HomeMy WebLinkAbout14-3163 OP�CV
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David D. Buell' o I ' = Wenee 7C Simpson
Prothonotary \ \� / Deputy(Prothonota
y
1750
xyrkS. Soleonage, EJQ Irene E. Morrow
Solicitor 2nd Deputy(Prothonotary
Office of the Prothonotary
Cumberland County, Pennsylvania
Mr. Paul Walters
Mr. Jeron Weaver &
Mr. Jason Seaux
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
May 27, 2014
Dear Mr. Walters, Mr. Weaver & Mr. Seaux;
According to PA Rules of Civil Procedure Rule 205.5, a Civil Cover Sheet is required for
you to file along with your Application to Proceed Informa Pauperis & Complaint.
Since we did not receive a Civil Cover Sheet from you, we have enclosed one for you to
fill out and return to our office.
Sincerely,
David D. Buell
PROTHONOTARY
Supreme Court ot,Pennsylvania
Court tf Common 'leas For Prothonotary Use Only:
Civil Cover Sheet
p Docket No:
C u R'
r18� �`D ���.
I County 14- 31(03 &vil (°ain
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S g] Complaint 0 Writ of Summons 0 Petition
0 Transfer from Another Jurisdiction 0 Declaration of Taking
E
CLead Plaintiff's Name: Lead Defendant's Name:
T Rio/Ami.rF?s , TeroA tJ v ( , Trion 6e4ux /$■arkirI (v/'fe i/cuia/ Sef'diceS L.4C
Dollar Amount Requested: Owi hin arbitration limits
I Are money damages requested? es 0 No (check one) side arbitration limits
O
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes ®'No
A Name of Plaintiff/Appellant's Attorney:
Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
O Intentional 0 Buyer Plaintiff Administrative Agencies
O Malicious Prosecution El Debt Collection:Credit Card 0 Board of Assessment
O Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
o Nuisance 0 Dept.of Transportation
0 Premises Liability 0 Statutory Appeal: Other
S 0 Product Liability (does not include 0 Employment Dispute:
E mass tort)
0 Slander/Libel/Defamation Discrimination
C 0 Other: 0 Employment Dispute: Other El Zoning Board
T _ 0 Other:
I Dr Other:
0
MASS TORT 6re46h cif canifcac/
El Asbestos
N 0 Tobacco
O Toxic Tort-DES
O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
El Other: 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
O Ground Rent 0 Mandamus
O Landlord/Tenant Dispute 0 Non-Domestic Relations
O Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Quo Warranto
0 Mort a e Foreclosure:Commercial El
El Dental 0 Partition El Replevin
El Legal 0 Quiet Title El Other:
o Medical 0 Other:
O Other Professional:
Updated 1/1/2011
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PLAINTIFF : 5. •-'.. --,7----:'
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DEFENDANT:
;
PETITION TO PROCEED IN FORMA PAUPERIS
TO THE HONORABLE , THE JUDGES OF SAID COURT :
( 1 ) 1 am the l+check one) v4laintiff _ Defendant in the above
matter and because of my Tinacial condition I am unable to pay the,
required filing fee of $ /01/5.
( 2) I am unable to obtain funds from anyone , including my
family and associates , to pay this fee .
( 3) I am currently incarcerated in - ‘000Ademei 630 AW4 •
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614) .. 1•94(.271 "rn d/ly ifof-011 I. 49/irkid 14e/a:7. hi 4074/ /led f -71,e) ge
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I verify that this statement made in this petition, and Poverty
AHHidavit ( if applicable) , are true and correct . I understand
that false statement herein are made subject to the penalties
of 18 Pa .C .S .A .
4904 , relating to unsworn falsification to authorities
Date : ‘-iel- goiii
Zol 44,fer3
Name of Petitioner
Address : /40/ di ir,1/44/ 41
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA / C"!
Paul Walters;Jeron Weaver May,22, 2014
And Jason Seaux
-all representing Cumberland County,
The constituents thereof, and the
Inmates thereof. c
Tr )t • .v.1
V. r
Aramark Correctional Services, LLC " (.,)
,C)
'72 ( 1
NOTICE _LH„
You have been sued in court. If you wish to defend against the claims
set forth in the following pages, you must take action within (20) days
after the complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-2432 South Bedford Street
Carlisle, PA 17013
j% - 3/63 Oz
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Paul Walters;Jeron Weaver May,22,2014
And Jason Seaux
,�,,
-all representing Cumberland County, c
The constituents thereof,and the u i zw
Inmates thereof. C
V. P
Aramark Correctional Services,LLC 7
COMPLAINT �
1. Paul Walters,Jeron Weaver,and Jason Seaux,hereinafter referred to as"Plaintiff(s)"file this
complaint as representatives of Cumberland County the constituents thereof and the inmates
thereof.
2. Plaintiff asserts that Plaintiff(s) is a party of real interest of the matters stated herein.
3. Aramark Correctional Services, LLC hereinafter referred to as"Defendant" is a limited liability
company doing business in Cumberland County and physically located at 1101 Market Street,
Philadelphia, Pennsylvania.
4. Plaintiff(s)avers that the defendant did cause emotional distress,committed fraud,unjust
enrichment,and a breach of contract and in support thereof avers as follows.
5. On October 17th 2011 a Food Service Agreement for Cumberland County,Pennsylvania
hereinafter referred to as a"contract"was agreed upon and executed. (see exhibit[A]attached
here to)
6. The contract was endorsed by David Kimmel,Vice President-Finance for the Defendant.
7. The contract was endorsed by Gary Eichelberger-Chairman, Richard Rovegno-Vice Chairman,
And Barbara Cross-Secretary for Cumberland County and Plaintiff(s).
8. The Defendant breached several clauses of the contract causing damages to the Plaintiff(s)and
bringing rise to the claims set forth herein.
9. Defendant did breach "contract"at paragraph 14.4 in that they failed and continued to fail to
provide 2 side dishes at every meal and often substituted side with bread.
10. Defendant did breach "contract"at paragraph 14.7 in that they failed to provide as required
yellow spoons and yellow cups,thus causing the Plaintiff(s)to raise the complaint of deliberate
indifference whereas Defendant supplies Plaintiff with beverage. However,Plaintiff has to
access to beverage, nor a container to drink from,causing malnourishment from lack of
vitamins,as well as causing dehydration to plaintiff.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Paul Walters;Jeron Weaver May,22,2014
And Jason Seaux
-all representing Cumberland County,
The constituents thereof,and the
Inmates thereof.
V.
Aramark Correctional Services, LLC
COMPLAINT CONTINUED
11. Defendant did breach "contract"at paragraph 14.8 in that all meals do not include napkins and
appropriate condiments.
12. Defendant did breach" contract" at paragraph 14.10 in that Defendant has failed to certify and
approve menu by a registered dietitian at least every six months.
13. Defendant did breach "contract"at paragraph 14.12 in that all inmates do not receive exactly
the same meal by Defendant failing to prepare enough food and subsequently replacing
shortage with different items.
14. Defendant did breach "contract"at paragraph 14.12 by allowing variation in portion sizes,
whereas Defendant on a daily basis will ladle-out 8oz of entrée then switch to a 10oz ladle when
it appears enough of entrée has been prepared.
15. Defendant did breach "contract"at paragraph 14.12 by allowing a variation of portion sizes,
whereas Defendant serves cakes, brownies,and biscuits,all of which vary in size significantly,
whereas"edge" portions of baking pan are significantly less in size compared to center cut
portions.
16. Defendant did breach "contract"at paragraph 14.13 in that Defendant fails to attempt to
achieve a zero substitution goal,whereas Defendant continuously substitutes items on menu,
including entrée and side dishes.
17. Defendant did breach "contract"at paragraph 15.2 in that Defendant serves apples and oranges
that are continuously blemished or spoiled.
18. Defendant did breach "contract"at paragraph 15.4 in that Defendant uses soy as a meat
extender in 99%of all menu item calling for meat.
19. Defendant did breach "contract"at paragraph 15.7 in that Defendant failed to regulate
temperature of food causing food to become cold and/or unpalatable.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Paul Walters;Jeron Weaver May,22,2014
And Jason Seaux
-all representing Cumberland County,
The constituents thereof,and the
Inmates thereof.
V.
Ara mark Correctional Services, LLC
COMPAINT CONTINUED
20. Defendant did breach"contract"at paragraph 15.8 in that Defendant fails to keep a frozen
sample tray for a period of one week placing plaintiff in jeopardy of an unknown illness. In the
event of consumer illness the lack of available frozen sample trays for testing would leave
inconclusive results to illness.
21. Defendant did breach "contract"at paragraph 17.2 in that Defendant fails to provide varying
lunch meat whereas Defendant has and continues to provide one type of meat in bagged
lunches.
22. Defendant did breach "contract"at paragraph 17.4 in that Defendant fails to provide 2 packs of
sugar in bagged breakfast.
23. Defendant did breach "contract" at paragraph 17.5 in that Defendant fails to provide bagged
meals of acceptable nutritional value, in which has been reviewed and approved by a registered
dietitian.
24. Defendant did breach "contract" at paragraph 19.6 by failing to make available food items that
are refrigerated and microwavable for staff working the 11-7 shift.
25. Defendant did breach "contract"at paragraph 4.1 by failing to provide meals that meet
nationally recognized standards specifically flavor,texture,and palatability.
26. Defendant did breach "contract" at paragraph 4.11 by failing to respond to all food service
complaints and grievances.
27. Defendant did breach "contract"at paragraph 8.5 by failing to maintain a quality control plan
that files the identity of substituted foods,the dates of the substitution,and the explanation of
necessity thereof.
28. Defendant did materially breach "contract" at paragraph 8.5 by substituting excessively using
meat extenders particularly soy products and thus just cause for early termination.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Paul Walters;Jeron Weaver May,22,2014
And Jason Seaux
-all representing Cumberland County,
The constituents thereof,and the
Inmates thereof.
V.
Aramark Correctional Services, LLC
COMPLAINT CONTINUED
29. Plaintiff re-avers paragraphs 1-28 of this complaint as thoughtfully set forth at length herein and
further avers the re-averments bring cause to this action particularly unjust enrichment,breach
of contract,fraud,emotional distress, physical distress,and any other claims of action as
summarized by the averments made.
30. Plaintiff avers that the totality of the circumstances and action and inaction of the Defendant
did cause emotional distress, malnourishment due to food quality,and further damages as
summarized by averments herein.
WHEREFORE,after consideration of the matters set forth herein the Plaintiff prays for relief as such:
fIj750,000.00 awarded to the Plaintiff(s)for damages as stated in paragraph 30 of this complaint.
b. An injunction ordering Defendant to cease use of meat extenders, particularly soy products of
any kind.
c. And any other relief this court deems appropriate.
Respectfully Submitted, May a 2014
�t11
Paul Walters
Jeron Wea er
%Ail /
Jason Seaux
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Paul Walters;Jeron Weaver May,22,2014
And Jason Seaux
-all representing Cumberland County,
The constituents thereof,and the
Inmates thereof.
V.
Aramark Correctional Services, LLC
CERTIFICATE OF SERVICE
I Paul Walters,Jeron Weaver,and Jason Seaux certify that I served the forgoing"Notice"and
"Complaint"via United States Postal Service addressed as follows:
Aramark Correctional Services, LLC
1101 Market Street
Philadelphia, PA 19107
Dated:May 22, 2014
4 41
Paul Walters-Plaintiff
Jeron Weaver-Plaintiff
APS
Jason Seaux-Plaintiff
1101 Claremont Road,Carlisle,Pa 17015
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Paul Walters;Jeron Weaver May,22, 2014
And Jason Seaux
-all representing Cumberland County,
The constituents thereof,and the
Inmates thereof.
v.
Aramark Correctional Services, LLC
VERIFICATION
I verify that the statements contained herein are true and correct to the best of my knowledge and
further understand that the statements made are subject to penalty of perjury as prescribed by law.
i 4
Paul Walters May 22,2014
Jer eaver
Jason Seaux
JA/j- / /
Food Service Agreement for
Cumberland County, Pennsylvania
Department: Cumberland County Prison Address for Service:
1101 Claremont Road, Carlisle, PA
Contact: Janet Scott, Deputy Warden
of Operations
ARAMARK Correctional Services, LLC, 1101 Market Street, Philadelphia, PA 19107
(herein, Contractor) agrees to provide a comprehensive food service operation at the Cumberland
County Prison as more fully described in the Invitation to Bid as set forth on Exhibit"A", for the
compensation set forth in Contractor's Bid as set forth on Exhibit "B," incorporated herein, and
upon the terms and conditions as set forth below.
1. Contract Documents. This contract shall consist of this Contract, together with the .
Invitation to Bid, Contractor's Bid, and Standard Terms and Conditions for Food Services at the
Cumberland County Prison, attached as Exhibits "A," "B," and C. "Where there is a conflict
between the provisions of this Food Service Agreement and any of the other documents, this
Food Service Agreement shall control. Where there is a conflict between the provisions of the
Standard Terms and Conditions for Food Services at the Cumberland County Prison and the
terms set forth in the Invitation to Bid, the latter shall control.
2. TERM OF CONTRACT. The term of this contract shall be for a period of three (3) years,
commencing on November 2, 2011 and terminating on November 1, 2014, with an option by the
County to renew for two (2) successive renewal terms of one (1) year each subject to mutual
agreement by the County and vendor on the cost per meal. The County shall exercise its option
to renew by giving written notice to the vendor at least thirty (30) days prior to the end of the
then current term.
3. DAYS AND TIMES OF SERVICE. Services shall be provided at the times set forth in the
Invitation to Bid.
4. STANDARD TERMS AND CONDITIONS. The Standard Contract Terms and Conditions for
Services of Cumberland County are attached hereto as Exhibit"C," and incorporated herein.
5. PROFESSIONAL SERVICES. Contractor is required to provide certain professional services
in the performance of this contract:
A. In the performance of professional services, County relies upon the professional expertise
of Contractor.
B. Contractor agrees to accept such undertaking and to perform all such services in a
professional and expert manner, using its specialized expertise. Contractor represents that it has
the professional qualifications and special expertise necessary to perform the services required
hereunder.
C. In the performance of its professional services hereunder, Contractor shall, at all times, be
considered an independent contractor and not an employee of County, and shall determine its
own methods of operation in accomplishing the tasks assigned, subject only to the requirements
set forth herein that said work be performed in a professionally expert manner within the time
period required for performance of the services. Time shall be of the essence of this agreement.
D. For purposes of this agreement the term "Contractor" shall be deemed to include each of
Contractor's employees and agents who provide services hereunder, and each of said persons
shall perform services in the manner set forth in this contract.
E. In addition to the required comprehensive general liability insurance, Contractor shall
maintain a policy of professional liability insurance covering its relationship to County and all
professional services provided hereunder. Such policy shall insure against any and all claims
arising directly or indirectly under this Agreement and the services to be provided by Contractor.
Such insurance shall be in minimum limits not less than One Million Dollars ($1,000,000) per
claim and Three Million Dollars ($3,000,000) aggregate. Such policy shall be maintained in
effect for the duration of the term of this Agreement and for two years subsequent to the
termination of this Contract. Certificates of insurance and renewals shall be provided to County.
6. TERMINATION. The termination rights of the parties are set forth in Exhibit"C."
7. WARRANTIES. In addition to all other warranties imposed by law, Contractor shall be
governed by the warranties set forth In Exhibit"C."
8. PRODUCTS LIABILITY INSURANCE. In addition to the required comprehensive general
liability and professional liability insurance, Contractor shall maintain a policy of products
liability insurance. Such policy shall insure against any and all claims arising directly or
indirectly under this Agreement and the food products to be provided by Contractor. Such
insurance shall be in minimum limits not less than One Million Dollars ($1,000,000) per claim
and Three Million Dollars ($3,000,000) aggregate. Such policy shall be maintained in effect for
the duration of the term of this Agreement. Certificates of insurance and renewals shall be
provided to County.
9. No WAIVER. No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent or subsequent breach of the same or of any other
provisions hereof and no waiver shall be effective unless made in writing and signed by an
authorized representative of the party to be charged herewith.
10. GENERAL. This Food Service Agreement, its Exhibits and the documents described in
Paragraph No. I supersede any previous written or oral agreements or understandings between
the parties concerning the subject hereof and constitute the entire agreement between the parties.
No amendments or additions to the terms and conditions of this Service Agreement shall be valid
unless set forth in writing and signed by an authorized representative of each of the parties.
2
11. MODIFICATIONS TO THE STANDARD CONTRACT TERMS AND CONDITIONS FOR FOOD
SERVICES AT THE CUMBERLAND COUNTY PRISON.
The following paragraph(s) shall be amended to read as follows:
Paragraph 25—Change Orders: The second sentence of this paragraph is amended to
state as follows: Any such change order shall be in writing signed by the County and the
Contractor,
IN WITNESS WHEREOF, the parties have caused this Service Agreement to be
executed this 17`h day of October, 2011.
ATTEST: CONTRACTOR: ARAMARK Correctional
Services, LLC
1,... By:
La Harrington David Ki Vice President-Finance
Assistant Secretary
CO 411100
Denni. ►4 . ion, Chief Clerk Gary Eichelbe :er, Chairmen
ehr-efrvio
Richard L. Rovegno, Vice-Chairman
By: ?)(44.4--,-,.-
Barbara B. Cross, Secretary
3
EXHIBIT "A"
SCOPE OF SERVICE
1. INTRODUCTION
1.1. Cumberland County, Pennsylvania is soliciting bid proposals from qualified
Contractors for the provision of a comprehensive food service operation at the
Cumberland County Prison (the "Prison") to include, but not be limited to:
- management and staffing;
- menu planning, meal preparation, meal delivery;
- purchasing of food products, supplies, cleaning and sanitation supplies; and
- cleanliness and sanitation of all food preparation and service areas and dining rooms.
1.2. The food service operation shall consist of 3 meals per day, 365 days per year, leap
year inclusive.
1.3. The Prison's average daily population for the past five (5) years and the number of
staff-offered meals on a daily basis are set forth on Attachment 1 and in section 19.7 of
these specifications.
1.4. The Prison is undertaking an expansion/renovation project (the "Project") and currently
has 558 inmate beds.
1.5. At the conclusion of the Project, the Prison will have an inmate bed capacity of 722. A
complete kitchen renovation is included in the Project; see Attachment 2 for inmate
housing unit descriptions and bed capacities.
1.6. Historically, food service has been provided by county staff consisting of 1 head cook
and 4 cooks, assisted by inmate kitchen workers using pre-approved menus. The head
cook has been responsible for purchasing, inventory control and general supervision of
food service operations. Cooks have been responsible for the day-to-day operations of
food service including the supervision of inmate kitchen workers.
1.7. Meals will be delivered to inmate housing units by on duty inmate kitchen workers
Inmates eat in their cells except for those delivering meals. Meal timeframes, including
kitchen cleanup & trash removal are as follows:
- Breakfast—4:30 a.m.-7:30 a.m.
- Lunch— 10:00 a.m-12:30 p.m.
- Dinner— 3:30 p.m-5:30 p.m.
2. OBJECTIVES
The successful Contractor shall meet the following objectives:
2.1. Food and food service operations shall meet all applicable federal, state and local
guidelines, laws and regulations and shall meet the standards prescribed by the
American Correctional Association Core Jail Standards, National Commission of
Correctional Healthcare, and 37 Pa Code Ch. 95 (County Correctional Institutions).
2.2. Operate the food service program using corrections-experienced and professionally
trained personnel.
4
2.3. Operate the food service program in a cost effective manner with full reporting to
Cumberland County as required by the County
2.4. Maintain an open and collaborative relationship with the administration and staff of the
Prison and other County offices.
2.5. Offer a comprehensive program for continuing staff and inmate training.
2.6. Implement a written food service plan with clear objectives, policies, procedures and
annual evaluation of compliance. The plan must be submitted to the County prior to
commencement of services under the contract and shall be subject to its approval, in its
sole discretion. No performance or services under the contract shall commence until
County has approved the plan.
2.7. Operate the food service program in a humane manner with due regard for all inmates'
rights, inclusive of basic health and nutritional standards.
2.8. Assist Prison staff in developing and implementing a contingency food service plan in
preparation for the Project. It is anticipated that the Prison will lose all kitchen
capability during construction under the Project. The plan will be required to address
menus, food products and supplies storage, meal preparation and delivery, clean-up and
sanitation, etc., during and subsequent to completion of the Project.
3. QUALIFICATIONS OF BIDDERS
All bidders must meet the following criteria:
3.1. The provision of correctional food service shall be permitted under the Contractor's
internal business purposes. Contractors shall demonstrate at least 5 years of
correctional food service experience with proven effectiveness in administering
correctional food service programs similar to the size and population of the Prison.
3.2. The Contractor must provide qualified and trained staff with sufficient back-up
personnel to successfully complete the contract requirements. Personnel must include a
registered dietitian who has corrections experience and who is constantly available for
consultation, menu development and approval.
3.3. The Contractor must have central office capability necessary to supervise and monitor
the food service program in order to insure satisfactory provision of services.
3.4. The Contractor must have an alternate emergency food preparation site which can
accommodate the Prison's food service needs in the event that said services cannot be
provided from the Prison's kitchen in time to meet established meal schedules.
3.5. The Contractor must submit a certified copy of the current financial report of the
Company. If the Company is a subsidiary or division of another entity, the relationship
of the Contractor must be clearly delineated in the proposal and the financial reports of
all entities shall be submitted.
3.6. The Contractor shall submit at least five references of correctional facilities, of similar
size and population of the Cumberland County Prison, within which it has provided
food services similar to those described herein. The references shall include the name
and address of the facility, facility administrator's name and telephone number and a
brief description of the size and average inmate population of the facility. References
located in Pennsylvania are recommended.
3.7. The Contactor shall submit a listing of the number of grievances or contract disputes in
which it has been involved in litigation in the judicial system or in grievance or
5
arbitration proceedings in the past three (3) years. The listing shall include a brief
description, status and disposition of each case.
3.8. Interested Contractors shall be required to attend a pre-bid conference where questions
may be posed and a site visit will take place.
4. CONTRACTOR RESPONSIBILITIES
/The successful Contractor shall have the following duties and responsibilities:
4.1. Provide meals meeting nationally recognized nutrition standards with concerted
attention to freshness, flavor, texture, temperature, appearance and palatability.
4.2. Provide professional management and supervision of the food service program
including the provision of adequate staff to oversee and supervise all aspects of the
food service operation.
4.3. Provide at its sole expense any equipment, not otherwise provided by the County at the
commencement of the contract, which may be needed to fulfill the obligations of the
contract.
4.4. Maintain superior sanitation standards including, but not limited to, daily cleaning and
sanitation of all food service, preparation and storage areas (inclusive of all equipment,
tables/counters, storage facilities, kitchen hoods, floors, walls, windows, ceilings, fans,
light fixtures, etc.) in accordance with state and local laws, regulations and standards.
Cleaning, sanitation and housekeeping supplies and equipment shall be provided at
Contractor's expense.
4.5. Train and supervise inmate kitchen labor subject to overall control by the Prison staff.
4.6. Provide annual health examinations, at Contractor's sole expense, to all of its
employees assigned to duty at the Prison not less frequently than required by applicable
federal, state and local laws, regulations and standards, Contractor shall submit
satisfactory evidence of compliance with all applicable health regulations at all times
requested by the Prison or other authorities, but not less than annually. At no time shall
Contractor's employees be permitted in the Prison when he or she is suffering from
diarrhea, skin infections and other illnesses transmittable by food or utensils.
4.7. Make Contractor employees available to Prison staff, prior to commencement of work
and at all times deemed appropriate by prison staff, to familiarize them with pertinent
policies, procedures and emergency plans.
4.8. Perform services in such a manner as to conserve electricity, gas and water as part of
the scope of operations and to participate in any recycling programs in an effort to
control waste removal costs. Utility use will be monitored by Prison staff and
Contractor must operate in an efficient manner at all times.
4.9. Visually inspect all inmate kitchen workers daily upon reporting for work to insure
proper hygiene standards are maintained and take appropriate action with Prison staff to
remove any inmate kitchen workers from the food service area who does not meet
acceptable hygiene standards. Contractor employees are expected to report to work
free from any health conditions which could jeopardize the food service operation
and/or other people.
4.10. Physically secure all food service areas and equipment as required by the Prison's
procedures at the conclusion of every work day.
6
4.11. Respond to all food service complaints and grievances as required by Prison
procedures. The Contractor shall maintain a record of all complaints, grievances and
responses and compile them into a report submitted monthly, not later than the 10th day
of the following month, to the Deputy Warden—Operations.
4.12. Order, manage and pay for all food products and cleaning, sanitation and housekeeping
supplies for all food service, preparation and storage areas (inclusive of all equipment,
tables/counters, storage facilities, kitchen hoods, floors, walls, windows, ceilings, fans,
light fixtures, etc.). Until consumed, these items remain the property of the Contractor.
4.13. Supply uniforms for Contractor employees that are neat, professional and are
distinguishable from the uniforms worn by Prison staff and inmates.
4.14. Pay all costs, including payroll costs and employee benefits, associated with Contractor
employees.
4.15. Maintain an inventory and storage system for food and supplies which is acceptable to
the Prison and which is adequate to respond to situations where product or supply
deliveries may be impeded. A five (5) day inventory shall be kept on hand at all times.
4.16. Submit and maintain contingency plans, subject to the prior approval of Prison staff, to
provide services under the contract in the event of circumstances or emergencies which
would impede or impair normal operations.
4.17. Meet all applicable federal, state and local guidelines, laws and regulations and other
standards or requirements related to food and food service. Provide all necessary
licenses, permits and certificates and bear responsibility for all health and sanitation
inspections. Contractor shall indemnify and hold County harmless from any fine,
penalty or liability resulting from its failure to comply with the provisions of this
contract or of any applicable law or regulation.
4.18. Prepare all meals on-site unless emergency conditions necessitate otherwise and
relocation is authorized by the Warden.
4.19. Ensure strict knife and other sharp instrument control in accordance with Prison
procedures. Discrepancies or problems shall be reported to the appropriate Prison
security staff immediately upon discovery of the occurrence.
4.20. Use of the Prison and Contractor's services under the contract shall not be offered or
made available to persons other than Prison inmates and Prison staff unless authorized
by the Warden.
5. COUNTY RESPONSIBILITIES
5.1. Permit the Contractor access to and use of solely the kitchen area and use of all food
service equipment currently in the Prison for the sole purpose of food services
operations. A list of existing equipment is set forth in Attachment 3.
5.2 Provide non-exclusive ingress, egress, and access to, and use by, Contractor's
employees of restrooms, corridors, elevators, driveways, loading platforms, storage
space and other administrative facilities within the Prison, all as designated by Prison
staff.
5.3. Provide utilities, at its expense, necessary for Contractor to perform under the contract
including water, electricity, gas, sewer and local telephone. In the event Contractor
causes excessive consumption or wastes utilities, the additional expense shall be that of
Contractor.
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5.4. Provide trash containers and liners and recycling containers for use by the Contractor
and furnish disposal services for trash and recyclables.
5.5. Provide Prison laundry services for laundering aprons, towels, dishcloths, etc. used in
food service operations. This does not include Contractor supplied employee uniforms.
5.6. Provide pest control for all areas assigned to the Contractor.
5.7. Provide inmate kitchen labor as mutually agreed upon between the County and the
Contractor, subject to Prison procedures. County will provide inmate kitchen workers
with uniforms.
5.8. Provide all structural repairs to and maintenance of the building and fixtures, such as,
light fixtures, HVAC, etc.
5.9. Provide for maintenance and repair of all County-owned kitchen equipment caused by
normal wear and tear. Subject to its discretion, the County will replace its equipment,
which in its opinion has exceeded its useful life, upon consulting with the Contractor.
Contractor will coordinate any needed maintenance and repair of equipment in
accordance with Prison procedures. Contractor shall be solely responsible for repairs
necessitated by its actions, negligence or wrongful conduct.
5.10. Provide office space for Contractor employees to use in execution of the contract.
5.11. Provide Contractor with support services, as may be reasonably necessary, to comply
with the contract such as copying, local telephone, mail (incoming, outgoing-postage is
responsibility of Contractor) as may be agreed upon at the time of the service.
5.12. Provide the Contractor with an accurate meal count, in compliance with menu
requirements, at least two (2) hours prior to the commencement of the meal.
5.13. Provide security services in all food service areas.
5.14. Review Contractor's procedures to ensure security, accounting for tools and utensils,
controlling supply storage, supervising incoming supplies and disposal of garbage.
5.15. The Prison staff reserves the right to observe the Contractor's operations and to inspect
the kitchen and related areas at any time.
6. KITCHEN RENOVATION PROJECT
6.1 The Project is anticipated to begin the second half of 2011 and is expected to continue a
minimum of four(4) months.
6.2 All existing kitchen capabilities, including but not limited to the following, will be
hampered or lost during the construction of the Project:
- all food/supplies storage;
- food preparation areas;
- freezers/refrigeration; and
- all dishwashing capability.
6.3 The Contractor and County shall mutually develop and implement a plan for continuing
food service operations during Project construction, including but not limited to:
- menu planning/food preparation;
- serving meals to inmates and staff;
- freezers/refrigeration;
- food/supplies storage; and
- sanitation.
8
6.4 As part of their bid, bidders shall include preliminary concepts and ideas for continuing
food service operations during the Project construction.
7. FOOD SERVICE STAFFING
7.1. Personnel hired by the Contactor shall remain at all times the employees solely of
Contractor and Contractor shall pay all wages, fringe benefits, worker's compensation,
insurances, payroll taxes and other costs associated with its employees. This provision
is exclusive of any and all inmate kitchen workers.
7.2. The Contractor shall only assign personnel to perform duties at the Prison who are
experienced and qualified. Contractor employees shall be ServeSafe certified or be
supervised during work hours by someone who satisfies this requirement.
7.3. The Contractor shall perform all supervision of its employees performing duties under
the contract. The Contractor shall enforce all County personnel rules, regulations and
policies, both verbal and written, as set forth by the County and provided to the
Contractor. The County shall have the right to remove from the Prison, and prevent the
return of, any employee of Contractor who fails to abide by its rules, regulations and
policies.
7.4. Provide and retain at least one experienced and fully qualified food service manager
and a registered dietician who shall work in conjunction with the Prison staff to assure
all contractual requirements are met. There shall be no less than one Contractor
employee to oversee and supervise all aspects of the food service operations during an
assigned shift. The County retains the right to approve or reject any employee of the
Contractor.
7.5. Any change in Contractor personnel must be approved in advance by the Prison staff.
A complete roster of all Contractor employees assigned to the Prison, including names,
addresses and telephone numbers, shall be kept in the Contractor's on-site office and
shall be kept updated and submitted to appropriate Prison staff when amended.
Contractor shall notify prison administrators of incarcerated relations of employees.
7.6. The Contractor shall provide sufficient staff necessary for the full and timely delivery
of food services at all times.
7.7. All Contractor employees shall be thoroughly screened, including criminal history,
background checks and medical history and shall have no physical disabilities or health
issues that would preclude them from performing their duties before commencing work
at the Prison. The Prison shall have the sole right, at any time, to reject and/or remove
any such employee who, in the Prison's judgment, poses a risk or potential risk to the
security or operations of the Prison.
7.8. Contractor's registered dietitian shall be available at all times for menu development,
modification and consultation.
7.9. Inmate kitchen workers will be provided as mutually agreed upon by the County and
the Contractor. Inmate kitchen workers shall be selected using Prison procedures.
7.11. Inmate kitchen workers shall assist the Contractor in the preparation of food, delivery
of meals, cleaning and sanitation of all food service areas and equipment and inmate
and staff dining rooms.
7.12. Inmates are not permitted to supervise other inmates.
9
7.13. The Contractor agrees to train and supervise inmates only with respect to food service
tasks. Contractor training and supervision of inmates shall be subject to overall control
of the Prison staff. The proposal shall include the inmate training program as part of
the Contractor's overall training program.
7.14. All proposals must clearly detail the proposed roles of the Contractor's food service
manager, its employees and inmates in the food service operation.
7.15. The Contractor shall provide the name of the supervisor or executive to whom the
highest ranking on-site manager reports. This supervisor or executive shall be the
County's contact person for operational issues, questions and contractual notifications.
7.16. The successful contractor shall review all employees currently working in the Prison's
food service for possible retention.
7.17. All Contractor employees must have the ability to understand, read and write the
English language.
7.18. Contractor employees shall be certified in food safety and sanitation in accordance with
3 P. S. §§ 6501 — 6510 and other applicable laws and regulations, relating to food
employee certification.
8. INSPECTIONS, REPORTS, QUALITY ASSURANCE
8.1 Regular inspections of all food service areas will be conducted by Prison staff to ensure
compliance with the contract. Such inspections may be conducted with or without prior
notice to Contractor.
8.2. Additional inspections will be conducted by the Prison's inmate health care provider,
PA Department of Corrections, US Marshal Service and Federal Bureau of Prisons and
j8 other applicable authorities to insure compliance with ACA Core Jail Standards,
NCCHC Standard, 37 Pa Code Ch. 95 standards and other contractual obligations.
.3. By the 10th day of each month, the Contractor shall submit a monthly statistical report
of activities, meals served, costs, complaints, grievance, etc., for the prior month to the
Deputy Warden—Operations.
8.4. Contractor shall attend meetings as directed by the Warden and Deputy Warden —
Operations.
8.5. The Contractor shall establish and maintain a quality control plan that:
- Documents an inspection system covering all services required in this Request foz
Bids. The plan must outline the methods of identifying and preventing deficiencies
in the quality of its service performed before the level of performance becomes
unacceptable.
- Maintain a file of all inspections conducted by the Contractor and any corrective
actions taken.
- Maintain a food product substitution file that identifies the substitutions, the dates 1
of the substitution and explains the necessity of the substitutions. Excessive
substitutions shall be considered a material breach of the contract and may be
considered just cause for early termination of the agreement.
- Provide for and document temperature checks of food on the tray assembly line.
- Maintain daily production sheets that document the food served, the portion size
given and total product used.
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9. SANITATION
9.1. The Contractor shall be responsible for the daily cleaning, sanitizing and housekeeping
of all food service operational areas in accordance with ACA Core Jail Standards,
NCCHC Standards, PA Title 37, Chapter 95 Standards, other applicable laws and
regulations, and § 4.4 of these specifications.
9.2. The Contractor shall be responsible for the proper removal of trash and garbage from
the Prison to the appropriate County provided receptacles. Trash and garbage shall be
removed by inmate kitchen workers from each receptacle when it becomes full, but in
no event less frequently than daily. The County will provide the dumpsters for trash
and recyclable disposal.
9.3. The Contractor shall establish hazardous chemical logs and shall comply with all
applicable laws and standards concerning the use, storage and handling of hazardous
substances and chemicals.
9.4. A current complete set of Material Safety Data Sheets (MSDS) will be maintained in
the kitchen area.
9.5. The Contractor shall provide and pay for all cleaning and sanitation supplies necessary
for compliance with the contract specifications.
10. EQUIPMENT
10.1. The County shall allow the Contractor to utilize existing County-owned equipment in
the Prison kitchen during the term of the contract (see §§ 5.1 and 5.9 above).
10.2. All equipment purchased by the Contractor for use at the Prison must have the prior
approval of the Warden, will remain the property of the Contractor (see 4.3) and shall
be removed by the Contractor at its expense at the expiration or termination of the
contract. The Contractor is responsible for any and all expenses related to such
equipment.
10.3. The Contractor shall keep all kitchen equipment, regardless of ownership, clean and
sanitary and submit service orders in accordance with Prison procedures when County-
owned equipment requires maintenance or repair.
10.4. In its sole discretion, the County will replace equipment, which in the sole opinion of
the County has exceeded its useful life.
10.5. Contractor shall provide and maintain a sufficient supply of serving trays and lids (if
lids are used), transport carts and drying racks required for the maintenance, cleanliness
and sanitation of the trays to fulfill the contract requirements.
11. FOOD SERVICE DELIVERIES
11.1. The Contractor shall provide delivery schedules to Prison staff at least 24 hours prior to
delivery. Delivery schedules must be arranged and maintained according to Prison
receiving hours and procedures.
11.2. The Contractor shall be solely responsible for confirming quantities, weights, counts
and quality of products being delivered.
11.3. Prison security staff must be present at all deliveries. All deliveries are subject to
security inspections.
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11.4. All deliveries must be made to the Prison's dock area.
12. COMMODITIES
12.1. On occasion, the Prison qualifies to receive food products from Federal Surplus Food
Programs, Food Banks or other appropriate sources (special food programs).
12.2. The Contractor shall assume all costs, direct or indirect, in procuring such commodities
and in complying with all applicable laws, rules and regulations.
12.3. Contractor shall maintain complete records of the receipt, proper storage, inventory and
usage of all commodities procured from special food programs.
12.4. Contractor agrees that all commodities received on behalf of the County from special
food programs shall only benefit the Prison and shall only be utilized at the Prison in
the performance of this contract. Credit for utilized commodities will be clearly
annotated on monthly invoices to the Prison.
13. TRANSITION PLAN
13.1. Contractors shall submit a preliminary transition plan with their bids.
13.2. The successful Contractor will coordinate and cooperate with the Prison's Deputy
Warden - Operations to assure a smooth and orderly transition with uninterrupted food
services.
13.3. Prior to commencement of contract a final transition plan will be developed and
approved by County to include, but not be limited to, details for conducting inventories
of Prison kitchen equipment, food products and supplies, hiring and staffing, menu
plans and coordination of activities with current operations.
13.4. As part of their bid, Contractors shall submit a plan for either purchasing or giving
credit value to the Prison's existing food, supplies and chemical inventory if awarded a
contract.
14. MENUS AND NUTRITIONAL REQUIREMENTS
14.1. All meals will be non-pork/non-pork by-products.
14.2. The Contractor shall prepare and serve from a 28-day menu cycle, at proper
temperatures, nutritious, wholesome, palatable meals and alternative diets to inmates
and staff.
14.3. The Contractor shall provide three (3) nutritionally balanced meals (breakfast, lunch,
dinner) each day, 365 days per year, leap year inclusive. A minimum of at least two (2)
hot meals will be provided per day.
14.4. Each lunch and dinner meal shall include a minimum of one entrée, two side dishes and
one dessert. Condiments, drinks and bread do not qualify as side dishes. Some type of
bread shall be served at each meal.
14.5. Serving sizes for entrée items shall be based upon cooked weight measurements.
Serving sizes for side dishes shall be based on volume measurements.
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14.6. Meals will be portioned onto insulated, compartmentalized trays. Inmate kitchen
workers are required to have direct Contractor supervision while completing these
tasks.
14.7. Contractor shall provide orange plastic soup spoons and yellow plastic cups for inmate
meals.
14.8. All meals must include napkins and appropriate condiments, i.e. mustard, ketchup,
mayonnaise, etc.
14.9. Menus must contain a complete nutritional analysis of each item and must indicate the
weight or volume measurement of the item. Analysis must substantiate the minimum
3,000 calories per day requirement.
14.10. Menus must be certified and approved by the Contractor's registered ADA dietitian at
least every six months, to include alternative menus. A copy of Contractor's registered
dietitian's ADA certificate must be included with Contractor's bid.
14.11.Contractor shall maintain a set of standardized recipes for all menu items that contain
portion yield data for each item.
14.12.Contractor shall assure that all inmates receive exactly the same meal and that there is
no variation between portions served or menu items, with the exception of inmates who
are approved for alternative diets.
14.13.Contractor shall attempt to achieve a zero substitution goal (see § 8.5 above). The
Contractor shall submit a monthly report of all menu substitutions to the Deputy
Warden-Operations. All substitutions to the established menu shall be approved in
advance in writing by the registered dietitian.
14.14.With prior authorization, a corrections food loaf will be prepared and delivered to those
inmates requiring such in disciplinary detention or administrative segregation. The
food loaf will include the same nutritional value as the general meal served.
14.15.All meals shall meet current recommended daily allowance requirements for adults and
provide a minimum of 3,000 calories per day. All menu portions shall be identified as
cooked weight. A sample menu is included. See Attachment 4.
15. FOOD QUALITY
15.1. All food items provided by the Contractor in connection with this Request for Bids
shall meet and comply with all government regulations and laws.
15.2. All food served shall be wholesome and be free from spoilage and decay. Uncooked
items, such as fresh fruits and vegetables, shall be clean and free from blemishes.
15.3. All meat must meet the general requirements formulated by the US Department of
Agriculture and meet the grade requirements set forth in § 15.4 below.
15.4. Contractor shall guarantee the provision of the highest food quality standard using the
following guidelines:
• U.S. choice, or higher, grades of beef. Only USDA inspected meat (of any kind) is
acceptable.
✓ Ground beef, include patties, shall be provided with a minimum lean to fat ratio of
75/25. Meat extenders (soy products, etc.) or gland meat of any kind is not
acceptable.
✓ Ground turkey & chicken shall be meat only, no skins included. Ground turkey or
chicken may be substituted in recipes calling for ground beef, if appropriate.
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✓ Grade A or B fresh, frozen or canned vegetables are acceptable, no dented cans.
✓ Grade A or B fresh, frozen or canned fruits are acceptable, no dented cans.
• Pork — absolutely no pork or pork by-products permitted to be used in any
fashion.
15.5. All proteins (beef, turkey, chicken, etc.) and dairy products (eggs, milk, cheese, etc.)
shall be purchased from suppliers using HACCP (Hazard Analysis Critical Control
Point) programs.
15.6. All food items shall be purchased and meet all federal and state regulations for food
safety and use only industry "best practices" to assure quality and wholesome
standards.
15.7. Cooking temperatures and times shall be regulated in order to reach appropriate
doneness, to retain nutrients and to serve palatable and attractive food (ServeSafe
guidelines shall apply).
15.8. A sample tray, referred to as "dead trays' of each meal will be kept dated and frozen for
a period of one week for testing in the event of consumer illness or sickness.
15.9. All food and beverage products with expiration dates used by Contractor must be used
prior to the expiration date.
15.10 Contractor shall provide written procedures for verification of food safety and quality
regarding "opportunity" or "spot" buys (defined as discounted items purchased from a
broker or distributor).
15.11 Contractor shall use facilities and manufacturers that maintain liability and product
insurance at limits not less than those required by County of Contractor.
16. ALTERNATIVE DIETS
16.1. Contractor shall prepare alternative or modified diet meals resulting from medical or
religious necessity that shall be consistent with the general inmate population menu
cycle. The registered dietitian shall review and approve these diets to ensure proper
nutritional values.
16.2. Alternative or modified diets shall conform to the medical or religious criteria provided
to the Contractor and shall be served as ordered at the same cost per meal as a standard
general inmate population meal.
16.3. Typical medical diets could include, but are not limited to:
> Low sodium-Bland
> Reduced fat
➢ Gastric soft
D High protein
➢ Diabetic (dictating daily caloric count & snack)
D Pregnancy (dictating snack & milk)
D Lactose free
• Allergy (i.e., no fish, peanuts, etc.)
Approximately 40 inmates at any given time receive alternate or modified diets.
16.4. Some inmates receive medically necessary snacks in the evening. These typically
apply to pregnant female inmates, diabetic inmates and inmates requiring extra protein.
At any given time, approximately 25 inmates are receiving an evening snack in addition
to their three (3) meals per day. Currently, a snack consists of one (1)peanut butter and
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jelly sandwich and a piece of fresh fruit. Snack costs shall be included in the cost per
meal.
16.5. Religious diets are approved by the Prison's Chaplain. Typical religious diets could
include, but are not limited to inmates practicing the:
> Muslim faith
> Jewish faith
> Catholic faith
Approved religious diets are minimal. On average, 8-10 inmates observe and
participate in Ramadan.
17. BAG MEALS
17.1. Bag lunches are prepared for work release inmates and inmates who may have missed a
meal.
17.2. Approximately 150 bag lunches are served per day. Currently, bag lunches consist of
two (2) sandwiches (4 slices of bread, varying lunch meats, cheese) a piece of fresh
fruit, cookie and condiments.
17.3. Bag breakfasts are prepared for work release inmates and inmates who may have
missed a meal.
17.4. Approximately 30 bag breakfasts are served per day. Currently, a bag breakfast
consists of a bowl of cereal, cookies or muffin, 2 packets of sugar, plastic spoon and
small container of milk.
17.5. Bag meals shall be of acceptable nutritional value, reviewed and approved by the
registered dietician and should be provided at the same contract rate as a regular meal.
18. HOLIDAY MEALS
18.1. Holiday menus shall be prepared for Easter, Independence Day, Thanksgiving and
Christmas for all inmates and staff
18.2. Holiday meals shall be provided at the same contract rate as regular meals.
19. STAFF DINING
19.1. Prison staff will be offered the same meal as served to the inmate population at the
same contracted rate. In lieu of said meal, the Prison is interested in the Contractor
providing a salad/food bar in the staff dining room. Cost not to exceed the contracted
inmate meal cost.
19.2. The Contractor shall provide for and maintain the salad/food bar during mutually
agreed upon time frames.
19.3. Serving trays, plastic silverware, napkins, salt, pepper, mustard, ketchup, mayonnaise,
etc. shall be supplied by the Contractor.
19.4. The Contractor shall provide fresh coffee, condiments and a cold beverage, such as ice
tea, in the staff dining room at all times.
19.5. Occasions may arise when visitors are invited to eat at the prison (i.e. various meetings,
trainings, volunteer appreciation recognition, etc.). The menu and charges must be
approved by the Contractor and Deputy Warden—Operations in advance.
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V19.6. Staff working the 7-3 and 3-11 shifts will be provided one meal during their shift. The
11-7 shift shall have food items available to them in staff dining that are refrigerated or
can be warmed in a microwave.
19.7. An estimation of Prison staff meals are as follows:
Monday—Friday:
Lunch—7-3 shift (minimum), support, treatment, medical, booking 42 meals daily
Dinner—3-11 shift (minimum), medical, booking 25 meals daily
Weekends:
Lunch—7-3 shift(minimum), medical, booking 20 meals daily
Dinner—3-11 shift (minimum), medical, booking 22 meals daily
Monday—Friday:
11-7 shift (minimum), medical, booking 18 meals daily
Weekends:
11-7 shift(minimum), medical, booking 16 meals daily
20. CONTINGENCY PLANNING
20.1 Contractor shall provide a Contingency plan for providing service in the event of
lockdowns, riots, power failures, acts of God or other events that may curtail or impact
normal operations of the Prison. The plan shall detail the Contractor's ability to
respond to these or other catastrophic occurrences through the use of off-site locations
for food preparation, staffing plans, food deliveries, etc.
20.2 The Contractor shall be required to carry no less than a five (5) day inventory of food
and supplies to be used in case of an emergency.
21. BID EVALUATION AND AWARD
Proposals received will be reviewed and the award shall be made to the lowest responsive
and responsible bidder, provided further, that the bid is complete, demonstrates the required
experience and passes a reference check. The low bid shall mean the sum of the per meal
prices designated on the bid form for each of the 3 years of the term of the contract. Optional
years will not be used in determining the low bid.
22. CONTRACT LENGTH & COMPENSATION
22.1 The term of the contract shall be for three (3) years. The County shall have the option
to extend the contract for two (2) successive renewal terms of one (1) year each subject
to mutual agreement by the County and Contractor on the cost per meal. The County
shall exercise its option to renew by giving written notice to the Contractor at least
thirty (30) days prior to the end of the current term.
22.2. Contractors shall submit a price proposal based on a "Cost Per Meal." See Attachment
5. Such Cost Per Meal shall include the cost of all food, labor, cooking and cleaning
16
supplies, equipment and any other fees or expenses required to provide the services
specified in the Request for Bid proposal. Contractor shall submit separate price
proposals for each year of the Agreement. Contractor is requested to submit price
estimates for option years 4 and 5.
22.3. Contractor shall submit monthly invoices. Invoice detail shall show total number of
meals provided categorized by inmate meals, alternative meals, bagged meals and staff
meals. Meal counts must be recorded daily which will support the monthly invoice.
Special event refreshment totals shall be shown on a separate line. Damaged,
incomplete or excess meals or product shall not be charged to the County.
22.4. The County is not responsible for the onsite inventory of the Contractor and shall be
billed only for meals consumed.
ADDENDUM #1
TO INVITATION TO BID FOR THE PROVISION OF A COMPREHENSIVE FOOD
SERVICE OPERATION AT THE CUMBERLAND COUNTY PRISON
This ADDENDUM #1 TO INVITATION TO BID FOR THE PROVISION OF A
COMPREHENSIVE FOOD SERVICE OPERATION AT THE CUMBERLAND COUNTY
PRISON consists of two pages (together with Appendices "A," "B" and "C") and is issued by the
Board of Commissioners of Cumberland County, Pennsylvania this 1st day of July, 2011.
1. BINDING AUTHORITY. Section 2.1.1 of the Invitation to Bid is hereby amended to
state as follows:
2.1.1. All vendors are bound by the deadline and location requirements of the Invitation
to Bid as amended by this Addendum.
2. TIME AND PLACE FOR SUBMISSION OF BID: Section 2.1.14 of the Invitation to
Bid is hereby amended to state as follows:
2.1.14. Bids must be received in the Office of the County Controller, Second Floor,
Cumberland County Courthouse, Carlisle, PA, on or before the 18th day of July, 2011, at
1:00 p.m. prevailing time. The Notice for Invitation to Bid is hereby amended
accordingly.
3. TIME FOR OPENING OF BIDS: Section 2.1.15 of the Invitation to Bid is hereby
amended to states as follows:
2.1.15. Bids will be opened on the 18th day of July, 2011, at 1:30 p.m. prevailing time, in
Room 2-C, Second Floor, Cumberland County Courthouse, Carlisle, PA. The Notice for
Invitation to Bids is hereby amended accordingly.
4. OBJECTIVES: Section 2.6 of the Invitation to Bid is hereby amended to add the
following:
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If Contractor intends to use a different menu than the one attached to the original Request
for Bids then the initial substituted menu shall be submitted with the food service plan
and is subject to prior approval of the County. In addition to County approval of the
initial menu, all subsequent changes in menus are subject to the prior approval of the
County.
5. COUNTY RESPONSIBILITIES: Section 5.1 of the Invitation to Bid is hereby
amended to state as follows:
5.1. Permit the Contractor access to and use of solely the kitchen area and use of all
food service equipment currently in the Prison for the sole purpose of food services
operations. A list of existing equipment is set forth in Attachment 3. In addition, permit
the Contractor access to the temporary facilities to be provided by County, at County's
sole expense, during the period of construction when use of the permanent prison food
preparation facilities is interrupted (See Part 6, Kitchen Renovation Project, of the
Invitation to Bid). There is attached hereto as Appendix "A," a listing of the minimum
specifications for temporary facilities and equipment which will be provided by County
(as specified in a separate procurement process to be undertaken by County) during the
period of interruption. To the extent the Contractor requires additional facilities or
equipment during the period of interruption; it shall provide the additional facilities or
equipment at its sole expense.
6. KITCHEN RENOVATION PROJECT: Section 6.4 of the Invitation to Bid is hereby
deleted.
7. EQUIPMENT: Section 10.1 of the Invitation to Bid is hereby amended to state:
10.1. The County shall allow the Contractor to utilize existing County-owned equipment
in the Prison kitchen during the term of the contract (sec §§ 5.1 and 5.9 above).
Notwithstanding any provision to the contrary in the Invitation to Bid, the County shall
allow the Contractor to utilize the temporary facilities and equipment listed on Appendix
"A" during the period of interruption and Contractor shall not be required to provide, but
may at its sole option provide at its sole expense, any additional facilities or equipment
during that period.
8. MENUS AND NUTRITIONAL REQUIREMENTS:
Section 14.10 of the Invitation to Bid is hereby amended to add the following:
In addition, any changes to any previously approved menus shall be submitted to the
County and be subject to its prior approval.
Section 14.15 of the Invitation to Bid is hereby amended to add the following:
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The sample menu referenced in this section and attached to the Invitation to Bid as
"Attachment 4"is the default menu and shall be used unless Contractor obtains prior
approval from County for menu revisions, in whole or in part.
9. CONTRACT LENGTH & COMPENSATION: Section 22,2 of the Invitation to Bid
is amended to delete the last sentence, requesting the Contractor to submit price estimates for
option years 4 and 5. As stated in the Bid Documents, the County has the sole option to renew
the contract for years 4 and 5, provided Contractor and County shall mutually agree on pricing.
10. REVISED BID FORM: Bidders are requested to complete and submit the Revised Bid
Form, attached hereto as Appendix "C".
11. QUESTIONS AND RESPONSES: There is attached hereto as Appendix "B" a listing
of questions submitted by bidders and the County's responses.
BOARD OF COMMISSIONERS
During construction, the County will provide, at its sole expense, the following minimum
temporary facilities and equipment:
One Food preparation trailer or enclosed modular unit with:
- Minimum of 100 square feet of unoccupied floor space
- Walk-in refrigerator with shelving with a minimum of 100 cubic feet of storage space
within the refrigerator
- 4 burner minimum electric range
- Tilt skillet
- 40 gallon kettle
- 40 gallon mixer
- 1 double stack steamer
- 2 double stack convection ovens
- Microwave oven
- Steam table, capable of holding 3 (12" x 20") pans to maintain food temperatures at a
minimum of 140 degrees.
- 3-compartment sink with both hot (120 degrees F) & cold running water, mixing faucet
capable to service any sink compartment, available drying area.
- 3- 2' x 8' wall mounted stainless steel preparation tables
- Hot water heater(30 gallon minimum)
- Exhaust hood with fire suppression Ansul system
- Electrical panel box (220/single phase,110v power for appliances)
- Hand washing station(s)
- Electrical outlets
- Propane connection
- Fire extinguisher(s)
- 150 foot cable (to draw power from building or other electrical supply)
- Emergency generator(minimum 15 kw)
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One Dishwashing trailer with:
- Minimum of 80 square feet of unoccupied floor space
- Double rack dishwasher with attached dish table
- Spray arm
- Dryer rack for trays (10 3/4 x 13 3/4 minimum size trays)
- 2- 3' x 8' stainless steel drying tables
- 220 volt electrical hookup
- Propane connection
- Electric & Propane hot water heater
- Gray water outlet
One Stand-alone freezer unit with:
- Insulated compartment with minimum of 900 cubic feet of storage space and
maneuverable access
- Electrical hookup
- Gas/propane connection
One Stand-alone refrigeration unit with:
- Insulated compartment with minimum of 700 cubic feet of storage space with
maneuverable access
- Electrical hookup
- Gas/propane connection
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Cumberland County Food Bid
Questions & Answers
1. Question: Can any storage or refrigeration space be made useable by constructing a barrier
or are those spaces part of the renovation?
Answer: No, those spaces are part of the renovation.
2. Question: Does your facility initiate tier of cafeteria?
Answer: Page 2, Section 1.7 & Page 8, Section 1.7.
3. Question: Does your facility have the equipment in place to transport the food? (Cambros,
carts, hot boxes).
Answer: Yes, with multiple trips (Unit M— 112 beds).
4. Question: Is there sufficient space available on the grounds of your facility of 45' by 60'
that is near sanitary water and electric capabilities?
Answer: N/A. County will provide the necessary temporary facility(s) at its expense.
5. Question: If we provide an onsite serve, we recommend meeting with contractor and
architect to include mobile facilities in the plan to avoid having to pull additional permits.
Answer: We can arrange for any necessary meeting(s).
6. Question: How will deliveries be affected?
Answer: Page 12, Section 6, we have a preliminary plan in place for dry storage, but no
solid plan for refrigeration/freezer space.
7. Question: Will your facility provide inmate labor of 8-10 a shift; and if so what security
measures will you require i.e.; cameras or an Officer assigned to the mobile kitchen. At a
minimum we would require for the staff, safety cameras, phone and radio.
Answer: An Officer will be assigned to a mobile kitchen. Radio &phone communication
will be available.
8. Question: Will the ODR be affected by the renovation project and if so to what degree?
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Answer: Total kitchen shut down includes the Officer's dining room.
9. Question: Is ice provided to the inmates and if so is the ice machine transportable or will
one need to be provided?
Answer: Ice is not provided directly to inmates.
10. Question: (Pg. 2, Sect.1.5) When is the expansion expected to be completed?
Answer: Approximately 720 days or 2 years, kitchen expected to be closed 4-6 months.
11. Question: Please provide the current number of inmates used in the kitchen and their hours
of work.
Answer: 2 shifts of 8-10 kitchen workers. Work hours are 4:30am-12:30pm & 2:30pm-
6pm.
12. Question: (Pg.7, Sect.1.27) Will the County consider mutual 90 day termination language
during the first 3 years of the contract?
Answer: No.
13. Question: Please provide the average weekly population for the last 6 months.
Answer: Approximately 370.
14. Question: (Pg.10, Sect.4.7) Is there site specific orientation that the employees must
attend prior to starting work and if so how long is the program?
Answer: A short orientation specific to prison security & procedures, approximately 8
hours. Employees will be required to attend mandatory trainings.
15. Question: (Pg.11, Sect.5.11) Will the County provide interne service for the contractor?
Answer: Yes.
16. Question: (Pg.13, Sect.7.7) Will the county complete the background checks on the
employees and if so will there be a charge to the contractor? If there is a charge, what is the
amount?
Answer: The prison will perform employee background checks at no charge to the
vendor.
17. Question: (Pg.13, Sect.7.16) Please provide wages of the employees currently working in
the prison's food service and their hours of work.
22
Answer: Kim Mackey, Head Cook $19.38/hr. — primarily 7a-3p shift.
Charminie Leidich, Cook $14.59/hr. —4:OOam-12:OOpm shift.
Duane Goodman, Cook $14.23/hr. —4:OOam-12:OOpm shift.
Ken Ronan, Cook $16.90/hr. — l 0:00am-6:OOpm shift.
Currently using 2 temporary Cooks to replace 1 Cook on Disability & 1
vacancy.
18. Question: Pg.15, Sect.10.5) Please confirm that the only replacements the contractor will
be responsible for are the trays, carts, and drying racks.
Answer: Yes, as well as Page 16, Section 14.7.
19. Question: (Pg.15, Sect.12) Please provide the amount of commodities received in the last
year?
Answer: We cannot factually state the amount.
20. Question: (Pg.18, Sect. 17.2) Please confirm that 150 bag meals are sent out each day
which is 24%of the population. Is this 5 days per week?
Answer: This is only an approximate average during a 7-day work week. Weekday
numbers run higher, weekends run lower.
21. Question: (Pg.19, Sect.19) Is the County looking for the inmate meal and the salad/food
bar to be available to staff?
- Who will be responsible for providing the salad bar and the required
items for service?
- What are the hours that the meal must be available to the staff on the 7-3
& 3-11 shifts?
Answer: Yes.
- Contractor to provide the salad bar and shall be responsible for all items
to service the salad bar.
- Available dining hours 7-3 shift (10:30am-12:30pm) & 3-11 shift (4pm-
6pm).
22. Question: (Pg.19, Sect.19.7) Will the contractor be permitted to bill at a minimum for the
number of staff, medical and booking meals as outlined which is 545 per week?
Answer: No.
23. Question: (Pg.20, Sect.22) Will the County consider year 1 pricing with years 2 and 3
based on the CPI index?
Answer: No.
23
24. Question: (Pg.20, Sect.22.2) County is asking for an estimate for years 4 and 5. Is the
vendor to take this to mean that those prices will be allowed to be adjusted in those out years?
Answer: See Addendum#1.
25. Question: What is the last day to submit questions?
Answer: April 13, 2011.
26. Question: Are current food service employee in the union?
Answer: Yes.
27. Question: Are you requesting the vendor to offer the current employees positions at
their current rates?
Answer: We ask the successful vendor interview current staff. Job offers, salaries,
benefits, etc. should be consistent with company procedure.
28. Question: Per the specifications you currently have a lead cook and 4 employees working
in the food service. Is there a requirement regarding the number of staff the vendor must employ
in the food service?
Answer: Page 9, Section 4.2 & Page 12, Section 7.4.
29. Question: At the pre-bid meeting it was mentioned there would be a staging area within
the jail once construction begins. Please provide the parameter of this area; square footage,
proximity to service delivery, availability and capacity of utilities (water, electricity, sewer).
Answer: During construction, the Contractor will have access to a 10' by 34' room,
consisting of approximately 340 square feet, near the front entrance of the Prison for
staging purposes. The room is equipped electricity and a sink with running water.
30. Question: (Pg.9, Sect.3.7) The specs are asking for a list of grievances and disputes in
the last 3 years. Are you looking for PA accounts specifically?
Answer: Any in the past 3 years.
31. Question: Are we all bidding on the sample menu as our base for the Cost Per Meal
(CPM) Bid?
Answer: See Addendum #1.
32. Question: If this is the case, do we need to include for your review the menu each
company will be proposing with the meal and product content/makeup, as well as the portion
sizes, if awarded the contract?
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Answer: See Addendum #1.
33. Question: Will we be submitting 2 bids? One for the day to day typical correctional
food service program and one for the construction phase food service?
Answer: No.
34. Question: If so, please provide the parameters for the construction phase, i.e. 4 months
for construction, no dry or refrigerated storage to be provided, water and electrical hookups
will be available, a small area for setup will be available in the receiving area for each meal
period, etc. These given parameters may change by the time construction actually begins,
however each company will still be bidding on the same/like criteria for the County to
evaluate "apples to apples."
Answer: See Addendum#1.
35. Question: Please be specific as to who is purchasing the insulated trays and carts for
delivery. If it is the contractor, will they be responsible for replacement?
Answer: Page 15, Section 10.5.
36. Question: Are there any local purveyors that the County would like us to try and work
with? Keeping local business local?
Answer: No.
37. Question: It does appear the salad bar for the ODR is on the blueprint. Thus it appears
that the contractor will only have to provide crocks, ladles, scoops and the appropriate inserts for
the salad bar versus purchasing the entire unit. Is this correct?
Answer: Yes.
38. Question: Is there a "set/established" number we will be using for daily "staff meals?"
This is referring back to the daily average of 72 Canteen came up with.
Answer: No.
39. Question: Please clarify Sections 2, 1.25 and 2, 1.26 concerning the Performance and
Payment Bonds. One or the other, or both?
Answer: Both.
40. Question: Will the County provide a list of the current equipment in the kitchen? And
age of equipment? What tray are you currently using?
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Answer: Page 29, Attachment 3. "Duralux" trays & lids are purchased from Design
Specialties, Inc.
41. Question: (Pg.10, Sect.4.8) What type of recycling programs is the County currently
using?
Answer: Cardboard recycling.
42. Question: (Pg.10, Sect4.12) Do they currently have a grease trap service?
Answer: Yes.
43. Question: (Pg.12, Sect6) Will inmate labor be provided during kitchen renovation project?
Answer: Yes.
44. Question: (Pg.12, Sect7.1) Are the inmates assigned to the kitchen detail currently being
paid? If so, what is the current rate?
Answer: County is responsible for inmate kitchen work pay.
45. Question: (Pg. 16, Sec14.7) When are the orange plastic soup spoons and yellow plastic
cups provided for the inmates? When they enter the facility or at every meal? Do the inmates
keep them or do we collect and wash after every meal period?
Answer: Spoons & cups are provided at each meal, collected & washed.
46. Question: Do you expect the current population to remain consistent during the
renovation?
Answer: Yes, possible increase.
CONTRACTOR'S BID PROPOSAL FOR FOOD SERVICE MANAGEMENT
The scope of services shall include Contractor's Bid Proposal for Food Service Management.
Where there is a conflict between the terms of the Contractor's Bid Proposal for Food Service
Management and any other contract documents, the other contract documents shall control.
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EXHIBIT"B"
COMPENSATION
REVISED BID FOIL!
TO THE CUMBERLAND COUNTY BOARD OF COMMISSIONERS:
I provide the following in response to the bid proposal for a comprehensive food service
operation at the Cumberland County Prison based on the sample menu provided in the Request
to Rid and the following estimated total number of inmate/staff meals per year as specified:
Year 1
Cost Per Meal: $ 1 .239
Year 2
Cost Per Meal: $ 1 ,276
Year 3
Cost Per Meal: $_1-.314
Total 3 Year Per Meal Cost:
I. Name of Bidder ARAMNIARIK Correctional Services,_LL.0
Address 1101 Market Street
PhiladeIphiajPennsylvania 19107
Identify of Bidder(Sole Proprietor,Partnership*,Corporation)Limited I.iability
Company __-
2. Tax 1.1).Number 23-2778485
Telephone Number_ (8001777-7090
3. Signature of Bidder
Attest(If Corporation) .. ____\P—A(1-."
Corporate Seal
*If partnership,all partners and their addresses must be listed_
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EXHIBIT"C"
STANDARD CONTRACT TERMS AND CONDITIONS FOR
FOOD SERVICES AT THE CUMBERLAND COUNTY PRISON
I. TERM OF CONTRACT. The term of the Contract shall commence on the Effective Date, as defined below, and shall end on the
Expiration Date identified in the Contract,subject to the other provisions of the Contract. The Effective Date shall be fixed by the County after
the Contract has been fully executed by the Contractor and by the County and all approvals required by County contracting procedures have been
obtained. The Contract shall not be a legally binding contract until after the Effective Date is affixed and the fully executed Contract has been
sent to the Contractor. The County shall issue a written Notice to Proceed to the Contractor directing the Contractor to start performance on a
date which is on or after the Effective Date.The Contractor shall not start the performance of any work prior to the date set forth in the Notice to
Proceed and the County shall not be liable to pay the Contractor for any service or work performed or expenses incurred before the date set forth
in the Notice to Proceed. No County employee has the authority to verbally direct the commencement of any work under this Contract. The
County reserves the right upon notice to the Contractor to extend the term of the Contract for up to three 3 months following the expiration date
upon the same terms and conditions. This will be utilized to prevent a lapse in Contract coverage and only for the time necessary up to three 3
months to enter into a new contract.
2. INDEPENDENT CONTRACTOR. In performing the services required by the Contract, the Contractor will act as an independent
contractor and not as an employee or agent of the County.
3. COMPLIANCE WITH LAW. The Contractor shall comply with all applicable federal and state laws and regulations and local
ordinances in the performance of the Contract.
4. ENVIRONMENTAL PROVISIONS. In the performance of the Contract,the Contractor shall minimize pollution and shall strictly comply
with all applicable environmental laws and regulations.
5. COMPENSATION/EXPENSES. The Contractor shall be required to perform the specified services at the price(s)quoted in the Contract.
All services shall be performed within the time period(s) specified in the Contract. The Contractor shall be compensated only for work
performed to the satisfaction of the County. The Contractor shall not be allowed or paid travel or per diem expenses except as specifically set
forth in the Contract.
6. INVOtcES. The Contractor shall send an invoice itemized by line item to the address referenced in the Contract promptly after
services are satisfactorily completed. The time for invoicing shall be governed by the Contract. The invoice should include only amounts due
under the Contract. The County shall have the right to require the Contractor to submit a Work-In-Progress sheet that contains at a minimum the
number of meals served.
7. PAYMENT. The County shall put forth reasonable efforts to make payment by the required payment date. The required payment date
is the date on which payment is due under the terms of the Contract. If a date on which payment is due is not specified in the Contract,the
County shall make payment within 30 days of its receipt of a proper invoice. If the date for payment in an invoice is later than the date specified
in the contract,the date in the invoice shall control. Payment should not be construed by the Contractor as acceptance of the service performed
by the Contractor. The County reserves the right to conduct further testing and inspection after payment, but within a reasonable time after
performance, and to reject the service if such post-payment testing or inspection discloses any defect or a failure to meet specifications. The
Contractor agrees that the County may set off the amount of any other obligation of the Contractor or its subsidiaries to the County against any
payments due the Contractor under any contract with the County.
8. TAXES. The County is exempt from all excise taxes imposed by the Internal Revenue Service. The County is also exempt from
Pennsylvania state sales tax.
9. WARRANTY. The Contractor warrants that all food provided and services performed by the Contractor,its agents and subcontractors,
shall be free and clear of any defects. The Contractor shall correct any problem with the service.
10. OWNERSHIP RIGHTS. The County shall have unrestricted authority to reproduce, distribute and use any submitted Report,data or
material,and any software or modifications and any associated documentation that is designed or developed and delivered to the County as part
of the performance of the Contract.
11. HOLD HARMLESS PROVISION. The Contractor shall hold the County harmless from and indemnify the County against any and all
claims,demands and actions based upon or arising out of any activities performed by the Contractor and its employees and agents under this
Contract and shall,at the request of the County,defend any and all actions brought against the County based upon any such claims or demands.
Contractor's duty to indemnify and hold harmless shall extend to and include the County's attorneys fees and costs in any proceeding brought by
County to enforce the provisions of this Paragraph.
12. AUDIT PROVISIONS. The County shall have the right,at reasonable times and at a site designated by the County,to audit the books,
documents and records of the Contractor to the extent that the books,documents and records relate to costs or pricing data for the Contract. The
Contractor agrees to maintain records which will support the prices charged and costs incurred for the Contract. The Contractor shall preserve
28
books,documents and records that relate to costs or pricing data for the Contract for a period of three(3)years from the date of final payment.
The Contractor shall give full and free access to all records to the County and or their authorized representatives.
13. DEFAULT.
A. The County may, in addition to its other rights under the Contract,declare the Contractor in default by written notice thereof to the
Contractor,and terminate(as provided in Paragraph 15,Termination Provisions)the whole or any part of this Contract for any of the following
reasons:
(I) Failure to begin services within the time specified in the Contract or as otherwise specified;
(2) Failure to perform the services with sufficient labor equipment or material to insure the completion of the specified services in
accordance with the Contract terms;
(3) Unsatisfactory performance of the services;
(4) Failure or refusal to remove and replace foodstuffs rejected as defective or unsatisfactory;
(5) Discontinuance of services without approval;
(6) Failure to resume services which has been discontinued within a reasonable time after notice to do so;
(7) Insolvency or bankruptcy;
(8) Assignment made for the benefit of creditors;
(9) Failure or refusal within 10 days after written notice by the County to make payment or show cause why payment should not be made,
of any amounts due for products furnished,labor supplied or performed,for equipment rentals,or for utility services rendered;
(10) Failure to protect,to repair or to make good any damage or injury to property;or
(II) Breach of any provision of this Contract.
B. In the event that the County terminates this Contract in whole or in part as provided in Subparagraph A above, the County may
procure, upon such terms and in such manner as it determines,services similar or identical to those so terminated and the Contractor shall be
liable to the County for any reasonable excess costs for such similar or identical services included within the terminated part of the Contract.
C. If the Contract is terminated as provided in Subparagraph A above, the County, in addition to any other rights provided in this
paragraph, may require the Contractor to transfer title and deliver immediately to the County, in the manner and to the extent directed by the
County,such partially completed services. Except as provided below,payment for completed services accepted by the County shall be at the
Contract price. Except as provided below, payment for partially completed services including,where applicable, reports and working papers,
delivered to and accepted by the County shall be in an amount agreed upon by the Contractor and the County. The County may withhold from
amounts otherwise due the Contractor for such completed or partially completed services,such sum as the County determines to be necessary to
protect the County against loss.
D. The rights and remedies of the County provided in this paragraph shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Contract.
E. The County's failure to exercise any rights or remedies provided in this paragraph shall not be construed to be a waiver by
the County of its rights and remedies in regard to the event of default or any succeeding event of default.
14. FORCE MAJEURE. Contractor shall not be excused from performance of services if its performance of any obligation under this
Contract is prevented or delayed by causes beyond its control. Causes beyond a party's control may include,but are not limited to,acts of God or
war,changes in controlling law,regulations,orders or the requirements of any govemmental entity,severe weather conditions,civil disorders,
natural disasters,fire,epidemics and quarantines,general strikes throughout the trade and freight embargoes.
15. TERMINATION PROVISIONS. The County has the right to terminate this Contract for any of the following reasons. Termination shall
be effective upon written notice to the Contractor.
' A. Termination for Convenience. The County shall have the right to terminate the Contract for its convenience and without any cause,
at any time if the County determines termination to be in its best interest. The Contractor shall be paid for work satisfactorily completed prior to
the effective date of the termination,but in no event shall the Contractor be entitled to recover loss of profits.
B. Non-Appropriation. The County's obligation to make payments during any County fiscal year succeeding the current fiscal year
shall be subject to availability and appropriation of funds. When funds(county,state and/or federal)are not appropriated or otherwise made
available to support continuation of performance in a subsequent fiscal year period,the County shall have the right to terminate the Contract. The
contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the products or
services delivered under this Contract. Such reimbursement shall not include loss of profit,loss of use of money,or administrative or overhead
costs. The reimbursement amount may be paid for any appropriations available for that purpose.
C. Termination for Cause. The County shall have the right to terminate the Contract for Contractor default under Paragraph 13,
Default,upon written notice to Contractor. The County shall also have the right,upon written notice to the Contractor,to terminate the Contract
for other cause as specified in this Contract or by law. If it is later determined that the County erred in terminating the Contract for cause,then,at
the County's discretion,the Contract shall be deemed to have been terminated for convenience under Subparagraph 15A.
16. CONTRACT CONTROVERSIES.
A. In the event of a controversy or claim arising from the Contract,the Contractor must, within six months after the cause of action
accrues, file a written claim with the County for a determination. The claim shall state all grounds upon which the Contractor asserts a
29
controversy exists. If the Contractor fails to file a claim or files an untimely claim,the Contractor is deemed to have waived its right to assert a
cl aim in any forum. Contractor shall be required to continue performing services unless excused by the County.
B. The County shall review timely filed claims and issue a final determination in writing regarding the claim. The final determination
shall be issued within 120 days of the receipt of the claim,unless extended by consent of the County and the Contractor. The County shall send
its written determination to the Contractor. If the County fails to issue a final determination within the 120-day period (unless extended by
consent of the parties),the claim shall be deemed denied. The County's determination shall be its final order.
C. Within fifteen 15 days of the mailing date of the determination denying a claim or within 135 days of filing a claim,if no extension is
agreed to by the parties,whichever occurs first,the Contractor may file litigation,restricted to non jury trial, in the Court of Common Pleas of
Cumberland County,which venue and jurisdiction shall be exclusive. No claim shall be filed after this time period has expired. Pending a final
judicial resolution of a controversy or claim,the Contractor shall proceed diligently with the performance of the Contract in a manner consistent
with the determination of the County and the County shall compensate the Contractor pursuant to the terms of the Contract.
17. ASSIGNABILITY AND SUBCONTRACTING.
A. Subject to the terms and conditions of this Paragraph 17,this Contract shall be binding upon the parties and their respective successors
and assigns.
B. The Contractor shall not subcontract with any person or entity to perform all or any part of the services to be performed under this
Contract without the prior written consent of the County,which consent maybe withheld at the sole and absolute discretion of the County.
C. The Contractor may not assign,in whole or in part,this Contract or its rights,duties,obligations or responsibilities hereunder without
the prior written consent of the County,which consent may be withheld at the sole and absolute discretion of the County.
D. Notwithstanding the foregoing,the Contractor may, without the consent of the County, assign its rights to payment to be received
under the Contract, provided that the Contractor provides written notice of such assignment to the County together with a written
acknowledgement from the assignee that any such payments are subject to all of the terms and conditions of this Contract.
E. For the purposes of this Contract,the term assign shall include,but shall not be limited to,the sale,gift,assignment,pledge or other
transfer of any ownership interest in the Contractor provided,however, that the term shall not apply to the sale or other transfer of stock of a
publicly traded company.
F. My assignment consented to by the County shall be evidenced by a written assignment agreement executed by the Contractor and its
assignee in which the assignee agrees to be legally bound by all of the terms and conditions of the Contract and to assume the duties,obligations
and responsibilities being assigned.
G. A change of name by the Contractor following which the Contractor's federal identification number remains unchanged shall not be
considered to be an assignment hereunder. The Contractor shall give the County written notice of any such change of name.
18. NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE. During the term of the Contract,the Contractor agrees as follows:
A. In the hiring of any employees for the manufacture of supplies,performance of work,or any other activity required under
the Contract or any subcontract, the Contractor, subcontractor or any person acting on behalf of the Contractor or
subcontractor shall not by reason of gender, race,creed or color discriminate against any citizen of this Commonwealth
who is qualified and available to perform the work to which the employment relates.
B. Neither the Contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against or
intimidate any employee involved in the manufacture of supplies,the performance of work,or any other activity required
under the Contract on account of gender,race,creed or color.
C. The Contractor and any subcontractors shall establish and maintain a written sexual harassment policy and shall inform their
employees of the policy. The policy must contain a notice that sexual harassment will not be tolerated and employees who practice it will be
disciplined.
D. The Contractor shall not discriminate by reason of gender,race,creed or color against any subcontractor or supplier who is qualified
to perform the work to which the contract relates.
E. The Contractor and each subcontractor shall furnish all necessary employment documents and records to,and permit access to, its
books,records and accounts by the County for purposes of investigation to ascertain compliance with the provisions of this Nondiscrimination
Sexual Harassment Clause, If the Contractor or any subcontractor does not possess documents or records reflecting the necessary information
requested,it shall furnish such information on reporting forms supplied by the County.
F. The Contractor shall include the provisions of this Nondiscrimination Sexual Harassment Clause in every subcontract so that such
provisions will be binding upon each subcontractor.
G. The County may cancel or terminate the Contract and all money due or to become due under the Contract may be forfeited for a
violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition,the County may proceed with debarment
or suspension.
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•
19. CONTRACTOR INTEGRITY PROVISIONS.
A. For purposes of this Paragraph only,the words`confidential information,""consent,""contractor,""financial interest"and"gratuity"
shall have the following definitions.
(1) Confidential information means information that is not public knowledge or available to the public on request,disclosure of which
would give an unfair unethical or illegal advantage to another desiring to contract with the County.
(2) Consent means written permission signed by a duly authorized officer or employee of the County, provided that where the material
facts have been disclosed.in writing by prequalification,bid, proposal or contractual terms,the County shall be deemed to have consented by
virtue of execution of this agreement.
(3) Contractor means the individual or entity that has entered into the Contract with the County, including directors,officers,partners,
managers,key employees and owners of more than a five percent interest.
(4) Financial interest means
(a) Ownership of more than a five percent interest in any business or
(b) Holding a position as an officer,director,trustee,partner,employee,or the like or holding any position of management.
(5) Gratuity means any payment of more than nominal monetary value in the form of cash,travel,entertainment,gifts,meals, lodging,
loans,subscriptions,advances,deposits of money,services,employment or contracts of any kind.
B. The Contractor shall maintain the highest standards of integrity in the performance of the Contract and shall take no action in violation
of local,state or federal laws,regulations or other requirements that govern contracting with the County.
C. The Contractor shall not disclose to others any confidential information gained by virtue of the Contract.
D. The Contractor shall not,in connection with this or any other agreement with the County,directly or indirectly,offer,confer or agree
to confer any pecuniary benefit on anyone as consideration for the decision, opinion, recommendation, vote, other exercise of discretion or
violation of a known legal duty by any officer or employee of the County.
E. The Contractor shall not,in connection with this or any other agreement with the County,directly or indirectly offer,give,or agree or
promise to give to anyone any gratuity for the benefit of,or at the direction or request of,any officer or employee of the County.
F. Except with the consent of the County,neither the Contractor nor anyone in privity with him or her shall accept,or agree to accept
from,or give,or agree to give to,any person,any gratuity from any person in connection with the performance of work under the Contract except
as provided therein.
G. Except with the consent of the County, the Contractor shall not have a financial interest in any other contractor, subcontractor or
supplier providing services,labor or material on this project.
H. The Contractor,upon being informed that any violation of these provisions has occurred or may occur,shall immediately notify the
County in writing.
i. The Contractor acknowledges the following County Gift Policy. No County employee or official, any member of his immediate
family or any business in which he has a principal interest,shall accept any gift,gratuity or favor from any source doing or seeking to do business
with the County or attempting to influence the judgment of such employee or official. Except as otherwise prohibited by law,the foregoing shall
not prohibit any office or department from accepting any gift,gratuity or favor of a fair market value(regardless of cost to the donor)of one
hundred($100.00)dollars or less,provided the gift,gratuity or favor shall be physically retained in the office or department and made available
for the use or enjoyment of all employees of the office or department,and provided further, only one such gift from the same donor may be
accepted annually. Any offer to an office or department of a gift,gratuity or favor of a fair market value in excess of one hundred($100.00)
dollars shall be referred to the Board of Commissioners which shall determine at a public meeting whether to accept or reject such gift,gratuity or
favor on behalf of the County.
J. The Contractor,by execution of the Contract and by the submission of any bills or invoices for payment pursuant thereto,certifies and
represents that he or she has not violated any of these provisions.
K. For violation of any of the above provisions,the County may terminate this and any other agreement with the Contractor,
claim liquidated damages in an amount equal to the value of anything received in breach of these provisions, claim
damages for all expenses incurred in obtaining another Contractor to complete performance hereunder and debar and
suspend the Contractor from doing business with the County. These rights and remedies are cumulative,and the use or
nonuse of any one shall not preclude the use of all or any other. These rights and remedies are in addition to those the
County may have under law,statute,regulation or otherwise.
20. CONTRACTOR RESPONSIBILITY PROVISIONS. The Contractor certifies,for itself and all its subcontractors,that as of the date of its
execution of the Contract,that neither the Contractor nor any subcontractors nor any suppliers are under suspension or debarment by the County
or any governmental entity,instrumentality or authority and,if the Contractor cannot so certify,then it agrees to submit a written explanation of
why such certification cannot be made. The Contractor's obligations pursuant to these provisions are ongoing from and after the effective date of
31
the Contract through the termination date thereof. Accordingly, the Contractor shall have an obligation to inform the County if, at any time
during the term of the Contract,it or any of its subcontractors are suspended or debarred by the County,the state or federal governments,or any
other state or governmental entity. Such notification shall be made within 15 days of the date of suspension or debarment. The failure of the
Contractor to notify the County of its suspension or debarment by the County,the state,any other state or the federal government shall constitute
an event of default of the Contract with the County.
21. AMERICANS wiTH DISABILITIES ACT. Pursuant to federal regulations promulgated under the authority of The Americans With
Disabilities Act,28 C.F.R. §35.101,et seq.,the Contractor understands and agrees that it shall not cause any individual with a disability to be
excluded from participation in this Contract,or from activities provided for under this Contract,on the basis of the disability. As a condition of
accepting this contract,the Contractor agrees to comply with the General Prohibitions Against Discrimination,28 C.F.R.§35.130,and all other
regulations promulgated under Title II of The Americans With Disabilities Act, which are applicable to all benefits, services, programs and
activities provided by the County through contracts with outside contractors. The Contractor shall be responsible for and agrees to indemnify
and hold harmless the County from all losses,damages,expenses,claims,demands,suits and actions brought by any party against the County as
a result of the Contractor's failure to comply with the provisions of this Paragraph.
22. HAZARDOUS SUBSTANCES. The Contractor shall provide information to the County about the identity and hazards of hazardous
substances supplied or used by the Contractor in the performance of the Contract. The Contractor must comply with Act 159 of October 5, 1984,
known as the"Worker and Community Right to Know Act"(the"Act")and the regulations promulgated pursuant thereto at 4 Pa.Code Section
301.1 et seq.
A. Labeling. The Contractor shall insure that each individual product(as well as the carton,container or package in which the product is
shipped)of any of the following substances(as defined by the Act and the regulations)supplied by the Contractor is clearly labeled,tagged or
marked with the information listed in clauses(1)through(4):
(1) Hazardous substances:
(a)The chemical name or common name,
(b) A hazard warning,and
(c) The name,address and telephone number of the manufacturer.
(2) Hazardous mixtures:
(a) The common name,but if none exists,then the trade name,
(b) The chemical or common name of special hazardous substances comprising.01%or more of the mixture,
(c) The chemical or common name of hazardous substances consisting 1.0%or more of the mixture,
(d) A hazard warning,and
(e) The name,address and telephone number of the manufacturer.
(3) Single chemicals:
(a) The chemical name or the common name,
(b) A hazard warning,if appropriate,and
(c) The name,address and telephone number of the manufacturer.
(4) Chemical Mixtures:
(a) The common name,but if none exists,then the trade name,
(b) A hazard warning,if appropriate,
(c) The name,address and telephone number of the manufacturer,and
(d) The chemical name or common name of either the top five substances by volume or those substances consisting of 5.0%or more of the
mixture.
A common name or trade name may be used only if the name more easily or readily identifies the true nature of the hazardous
substance,hazardous mixture,single chemical or mixture involved.
Container labels shall provide a warning to the specific nature of the hazard arising from the substance in the container.
The hazard warning shall be given in conformity with one of the nationally recognized and accepted systems of providing warnings,
and hazard warnings shall be consistent with one or more of the recognized systems throughout the workplace. Examples are:
32
(1) NFPA 704,identification of the Fire Hazards of Materials.
(2) National Paint and Coatings Association Hazardous Materials Identification System.
(3) American Society for Testing and Materials Safety Alert Pictorial Chart.
(4) American National Standard Institute,Inc.,for the Precautionary Labeling of Hazardous Industrial Chemicals.
Labels must be legible and prominently affixed to and displayed on the product and the carton,container or package so that employees can easily
identify the substance or mixture present therein.
C. Material Safety Data Sheet. The contractor shall provide Material Safety Data Sheets (MSDS) with the information
required by the Act and the regulations for each hazardous substance or hazardous mixture. The County must be provided
an appropriate MSDS with the initial shipment and with the first shipment after an MSDS is updated or product changed.
For any other chemical, the contractor shall provide m appropriate MSDS, if the manufacturer, importer or supplier
produces or possesses the MSDS. The contractor shall also notify the County when a substance or mixture is subject to the
provisions of the Act. Material Safety Data Sheets may be attached to the carton, container or package mailed to the
County at the time of shipment.
23. APPLICABLE LAW. This Contract shall be governed by and interpreted and enforced in accordance with the laws of the
Commonwealth of Pennsylvania(without regard to any conflict of laws provisions)and the decisions of the Pennsylvania courts. The Contractor
consents to the sole and exclusive jurisdiction of the Court of Common Pleas of Cumberland County and any Pennsylvania state appellate court,
waiving any claim or defense that such forum is not convenient or proper. The Contractor agrees that any such court shall have in personam
jurisdiction over it,and consents to service of process in any manner authorized by Pennsylvania law.
24. INTEGRATION. The Contract, including all referenced documents, constitutes the entire agreement between the parties. No agent
representative, employee or officer of either the County or the Contractor has authority to make, or has made, any statement, agreement or
representation,oral or written,in connection with the Contract,which in any way can be deemed to modify,add to or detract from,or otherwise
change or alter its terms and conditions. No negotiations between the parties,nor any custom or usage,shall be permitted to modify or contradict
any of the terms and conditions of the Contract. No modifications,alterations,changes or waiver to the Contract or any of its terms shall be valid
or binding unless accomplished by a written amendment signed by both parties.
25. CHANCE ORDERS. The County reserves the right to issue change orders at any time during the term of the Contract or any renewals
or extensions thereof: (1)to increase or decrease the quantities resulting from variations between any estimated quantities in the Contract and
actual quantities;(2)to make changes to the services within the scope of the Contract;(3)to notify the Contractor that the County is exercising
any Contract renewal or extension option;or(4)to modify the time of performance that does not alter the scope of the Contract to extend the
completion date beyond the Expiration Date of the Contract or any renewals or extensions thereof. Any such change order shall be in writing
signed by the County. The change order shall be effective as of the date appearing on the change order unless the change order specifies a later
effective date. Such increases, decreases, changes or modifications will not invalidate the Contract, nor, if performance security is being
furnished in conjunction with the Contract,release the security obligation. The Contractor agrees to provide the service in accordance with the
change order. Any dispute by the Contractor in regard to the performance required under any change order shall be handled through Paragraph
16,Contract Controversies.
For purposes of this Contract, "change order" is defined as a written order signed by the County directing the Contractor to make changes
authorized under this clause.
26. INSURANCE REQUIREMENTS. During the term of the Contract and unless otherwise provided in the Contract,Contractor shall
provide and maintain with an insurance company licensed to do business in the State of Pennsylvania,general comprehensive liability insurance
and motor vehicle insurance sufficient to satisfy any and all claims arising under this contract. Such coverage shall be no less than$1,000,000
per occurrence and$3,000,000 aggregate and Workers'Compensation insurance as required by law,for any injury or damage arising out of the
provisions of service pursuant to the terms of this agreement. The Contractor shall accept MI responsibility for the payment of premiums for
Worker'Compensation and Social Security as well as income tax deductions and any other taxes or payroll deductions required by law for
employees who are performing services specified by this agreement. Contractor shall immediately provide notice to the County of cancellation
of insurance.
27. RIGHT-TO-KNOW LAW. The Pennsylvania Right-to-Know Law,65 P.S.§67.101,et seq.,applies to this Contract. In the event the
County receives a right-to-know request related to this Contract and the requested document(s)is/are in the Provider's possession,the County
will notify the Provider that it requires the Provider's assistance in providing the document(s)or otherwise responding to the request. Within
fourteen(14)calendar days after notice from the County,the Provider shall provide the County access to,and copies of,any document or
information in the Provider's possession which properly respond to the request("Requested Information")and provide such other assistance as
the County may request in order to comply with the RTKL. If the Provider fails to provide the Requested Information within fourteen(14)
calendar days after receipt of such notice,the Provider shall indemnify and hold the County harmless for any damages,penalties,detriment or
harm that the County may incur as a result of the Provider's failure,including any statutory damages assessed against the County.
The County's determination as to whether the Requested Information is a public record is dispositive of the question as between the
parties.Provider agrees not to challenge the County's decision to deem the Requested Information a Public Record.If the Provider considers the
Requested Information to include a request for a Trade Secret or Confidential Proprietary Information,as those terms are defined by the RTKL,
the Provider will immediately notify the County,and will provide,within seven calendar days of receiving the notice,a written statement signed
by a representative of the Provider explaining why the requested material is exempt from public disclosure under the RTKL.If,upon review of
33
the Provider's written statement,the County still decides to provide the Requested Information,Provider will not challenge or in any way hold
the County liable for such a decision.
The County will reimburse the Provider for any costs associated with complying with this provision only to the extent allowed under
the County's fee schedule and as authorized by law.
Provider agrees to abide by any decision to release a record to the public made by the Office of Open Records,or by the Pennsylvania
Courts. The Provider agrees to waive all rights or remedies that may be available to it as a result of the County's disclosure of Requested
Information pursuant to the RTKL. Provider's duties relating to the RTKL are continuing duties that survive the expiration of this Contract and
shall continue as long as the Provider has Requested Information in its possession.
34
PAUL WALTERS, JERON WEAVER,
and JASON SEAUX VIP,b11 J Geripti,
, � '� .
1 4
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v. Count?of€untbertanb
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
ARAMARK CORRECTIONAL
SERVICES, LLC 2014-3163 CIVIL TERM
IN RE: PETITION TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 30th day of May 2014, upon consideration of Plaintiffs' Petition to
Proceed In Forma Pauperis, and it appearing that the Plaintiffs have failed to comply
with the requirements under Pennsylvania Rule of Civil Procedure 240(c) which requires
the party to file a petition and an affidavit in the form prescribed by Pa.R.C.P. 240(h),
the Petition is DENIED at this time WITHOUT PREJUDICE to the Plaintiffs' right to
submit a new Petition after correcting the patent defects.
HE COURT,
Thoma . Placey C.P.J.
Distribution List:
VPaul Walters Mai 1ecJ `'
(pi-- s _
�/Jeron Weaver IL's
�'a-ll� -< ' N
Jason Seaux _
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V.
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SERVICES, LLC
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OF THE NINTH JUDICIAL DISTRICT
2014-3163 CIVIL TERM
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SERVICES, LLC
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2014-3163 CIVIL TERM
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V.
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SERVICES, LLC
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OF THE NINTH JUDICIAL DISTRICT
2014-3163 CIVIL TERM
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GROSS NET
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44,3
PRISON.
ALLOTMENT
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23%
ROOM &
BOARD
WORK RELEASE RECEIPT
CUMBERLAND COUNTY PRISON
1101 CLAREMONT ROAD
CARLISLE, PA 17013
ORK RELEASE OOKKEEPER SIGNATURE
KEEP THIS RECEIPT FOR YOUR RECORDS
ESCROW
R&B
R & B (D.D.)
DUE PAID
COURT
COSTS
FINES
REMARKS
9 00
RESTI-
TUTION
SUP. ORD.
VOL. SUP,
OTHER
TOTAL
ESCROW
PAID
ESCROW
ROOM 8. BOARD
PAID
'117
RECEIPT
NUMBER
COUNTY WIDE STAFFING LIC
Period:5/12/2014 to 5/18/201. Seaux, Jason Wymen
CUR—.Hours--YTD CUR---Pay--YTD
Regular 40.00 40.00 370.00
Overtime 6.25 6.25 86.75
Doubletime 0.00 0.00 0.00
Total Hourly 46.25 4625 456.75
Other Pay* 0.00
Gross Pay 456.75
Other Adds and Deds (199.52 1
Total Taxes
Net Pay
370.00
86.75
0.00
456.75
0.00
456.75
Tax Analysis,
Federal
State
Social Security
Medicare
Local Tax ($6.62) ($6.62)
66.54 (66.54)
SEA834 )OO( -XX -6834 Single 4
Other Pay, Additions and Deductions Analysis
CUR YT»
CURYTD
Garnishments
23608
5/23/2014
PA Unemployment
Current YTD Garnishment fee
10.96 (10.96)
14.02 (14.02)
28.32 (28.32)
6.62 (6.62)
Total Taxes
OPT Tax
(1.00) (1.00
(0.32) (0.32)
Total Adds and Deds (199.52) (199.52)
Quetta):
Rk
Lt68b
S)ijlbW38
05)
PAUL WALTERS, JERON WEAVER,
and JASON SEAUX
v.
ARAMARK CORRECTIONAL
SERVICES, LLC
tountp of eumber(anb
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2014-3163 CIVIL TERM
IN RE: PETITION TO PROCEED IN FORMA PAUPERIS
er ORDER OF COURT
AND NOW, this ` V day of June 2014, upon consideration of Plaintiffs' Petition
to Proceed In Forma Pauperis and a review of Plaintiff's Complaint, and it appearing
that the Plaintiffs are not a party to the underlying contract upon which they base their
cause of action, the action is hereby DISMISSED as frivolous pursuant to Pennsylvania
Rule of Civil Procedure 240(c) which requires the party to file a petition and an affidavit
in the form prescribed by Pa.R.C.P. 240(j)(1). This Court is satisfied that the action
Tacks an arguable basis in law and in fact. See Neitzke v. Williams, 490 U.S. 319, 325
(1989).
Distribution List:
1 Paul Walters
f Jeron Weaver
/Jason Seaux
Thom 's . Placey C.P.J.
m
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