HomeMy WebLinkAboutFOOD SERVICE CONTRACT WITH G.A. FOOD SERVICE FOR 2013State of Georgia
County of Richmond
City of Augusta
WITNESSETH
FOOD SERVICE CONTRACT FOR THE NUTRITION PROGRAM
(Preparation and Delivery of Congregate and Homebound Meals)
JULY 1, 2012 TO JUNE 30, 2013
The Contract, made this 1st day of July 2012 between Augusta, Georgia, a political subdivision of the State of Georgia 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 32 Court North, St.
Petersburg, Florida 33716 (hereinafter referred to as "Seller ").
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 for the purchase of such meals through the Title III C1 and C2
program and
WHERE AS, the Central Savannah River Area Region Commission Area Agency on Aging has qualified a nutrition program
food vendor through a competitive bid process; and
WHERE AS, Seller is recognized by the Central Savannah River Area Region Commission Area Agency on Aging 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 9 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 2010, which has been made a part of
this Contract.
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 (regular), (4) a menu for five Picnic Meals
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 1
(no concentrated sweets), (5) a menu for five Shelf Stable Meals (regular), 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
Dietetic 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 2010 RFP and made a part of this Contract. Purchaser
shall be represented in this Contract by its designated employee(s) or authorized representative(s), 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 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;
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 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 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
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 2
ITEM
PRICE PER MEAL
TOTAL PRICE
Hot Congregate Meals (Bulk)
$4.45 /meal
$4.45 /meal
Hot Home Delivered Meals (bulk)
$4.45 /meal
$4.45 /meal
TMS 2 -pack ($4.45 /meal or
$8.90 /two -meal)
$4.45 /meal
$8.90 /two -pack
TMS 5 -pack ($4.45 /meal or
$22.25 /five -pack)
$4.45 /meal
$22.25 /five -pack
TMS 7 -pack ($4.45 /meal or
$31.15 /seven -pack)
$4.45 /meal
$31.15 /seven -pack
Picnic Meals
$4.45 /meal
$4.45 /meal
Shelf Stable Meals
$4.45 /meal
$4.45 /meal
prominent place within meal preparation areas, as required by Purchaser. Seller shall comply with all local,
state, and federal laws and regulations pertaining to wages and hours of employment. Seller, a"s 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 2010 RFP.
8. Seller shall use 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
2010 RFP.
9. The purchase price for meals ordered under this Contract shall be:
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.
10. Purchaser or its designee shall notify Seller of its daily meal requirements not Tess 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 Toss 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.
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 3
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.
12. 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.
13. 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 Region
Commission Area Agency on Aging 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.
14. 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 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, 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; $1,000,000 for one
personnd $2,000,900 -for anyone accident; and $1,000,000 Property Damage.
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC.
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
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 shall be included in the purchase price of each meal type as specified in number 8 above.
F. 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.
I. 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 $4.45 to replace 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 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:
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 RDA /DRI.
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 RDA /DRI 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 (3D) 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
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 5
which requires a reasonable period of time, such default shall be determined to have been cured if,
within thirty (3D) 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.
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.
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.
E. Seller's representative shall be available to visit the individual nutrition sites to
promote public relations and to prevent food service problems.
F. Seller 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 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.
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
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. 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:
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 6
SELLER:
James J. LoBianco
12200 32 Court N.
St. Petersburg, FL 33774
Phone: (727)573 -2211 Fax
No.: (727)571 -1652
26. All notices under the terms of this Contract to be furnished to Purchaser Central Savannah
River Area Region Commission Area Agency on Aging shall be properly given if mailed in the
United States mail with sufficient 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 Area Region Commission Area .
Agency on Aging,
3023 River Watch Parkway, Suite A
Augusta, GA 30907
Telephone: (706) 210 -2000 (extension 107)
Fax: (706) 210 -2006
Purchaser:
Administrator
Joyce Downs, District
Supervisor,
Augusta /Richmond County
Recreation and Parks Dept.
2027 Lumpkin Rd, Augusta,
GA 30906
706 - 796 - 5025 - office
706 - 796 - 4099 -fax
This Contract shall become effective July 1, 2012 and shall remain in effect through and including June
30, 2013. 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. In 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, Purchaser shall pay Seller 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 frozen meals must be legible, showing package date [Best
Used by Date], list of food items in the package, 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.
AUGUSTA - CSRA AND G.A. FOOD SERVICE 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(s) 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
FOR PURCHASER:
B
lir l
2
ervice
s J. LoBian
e 21, 201
o, President
Dated:
Witness: J i!
Ro alind H. Dawson
t
4OP SIGNATURE
O RINTED NAME (Pf S : �r'O•c #/1 - vim -
Dated:
By:
Jam
c.
Witness
AUGUSTA - CSRA AND G.A. FOOD SERVICE INC. Page 8
ATTACHMENT A
Included in Contract:
C005 BAG OF ICE 5 LB BAG
Included
D114 COFFEE REG 42 /CS
Included
D115 COFFEE DECAF 42 /CS
Included
D820 TEA INSTANT 3/4 OZ. 50 /CS
Included
F120 CREAMER PACKETS 1M/CS
Included
F290 PC PEPPER 3M /BX
Included
F300 PC SALT 1M /CS
Included
F310 PC SUGAR TWIN 3M /CS
Included
F320 PC SUGAR 2M /CS
Included
F321 PC HOT SAUCE 200 /CS
Included
K010 APRONS PLASTIC . 100 /BX
Included
K030 BAGS PAPER 10# LUNCH 500 /BND
Included
K060 BAG -POLY T -SAK 900 /CS
Included
K090 POLY SANDWICH BAGS 2M /CS
Included
K100 BOWL 12 OZ 125 /SLEEVE
Included
K180 CUP 12 OZ FOAM DRINK 1M /CS
Included
K190 CUP 6 OZ FOAM DRINK 1M/CS
Included
K200 CUP 8 OZ 1 M /CS
Included
K250 CUP 6 OZ SQUAT FOAM 1M/CS
Included
K380 PLASTIC GLOVES 100 /PKG
Included
K390 HAIRNETS 144 COUNT
Included
K435A CUTLERY 4 -IN -1 K,F,S,NP 250 /CS
Included
K470 LID FOR 6 OZ SQUAT FOAM 1M/CS
Included
K490 LID SQUAT FOAM 40Z 1 M /CS
Included
K610 NAPKINS LUNCHEON 15 X 17 375/PK
Included
K690 PLACEMATS PAPER 1 M /CS
Included
K720 CUP SQUAT FOAM 4 OZ , 1M/CS
Included
K730 STIRRERS COFFEE 500 /BOX
Included
K740 STRAWS PLASTIC 500 /BOX
Included
K860 TRAY 5 COMPARTMENT 500 /CS
Included
L855B TRAY FOIL W/ LID 200 /CS
Included
L934 THERMOMETERS POCKET EA
Included
L985A COFFEE URN EA
Included
--- L986 TEA SERVER EA
Included
Available for -
Purchase:
L010 BLEACH GAL
$ 1.59
CHLORINE SANITIZER TEST
L960 STRIPS EA
$ 4.62
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