STATEMENT OF WORK Flywright Club annex.pdf

STATEMENT OF WORK

Appendix A

Food and Beverage Establishment

ARTICLE I

That the NAFI shall:

1. Grant the CONCESSIONAIRE a concession to provide a Food and Beverage Establishment within Building 189, Area B, known as the Flywright Annex of the Wright-Patterson Club.

2. Furnish sufficient quantities of space, heating, air conditioning, plumbing, gas and electricity to satisfy the normal needs of the CONCESSIONAIRE. Contractor shall contact the General Manager of the Wright-Patt Club for any outages or maintenance needs. Local phone service will be provided at no charge with the phone number to be provided to the Contractor upon award. The General Manager shall be provided with pertinent information on any Contractor equipment to be installed before it is installed. (SEE APPENDIX B, GOVERNMENT FURNISHED PROPERTY for details).

3. Meet monthly with the CONCESSIONAIRE to discuss customer satisfaction.

4. Require that the CONCESSIONAIRE manage the operating in the same manner of a facility of similar size. Provide a professional product at a reasonable cost to WPAFB customers.

5. Periodically provide publicity through the Services newsletter on a monthly basis.

ARTICLE II

The CONCESSIONAIRE shall:

1. Maintain a current and valid food handler’s permit from Wright-Patterson Medical Center and the State of Ohio and shall comply with all safety, Hazmat and Voluntary Protection Program (VPP) rules for the base. VPP is a partnership between the Air Force and the Occupational Safety and Health Administration to promote effective safety and health programs. Specific VPP training will be provided after award of the contract.

2. Be ServSafe Certified and the staff must have the ServSafe starter training. The ServSafe starter training can be obtained through the General Manager or the Food & Beverage Specialist for the Force Support Sustainment Flight. Public Health must be contacted for inspection prior to the initial opening of facility. Contractor must comply with Public Health standards and attain satisfactory ratings from sanitation inspections. More than three unsatisfactory ratings could be reason to void contract. In addition, Contractor must maintain concession in accordance with the most recent edition of the Department of Health and Human Services, Food and Drug Administration (FDA) Food Code, ensuring proper food and sanitation techniques are observed.

3. Pay a sum of $2000 monthly plus a percentage of sales above $15,000 per month. The percentage is based on that which was agreed upon in the contract. The monthly payment will be due upon the first (1st) day of each month. Payment can be mailed or delivered to Wright-Patt Club, Bldg

800 area C, 4771 Lahm Circle, Wright Patterson AFB, OH 45433, from here on referred to as the NAFI.

Grace period for payment is 10 days after which a 5% late charge will be assessed.

4. Operate said Food and Beverage Establishment providing own supplies. Supplies and equipment must be of quality satisfactory to the General Manager or duly authorized agent. All supplies, resale and otherwise are the sole responsibility of the contractor.

5. Operation of said Food and Beverage Establishment must be in a professional and businesslike manner. The General Manager, Wright-Patt Club, will be the owner/responsible person for the contract. However, the Contractor will be responsible for management controls, disputes and patron complaints. If a dispute cannot be resolved at the operator’s level, it can be elevated to the

General Manager. Disputes between the Contractor and General Manager will be resolved by the Base

Contracting Officer.

6. Keep Food and Beverage Establishment open during such hours as the General Manager designates with proper staffing levels maintained at all times to insure customer satisfaction and coverage. Suggested operation hours are:

Breakfast: Monday-Friday, 7:00 a.m. to 9:30 a.m.

Lunch: Monday – Friday, 10:30 a.m. to 2:00 p.m.

With the exception of Government Holidays, which are:

New Year’s Day; Martin Luther King, Jr. Day; Washington’s Birthday; Memorial Day;

Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; and Christmas

Day

Suggested menu items are(SEE APPENDIX C, Prices):

Breakfast: As a minimum, pastries, breakfast sandwiches, breakfast burritos, juices

Lunch: Burritos, burrito bowl, gourmet salads and soups, hot and cold sandwiches, pizza and snack, possibly Asian or Mexican.

Beverages: Gourmet coffees, cappuccino, espresso, juices, soda, tea, etc. (no alcoholic beverages)

Snacks/Novelties: Ice cream, chips, candy, gum, and other snack items as deemed appropriate.

7. Post in the Food & Beverage Establishment the price list established by the General Manager and CONCESSIONAIRE based on prices in the local market, and adhere to such prices. Prices must be independent of Wright-Patt Club. If the price list changes during the contract, a revised price list will be incorporated by modification and approved by the General Manager and furnished to the

CONCESSIONAIRE for posting. The prices shall go into effect on the posting date as directed by the modification and shall not be made retroactive. Signage, menu boards and marketing is the sole responsibility of the CONCESSIONAIRE.

8. Assume sole responsibility of all charges and refunds for services and products. The facility furnished for services is available to all authorized personnel, Military, Civilian and Contractors.

9. At the CONCESSIONAIRE’s expense, obtain all permits, give all necessary notices, pay all license fees, and comply with all municipal and national laws, rules, ordinance, and regulations, and any regulations promulgated by the military relating to public health. The CONCESSIONAIRE assumes complete and sole liability for all national, state and local taxes applicable to the property, income and transportation of the concession.

10. Comply with all applicable laws pertaining to wages, workers’ compensation, equal opportunity, the Service Contract Act, etc., as implemented by the Air Force directive and requirement by law.

11. Comply with memoranda, bulletins, and letters of instructions issued by or on behalf of the

General Manager or duly authorized representative.

12. Keep the Food & Beverage Establishment clean, orderly and attractive. Sweep and mop floors daily, maintain a safe and sanitary condition to the satisfaction of the General Manager and

Military Public Health officials. The CONCESSIONAIRE shall be responsible for the security of the facility and make no alteration in the facilities without prior authority from the General Manager.

13. Shall only employ properly trained personnel who hold a valid and current food handlers permit from Military Public Health Office and/or local health agencies.

14. Remove from employment, upon request of the General Manager, any employee of the

CONCESSIONAIRE who in the opinion of the General Manager fails to meet the standards of conduct established for the military installation.

15. Indemnify, safe harmless, and defend the NAFI from and against any and all claims, demands, actions, debts, liabilities, and attorney fees arising out of, or in a manner predicated upon or damage to property of and the injuries to or death of any or all persons whatsoever, in any manner caused or contributed to by CONCESSIONAIRE, his agents, servants or employees while in, or about the military installation wherein the concession is located, or while going to or departing from the same. To indemnify and save the NAFI from account of acts of negligence or fraud of agents, servants or employees in or about said military installation. The CONCESSIONAIRE is responsible for maintaining current liability and workman’s compensatory insurance for all employees associated with the contract while operating within the NAFI activity. Proof of comprehensive liability insurance, recommended minimum coverage of $1,000,000.00, shall be provided by the CONCESSIONAIRE with the proposal and kept on file for the duration of the contract.

16. Insure all non-government property and merchandise used by the CONCESSIONAIRE in the operation of the Food and Beverage Establishment against theft, fire, storm, flood damage or destruction through any other force of nature or in lieu thereof relieve the NAFI from theft, loss damage or destruction.

17. At the termination of this contract, yield up this contract and yield up the premises furnished the CONCESSIONAIRE by the NAFI in as good order and condition as when the CONCESSIONAIRE commenced operations therein, with the exception of ordinary wear.

THE CONESSIONAIRE SHALL NOT:

1. Represent or permit himself or herself to the public as an agent or employee of the NAFI by the use of the name of the NAFI on letters, bills, sign, or by any other means. The CONCESSIONAIRE, his servants, agents, and employees are in no sense agents to the United States, the NAFI, the commander of the installation within which the concession exists, or any other entity having to do with operation.

2. Sell or remove any property that is owned by the NAFI or any other part of the Federal

Government and is used in the operation.

3. Sublet any of the premises assigned to him or her or assign to another concession or the conduct of any part thereof.

4. Engage in or permit gambling or any gambling device on the concession premises.

5. Sell, deal in, or otherwise possess or transfer, on the concession premises, any intoxicating liquors or narcotics.

6. Loan money to or borrow money from customer, federal (including NAFI) employees, or military personnel.

7. Sell merchandise or service for anything other than US government currency.

8. Give or offer to any officer or employee, the General Manager or the NAFI, or any other part of the federal government, any gift, privilege, special benefit, discount, or any matter of material or personal nature whereby said individual or employee would receive preferential treatment.

9. Use the premises and facilities prescribed herein for any purpose other than those specifically set forth therein; or allow any such unauthorized use by any of its agents, representative or employees.

ARTICLE III

1. The CONCESSIONAIRE shall be responsible for paying all operating expenses not expressly undertaken by the NAFI in Article I, Paragraph 2: Operating expenses are to include all supplies, equipment, and labor not expressed elsewhere in this contract necessary to operate the Food and

Beverage Establishment.

2. Air Force Audit General Personnel, or any person designated by the installation Commander, shall have right to inspect or audit the account and methods of internal controls established by the

CONCESSIONAIRE. And to make such inspections or audits as may be considered necessary to ensure strict compliance by the CONCESSIONAIRE with all provisions of this contract and with applicable Air

Force regulations.

3. This contract is automatically terminated in the event that the NAFI is dissolved.

4. Upon expiration of the terms in this contract or upon prior revocation or termination as herein provided, the CONCESSIONAIRE shall immediately remove all of its property from the premises.

Upon failure to do so, the NAFI may cause property to be removed at the expense of the

CONCESSIONAIRE, or consider and dispose of the abandoned property.

5. Any money due and payable to the NAFI from the CONCESSIONAIRE on the date of this contract is terminated shall remain due and payable.

6. TAXES:

a. The CONCESSIONAIRE assumes complete and sole liability for all Federal, State, and host County local taxes applicable to the property, income, and transactions of the

CONCESSIONAIRE, and where required by applicable laws and regulations, will collect and remit to the appropriate jurisdiction applicable sales taxes. Sales taxes which have been collected will be excluded from the computation of gross receipts in the determination of the fee payable to the NAFI. The amount of sales taxes so excluded will not exceed the actual sum payable to the state. Where required by the state, or regulation, the CONCESSIONAIRE will obtain and conspicuously display the state sales tax permit.

b. The CONCESSIONAIRE warrants that the amount payable to the NAFI has not been reduced by the amount of any tax or duty from which the CONCESSIONAIRE is exempt.

If any such tax or duty has been included the consideration shall be correspondingly reduced or adjusted. If for any reason after the contract date, the CONCESSIONAIRE is relieved in whole or in part from the payment or the burden of any tax or duty included in the contract consideration, the contract consideration shall be correspondingly reduced or adjusted.

7. PRICES:

a. The CONCESSIONAIRE shall charge for merchandise or service involving only price established in the Price list, Appendix C.

b. Where a state law imposes a sales tax on the sale of the item or service by the

CONCESSIONAIRE to the authorized customer the sales tax will be separate from the selling price, added to the price in the price schedule and collected from the customer.

A price list will be kept conspicuously posted.