reasonable attorney's fees, shall be charged to Selier.
� 13. Seller shall maintain books, records, documents and other evidence of accounti�g procedures and practices,
which sufficiently and properly reflect all costs eacpended tn the performance of this Agreement and paid for by
the Purchaser. These records shall be subJect at all reasonable times to review, i�spection, copy, and audit by
any persons duly authorized by the Selter, or at the request of the Centrai Savannah River Area Region
Commission Area Agency on Aging or a State or Federal agenty 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.
14. The parties further agree as follows:
A. Upon delivery of ineals to the Senior Center, an authorized on-site representative of
Purchaser shall sign a receipi 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.
e Seller shall keep complete and accurate sales records in connection with 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 agenry 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 nutritionai requirements of existing regulations
pursuant to the Older Americans Act of 1965, as Amended (Tltle 111, CI, 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; $1,00O,OOU far one
person and $2,000,000 for anyone accident; and $1,000,000 Property Damage:
' E. Seller is a wholesaler and the sale of ineals contracted for herein are sales to a non consuming purchaser
and not retail sales. Meals purchased by a local government are not subject to sates tax. Sales tax required
to be coilected on sales to any entity not a local government are included in the price. In the event that the
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 4
.. �.
' sale of any food items contracted for herein is subject to any local or state sales tax, the amount of such
sales tax shali be included in the purchase price of each meal type as specified in number 8 above.
F, tt is mutually agreed that neither party shall be held responsibfe to the other for any losses resulting from
its delay or failure to perform to the extent tbat performance is delayed or prevented by 1oca1, 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 �avhich by the exercise of reasonab{e
diligence, the party is unable to prevent.
I, Seiler shall develop an emergency procedure for delivery of food In the case of emergenaes, including
• weather-related emergencies, vehicle breakdowns, equipment breakdowns, power outages, gas outages,
water outages, fire{ or destrudion 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 agreec{ upon, Purchaser may procure a rep�acement meal or meals or other food
elsewhere and charge to Se{{er the cost of $4.45 to repiace the meal. Reimbursement of said meals shall
be within thirty (3D) days of the request.
16. Meal Shortages: In the event Seller fails to deliver meals or portions of ineats, or Seller delivers food
that is unwholesome, fails to meet specifications, or has been substituted without prior approvai,
Purchaser's designated employee(s) or its authorized representative(s) shall note ali discrepancies on
the delivery receipt, and the following procedures shall appiy:
A. Altemate Vendor Procedures: Purchaser's designated employee (s) or its authorized
representative (s) shall procure the necessary items from an aitemate vendor. Seller wil! be
responsible for establfshing an appropriate alternate vendor 1n the local counties. Ail meals or
portions of ineafs procured from aiternate vendors must contain at least thirty-three and
one-third (331/3) percent of the RDAiDRI.
B. Seller will be responsible for aiternate vendor hii(s. Supportir►g documentation must be
submitted to Seller for all such payments.
C. Aiternate vendor payments, and/or credits, wiU be deducted frorn Purchaser's invoice.
D. Purchaser will not be responsibie for the payment of the meal if a wbstitution was not approved
at least two (2) working days prior to the meai defivery or ff the meal did not meet at least 33 1/3
percent of the RDA/DRI or if the approved menu was not followed.
17. In the event of any breach or defauit by Purchaser or Seiler in performing the terms and conditions of
this Contract, the party not in defautt sha11 give written notice to the party in default, specifying the
acts or omiss+ons constituting the afleged default or breach; if within thirty (3D) calendar days after
issuance of such notice the party in default shaN have failed to cure such default, TNEN !N TNAT
EVENT, the party not in tlefault may terminate this contract and exercise such other rights as are
provided herein and hy 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
AUGUT7'A - CSRA AND G.A. FOOD SERV[CE INC. Page 5
which requires a reasonable period of time, such default shall be determined to have been cured if, ;
within thirty (3DJ calendar days, the party al{egedly in default shall have commenced the curing of
such default and shall thereafter diligently and continuously cause the same to be prosecuted to
compfetion.
18. Purchaser or Selier 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 Seiler's compensation
and/or time limitations, which are mutually agreed upon by and between Purchaser and Seller, sha11
be incorporated in written amendments to this Contract. Changes in compensation during the
Contract Period a�e subject to the approvai of the Georgia Dept. of Human Resources, Division of
Aging Services, and the CSRA Regional Development Center.
Seller's Assurances:
A. Seller's representative shall be provided on a regular basis to visit the individuaf Senior
Centers Programs to promote public re{ations and to prevent food serv+ce problems.
B. Seller's employee shali be located on the Kitchen Facility premises on a daily basis to ensure
an orderly flow of ineal orders and to ensure accountability on a timely basis.
C. Seller shali distribute a Menu Preference Survey quarterly to the Senior Center participants
in order to assu�e the quality, appearance, and variety and portion sizes of the meats.
D. Seiler shatl permit Purchaser and/or Purchaser's agents or employees, to enter into ihe
premises at all reasonable times for the purpose of inspeding the same or for the purpose of
maintaining or making repairs, alterations or additions to any portion of the premises.
E. Seller's representative shall be available to visit the individual nutrition sites to
promote pubiic re{ations and to prevent food service problems.
F. Seiler shall distribute a Menu Preference Survey quarterly to the nutrition site participants in
order to assure the quality, appearance, variety, 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.
G. Seller shatl 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.
H. Seller shall not assign this Contract or any interest therein.
19. This Contract constitutes the entire agreement between Seller and Purchaser with respect of the
sutiject 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. A!1 notices required under the terms of this Contract to be furnished to Seller and Purchaser
shatl be properly given if mailed in the United States mait with sufficient postage affixed thereto at
the following addresses to wit:
AUGUSTA - CSRA A[JD G.A. FOOD SERVICE INC. Page 6
SELLER: Purchaser:
JamesJ. LoBianco Administrator
12200 32"' Court N. Joyce Downs, District
St. Petersburg, FL 33774 Supervisor,
Phone: (727)573-2zi1 Fax Augusta/Richmond
No.: (727)571-1652 County Recreation and
Parks Dept. 2027
Lumpkin Rd, Augusta, GA
30906
706-796-5025-office
706-796-4099-fax
26. A11 notices under the terms of this Contract to be furnished to Purchaser Centrai Savannah
River Area Region Commission Area Agency on Aging shall be properly given if mailed in the
United States mail with su�cient postage affixed thereto to Central Savannah River Area
Region Commission Area Agency on Aging at the following address, to wit:
Attn: Andy Crosson, Executive Director
Central Savannah River A�ea Region Commission Area
Agency on Aging,
3023 River Watch Parkway, Suite A
Augusta, GA 30907
Telepho�e: (706j 210-2000 (extension 107)
Fax:(706)210-2006
This Contract shall become effective luly 1, 2011 and shall remain in effect through and including June
30, 2012. Either party may terminate this Contract by giving thirty (30) calendar days written notice of
intention to terminate. Until so terminated shail remain in full force and effect.
28. (n the event that focal, state, and/or federal tunding is terminated or otherwise unavailable
for the purpose of financing the Senior Centers Programs, then and in that event, this
Contract shail immediatety become null and void and Purchaser shall be released
immediately from all obligations hereunder. In the eveni that this Contract is terminated for
any reason, Purchaser shail pay Seilec for all services actually performed to date of
termination and under this Contract,
29. Seller shall provide the following products listed on Attachment A to the Senior Centers:
Typewritten package labeling for froze� meats must be legible, showing package date [Best
Used by Date], list of food items in the package, storage, pceparation, and safe thawing and
reheating_ instructions.
Federal regulatians require Seller to use appropriate food containers and utensils for blind
and disabled participants. Food preparers must wear disposabl� polyethylene gloves,
hairnets or hair restraints, and disposable plastic aprons while preparing food for packaging
and serving.
.i
AUGUSTA - CSRA AND G.A. FOOD SERVICB INC. Page 7
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(sj can be delivered with the meals in the event of
approval of the change�s).
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. Food Se ice Inc�
,� ;
- �� �
By: ____ � J
_� .
1a es J. LoBi nco, President
I
, Dated: J e 21;�2011
�`/
Witness:
Ro alind H. Dawson
FOR PURCHASER: ;� '
` BY. �I _ --���
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Dated: i 'L G �?i
Witness:
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