ARTICLES - JUICE BAR.doc

RANDF012390071

ARTICLE I:

That the NAFI will:

1. Grant the Concessionaire permission to furnish, install, and maintain the machines required for operation of Nutrition Center.

2. Furnish sufficient quantities of space and utilities (electrical outlets and water) to ensure operation of the machines.

3. Reserve the right to approve or disapprove any machine the Concessionaire may offer.

ARTICLE II:

The Concessionaire must:

1. Provide products or services of a quality satisfactory to the NAFI manager or his or her duly authorized representative.

2. Before beginning performance under this agreement the Concessionaire will submit a listing of items, with corresponding selling prices, to the Contracting Officer for approval or disapproval action. The final approved listing is considered as part of this agreement. Place the price list in a conspicuous spot for patrons to see. Listing is considered as part of this agreement.

3. At Concessionaire’s expense, obtain all permits, give all necessary notices, pay all license Fee(s), and comply with all local, state, and federal laws, rules, ordinances, and regulations, and any publication published by the military relating to public health or applicable to the business carried on under this agreement and assume complete and sole liability for all national, state, and local taxes applicable to the property, income, and transactions of the concession.

a. IAW Air Force Instruction 48-116 all food served to consumers on Randolph Air Force

Base must be purchased only from approved sources in collaboration with Public Health, and must be stored, prepared and served IAW 2001 FDA Food Code, with Air Force specific changes.

b. Concessionaires serving food on Randolph Air Force Base are subject to adhere to the 2001 FDA Food Code, with Air Force specific amendments. Air Force revised editions of the Food Code are available for the Public Health office upon request.

c. All Food Facility Supervisors/Managers or Concessionaires must integrate food safety procedures into all aspects of their operation in accordance with the FDA 2001 Food Code.

d. The regulatory authority (Public Health) may inspect concessionaires at any time prior to or during any given function.

e. Public Health will perform sanitation inspections IAW 48-116 and the 2001 FDA Food Code, and will make appropriate recommendations to facility management when critical discrepancies are observed.

f. Any critical discrepancies noted during an inspection must be immediately corrected, to the function will be delayed until the discrepancy is corrected.

g. Critical discrepancies that cannot be corrected immediately, and which, in the opinion of the Public Health Inspector, pose a threat to Air Force personnel, will constitute sufficient cause to terminate food service operations until the threat has been eliminated.

4. Comply with all applicable laws pertaining to wages, worker’s compensation equal opportunity, Service Contract Act, and so forth, as implemented by Air Force directive and required by law.

5. Comply with all memoranda, bulletins, and letters of instruction issued by or in behalf of the NAFI manager or his or her duty authorized representative.

6. Keep the concession area clean, orderly, attractive, secure, and in a safe and sanitary condition to the satisfaction of the NAFI managers.

7. Employ only persons who meet the health standards prescribed by law or regulations, which pertain to the jobs for which they are hired.

8. Furnish a sufficient number of trained employees for the efficient performance of this Concessionaire contract. Concession personnel must meet the health and security standards prescribed by applicable regulations and must obtain installation passes and permits and security clearances as applicable. Concession personnel must give prompt and courteous treatment to authorized customers. Concession personnel must be neatly dressed and meticulous in their personnel grooming at all times. Concessionaire provides employees clean uniforms or, when uniforms are not required, ensures that all clothing worn by employees is clean and in good condition at all times. A name tag must be worn.

9. Remove from employment in the concession, on the request of the NAFI manager, any servant, agent, or employee of the Concessionaire if, in the opinion of the NAFI manager or his or her duty authorized representative, the conduct of such person, while in and about the premises covered by this contract interferes with proper services or discipline.

10. Obtain insurance for all non-Government property and merchandise used by the concessionaire in the operation of the concession against theft, fire, storm, food, and damage, or destruction through any other force of nature, or in lieu thereof, to relieve the NAFI from any liability arising from such theft, loss, damage, or destruction. The Concessionaire must have liability insurance commensurate with the risks involved, and furnish proof of such to the Contracting Officer.

11. Not leave cash on the premises during non-operational hours unless it is safeguarded in accordance with AFR 125-37.

12. Be responsible for paying all operating expenses not expressly undertaken by the NAFI.

13. Maintain AF Form 2555, Cash Collection Record, showing all income received, in accordance with instruction from the NAFI. Pre-numbered AF Form 2555 in an original and one copy shall be provided the Concessionaire by the supporting NAFI accounting office. Any failure by the Concessionaire, its servants, employees, or agents, to enter all monies received on these control sheets with be cause for immediate cancellation of this contract and possibly the basis for criminal action against Concessionaire.

ARTICLE III:

Concessionaire will not:

1. Represent or permit its self to be represented to the public as an agent or employee of the NAFI by the use of the name of NAFI on letters, bills, signs, or by any other means. The Concessionaire, its servants, agents, and employees are in no sense agents of the United States, the NAFI, the Commander of the installation within which the concession exists, or of any other entry having to do with operations of the NAFI.

2. Sell or remove any property, which is owned by the NAFI or any other part of the Federal Government and is used in the operation of the concession.

3. Engage in or permit gambling or possession or use of any gambling device on the concession premises or elsewhere on the installation.

4. Sell deal in, or otherwise posses or transfer, on the concession premises, any form of intoxicating liquors or narcotics.

5. Loan money to or borrow money from customers or other, which includes Federal government (including NAFI) employees and military personnel.

6. Sell merchandise or services for anything other than US currency, unless authorized in writing by the Contracting Officer.

7. Sell Merchandise or services on credit.

8. Give or offer to any officer or employee of the NAFI, or any other part of the Federal Government, any gift, privilege, special benefit, discount, or anything else of material or personnel nature whereby the individual or employee would receive preferential treatment.

ARTICLE IV:

That:

1. Air Force Auditor General personnel, or any person designated by the installation commander, will have the right to inspect or audit the accounts and methods of internal control established by Concessionaire, and to make such inspection or audits as my be considered necessary to ensure strict compliance by Concessionaire with all provisions of this contract and with applicable Air Force regulations.

2. This contract, unless sooner terminated as herein provided, may be extended for additional periods, each of which may not exceed (12) months by mutual agreement of the parties in writing, subject to approval in the same manner as this instrument in no event will the period of performance exceed five (5) years.

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