Breach of Contract for Green Valley Bistro (Vendor) at CTF
CTF inmates and their respective visitors, request that Warden C. Koenig and Business Services Manager S. Salas seek breach of contract against Green Valley Bistro "Vendor" for failure to perform their agreed upon functions as set forth in the December 2, 2011 contract. Specifically, alleging compliance failures with their contractual obligations as Vendor "shall provide food and beverage and other items of good and wholesome quality;" "shall provide necessary maintenance, repair and replacement of all BEP owned equipment as listed in Attachment B [i.e. vending machines];" "will sell items as listed in Attachment C and that all items sold will be fresh of wholesome quality;" "to provide vending services as described herein from Monday through Sunday... during the hours listed below: Inmate Visiting Rooms: Saturday, Sunday and all major holidays 8:00 a.m. - 4:00 p.m;" and "to provide paying customers all necessary expendable items and consumable supplies such as, but not limited to: paper cups, paper plates, napkins, utensils (knives, forks, spoons), to-go containers, condiments and other customary items required for sale and consumption of items sold in the FACILITY."
Over the past two years or more, Vendor has consistently failed to provide the necessary maintenance, repair and replacement of all BEP owned equipment as listed in Attachment B (i.e. vending machine) and has failed to provide quality food and beverages as well as paper plates, napkins, condiments, etc as set forth below.
1. Food machines are inoperable.
2. Drink machines are continually inoperable. There have been instances when visitors and inmates were unable to purchase drinks, including water.
3. The vending machines are routinely empty, and, when stocked by the Vendor, are only partially filled and contain very little variety.
4. The vending machines are not stocked on many Saturday mornings, so there is very little to eat throughout visitation. Even more frequently the vending machines are not stocked on Sunday mornings.
5. The variety, quality, and selection of food are poor and there are no fresh foods, including fresh fruits, being provided. (recently, for about one month, fresh salads were provided.) The quality of items needs to be improved.
6. The vendor does not provide any coffee or ice cream, items routinely provided by most vendors at most CDCR institutions.
7. Many visitors who require vegetarian or diabetic diets are not being accommodated.
8. There has been many issues presented about the food items being sold are moldy.
9. There have been instances when the visiting room is sometimes without plates, napkins, and condiments.
The attached signatories respectfully request that CTF administration pursue noncompliance/breach of contract proceedings against Vendor for the failures set forth above.
This request is supported by the factual allegations presented above; the numerous security issues CTF has allegedly had with the Vendor; the numerous complaints that have been presented to CTF Administration; and the contractual failures referenced herein.