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HomeMy WebLinkAbout920133.tiff • CONTRACT FOR FOOD SERVICES THIS CONTRACT, made this 10th day of f'ebni 1992A _ by and between Weld County, Colorado, by and through THE BOARD Ok COUNTY COMMISSIONERS OF WELD COUNTY, P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County," and Service America Corporation headquartered at 88 Gatehouse Road, Stamford, Connecticut , hereinafter referred to as "Contractor". 06902 WITNESSETH: WHEREAS, County desires to contract with Contractor for food services in the Weld County Jail, and WHEREAS, Contractor desires to provide food services for inmates and other persons whom the Weld County Sheriff may designate. NOW, THEREFORE, for and in consideration of the promises and mutual agreements contained herein, County and Contractor hereby agree as follows: 1. CONTRACT DOCUMENTS: The "Contract Documents" of this contract shall include, along with the main contract herein, all bid documents contained in Weld County Bid Request No. 100421-91, which documents are attached hereto and made a part hereof by reference. The parties hereto shall comply with all of the terms, conditions, and specifications contained in the contract documents. The terms and conditions of the main contract herein shall control in the case of any inconsistency between them and the terms, conditions, and specifications of the bid documents. 2. DURATION: This contract shall be effective January 1, 1992, through December 31, 1992, and is automatically renewable by both parties each year for a term of three (3) years (36 months) subject to price adjustments mutually agreed upon. County agrees to allow Contractor's management staff to be on-site at the Weld County Jail to observe and prepare for transfer of food service responsibility the two (2) weeks prior to January 1, 1992. This contract may be terminated by either party provided • a sixty-day written notice is given to the other party. Written notice to County must be sent to the Weld County Board of County Commissioners, with copies to the Weld County Director of Finance and Administrative Services and to the Weld County Sheriff. Written notice to Contractor must be sent to the Contractor, Servace America Corporation, Vice President of Correctionals with a copy to District Manager in Colorado • 3. AUTHORIZATION: County hereby authorizes contractor to manage, on county's behalf, the food services at the Weld County Jail, 915 Tenth Street, Greeley, Colorado, and to supervise, on county's behalf, preparation and service of food, including therapeutic diets, for inmates and any other persons whom the Contracting officer for County may designate. 4. FACILITIES AND EQUIPMENT: Contractor shall have full use of County's food production and food service facilities. Contractor has examined said facilities and is satisfied that they will meet the needs of Contractor for said food production and food service. County shall provide Page 1 of 4 Pages 920133 Pu_o00Li-/ Cc; SO, St;2U, C fhlt 2iccq , Pu initial inventory of glassware, silverware, chinaware, and thermal trays, but Contractor shall maintain the inventory of these items as a direct cost of said operation. 5. OBLIGATIONS OF CONTRACTOR: a. Food Services: Contractor agrees to operate and supervise County's Jail food services facilities, on County's premises, and to supervise the furnishing of food and food products, including therapeutic diets, for County's inmates and any other persons whom the contracting officers may designate. Hours and types of service shall at all times be under the control of County's Contracting Officer. b. Menu: Menus shall be submitted to County's Contracting Officer at least one week in advance of service for approval. Menus shall be nutritionally adequate and conform to any requirements made by County. Menu change/complaint forms shall be provided to inmates when said inmates have complaints concerning the menus. Completed forms shall be reviewed by Contractor's management personnel and appropriate changes shall be made after consultation with the contracting officers. County may at any time inspect any or all aspects of the food service program provided by contractor or request menu variations. c. Purchase and Procurement. Purchase and procurement of all food and food supplies utilized in the food service department needed for the County's jail facility, and any other food service department services that may mutually be agreed upon, shall be the responsibility of Contractor. In the course of procurement, Contractor will take advantage of discounts and cost savings through volume purchasers. Preference will be given to local suppliers when practical and cost- effective. d. Personnel: Contractor will provide and maintain the following staff: food service manager, who is a registered dietician, baker, a.m. cook, p.m. cook, weekend relief cook on duty at the food service facility. Contractor will also provide administrative support through its region and zone support management staffs. Contractor's personnel shall in no way be deemed to be employees of County and shall in no way be subject to or benefit from Weld County's employment handbook. contractor is responsible for the training and education, as needed, for staff and inmate workers. Contractor's . food service manager will coordinate with County officers on a daily basis. Contractor's food service manager will be responsible for: (1) Assuring contract compliance. (2) Budgeting of financial results. (3) Menu revisions. (4) Managing and training all staff. (5) Auditing sanitation standards. Page 2 of 4 Pages 920133 (6) Weekly management meetings. (7) Coordinating all units. (8) Applicable jail security requirements. 6. FINANCIAL ARRANGEMENT: Contractor agrees to manage the entire food service program for County Jail in accordance with the specifications found in Weld County's Bid Request No. 100421-91. Each month, Contractor will submit to County officers a statement showing the following items: a. Manning chart and work schedule for all employees and inmates. b. Meal counts indicating the number of meals prepared (daily census plus extra meals) . c. Weekly inventory record by item of all items in warehouse. d. Nutritional menu analysis showing the 18 R.D.A. nutrients. e. The per meal rate for County Jail will be calculated each month according to the following scale: AVERAGE DAILY POPULATION PRICE PER MEAL 110 $ 1.635 120 1.562 130 1.500 140 1.447 150 1.399 160 1.357 170 1.319 180 1.284 190 1.253 200 1.225 Compensation to Contractor will be based upon the applicable daily per meal costs appreciable by the number of meals served each day. f. Health Examinations: All employees of Contractor tt meet assigned applicabto duty at County's jail food service facility standards required by County Health Department. Said employees shall maintain current health cards which will be posted in Contractor's supervisor's office. Appropriate signs and safety posters will be displayed throughout the service area emphasizing sanitation practices and work habits. g. Performance Bond: Contractor shall furnish a performance bond in the sum of not less than 100% of this contract on or before the commencement date of the service contemplated herein. h. Insurance: Contractor shall maintain insurance according to Section 5, on Page 9 of Weld County's Bid Request No. 100421-91 entitled Page 3 of 4 Pages 920133 "Bid Specifications/Contract Food Service - General Specifications", which is attached hereto and made a part hereof by reference. i. Indemnification: Contractor shall indemnify County as stated in Section 4, on Page 9 of Weld County's Bid Request No. 100421-91 entitled "Bid Specifications/Contract Food Service - General Specifications". j . Contractor's employees will exercise due care in the use of County food service equipment and notify County when said equipment is in need of repair or replacement. 7. ACCESS TO RECORDS: Contractor will provide County access to full and accurate accounts and records of its direct cost as may be necessary for County to meet auditing requirements. CONTRACTOR: Sal/rite Amenity Corporitoi0 DATE: / /30 /9.2 BY: SUBSCRIBED AND SWORN to before me this vday of 19 WITNESS my hand and official seal. Notary Georgia Notary Public, butts County, My Commission Expires Feb.20, 1993 My commission expires: BOARD OF COUNTY COMMISSIONERS ATTEST: J /(/�J WELD COUNTY, COLORADO Weld County BY: j � — f Clerk to the`Board Chairman 02I/O�� BY: 14.e4 eYS puty Cler to Board Page 4 of 4 Pages 920133 • LEASE AGREEMENT THIS AGREEMENT, made and entered into on the 10th day of Februarys; 199`2, by and between THE COUNTY OF WELD AND STATE OF COLORADO, hereinafter referred to as "County", as Lessor, and Service America COrporation hereinafter referred to as "Operator", as Lessees, witnesseth: 1. County leases to Operator the restaurant facilities located behind the counter but not including the dining area, indicated by the area enclosed in red on the attached Exhibit "A", on the second floor of the Weld County Centennial Center located at 915 10th Street, Greeley, Colorado, 80631 from January 1, 1992 until December 31, 1992, at which time this Agreement shall be automatically renewed for successive one (1 year periods not to exceed three years, unless either party gives sixty (60) days written notice of its intent to terminate on said anniversary date. 2. The restaurant facilities covered by this Lease Agreement shall be known as the "CENTENNIAL DELICATESSEN". 3. It is agreed by and between the parties to this Lease Agreement, that County owns all of the permanent fixtures and equipment located on the premises covered by this Lease Agreement at the time that this Lease Agreement is executed by both parties. An inventory of property owned by County has been prepared by County and is attached hereto, incorporated herein by reference, and marked as Exhibit "B". Additions or deletions from this inventory shall be made throughout the term of this Lease Agreement so as to properly reflect the ownership of all the personal property and permanent reflect the ownership of all the personal property and PAGE 1 OF 6 PAGES -PUO60 {- cc. : sO, SThUice- AM�Ric0 Qa0133 permanent fixtures used in the operation of the CENTENNIAL DELICATESSEN. The County shall provide the equipment on Exhibit "B", and the operator shall provide any additional equipment and supplies which are necessary for the operation of the premises. 4. Operator shall furnish all necessary foods, supplies, paper products, and cleaning supplies used in the operation of the CENTENNIAL DELICATESSEN. 5. Operator shall fully comply with all federal, state, and local rules and regulations which may be applicable to the work performed by the Operator in the operation of the CENTENNIAL DELICATESSEN. 6. Operator shall maintain business hours commencing at 7:00 o'clock a.m. and ending at 4:00 o'clock p.m. on each day that the Weld County Centennial Center is open for the transaction of business. 7. Operator shall keep the premises covered by this Lease Agreement in clean and sanitary condition and in good repair during the term of this Lease, and shall comply with all state statutes and Local ordinances with regard to restaurant facilities, but shall not be responsible for maintaining the dining area. 8. Operator shall be responsible for keeping all tables and chairs in the dining area in clean and sanitary conditions. County shall maintain and clean all other aspects of dining area. 9. Operator shall not make any alterations or additions to the premises covered by this Lease without the prior written consent of County. 10. Operator shall furnish all necessary licenses and permits required by law for the operation of the restaurant facilities covered by this Lease Agreement. PAGE 2 OF 6 PAGES 920133 11. It is agreed by and between the parties to this Lease Agreement that in the event Operator shall employ any personnel in connection with the operation of the restaurant facility covered by this Lease Agreement, Operator shall provide all necessary worker's compensation insurance, required unemployment insurance and any other insurance coverage which may be required by law covering any said employees. It is further understood and agreed by the parties to this Lease Agreement, that any employees of Operator shall be the employees of Operator only, and shall render no services for and on behalf of County as a result of said employment. 12. County shall furnish all of the electricity, heat, and lights necessary for the operation of the restaurant facility covered by this Lease Agreement, and shall further supply a telephone to be installed on the premises occupied by the CENTENNIAL DELICATESSEN. All toll calls on said telephone shall be paid by Operator and charges for local service shall be paid by Operator based on the same rate schedule charged to all County Departments. 13. Operator shall allow all employees of Weld and all members of the public at large, free access to the dining area at all times during the hours of operation of said restaurant facilities, and all employees of County and the general public shall at all times be permitted to bring their own lunches for consumption in said dining area. 14. Operator shall have sole discretion in determining the content of the menu, to the extent permitted by cooking facilities provided by County, and further, shall have full discretion as to the charges to be placed on each item on said menu. PAGE 3 OF 6 PAGES 920133 15. Operator may prepare food at another location and provide it at the CENTENNIAL DELICATESSEN. Operator may also provide and operate his own vending machines in the dining area. 16. No space rental shall be charged Operator by County for the premises covered by this Lease Agreement during the term of this Agreement; however, Operator shall pay to County, a concession fee of _0_ per month, commencing on the 1st day of February, 1992 and a like sum to be paid by Operator to County on or before the 5th day of each succeeding month during the term of this Agreement. ' NOTE: If concession fee is not set amount, specify how the fee will be calculated, e.g. percentage of gross sales. 17. During the term of this Lease Agreement, Operator shall carry general liability insurance and products liability insurance with minimum of One Hundred and Fifty Thousand Dollars ($150,000.00) bodily injury per person, and Four Hundred Thousand Dollars ($400,000.00) bodily injury per accident. Operator further agrees to carry liability insurance covering property damage in an amount of at least Four Hundred Thousand Dollars ($400,000.00) during the term of this Lease. Weld County shall be additional named insured on the above insurance policies. 18. Operator must supply a performance bond and/or a cash deposit equal to three months estimated concession fees prior to his commencing operation of the CENTENNIAL DELICATESSEN. 19. Operator shall assume full responsibility for, and shall indemnify the County for any damage to or loss of any County property, including but not limited to buildings, fixtures, furnishings, equipment, supplies, accessories, or parts resulting in whole or PAGE 4 OF 6 PAGES 920133 r-. part from any negligent acts or omissions, or intentional torts of the Operator, any subcontractor of his, or any employee, agent, or representative of the Operator or his subcontractor. 20. Operator shall defend, hold harmless, and indemnify the County against any and all liability, claims, costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work under the terms of this Contract, resulting in whole or in part form the negligent acts or omissions, or the intentional torts of the Operator, any subcontractor of his, or any employee, agent, or representative of the Operator of his subcontractor. • PAGE 5 OF 6 PAGES 920133 IN WITNESS WHEREOF, the parties have executed this Agreement at Greeley, Weld County, Colorado, on the 10th day of February, 1992., COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY BY: f c .. crry George Kennedy„ Chairman OahoM ATTEST: Weld County • Clerk to the Board BY: eputy Clerk '- OPERATOR: BY: SUBSCRIBED AND SWORN to before me this 34 ay of , 199&- mmiS { E E�i es Notary 14T40F Pu-61�tits Weft Georgia . Commission Expires Feb.20, 199a PAGE 6 OF 6 PAGES 920133 Hello